The following terms and conditions incorporate a legal agreement between you (“You”) and apilayer Data Products GmbH (“apilayer”, “userstack”) and set forth the terms and conditions by which apilayer will make the userstack API service available in order to electronically provide You with use of and access to userstack Data & Services.
For the purposes of this Agreement, “userstack API Services” shall consist of:
By accessing or otherwise using the userstack API, You acknowledge that You:
www.userstack.com is a site operated by apilayer, an Austrian technology company registered in Vienna, Austria at the following location:
apilayer hereby grants to You a non-transferable, non-exclusive, revocable, and limited license for the term of this Agreement to access the userstack API and use userstack API Data & Services strictly for the limited purposes, and under the terms and conditions, as are set forth in this Agreement.
Subject to Your compliance with the terms of this Agreement, You are hereby permitted to receive, process, and display userstack API Data & Services to individual end-users of your application(s), provided
For clarity, and without limiting the forgoing, You are permitted solely to use userstack API Data & Services for reference by Your end users. Except as expressly provided herein, under no circumstances whatsoever may You transfer or permit the transfer of userstack API Data & Services outside of your application(s).
You shall not:
While usage of the userstack API is not subject to Your end users being made aware by You that apilayer is supplying the functionality you are making use of in your application(s), Your inclusion of a clickable hyperlink to the userstack API website at https://userstack.com would be highly appreciated.
You shall use Your best efforts and take all necessary steps to safeguard userstack API Data & Services to ensure that no unauthorized reproduction, publication, disclosure, modification, distribution, or other use of any userstack API Data & Services is made in whole or in part. To the extent that You become aware of any such unauthorized use of userstack API Data & Services, You shall immediately notify apilayer by emailing “[email protected]”.
In the event that You or any end users use userstack API Data & Services or the userstack API in violation of this Agreement, as applicable, apilayer shall have the option of electing liquidated damages.
Subject to the terms herein, apilayer will provide You with access to userstack API Data & Services over the Internet through the userstack API. All calls to the userstack API must reference the credentials issued to You by apilayer. You may not disclose Your credentials to any other party. You are solely responsible for ensuring the secrecy and security of Your credentials and will be responsible for all activities that occur using such credentials. You shall not use the userstack API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.
The extent of Your usage of the userstack API is dependent on Your subscription plan. You shall not exceed the usage limits associated with Your account. Unused amounts of call usage will not be carried over from one monthly period to the next. If You exceed Your monthly usage limit, the userstack API will return an error message stating that Your monthly usage limit has been reached and no further API calls can be made within the current monthly term. It is Your sole responsibility to ensure that your application(s) properly detect and handle any returned error messages. apilayer will make reasonable efforts to help You identify and resolve usage problems, or to review the suitability of Your current subscription plan for Your needs. apilayer reserves the right to limit or throttle the number of network calls available to Your application(s) if apilayer (in its sole discretion) believes that such calls are being made for malicious reasons, or as the result of a technical error.
You shall be solely responsible for acquiring, providing, and maintaining all software/hardware and Internet Services required to access the userstack API, including but not limited to telecommunication and internet connections, ISP, web browsers, and/or other equipment and software required to access and use the userstack API.
You hereby acknowledge that from time to time, the userstack API may be inaccessible or inoperable for any reason, including, without limitation:
If the userstack API is unavailable to all userstack API customers for more than three consecutive hours in any one calendar day, beginning at 12:00:01 AM London time (GMT + 01:00) and ending at 11:59:59 PM London time (GMT + 01:00) of the same day, an outage will be deemed to have occurred. If there are more than three outages within any one calendar week, beginning at 12:00:01 AM London time (GMT + 01:00) on a Monday and ending at 11:59:59 PM London time (GMT + 01:00) on a Sunday, then You may terminate this Agreement, without liability, by providing written notice to apilayer of Your intention to do so within one calendar week of the third outage. Upon such termination being accepted by apilayer, You shall be entitled to a refund equal to the amount You have paid for the latest term.
You acknowledge that apilayer may from time to time, and in its sole discretion, update or change the content or format of userstack API Data or the userstack API. apilayer shall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since apilayer strives to accurately reflect these and adjust to these changes, significant advance notice is not always possible. You may be required to use the most recent version of the userstack API in order to ensure functionality of Your application(s) with userstack API Data & Services.
Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Each Subscriber agrees that userstack (apilayer) may include such Subscriber’s name and trademarks in a list of userstack (apilayer) Subscribers, online or in promotional materials. Each Subscriber also agrees that userstack (apilayer) may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this section by contacting userstack.com Support.
"userstack", "userstack.com", the userstack logo and other identifying marks of userstack are and shall remain the trademarks and trade names and exclusive property of apilayer, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners.
Use of userstack API Data & Services and the userstack API is licensed, and not sold.
You acknowledge that apilayer owns all right, title, and interest (including but not limited to all copyright rights therein) in and to the userstack API Data & Services or the userstack API, and that You shall not take any action inconsistent with such ownership. Nothing contained in this Agreement shall be construed as granting You or any end users any ownership rights in or to any userstack API Data & Services or the userstack API.
apilayer reserves the right at any time to terminate this Agreement, or withdraw from distributing userstack API Data & Services or providing access to the userstack API, if for any reason it no longer retains the right to publish or distribute the userstack API Data & Services.
The userstack API is provided by apilayer in good faith and although apilayer endeavours to ensure that userstack API Data & Services and the userstack API are accurate and obtained from sources believed to be reliable, apilayer does not guarantee or warrant:
The userstack API and userstack API Data & Services are provided “as is” and “as available”, without any warranty of any kind and apilayer, its affiliates, agents and/or suppliers, officers, directors, and employees expressly disclaim any and all warranties, whether expressed or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of third parties. In no event shall apilayer be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In no event shall apilayer, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the userstack API, be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In the event the limitations and disclaimers contained in this Article are found by a court of competent jurisdiction to be ineffective or inapplicable, the parties agree that apilayer’s maximum aggregate liability to You and all end users, whether arising in contract, tort, strict liability, or otherwise, shall be limited, and in no event shall it exceed, the amount of fees paid by You for the current term.
You acknowledge that apilayer is not, and is not affiliated with, a financial institution or financial data feed provider, but obtains its financial data from a variety of sources. You further acknowledge that financial data often differs between financial institutions and between geographic jurisdictions and accordingly may vary from that provided by apilayer pursuant to this agreement. Although apilayer has used its commercially reasonable efforts to obtain the most accurate and timely financial data available from the aforementioned sources, apilayer makes no representations or warranties as to accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing or completeness of the userstack API Data or the userstack API. You acknowledge that no part of userstack API Data constitutes advice regarding financial, investment, legal, or tax issues, and that You and all end users should seek independent professional advice before making any decisions regarding such issues.
apilayer does not represent or warrant that the userstack API, or access to the userstack API, will be uninterrupted or error-free or that errors in the userstack API and/or userstack API Data & Services will be corrected.
In no event shall apilayer, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the userstack API be liable to You or to any end users in any manner whatsoever for any interruptions, delays, the unavailability or inoperability, inaccuracies, errors, or omissions, regardless of cause, in the userstack API and/or the userstack API Data & Services or for any losses, damages, liabilities or expenses resulting therefrom regardless of cause, even if apilayer knew or should have known of the possibility of or could have prevented such damages.
You shall indemnify, defend, and save harmless apilayer, its affiliates and subsidiaries, and their officers, directors, employees and agents from any loss, damage, liability or expense (including reasonable attorneys’ fees, accountants’ fees and other legal expenses) to which any of them may become subject to and which are in any way related to or which have arisen under or in connection with:
These Terms of Service incorporate by reference all notices and disclaimers contained in the Services constitute the entire agreement between you and userstack with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms of Service supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and userstack relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and userstack.
If any provision of these Terms of Service is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms of Service shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. userstack's failure to insist upon, or enforce, strict performance of any right or provision of these Terms of Service shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms of Service.
If you are a consumer, please note that these Terms of Service, its subject matter and its formation, are governed by Austrian law. You and we both agree to that the courts of Austria will have non-exclusive jurisdiction. If you are a business, these Terms of Service, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Austrian law. We both agree to the exclusive jurisdiction of the courts of Austria.
Should you have any questions, complaints, or comments about these Terms of Service, this service, or website, or require further clarification of any kind, please do not hesitate to contact us.