API Terms
BoviSync API Terms of Service
Published: May 20, 2018
1. Acceptance of Terms
This BoviSync API Terms of Service document (“API TOS”) is an agreement you must accept in order to use the BoviSync API. It describes both your rights and obligations in connection with use of the API.
By accepting this API TOS or by accessing or using the BoviSync API, you agree to be bound by it, including the Privacy Policy and general Terms of Service for Users and Customers, which are incorporated by reference.
If you are entering into this API TOS on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not have that authority or do not agree to these terms, you may not use the API.
2. API Key Definitions
- Application – Any software application, website, or product you create or service you offer using the BoviSync API.
- API Documentation – The documentation, data, and information BoviSync provides regarding use of the API through the Developer Site.
- Data – Any data and content uploaded, posted, transmitted, or otherwise made available by users via the Services.
- Developer Site – BoviSync’s Developer Site.
- BoviSync API – The publicly available BoviSync Application Programming Interface and related documentation.
- BoviSync Brand – BoviSync brand assets, including names, logos, trade names, and trademarks.
- BoviSync Services – BoviSync’s systems, technologies, website, software, applications, data, reports, text, images, and other content made available by or on behalf of BoviSync.
3. API License
As long as you comply with this API TOS, BoviSync grants you a limited, non-exclusive, non-assignable, non-transferable license to use the APIs to develop, test, and support software applications, websites, or products, and to integrate the APIs with your Application.
Your license is subject to the limitations in this agreement, and violation of those limitations may automatically terminate your right to use the APIs.
4. Use of APIs and BoviSync Data
The following limitations apply to use of the BoviSync API:
- Reliance on API. BoviSync may change its APIs, including backwards-incompatible changes. Undocumented methods, events, and properties may change at any time and should not be relied upon.
- Applicable laws or agreements. You may not use the API in violation of any law, regulation, or third-party rights, or in a manner inconsistent with this API TOS or other BoviSync agreements.
- Scope of acceptable use. You may not use the API in a way that accesses information beyond what BoviSync permits, changes the Service, bypasses security measures, degrades performance, or tests vulnerabilities.
- You may not transmit viruses or other harmful code.
- Reverse engineering. You may not reverse engineer or attempt to derive source code, trade secrets, or know-how from the API.
- You may not use the API to replicate or compete with core BoviSync products or services.
- Commercial use. You may charge for your own Application, but you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the BoviSync API.
- Advertising restrictions. You may place advertisements around your Application, but not within BoviSync Service channels, not in a way that implies a BoviSync message, and not using BoviSync data for ad targeting.
- You may not use contact information obtained from BoviSync, including email addresses, to contact users outside BoviSync without express permission.
- Rate limits. You may not exceed or circumvent limitations on access, calls, or use, or otherwise engage in excessive or abusive usage.
- Restricted content. You may not use the APIs in Applications involving adult content, gambling promotion, unlawful activity, or unlawful sale of restricted products.
- Distribution. You may not distribute or allow access to the APIs to anyone other than the company on whose behalf you entered into this API TOS, unless otherwise permitted.
5. Use of BoviSync Brand or Marks
You must not use the BoviSync Brand in any way that suggests endorsement, sponsorship, or association by BoviSync. You must also comply with any applicable brand guidelines provided by BoviSync.
6. Storage of Data
- Caching Data. Where data is cached, it should be refreshed at least every 24 hours.
- Secure storage measures. All data should be stored and served using strong encryption. You must store content in a way that allows identification, segregation, and selective deletion.
- No third-party access. Content must not be stored in a repository that enables access by third parties other than the customer or member to which it relates.
- No other storing. You may not copy or store data, or capture/store derived information, except as expressly permitted by this API TOS.
7. Your User Agreement and Privacy Policy
If you offer your Application for use by others outside your organization, you must maintain a user agreement and privacy policy that are prominently available where users download or access your Application.
Your privacy policy must meet applicable legal standards, accurately describe data practices, and be at least as stringent and user-friendly as BoviSync’s. You must promptly notify BoviSync of any breaches that impact or may impact BoviSync users.
8. Security Measures
- Your systems must be properly configured to securely operate your Application and store Data. Your Application must use reasonable security measures to protect user information.
