Terms of Use

Experity Application Programming Interface Terms of Service

Last modified: August 20, 2019

By accessing or using Experity's application programming interface, other developer services, and associated software (collectively, "APIs"), you are agreeing to the terms below. If there is a conflict between these terms and additional terms applicable to a given API, the additional terms as set forth in written documentation will control for that conflict. 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." You agree to comply with the Terms and that the Terms control your relationship with us. If you use the APIs as an interface to, or in conjunction with other Experity products or services, then the terms for those other products or services also apply.

Under the Terms, "Experity" shall mean Experity, Inc. and all wholly owned subsidiaries, with offices at 8777 Velocity Drive, Machesney Park, IL 61115, 101 S. Phillips Avenue, Sioux Falls, SD, 57104, 11433 Olde Cabin Road, Suite 100, St. Louis, MO 63141, 384 Northyards Blvd NW, Suite 400, Atlanta, GA 30313, and 3809 S Greystone Court, Suite B, Springfield, MO 65804 unless set forth otherwise in additional terms applicable for a given API. We may refer to "Experity" as "we", "our", or "us" in the Terms.

Conditions to be Eligible to use the APIs
1. Accepting the Terms
  You may not use the APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with Experity, or (b) you are a person barred from using or receiving the 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 APIs.
2. Entity Level Acceptance
  If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).
3. Agreement to Provide Information Requested by Experity
  In order to access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. Any information you give to Experity will always be accurate and up to date and you'll inform us promptly of any updates.
4. Subsidiaries and Affiliates
  In the event you are provided the APIs by one or more subsidiaries of affiliates of Experity, you agree these Terms will also govern your relationship with said subsidiaries or affiliates.
Using the Experity APIs
1. Your End Users
  You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.
2. Compliance with Law, Third Party Rights, and Other Experity Terms of Service
  You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with Experity (or its affiliates).
3. Permitted Access
  You will only access (or attempt to access) an API by the means described in the documentation of that API. If Experity assigns you developer credentials (e.g. client IDs), you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your API Client's identity when using the APIs or developer accounts.
4. API Limitations
  Experity sets and enforces limits on your use of the APIs (e.g. the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API.
5. Open Source Software
  Some of the software required by or included in our APIs may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain APIs, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Experity for the applicable open source software.
6. Permission to Receive Communications from Experity
  We may send you certain communications in connection with your use of the APIs. Please review the applicable API documentation for information about opting out of certain types of communication.
7. Grant of Rights Regarding Feedback Given
  You hereby grant any and all rights, claims or beneficial interest to Experity for the use or non-use of any suggestions or commentary about Experity’s APIs, and thereafter Experity may use such information without obligation to you.
8. Non-Exclusive Product and/or Services
  The Terms are non-exclusive and you acknowledge that Experity may develop products or services that may compete with users of the APIs or any other products or services.
Terms Regarding Your Clients Utilizing the APIs
1. API Clients and Monitoring
  The APIs are designed to help you enhance your applications ("API Client(s)"). YOU AGREE THAT EXPERITY MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE EXPERITY PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Experity accessing and using your API Client, for example to identify security issues that could affect Experity or its users. You will not interfere with this monitoring. Experity may use any technical means to overcome such interference. Experity may suspend access to the APIs by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.
2. Security
  You will use commercially reasonable efforts to protect user information collected by your API Client, including personally identifiable information ("PII") and protected health information (“PHI”) if applicable, from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.
3. Ownership
  Experity does not acquire ownership in your API Clients, and by using the Experity APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.
4. User Privacy and API Clients
  You will comply with all applicable privacy laws and regulations including those applying to PII and PHI including, but not limited to Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act of 2009, and the regulations and policy guidance thereunder (collectively “HIPAA”). You will provide and adhere to a privacy policy for your API Client that clearly and accurately describes to users of your API Client what user information you collect and how you use and share such information (including for advertising) with Experity and third parties as well as a business associate agreement as required under HIPAA, if applicable.
Confidentiality and Restrictions
1. API Prohibitions
  When using the APIs, you may not (or allow those acting on your behalf to):
  1. Sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.
  2. Perform an action with the intent of introducing to Experity products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
  3. Interfere with or disrupt the APIs or the servers or networks providing the APIs.
  4. Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
  5. Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage.
  6. Remove, obscure, or alter any Experity terms of service or any links to or notices of those terms.
  7. Unless otherwise specified in writing by Experity, Experity does not intend use of the APIs to create obligations under HIPAA, and makes no representations that the APIs satisfy HIPAA requirements. If you are (or become) a "covered entity" or "business associate" as defined in HIPAA, you will not use the APIs for any purpose or in any manner involving transmitting protected health information to Experity unless you have received prior written consent to such use from Experity.
