5 July, 2016

API Terms and Conditions

TERMS AND CONDITIONS AI Mining API

In subscribing to AI Mining services, you have accepted the purchase order as presented to you by AI Mining Limited or our designated affiliates. By your subscription, acceptance of the purchase order, and /or any use of AI Mining products or services, you or the entity that you represent (“Customer”), are unconditionally consenting to be bound by these Terms and Conditions and the applicable purchase order (The Agreement”).

This Agreement is effective as of the date of Subscription.

REPRESENTATIONS

You represent and warrant that you have the necessary power and authority to enter into this Agreement on the behalf of yourself and/or the entity you represent. You further agree to perform the obligations hereunder.

API LICENSE

Subject to the terms and conditions of this Agreement, during the Term, AI Mining Limited grants you a limited, non-exclusive, non-transferable, non-sub-licensable, non-assignable license to access and use the selected proprietary application programming interface solely to implement, integrate and use the AI Mining Services for personal or internal business purposes.

API KEY

AI Mining makes the API available to you electronically, requiring an AI Mining API Key for you to access the services. As a condition of receipt and use, of this Key it is acknowledged that API key is to be kept private. It may not be shared or otherwise disclosed to third parties. You acknowledge that it is your responsibility to protect this API Key. You also acknowledge that you will not create multiple accounts to get multiple API Keys at any time and under whatever circumstances.

API RESTRICTIONS

Provision of the AI Mining service is conditioned upon Customer’s proper use of the AI Mining API. Except as expressly authorized under this Agreement, Customer may not:

  1. Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer, create derivative works, decompile, modify, adapt or alter any part of the AI Mining API;
  2. Use the AI Mining API on behalf of any third party or otherwise make the API available over a network where it could be used by others;
  3. Create multiple accounts and/or use multiple API Keys;
  4. Publish information obtained through use of the API;
  5. Use the Product to reproduce copyrighted material;
  6. Use the AI Mining API to disable, interfere with, or override AI Mining Services in a manner that bypasses this Agreement or the API Key registration process, including but not limited to; proxy servers, spiders, robots or other technology;
  7. Use the AI Mining API in any manner that violates any laws directly or indirectly.

DATA LICENSE

As part of the AI Mining Service, AI Mining collects and generates certain content by aggregating information regarding publicly available web pages utilizing AI Mining’s proprietary technology. As part of the API Service, certain Data is made publicly available to end-users. Data does not contain any personally identifiable information regarding any end users. AI Mining owns all right, title and interest in and to all compiled Data and cataloging of Data as presented.

Subject to the terms and conditions of this Agreement, AI Mining grants to Customer a non-exclusive, non-sublicensable, non-transferable license to use, copy and modify the Data solely for Customer’s internal business purposes. Customer shall have no right to sublicense, sell, syndicate or otherwise share the Data with any third party.

You may only use the Data or Content output or provided by AI Mining for internal purposes only and, unless expressly authorized herein, you may not publicly release or disclose any data or usage statistics or other information regarding the Data or Content. You agree to and will make available to AI Mining any usage statistics or other information regarding the access and use of the AI Mining API.

ATTRIBUTION

Free subscribers using the AI Mining API and related Content or Data, shall agree to conspicuously display the AI Mining API logo to indicate that AI Mining technology is being used.

This graphic shall measure at least 200 by 100 pixels and be displayed on all web pages, documents or other renderings where AI Mining API Content or API data is used.

In addition you provide a clickable hyperlink to AI Mining which shall read: “Text Analysis by AI Mining API” within your website or application. Similar attributions must be used in all published and/or printed works, including but not limited to research papers and journal articles.

TRADEMARK LICENSING

AI Mining hereby grants a nontransferable, nonexclusive license to use AI Mining’s trademarks during the Term to display the AI Mining icon and to advertise the use of AI Mining’s API on your site or service. Licensee hereby grants to AI Mining a nontransferable, nonexclusive license under Licensee’s trademarks during the Term to advertise that Licensee is using AI Mining’s Services. Each party will submit advertising materials containing the other party’s trademarks to the other party before release to the public for inspection, and such other party will have the right to modify any such advertisements. Except as set forth in this Section, nothing in this Agreement shall be considered a grant or shall be deemed to grant to one party any right, title or interest in or to the other party’s trademarks. All use of Licensee’s trademarks by AI Mining shall inure to the benefit of Licensee and all uses of AI Mining trademarks by Licensee shall inure to the benefit of AI Mining.