- You must promptly report any security deficiencies or intrusions involving your systems, the Application, the APIs, or Data to BoviSync in writing.
- You must work with BoviSync to immediately correct any security deficiency and disconnect any intrusion or intruder.
- You may not make public statements regarding any such deficiency or intrusion without prior written permission from BoviSync.
9. Government Access
You may not knowingly allow or assist government entities, law enforcement, or others to conduct surveillance or obtain data through your access to the BoviSync API in order to avoid serving legal process directly on BoviSync.
You may not make data or an Application available to any person or entity you reasonably believe will use it to violate human rights. You also may not conduct analyses or research that isolate small groups or individuals for unlawful or discriminatory purposes without prior written approval.
10. Government Use
The BoviSync APIs are commercial items and use by government entities is prohibited except as expressly permitted by this API TOS and applicable federal regulations.
11. Ownership
As between you and BoviSync, BoviSync owns all rights, title, and interest in the APIs, documentation, services, brand features, and related materials, except for Data you have licensed to BoviSync under other applicable terms.
Except for the express licenses granted in this API TOS, BoviSync does not grant you any right, title, or interest in BoviSync materials.
12. Term and Termination
- Duration. This API TOS takes effect when you agree to it by accessing or using the API and continues until terminated.
- Costs and fees. BoviSync reserves the right to charge for the APIs. You are not obligated to continue use if fees are imposed.
- Your right to terminate. You may terminate by discontinuing use of the APIs and BoviSync Service.
- Suspension or termination. BoviSync may change, suspend, or discontinue the API or terminate your access at any time and for any reason, without notice.
- Effect of termination. Upon termination, all rights and licenses end immediately, documentation and BoviSync information must be destroyed, and stored data must be permanently deleted unless otherwise agreed in writing.
- BoviSync may request written certification of compliance with deletion requirements.
- Certain sections of the API TOS survive termination, including provisions relating to API use restrictions, privacy, security, ownership, warranties, liability, and dispute resolution.
13. Other Important Terms
- Legal representations. You represent that, excluding BoviSync materials, you have the right to use, reproduce, transmit, copy, display, perform, and distribute your Application, and that its use will not violate any third-party rights or laws.
- Modification of the API TOS. BoviSync may change these terms from time to time and may provide notice of material changes. If changes are unacceptable to you, your only recourse is to stop using the API.
- Other applicable agreements. You and your Application must also comply with BoviSync’s Terms of Service for Users and Customers and Privacy Policy. If there is a conflict, this API TOS controls API use.
14. Disclaimer of Warranties; Limitation of Liability; Indemnity
NO WARRANTIES. THE BOVISYNC API AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL BOVISYNC BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, OR AMOUNTS EXCEEDING THE APPLICABLE LIMIT STATED IN THIS API TOS.
INDEMNITY. You agree to defend, indemnify, and hold harmless BoviSync and its affiliates, officers, agents, employees, and suppliers from third-party claims arising from your use of the Application, the API, Data, BoviSync Brand, or violation of this API TOS.
15. Dispute Resolution
This API TOS and any related claim are governed by the laws of the state of Missouri, United States, without regard to conflict of law principles.
All claims arising out of or related to this agreement must be resolved exclusively in the courts located in the City of St. Louis, Missouri. BoviSync may still seek injunctive or urgent equitable relief in any jurisdiction where appropriate.
16. General Legal Terms
- If any provision of this API TOS is found illegal, void, or unenforceable, it will be modified or severed as necessary, and the remaining provisions will remain in effect.
- If BoviSync provides a translation of the English version of this API TOS, the English version controls.
- BoviSync may provide notice through the Developer Site or the email address associated with your Application or account.
- This API TOS, together with incorporated documents, constitutes the entire agreement regarding the APIs and supersedes prior agreements and understandings.
- BoviSync’s failure to act on a breach does not waive its right to act on later breaches.
- You may not seek rescission, injunctive relief, or similar equitable relief to restrain the operation of the Developer Site, Service, or APIs.
- You may not assign or delegate rights or obligations under this API TOS. BoviSync may assign or delegate them without notice.
- You may have additional rights or obligations under local law if you are located outside the United States.
- How to Contact Us: If you have questions or comments about this API TOS, contact [email protected].
