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.
In addition, Your access to and use of our application programming interfaces and related services (“the API Services”) is subject to US export control and sanctions laws, including the US Export Administration Regulations as well as sanctions regulations maintained by the US Treasury Department (together, "Trade Restrictions"). By accessing or using our API Services, you represent that you are neither (i) located, incorporated or resident in a jurisdiction or country subject to comprehensive US Trade Restrictions (currently: Cuba, Crimea, North Korea, Sudan, Myanmar, and Syria) (together, "Restricted Territories"), (ii) the government of a Restricted Territory, (iii) a restricted party identified on the US Treasury Department’s List of Specially Designated Nationals, the US Commerce Department’s Denied Persons List, Entity List or Unverified List, or other applicable restricted party lists, nor (iv) owned or controlled by, or acting on behalf of any of the foregoing (together, "Restricted Person"). You shall not, directly or indirectly, export, re-export, release or otherwise make the API Services available to, or access or use the API Services to collect, analyze or otherwise process any content of, any Restricted Person for which such activities are prohibited under Trade Restrictions. You must comply with all Trade Restrictions and other applicable trade-related laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to accessing, using, exporting, re-exporting, releasing or otherwise making our API Services available outside the US.
If we find any reason to believe that you have failed to meet the foregoing requirements, we reserve the right to terminate or suspend your access to all or any part of the API Services at any time, with or without cause, with or without notice, effective immediately. You agree that we will not be liable for any modification, suspension, or termination of access to the API Services or any part thereof.
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.
If you have 100 or more End Users, we provide additional service levels based on how many End Users you have, as further described in, and subject to the terms of, the Developer Level Terms (as updated or amended from time to time in our sole discretion, the “Developer Level Terms”).
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 email@example.com of any unauthorized use of any password or account or any other known or suspected breach of security.
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.
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.
As a Developer on the Context.IO platform, your Developer Status will be upgraded based on your End Users, providing you with access to the corresponding Service Levels and benefits set forth in the Developer Status table below for each Developer Status. Once you have obtained a Developer Status (or when you reach a new Developer Status), you will maintain that Developer Status unless and until you receive notice that your Developer Status has changed or that these Terms no longer apply to you, as determined by us in our reasonable discretion.
|Developer Status||End User* Minimum||Written Termination Notice Requirement**||Service Level|
*End User is defined as an end user of Developer’s software application or website that interfaces with the Context.IO Services.
**Written Termination Notice Requirement is an obligation to provide advance written notification of your decision to terminate the Context.IO Services to firstname.lastname@example.org. Upon such notice, and upon request, the Context.IO team will work with you to create and execute a transition plan as specified in each Developer Status. Failure to provide notice as required above and in these Terms will be deemed a material breach of these Terms.
Silver Service Level includes:
Gold Service Level includes:
Platinum Service Level includes Gold Service Level features and:
Context.IO will use commercially reasonable efforts to maintain a API Uptime (defined below) of at least 99.5%.
The following capitalized terms shall be given the meaning set forth below:
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the Context.IO API, or any other Context.IO API performance issues, that (i) are caused by factors outside of our reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of Context.IO or its direct hosting subcontractors (i.e., beyond the point in the network where we maintain access and control over the Context.IO API); (ii) result from any actions or inactions of Developer any third party (other than our direct hosting subcontractor); (iii) result from applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (iv) arise from our suspension and termination of Developer’s right to use the Context.IO Services in accordance with the Context.IO Terms; (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta or not otherwise generally available Context.IO features or products (collectively, the “Exclusions”).
In providing the Context.IO Services to a Developer that has attained a Developer Status, we will maintain the following support levels (“Support Levels”) following our receipt of Developer’s email Support Request (as defined below), submitted in accordance with Section 3 below. Developer’s Support Request will be acknowledged by a support engineer after the incident has been logged and a ticket generated, within less than two business hours. The applicable tier will be determined following receipt of the Support Request by Context.IO in its sole discretion.
Represents a complete loss of service or a significant feature that is completely unavailable. No workaround exist.
Intermittent issues and reduced quality of service affecting individual End Users. No workaround may be available.
Includes product questions, feature requests and general issues. A solution is available.
All Platinum level Developers receive Platinum Support VIP
Unless specifically provided otherwise, the Context.IO Terms shall continue to govern Developer’s use of the Context.IO Services and shall govern any Service Levels or other rights or obligations provided pursuant to these Terms. Any conflict, claim or liability that arises in connection with these Terms shall be governed by the Context.IO Terms.