TERM

Unless parties have specifically agreed otherwise in a negotiated or customized Purchase Order, this Agreement shall have an initial term of one month from the date of the Purchase Order (“Initial Term”). Thereafter, this Agreement will be extended automatically on a monthly basis unless either party gives 30 days prior written notice of its intent not to renew.

This Agreement may be terminated: (i) by Customer upon at least 30 days prior written notice to AI Mining provided that Customer shall be responsible for and shall pay to AI Mining any fees due; or (ii) by either party materially breaches this Agreement.

Upon termination or expiration of this Agreement all rights and obligations of the parties under this Agreement shall immediately cease, provided that certain rights and obligations, including but not limited to, the right to payment, shall survive.

PAYMENT

Unless otherwise set forth in a separate Purchase Order, terms of payment shall be due according to published subscription rates.

REFUND AND CANCELLATION POLICY

You may cancel your monthly subscription at anytime and you will not be charged for the following month(s). However AI Mining will not issue a refund for the current month.

CUSTOMER DATA

Any personal information collected from Customer will be securely held and processed in accordance with local law and will never be shared with or sold to third parties.

MODIFICATIONS

We may modify or amend these terms of use at any time without notice. It is your duty to read this page regularly.

If for any reason you are unable to comply with any modification or change you must stop using the AI Mining Services, or, if applicable, cancel your subscription. You will be deemed to have accepted the terms of use as amended if you continue to use any of AI Mining Services after any amendments are posted on the Site.

TERMINATION

AI Mining may immediately suspend access to the AI Mining API and/or terminate this Agreement at any time, with or without cause. If you wish to terminate this Agreement you may do so by discontinuing use of the services. AI Mining will not be liable for any costs, expenses, or damages as a result of either party choosing to terminate this Agreement. Upon termination of this Agreement, you will promptly cease using the Services and Content.

COPYRIGHT POLICIES

You acknowledge that all title, intellectual property, and licensing rights to the content or data available through AI Mining Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

In all output, products or services provided to you, AI Mining expressly reserves any and all rights not specifically granted to you herein.

Further, you understand that AI Mining may retain a copy of the metadata generated by the AI Mining Services. By generating metadata through AI Mining Services, you grant AI Mining a non-exclusive perpetual, sub-licensable, royalty-free license to that metadata.

COPYRIGHT INFRINGEMENT

If you believe that your own copyrighted work is accessible on the Service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains the following written information:

A description identifying in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so it may be accurately located using the URL. Where multiple works are at issue please provide a list of URLs or sufficient information to locate the alleged infringing material.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:
  2. A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
  3. A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  4. Also include your name, mailing address, telephone number and email address.

For additional questions or to forward your Notice of claims of infringement to AI Mining’s Copyright Agent please contact us.

DISCLAIMER

The AI Mining API, all related Services and Data are provided “AS IS” on an “AS AVAILABLE” basis without warranty or condition of any kind. AI Mining disclaims all warranties; express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranties or conditions arising out of course of dealing or usage of trade. AI Mining is not responsible or liable (and makes no representation or warranty) for the accuracy, content, completeness, legality, reliability, or availability of the API.

INDEMINIFICATION

You will defend, indemnify and hold AI Mining harmless against any third party claims, liabilities or expenses incurred (including reasonable attorneys’ fees), as well as amounts finally awarded in a settlement or by a court arising from any claim or allegation by a third party arising out of (i) allegations that AI Mining’s use infringes or misappropriates any trademark, copyright or other intellectual property of any third party, (ii) Customer’s use of Data, (iii) AI Mining Services or the AI Mining API that are modified by Customer if the alleged infringement relates to such modification; (iv) AI Mining Services or the AI Mining API that are combined with any Customer product, process or materials where the alleged infringement relates to such combination; (v) Customer’s use of a version of the AI Mining Services or AI Mining API other than the version that was current at the time of such use; (vi) infringement or misappropriation of any proprietary right in which Customer has an interest; or (vii) your breach or alleged breach of any of your obligations or representations under this Agreement.

LIMITATION OF LIABILITY

IN NO EVENT WILL AI Mining BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER (INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, OR USE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE CONTENT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GENERAL

This Agreement will be governed by and construed in accordance with the laws of the United Kingdom.