2. Confidentiality Requirements
  1. Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects.
  2. Our communications to you and our APIs may contain Experity confidential information. Experity confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Experity's prior written consent. Experity 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 Experity 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.
Covenants Regarding Content
1. Content Accessible Through our APIs
  Our APIs contain some third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Finally, content accessible through our APIs may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.
2. Submission of Content
  Some of our APIs allow the submission of content. Experity does not acquire any ownership of any intellectual property rights in the content that you submit to our APIs through your API Client, except as expressly provided in the Terms. For the sole purpose of enabling Experity to provide, secure, and improve the APIs (and the related service(s)) and only in accordance with the applicable Experity privacy policies, you give Experity a perpetual, irrevocable, worldwide, sub licensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the APIs through your API Client. "Use" means use, host, store, modify, communicate, and publish. Before you submit content to our APIs through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.
3. Retrieval of content
  When a user's non-public content is obtained through the APIs, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.
4. Prohibitions on Content
  Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the APIs:
  1. Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
  2. Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
  3. Misrepresent the source or ownership; or
  4. Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
Terms Regarding Trademark, Copyright and Related Intellectual Property
1. Proprietary Image
  "Proprietary Image" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive Proprietary Image of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Proprietary Image. All use by you of Experity's Proprietary Image (including any goodwill associated therewith) will inure to the benefit of Experity.
2. Attribution
  You agree to display any attribution(s) required by Experity as described in the documentation for the API. Experity hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license while the Terms are in effect to display Experity's Proprietary Image for the purpose of promoting or advertising that you use the APIs. You must only use the Experity Proprietary Image in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. In using Experity's Proprietary Image, you must follow any requirements for use as provided by Experity. You understand and agree that Experity has the sole discretion to determine whether your use of Experity's Proprietary Image are in accordance with Experity’s stated requirements.
3. Publicity
  You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by Experity without Experity's prior written approval.
4. Promotional and Marketing Use
  In the course of promoting, marketing, or demonstrating the APIs you are using and the associated Experity products, Experity may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.
Privacy and Copyright Protection
1. Experity Privacy Policies
  By using our APIs, Experity may use submitted information in accordance with our privacy policies.
Termination
1. Termination
  You may stop using our APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide Experity with prior written notice and upon termination, cease your use of the applicable APIs. Experity reserves the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
2. Your Obligations Post-Termination
  Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the Experity Proprietary Image, and delete any cached or stored content that was permitted by the cache header under these Terms. Experity may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.
3. Surviving Provisions
  When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply.
Liability for our APIs
1. WARRANTIES
  EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER EXPERITY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE APIS. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE APIS, THE SPECIFIC FUNCTIONS OF THE APIS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APIS "AS IS". SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.
2. LIMITATION OF LIABILITY
  WHEN PERMITTED BY LAW, EXPERITY, AND EXPERITY'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EXPERITY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE APIS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE APIS AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. IN ALL CASES, EXPERITY, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
3. Indemnification Unless prohibited by applicable law, if you are a business, you will defend and indemnify Experity, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
  1. your misuse or your end user's misuse of the APIs;
  2. your violation or your end user's violation of the Terms; or
  3. any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.
General Provisions
1. Modification
  We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our APIs. You should look at the Terms regularly. We'll post notice of modifications to the Terms within the documentation of each applicable API, to this website, and/or in the Experity developers console. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.
2. U.S. Federal Agency Entities
  The APIs were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.
3. General Legal Terms
  We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Experity does not take action right away, this does not mean that Experity is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and Experity relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact Experity, please visit our contact us section on this web page. Except as set forth below: (i) the laws of Illinois, U.S.A., excluding Illinois's conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the APIs and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS SITUATED IN WINNEBAGO COUNTY, ILLINOIS, USA, AND YOU AND EXPERITY CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

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Experity Application Programming Interface Terms of Service