Terms of Service
Welcome to ApyHub.
These Terms of Service ("Terms") apply to the Software Utility and API network and other products and services (collectively, the “Service”) provided by ApyHub (“ApyHub B.V”, “Apy,” “our,” or “we”) via ApyHub.com.
These Terms apply to individuals and entities that seek to obtain access to Software Utilities and APIs via the Service (“Consumers”). Unless otherwise specified, “you” refers to API Consumers.
The "Effective Date" of these Terms is the date you first access the Service. ApyHub reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of ApyHub) 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 platform, 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 ApyHub. ApyHub will send these notifications at least 7 days before the date that the new terms and conditions will be applicable.
2. SERVICE & REGISTRATION
ApyHub’s platform provides a platform where software utilities are exposed as APIs and can be discovered and consumed by Consumers. The software utilities APIs are primarily built and provided by ApyHub but ApyHub reserves the right to (without any restriction) \invite developers and creators to offer their software utilities through the ApyHub platform. In both cases, all products and services offered through the ApyHub platform are hosted and managed by ApyHub. Each published utility (‘offering’) includes a description of the offering and other related terms and conditions. Consumers may use an offering or a combination of offerings as part of their subscription plan.
ApyHub grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Service subject to these Terms.
- (a) By registering to use the Service, accessing the Service or providing access to any Software Utility and Microservice API (collectively “Offering”), the via the Service, you agree and acknowledge the following:
- (i) that you have read and understand all provisions of these Terms,;
- (iii) that you agree to be legally bound by all provisions of these Terms;
- (iii) that you will not use the offering (and thereby bound by these Terms) if : (a) you are not of legal age to form a binding contract with ApyHub, or (b) you are a person barred from using or receiving the APIs under the applicable laws of the Netherlands or other countries including the country in which you are a resident or from where you are accessing the Offerings..
- (iv) If you are using the Offerings on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that you have the necessary permission and license to accept these Terms on behalf of that entity.
- (b) In order to access the Service, Consumers must register with ApyHub by completing the registration forms provided via the ApyHub.com website. As part of the registration, you agree to (a) provide accurate, current, and complete information as may be prompted by the registration forms via the ApyHub.com website ("Registration Data"), (b) maintain the security of your ApyHub account password, (c) maintain and promptly update the Registration Data, and any other information you provide to ApyHub, 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 ApyHub.
- (c) 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 ApyHub account or password. You must notify ApyHub immediately if you learn of an unauthorized use of your ApyHub account or password
For each offering, ApyHub will provide all the information required for the service to be hosted in the ApyHub platform. On top of that, a brief description of the API is there to provide enough information to the consumers. The API pricing parameters and any overage fees and any other applicable terms and conditions are all defined by ApyHub and fall under the overall ApyHub subscription plans. Consumers acknowledge and agree that ApyHub may remove any offering at ApyHub’s sole discretion.
- (a) Consumers may browse the listed offerings and subscribe to access and use offerings pursuant to one of the available ApyHub subscription plans. All the ApyHub subscription plans include access to the entire list of available offerings. The difference between the plans includes limitations to attributes such as different number of calls, calls per second, storage among others. ApyHub reserves the right to(without giving prior notice) change the way these plans are constructed, including changing the API usage limits, as well as the list of available APIs in every plan, the price points and any other subscription plan attribute.
- (b) ApyHub sets and enforces the above mentioned limitations on your use of the offerings (e.g. limiting the number of API requests that you may make per entire plan or per offering, 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 subscription plan. If you would like to use any offering beyond these limits, you must either : (i) Upgrade to another subscription plan or (ii) Obtain ApyHub's express consent (and ApyHub may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). For more information around the limitations, please write to: support@ApyHub.com
- (c) Unless otherwise expressly set forth in the ApyHub subscription plan, ApyHub subscription plans will automatically renew for additional periods equivalent in length to the initial ApyHub subscription period selected by such API Consumer. Each API Consumer may change the type of ApyHub subscription plan selected or terminate the ApyHub subscription plan according to the terms and conditions of such subscription plan.
