Terms of Service

Your Agreement with Mashape

Mashape, Inc. ("Company") provides this website "Mashape.com" (the "Site") and the services described herein (the "Services") to generate API, infrastructure and get traction through a unified API marketplace. This page states the Terms of Use Agreement ("Agreement") under which you may use the Site. Please read this page carefully. By using this Site and our Services, you agree to be bound by this Agreement, whether you simply browse the Site or you become a registered customer. If you do not accept this Agreement, please do not use the Site.

User Eligibility

By registering for the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation. Your account may be terminated without warning if we believe that you are less than 13 years of age.

U.S. Government Restricted Rights

If you are a government, public, or municipal entity, this Amendment to the Terms of Service also applies to your use of Company and applicable Services.

Third Party Sites

As a convenience to you, Company may provide, on the Site, links to Web sites operated by other entities. If you select a link, you will leave the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Company makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Company or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Company or any of its affiliates or subsidiaries.

API pushed in Mashape by Developers

YOU OWN YOUR CODE THUS YOU OWN YOUR API AND YOU HAVE ALL THE RIGHTS (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS) IN IT. Every API on Mashape created by a developer, and whose API is built on top of their own service, will remain the property of the developer . If you are "wrapping" an API from a third party service, you must follow and respect the Terms of Service of that service whether it is made by an individual or a company. Mashape takes no responsibility with any APIs pushed onto the Site. Mashape does not ensure perfect functionality and integrity of any of those APIs created by developers.

API - Code of Conduct

Mashape reserves the right to remove from the Service any API that is not running properly, that is malfunctioning, that does not clearly state its purpose, that does not respect the Mashape Terms of Service and/or the Terms of Service of third party services. As an example, but not limited at, if an API is a wrapper around existing third party services and/or APIs. If your service is a paid usage API and bypasses our billing infrastructure, it may be removed from the Service unless previously authorized.

Privacy

Mashape has established a Privacy Policy to explain to Users how their information is collected and used, which you can read on our Site. Your use of the Services signifies acknowledgment of and agreement to the Mashape Privacy Policy. You further acknowledge and agree that Mashape may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, or, in its sole discretion, to protect the rights, property, or personal safety of Mashape, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

WARRANTY DISCLAIMERS

MASHAPE DOES NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SERVICE, AND THE SITE CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. MASHAPE CANNOT ENSURE THAT FILES, APPLICATIONS BY MASHAPE OR THIRD PARTY USERS OR DEVELOPERS, FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES. MASHAPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MASHAPE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.

Mashape disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Mashape users, developers, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site and our Service. Mashape is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party developers, advertisers or service and/or product providers referenced on or included in the Site to Mashape at terms@mashape.com. Mashape may investigate the claim and take appropriate action, at its sole discretion.

LIMITATION OF LIABILITY

IN NO EVENT WILL MASHAPE BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE AND/OR SERVICES, OR FOR ANY ERROR OR DEFECT IN THE SITE OR SERVICES OR YOUR API, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MASHAPE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT MASHAPE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, MASHAPE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES AND/OR THE FILES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.

CHANGES TO THE SERVICE

WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. MASHAPE PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, MASHAPE IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE DESKTOP SOFTWARE, OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. 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 EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Intellectual Property (Trademarks & Copyrights)

All trademarks not owned by Mashape that appear on this Site are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mashape. Mashape-originated content included on the Site, such as text, graphics, logos, data compilations and the compilation of all content on the Site, is the property of Mashape and its licensor and protected by US and international copyright laws. Except as set out in these Terms, no reproduction of any Mashape-originated content is permitted without written permission from Mashape. User-posted content is copyrighted, and any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license. You may not use any other features of the Site itself to allow the display of a substantial portion of the Mashape database or reproduce, duplicate or copy the Mashape Site.

Data Feeds and API

Mashape may provide access to portions of Services via RSS (Really Simply Syndication) feeds and an API (Application Programming Interface) from third party websites, services and companies. You must use the respected owner’s Terms of Service. Mashape asks that you use these features respectfully, as outlined in the documentation, in full accordance and respect of third party RSS or API policies.

Payments

Every paid usage API on Mashape must use our billing infrastructure.

