License and Restrictions
The APIs are owned by us and we grant you a non-exclusive, non-transferable, non-sublicenseable, limited license subject to the terms herein. These terms apply to using the APIs, including all updates, revisions, substitutions to the extent provided, and any copies of the APIs made by or for you.
You should note that any content on our Website is owned either by us, the users or other third parties and you may not use such content except as permitted in our Terms and Conditions [http://ctwiz.co.il/legal/terms/] and the license terms attached to such content. All rights not expressly granted to you are reserved by CTwiz.
You agree to:
- Protect the information you receive from us against unauthorized access or use.
- Require your employees and contractors to keep such information confidential.
- Only show data obtained from a user access token on the devices associated with that token.
- Use cached data you receive from us to improve user experience on your application or website and keep it up to date.
- Keep under confidentiality your secret key and access tokens.
- If you are acquired by or merge with a third party, continue to use our data only within your application.
- If you stop using our API, promptly delete all user data you have received from us.
You may not:
- Use the API for any application that attempts to replace the essential user experience of our Website or Services (as defined in the T&Cs).
- Use the API to spam or harass users.
- Use the API to post automated content to the Website, including comments that were not initiated and entered by a user.
- Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use APIs.
- Use an unreasonable amount of bandwidth.
- Cache or store any Content other than as permitted in the license of such Content or, if no specific license then, for reasonable periods in order to provide the service you are providing.
- Use the API for any application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
- Use the APIs in any manner or for any purpose that violates any law or regulation, or any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
- Use our Website as a generic image hosting service for banner advertisements, graphics, etc.
- Use the APIs in a manner that adversely impacts the stability of the Website servers or adversely impacts the behavior of other applications using the APIs. Further, we reserve the right to rate limit or block applications that make a large number of calls to the API that are not primarily in response to direct user actions.
- Sell, lease, distribute or sublicense the APIs or access thereto for any reason.
You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of all or any portion of the APIs provided to you in compiled or object code format except to the extent you may be expressly permitted to decompile under applicable law.
Use of our Name
You may not make use of the CTwiz name, logo, trademarks or service marks (“CTwiz Marks”) without our prior written consent. You shall not use CTwiz Marks in the hostname of your application, i.e. CTwiz.mydomain.com.
Any use of the CTwiz Marks in your application must be less prominent than the logo or mark that primarily describes your application and you may not make any statement that your application or other software is “certified” or otherwise guaranteed or endorsed by CTwiz. In any event, any use of our name, logo, service marks and trademarks shall be in compliance with our instructions.
Ownership and Relationship of Parties
The APIs are protected by copyrights and other proprietary rights. Our rights apply to the APIs and any improvements and derivatives thereof. Your application and any rights therein belong to you. You may not remove any copyright notices included in our APIs and agree to abide by all applicable proprietary rights laws and other laws. CTwiz owns all rights, title, and interest in and to the APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by CTwiz, including (but not limited to) the APIs and CTwiz trademarks.
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT THE APIs MAY BE PRONE TO BUGS AND/OR STABILITY ISSUES. THE APIs ARE PROVIDED TO YOU “AS IS,” AND CTWIZ AND ITS LICENSORS DISCLAIM ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND. CTWIZ DOES NOT REPRESENT OR WARRANT THAT THE APIs ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
YOU ACKNOWLEDGE THAT CTWIZ MAKES NO EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE APIs INCLUDING ANY WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE API AND YOUR USE OF AND OUTPUT FROM THE API. We are not obligated to provide maintenance, technical support or updates for any API. The foregoing limitations, exclusions and limitations shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Limitation of Liability
IN NO EVENT WILL CTWIZ OR ITS LICENSORS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY DIRECT, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY EVEN IF CTWIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SINCE NO CONSIDERATION WAS PAID UNDER THIS AGREEMENT, CTWIZ' AGGREGATE LIABILITY AND THAT OF ITS LICENSORS UNDER OR IN CONNECTION WITH THESE TERMS OR ANY APIs SHALL BE LIMITED TO $1 USD. . Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Release and Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against CTwiz, and its licensors, subsidiaries, affiliates, employees, officers, agents, or other partners from any and all liability for claims, damages, costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the APIs. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any the laws of any territory to the fullest extent permitted by law.
You agree to hold harmless and indemnify CTwiz and its subsidiaries, affiliates, officers, agents, licensors, and employees from and against any third-party claim arising from or in any way related to your use of the APIs, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. CTwiz shall use good faith efforts to provide you with written notice of such claim, suit or action.
You agree to:
- Comply with the T&Cs and Conditions at http://CTwiz.co.il/legal/terms (“T&Cs”).
- Comply with any requirements or restrictions imposed on usage of any User Content, our Content (as such terms are defined in the T&Cs) and/or third party's content otherwise provided through the services on our Website (collectively “Content”) by their respective owners. Although the APIs can be used to provide you with access to such Content, your use of the APIs does not override Content owners' requirements and restrictions, Creative Commons licenses or other terms and conditions that may be agreed upon by the owners. In all cases, you are solely responsible for making use of Content in compliance with the laws and owners' requirements or restrictions.
- Remove from your application within 24 hours any Content or other information that we ask you to remove.
- You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
You may not:
- Proxy, request or collect CTwiz profiles, usernames or passwords.
- Sell, license, or purchase any data obtained from us or our services.
- Transfer any data that you receive from us (including anonymous, aggregate, or derived data) to any ad network, data broker or other advertising or monetization-related service except if such rights are permitted under specific license terms attached to such data.
- Put CTwiz data in a search engine or directory, or include web search functionality on CTwiz.
- We can analyze your application, website, content, and data for any purpose, including commercial.
- We can monitor or collect data related to your use of our APIs.
- You give us all rights necessary to enable your application to work with CTwiz, including the right to incorporate information you provide to us into other parts of CTwiz, and the right to attribute the source of information using your name or logos.
- We may use your name, logos, content, and information, including screenshots and video captures of your application, to demonstrate or feature your use of CTwiz, worldwide and royalty-free.
- You give us the right to link to or frame your application, and place content, including ads, around your application.
- We can audit your application to ensure it is safe and does not violate our Terms. If requested, you must provide us with proof that your application complies with our T&Cs.
- If you exceed 5M MAU, 100M API calls per day, or 50M impressions per day, you may be subject to additional terms.
- Each of us is an independent party and not a partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation or commitment for or on behalf of CTwiz.
- If any provision herein is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that the other provisions remain in full force and effect.
- These terms and the relationship between you and CTwiz shall be governed by laws of the State of Israel. You and CTwiz agree to submit any dispute to the exclusive jurisdiction of the courts in Tel-Aviv, Israel.
- Failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
- Headings contained in these terms are included for convenience only, and shall not limit or otherwise affect the terms. Any construction or interpretation on these terms shall not be construed against the drafter. These terms constitute the entire agreement between CTwiz and you with respect to the subject matter hereof.
- We do not guarantee that the APIs will always be free.