Last Revised August 8, 2020
We encourage developers to make use of the DashKite application programming interfaces and the related data, code, and other materials provided by DashKite with the API (the “DashKite APIs”). Collectively, we refer to the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the "Terms." By using the DashKite APIs, you agree to the Terms with DashKite, Inc. (“DashKite”).
Accepting the Terms
You may not use the DashKite APIs and may not accept the Terms if: (a) you are not of legal age to form a binding contract with DashKite, and/or (b) you are a person barred from using or receiving the DashKite APIs under the applicable laws of the United States or other countries, including the country in which you are resident, or from which you use the DashKite APIs.
If you are accepting the Terms on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to the Terms; (ii) you have read and understand these Terms; and (iii) you agree, on behalf of the party that you represent, to the Terms. If you don’t have the legal authority to bind your employer or the applicable entity, please do not use the DashKite APIs.
In order to access the DashKite APIs, you may be required to provide identification information (eg. contact details). This information must be up to date and accurate at all times.
Your Use of DashKite APIs
Subject to the terms and conditions of these Terms, DashKite grants You a worldwide, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the DashKite APIs in accordance with the terms and conditions set forth herein. All rights not expressly granted to you are reserved by DashKite.
You agree that you will ensure that your customers comply with all associated terms and conditions of these Terms.
DashKite customer-generated photos, text and videos (“Customer Content") are owned by the users and not by DashKite. Subject to the terms and conditions of these Terms, DashKite grants You a non-exclusive, non-transferable, non-sublicensable, and revocable license to copy and display the Customer Content using the DashKite API through your application, website, or service to end users. You may not modify the Customer Content except to format it for such display. You will comply with any requirements or restrictions imposed on usage of Customer Content by their respective owners, which may include "all rights reserved" notices, Creative Commons licenses, or other terms and conditions that may be agreed upon between you and the owners.
Compliance with Law
You will comply with all applicable laws or regulations, including, without limitation, laws regarding the import or export of data, or software, privacy, and local laws.
You will only access the DashKite APIs credentials granted expressly to you by us. You must not use credentials granted to another entity or otherwise misrepresent your identity when using the DashKite APIs.
DashKite may set and enforce limits on your use of the DashKite APIs (ex: limiting the number of API requests that you may make or the number of concurrent requests you may make), at our sole discretion.
Libraries, Modules, and Extensions
The use of libraries, modules, or extensions to access the DashKite APIs does not change your obligation to comply with these Terms.
Fees and Restrictions on Use
DashKite reserves the right to charge fees for future use or access to the DashKite APIs, rates to be determined in DashKite’s sole discretion.
You must not, and must not allow those acting on your behalf to:
i. use the DashKite APIs to encourage or promote illegal activity or violation of third party rights.
ii. reverse engineer, decompile, disassemble or translate the DashKite APIs or otherwise derive the source code from any DashKite API or any part thereof, except to the extent that this restriction is expressly prohibited by applicable law.
iii. circumvent or exceed limitations on calls and use of the DashKite APIs as outlined in the API Documentation, or otherwise use the DashKite APIs in a manner that would constitute excessive or abusive usage or would disrupt or unreasonably interfere with the DashKite APIs or the servers or networks that provide the DashKite APIs. If DashKite believes that you are in breach of this section, DashKite reserves the right to permanently block your access to the DashKite APIs.
iv. interfere with, modify, disrupt or disable features or functionality of the DashKite APIs, including but not limited to, any mechanism used to restrict or control functionality, or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanism of the DashKite APIs.
v. use the DashKite APIs with the intent of introducing any viruses, worms, defects, Trojan horses, malware or any other items of a destructive nature.
vi. sell, lease or sublicense the DashKite APIs or access thereto or derive revenues from the use or provision of the DashKite APIs, whether for direct commercial or monetary gain unless there is express written approval from DashKite.
vii. use the DashKite APIs to spam, incentivize, or harass users.
