FrontlineCloud API Terms of Service
Last Modified: June 1, 2015
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These Terms of Service (the "Terms") govern your access to and use of Occam Technologies, Inc. ("Occam," "we," or "our") application programming interfaces and services (the "API"), so please carefully read them before using the Services.
Acceptance of Terms
This is a contract and you agree to be bound by the following API Terms of Service. By using our API Services, you acknowledge that you have read, understood, and agree to the Terms. If, at any time you do not agree to these Terms - or any future amendment to these terms - immediately stop using the Services.
If you are using the API Services on behalf of an organization, you agree to these Terms on behalf of that organization and certify (promise) that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization and any of its members, directors, and officers.
The API Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
You may only use the API Services in compliance with these Terms. You may use the API Services only if you have the power to form a contract and are not barred under any applicable laws from doing so. The API Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the API Services at any time without prior notice to you.
Description of Service
Application - Any software application, website, or product you create or service you offer using the Occam API (defined below).
API Documentation - The documentation, data and information that Occam provides regarding the use of the Occam API.
Data - means any data and content uploaded, posted, transmitted or otherwise made available by users via the Services, including messages, files, comments, profile information and anything else entered or uploaded into the Service by a user of the Service.
Occam API or "our API" - The publicly available Occam Application Programming Interface ("API") as well as the related API Documentation.
Occam Brand - The Occam brand and brand assets, including names, logos, trade names and trademarks. This explicitly includes all Frontline brand assets, names, logos, trade names and trademarks.
Occam Service(s) - Occam's real-time communication, messaging, archiving and search services and related systems and technologies, as well as the website http://www.frontlinesms.com (the "Site"), and all software, applications, data, reports, text, images, and other content made available by or on behalf of Occam through any of the foregoing. The "Service" does not include Data or any software application or service that is provided by you or a third party (including Applications), whether or not Occam designates them as "official integrations".
As long as you follow this API TOS, Occam 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 Occam APIs with your Application. Your license is subject to the limitations set forth below, and you agree that violation will automatically terminate your license to use the Occam APIs.
Use of APIs and Occam Data
The following identifies limitations on use related to the Occam API:
- Reliance on API. Occam is still evolving, and we need the flexibility to occasionally make changes to our APIs, including backwards incompatible ones. We will try to give notice of these changes. 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 behaviors.
- Applicable laws or agreements. You may not use the Occam 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 Occam's other agreements to which you are subject.
- Scope of acceptable use. You may not use the Occam API or any other technology in a manner that accesses or uses any information beyond what Occam allows under this API TOS or the Documentation; that changes the Occam Service; that breaks or circumvents any of Occam's technical, administrative, process or security measures; that disrupts or degrades the performance of the Occam Service or the Occam API; or that tests the vulnerability of Occam's systems or networks.
- 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.
- Reverse engineering. You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the Occam API or portion thereof;
- Functionality. You may not use the Occam API to replicate or compete with core products or services offered by Occam. You acknowledge and agree that Occam has or may in the future offer products or services that are similar to your Application, and nothing will prevent Occam from doing so;
- Commercial Use. You may charge for your Application. However, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the Occam API.
- Advertising. You may place advertisements on and around your Application. However, you may not: -- Place any advertisements within Occam Service channels, and your advertisements may not resemble or be reasonably likely to confuse users as being a Occam Service message; -- Use Data or any content from Occam in any advertisements or for purposes of targeting advertisements, in your Application or elsewhere; or -- Use contact information obtained from Occam (including email addresses, mobile numbers, or other identifying information) to contact Occam users outside of Occam without their express permission.
- Rate Limits. You will not attempt to exceed or circumvent limitations on access, calls and use of Occam API, or otherwise use the Occam 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.
- Use for promotion of gambling or adult content. You may not use the Occam APIs in any Application that includes adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under 21 years of age, or otherwise violates any applicable law or regulation.
- Distribution of your application. You may not distribute or allow access to the Occam 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.
Use of Occam Brand or Marks. You must not use the Occam Brand in a way that suggests your service is endorsed by, sponsored by, or associated with Occam.
Storage of Data
No Storing. You may not copy or store any Data or capture or store any information expressed by the Data (such as hashed or transferred data), except to the extent permitted by this API TOS.
Caching Data. Where Data is cached, you should refresh the cache at least every 24 hours.
Secure Storage Measures. All Data should be stored and served using strong encryption.
Delete at User Request. You must delete all Data you have collected from an Occam user upon request by that user, and when the Occam user deauthorizes your Application or closes his or her account with you. The restrictions of this Section do not apply to Data that Occam users also provide directly to you and that is separately entered or uploaded to you by the user of your Application.
