1. ACCEPTANCE OF TERMS
If you are entering into this API TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this API TOS. In that case, the terms “you” or “your” shall also refer to such entity. If you do not have such authority, or if you do not agree with this API TOS, you may not use the FileHound API. You acknowledge that this API TOS is a contract between you and FileHound, even though it is electronic and is not physically signed by you and FileHound, and it governs your use of the FileHound API.
2. API KEY DEFINITIONS
- Application – Any software application, website, or product you create or service you offer using the FileHound API (defined below).
- API Documentation – The documentation, data and information that FileHound provides regarding the use of the FileHound API.
- Data – means any data and content uploaded, stored, transmitted or otherwise made available by users via the Services, including documents, files, profile information and anything else entered or uploaded into FileHound by a user of FileHound.
- FileHound API or “our API” – The publicly available FileHound Application Programming Interface (“API”) as well as the related API Documentation.
- FileHound Brand – The FileHound brand and brand assets, including names, logos and trade names.
- FileHound Product(s) – FileHound’s product and related systems and technologies, as well as the website https://www.FileHound.co.uk (the “Site”), and all software, applications, data, reports, text, images, and other content made available by or on behalf of FileHound through any of the foregoing. The “Product” does not include Data or any software application or service that is provided by you or a third party (including Applications), whether or not FileHound designates them as “official integrations”
3. API LICENSE
As long as you follow this API TOS, FileHound grants you a limited, non-exclusive, non-assignable, non-transferable license to use the APIs to develop, test, and support any software application, website, or product, and to integrate the FileHound APIs with your Application. Your license is subject to the limitations set forth in Section 4.2 through 4.10 and Section 9 below, and you agree that violation of Section 4 will automatically terminate your license to use the FileHound APIs.
4. USE OF APIS AND FILEHOUND DATA THE FOLLOWING IDENTIFIES LIMITATIONS ON USE RELATED TO THE FILEHOUND API:
- Reliance on API. FileHound is still evolving, and we need the flexibility to occasionally make changes to our APIs, including backwards incompatible ones. We will try to give notice of such changes. Also, parts of our API are undocumented, including certain methods, events, and properties. Given that these undocumented aspects of our API may change at any time, you should not rely on these behaviours.
- Applicable laws or agreements. You may not use the FileHound API in violation of any law or regulation, or rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with this API TOS or FileHound’s other agreements to which you are subject.
- Scope of acceptable use. You may not use the FileHound API or any other technology in a manner that accesses or uses any information beyond what FileHound allows under this API TOS or the Documentation; that changes the FileHound Service; that breaks or circumvents any of FileHound’s technical, administrative, process or security measures; that disrupts or degrades the performance of the FileHound Service or the FileHound API; or that tests the vulnerability of FileHound’s systems or networks.
- You may not transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data.
- Reverse engineering. You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the FileHound API or portion thereof;
- You may not use the FileHound API to replicate or compete with core products or services offered by FileHound. You acknowledge and agree that FileHound has or may in the future offer products or services that are similar to your Application, and nothing will prevent FileHound from doing so;
- Commercial Use. You may charge for your Application. However, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the FileHound API.
- Rate Limits. You will not attempt to exceed or circumvent limitations on access, calls and use of FileHound API, or otherwise use the FileHound API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of this API TOS or the Documentation. Our present rate limits are 10 requests per second per IP address, as well as 10 requests per second per session/bearer token.
- Use for promotion of gambling or adult content. You may not use the FileHound APIs in any Application that includes adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under 18 years of age, or otherwise violates any applicable law or regulation.
- Distribution of your application. You may not distribute or allow access to the FileHound APIs to anyone other than, if applicable, the company on whose behalf you entered into this API TOS. Anyone who wants to access our APIs must agree to be bound by this API TOS.
5. USE OF FILEHOUND BRAND OR MARKS
You must not use the FileHound Brand in a way that suggests your service is endorsed by, sponsored by, or associated with FileHound, and you must abide by FileHound’s Brand Guidelines available on request – by contacting us.
6. FILEHOUND STORAGE OF DATA
- Caching Data. Where Data is cached, you should refresh the cache at least every 24 hours.