- (a) The pricing terms for each Consumer’s access and use of Offerings are set forth in the ApyHub subscription plan selected by the Consumer. All payments must be made by credit or debit card via an authorized ApyHub payment processor.
- (b) ApyHub will charge the credit/debit card provided by API Consumer via the Service in advance and in accordance with the subscription plan selected by API Consumer. Most plans are monthly with subscriptions payable at the beginning of each month. All plans also include the option to have an annual subscription at a different (reduced) pricepoint. In the event of downgrading to a lower plan, the subscription to the current plan will remain until the end of the billing period (month). In the event of upgrading to a higher plan, then the new plan will be effective immediately and any API requests that were not consumed during the current/previous plan will be transferred to the new plan.
- (c) Each API Consumer hereby authorizes ApyHub (or its authorized payment processor) to charge the credit/debit card number provided via the Service by such API Consumer in accordance with the ApyHub subscription plan selected, and such API Consumer represents and warrants that such API Consumer is authorized to use and have fees charged to the credit/debit card number provided to ApyHub. API Consumer understands that it may withdraw such authorization by contacting ApyHub at: support@ApyHub.com.
Except as expressly authorized by these Terms, you may not (or allow those acting on your behalf to):
- (i) modify, disclose, alter, translate the Service (or any components thereof);
- (ii) sublicense an offering for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.
- (iii) disassemble, decompile, or reverse engineer the software components of the Service;
- (iv) copy, frame, or mirror any part or content of the Service;
- (v) interfere with or disrupt the integrity or performance of the Service;
- (vi) attempt to gain unauthorized access to the Service or their related systems or networks;
- (vii) remove, alter, or obscure any proprietary notices in or on the Service including copyright notices;
- (viii) introduce, store or transmit viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature to the ApyHub service.
- (ix) defame, abuse, harass, stalk, or threaten others.
- (x) interfere with or disrupt the APIs or the servers or networks providing the APIs.
- (xi) promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
- (xii) reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
- (xiii) use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems) It is understood that this clause is of the essence of these Terms and any breach of this clause would lead to a termination of these Terms.
- (xiv) remove, obscure, or alter any ApyHub terms of service or any links to or notices of those terms.
- (xv) unless otherwise specified in writing by ApyHub, ApyHub does not intend use of the APIs to create obligations under the Health Insurance Portability and Accountability Act, as amended ("HIPAA"), and makes no representations that the APIs satisfy HIPAA requirements. If you are (or become) a "covered entity" or "business associate" as defined in HIPAA, you will not use the APIs for any purpose or in any manner involving transmitting protected health information to ApyHub unless you have received prior written consent to such use from ApyHub.
- (xvi) perform load testing and/or penetration testing on ApyHub offerings.
- (xvii) cause or permit any third-party to do any of the above
- (xviii) Interfere with another user’s use of the Service.
- (a) Unless otherwise expressly indicated in these Terms, (i) all user profiles and user contact information, and (ii) 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, "ApyHub Materials") are exclusively owned by ApyHub or are used with the permission of the copyright ownerYou may not use or disclose any of the ApyHub Materials without ApyHub’s prior written consent.
- (b) When you post, link, or otherwise make available User Content to the Service, you grant ApyHub a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable 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. ApyHub reserves all rights not expressly set forth in these Terms.
- (a) ApyHub users may report content that appears on/via the Site or Service to ApyHub that he/she thinks violates these Terms by writing to us at : firstname.lastname@example.org
- (b) Upon receiving a notice to remove such content, ApyHub 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.
- (c) It is understood that the sole right to remove any infringing material or content vests exclusively with ApyHub.
If you provide suggestions or other feedback around our Service and Offerings (collectively, "Feedback"), then we (and those we allow) may use, reproduce, licence and exploit such Feedback as we see fit, without any obligation to you or restriction of any kind.
