Last modified: January 11, 2019
Thank you for using AJWI’s API. By accessing or using our API, you are agreeing to the terms below. Collectively, we refer to the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the "Terms." You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully. If you use the APIs as an interface to, or in conjunction with other AJWI products or services, then the terms for those other products or services also apply.
Under the Terms, "AJWI" means Andrew J Wong Inc., with offices at 456 Montgomery St., San Francisco California 94104, United States, unless set forth otherwise in additional terms applicable for a given API. We may refer to "AJWI" as "we", "our", or "us" in the Terms.
If you are using the API on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).
In order to access certain API you may be required to provide certain information (such as identification or contact details) as part of the registration process for the API, or as part of your continued use of the API. Any registration information you give to AJWI will always be accurate and up to date and you'll inform us promptly of any updates.
You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.
You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the API to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with AJWI.
You will only access (or attempt to access) an API by the means described in the documentation of that API. If AJWI assigns you developer credentials (e.g. client IDs), you must use them with the applicable API. You will not misrepresent or mask either your identity or your API Client's identity when using the API or developer account.
AJWI sets and enforces limits on your use of the API (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain AJWI’s express consent (and AJWI may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact the relevant AJWI API team for information (e.g. by using the AJWI desk help request).
We may send you certain communications in connection with your use of the API. It is required that you accept these communications.
If you provide feedback or suggestions about our API, then we (and those we allow) may use such information without obligation to you.
The Terms are non-exclusive. You acknowledge that AJWI may develop products or services that may compete with the API Clients or any other products or services.
The API is designed to help you enhance your websites and applications ("API Client(s)"). YOU AGREE THAT AJWI MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE AJWI PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include AJWI accessing and using your API Client, for example to identify security issues that could affect AJWI or its users. You will not interfere with this monitoring. AJWI may use any technical means to overcome such interference. AJWI may suspend access to the API by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.
You will use commercially reasonable efforts to protect user information collected by your API Client, including personally identifiable information ("PII"), from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.
AJWI does not acquire ownership in your API Clients, and by using our API, you do not acquire ownership of any rights in our API or the content that is accessed through our API.
You will comply with all applicable privacy laws and regulations including those applying to PII. You will provide and adhere to a privacy policy for your API Client that clearly and accurately describes to users of your API Client what user information you collect and how you use and share such information with AJWI.
When using the API, you may not (or allow those acting on your behalf to):
Content accessible through our API may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.
Our API allows the submission of content. For the sole purpose of enabling AJWI to provide, secure, and improve the API (and the related service(s)) and only in accordance with the applicable AJWI privacy policies, you give AJWI a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the API through your API Client. "Use" means use, host, store, modify, communicate, and publish. Before you submit content to our API through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.
When a user's non-public content is obtained through the API, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.
AJWI supports data portability. For as long as you use or store any user data that you obtained through the APIs, you agree to enable your users to export their equivalent data to other services or applications of their choice in a way that's substantially as fast and easy as exporting such data from AJWI products and services, subject to applicable laws, and you agree that you will not make that data available to third parties who do not also abide by this obligation.
Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the API:
"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of AJWI’s Brand Features (including any goodwill associated therewith) will inure to the benefit of AJWI.
You agree to display any attribution(s) required by AJWI as described in the documentation for the API. AJWI hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license while the Terms are in effect to display AJWI’s Brand Features for the purpose of promoting or advertising that you use the API. You must only use the AJWI Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. You understand and agree that AJWI has the sole discretion to determine whether your attribution(s) and use of AJWI's Brand Features are in accordance with the above requirements and guidelines.
You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by AJWI without AJWI's prior written approval.
In the course of promoting, marketing, or demonstrating the API you are using and the associated AJWI products, AJWI may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.
By using our APIs, AJWI may use submitted information in accordance with our privacy policies.
You may stop using our API at any time with or without notice. Further, if you want to terminate the Terms, you must provide AJWI with prior written notice and upon termination, cease your use of the API. AJWI reserves the right to terminate the Terms with you or discontinue the API or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the AJWI Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5. AJWI may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use the API.
When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 4b, 5, 8, 9, and 10.
EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER AJWI NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE API. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE API, THE SPECIFIC FUNCTIONS OF THE API, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE API "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.
WHEN PERMITTED BY LAW, AJWI WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF AJWI FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE API (OR, IF WE CHOOSE, TO SUPPLYING YOU THE API AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
IN ALL CASES, AJWI, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Unless prohibited by applicable law, if you are a business, you will defend and indemnify AJWI, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our API. You should look at the Terms regularly. We'll post notice of modifications to the Terms within the documentation of each applicable API, to this website, and/or in the AJWI developers console. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.
The API is commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.
We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and AJWI does not take action right away, this does not mean that AJWI is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and AJWI relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact AJWI, please send us inquiries at info@ajwi.com.
Except as set forth below the laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the API.
If you are accepting the Terms on behalf of a United States federal government entity, then the following applies instead of the paragraph above: the laws of the United States of America, excluding its conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the APIs. Solely to the extent permitted by United States Federal law, the laws of the State of California (excluding California's conflict of laws rules) will apply in the absence of applicable federal law.