Last updated: March 19, 2015
Thank you for your interest in SekurIT. The SekurIT Application Programming Interfaces (APIs) are a collection of services that allow you to manage vehicle maintenance, vehicle health, safety recalls, and other Content from SekurIT in your web pages or applications.
What does this agreement cover?
This is a Legal Agreement between you or your employer and SekurIT. In this Agreement, the word “you” refers to You or Your Employer that allows limited use of SekurIT API services.
Use this service for either educational, free, commercial, or government projects and products.
For mobile development or web applications.
On public or private websites, mobile site, mobile app, desktop application, or enterprise applications.
You may only use and access API Services using methods and means that are documented in SekurIT’s online Software Development Kit (SDK).
The information contained on the website is not meant to substitute inspection or repair by properly qualified automotive technicians.
You may not:
Create multiple administrative accounts.
Copy our data and create your own or similar service.
Terminating this agreement:
This Agreement will Terminate when and if you no longer desire to use the API Service, have exceed the limitations of the API Service, you have breached this Agreement, or Sekurit decides to end this service at any time deemed necessary.
When the API Service is Terminated for any reason you shall, remove the SekurIT Application Programming Interface (APIs) code from your implementation to terminate your service. You do not specifically or explicitly need to inform SekurIT that you intend to terminate service.
By accepting these terms and conditions, you represent that you have full power, capacity and authority to accept these Terms and you are over 18 years of age. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don’t have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms.
Section 1: Account and Registration
Grant of License. Sekurit grants you a limited, non-exclusive, non-transferable license to use this Software as a Service (SaaS), website, reports, Application Programming Interface (API), and other assets within the restrictions set forth below. No Sekurit software, information, ata, product, service, or other assets may be: cloned, replicated, compiled, simulated, used, stored, or reproduced in hardcopy form; distributed; sold or transferred by rental, license, sub-license, lease, lending or other method; redistributed to the Internet; posted to an intranet or extranet for any purpose other than as specifically provided for in this Agreement and the Terms. You are permitted to make one electronic or physical copy for backup purposes only. Other than the rights expressly granted to you by Sekurit, Sekurit retains all rights and license to the SaaS software, SaaS inputs and SaaS outputs.
YourSekurIT Account. You will need to create a SekurIT SaaS account in order to use Sekurit’s SaaS APIs. To register you must provide our email and verify the email is continuously up to date. You agree that any registration information , input or output data you give or transfer to Sekurit will always be accurate and up to date.
Section 2: Using our APIs
Scope of service. Sekurit offers vehicle diagnostics, service, maintenance and related information and software through an Application Programming Interface (API). This API is designed using REST (Representative State Transfer) architecture. This approach allows Sekurit to offer our SaaS solutions to a variety of organizations, regardless of the platform or technology.
Limited free use. You agree that these Terms are limited to 1000 total service requests. Sekurit may set further limits on the number of API requests that you can make, at its sole discretion. You agree to such limitations and will not attempt to circumvent such limitations.
Lawful use of the services. You agree to use Sekurit’s API, Software, Products Services and Content only for lawful purposes. In the event that your use of the Services violates any law, rule or regulation in any country or state, Sekurit shall have the right to immediately terminate this agreement.
Your End Users. You will require your end users to comply with any applicable law and these terms. You will not knowingly enable your end users to violate applicable law or these terms.
Feedback. If you provide feedback or suggestions about our APIs, then we may use such information without any legal obligation to you.
Section 3: Your Application
Application. The APIs are designed to help you enhance your websites, products, and services (Application). SekurIT reserves the right to investigate any Application for compliance with these terms. Such investigations may include Sekurit accessing and using your Application, for example to identify security issues that could affect Sekurit or its users. You consent to any such investigation in acceptance of this Agreement. Sekurit may suspend access to our APIs by you or your Application without notice if we reasonably believe that you are in violation of these terms.
Security. You will use commercially reasonable best efforts to protect user information collected by your Application, including personally identifiable information (PII) and Nonpublic Personal Information (NPI), from unauthorized access or use and will promptly report to SekurIT and your users any unauthorized access or use of such information.
Ownership. Ownership. SekurIT does not acquire ownership of your API Implementation or Application, and by using our APIs, you do not acquire ownership of any rights, title or license in our APIs or the content that is accessed through our APIs.
Section 4: Prohibitions
API Prohibitions. When using the APIs, the following prohibitions apply:
1. You will not perform an action with the intent of introducing to SekurIT products and services that contain any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
2. You will not defame, abuse, harass, stalk or threaten others.
3. You will not interfere with or disrupt the APIs or the servers or networks providing the APIs.
4. You will not promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
5. You will not reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
6. Certain developer credentials are, by their nature, considered confidential. You will not disclose such confidential credentials to any third party.
7. Our communications to you may contain SekurIT confidential information. If you receive any materials or communications that are clearly confidential or marked confidential, then you will not disclose the SekurIT confidential information to any third party without SekurIT’s prior written consent.
