Terms of Service
IMPORTANT – READ CAREFULLY: BY CLICKING ON THE “I AGREE”, “I ACCEPT” OR SIMILAR BUTTON TO WHICH THIS AGREEMENT IS ATTACHED, YOU ARE ACKNOWLEDGING THAT YOU ARE AUTHORIZED TO ENTER INTO THIS SERVICES AGREEMENT (“AGREEMENT”) ON BEHALF OF THE USER OR CUSTOMER (AS THE CASE MAY BE) AND AGREE TO ALL THE TERMS OF THIS AGREEMENT, REGARDING USER OR CUSTOMER’S USE OF THE APIARY SERVICE. IF YOU DO NOT AGREE WITH ALL OF THIS AGREEMENT OR ARE NOT AUTHORIZED TO BIND THE USER OR CUSTOMER TO THIS AGREEMENT, DO NOT CLICK ON THE “I AGREE”, “I ACCEPT” OR SIMILAR BUTTON OR CLICK THE “I DISAGREE” BUTTON OR CLOSE THE WINDOW TO STOP CREATION OF THE APIARY ACCOUNT AND IMMEDIATELY STOP USE OF THE APIARY WEBSITE.
1. The Agreement and Your Acceptance
Welcome to the Terms of Service for Apiary.io. This is an agreement (“Agreement”) between Apiary Inc. (“Apiary"), the owner and operator of www.Apiary.io (the “Site” and any “Services” including our Software) and you (“you” or “your” or “user(s)”), a user of the Site and Service. This Agreement is legally binding and governs your use of our Site and Service. Throughout this Agreement, the words “Apiary,” “us,” “we,” and “our,” refer to our company, Apiary Inc., and our website, Apiary.io, or our Service including our API documentation software (“Software”), Apiary, as is appropriate in the context of the use of the words. Your ability to submit or transmit any information, including but not limited to photos, text, videos, code, scripts and messages through our Site or Service will be referred to as “Content” within this Agreement.
2. A Brief Description of Apiary
Apiary provides a service that creates API documentation for our users. This documentation helps to facilitate communication and data exchange between our users and their clients. Additionally, our Service provides an automated testing environment for our users.
3. Registering and Creating an Apiary Account
You must register for an account to gain access to our Site and Service. When creating an account we will collect your name, email, address and telephone number. You may also be given the option to add additional information to assist you in using our Service. If you wish to use any of our paid services you will be required to submit your credit card information. This information will be shared with our payment processor Stripe and will not be stored with Apiary. All information submitted when registering must be truthful and accurate. You may only register as yourself. If you are registering for an organization or non-human entity you represent that you either have the right to or have permission to use the name or likeness of that organization or group.
4. Your Responsibilities When Using Apiary
You are responsible for your use of Apiary, and for any use of Apiary made using your account. Additionally, as this is a community please be respectful and cordial at all times. When using Apiary: 1. You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity; 2. You agree to keep your password and login information safe and confidential; 3. You agree not to misappropriate any of our intellectual property; 4. You agree not to submit kiddie porn, pornographic, gruesome, graphic or sexually explicit Content to our Site and Service; 5. You agree that you are solely responsible for any Content submitted to our Site through your account; 6. You agree that you will not upload invalid data, viruses, worms or other software agents through the Service or Software; 7. You agree not to violate any requirements, procedures, policies or regulations of networks connected to Apiary; 8. You agree not to collect or store personal information about other end users; 9. You agree not to interfere with or disrupt Apiary; 10. You agree not to hack, spam or phish us or other users; 11. You agree to provide truthful and accurate Content; 12. You agree to not violate any law or regulation and you are solely responsible for such violations; 13. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or Software underlying our Sites or any of our Services; 14. You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de- caching of any portion of our website from a thirty party’s website, such as by requesting its removal from a search engine; Please be aware that this is a non-exclusive list, we may suspend or revoke your access if you fail to abide by these rules or at our discretion.
5. The Storing and Display of Your Content on Apiary
When submitting any Content to us, you understand that this Content may be viewable by the public or other users depending on your settings. It is recommended that any Content that you store or submit to our Site and Service be tasteful and up to community standards. Please be aware that although we offer storage of your Content on our Site, we do not ensure that such information will be safe, complete, or intact. Therefore, you are responsible for backing up and saving locally any Content submitted to us by you.
6. Our Copyright
Users may be allowed to share our Content and other users’ Content through the functionality of our Site and Service. However, you agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Service without our prior written permission or through some functionality found within our Site or Service. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any Content found on Apiary. Your copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data and the layout of our Site, but may also infringe on a third party’s copyright. You agree that this section limits your rights more than the simple application of intellectual property law, and constitutes a contractual obligation binding to you beyond the applicable intellectual property laws.
