Please read these terms carefully. If you do not agree to be bound by these terms, you must not use the service. Your continued use of the service implies acceptance of these terms.
By using or accessing the Service, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, or if you do not have the legal capacity to accept this agreement, you cannot use Apirocket.
This Agreement is effective as of the date you, the Customer, click to accept the Agreement (the "Effective Date"). By accepting this agreement and creating an account on Apirocket platform, you represent and warrant that: (i) you are 18 years of age or older; (ii) you have full legal authority to be bound as a Customer to this Agreement; (iii) you have read and understood this Agreement.
If you are registering for a Apirocket account on behalf of an entity or other organization, you are agreeing to these terms for that entity or organization, and are representing to EXISTO that you have the authority to bind that entity or organization to these General Terms and Conditions (and, in which case, the terms “you”, “your” and “Customer” will refer to that entity or organization).
1.1. "Agreement" means these General Terms and Conditions together with appendices and other documents incorporated herein by reference.
1.2. The term “Customer” means the person who makes the purchase of the Services indicated in this Agreement and/or in the order form, and if applicable, the entity or entities you have signed up on behalf of.
1.3. The term "Supplier" indicates EXISTO, as identified above, who offers the Service defined below through the website www.Apirocket.io.
1.4. The term "Users" means private individuals, Customer's employees or representatives, partners, distributors, customers, consultants, contractors or other associates who are authorized by the Customer to access and use the Apirocket Service.
1.5.The term "Service" or “Services” means the Software as a Service (SaaS), based content management and publication services, programs, functions, frameworks and platform provided by EXISTO to you (including the Apirocket APIs, Documentation and technical support) and any content that belongs to EXISTO and/or its partners or suppliers that is not Customer Data, as well as any subsequent updates or upgrades of any of the foregoing made available by EXISTO.
1.6. The term "Site" refers to the web page www.apirocket.io.
Subject to the terms of this Agreement, EXISTO hereby grants to Customer a non-exclusive, limited, non-transferable subscription and license to access and use the Apirocket Services for its intended purpose. If Customer is an entity, such rights may, as set individually by EXISTO and agreed between the parties, be restricted to access and use only for a certain amount of Users.
Every Account belongs to the individual who has created it, and every activity performed while a person is logged-in is, by default, attributable to that person. Every account is meant for individual use and cannot be shared among different people. An email address can be used only one time to create an account. Account credentials cannot be shared with other individuals and username and password must be kept safe and secret.
The Customer is responsible for maintaining the confidentiality of their Account password and for the security of their Account. By creating an account in Apirocket, you are obliged to notify EXISTO immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password by writing to support@Apirocket.io. You will also immediately report to EXISTO any security flaws you discover while using Apirocket.
EXISTO reserves the right, in its sole discretion, to determine what constitutes a security flaw. Failure to report such flaws or unauthorized accesses, particularly prior to public disclosure, shall be considered a material breach of this Agreement. In compliance with any applicable laws and to these terms, you may not do any of the following while accessing or using Apirocket:
To create an account by registering on the Site, the User must fill in a form with the mandatory and possibly optional data, namely: name, e-mail address and password; ended this phase, the user must click on the "Register" button. At the end of this process, the User will be registered. Such credentials will be necessary for access to the purchase of services offered on the Site.
The creation of an account allows the User who intends to proceed with the purchase of the service through the Supplier's website, to carry out directly through this site, among other things, the following activities: a) saving and modifying personal data; b) access to all information relating to orders; c) management of personal data and updating of such data at any time.
The User guarantees that the information provided during the registration process is complete, correct and true. The Customer, and each User, accepts to hold the Supplier harmless from any damage, indemnity and / or sanction deriving from or in any way connected to the violation by the User of the rules on registration on the Site or on the preservation of the Registration Credentials.
By creating an account the User declares to be older than 18 years of age. The User is therefore exclusively responsible for accessing the Site through his Registration Credentials.
The Customer, and each User, is directly responsible for any damage or harm or losses direct or indirect caused to the Supplier or to third parties from improper use, loss, misappropriation by others or from the failure to protect adequate secrecy of their registration credentials. All transactions made through the Registration Credentials are considered to be made by the User to whom they refer.
By registering on the site, the User agrees to receive communications from the Supplier, aimed at the execution of this contract. The User may request at any time not to receive further communications via e-mail while maintaining the ability to access and use the Site by unsubscribing either from the email management system as indicated in the email footer, or by writing to the customer service.
The Supplier reserves the right to refuse, at its sole discretion, the registration of a User on the Site.
The Supplier reserves the right to refuse orders which are abnormal in relation to the quantity of services purchased or the frequency of purchases made on the Site, as well as in relation to improper use.
The User may cancel his account at any time by accessing the account and follow the instruction to delete the account, or by writing to the customer service.
