These terms of service (these “Terms”) apply to the API marketplace/network and other products and services (collectively, the “Service”) provided by Apiable Oy.(“Apiable”, “our,” or “we”) via Apiable.com (the “Site” or “Sites”). By registering to use the Service, accessing the Service or providing access to any APIs via the Service, you agree and acknowledge that you have read all of the terms and conditions of these Terms, you understand all of the terms and conditions of these Terms, and you agree to be legally bound by all of the terms and conditions of these Terms. These Terms apply to individuals and entities that provide access to APIs via the Service (“you”) and individuals and entities that obtain access to APIs via the Service (“API Consumers”).Unless otherwise specified, “you” refers to both you and API Consumers. The “Effective Date” of these Terms is the date you first access the Service. Apiable reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of Apiable) 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 Apiable.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
Apiable’s API Portal helps you create API marketplaces customised with your own branding and hosted on a subdomain of your choice.The API Portal includes the following features: BRANDED PORTAL Your own API Portal, customised with your own branding including logo and colour scheme.Hosted on a subdomain of your choice e.g.developer.yourdomain.com MULTIPLE API GATEWAYS Have one or more API Management tools?No problem, we' ll integrate those into your API Portal, meaning that you' ll have access to all of your APIs, onboard your customers directly from the portal. API CONSUMER ROLES Provide the right experience, for the right user, at the right time; be they more business focussed, or more developer-focused, we have the right journey for them. TEAM BASED ACCESS Bind the API Subscription to a team, not an individual, because individuals can move on with your keys in their pocket... IDENTITY PROVIDER SUPPORT Plugin your own identity services for corporate, partner or customer login to ensure a seamless experience. API PRODUCT SUBSCRIPTIONS API Subscriptions allow your customers to choose an API Product Plan and subscribe to it, enabling API Monetization. Apiable 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.
Token Service Fair Use Policy
Usage of our Token Service is subject to our Fair Usage Policy. To help us identify whether you are using your Token Service in accordance with these Terms, we may monitor the amount of API Tokens you are generating. Where you regularly have used more than 1,000,000 calls to the Token Service per Month then we may investigate your usage further to ascertain whether your Token Service usage is for the permitted use. Where following such investigation we determine or reasonably suspect that your usage is for purposes other than the permitted use then we reserve the right to transfer you to a more suitable plan.
Registration
In order to access the Service, you must register with Apiable 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 Apiable account password, (c) maintain and promptly update the Registration Data, and any other information you provide to Apiable, 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 Apiable. 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 Apiable account or password.You must notify Apiable immediately if you learn of an unauthorized use of your Apiable account or password.
API Rights
Apiable provides the API Portal/Marketplace, but the terms and conditions applicable to the APIs (including, the use of the APIs) are between you and your customers. You are responsible for all support and all claims relating to your listed APIs (e.g., product liability, legal compliance or intellectual property infringement). Apiable reserves the right, but does not have the obligation, to review, screen, or monitor any links to any APIs.You and API Consumers acknowledge and agree that Apiable may remove any APIs at Apiable’s sole discretion.
Grants and Obligations
You may list APIs via the Service by completing Apiable’s new API Product form. For each API, you must provide the following information: Access to the upstream (clients own) API/Integration Terms Licenses (if applicable) You grant Apiable the right to either a) Provide the APIs via the Service or b) Provide access to the APIs via the Service.
Payments
Apiable collects subscription fees and other payments associated with API Consumers’ access and use of APIs provided by you via the Service (“API Fees”). Following Apiable’s receipt of the API Fees applicable to an API listed on the Service by you, Apiable will pass on such amount to you with Apiable transaction fees deducted. Payments are made monthly. Notwithstanding any terms to the contrary in these Terms, you acknowledge and agree that Apiable will use reasonable effort to collect API Fees, but Apiable is not responsible for any failure to collect API 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). Apiable, at its sole discretion, may modify its transaction fee with no less than 7 days advance notice.
Intellectual Property
Apiable’s name, trademarks, logos, and any other Apiable product, service name, or slogan included in the Service are property of Apiable and may not be copied, imitated, or used (in whole or in part) without Apiable’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 Apiable and may not be copied, imitated, or used (in whole or in part) without Apiable’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 Apiable and its licensors with such company or an endorsement or approval by such company of Apiable or its licensors or their respective products or services.
Privacy
For information about how we collect, use and share information about users of the Service, please see our Privacy Policy.
Termination
Apiable may, in case of a breach of these Terms or applicable laws, immediately suspend or terminate your license to access or use the Service at any time. In case of a suspected breach, Apiable will contact you in order to resolve the matter before suspending or terminating your license. You must stop accessing or using the Service immediately if Apiable suspends or terminates your license to access or use the Service. Apiable 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. Apiable 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. You and API Consumers acknowledge and agree that Apiable may remove any API or any API Content/terms where they are found to be in breach of these Terms or applicable laws. The Licence can be terminated by Apiable by giving ninety (90) days notice in writing or by you by giving thirty (30) days notice in writing. API Consumers may terminate their subscription immediately by giving notice through the Service.
Updates to the Service
You understand that the Service is an evolving one. Apiable may require that you accept updates to the Service and to Apiable’s apps you have installed on your computer or other device. You acknowledge and agree that Apiable may update the Service, with or without notifying you. You may need to update third party software from time to time in order to receive the Service.
Disclaimer of Warranties
Without limiting Apiable’s liability under Section 6 below, the Service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Apiable does not warrant that you will be able to access or use the service at the times or locations of your choosing; that the Service will be uninterrupted or error-free; that defects will be corrected; or that the service is free of viruses or other harmful components.
Limitation of Liability; Sole and Exclusive Remedy; Indemnification
Apiable shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the Service itself, whether based on contract, tort or any other legal theory, and whether or not Apiable has been advised of the possibility of such damages. Apiable shall not be liable to you for more than the amount you have paid to Apiable in accordance with these Terms of Service in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Apiable during such time period, your sole remedy (and Apiable’s exclusive liability) for any dispute with Apiable is to stop using the Service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Apiable may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Apiable’s liability shall be the minimum permitted under such applicable law. In particular, nothing in these Terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Apiable. You agree to indemnify, defend and hold Apiable harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
Dispute Resolution and Law
If a dispute arises between you and Apiable, we strongly encourage you to first contact us directly to seek a resolution by contacting us at info@apiable.io. You agree that all disputes between you and Apiable shall be governed by the laws of Finland, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Apiable must be resolved exclusively by a court located in Helsinki, Finland.
Severability
You and Apiable agree that if any portion of these Terms of Service or of the Apiable Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
General Provisions
Assignment
Apiable may assign or delegate these Terms of Service and/or the Apiable Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Apiable’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
Supplemental Policies
Apiable may publish additional policies related to specific services, distinctive of the Service. Your right to use such services is subject to those specific policies and these Terms of Service.
Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Apiable Privacy Policy), contain the entire understanding of you and Apiable, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
No Waiver
The failure of Apiable to require or enforce strict performance by you of any provision of these Terms of Service or the Apiable Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Apiable’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Apiable of any provision, condition, or requirement of these Terms of Service or the Apiable Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Apiable shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Apiable.
Notices
We may notify you via postings on the Apiable website, and via e-mail or any other communications means available to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Apiable Privacy Policy shall be in writing and addressed to: Jollaksentie 66, 00850 Helsinki, Finland. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Apiable are of a unique and irreplaceable nature, the loss of which shall irreparably harm Apiable and which cannot be replaced by monetary damages alone so that Apiable shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
Force Majeure
Apiable shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Apiable, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Apiable’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
