Updated Date: 02/10/2020 The following terms of service (“Terms of Service”) govern the use of the APIFUSE website (the “Site”), the APIFUSE integration application and the data connecting services accessed through the Site (“Service(s)” or “Software”), which are managed by APIFUSE, LLC. (“APIFUSE”, “us” or “we”). By using the Site and/or the Service, you agree that use is subject to these Terms of Service. If you do not agree to these Terms of Service, you or your entity (“you(r)”) may not use this Site or the Service.We expressly reserve the right to modify the Terms of Service at any time in its sole discretion by including such alteration and/or modification in these Terms of Service, along with a notice of the effective date. If a revision significantly changes your rights, we will use reasonable efforts to notify you (example, by email). Any continued use by you of the Site or the Service after the posting of such modified Terms of Service shall be deemed to indicate your agreement to such modified Terms of Service.
Your Use of the Site and Service
Terms: If you receive Services from us, its use is administered in one of two ways: If you're presented with license terms that you must accept in order to use our Software, those terms apply; if no license is presented to you, these Terms apply.
Account and Use of Service: You may use your User Account for the Service only in accordance with the Terms of Service and for lawful purposes.
Fees: Some features of the Service may only be accessed and used upon the payment of applicable fees (“Fees”).
Reverse Engineering: You agree not to reverse engineer, decompile, disassemble or attempt to determine the source code or underlying structure, ideas or algorithms of the Service or any software, documentation or data related to or provided with the Service or Software.
Account Access: In order to access and use all of the features of the Service, you will be provided a username and password “User Account”. Upon use of that User Account you agree to update the Account Information in order to ensure that it is current, and are subject to all of the terms and conditions of these Terms of Service. APIFUSE hereby grants you the personal, non-transferable right and license to use the Service, solely for your own internal business purposes, until such time as either you or APIFUSE elect to terminate the agreement.
Passwords: You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your User Account, whether or not authorized by you. You agree that APIFUSE will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password
Your Data: You will retain ownership of any data, information or material originated by you that you transmit through the Service.
Your Use of The Service to Send Communications: You acknowledge that you are responsible for and control the timing, content, and distribution of all telephonic or electronic communications made or initiated to any person or entity in connection with your use of the Service.
Termination: We may temporarily suspend or terminate your User Account and/or these Terms of Service at any time and for any reason with notice to you, without incurring liability of any kind. We may also suspend our Service to you at any time, with or without cause.
APIFUSE Content: The information, materials available on the Site and/or the Service, excluding Third Party Content, are the copyrighted works of APIFUSE, and APIFUSE expressly retains all right title and interest in the Content, including, without limitation, all intellectual property rights therein and thereto.
Monitoring of Site Content and use of Service: We reserves the right, to monitor use of the Site and/or the Service, and to investigate and take appropriate legal action against any party that uses the Site in violation of these Terms of Service or applicable law.
Copyright Infringement: As a condition of your right to use the Site and the Service, you agree to respect the intellectual property rights of others. Accordingly, you agree not to upload or post to the Site or the Service any copyrighted materials, trademarks or other proprietary information belonging to any third party without the prior written consent of the applicable third party.
Payments and Refunds
The fees applicable for the Service ("Fees") are available on the Site and/or in APIFUSE’s then-current published pricing, or may be provided via email. The price stated for the Service excludes all taxes and charges. You will pay the Fees in the currency APIFUSE quoted for your account.
Linked Websites and Services
The Site and Service contains links to (example, login screens) and integrations with third party websites and services (example, QuickBooks), and you agree that APIFUSE provides links to and integrations with such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services, and that APIFUSE does not endorse such websites or services. Your use of such websites and services will be subject to the terms applicable to each such website and service.
If you are a paying user to the Service, APIFUSE warrants to you that it will provide the Service substantially in accordance with its documentation under normal use. In the event of any breach of such warranty, your only remedy will be APIFUSE re-performance of the deficient Service or, if APIFUSE cannot re-perform such deficient Service as warranted, you may terminate your User Account. You must notify APIFUSE in writing or electronic mail of any warranty deficiency within 10 days from receipt of the deficient Service.
LIMITATION OF LIABILITY
Warranty Disclaimer: EXCEPT AS EXPRESSLY SET FORTH IMMEDIATELY ABOVE, THE SITE, SITE CONTENT AND SERVICE ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND APIFUSE MAKES NO WARRANTY THAT THE SITE, SERVICE OR SITE CONENT ARE COMPLETE, SUITABLE FOR YOUR NEEDS, OR ACCURATE, AND ON BEHALF OF ITSELF AND ITS LICENSORS, APIFUSE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, CONTENT AND SERVICE, OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND NONINFIRNGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE, SERVICE AND/OR THE SITE CONTENT RESTS WITH YOU AND APIFUSE MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITE AND OR THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SITE, SERVICE AND/OR THE SITE CONTENT WILL BE NO ERROR’S.
Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT APIFUSE SHALL NOT BE LIABILE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF APIFUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE OR (B) AMOUNTS IN THE AGGREGATE THAT EXCEED THE FEES PAID BY YOU TO APIFUSE HEREUNDER IN THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM OCCURRED.
Location of the Site
APIFUSE main business operations and offices are in the United States. In addition, other websites operated or controlled by APIFUSE may be located, at various locations in and outside of the United States. You acknowledge that you are solely responsible for any decision by you to use of this Site and/or the Service from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
These Terms of Service constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. Neither party may assign these Terms of Service without the prior written approval of the other, such approval not to be unreasonably withheld or delayed, provided that such approval shall not be required in connection with an assignment to an affiliate or to a successor to substantially all of such party’s assets or business related to these Terms of Service. These Terms of Service supersede all prior or contemporaneous discussions, proposals and agreements between you and APIFUSE relating to the subject matter hereof. No amendment, modification or waiver of any provision of these Terms of Service will be effective unless in writing and signed by an authorized representative of both parties. If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to affect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under these Terms of Service. These Terms of Service are intended to be and are solely for the benefit of APIFUSE and you and do not create any right in favor of any third party. These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without reference to its conflict of laws principles. The Uniform Computer Information Transactions Act will not apply to this Agreement. All disputes arising out of or relating to these Terms of Service will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Tampa, Florida, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.
APIFUSE may give notices applicable to APIFUSE’s general Service by means of a general notice on the website, in the logged in portal, and notices specific to you by electronic mail to your e-mail address on record in your User Account.