API Terms of Use

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Pebble LLC, doing business as Fadr ("Fadr", “we”, “us”, or “our”), concerning your access to and use of the Fadr Application Programming Interface (“Fadr API”, “API”) as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Virginia, United States and have our registered office at 7906 Bracksford Ct, Fairfax Station, VA 22039. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Section 1: Account and Registration

Accepting the Terms

You may not use the API and may not accept the Terms if (a) you are not of legal age to form a binding contract with Fadr, or (b) you are a person barred from using or receiving the API 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 API.

Entity Level Acceptance

If you are using the API 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).

Registration

In order to access the API you may be required to provide certain information (such as identification or contact details) as part of the registration process for the API, or as part of your continued use of the API. Any registration information you give to Fadr will always be accurate and up to date and you'll inform us promptly of any updates.

Section 2: Using Our API

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.

Compliance with Law, Third Party Rights, and Other Fadr 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 API to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with Fadr (or its affiliates).

Permitted Access

You will only access (or attempt to access) an API by the means described in the documentation of that API. If Fadr assigns you developer credentials (e.g. client IDs), you must use them with the applicable API. You will not misrepresent or mask either your identity or your API Client's identity when using the API or developer accounts.

Open Source Software

Some of the software required by or included in our API may be offered under an open source license. Open source software licenses constitute separate written agreements. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Fadr for the applicable open source software.

Communication with Fadr

We may send you certain communications in connection with your use of the API. It is your responsibility to review and respond to communication.

Feedback

If you provide feedback or suggestions about our API, then we (and those we allow) may use such information without obligation to you.

Non-Exclusivity

The Terms are non-exclusive. You acknowledge that Fadr may develop products or services that may compete with the API Clients or any other products or services.

Section 3: Your API Clients

API Clients and Monitoring

The API is designed to help you enhance your websites and applications ("API Client(s)"). YOU AGREE THAT FADR MAY MONITOR USE OF THE API TO ENSURE QUALITY, IMPROVE FADR PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Fadr accessing and using your API Client, for example to identify security issues that could affect Fadr or its users. You will not interfere with this monitoring. Fadr may use any technical means to overcome such interference. Fadr may suspend access to the API by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.

Security

You will use commercially reasonable efforts to protect user information collected by your API Client, including personal data, 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.

Ownership

Fadr does not acquire ownership in your API Clients, and by using our API, you do not acquire ownership of any rights in our API or the content that is accessed through our API.

User Privacy and API Clients

You will comply with (1) all applicable privacy laws and regulations including those applying to personal data and (2) the Fadr API Services User Data Policy, which governs your use of the API when you request access to Fadr user information. 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 Fadr and third parties.

Section 4: Prohibitions and Confidentiality

API Prohibitions

When using the API, 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 API and offer it for use by third parties.
2. Perform an action with the intent of introducing to Fadr products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
3. Defame, abuse, harass, stalk, or threaten others.
4. Interfere with or disrupt the API or the servers or networks providing the API.
5. Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
6. 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.
7. Use the API for any activities where the use or failure of the API could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
8. Use the API to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.
9. Remove, obscure, or alter any Fadr terms of service or any links to or notices of those terms.

Confidential Matters

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.

Our communications to you and our API may contain Fadr confidential information. Fadr 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 Fadr's prior written consent. Fadr 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 Fadr 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.

Section 5: Content

Content Accessible Through Our API

Our API contains 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 API 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.

Submission of Content

Our API allows the submission of content. Fadr does not acquire any ownership of any intellectual property rights in the content that you submit to our API through your API Client, except as expressly provided in the Terms. For the sole purpose of enabling Fadr to provide, secure, and improve the API (and the related service(s)) and only in accordance with the applicable Fadr privacy policies, you give Fadr a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the API through your API Client. "Use" means use, host, store, modify, communicate, and publish. Before you submit content to our API 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.

Retrieval of content

When a user's non-public content is obtained through the API, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.

Data Portability

Fadr supports data portability. For as long as you use or store any user data that you obtained through the API, you agree to enable your users to export their equivalent data to other services or applications of their choice in a way that's substantially as fast and easy as exporting such data from Fadr products and services, subject to applicable laws, and you agree that you will not make that data available to third parties who do not also abide by this obligation.

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 API:

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.

Section 6: Brand Features; Attribution

Brand Features

"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features 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 Brand Features. All use by you of Fadr's Brand Features (including any goodwill associated therewith) will inure to the benefit of Fadr.

Attribution

Fadr hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license while the Terms are in effect to display Fadr's Brand Features for the purpose of promoting or advertising that you use the API. You must only use the Fadr Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. You understand and agree that Fadr has the sole discretion to determine whether your attribution(s) and use of Fadr's Brand Features are in accordance with any requirements and guidelines.

Publicity

You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by Fadr without Fadr's prior written approval.

Promotional and Marketing Use

In the course of promoting, marketing, or demonstrating the API you are using and the associated Fadr products, Fadr 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.

Section 7: Privacy and Copyright Protection

Fadr Privacy Policies

By using our API, Fadr may use submitted information in accordance with our Privacy Policy.

Fadr DMCA Policy

We provide information to help copyright holders manage their intellectual property online, but we can't determine whether something is being used legally or not without their input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Fadr's policy about responding to notices in our Help Center.

Section 8: Termination

Termination

You may stop using our API at any time with or without notice. Further, if you want to terminate the Terms, you must provide Fadr with prior written notice and upon termination, cease your use of the applicable API. Fadr reserves the right to terminate the Terms with you or discontinue the API or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.

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 Fadr Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5. Fadr 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.

Surviving Provisions

When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 4b, 5, 8, 9, and 10.

Section 9: Liability for our API

WARRANTIES

EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, FADR DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE API. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE API, THE SPECIFIC FUNCTIONS OF THE API, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE API "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.

LIMITATION OF LIABILITY

WHEN PERMITTED BY LAW, FADR 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 Fadr, 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 API (OR, IF WE CHOOSE, TO SUPPLYING YOU THE API AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

IN ALL CASES, FADR WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Indemnification

Unless prohibited by applicable law, if you are a business, you will defend and indemnify Fadr, 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 API;
2. your violation or your end user's violation of the Terms; or
3. any content or data routed into or used with the API by you, those acting on your behalf, or your end users.

Section 10: General Provisions

Modification

We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our API. 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 via personal communication such as email. 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.

U.S. Federal Agency Entities

The Fadr API is developed solely at private expense and is commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.

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 Fadr does not take action right away, this does not mean that Fadr 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 Fadr relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact Fadr, please visit our contact page.

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the Commonwealth of Virginia applicable to agreements made and to be entirely performed within the Commonwealth of Virginia, without regard to its conflict of law principles.

Section 11: Contact

In order to resolve a complaint regarding the API or to receive further information regarding use of the API, please contact us:

• By email: contact@fadr.com
• By visiting our Contact Page