/XURRENT
API Terms of Service
Updated March 1, 2018
We welcome all developers to use our 4me API and source code to create applications on the 4me ecosystem. In order to ensure consistency, reliability and security across the 4me ecosystem all third-party client apps must comply with the following 4me API Terms of Service.
1. Acceptance of Terms
This 4me API Terms of Service document (the “API TOS”) is an agreement you must accept in order to use the 4me API (as described below). This document describes both your rights and your obligations as part of using the 4me API. It is important that you read it carefully because you will be legally bound to these terms.
4me, Inc. (“4me”, “we”, “us”, “our”) only provides the 4me API to you subject to this API TOS. By accepting this API TOS or by accessing or using the 4me API, you agree to be bound by this 4me API TOS — including the Privacy Policy, Brand Guidelines, and general Terms of Service, which are incorporated here by reference.
If you are entering into this API TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this API TOS. In that case, the terms “you” or “your” shall also refer to such entity. If you do not have such authority, or if you do not agree with this API TOS, you may not use the 4me API. You acknowledge that this API TOS is a contract between you and 4me, even though it is electronic and is not physically signed by you and 4me, and that it governs your use of the 4me API.
2. Definitions
2.1. “Application” – Any software application, website, or product you create or service you offer using the 4me API (defined below).
2.2. “API Documentation” – The documentation, data and information that 4me provides regarding the use of the 4me API through the Developer Site.
2.3. “Customer Data” – means data provided by or on behalf of Customer or Customer’s Users via the 4me Services. This includes any data and content uploaded, posted, transmitted or otherwise made available by users via the 4me Services, including management data, notes, files, audit trails, system logs, profile information and anything else entered or uploaded into the 4me Services by a user of the 4me Services.
2.4. “Developer Site” – 4me’s Developer site found at https://developer.4me.com/
2.5. “4me API” or “our API” – The publicly available 4me Application Programming Interface (“API”) as well as the related API Documentation.
2.6. “4me Brand” – The 4me brand and brand assets, including names, logos, trade names and trademarks.
2.7. “4me Services” – 4me’s service management, real-time, import/export and search services and related systems and technologies, as well as the website https://www.xurrent.com (the “Site”), and all software, applications, data, reports, text, images, and other content made available by or on behalf of 4me through any of the foregoing. The “Service” does not include Customer Data or any software application or service that is provided by you or a third party (including Applications), whether or not 4me designates them as “official integrations”.
3. API License
As long as you follow this API TOS, 4me grants you a limited, non-exclusive, non-assignable, non-transferable license to use the APIs to develop, test, and support any software application, website, or product, and to integrate the 4me APIs with your Application. Your license is subject to the limitations set forth in Sections 4 and 9 below, and you agree that violation of Section 4 will automatically terminate your license to use the 4me APIs.
4. Use of 4me API and Customer Data
The following identifies limitations on use in relation to the 4me API:
4.1. Reliance on API. The 4me API is evolving, and we need the flexibility to occasionally make changes to our APIs, including those that may be backward incompatible. We will provide reasonable notice of these changes to customers via email updates which will be sent to customers from time to time. You should follow the 4me API Change Log. Also, parts of our API are undocumented, including certain methods, events, and properties. Given that these undocumented aspects of our API may change at any time, you should not rely on these behaviours.
4.2. Applicable laws or agreements. You may not use the 4me API in violation of any law or regulation, or rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with this API TOS or 4me’s other agreements to which you are subject.
4.3. Scope of acceptable use. You may not use the 4me API or any other technology in a manner that accesses or uses any information beyond what 4me allows under this API TOS or the Documentation; that changes the 4me Service; that breaks or circumvents any of 4me’s technical, administrative, process or security measures; that disrupts or degrades the performance of the 4me Service or the 4me API; or that tests the vulnerability of 4me’s systems or networks.
4.4. Malware. You may not transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data.
4.5. Reverse engineering. You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the 4me API or part thereof.
4.6. Functionality. You may not use the 4me API to replicate or compete with core products or services offered by 4me. You acknowledge and agree that 4me has or may in the future offer products or services that are similar to your Application, and nothing will prevent 4me from doing so.
4.7. Commercial Use. You may charge for your Application. However, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the 4me API.