- (a) ApyHub’s name, trademarks, logos, and any other ApyHub product, service name, or slogan included in the Service are property of ApyHub and may not be copied, imitated, or used (in whole or in part) without ApyHub’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 ApyHub and may not be copied, imitated, or used (in whole or in part) without ApyHub’s prior written consent. If you wish to use our trademarks, logos, or trade name, please write to us at: email@example.com
- (b) 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 ApyHub and its licensors with such company or an endorsement or approval by such company of ApyHub or its licensors or their respective products or services.
5. SUSPENSION OR TERMINATION
- (a) You may stop using our APIs at any time with or without notice.
- (b) ApyHub reserves the right to suspend or terminate your license to access or use the whole Service or any portion of it, at any time and for any reason, without notice or any liability or other obligation to you. You must stop accessing or using the Service immediately if ApyHub suspends or terminates your license to access or use the Service. ApyHub 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. ApyHub 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.
- (c) Consumers acknowledge and agree that ApyHub may remove any API or any API Content/Terms at ApyHub’s sole discretion.
- (d) You may cancel subscriptions purchased with a credit card through the Cloudmersive website at any time through the application, upon completing the requested information. If cancelled, your subscription will remain active for the rest of the current subscription term. Cloudmersive subscriptions purchased with a credit card aren’t refundable.
- (a) Your use of the service is at your sole risk. The service is provided on an "as is" and “as available” basis. ApyHub disclaims all warranties and representations (express or implied, oral or written) with respect to these terms, the service, any of the APIs provided via the service, any API content/terms, any user content, the site (including any information and content made available via the site and the apyhub 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.
- (b) To the fullest extent permitted by applicable law, ApyHub does not warrant, and disclaims all liability for (i) the completeness, accuracy, availability, timeliness, security, or reliability of the service, any of the AIS provided via the service, any user content, the site (including any information or content made available via the site), or third-party trademarks; (ii) 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 made available via the service; iii) the deletion of, or the failure to store or transmit, any user content and other communications maintained by the service; and (iv) whether the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis
- (c) It is understood that ApyHub is only a service provider and is not responsible for the data accuracy and the actual functions/output or the end product provided by the APIs.
Unless prohibited by applicable law, you will defend and indemnify ApyHub, and its affiliates, directors, officers, employees, consultants 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:
- your misuse or your end user's misuse of the offerings;
- your violation or your end user's violation of the Terms; or
- any content or data routed into or used with the Offerings by you, those acting on your behalf, or your end users.
8. Limitation of Liability
To the fullest extent permitted by applicable law, apyhub will not be liable to you or to 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 APIs provided via the service, any API content/terms, any user content, the site (including any information and content made available via the site and apyhub 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 ApyHub has been advised of the possibility of such damages. To the extent permitted by law, the total liability of ApyHub, and its suppliers and distributors, for any claim under the terms, including for any implied warranties, is limited to the amount you paid us to use the applicable offerings (or, if we choose, to supplying you the offerings again) during the six months prior to the event giving rise to the liability. In all cases, ApyHub, and its suppliers and distributors, will not be liable for any expense, loss, or damage that is not reasonably foreseeable.
9. Dispute Settlement
Please read the following paragraphs carefully because they require you to resolve any disputes in good faith with ApyHub. It also limits your ability to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim.
- (a) In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and ApyHub agree to consult and negotiate with each other in good faith and try to reach a solution satisfactory to both parties.
- (b) If the parties are unable to reach settlement within a period of 60 days, then either of the parties, may, by notice to the other, demand mediation under the mediation rules of the Dutch Arbitration Association in Amsterdam, The Netherlands.
- (c) If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the Dutch Arbitration Association before a single arbitrator in Amsterdam, The Netherlands. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
- (d) We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation. However, the parties are not required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.
- (e) Except as otherwise required under applicable law, the parties agree: (a) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (b) not to assert class action or representative action claims against the other in arbitration or otherwise; and (c) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.
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 expressed 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 ApyHub. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. ApyHub 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 ApyHub 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 ApyHub 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 by mailing at support@ApyHub.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.
ApyHub 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 ApyHub, 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 us at firstname.lastname@example.org
These Terms are effective as of 19 March 2022.
ApyHub is located in The Netherlands.