Apirocket is available in a free version and a paid version. The Supplier informs the User that: a) to conclude the purchase of one or more services through the Site, the User must complete an order in electronic format and transmit it to the Supplier via email or website form b) the Supplier sends the User an e-mail confirming and summarizing the order; c) before proceeding with the transmission of the order, the User will be able to identify and correct any data entry errors by following the instructions on the Site or to modify the order; d) after the transmission of the order via email, the User may modify it before the Supplier has enabled the services, and in any case no longer than 24 (twenty-four) hours days after the Service has been enabled.
The language available to the User for the conclusion of the contract is English. Customer Service is able to communicate in English and Spanish.
From time to time we may invite you to try, at no charge, functionality, products or services that are not generally available to the public ("Beta Services"). You may accept or decline any such trial in your sole discretion. Any Beta Services will be clearly designated as beta, pilot, limited release, developer preview, nonproduction or by a description of similar import. Beta Services are provided for evaluation purposes and not for production use, are not supported, may contain bugs or errors, and may be subject to additional terms. BETA SERVICES ARE NOT CONSIDERED "SERVICES" HEREUNDER AND ARE PROVIDED "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY. We may discontinue Beta Services at any time in our sole discretion and may never make them generally available.
EXISTO will keep the system and server active and available without any right on your side to have personalized support, unless you have a separate agreement with us or you have purchased a billing plan that includes additional support.
If Apirocket Services are provided free of charge, they are provided without representations or warranties of any kind. If Apirocket Services are provided for a fee, EXISTO may commit to specific support levels and services for its Customers. These support levels and service commitments will be subject to the terms and conditions for the specific Service Plan the Customer signs up for, and which are incorporated herein by reference.
You are solely responsible for providing all support and technical assistance to your end users, if you have any. You acknowledge and agree that EXISTO has no obligation to provide support or technical assistance directly to your end users and you shall not represent to any of your end users that EXISTO is available to provide such support.
You can communicate with us anytime using our customer service address support@Apirocket.io. However, this Agreement does not entitle you to any support for the use of Apirocket, unless you make separate arrangements with EXISTO any such support provided by EXISTO shall be subject to the terms of this Agreement as modified by a separate support agreement.
After having created an account, Users may access their Apirocket account data via a dashboard or an API (Application Program Interface). Any use of the API, including use of the API which run/operate through a third-party product that accesses APICROCKET, is bound by these Terms of Service plus the following specific terms:
The Customer acknowledges that EXISTO may change, deprecate or republish Apirocket APIs for any Apirocket Services or feature(s) of the Apirocket Services from time to time, and that it is the Customer’s responsibility to ensure that calls or requests the Customer makes to the Apirocket Services are compatible with then-current Apirocket APIs for the Apirocket Services. Although EXISTO endeavors to avoid changes to the Apirocket APIs or Apirocket Services that are not backwards compatible, if any such changes become necessary EXISTO will notify you at least ten (10) days prior to EXISTO’s implementation of any such incompatible changes to the Apirocket Services of which it becomes aware.
To create a User account or otherwise use the Apirocket Services, EXISTO collects and processes certain personal data in connection with providing the Apirocket Services.
You understand that EXISTO uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You understand that the technical processing and transmission of the Service, including your Content, and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
EXISTO reserves the right to monitor your use of the Apirocket for any reason or no reason, including to ensure your compliance with the terms and conditions of this Agreement. The list of our third party provider can be retrieved here: https://www.Apirocket.io/legal/privacy/.
For purposes of this Agreement, "Content" is all Data or Content that is posted or otherwise provided or transferred to be displayed via Apirocket by a User.
When you transfer Content to EXISTO through Apirocket, you give EXISTO a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which Apirocket features are available).
The rights you grant in this license are for the limited purpose of operating the Apirocket in accordance with their functionality, improving Apirocket, and allowing EXISTO to develop new Services or features. Apirocket does not pre-screen Content, but EXISTO and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via Apirocket.
You also agree that you will respect the intellectual property rights of others, and represent that you have all of the necessary rights to grant us this license for all Content you submit to Apirocket. You shall defend EXISTO against any claim, demand, suit or proceeding made or brought against Apirocket by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Apirocket for any damages finally awarded against, and for reasonable attorney's fees incurred by, Apirocket in connection with any such claim, demand, suit or proceeding.
By publishing or uploading Content to the Site or the Services, you acknowledge and agree that:
Each service offered on the Site is accompanied by an information sheet that illustrates the main features and pricing model.
Any video and/or photographic images in digital format accompanying the description of the service offered are for illustrative purposes only. The image has the sole purpose of presenting the service for sale and explain its functionalities and, to this end, is representative of its characteristics.