Trademarks, Attribution, and Publicity
Use of DashKite Trademarks
You are not permitted to use the DashKite Trademarks in, or as part of the name of your application, or any logos used to promote or identify your application, unless expressly authorized in writing by DashKite or in these Terms. Further, You agree not to: (1) create any derivative works of the DashKite Trademarks that may create or reasonably imply DashKite’s endorsement, association or sponsorship with your application; (2) use the DashKite Trademarks in such a way that would mislead, deceive or confuse users, including, but not limited to, using or registering any mark that is confusingly similar to any DashKite Trademarks; and (3) challenge DashKite’s ownership of the DashKite Trademarks. You will not take any action inconsistent with this ownership and you will cooperate, at DashKite’s request and expense, in any action (including the conduct of legal proceedings) which DashKite deems necessary or desirable to establish or preserve DashKite’s exclusive rights in, and to, the DashKite Trademarks. All use of the DashKite Trademarks and all goodwill arising out of such use, will inure to DashKite’s benefit.
You agree to display any attribution(s) required by DashKite as described in the documentation for the DashKite APIs. When you use the DashKite APIs, DashKite hereby grants to you a non-transferable, non-sublicenseable, nonexclusive license while the Terms are in effect to use or display “DashKite” wordmark, so long as you use “for” preceding such use (ex:, “[insert name] for DashKite”).
You will not make any statement regarding your use of the DashKite APIs which suggests partnership with, sponsorship by, or endorsement by DashKite, without DashKite's prior written approval.
Support, Changes, and Feedback
DashKite may elect to provide you with support or modifications for the DashKite APIs, in its sole discretion, and may terminate such support at any time without notice to you.
Changes to the DashKite APIs
DashKite may change, suspend, or discontinue any aspect of the DashKite APIs at any time, including the availability of any DashKite APIs.
You agree and acknowledge that any feedback that you provide with respect to the DashKite APIs may be used, modified, and/or incorporated into any DashKite products and services without any restriction, obligation or compensation to you.
You may stop using the DashKite APIs at any time, with or without notice to DashKite. DashKite reserves the right to revoke your access to the DashKite APIs for any reason and for any period of time, without notice to you. Upon any termination of the Terms or discontinuation of your access to the DashKite APIs, you will immediately stop using the DashKite APIs, delete any cached or stored content that was permitted or transferred via the DashKite APIs and stop any further distribution or updates of any mobile applications (as may be applicable).
Disclaimer, Limitation of Liability, and Indemnity
DashKite does not represent or warrant that any DashKite APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid. The DashKite APIs are provided "as is" with no warranty, express or implied, of any kind and DashKite expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement. Your use of the DashKite APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any DashKite APIs including, but not limited to, any damage to your computer system or loss of data.
Limitation of Liability
DashKite shall not be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages arising out of, or in connection with, use of the DashKite APIs, whether based on tort (including negligence or otherwise), breach of contract, breach of warranty, or any other pecuniary loss, whether or not DashKite has been advised of the possibility of such damages. Under no circumstances shall DashKite be liable to you for any amount.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify DashKite and its subsidiaries, affiliates, officers, agents, licensors, and employees from and against any third-party claim arising from or in any way related to your use of the DashKite APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. DashKite shall use good faith efforts to provide you with written notice of such claim, suit or action.
Our communications to you and our DashKite APIs may contain DashKite confidential information. DashKite confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. You may use this Confidential Information only as necessary in exercising your rights granted in this Agreement and you will not disclose it to any third party without DashKite's prior written consent. You agree that you will protect this confidential information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in no event with less than a reasonable degree of care. DashKite confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose DashKite confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.
Modification to these Terms
DashKite may modify the Terms or any portion to, at any time. You should look at the Terms regularly. We'll post notice of modifications to the Terms within the documentation of each applicable API or to this website. By continuing to access or use the DashKite APIs after modifications or revisions to the Terms become effective, you agree to be bound by the revised or modified Terms.
These Terms do not create any agency, partnership or joint venture between the parties. Nothing in the Terms will limit either party's ability to seek injunctive relief. DashKite is not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. Any failure to enforce any provision of these Terms will not constitute a waiver thereof or of any other provision. If any section (or portion of a section) of these Terms is invalid, illegal or unenforceable, the rest of the Terms will remain in effect. These Terms are governed by the laws of the State of California, excluding its conflict of laws principles. For any dispute relating to these Terms, the parties consent to personal jurisdiction and exclusive venue in San Francisco County, California. These Terms are the entire agreement between you and DashKite relating to its subject and supersede any prior or contemporaneous agreements on that subject.
Questions or comments about these Terms or the DashKite APIs may be directed to firstname.lastname@example.org