Terms of Use
Last updated: September 27, 2022
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the apitracker.com website and the apitracker Service (“Product”, “Service”) owned and operated by Api Tracker Inc (“Company” “us”, “we”, or “our”).
Your (“Customer”, “you”, “user”) access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
The Service is meant for Customers to track their website traffic. Any abuse of or deviation of the Service is grounds for immediate termination of the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. You should promptly discontinue use of the Service.
Subscriptions
The Service is billed on a subscription basis (“Subscription(s)”). You will be billed on a recurring monthly period. Please read the following carefully, as it pertains to ongoing financial transactions. Your continued use of the product indicates your consent, agreement, and willingness to accept such applicable charges as they relate to the subscription.
Subject to the Customer acquiring the Service, the Customer shall provide a valid email addresses and follow other terms and conditions of this agreement, Company hereby grants to the Customer a non-exclusive, non-transferable right to use the Services during Subscription Term solely for the Customer’s lawful purposes. Customer grants and consents to Company contacting Customer regarding Company marketing promotions, announcements, update notifications, and any such emails related to the product. Customer consents and agrees to the use of their email in resetting their password(s). Customer consents and agrees to hold harmless Company for any matter, civil or criminal, arising from the behavior of third parties that Company or its services may, in its discretion, work with in order to provide the Service to Customer.
If Company determines Customer’s subscription fees are in arrears, underpaid, or financial institution is not processing payment, it may unilaterally suspend Customer’s access to the Service until such time as amount due has been satisfied. At Customer’s choice and discretion, Company may delete Customer’s account in its entirety. Customer may not access the account, even to access contracted for services, until such time as the account is caught up in payments.
The Customer agrees that they shall not access, store, distribute, or transport any viruses or material via the Service that is a) unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive; b) facilitates illegal activity; or; c) in a manner that is otherwise illegal or causes damage or injury to any person or property.
Customer agrees that Company retains the right, without liability or prejudice, to suspend Customer’s account, access to the Service, and other rights involving Company’s agreement with Customer, if Customer breaches these Terms and Conditions.
Customer shall not, except by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this agreement:
Attempt to unlawfully or without license copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service’s Software and/or Documentation (as applicable) in any form or media or by any means or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software.
Access all or any part of the Service in order to build a product or service which competes with the Service; use the Service to provide services to third parties; unless specifically permitted in writing by Company: license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or Documentation available to any third party, attempt to obtain, or assist third parties in obtaining, access to the Customer’s Service.
The Customer shall use reasonable effort to prevent any unauthorized access to, or use of, the Service and, in the event of any such unauthorized access or use, promptly notify Company.
Company shall use reasonable effort to prevent unauthorized access to, use of, or loss of Customer’s account and applicable data and shall notify Customer promptly in event of a breach.
The Service
Our Service permits the Customer to capture and analyze their APIs. The Service comes in multiple forms, depending which Subscription platform Customer chooses. The Subscription platform shall be described on our website, is subject to periodic updates, and the pricing schedule reflects the value of the benefits offered in each platform.
You agree that you will not use the Service for illicit, illegal, or unethical practices. You understand and consent that should the company become award of illegal or dangerous behavior, they can and will report to the appropriate authorities.
Customer Data
The Customer shall own all right, title and interest in and to all of the Customer data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer’s data. The Service merely monitors traffic and does not manipulate, interpret, nor access the site data.
Company shall follow its archiving procedures for Customer data. In the event of any loss or damage to Customer data, the Customer’s sole and exclusive remedy shall be for Company to use reasonable effort to restore the lost or damaged Customer data from the latest back-up of such Customer data that may be available. Company shall not be responsible for any loss, destruction, alteration or disclosure of Customer data caused by any third party.
Company shall, in providing the Service, comply with its Privacy Policy relating to the privacy and security of the Customer data and such document may be amended from time to time by Company in its sole discretion.
Customer acknowledges and agrees that information may be transferred or stored outside the or the country where the Customer is located in order to carry out the Service and Company’s obligations under this agreement.
Company shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data or its accidental loss, destruction or damage.
API Tracker’s Obligations
Company undertakes that the Service will be performed in accordance with the stated purpose of the Service and with reasonable skill and care.
Company does not warrant that the Customer’s use of the Service will be uninterrupted or error-free; or that the Service obtained by the Customer through the Services will meet the Customer’s expectations.
Company is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of media over communications networks and facilities, including the internet, and the Customer acknowledges that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
Charges and Payments
The Customer shall pay the Subscription Fees to Company for the subscription fees in accordance with these Terms and such other agreements that may exist demonstrating Customer’s consent and acceptance of the Service, the subscription, and financial obligations.
If Company has not received payment within 10 days after the invoice due date, and without prejudice to any other rights and remedies of Company: Company may, without liability to the Customer, disable the Customer’s password, account and access to all or part of the Services and Company shall be under no obligation to provide any or all of the Services while payment is owed.
Disputes and Resolution
In the event of a dispute, the parties irrevocably consent and agree to first attempt reasonable and amicable negotiations in order to effectively resolve the terms of the dispute. Should such negotiations fail, then the parties agree to binding arbitration under the laws of the state of Texas.
Costs of such dispute and/or arbitration shall be split between the parties, save for attorney’s fees. In such instance, each party irrevocably consents and agrees to bear their respective attorney’s costs.
Costs of such dispute and/or arbitration shall be split between the parties, save for attorney’s fees. In such instance, each party irrevocably consents and agrees to bear their respective attorney’s costs.
Each party irrevocably agrees that the federal court of the Southern District of the State of Texas shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation, in the event that the Disputes arbitration clause is held to be unlawful or unenforceable.
Intellectual Property
The Customer acknowledges and agrees that Company owns all intellectual property rights in the Service. Except as expressly stated herein, this agreement does not grant the Customer any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services.
Company confirms that it has all the rights in relation to the Services and the Documentation that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this agreement.
Open Source
Company acknowledges that the Service utilizes an Open Source framework in order to provide a flexible service that is beneficial to customers. The Company does not forfeit it’s copyright in regards to the source code and asserts that any and all usage of the open source materials is at the revocable consent of the Company.
Indemnity
The Customer shall indemnify and hold harmless Company against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Customer’s use of the Service.
The Customer shall indemnify Company against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Company arising out of or in connection with any claim made against Company for actual or alleged infringement of a third party’s intellectual property rights, actual or alleged defamation, or otherwise, arising out of or in connection with use of the Service by Customer.
Customer assumes sole responsibility for the use of the Service. Company shall have no liability for any damage caused by errors in connection with the Service, or any actions taken by Company at the Customer’s direction.
All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement, further, the Service is provided to the Customer on an “as is” basis.
Term and Termination
These Terms shall commence on date of purchase of the Service and end upon Customer opt-out of the Service.
Severability
If any provision or part of a provision of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
Governing Law
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the State of Texas.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Company.
Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. Customer further acknowledges and agrees that apitracker shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 14 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Us
If you, the customer, have any questions about these Terms, please contact us at info@apitracker.com.
