We're excited that you've chosen to develop on the Context.IO platform. At Context.IO, we believe in putting our members first. We created our API to enable developers to create fantastic applications without having to mess with archaic email protocols.
"API Client" means your software application or website that interfaces with the Context.IO Services and includes any services made available by you through that application or website.
"API Usage Fees" means the fees based on usage of the Context.IO APIs set forth in the Rate Schedule.
"Documentation" means all of the instructions, API specifications, code samples, help files and other documentation made available by Context.IO in connection with the Context.IO Services.
"End User" means an end user of an API Client.
"Context.IO API" means an application programming interface for the Context.IO Services (or feature of the Context.IO Services) provided to you by Context.IO.
"Context.IO Marks" means the trade names, trademarks, service marks, logos, graphics and/or domain names of Context.IO.
"Context.IO Properties" means the Context.IO website, Context.IO APIs, Documentation, and technical support made available by Context.IO to you in connection with the Context.IO Services.
"Rate Schedule" means the schedule of fees located at http://context.io/pricing, as such may be updated from time to time.
"Support Fees" means the support fees set forth in the Rate Schedule.
"Support Schedule" means the schedule of support located at http://context.io/pricing#premium-support, as such may be updated from time to time.
In using the Context.IO Services you will not, nor allow any third party to, do any of the following:
You understand and acknowledge that the features and functions of the Context.IO Services, including the Context.IO APIs, Documentation and Context.IO Properties, may change from time to time. You are solely responsible for ensuring that your API Client is compatible with the then-current version of the Context.IO APIs. We make no representation that our Context.IO APIs will be backward compatible. We may make an attempt to inform you of any changes with reasonable notice so that you can adjust your API Client(s) but we are under no obligation to do so.
You acknowledge that: (i) your access to and use of the Context.IO Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Context.IO Services for any reason or no reason, including, without limitation, as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Context.IO Services at any time with or without notice to you, on a service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to the Context.IO Services; (b) in the event of a denial of service attack or other attack on the Context.IO Services that may create a risk to you or to any of our other customers; or (c) in the event that we determine that any component of Context.IO Services is prohibited by applicable law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Suspensions"). We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. To the extent we are able, we may endeavor to provide you notice of any Service Suspension in accordance with the notice provisions set forth in the Notices section below and to post updates regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
You may access the Context.IO APIs only by the means described in the corresponding Documentation. If we provide you with authentication credentials, you must use them in conjunction with the Context.IO APIs as specified in the Documentation. You are solely responsible for all activity occurring under your authentication credentials and you shall notify us immediately of and use reasonable efforts to stop any unauthorized use of authentication credentials or any other known or suspected breach of security.
You must use commercially reasonable efforts to protect End User Content collected by your API Clients, including PII, from unauthorized access or use and must promptly report to your End Users any unauthorized access or use of such information. You bear sole responsibility for the security, protection and backup of End User Content. You shall notify us immediately at Support@Context.IO.com of any unauthorized use of any password or account or any other known or suspected breach of security.
This application uses features enabled by Context.IO. By using this application, you agree to share your information with third parties, including DokDok, Inc., its parent company, Return Path, Inc. and their affiliates (collectively "Context.IO Providers"), who provide the Context.IO services upon which we rely. By granting permission upon sign up or using the application, you acknowledge and agree that Context.IO Providers may access your personally identifiable information ("PII"). Your PII includes, but is not limited to, your name, email address, and authentication credentials. Context.IO Providers may use your PII to provide services and products requested by you and to enable its vendors and contractors to provide and assist in the provision of such services and products to you. If you wish to opt out of sharing your information with Context.IO Providers, you may do so by going to https://optout.context.io/.
In the event you elect to communicate to us suggestions for improvements to the Context.IO Services, the Context.IO Properties or the Context.IO Marks (collectively, "Feedback"), we shall own all right, title, and interest in and to the same, even if You have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information You post or provide to us via comments, forums, emails and the like (collectively, "Communications") shall be considered our property. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect, and/or maintain our rights to the Feedback and Communications.
With respect to any of the Context.IO Services that you elect to use, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of us), sub-licensees or transferees, any patent infringement or other intellectual property infringement claim with respect to such portion(s) of the Context.IO Services.
You agree to pay the API Usage Fees and Support Fees set forth in the Rate Schedule if and as applicable.
Unless otherwise stated in the Rate Schedule, you are responsible all applicable federal, state or local taxes and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees and surcharges, charged to or against us. You will not withhold any taxes from any amounts payable to us in connection with the Context.IO Services.
All fees payable by you hereunder shall be paid within thirty (30) days of such fees becoming due. We will notify you within the first five (5) days of the month following any month in which you have accrued fees under this Agreement.
Subject to your eligibility to receive support and payment of applicable fees, we will provide you support and, if applicable, service commitments, in accordance with the terms set forth in the Support Schedule.
OUR SERVICES AND PROPERTIES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES OR SOFTWARE. TO THE EXTENT THIS DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY END USER FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE CONTEXT.IO SERVICES MORE THAN THE GREATER OF $100 OR ANY AMOUNTS PAID BY YOU IN CONNECTION WITH THE SERVICES IN QUESTION DURING THE THREE MONTHS PRECEDING THE INCIDENT OR CLAIM.
Last updated on May 20, 2015