Apiary respects the intellectual property rights of others and expects all website users and Apiary partners to respect the intellectual property rights of Apiary and third parties. Repeated infringement of intellectual property rights, or other violations of these terms, may result in the termination of accounts and/or denial of access to particular users. If you believe that something posted within the website environment is infringing a copyright or other intellectual property right of yours or of a third party, or if you believe the posting or publication is in violation of any other law or legal duty, then please provide notice to Apiary at the email address provided below, including the information specified below:
Address for Notice: firstname.lastname@example.org
Requested Information: 1. A concise description of the offending material, including a sufficient description of its location within the website environment to allow it to be identified and located; 2. A concise description of the problem or issue; 3. Your contact information, including mail, phone, and e-mail; 4. If the issue pertains to infringement of copyright or other intellectual property rights, your notice to us must also include the following: (a) A physical or electronic signature of the person authorized to act on behalf of the rights owner a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
7. Your Copyright
Any Content submitted by you will be owned by you. You agree to grant Apiary and its users, affiliates, representatives and assigns a non-exclusive, fully-paid, royalty- free, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your Content submitted and anything we may make with your Content through Apiary or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection our Site, and to use your Content to advertise and promote Apiary. The foregoing license granted by you terminates once you remove your Content from Apiary. However, you agree that we may store or archive any deleted Content for a commercially reasonable time after the termination of your Content. By submitting any Content to our Site and Service, you hereby represent and warrant that you own all rights to your Content or, alternatively, that you have the right to give us the license described above. You also promise that you have paid and will pay in full all fees or other payments related to the use of your post. Finally, you promise that your post does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
8. Your Content on Apiary
We are not required to host, display, or distribute any of your Content and we may refuse to accept or transmit any Content or delete your Content from Apiary at any time. You understand that when using the Apiary Service you may be exposed to Content from a variety of sources, and that Apiary is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such posts, and that such posts are not the responsibility of Apiary. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Apiary with respect thereto, and agree to indemnify and hold Apiary, its Owners/ Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
9. Access to Our Service and Limited License
10. Our Software
In order to use our Service you may be required to download our Software or code from your computer. Like our Service our Software is offered “as-is”. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY ISSUES THAT YOU MAY INCUR FROM THE DOWNLOAD OF OUR SOFTWARE. When downloading our Software you do not receive any ownership of our Software, you merely receive the license granted in Section 9 of this Agreement. We reserve the right to alter, update, or remove our Software from your system at any time, or demand that you do so. We may conduct such modifications to our Software for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Software for security, legal or other purposes.
11. Software Availability
We do not guarantee that the Software or Site will always be available, work, or be accessible at any particular time via any third party. Only users who are eligible to use our Software may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the Software will work as advertised, or that it will give you the desired results.
After browsing our Site you may be interested in using our Service. You will be required to submit payment information to do so. To process our payments we use our third party payment processor Stripe. Your payment information will be collected and stored with them. You must agree with their terms and conditions before paying for or using any of our paid Services.
At Apiary we want to you to be satisfied with your use of our paid Services. However, as we offer software as a service we cannot offer refunds. If you feel that you are entitled to a refund please contact us at email@example.com. Please remember that we have the sole, absolute and final discretion in granting any and all refunds.
14. Termination and Cancellation
We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, your Apiary account, or access to any paid Services, please contact us at firstname.lastname@example.org. Please be aware that you are solely responsible for properly cancelling your account. Cancellation may result in the immediate deactivation of your account or suspension of Service to you. After cancellation, your information may be inaccessible; however, we may keep copies of your information for a commercially reasonable time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding any payments by you to us.
16. WARRANTY DISCLAIMERS
THE SITE AND SERVICE ARE PROVIDED TO YOU AS IS AND FOR YOUR INFORMATION ONLY.
APIARY AND ITS SUBSIDIARY AND AFFILIATE COMPANIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT, OUR SITE OR OUR SERVICE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, OR NEGLIGENCE OR ANY OTHER SORT.
APIARY MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE, SOFTWARE, OR SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, SOFTWARE, OR SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SITE, SOFTWARE, OR SERVICE WILL BE CORRECTED.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS ENCOUNTERED THROUGH OUR SOFTWARE OR SERVICE. THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.
