API Terms of Use

POINTSCENE API – TERMS OF USE

  • 1. BACKGROUND AND PURPOSE
      1. These Pointscene API Terms of Use (API Terms) of Pointscene Oy (business identity code 2620376-2), a limited liability company incorporated and existing under the laws of Finland, having its registered office at Klovinpellontie 1-3, 02180 Espoo, Finland (Pointscene) govern the use of API Tools (as defined below). You must accept these API Terms in order to use the API Tools. By accepting these API Terms in connection with the signup procedure to Pointscene Services, you agree to be bound by these API Terms.These API Terms may be entered into by a User (as defined below) using the API Tools on behalf of a company, association or other legal entity (Customer Organization). If you are using the API Tools on behalf of a Customer Organization as stated above, you warrant that you are authorized to bind the Customer Organization to these API Terms. If you do not have such authority or if you do not agree with these API Terms, you may not use the API Tools.
      2. Please note that the API Tools are not intended for consumer use.
      3. Pointscene is entitled to amend these API Terms by providing you with a prior notice of at least thirty (30) days by email. If you do not accept the change(s) made by Pointscene to these API Terms, you have the right to terminate the API Terms by notifying Pointscene in writing prior to the effective date of such change.
      4. These API Terms form an integral part of the General Terms and Conditions for Pointscene Services. In case of discrepancies between these API Terms and the General Terms and Conditions for Pointscene Services, the provisions of these API Terms shall prevail.
      5. Pointscene and User hereinafter jointly as the Parties and each a Party.
  • 2. DEFINITIONS

API Documentation means documentation relating to Pointscene API provided to you by Pointscene.

API Tools means libraries provided by Pointscene, API Documentation and Software, collectively.

Application means a software application User develops or has developed with or in connection with the API Tools.

End User means the end user of a Customer Organization’s Application.

Personal Data means any information relating to an identified or identifiable natural person.

Software means the software provided and licensed to User by Pointscene under these API Terms, including the client libraries, scripts, software development kit(s) and other software, if any, that Pointscene provides to User as part of API Tools.

Pointscene API means an application programming interface provided to you by Pointscene pursuant to these API Terms.

User or you mean both the Customer Organization and a person using API Tools on behalf of the Customer Organization.

Capitalized terms not defined above shall have the meaning given to them in the General Terms and Conditions for Pointscene Services.

 