The prices indicated for each of the services offered to the public are valid until the date indicated in the order form and, in any case, no further than the time when the website was accessed.
Customer agree to pay subscription price, additional usage fees and any other fee set forth in Apirocket’s Service Plan in effect upon conclusion of the Agreement, or any other order forms for the Apirocket Services ordered by you in writing and accepted in writing by EXISTO.
All sales prices of the services presented and indicated on the website www.apirocket.io, are expressed in US Dollars and do not include VAT and any other tax.
If the Supplier is in the absolute necessity to modify the service performance conditions or the price after the start of the service, he must give adequate notice to the User, who can freely choose whether to continue the contract with the new conditions or withdraw, without additional costs or penalties. The choice must be communicated in writing to the Supplier within the following 7 (seven) days.
Except as otherwise mutually agreed upon in writing or expressly set forth herein:
All communications relating to payments are made on a specific line offered by a third party chosen by the Supplier and protected by an encryption system. The Supplier makes available the list of the third party services used for the payment and for the maintenance of the services at the following address: https://www.apirocket.io/legal/security/.
The Supplier chooses third parties that guarantee the utmost compliance with the provisions of current legislation on the protection of personal data.
For reasons of security of transactions, the Supplier reserves the right to request the sending of the details or a copy of an identity card of the holder of the Credit Card.
Simultaneously with the sending of the confirmation e-mail and order summary, the amount corresponding to the service(s) purchased will be charged to the User. In the event that, for any reason, the due fees cannot be withdrawn, the process of sale is automatically canceled and the sale automatically canceled.
The Supplier will issue the invoice of the service(s), sending it via e-mail to the order holder within 48 (forty-eight) hours from the confirmation e-mail and order summary and by making it available on the personal page of the User. The information provided by the User will be used to issue the invoice. No variation of the data will be possible after the issuance of the receipt itself (or of the invoice if requested).
Overdue amounts shall accrue interest at the rate of 1.5% per month, or at the highest legal interest rate, should it be lower than this figure. EXISTO reserves the right to discontinue the Apirocket Service and suspend all access to the Apirocket Service if any fees set forth in the Service Plan are more than thirty (30) days overdue, until such amounts are paid in full.
Customer shall ensure that it maintains complete, accurate and up-to-date Customer billing and contact information via the online account section of the Apirocket Service at all times.
Customer shall only use subscriptions as intended and is liable for compensation if manipulating subscriptions beyond Fair Use.
The only costs payable by the User for exercising the right of withdrawal pursuant to this point and subsequent are the direct costs of returning to the Supplier any instrumental goods supplied with the Service.
The Supplier reimburses all payments received from the User, without undue delay and in any case within 14 (fourteen) days from the day on which he is informed of the User's decision to withdraw from the contract, using the same payment method used by the User for the initial transaction, unless otherwise agreed and on condition that the User does not incur any costs as a result of the reimbursement.
You may freely state and disclose that you are using Apirocket services albeit not in a manner that creates or may imply the existence of a commercial partnership when there is none nor create a sense of endorsement, sponsorship, or association with EXISTO, unless you have been expressly permitted by EXISTO, in writing, to do so.
You cannot include our trademarks or any marks that are confusingly similar to or derivative of our trademarks as part of your trade name (registered or otherwise), logos, or other identifiers or in the services you will provide by using Apirocket.
Any other use of Apirocket trademark is prohibited unless we specifically give you a written permission.
EXISTO shall have the right to aggregate, collect and analyse data and other information relating to the provision, use and performance of the Apirocket Services in ways that do not permit identification of any individual and shall be free (during and after the Term hereof) to (i) use such data and other information to develop and improve the Apirocket Services and other Apirocket offerings, and (ii) disclose such data and other information solely in an aggregated and anonymized format that does not permit identification of any individual.
This Agreement comes into effect on the date this Agreement is accepted by Customer and will be renewed automatically unless the User downgrades or cancels their subscriptions.
Either party may terminate this Agreement at any time.
Customer may terminate its account at any time through the account management tools available through the Apirocket Service. EXISTO may terminate Customer's account at any time with fourteen (14) days’ notice. To the extent Customer has pre-paid any fees for a specific time period, such termination for convenience will be effective on date set in termination notice. For further information regarding the reimbursement please refer to clause above.
EXISTO may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement.
EXISTO may also terminate or suspend Customer’s account immediately for cause if:
Note that no refund will be provided in the event of any suspension or termination of Customer’s account because of Customer’s breach of these terms and conditions.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease.
As a consequence of termination, your content will be deleted immediately from the Apirocket Service, and in any case in no longer than 7 (seven) days from the confirmation that your communication to terminate has been received by us.
We cannot guarantee a backup after the Account deletion. After the cancellation process has started, we will make any reasonable effort to proceed to the deletion of your Account. All Content in your Account will also be deleted. This information cannot be recovered once your account is terminated.
