Terms of Use & API License Agreement

Version 1.1, last updated: 08-20-2015

Overview

All use of the website, information, services, and content distributed through or in conjunction with or made available on the website is offered to you subject to your acceptance of these Terms & Conditions, our Privacy Policy and Permitted and Prohibited Uses Policy. By purchasing any goods or services from this website, you are furthermore bound by this site's Service Agreement.

The following terms and conditions incorporate a legal agreement between you (“You”) and apilayer GmbH (“apilayer”, “giflayer”) and set forth the terms and conditions by which apilayer will make the giflayer API service available in order to electronically provide You with use of and access to giflayer Data & Services.

giflayer API Services

For the purposes of this Agreement, “giflayer API Services” shall consist of:

Acknowledgement

By accessing or otherwise using the giflayer API, You acknowledge that You:

Company Information

www.giflayer.com is a site operated by apilayer, an Austrian technology company registered in Vienna, Austria at the following location:

Vienna Office (HQ)
Hörlgasse 12/4
1090 Vienna
Austria

Scope of License

Grant of License

apilayer hereby grants to You a non-transferable, non-exclusive, revocable, and limited license for the term of this Agreement to access the giflayer API and use giflayer API Data & Services strictly for the limited purposes, and under the terms and conditions, as are set forth in this Agreement.

Scope of the giflayer API License

Subject to Your compliance with the terms of this Agreement, You are hereby permitted to receive, process, and display giflayer 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 giflayer 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 giflayer API Data & Services outside of your application(s).

Use of License

Restrictions

You shall not:

Attribution

While usage of the giflayer 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 giflayer API website at https://giflayer.com would be highly appreciated.

Your Responsibility to Safeguard

You shall use Your best efforts and take all necessary steps to safeguard giflayer API Data & Services to ensure that no unauthorized reproduction, publication, disclosure, modification, distribution, or other use of any giflayer API Data & Services is made in whole or in part. To the extent that You become aware of any such unauthorized use of giflayer API Data & Services, You shall immediately notify apilayer by emailing “support@apilayer.com”.

Misuse of the Licensed Product

In the event that You or any end users use giflayer API Data & Services or the giflayer API in violation of this Agreement, as applicable, apilayer shall have the option of electing liquidated damages.

Services and Data

Use of the giflayer API

Subject to the terms herein, apilayer will provide You with access to giflayer API Data & Services over the Internet through the giflayer API. All calls to the giflayer 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 giflayer API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.

Usage Limits

The extent of Your usage of the giflayer 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 giflayer 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.

Responsibility for Software and Hardware

You shall be solely responsible for acquiring, providing, and maintaining all software/hardware and Internet Services required to access the giflayer 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 giflayer API.

Services May Be Inaccessible Or Inoperable

You hereby acknowledge that from time to time, the giflayer API may be inaccessible or inoperable for any reason, including, without limitation:

Service Level Agreement

If the giflayer API is unavailable to all giflayer 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.

Right to Change Content or Format

You acknowledge that apilayer may from time to time, and in its sole discretion, update or change the content or format of giflayer API Data or the giflayer 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 giflayer API in order to ensure functionality of Your application(s) with giflayer API Data & Services.

Publicity

Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Each Subscriber agrees that giflayer (apilayer) may include such Subscriber’s name and trademarks in a list of giflayer (apilayer) Subscribers, online or in promotional materials. Each Subscriber also agrees that giflayer (apilayer) may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this section by e-mailing a request to support@apilayer.com.

Proprietary Rights

Trademarks

"giflayer", "giflayer.com", the giflayer logo and other identifying marks of giflayer 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.

Licensed, Not Sold

Use of giflayer API Data & Services and the giflayer API is licensed, and not sold.

Consent to Collection, Use, Retention, and Disclosure of Information

In the course of providing the giflayer API, apilayer collects information, including standard information of the type normally exchanged when accessing any web site or web service. This information pertains only to the access of the giflayer API, and is no different in nature to the information available to any Internet web server during the course of fulfilling a standard web request. Please read apilayer’s Privacy Policy. By agreeing to the terms of this Agreement, You are expressly consenting to apilayer’s collection, use, retention, and disclosure of information as set out in its Privacy Policy.

No Granting of Ownership Rights

You acknowledge that apilayer owns all right, title, and interest (including but not limited to all copyright rights therein) in and to the giflayer API Data & Services or the giflayer 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 giflayer API Data & Services or the giflayer API.

apilayer’s Right to Terminate

apilayer reserves the right at any time to terminate this Agreement, or withdraw from distributing giflayer API Data & Services or providing access to the giflayer API, if for any reason it no longer retains the right to publish or distribute the giflayer API Data & Services.

Disclaimer

Provided in Good Faith

The giflayer API is provided by apilayer in good faith and although apilayer endeavours to ensure that giflayer API Data & Services and the giflayer API are accurate and obtained from sources believed to be reliable, apilayer does not guarantee or warrant:

Disclaimer

The giflayer API and giflayer 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 giflayer 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.

Disclaimer

apilayer does not represent or warrant that the giflayer API, or access to the giflayer API, will be uninterrupted or error-free or that errors in the giflayer API and/or giflayer API Data & Services will be corrected.

Disclaimer

In no event shall apilayer, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the giflayer 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 giflayer API and/or the giflayer 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.

Indemnification by You

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:

General

These Terms & Conditions incorporate by reference all notices and disclaimers contained in the Services constitute the entire agreement between you and giflayer with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms & Conditions supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and giflayer relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and giflayer.

If any provision of these Terms & Conditions 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 & Conditions shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. giflayer's failure to insist upon, or enforce, strict performance of any right or provision of these Terms & Conditions 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 & Conditions.

You agree that these Terms & Conditions, giflayer's Privacy Policy and other legal documents posted through the Services have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

If you are a consumer, please note that these Terms & Conditions, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these Terms & Conditions, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact

Should you have any questions, complaints, or comments about these Terms & Conditions, this service, or website, or require further clarification of any kind, please do not hesitate to contact us at: support@apilayer.com