Legal disClaimer
Read this first before using the application programming interface (“API”) service from KasWare.
Technical and Infrastructure Terms
KasWare API Data Query Service: The API data query service provided by KasWare (the “API Service”) is free to use and aims to provide more information to the community. Please note that the API Service is not a commercial service, and KasWare is not responsible for any consequences of its use.
Fees: The API Service is currently provided for free, but KasWare reserves the right to charge for using the API Service in the future.
Availability and Reliability of the API Service: KasWare does not guarantee the availability and reliability of the API service to API users. Users need to assess the risks associated with using the API and bear any resulting faults, issues, risks, and losses.
Service Changes and Termination: KasWare reserves the right to modify or terminate the API Service at any time at its sole discretion without prior notice. KasWare is not responsible for any losses or inconveniences resulting from such actions.
Data Accuracy: KasWare does not guarantee that the information returned by the API is accurate, timely, complete, valid, or error-free. KasWare is not responsible for any losses caused by inaccuracies, delay or data errors resulting from using the API Service.
Technical Compatibility: KasWare is not responsible for the incompatibility of the API with any devices, platforms, browsers, services, software or hardware. Users must ensure that their technical environment is compatible with the API Service.
Third-Party Content and Links: The API Service may contain content or links from third parties, solely as a convenience. Such third-party content or links are not under the control of KasWare and KasWare is not responsible for the quality, accuracy, completeness, performance or reliability of this content, nor for any losses incurred by users using third-party content or accessing third-party links through the API. The fact that such content or links may be included in, provided by, or accessed through the API Service does not imply endorsement by KasWare or the third party of either party’s sites or services. Depending on users’ jurisdiction, some third-party content may not be available to users.
Emergency Maintenance: KasWare has the right to perform emergency maintenance on the API Service at any time at its sole discretion, which may result in temporary service interruptions or suspensions. KasWare is not responsible for any losses or inconveniences caused by this. Nothing herein shall be construed as an obligation for KasWare to maintain or provide technical support of any kind for the API Service.
User, Anti-Spam, and Privacy Terms
Security Assurance: Users understand and agree that KasWare has implemented reasonable security measures to protect the security of the API Service. However, KasWare is not responsible for any losses or damages caused by unauthorized access, data leaks, or other security vulnerabilities. Accordingly, without limitation to any other provisions of this disclaimer, users acknowledge that users bear the sole responsibility for adequate security, protection and backup of any data, software programs or services in connection with users’ use of the API Service.
Usage Restrictions: KasWare reserves the right to restrict, suspend, or terminate users' access to the API Service at its sole discretion without prior notice. This may be based on users' violations, misuse of the API Service, or other reasons KasWare deems reasonable. KasWare is not responsible for any loss or damage whatsoever arising from or in connection with the exercise of such rights.
No Illegal Use: Users must not use the API Service (a) in any way or for any purpose that is illegal, (b) for sending spam or any other activity that violates the relevant regulations and policies that apply to users, (c) to upload or transmit any information or software which contains any computer viruses, worms, Trojan horses or any other intrusive or harmful computer codes, programs or files; (d) to access, use, break into, or attempt to access, use or break into any parts of the API Service which the user has not been authorized to use; and (e) in any way that contravenes or infringes upon KasWare’s rights or the rights of any third party. The decision of KasWare as to what constitutes such activities are final and conclusive. KasWare is not responsible for any legal liabilities resulting from users' violations.
User Information: KasWare will use reasonable commercial endeavors to protect users' personal information in accordance with the relevant regulations and policies that apply to KasWare, but is not responsible for losses resulting from unauthorized access, data leaks, or other data security issues. Users understand that the personal information provided during the use of the API Service may be collected and processed.
Business Applications, Legal, and Other Terms
Non-Commercial Use: KasWare explicitly states that the API Service is for non-commercial purposes only. Any commercial use of the API Service, including but not limited to selling, sublicensing, or engaging in other commercial activities, requires the prior written permission from KasWare.
Mandatory Interpretation: The interpretation and application of this disclaimer are subject to applicable laws and will be interpreted within the limits required by law.
Disclaimer Updates: KasWare reserves the right to modify this disclaimer at any time and reminds users to regularly check for changes. If users do not agree to the modifications, then users must immediately stop using the API Service. If users do not stop using the API Service, then users’ use of the API Service will continue under the changed agreement.