- Fee Structure for API Providers: In exchange for providing the Service, Mashape earns a small portion of the API provider's monthly price, or the price for additional API calls once the monthly limit is reached. As an API provider, listing an API is free, but you agree to pay Mashape its service charge for the money earned via transactions that occur on the Service. As its service charge, Mashape takes a 20% fee from every transaction between the API provider and the API consumer on the Service. Some optional services, add-ons or functionality may incur additional fees but only with your prior written consent.

- Payouts for API Providers: Mashape operates on a Net 30 basis, meaning subscriptions are paid out 30 days from a plan’s activation date. Any accumulated overage fees will be distributed in the following month’s payout. Mashape will only payout when an API has generated greater than $5 USD in revenue.

- Payment Logistics for API Consumers: As an API consumer, you agree to pay the amount posted by the API provider with whom you have chosen to use. If you are interested in a Freemium or a Paid Usage API, you will be asked to provide a credit card and applicable billing address. Mashape will obtain pre-authorization for the total amount of the API monthly price. Pre-authorization provides assurance that you have the necessary funds available to cover the actual transaction. Your credit card is not charged during this process. Alternatively we may charge you $1 to verify that the card works. Within 24 hours your card will be charged the full balance (the price of the monthly plan) at the time of acceptance. Should you exceeded the monthly API calls included on the plan, you will be charged thereafter based on the price of additional API calls that you have generated. If the API is not working properly (please see the Refund Policy section for further information) during the next 30 days, charges could be refunded and the pre-authorization released. The funds will be held by Mashape until the 30th day since your payment; shortly thereafter, Mashape will remit the held funds to the API provider, less Mashape's service charge.

- Donations: Some API providers may pledge to donate a portion of the funds they receive to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the host does in fact make the donation they pledged to make.

- Privacy. Our privacy policy governs the handling, storage, and use of any information you submit to us, including credit card billing information.

- Taxes: Mashape does not do business as an owner or operator of API providers, nor is it a provider of APIs. Additionally, Mashape does not own, sell, manage and/or control API providers. Mashape does not act as an agent for any API providers or API consumer. Mashape merely makes available a marketplace for API providers and API consumers to meet and arrange for the use of APIs. Mashape is not a contracting agent or representative of the API providers or API consumers. Instead, Mashape's role is solely to facilitate the availability of this marketplace for the API providers and API consumers and to provide services related thereto, and any agreement for the use of any API is solely between the API provider and API consumer, and not Mashape. You understand that we are acting solely as an intermediary for the collection of APIs and fees between you and any API providers or API consumers with whom you choose to enter into a transaction. IRS regulation, regarding federal tax reporting requirements, stipulates that Mashape must collect IRS Form W-9 from any API providers whom are based in the United States that earn more than $600 in 2013. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. We cannot and do not offer tax advice to either API providers or API consumers.

- Payment Failure: If you are an API consumer, you are responsible for use of the API(s) under the rules of API providers. If we are unable to charge the card on file, you will be required to remit the payment immediately. If you do not remit the payment we may suspend your account for an indeterminate time.

Refund and Cancellation Policy

- Refund: Mashape may grant a refund to the API consumer under certain circumstances. After investigating a dispute, Mashape may refund the amount paid by the API consumer for the monthly access to a certain API. All refunds shall occur within 30 days from the date of the payment, or before Mashape has released the payment to the API providers (please see the Payment section for further information).

The Mashape service fee is not refundable.

- Cancellation: You can cancel your monthly subscription plans anytime and you will not be charged for the next month. However Mashape will not give a refund for that current month. If you are an API provider, you may cancel your use of the Site and/or Services at any time.

Attorney's Fees

The prevailing party in any action brought under this agreement shall be entitled to reasonable attorney's fees and costs.

Governing Law

This Site is controlled, operated and administered by Company from its offices within the United States of America. Company makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions are governed by the substantive laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in Delaware with respect to any dispute, disagreement, or cause of action related to or involving this Site. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on the Site, this Agreement constitutes the entire agreement between you and Company with respect to your use of the Site and our Services. To the extent there is a conflict between the terms of the Terms of Service on the Site and the terms of this Agreement, the latter shall govern.

Changes to this Terms of Service

Please check this Terms of Service periodically to inform yourself of any changes. Although we reserve the right to modify or supplement this Terms of Service, we will provide notice to you on this Web site of any major changes.

Any Questions?

If you have any questions about this Terms of Service, please contact us at terms@mashape.com