8. You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by or endorsement by SekurIT without SekurIT’s prior written approval.
9. You will not distribute or deliver any products or services that include or utilize any SekurIT Products or Services, directly or indirectly, to any customers or end users engaged in the retail automotive aftermarket.
Section 5: Abuse
Unusual usage. If SekurIT observes an above average number of service requests, SekurIT will open an investigation to determine the cause of the above average number of requests and communicate the conclusions to the customer within four (4) hours. In the event SekurIT observes sustained above average number of requests, SekurIT also reserves the right to reduce the level of service or deactivate the vehicle and impose a fee equal to 5 vehicles credits per vehicle SekurIT observes initiating an above number of requests.
Section 6: Termination
Term. This agreement continues while you use the software, products, and services of Sekurit and Sekurit’s Partners.
Termination. Termination. You may terminate your legal agreement with Sekurit by removing the Sekurit API(s) code from your implementation and deactivating your account. You do not need to specifically inform Sekurit when you stop using the service.
Right to terminate. Sekurit reserves the right to terminate these terms or discontinue the APIs or any portion or feature for any reason and at any time without liability or other obligation to you.
Suspension of Service and Removal of Customer Content for Violations of Law or Policy. Sekurit may suspend the Service, your access to Sekurit’s software, access or use of the products and services if you have violated a law or breached this Agreement.
Post-Termination Obligations. Upon termination of this Agreement or discontinuation of your access to an API, you agree to immediately stop using the API and delete any cached or stored content derived from use of Sekurit’s APIs. Sekurit may independently communicate with any account owner whose account(s) are associated with your Application and developer credentials to provide notice of the termination of your right to use an API.
Section 7: Liabilities for our APIs
warranties. Sekurit represents it has the rights, title and licenses to enter into this Agreement. Sekurit warrants that it will provide the Services in accordance with the applicable service level agreement.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, SEKURIT MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. SEKURIT MAKES NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH THE SERVICES.
No Consequential Damages.
EXCEPT WITH REGARD TO DAMAGES ARISING OUT OF PERSONAL INJURY, UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS INCURRED BY THE OTHER PARTY, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE..
Indemnification. Indemnification. You hereby agree to defend, indemnify, and hold Sekurit, its officers, directors, agents, affiliates, strategic partners, licensors and their suppliers (“the Indemnified Parties”) harmless from and against any claim or liability arising out of:
1. your use of the Sekurit API(s) in breach of the Terms in this Agreement;
2. your Sekurit API Implementation;
3. any claim that your Sekurit API Implementation or Your Content violates any applicable law, including but not limited to any claim that your Sekurit API Implementation infringes the rights of a third party.
You will cooperate as reasonably required in the defense of any claim. Sekurit reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the Sekurit API(s) may be irreparable; therefore, Sekurit is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction legal costs, in addition to all other remedies.
Section 8: General Provisions
Modifications to this Agreement and APIs. From time to time Sekurit reserves the right to make changes to this Agreement and the APIs. When these changes are made, Sekurit will make a new copy of the Terms available at this URL ....You understand and agree that if you use the SaaS Service after the date on which the Terms have changed, Sekurit will treat your use as acceptance of the updated Agreement. If a modification is unacceptable to you, you may terminate this Agreement by ceasing use of the API(s).
Severability. If any provision of these Terms are invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Assignment. These Terms constitute the entire Agreement between you and Sekurit in connection with, and govern your use of, the Sekurit SaaS Service and Content. These Terms completely replace and supersede any prior agreements between you and Sekurit, written or oral, in connection with the Service and Content..
EXCEPT TO THE EXTENT APPLICABLE LAW, IF ANY, PROVIDES OTHERWISE, THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ANY CONFLICT OF LAW PROVISIONS. YOU EXPRESSLY AGREE THAT JURISDICTION FOR ANY CLAIM OR DISPUTE RELATING TO OR ARISING OUT OF THIS AGREEMENT RESIDES EXCLUSIVELY IN THE FEDERAL AND STATE COURTS OF THE STATE OF CALIFORNIA AND EXPRESSLY CONSENTS TO THE PERSONAL JURISDICTION THEREOF. ANY SUCH DISPUTE SHALL BE SUBMITTED TO AND RESOLVED IN A COURT OF APPROPRIATE JURISDICTION IN ORANGE COUNTY, CALIFORNIA.
Section 9: Definitions
“Partners” Suppliers, customers, agent, reseller, vendors, contractors, or other persons or organizations with which Sekurit or you have a relationship with which furthers a common interest.
“Customer” Persons or organizations that subscribe to Sekurit SaaS APIs and integrate the APIs into their applications.
“Implementation” Is the set up, use, integration, or execution of Sekurit Software as a Service, products, data, or software.
“Application” The final product, service, website with Sekurit API Implementation.
“User/End User” Persons or organizations that make use of the Application.
“Content” Any data content provided through the Service and any derivative, include but not limited to vehicle scheduled maintenance, predicted failures, vehicle diagnostic information and solutions, or any other content.
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