1. You may use this API and the data made available by Automotive Ventures, LLC d/b/a OEMBuildData.com (“OEMBuildData” “we” “us”) through this API (the “Data"), in connection with a website or software application developed by you (your "Application”) only in accordance with these Terms of Service (“ToS”), the API Documentation (located at https://www.OEMBuildData.com/terms/) and your API Client ID(s) and API Key assigned to you by us (all of these items are incorporated herein and collectively referred to as this “Agreement”).
2. OEMBuildData is still evolving, and we need the flexibility to make changes to our ToS, API Documentation and/or our APIs. We will try to give you notice of these changes, however, it is your responsibility to review our ToS and API Documentation from time to time to familiarize yourself with any changes. Your continued use of the API and Data after any such modifications, whether you receive notice or not, will constitute acknowledgement of the modified ToS and/or the API Documentation, and agreement to abide and be bound by the modified ToS and/or API Documentation, as applicable. If any change in unacceptable to you, then your only recourse is to stop accessing the API.
3. You are not required to attribute the source of the Data to us.
4. These ToS do not restrict your use of the Data as long as you comply with applicable laws and refrain from compiling the Data into a database similar to our database and selling the Data to third parties in competition with us. If you have any questions about whether your intended use is in competition with us, please contact us.
5. Use of our API is on a per-transaction, pay-as-you-go basis. You are not required to commit to a minimum usage. Your access to the API will be logged by us and an invoice prepared and sent to you on a monthly basis. You have up to 30 days to pay the invoice. Failure to pay on a timely basis will result in termination of your access credentials.
6. You will not attempt to exceed or circumvent limitations on access, calls and use of the API, or otherwise use the API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of this API ToS or the API Documentation.
7. You may not transfer or share your account with anyone. You are solely responsible for maintaining the confidentiality of your password and account. You must take reasonable steps to ensure that others do not gain access to your password and account. You may not misrepresent your identity when registering for use of the API, use the credentials licensed to a different individual or entity, or mask your usage of the API.
8. You may not interfere or attempt to interfere in any manner with the proper workings of the API. You may not take any action that breaks or circumvents any of our technical, administrative, process or security measures, that disrupts or degrades the performance of the API, or that tests the vulnerability of our systems or networks.
9. You may not transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data of ours.
10. You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the API or portion thereof.
11. As between you and us, we own all rights, title, and interest, including all intellectual property rights, in and to the API, the API Documentation, and our database compilation of the Data.
12. We may change, suspend or discontinue the API and suspend or terminate your use of the API at any time and for any reason or no reason, without notice and without liability to you.
13. You are responsible for complying with all applicable laws, rules and regulations.
14. This Agreement is a non-exclusive agreement.
15. THE API AND ALL RELATED COMPONENTS AND DATA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND OEMBUILDDATA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OEMBUILDDATA DOES NOT WARRANT THAT THE API AND DATA WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE API OR DATA. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL OEMBUILDDATA BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, FIVE HUNDRED ($500) U.S. DOLLARS, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
16. The Agreement is governed by Georgia law, except for Georgia’s conflicts of laws principles, and all claims arising out of or relating to this Agreement or the OEMBuildData services and programs shall be litigated exclusively in the federal or state courts of Fulton County, Georgia, and you and OEMBuildData consent to personal jurisdiction in those courts. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention, and remaining provisions of the Agreement will remain in full effect. You shall not assign or otherwise transfer any of your rights or delegate your obligations hereunder and any such attempt is null and void. You and OEMBuildData are not legal partners or agents, but are independent contractors.
17. If you have questions about these API ToS, or wish to make use of our API in any way not permitted by this API ToS, please contact us via email at email@example.com