NOTHING IN THE PROVISIONS OF THIS SECTION WILL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES,
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
17. Limitation of Liability
For your convenience, the following are some important details of this Agreement that affect your rights and remedies: 1. Our Software and Site include areas where users may post Content about an individual or company. We are not responsible for the posting of this Content; 2. We are not required to or under any obligation to review, screen, edit, monitor, or remove any Content posted on our Site or Software, although we reserve the absolute right to remove, screen, or edit any Content at any time and for any reason without any notice to you or any party affected; 3. We take no responsibility and assume no liability for any user content that is posted, stored, uploaded, or transmitted via the Site or the Service, or for any loss or damages that may occur because of such user content including, but not limited to defamation, slander, hate speech, libel, falsehoods, obscenity, or profanity; 4. We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of the Software or Service, whether arising in tort or contract, law or equity; 5. You agree not to hold any other user of Apiary liable for any negative or critical comments, except that you are not obligated to release any other user who submits Content that violates any term of this Agreement or other policies stated anywhere on our Site; 6. Apiary is not liable under any circumstances to any user for any user content submitted, posted or transmitted by any other user, even if that content violates this Agreement or other policies stated anywhere on our Site, and Apiary takes no action to remove that content or terminate that user’s account; 7. Your ability to use or interact with this Site is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations, of this Agreement or any applicable law at our sole discretion.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL APIARY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT APIARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM YOUR USE OF OUR SITE OR SERVICE, ON ANY THEORY OF LIABILITY, RESULTING FROM (1) THE USE OR INABILITY TO USE THE SITE, SOFTWARE, OR SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE OR SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SITE, SOFTWARE OR SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. 3. IN THE EVENT OF A DISPUTE BETWEEN ANY USERS AND APIARY, APIARY’S TOTAL LIABILITY WILL NOT EXCEED $100 OR THE AMOUNT A USER HAS PAID IN FEES TO APIARY WITHIN THE PAST 12 MONTHS, WHICHEVER IS GREATER. PLEASE BE AWARE THAT THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Apiary, its subsidiaries and affiliates, and their respective officers, directors, employees and agents (the “Apiary Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including but not limited to attorney's fees (collectively referred to hereinafter as the “Claims”) arising from: 1. Your use of and access to the Apiary Service; 2. Your violation of any term of these Terms of Service; 3. Any claim that your actions using our Site, Service or Software harmed a third party. You also agree that you have a duty to defend Apiary Indemnified Parties against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for reasonable attorneys’ fees, court costs, and disbursements incurred by the Apiary Indemnified Parties to resolve any Claims. In the event of a Claim, we may elect to settle with the party/parties making the Claim and you will be liable for the damages.
19. Visiting Third Party Websites Through Apiary
When using any of our third party services you must agree and comply with their terms of service. We may also link to third party websites from our own website. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site. Additionally, users may be able to post third party links through Content submitted to our Site. We are not responsible for such links and do not monitor the posting of such links. Please exercise caution when clicking on such links as they may cause harm to your computer.
20. Communications Decency Act
We respect our users’ right to free speech. However, as this website hosts a community of users please be respectful and courteous when posting or submitting Content. Section 230 of the Communications Decency Act creates a defense for us for the actions of third parties in regards to any defamatory Content posted on our Site. We are not liable for defamatory words posted on our Site by our users even if we are given notice. We are not required to take any action; however, we may take action against the offending user if we deem it necessary. Please notify us at email@example.com if any of our users have posted anything that you believe is defamatory or in violation of our Terms of Service.
21. Our COPPA Compliance
Apiary intends to fully comply with COPPA and other children’s privacy laws. Therefore, our Site and Service may only be used by persons over 18 years and older. If you are under the age of 18 please do not submit any information to us and please stop using our Site and Service immediately.
22. Choice of Law
This Agreement will be deemed to have been made and executed in the State of California and any dispute arising hereunder will be resolved in accordance with the laws of the State of California without reference to its conflict of laws principles.
23. Forum of Dispute
Any dispute arising from or related to this Agreement will be adjudicated exclusively in courts located in the county of San Francisco, California. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise. If you bring a dispute in a manner other than in accordance with this section, you agree that Apiary may move to have it dismissed, and that you will be responsible for Apiary’s reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
24. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Apiary will have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
28. Agency, Partnership, Joint Venture
Nothing in these Terms will be construed as creating a partnership, contract of employment, agency, joint venture of franchise relationship between Apiary or any of its affiliates with you.
29. Third Party Beneficiary
You acknowledge and agree that, except as otherwise expressly provided in the Terms, there will be no third party beneficiary to this agreement.
30. Entire Agreement
This Agreement constitutes the complete agreement between Apiary and you and supersedes all prior or contemporaneous communications and agreements between you and Apiary in connection with the subject matter hereof. No other agreements, representations, warranties or other matters, oral or written, will be deemed to bind the parties hereto with respect to the subject matter hereof.
Apiary is subject to U.S. Export control laws, including without limitation the U.S. Export Administration Act and its associated regulations and may be subject to export or import regulations of other countries. Customer hereby agrees that it will not export or re-export the Apiary Services, Client Software or Documentation in any form in violation of any applicable export or import laws of any jurisdiction.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page, contact you and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. We may contact you if we modify this Agreement, you must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
33. Electronic Communications
When you visit the Site, or send us emails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
34. Information for California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions, complaints, or inquiries about Apiary must be addressed to our agent for notice and sent via certified mail to:
National Registered Agents, Inc.
818 W. Seventh Street
Los Angeles, CA 90017
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: February 18, 2014