4.8. Privacy. You may not use any contact or profile information obtained from 4me (including email addresses) to contact 4me users outside of 4me without their express permission.
4.9. Rate Limits. You will not attempt to exceed or circumvent limitations on access, calls and use of the 4me API, or otherwise use the 4me API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply, or is inconsistent with any part of this API TOS or the Documentation. See 4me API Rate Limits.
4.11. Distribution of your application. You may not distribute or allow access to the 4me APIs to anyone other than, if applicable, the company on whose behalf you entered into this API TOS. Anyone who wants to access our APIs must agree to be bound by this API TOS.
5. Use of 4me Brand or Marks.
You must not use the 4me Brand in a way that suggests your service is endorsed by, sponsored by, or associated with 4me, and you must abide by 4me’s Brand Guidelines available at https://www.xurrent.com/brand-guidelines.
6. Storage of Customer Data
6.1. Secure Storage Measures. All Customer Data should be stored and served using strong encryption.
6.2. Delete at User Request. You must delete all Customer Data you have collected from a 4me user upon request by that user, and when the 4me user revokes authorization of your Application or closes his or her account with you. Similarly, when an account stops using your Application, you should delete all Customer Data obtained from that account. The restrictions of this Section do not apply to Customer Data that 4me users also provide directly to you and that is separately entered or uploaded to you by the user of your Application.
6.3. Deletion at Termination. If we terminate your use of the 4me APIs for any reason, then you must permanently delete all Customer Data and any other information that you stored pursuant to your use of the 4me APIs, except when doing so would cause you to violate any law or obligation imposed by a governmental authority. This provision does not require a 4me user to delete Customer Data stored in 4me if the 4me user is prohibited from accessing the 4me API.
6.4. No Other Storing. You may not copy or store any Customer Data or capture or store any information expressed by the Customer Data (such as hashed or transferred data), except to the extent 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 for your Application, which is prominently identified or located where users download or access your Application. Your privacy policy must meet applicable legal standards and accurately describe the collection, use, storage and sharing of data. You must promptly notify us of any breaches of your user agreement or privacy policy that impact or may impact 4me users. Your privacy policy must be at least as stringent and user-friendly as ours.
8. Security Measures
8.1. Protections. The network, operating system and software of your web servers, databases, and computer systems (collectively, “Your Systems”) must be properly configured to securely operate your Application and store Customer Data. Your Application must use reasonable security measures to protect your users’ information. You must not architect or select Your Systems in a manner to avoid the foregoing obligation.
8.2. Reporting. You must promptly report any security deficiencies in, or intrusions to, your Systems to 4me in writing via email to [email protected]. This includes any unauthorized access, use, disclosure or destruction of Customer Data. You will work with 4me to immediately correct any security deficiency, and, will immediately disconnect any intrusions or intruder. In the event of any security deficiency or intrusion involving the Application, 4me APIs or Customer Data, you will make no public statements regarding such deficiencies or intrusions (e.g. press, blogs, social media, bulletin boards, etc.) without prior written and express permission from 4me in each instance.
9. Confidentiality
9.1. You may access and use the 4me APIs only in connection with the API Key that 4me has provisioned for you and you shall keep the API Key confidential at all times.
9.2. You will not disclose Confidential Information without 4me’s prior written consent. “Confidential Information” includes without limitation: (a) the API Key, the 4me APIs, 4me Customer Data, the API Documentation and any other software, technology, programming, specifications, materials, guidelines and documentation provided by or made accessible to you by 4me; (b) any information about the 4me Services, including, without limitation, the Price List and payments made to 4me (or third parties) pursuant to this API TOS; (c) trade secrets, cost or other unpublished financial information, the identity of strategic partners, or proprietary information of 4me, or about the 4me Services and/or the 4me APIs; and (d) any other information designated in writing by 4me as “Confidential”, or an equivalent designation, or provided under circumstances indicating that the information ought to be treated as, confidential, in whatever form disclosed. You shall use such Confidential Information solely in connection with the performance of your rights and obligations under this API TOS and will not disclose such information outside your organization and will disclose such information only to your employees and contractors with a need to know for the purpose allowed hereunder and who are bound by obligations of confidentiality consistent with the terms of this Section 9. You will be liable for any breach of these obligations by your employees or contractors. In the event that you are legally compelled (by deposition, interrogatory, request for documents, subpoena, civil investigative demand or other regulatory or legal process) to disclose any Confidential Information, then you will provide 4me with prompt prior written notice so that 4me may seek a protective order or other appropriate remedy, and you shall reasonably cooperate with 4me’s efforts to obtain such relief. Upon the termination of this API TOS you will cease use of any Confidential Information and deliver to 4me or destroy (with certification made to 4me of such destruction) all Confidential Information in whatever form, without retaining any copy.