Deletion at Termination. If we terminate your use of the Occam APIs for any reason, then you must permanently delete all Data and any other information that you stored pursuant to your use of the Occam 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 Occam user to delete Data stored in any Service if the Occam user is prohibited from accessing the Occam API.
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 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.
Reporting. You must promptly report any security deficiencies in, or intrusions to, your Systems to Occam in writing via email to firstname.lastname@example.org or subsequent contact information posted on the Developer Site. This includes any unauthorized access, use, disclosure or destruction of Data. You will work with Occam 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, Occam APIs or 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 Occam in each instance.
Government Access. You will not knowingly:
Allow or assist any government entities, law enforcement, or other organizations to conduct surveillance or obtain data using your access to the Occam API in order to avoid serving legal process directly on Occam. Any such use by you for law enforcement purposes is a breach of this API TOS.
Any law enforcement personnel seeking information about Occam users will be referred to Occam's User Data Request Policy, located at https://Occam.com/user-data-request-policy. 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 purposes. Exemptions to these restrictions may be requested for exigent circumstances and are subject to prior written approval from Occam.
The Occam 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 Occam 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 Occam Technologies, Inc., 1110 Vermont Ave., Suite 500, Washington, DC 20005.
As between you and us, we own all rights, title, and interest, including all intellectual property rights, in and to, the (1) Occam APIs, Documentation, and all elements and components thereof; (2) Data; (3) Occam Services; and (4) Brand Features (collectively, the "Occam Materials"). The only exception to this is Data that you as an Occam user have licensed to Occam under the Terms of Service, which governs that Data. Except for the express licenses granted in this API TOS, Occam does not grant you any right, title, or interest in the Occam Materials. You agree to take such actions as Occam may reasonably request to perfect Occam's rights to the Occam Materials.
Term and Termination
Duration of Terms. This API TOS will go into effect on the date upon which you agree to them, by accessing or using the Occam API, and will continue until terminated as set forth herein.
Your Right to Terminate. You may terminate this API TOS by discontinuing use of our APIs.
Suspension; Termination. We may change, suspend or discontinue the Occam API and suspend or terminate your use of the Occam API, the Occam Service, and/or Occam Brand at any time and for any reason, without notice. Without limiting the foregoing, we may limit your Application's access to the Occam API if it, in our sole discretion, may negatively affect our Service or our ability to provide our Service.
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 Occam 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 Data and other information that you stored pursuant to your use of the Occam APIs. Occam may request that you certify in writing your compliance with this section; and
- Occam will make commercially reasonable efforts to remove all references and links to your Application from its Services (Occam has no other obligation to delete copies of, references to, or links to your Application).
Other Important Terms.
Legal Representations. You represent and warrant to Occam that, excluding Occam 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 Occam 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.
Modification of the API TOS. We may change, add to or delete this API TOS or any portion thereof from time to time in 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 Occam API. If any change in unacceptable to you, then your only recourse is to cease all use of the Occam API. Your continued access or use of the Occam API will mean that you agree to the updates and modifications.
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 Occam APIs.
Disclaimer of Warranties; Limitation of Liability; Indemnity
NO WARRANTIES. THE OCCAM API AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND OCCAM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OCCAM DOES NOT WARRANT THAT THE OCCAM 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 OCCAM API, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM OCCAM OR THROUGH THE DEVELOPER SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API TOS.
LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL OCCAM 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, OCCAM'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnity. You agree to defend, hold harmless and indemnify Occam, 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, Occam API or Data, use of Occam 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.
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 Delaware, United States, regardless of your country of origin or where you access the Occam Service, and notwithstanding any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Occam agree that all Claims arising out of or related to this Agreement must be resolved exclusively in the courts located in Delaware. You and Occam agree to submit to the jurisdiction of the courts located within Delaware, 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 Occam shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
General Legal Terms
- 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 effect 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.
- Language. Where Occam 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 control.
- 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 Occam Service account. Occam accepts service of process by mail or courier at the physical address set forth below. Any notices that you provide without compliance with this section shall have no legal effect.
- Entire Agreement. This API TOS and any documents incorporated into this API TOS by reference, constitute the entire agreement between you and Occam regarding the Occam 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.
- 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 Occam affiliate shall be deemed legally binding on any Occam affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Occam.
- 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 Occam Service or any Occam APIs, or other material used or displayed through the Occam Service.
- 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, Occam Technologies, Inc. for any third party that assumes our rights and obligations under this API TOs.
- 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.
- How to Contact Us. If you have questions or comments about this API TOS, or wish to make use of our Occam API in any way not permitted by this API TOS, please contact us via email at email@example.com or by physical mail at:
1110 Vermont Ave., Suite 500
Washington, DC 20005