01 July 2021
- We may receive data - that can constitute personal data under applicable laws - in order to provide our services.
- We do not share or sell any data with third parties for them to advertise their products/services to you.
- We use data to analyse our customers and visitor’s behavior as a whole and in an anonymised way (never on an individual level). We do this so that we can improve our users’ experience on our website and improve our services.
- We conduct digital advertising campaigns ourselves on Google, social media sites or any other sites to increase awareness of APIfew. You can opt out of interest-based advertising on those sites if you wish.
- We will only send our newsletter to you with your consent and you can opt out at any time.
These terms of service (these "Terms") apply to the our marketplace and other products and services (collectively, the “Service” or “Services”) provided by Altair Services SAS ( « APIfew », « our » or « we » ), via apifew.com (the "Site").
By registering to use the Service, accessing the Service or providing access to any API or SaaS ( a “Product” ) via the Service, you agree and acknowledge that you have read all of the terms and conditions of these Terms.
If you do not agree to any of the terms below, you must not use the APIfew Site.
If you continue to use the Site, this will be treated as confirmation that you have read and agree to be legally bound by all of the terms and conditions below.
These Terms apply to individuals and entities that provide access to a Product via the Service ("Providers") and individuals and entities that obtain access to a Product via the Service (“Consumers”). Unless otherwise specified, “you” refers to both Providers and Consumers.
The "Effective Date" of these Terms is the date you first access the Service.
APIfew reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of APIfew) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an email, posting a notice on the Site, posting the revised Terms on the Site and revising the date at the top of these Terms, or such other form of notice as determined by APIfew. Any changes or modifications will be effective 7 days after providing notice that these Terms have been modified (the "Notice Period"). Your continued use of the Service following the Notice Period will constitute your acceptance of such changes or modifications. You are advised to review these Terms whenever you access the Service and at least every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Service.
SERVICE & REGISTRATION
APIfew’s marketplace connects Providers and Consumers. The Service enables Providers to list the Product they offer for purchase by Consumers. Each Product offering includes a description, its associated licenses and price, and other related terms and conditions. Consumers may purchase the right to use an Product on an individual basis or as part of a subscription or usage related plan. APIfew grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Service subject to the terms and conditions set forth in these Terms.
In order to access the Service, Providers and Consumers must register with APIfew by completing the registration forms provided via the Site. You agree to (a) provide accurate, current, and complete information as may be prompted by the registration forms via the Site ("Registration Data"), (b) maintain the security of your APIfew account password, (c) maintain and promptly update the Registration Data, and any other information you provide to APIfew, to keep it accurate, current, and complete and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to APIfew. You are responsible for safeguarding the passwords you use to access the Service and agree to be fully responsible for activities or transactions that relate to your APIfew account or password. You must notify APIfew immediately if you learn of an unauthorized use of your APIfew account or password.
Rights - Between Providers and Consumers (not APIfew)
APIfew provides the marketplace, but the terms and conditions applicable to the Product are between Providers and Consumers (not APIfew).
With respect to each Product, Consumers and the Provider who listed such Product via the Service acknowledge and agree that the terms and conditions applicable to the use of and other rights with respect to such Product by each such Consumer are solely between each such Consumer and such Provider, and not with APIfew. Each Provider (not APIfew) is responsible for all support and all claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). APIfew reserves the right, but does not have the obligation, to review, screen, or monitor any links to any Product or any Content/Terms (as defined below) at any time and for any reason without notice. Providers and Consumers acknowledge and agree that APIfew may remove any Product or any Content/Terms at APIfew’s sole discretion.
Grants and Obligations
Product Providers may propose Product via the Service by completing APIfew’s listing form. For each Product, Providers must provide the URLs applicable to such Product on the Provider’s websites ("Provider Sites"), a brief description of the Product, the Product pricing parameters (free use, unique object pricing, or subscription), any overage fees and any other applicable terms and conditions (e.g., service level standards) (collectively, “Product Content/Terms”).
Provider grants APIfew the right to provide the Product and the Product Content/Terms provided by the Provider (or a party on its behalf) via the Service. Further, Provider consents to APIfew’s use of its name and, if applicable, Provider’s company’s name and logo on the Site and our publicly-available online and printed materials, identifying Provider (and, if applicable, Provider’s company) as part of the APIfew network.
Product Provider, not APIfew, is responsible for monitoring and enforcing the Product Content/Terms applicable to each Product to which it grants a Product Consumer access. Product Provider acknowledges and agrees that APIfew will not be liable for any actual or alleged breach of the terms and conditions governing the use of a Product by Consumer (or any damages arising from or related to such actual or alleged breach).
Product Provider represents and warrants that (a) all representations and warranties made by Product Provider with respect to the Product it lists via the Service are true and accurate; and (b) it owns (or has full rights to) to market, promote, offer to sell, sell, grants access to, and distribute a Product it lists via the Service and all Product Content/Terms posted to the Service.
