Thank you ("You", "Your", or "Developer") for using the Mivatek API service. By using the Mivatek API service (the "Service" or "Mivatek API") You agree to be bound by the following terms and conditions (the "Terms").
Subject to Your acceptance of and compliance with these Terms, Mivatek hereby grants You a limited, non-exclusive, non-transferable, non-sublicenseable, revocable right and license during the term of this Agreement, to access and use the Service, solely in accordance with these Terms. Unless explicitly stated otherwise, any new features and/or capabilities provided by Mivatek that augment or enhance the current Service shall also constitute "Services" and shall be subject to these Terms.
The Service is made available to You for Your legitimate personal and commercial use. You must have a valid Mivatek account to use the Service. You may only have one Mivatek account and you may not create any script or other automated tool that attempts to create multiple Mivatek accounts. Different Service capabilities may be available to Your account, and different API rate limits and/or usage limits may be applied to Your account based on the level of Service chosen and payments (if any) made. You may not use any means, including the registration and use of multiple accounts, to attempt to circumvent these limits. You may create connected devices or write software applications (each an "Application") that interface with the Service. The Service allows You to authorize Applications used by You or third party to access the Service on your behalf. You may not allow any unauthorized third party to access the Services for any purpose whatsoever. You and any Applications that You may build, distribute, or otherwise create may make network calls or requests to the Services at the time that the Services are available, provided that those requests do not violate the Terms and Conditions of Use for Mivatek Services or these Terms. Furthermore, you may not use the Mivatek API in any manner that either directly or indirectly violates any laws or proprietary rights. This includes laws and proprietary rights in the United States as well as in other countries.
You acknowledge that Mivatek may change or republish APIs for any Service or feature of a Service from time to time, and that it is Your responsibility to ensure that calls or requests You make to or via our Service are compatible with then-current APIs for the Service. Mivatek is under under no obligation to inform You of any changes or republication so You should chek the latest APIs for the Service from time to time to adjust Your Application. Mivatek may make available, under another license agreement, additional content or software that aid and assist you in using the Service. Any such content or software will be marked with a license indicating the usage rights available for that content or software. Notwithstanding the above, Mivatek shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur with respect to loss of data associated with Your account and data therein. You agree not to remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Mivatek API. You also acknowledge that Mivatek owns all right, title and interest in and to the Mivatek API, including without limitation all intellectual property rights (the "Mivatek Rights"). The Mivatek Rights include but not limited to the rights of the following: (1) the APIs developed and provided by Mivatek, and (2) all software associated with the Mivatek API server. The Mivatek Rights do not include the following: (1) third-party components used as part of the Mivatek API; or (2) software developed by You in conjunction with using the Mivatek API. You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Service for any purpose whatsoever.
So long as you comply with your obligations under these Termst, you may indicate that a product or service that You created either makes use of or is based on the Mivatek API, provided that those products or services do not in Mivatek's opinion (1) tarnish, infringe, or dilute Mivatek 's trademarks, (2) violate any applicable laws, or (3) infringe any third-party rights. If you wish to use the Mivatek or Mivatek trademarks and/or logos in any other manner, you must obtain Mivatek 's prior written consent.
Mivatek disclaims any responsibility for any harm resulting from your use of the Mivatek API. The Mivatek API service is provided "as is," with no warranties whatsoever. Mivatek expressly disclaims to the fullest extent permitted by laws all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Mivatek disclaims any warranties regarding the security, reliability, timeliness, availability, and performance of the Mivatek API. You understand and agree that you use the Mivatek API at Your own discretion and risk and that You will be solely responsible for any damages to Your computer system or loss of data that results from the download or use of the Mivatek API. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
The Mivatek API service is being provided free of charge. Accordingly, you agree that Mivatek shall have no liability arising from or based on your use of the Mivatek API. Under no circumstances shall Mivatek be liable to any user on account of that user's use or misuse of the Mivatek API. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if Mivatek has been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Mivatek API, from inability to use the Mivatek APIs, or from the interruption, suspension, or termination of the Mivatek APIs (including such damages incurred by any third party). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by laws. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to You.
Indemnification You hereby agree to indemnify, defend and hold Mivatek , and its officers, directors, agents, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of Your use of the Mivatek API, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Under Mivatek's sole discretion Mivatek reserves the right to assume the exclusive defense and control of any claim .
If you wish to terminate these Terms, you may simply cease using the Mivatek API service and delete your Mivatek account. Mivatek may also terminate these Terms (and your account) at any time, with or without cause.
General provisions These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws or your actual state or country of residence. Any dispute arising from these Terms shall be adjudicated in the federal or state courts located in the county of Alameda, California. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by Mivatek.