You acknowledge and agree that: (a) caching, specifically from search engines, may not be immediately removed; (b) such removed Content may persist in backups (not available to others) for a reasonable period of time.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to EXISTO or any third party.
Your free of charge access to and use of Apirocket has no support and you can use it at your own risk. You understand and agree that Apirocket, its features, APIs, additional services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the full extent permitted by law, save in cases of gross negligence or willful misconduct on our side, EXISTO disclaims all warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
To the extent a Customer has signed up for Apirocket Services against a Fee and Apirocket has committed to a Service Plan, Apirocket warrants that it will use commercially reasonable efforts to meet the requirements as agreed between the parties in such Service Plan.
In the event of any breach of EXISTO’s warranty above, EXISTO will correct the relevant defect of a non-conforming Apirocket Service in accordance with the agreed specifications at no additional charge to the Customer.
In the event that EXISTO is unable to correct a non-conforming APROROCKET Service within a reasonable time period, Customer may claim a reduction in fees proportionate to the defect and claim a refund of any pre-paid fees exceeding the accordingly adjusted total or terminate the Apirocket Services in question.
You as a Customer warrant that you have the necessary rights, licenses, consents, permissions, waivers and releases to use, make available and distribute the Customer Applications and Customer Data in connection with the APIRCOCKET Services as contemplated herein, and that you and any of your designated Users (if applicable) will abide by the obligations and restrictions for use of the Apirocket Services as set forth herein.
EXISTO makes no representations or warranties of any kind with respect to Apirocket, including any representation or warranty that the use of Apirocket will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. No advice or information, whether oral or written, obtained from EXISTO will create any warranty not expressly made herein.
The use of Apirocket Services is at Customer's own risk, and Customer is fully responsible for any claim, expense, liability, or losses arising from any infringement of the Agreement.
Without prejudice for the warranties and disclaimers that may apply under Section 7 above, each party is only liable for damages caused intentionally or with gross negligence, in accordance with statutory mandatory law.
EXISTO shall not be liable for:
This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not EXISTO has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose.
The total liability of EXISTO for any claim under this Agreement, including for any implied warranties, is limited to the amount you paid us to use the Apirocket Service(s) and shall not exceed the amounts actually paid by Customer to EXISTO in the twelve (12) month period immediately preceding the party's formal written notice of the claim for liability hereunder.
Free version is not subject to any liability nor EXISTO will accept claims for any damage or losses, direct or indirect.
EXISTO assumes no responsibility for disruptions caused by unexpected force majeure, if he is unable to execute the order within the time stipulated in the contract or if he finds himself in the condition of not being able to provide the service in whole or in part as promised.
EXISTO reserves the right, in its sole discretion, to modify this Agreement at any time. We will notify you that this Agreement has changed via e-mail if commercially reasonable.
Modifications are effective when posted. You are responsible for reviewing any modifications to this Agreement and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified.
You and EXISTO agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section unless otherwise specified in writing.
Before resorting to litigation, we strongly encourage you to contact us to seek a friendly resolution. In case an agreement cannot be reached, this Agreement shall be governed in all respects by the laws of Spain without regard to conflict of law provisions. You agree that any claim or dispute you may have against EXISTO must be resolved exclusively by a state court located in Sevilla, Spain, except as otherwise agreed by the parties.
You agree to submit to the personal jurisdiction of the courts located in Sevilla, Spain, for the purpose of litigating all such claims or disputes.
During the term of this Agreement, and for two years subsequent to its termination, the parties shall treat as trade secrets and not disclose confidential information and material which by its nature must be regarded as trade secrets and which they gain awareness of or access to at the other party through this Agreement. EXISTO understands and agrees that the Customer Data is considered confidential information and shall be treated as such. The same shall apply to all material that is marked confidential or information on a person's personal details, information which may harm one of the parties or which may be exploited by third parties in the business sector. The parties will endeavor to take all necessary precautions.
This Agreement, as modified from time to time, constitutes the entire agreement between you and EXISTO with respect to the subject matter hereof.
This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
If any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to Customer of pre-paid fees for your subscription covering the remainder of the term.
Third party components (which may include open source software) of the Apirocket Services may be subject to separate license agreements. To the limited extent a third party license expressly supersedes this Agreement, that third party license governs Customer’s use of that third party component. This Agreement is not assignable, transferable, or sublicensable by you except with EXISTO prior written consent.
EXISTO may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind EXISTO in any respect whatsoever. Any notice to EXISTO that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to E-XISTO Diseño Web S.L., c/ Pepe Corzo 2, 1ª Planta, 41500 Alcalá de Guadaíra (Sevilla), Spain
Versión: 0.1.0 - Sevilla 4 noviembre 2020