Indemnification: Users will indemnify, pay the defense costs of, and hold KasWare and its successors, officers, directors and employees harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys’/legal fees) arising out of, in connection with, or related to (a) users’ use of the API Service in breach of its term of use or in violation of any applicable laws or regulations, or (b) any data, software programs or services that users use in connection with the API Service, including without limitation any claim that such data, software program or services, or any part thereof, infringes, misappropriates, or otherwise violates any copyright, patent, trade secret, trademark, or other legal right of any third party.
No Warranty: WE PROVIDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE API SERVICE AND SUPPORT SERVICES (IF ANY) “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AVAILABILITY OF DATA FROM THE API SERVICE, AND EFFORT IS WITH USERS. KASWARE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS WITH RESPECT TO THE API SERVICE OR SUPPORT SERVICES (IF ANY). TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, KASWARE DISCLAIMS AND EXCLUDES ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED; INCLUDING WITHOUT LIMITATION (A) REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, (B) REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS THAT ACCESS TO OR USE OF THE API SERVICE WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE OR THAT USERS’ USE OF THE API SERVICE WILL BE RELIABLE AND ACCURATE, INCLUDING WITHOUT LIMITATION STORING, READING, UPDATING OR DELETING ANY DATA. NO ORAL OR WRITTEN STATEMENT MADE TO USERS IN THE CONTEXT OF PROVIDING THE API SERVICE OR SUPPORT SERVICES (IF ANY) WILL CREATE ANY WARRANTY THAT HAS BEEN EXPRESSLY DISCLAIMED IN THIS DISCLAIMER.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KASWARE HAVE ANY LIABILITY ARISING OUT OF, BASED ON, OR RESULTING FROM THIS DISCLAIMER OR USERS’ USE OF THE API SERVICE OR SUPPORT SERVICES (IF ANY), FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, (B) DAMAGES FOR LOST PROFITS, (C) LOSS OF INFORMATION, (D) LOSS OF USE, (E) DAMAGE TO OR LOSS OF GOODWILL, (F) USE OR INABILITY TO USE THE API SERVICE OR SUPPORT SERVICES (IF ANY); (G) COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, SOFTWARE PROGRAMS OR SERVICES; (H) UNAUTHORIZED ACCESS TO OR USE OF, OR ANY ALTERATION, CORRUPTION, DELETION, DAMAGE OR LOSS OF, THE DATA GENERATED BY THE API SERVICE, OR ANY OTHER DATA, SOFTWARE PROGRAMS OR SERVICES USED IN CONNECTION WITH THE API SERVICE; (I) FAILURE TO PROVIDE ACCURATE INFORMATION; (J) VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT USERS’ ACCESS OR USE OF THE API SERVICE OR THAT ARE TRANSFERRED TO USERS THROUGH THE API SERVICE; (K) INCOMPATIBILITIES BETWEEN THE API SERVICE AND OTHER SERVICES, SOFTWARE OR HARDWARE; AND/OR (L) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR OTHER LEGAL THEORY, AND EVEN IF (Y) THIS REMEDY DOES NOT FULLY COMPENSATE USERS FOR ANY LOSSES, OR FAILS OF ITS ESSENTIAL PURPOSE AND/OR (Z) KASWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Intellectual Property: Users understand and agree not to infringe on any intellectual property related to KasWare.
Applicable Law and Dispute Resolution: This disclaimer is subject to applicable law, and any disputes arising from the use of the API should be resolved through arbitration or other suitable means.
Clarity of Disclaimer: Users understand and agree that even if certain terms are invalid in legal terms, the remaining terms of this disclaimer remain valid. A court may hold that we cannot enforce a part of this disclaimer as written. If this happens, then users and us will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this disclaimer will not change. This disclaimer, including any other policies or terms incorporated by reference, is the entire agreement between users and us regarding users’ use of the API Service. It supersedes any prior agreements or statements (whether oral or written) regarding users’ use of the API Service.
Assignment: We may assign this agreement, in whole or in part, at any time with or without notice to users. Users may not assign this agreement, or any part of it, to any other third party. Any attempt by users to do so is void. Users may not transfer to a third party, either temporarily or permanently, any rights to use the API Service or any part of them.
No Third Party Beneficiaries: This agreement is solely for users’ and our benefit. It is not for the benefit of any other party, except for permitted successors and assigns under this agreement.
No Waiver: Any delay or failure by KasWare to exercise a right or remedy will not result in a waiver of that, or any other, right or remedy. ​
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