  • 3. PROVISION OF API TOOLS
    • 3.1. Grant of rights
        1. Subject to payment of the Service Fees set out in Section 6 of General Terms and Conditions for Pointscene Services, if applicable, and compliance with the API terms agreed herein, Pointscene grants the User a limited, revocable, non-exclusive, non-transferable and non-sublicensable right during the term of these API Terms to access and use API Tools pursuant to these API Terms and API Documentation for the sole purpose of integrating Application(s) to Pointscene API, accessing and using Pointscene API through such integrations as well as making Application(s) available to the public.
        2. The User agrees to display any attribution(s) required by Pointscene as described in the API Documentation, if any.
    • 3.2. General
        1. User shall, at its own cost and responsibility, integrate Pointscene API to the Application(s) pursuant to the API Documentation. User shall at all times comply with the latest version of Pointscene’s API reference (included in the API Documentation) in any integration, access and use of Pointscene API. User shall be solely responsible for any costs or expenses relating to integrating and using Pointscene API.
        2. Pointscene shall be entitled, in its sole discretion, to determine abuse or excessive usage of the Pointscene API as well as set and enforce limits on the use of Pointscene API (e.g. limiting the number of API requests that you may make or the number of End Users you may serve). 
        3. Pointscene will make a reasonable attempt to warn the User prior to the suspension of respective user account due to abuse or excessive usage of Pointscene API. Abuse or excessively frequent requests to Pointscene via the Pointscene API may result in the temporary or permanent suspension of your account’s access to the Pointscene API.
        4. In the event of an emergency, failure, suspected failure, loss of license or a security breach, without limiting any other rights of Pointscene hereunder, API Tools may be temporarily interrupted or suspended or permanently discontinued. 
        5. In all other cases not covered by Section 3.2.4 above, should Pointscene elect to modify or suspend API Tools due to a planned change, it will use commercially reasonable efforts to give User no less than five (5) business days’ written notice of any such modification or suspension.
        6. User shall use API Tools in compliance with these API Terms and the General Terms and Conditions for Pointscene Services. Misuse of API Tools by User may lead to termination of the API Terms or suspension or denial of access to API Tools.
        7. User agrees to provide Pointscene with access to the Application(s) and other materials related to User’s use of API Tools as reasonably requested by Pointscene in order for Pointscene to verify User’s compliance with these API Terms.
        8. User acknowledges and agrees that Pointscene has the rights under these API Terms to collect, store and use Customer Data for the purposes set forth in these API Terms.
        9. Unless separately agreed otherwise between the Parties, User is not entitled to receive, inter alia, customer support services, consultation services, integration or implementation services or software updates or upgrades. In case such services are included in Pointscene’s service offering, Pointscene shall have the right to charge the applicable fees and charges relating to these services.
  • 4. USER’s OBLIGATIONS
    1. User shall be responsible for all of its activities in relation to API Tools, including the acquisition and functionality of Applications and other equipment, systems, software and connections that it uses to integrate API Tools to its systems or uses to access and use API Tools. 
    2. User shall not, under any circumstances:
        1. sublicense, lease, redistribute or syndicate access to API Tools to a third party;
        2. circumvent or reverse engineer any features or usage restrictions and limits of API Tools;
        3. probe, scan or test the vulnerability of API Tools; 
        4. use API Tools in a manner that accesses or uses any information beyond what Pointscene allows under these API Terms or the API Documentation or that breaks or circumvents any of Pointscene’s technical, administrative, process or security measures; 
        5. use API Tools to populate any other sites, applications or services or to create a service substantially similar to Pointscene API;
        6. perform any actions that could damage, disable, disrupt, overburden or impair API Tools or its underlying services or systems;
        7. attempt to change, distort or modify API Tools or its underlying services or systems;
        8. use any data mining, robots, scraping, or similar data gathering or extraction methods, or otherwise create permanent copies of API Tools, or store cached copies longer than necessary;
        9. misrepresent the source or ownership of API Tools;
        10. mask its identity when using API Tools;
        11. transmit any viruses or malware or other computer programming that may damage or detrimentally interfere with API Tools or its underlying services or systems;
        12. interfere or attempt to interfere in any manner with the proper functioning of API Tools;
        13. access any undocumented feature of API Tools, or use any documented feature of API Tools other than for its intended purpose;
        14. make any statement regarding User’s use of API Tools, which suggest partnership with Pointscene without a written approval from Pointscene;
        15. remove, obscure, or alter any copyright, trademark, or other proprietary rights notices;
        16. distribute or allow access to API Tools to any third parties (other than End Users);
        17. use API Tools in violation of applicable law; or
        18. add, associate or link advertising, sponsorship or marketing to API Tools.
  • 5. APPLICATIONS
        1. User represents and warrants that it has obtained and will maintain all necessary rights, permissions and licenses, if any, in content, material, Customer Data and other data or code appearing, used or stored in any of the Application(s) and that the Application(s) will be in full compliance with all terms of applicable platform requirements. If User is using third party services to interact with API Tools, User shall at all times be in compliance with all agreements and other terms applicable to the use of such third-party services.
        2. User hereby grants to Pointscene a non-exclusive, royalty-free, worldwide license during the term of these API Terms to use, reproduce, display and execute the Application(s) for Pointscene’s internal review and for developing and testing of API Tools as well as for demonstrations of such API Tools, its capabilities or functionalities, to third parties. 