In the event APIfew provides a Product Consumer email addresses or other contract information to an Product Provider, such Product Provider may use such email addresses or other contact information solely to provide Provider’s Product to Consumer in connection with the Service. In no event may Provider bypass APIfew’s billing, management, marketplace or Service and/or use any information obtained via APIfew, the Service or the Site (including, but not limited to, any Consumer email addresses or other contract information) for any purpose other than expressly authorized in these Terms. For example, Provider may not use any Consumer email addresses or other contract information to solicit Consumers or other users to leave the Service or obtain Product directly via Providers or any non-APIfew source.
APIfew collects subscription fees and other payments associated with Consumers’ access and use of Products provided by Providers via the Service ("Product Fees"). Following APIfew’s receipt of the Product Fees applicable to an Product listed on the Service by a Provider, APIfew will passed on such amount to the applicable Product Provider less an APIfew transaction fee. Providers are paid on a monthly basis in arrears via the Service. Notwithstanding any terms to the contrary in these Terms, Providers acknowledge and agree that APIfew will use reasonable effort to collect Product Fees, but APIfew is not responsible for any failure to collect Product Fees (including, but not limited to, any damages that arise out of, result from, are attributable to or are in any way incidental to such failure).
APIfew, at its sole discretion, may modify its transaction fee with no less than 7 days advance notice.
Product Consumer may browse listed Products and subscribe to access and use Products pursuant to one of the APIfew Product subscription plans selected by Product Consumer. Depending on a particular Product offering, Product Consumer may also be able to arrange custom pricing and service directly with an Product Provider. Unless otherwise expressly set forth in the APIfew subscription plan selected by an Product Consumer, APIfew subscription plans will automatically renew for additional periods equivalent in length to the initial APIfew subscription period selected by such Product Consumer. Each Product Consumer may change the type of APIfew subscription plan selected or terminate the APIfew subscription plan according to the terms and conditions of such subscription plan.
The pricing terms for each Product Consumer’s access and use of Products are set forth in the APIfew subscription plan selected by such Product Consumer (unless the Product is not being purchased pursuant to an APIfew subscription plan). All payments must be made in EUR by credit or debit card via an authorized APIfew payment processor. APIfew will charge the credit/debit card provided by Product Consumer via the Service in advance and in accordance the subscription plan selected by Product Consumer. Most plans are monthly with subscriptions payable at the beginning of each month. Each Product Consumer hereby authorizes APIfew (or its authorized payment processor) to charge the credit/debit card number provided via the Service by such Product Consumer in accordance with the APIfew subscription plan selected, and such Product Consumer represents and warrants that such Product Consumer is authorized to use and have fees charged to the credit/debit card number provided to APIfew. Product Consumer understands that it may withdraw such authorization by contacting APIfew at help@APIfew.com.
APIfew reserves the right, but does not have the obligation, to remove, screen, or edit any content, links, comments or materials posted or stored on the Service, including Product Content/Terms (collectively, "User Content") at any time and for any reason without notice. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Service any User Content that is restricted by these Terms.
Except as expressly authorized by these Terms, you may not:
• modify, disclose, alter, translate, or create derivative works the Service (or any components thereof);
• license, sublicense, resell, distribute, lease, rent, lend, transfer, assign, or otherwise dispose of the Service (or any components thereof);
• disassemble, decompile, or reverse engineer the software components of the Service;
• use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
• use the Service to store or transmit any viruses, software routines or other code designed to permit unauthorized access, disable, erase, or otherwise harm software, hardware, or data, or to perform any other harmful actions;
• copy, frame, or mirror any part or content of the Service;
• build a competitive product or service, or copy any features or functions of the Service;
• interfere with or disrupt the integrity or performance of the Service;
• attempt to gain unauthorized access to the Service or their related systems or networks;
• remove, alter, or obscure any proprietary notices in or on the Service including copyright notices;
• cause or permit any third-party to do any of the foregoing;
• interfere in any manner with the enjoyment of the Service of any other user.
General Grant and Ownership Unless otherwise expressly indicated in these Terms, (a) all user profiles and user contact information, and (b) all information, materials, and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively, "APIfew Materials") are exclusively owned by APIfew or are used with permission. You may not use or disclose any of the APIfew Materials without APIfew’s express prior written consent. When you post, link, or otherwise make available User Content to the Service, you grant APIfew a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any manner or media on or off the Site. APIfew reserves all rights not expressly set forth in these Terms.
APIfew users may report content that appears on/via the Site or Service to APIfew that he/she thinks violates these Terms, and APIfew may remove such content, suspend or terminate the account of the user who made posted such content and/or take additional action to enforce these Terms against such user.
Any suggestions, comments, or other feedback provided by you to APIfew with respect to the Service or APIfew (collectively, "Feedback") will constitute confidential information of APIfew. APIfew will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind, on account of intellectual property rights or otherwise.