- Secure Storage Measures. All Data should be stored and served using strong encryption.
- Delete at User Request. You must delete all Data you have collected from a FileHound user upon request by that user, and when the FileHound user deauthorizes your Application or closes his or her account with you. Similarly, when a team stops using your Application, you should delete all Data obtained from that team. The restrictions of this Section do not apply to Data that FileHound users also provide directly to you and that is separately entered or uploaded to you by the user of your Application.
- Deletion at Termination. If we terminate your use of the FileHound APIs for any reason, then you must permanently delete all Data and any other information that you stored pursuant to your use of the FileHound APIs, except when doing so would cause you to violate any law or obligation imposed by a governmental authority. This provision does not require a FileHound user to delete Data stored in FileHound if the FileHound user is prohibited from accessing the FileHound API.
- No Other Storing. You may not copy or store any Data or capture or store any information expressed by the Data (such as hashed or transferred data), except to the extent permitted by this API TOS.
8. SECURITY MEASURES
- The network, operating system and software of your web servers, databases, and computer systems (collectively, “Your Systems”) must be properly configured to securely operate your Application and store Data. Your Application must use reasonable security measures to protect your users’ information. You must not architect or select Your Systems in a manner to avoid the foregoing obligation.
- You must promptly report any security deficiencies in, or intrusions to, your Systems to FileHound in writing via email to support@FileHound.co.uk This includes any unauthorized access, use, disclosure or destruction of Data. You will work with FileHound to immediately correct any security deficiency, and will immediately disconnect any intrusions or intruder. In the event of any security deficiency or intrusion involving the Application, FileHound APIs or Data, you will make no public statements regarding such deficiencies or intrusions (e.g., press, blogs, social media, bulletin boards, etc.) without prior written and express permission from FileHound in each instance.
9. GOVERNMENT MEASURES YOU WILL NOT KNOWINGLY:
- Allow or assist any government entities, law enforcement, or other organisations to conduct surveillance or obtain data using your access to the FileHound API in order to avoid serving legal process directly on FileHound. Any such use by you for law enforcement purposes is a breach of this API TOS.
- Display, distribute or otherwise make available Data or any Application to any person or entity that you reasonably believe will use Data to violate the Universal Declaration of Human Rights(located at http://www.un.org/en/documents/udhr/), including without limitation Articles 12, 18, or 19. Any law enforcement personnel seeking information about FileHound users will be referred to FileHound’s User Data Request Policy. You will not conduct and your Application will not provide analyses or research that isolates a small group of individuals or any single individual for any unlawful or discriminatory purposes. Exemptions to these restrictions may be requested for exigent circumstances and are subject to prior written approval from FileHound.
- As between you and us, we own all rights, title, and interest, including all intellectual property rights, in and to, the (1) FileHound APIs, Documentation, and all elements and components thereof; (2) Data; (3) FileHound Services; and (4) Brand Features (collectively, the “FileHound Materials”). The only exception to this is Data that you as a FileHound user have licensed to FileHound under the Terms of Service, which governs that Data. Except for the express licenses granted in this API TOS, FileHound does not grant you any right, title, or interest in the FileHound Materials. You agree to take such actions as FileHound may reasonably request to perfect FileHound’s rights to the FileHound Materials.
11. TERMS AND TERMINATION
- Duration of Terms. This API TOS will go into effect on the date upon which you agree to them, by accessing or using the FileHound API, and will continue until terminated as set forth herein.
- Your Right to Terminate. You may terminate this API TOS by discontinuing use of our APIs and the FileHound Service.
- Suspension; Termination. We may change, suspend or discontinue the FileHound API and suspend or terminate your use of the FileHound API, the FileHound Service, and/or FileHound Brand at any time and for any reason, without notice. Without limiting the foregoing, we may limit your Application’s access to the FileHound API if it, in our sole discretion, may negatively affect our Service or our ability to provide our Service.