9.3. Without limitation, you may have access to third party data in connection with your Application. Your access to provider, end user and other third party data will be subject to the third party providing permission and your use must be in strict accordance with any permission granted and the terms and conditions placed on such data and applicable laws and you will collect, use, process and store any such information pursuant to the terms of Sections 6, 7 and 8 of this API TOS.
10. Government Access
You will not knowingly:
10.1. Allow or assist any government entities, law enforcement, or other organizations to conduct surveillance or obtain data using your access to the 4me API in order to avoid serving legal process directly on 4me. Any such use by you for law enforcement purposes is a breach of this API TOS.
10.2. Display, distribute or otherwise make available Customer Data or any Application to any person or entity that you reasonably believe will use Customer Data to violate the Universal Declaration of Human Rights, including, without limitation, Articles 12, 18, or 19. You will not conduct, and your Application will not provide, analyses or research that isolates a small group of individuals or any single individual for any unlawful or discriminatory purpose. Exemptions to these restrictions may be available for emergency and exigent circumstances, where a user has provided consent or where other legal or regulatory standards apply, and are subject to prior written approval from 4me, Inc.
11. Government Use
The 4me APIs are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Any use, modification, derivative, reproduction, release, performance, display, disclosure or distribution of the 4me API by any government entity is prohibited, except as expressly permitted by the terms of this API TOS. Additionally, any use by U.S. government entities must be in accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4. The contractor/manufacturer is 4me, Inc., 555 Bryant Street #156; Palo Alto, CA 94301, U.S.A.
12. Ownership
As between you and us, we own all rights, title, and interest, including all intellectual property rights, in and to, the (i) 4me APIs, Documentation, and all elements and components thereof; (ii) 4me Services; (iii) Customer Data; and (iv) Brand Features (collectively, the “4me Materials”). The only exception to this is Customer Data that you as a 4me user have licensed to 4me under the Terms of Use, which governs that Customer Data. Except for the express licenses granted in this API TOS, 4me does not grant you any right, title, or interest in the 4me Materials. You agree to take such actions as 4me may reasonably request to perfect 4me’s rights to the 4me Materials.
Except to the extent your Application contains any 4me technology and Customer Data, 4me claims no ownership of your Application.
13. Term and Termination
13.1. Duration of Terms. This API TOS will go into effect on the date upon which you agree to them, by accessing or using the 4me API, and will continue until terminated as set forth herein.
13.2. Your Right to Terminate. You may terminate this API TOS by discontinuing use of our APIs.
13.3. Suspension; Termination. We may change, suspend or discontinue the 4me API and suspend or terminate your use of the 4me API, the 4me Services, and/or 4me Brand at any time and for any reason, without notice. Without limiting the foregoing, we may limit your Application’s access to the 4me API if it, in our sole discretion, may negatively affect our Service or our ability to provide our Service.
13.4. Effect of Termination. Upon termination of this API TOS:
- All rights and licenses granted to you will terminate immediately;
- You will promptly destroy Documentation and any other 4me information in your possession or control that was received under this API TOS;
- Unless we agree otherwise in writing or as stated in this API TOS, you must permanently delete all Customer Data and other information that you stored pursuant to your use of the 4me APIs. 4me may request that you certify in writing your compliance with this section; and
- 4me will make commercially reasonable efforts to remove all references and links to your Application from its Services (4me has no other obligation to delete copies of, references to, or links to your Application).
13.5. Survival after termination. The following sections of this API TOS shall survive any termination, Sections 4 (“Use of the APIs and Customer Data”), 5 (“Use of 4me Brand or Marks”), 6.4 (“Delete at User Request”), 6.5 (“Deletion at Termination”), 7 (“Your User Agreement and Privacy Policy”), 8 (“Security Measures”), 9 (“Confidentiality”), 12 (“Ownership”), 13 (“Term and Termination”), 14 (“Other Important Terms”), 15 (“Disclaimer of Warranties; Limitation of Liability; Indemnity”), 16 (“Dispute Resolution”) and 17 (“General Legal Terms”).