You are granted a limited, non-exclusive right to create a text hyperlink to the Service for noncommercial purposes, provided such link does not portray APIfew or any of its products and services in a false, misleading, derogatory, or defamatory manner and that the linking site does not contain any material that is offensive, illegal, harassing, or otherwise objectionable. This limited right may be revoked at any time. APIfew makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party sites accessible by link from the Service or Site. APIfew provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by APIfew of the corresponding site or any information contained in (or made available via) that site. When you leave the Site, APIfew’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Site.
APIfew may run advertisements and promotions from third parties through or in connection with the Service or may provide information about or links to third-party products or services. Your dealings or correspondence with, or participation in promotions of, any such third parties, and any terms, conditions, warranties, or representations associated with such dealings, correspondence, or promotions, are solely between you and the applicable third party. APIfew is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions or as the result of the presence of such advertisers or third-party information made available through the Service.
APIfew’s name, trademarks, logos, and any other APIfew product, service name, or slogan included in the Service are property of APIfew and may not be copied, imitated, or used (in whole or in part) without APIfew’s prior written consent. The look and feel of the Service and the Site, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of APIfew and may not be copied, imitated, or used (in whole or in part) without APIfew’s prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service ("Third-Party Trademarks") are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute an affiliation by APIfew and its licensors with such company or an endorsement or approval by such company of APIfew or its licensors or their respective products or services.
SUSPENSION OR TERMINATION
APIfew may, at its sole discretion, suspend or terminate your license to access or use the Service at any time and for any reason without notice. You must stop accessing or using the Service immediately if APIfew suspends or terminates your license to access or use the Service. APIfew reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Service during suspension or after termination. APIfew may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Service is suspended and after it is terminated. Except for the license granted to you to access and use the Service and all payment terms, all of the terms, conditions, and restrictions set forth in these Terms will survive the termination of these Terms. Providers and Consumers acknowledge and agree that APIfew may remove any Product or any Product Content/Terms at APIfew’s sole discretion.
Consumer may terminate its subscription plan at any time by selecting Unsubscribe from the applicable Product plan page. NO REFUNDS WILL BE ISSUED.
GDPR & DATA PRIVACY
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. APIfew DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICE, ANY OF THE PRODUCT PROVIDED VIA THE SERVICE, ANY Product CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE SITE AND THE APIfew MATERIALS), THIRD-PARTY INFRASTRUCTURE (AS DEFINED BELOW) AND THIRD-PARTY TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, AND CONDITION OF TITLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APIfew DOES NOT WARRANT, AND DISCLAIMS ALL LIABILITY FOR (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICE, ANY OF THE PRODUCTS PROVIDED VIA THE SERVICE, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE), OR THIRD-PARTY TRADEMARKS; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE AND ANY API/SAAS MADE AVAILABLE VIA THE SERVICE; (C) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE; AND (D) WHETHER THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. INDEMNIFICATION
You agree, at your sole expense, to defend, indemnify and hold APIfew (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) for any death, injury, property damage caused by, arising out of, resulting from, attributable to or in any way incidental to any of your conduct or any actual or alleged breach of any of your obligations under these Terms (including, but not limited to, any actual or alleged breach of any of your representations or warranties as set forth in these Terms).
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APIfew WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE PRODUCTS PROVIDED VIA THE SERVICE, ANY Product CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE SITE AND APIfew MATERIALS), THIRD-PARTY INFRASTRUCTURE OR THIRD-PARTY TRADEMARKS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EVEN IF APIfew HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF APIfew ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE PRODUCTS PROVIDED VIA THE SERVICE, ANY API/SaaS CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE), THIRD-PARTY INFRASTRUCTURE OR THIRD-PARTY TRADEMARKS EXCEED ONE HUNDRED Euros (EUR 100). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
APIfew reserves the right, but does not have the obligation, to review, screen, or monitor any links to any APIs or any Product Content/Terms (as defined below) at any time and for any reason without notice.
THE GOVERNING LAW OF THIS AGREEMENT SHALL BE THE LAWS OF FRANCE; and any suit, action or proceeding arising out of or relating to this Agreement (including any noncontractual dispute or claim) will be settled by the Courts of Paris, France.
Neither party will, for any purpose, be deemed to be an agent, franchisor, franchise, employee, representative, owner, or partner of the other party, and the relationship between the parties will only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
You may not assign, delegate, or transfer (by sale, merger, operation of law, or otherwise) these Terms or any right, title, interest, or obligation hereunder without the prior written consent of APIfew. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. APIfew may assign these Terms without your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees, and other successors in the interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms.
Notwithstanding any terms to the contrary in these Terms, you acknowledge and agree that APIfew uses a third party hosting infrastructure in connection with the Services ("Third-Party Infrastructure"), the provider(s) of the Third-Party Infrastructure disclaim and make no representation or warranty with respect to such Third-Party Infrastructure, and APIfew assumes no liability for any claim that may arise with respect to such Third-Party Infrastructure.
By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at help@APIfew.com.
If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
APIfew is not responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), acts of terrorism, civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of services provided by any service providers used by APIfew, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.
If you have any questions regarding the use of the Service, please email APIfew at help@APIfew.com.