        3. Further, Pointscene may display in its marketing materials User Organization’s name, the name of the Application(s) and any marks or logos associated with the Application(s) for marketing and promoting purposes relating to the Application(s) and Pointscene’s products and services, unless agreed otherwise between the Parties. 
        4. User shall include in a mandatory end-user license agreement (End User License Agreement), for each of User’s Applications in an agreement between User and End User, legally enforceable provisions that are appropriate to the Application in question, that obtain all necessary rights, consents and permissions (relating to the Customer Data and otherwise) from the End Users and that comply with all applicable laws, rules and regulations. 
        5. End User License Agreement shall include: 
            1. terms, disclosures and information necessary to comply with the terms of these API Terms; and
            2. a link to these API Terms and/or to Pointscene’s website.
  • 6. CUSTOMER DATA
        1. In connection with the use of Pointscene API, User may submit Customer Data through Pointscene API to Pointscene
        2. User shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data. 
        3. Pointscene shall treat all Customer Data as confidential. Pointscene may store and use Customer Data for the purposes of providing Pointscene API to User and managing the customer relationship between Pointscene and User. Pointscene shall have the right to generate anonymous usage, statistic and other data from Customer Data and analyze the User’s use of Pointscene API (Aggregate Data) for updates and developments of Pointscene API and other services of Pointscene thereof. The intellectual property rights and title to Aggregate Data shall belong to Pointscene. For clarity, the right granted hereunder covers Pointscene’s right to use Customer Data in its entirety for the development of the API Tools and other Pointscene services, provided that any personal data included in User Data is first anonymized.
        4. User shall ensure that Customer Data does not infringe any third-party intellectual property rights or violate any applicable laws or legislation (including privacy laws). User and End Users shall not provide any illegal, offensive, threatening, libelous, defamatory, or otherwise inappropriate data to Pointscene through Pointscene API or otherwise. In case Pointscene believes, in its reasonable opinion, that any Customer Data violates these API Terms, intellectual property rights or any applicable law, Pointscene shall have the right to delete such Customer Data.
        5. Pointscene API or its underlying Pointscene services shall not be used as a storage service. User shall be solely responsible for storing appropriate backup copies of the Customer Data.
  • 7. INTELLECTUAL PROPERTY RIGHTS
        1. All right, title and any intellectual property rights to and relating to API Tools, as well as any related documentation and any copies, modifications, translations, amendments and derivatives thereof (Pointscene IPR) belong to Pointscene or its licensors.
        2. Intellectual property rights shall be understood in the broadest sense, including but not limited to any copyright, patent, trademark, design right, database protection right, and any other form of statutory protection of any kind (whether registered or unregistered) and applications for any of the foregoing respectively as well as any know-how, inventions, and trade secrets in or related to Pointscene IPR.
        3. Except as expressly stated herein, these API Terms do not grant the User any intellectual property rights in Pointscene IPR, and all rights not expressly granted hereunder are reserved by Pointscene and its licensors, as the case may be.
        4. User agrees to report to Pointscene all bugs encountered by User with API Tools. Further, User may, but is not obliged to, provide suggestions, feedback and other information to Pointscene regarding possible improvements of API Tools (bug reports, suggestions and feedback mentioned above collectively Feedback). All right, title and interest in and to all intellectual property rights in or related to the Feedback, and all parts and copies thereof, shall vest in and be the sole and exclusive property of Pointscene. 
  • 8. WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
        1. Pointscene provides the API Tools on a strict ‘as is’ basis, i.e. with the functionalities available at each time without any warranty of any kind, either expressed or implied, including but not limited to the warranties of availability, non-infringement or fitness for a particular purpose. Pointscene shall not be responsible for any errors, interruptions or disturbances in any of its foregoing services or products.
        2. Pointscene warrants that it is entitled to enter into these API Terms and grant the rights granted to User hereunder.
        3. Neither Party shall be liable for any indirect or consequential damages, including but not limited to loss of data, loss of business or loss of goodwill. This limitation of liability shall not apply to the Parties’ indemnity obligations hereunder or in cases of intentional misconduct or gross negligence or breaches of Section 7 (Intellectual Property Rights).
        4. Pointscene’s total aggregate liability under or in connection with these API Terms or the use of API Tools as well as any other of its services provided hereunder shall be limited to the payments made by User to Pointscene hereunder during a period of six (6) months immediately prior to the claim for damages.
        5. Pointscene shall not be responsible for any damage caused to User by the use of API Tools. The User shall be solely and fully responsible for any and all damages, claims and complaints by End Users and other third parties related to the use of API Tools.
        6. User agrees to defend, hold harmless and indemnify Pointscene, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claims arising from or in any way related to use, reproduction or distribution of API Tools that causes an infringement of any intellectual property, publicity or privacy right of any third parties (except and solely to the extent such infringement is directly caused by the unmodified API Tools, or portions thereof, as supplied to User by Pointscene under these API Terms), including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. User will not settle any claim, action or suit without the prior written consent of Pointscene.
  • 9. SEVERANCE
        1. If any provision of these API Terms is declared by any judicial or other competent authority to be void, illegal or otherwise unenforceable, the remaining provisions of these API Terms shall remain in full force and effect.

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