14 Other Important Terms
14.1. Legal Representations. You represent and warrant to 4me that, excluding 4me Materials, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your Application, and that use of your Application by 4me and its users will not violate the rights of any third party (e.g. copyright, patent, trademark, privacy, publicity or other proprietary right of any person or entity), or any applicable regulation or law, including the Digital Millennium Copyright Act, the laws of any country in which your Application is made available and any applicable export laws.
14.2. Modification of the API TOS. We may change, add to or delete this API TOS or any part thereof from time to time at our sole discretion. If we make a material change to this API TOS, we will provide you with reasonable notice prior to the changes, either by emailing the email address associated with your account, or by posting a notice on the Developer Site. You acknowledge that these updates and modifications may adversely impact how you access, use, and communicate with the 4me API. If any change is unacceptable to you, then your only recourse is to cease all use of the 4me API. Your continued access or use of the 4me API will mean that you agree to the updates and modifications.
14.3. Other Applicable Agreements. You and your Application must also comply with the following, which are hereby incorporated by reference:
In the event of any conflict between the content in this document and the above documents, this document controls your use of the 4me APIs.
15 Disclaimer of Warranties; Limitation of Liability; Indemnity
15.1. NO WARRANTIES. THE 4me API AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND 4me EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT 4me DOES NOT WARRANT THAT THE 4me API WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE 4me API, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM 4me OR THROUGH THE DEVELOPER SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API TOS.
15.2. LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL 4me BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, FIVE HUNDRED ($500) U.S. DOLLARS, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, 4me’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
15.3. Indemnity. You agree to defend, hold harmless and indemnify 4me, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users’ use of the Application, 4me API or Customer Data, use of 4me Brand, or violation of this API TOS, 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. In such a case, we will provide you with written notice of such claim, suit, or action.
- Dispute Resolution
This API TOS and any claim, cause of action or dispute (“Claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California, United States, regardless of your country of origin or where you access the 4me Service, and notwithstanding any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and 4me agree that all Claims arising out of or related to this Agreement must be resolved exclusively in the courts located in the county of San Francisco, California or the U.S. District Court for the Northern District of California. You and 4me agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts for the purpose of litigating all such Claims. Notwithstanding the above, you agree that 4me shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- General Legal Terms
17.1. Severability. If any provision of this API TOS is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to affect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of this API TOS will not be affected in any way.
17.2. Language. Where 4me has provided you with a translation of the English language version of this API TOS or any document referenced in this API TOS, you agree that the translation is provided for your convenience only and that the English language versions of any such document, will take precedence
17.3. Notice and Service of Process. We may notify you via postings on the Developer Site or via the email address associated with your Application or 4me Service account. 4me accepts service of process by mail or courier at the physical address set forth in Section 17.9 below. Any notices that you provide without compliance with this section shall have no legal effect.
17.4. Entire Agreement. This API TOS and any documents incorporated into this API TOS by reference, constitute the entire agreement between you and 4me regarding the 4me APIs and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this API TOS.
17.5. No Informal Waivers, Agreements, or Representations. Our failure to act with respect to a breach of this API TOS by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers or other acts or omissions by any 4me affiliate shall be deemed legally binding on any 4me affiliate, unless documented in a physically signed document by a duly appointed officer of 4me.
17.6. Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Developer Site or 4me Services or any 4me APIs, or other material used or displayed through the 4me Developer Site or 4me Services.
17.7. Assignment and Delegation. You may not assign or delegate any rights or obligations under this API TOS, including in connection with a change of control. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this API TOS, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, 4me Technologies, Inc. for any third party that assumes our rights and obligations under this API TOS.
17.8. Potential Other Rights and Obligations. You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
17.9. How to Contact Us. If you have questions or comments about this API TOS, or wish to make use of the 4me API in any way not permitted by this API TOS, then contact 4me by emailing [email protected] or by regular mail addressed to:
4me, Inc.
Attn: Data Protection Officer
555 Bryant Street #156
Palo Alto, CA 94301, U.S.A.