- Effect of Termination. Upon termination of this API TOS:
- All rights and licenses granted to you will terminate immediately;
- You will promptly destroy Documentation and any other FileHound information in your possession or control that was received under this API TOS;
- Unless we agree otherwise in writing or as stated in this API TOS, you must permanently delete all Data and other information that you stored pursuant to your use of the FileHound APIs. FileHound may request that you certify in writing your compliance with this section; and
- FileHound will make commercially reasonable efforts to remove all references and links to your Application from its Services (FileHound has no other obligation to delete copies of, references to, or links to your Application).
12. OTHER IMPORTANT TERMS
- Legal Representations. You represent and warrant to FileHound that, excluding FileHound Materials, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your Application, and that use of your Application by FileHound and its users will not violate the rights of any third party (e.g., copyright, patent, trademark, privacy, publicity or other proprietary right of any person or entity), or any applicable regulation or law, including the Digital Millennium Copyright Act, the laws of any country in which your Application is made available and any applicable export laws.
- Modification of the API TOS. We may change, add to or delete this API TOS or any portion thereof from time to time in our sole discretion. If we make a material change to this API TOs, we will provide you with reasonable notice prior to the changes either by emailing the email address associated with your account or by posting a notice on the FileHound website. You acknowledge that these updates and modifications may adversely impact how you access, use, and communicate with the FileHound API. If any change in unacceptable to you, then your only recourse is to cease all use of the FileHound API. Your continued access or use of the FileHound API will mean that you agree to the updates and modifications.
- Other Applicable Agreements. You and your Application must also comply with the following, which are hereby incorporated by reference:
- FileHound Terms of Service for Users and Customers.
- FileHound Brand Guidelines (available on request)
In the event of any conflict between the content in this document and the above documents, this document controls your use of the FileHound APIs.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNITY
- NO WARRANTIES. THE FILEHOUND API AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND FileHound EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT FILEHOUND DOES NOT WARRANT THAT THE FileHound API WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FILEHOUND API, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM FILEHOUND OR THROUGH THE DEVELOPER SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API TOS.
- LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL FILEHOUND BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, FILEHOUND’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Indemnity. You agree to defend, hold harmless and indemnify FileHound, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users’ use of the Application, FileHound API or Data, use of FileHound Brand, or violation of this API TOS, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit, or action.
14. DISPUTE RESOLUTION
This API TOS and any claim, cause of action or dispute (“Claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Missouri, United States, regardless of your country of origin or where you access the FileHound Service, and notwithstanding any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and FileHound agree that all Claims arising out of or related to this Agreement must be resolved exclusively in the courts located in the City of London. You and FileHound agree to submit to the personal jurisdiction of the courts located within the City of London – and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts for the purpose of litigating all such Claims. Notwithstanding the above, you agree that FileHound shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
15. GENERAL LEGAL TERMS
- If any provision of this API TOS is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of this API TOS will not be affected in any way.
- Where FileHound has provided you with a translation of the English language version of this API TOS or any document referenced in this API TOS, you agree that the translation is provided for your convenience only and that the English language versions of any such document, will control.
- Notice and Service of Process. We may notify you via the email address associated with your Application or FileHound Service account. FileHound accepts service of process by mail or courier at the physical address set forth in Section 16.9 below. Any notices that you provide without compliance with this section shall have no legal effect.
- Entire Agreement. This API TOS and any documents incorporated into this API TOS by reference, constitute the entire agreement between you and FileHound regarding the FileHound APIs and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this API TOS.
- No Informal Waivers, Agreements, or Representations. Our failure to act with respect to a breach of this API TOS by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers or other acts or omissions by any FileHound affiliate shall be deemed legally binding on any FileHound affiliate, unless documented in a physical writing hand signed by a duly appointed officer of FileHound.
- Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the FileHound Product or any FileHound APIs, or other material used or displayed through the FileHound Product.
- Assignment and Delegation. You may not assign or delegate any rights or obligations under this API TOS, including in connection with a change of control. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this API TOs, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, FileHound, LTD. for any third party that assumes our rights and obligations under this API TOs.
- Potential Other Rights and Obligations. You may have rights or obligations under local law other than those enumerated here if you are located outside the United Kingdom.
- How to Contact Us. If you have questions or comments about this API TOS, or wish to make use of our FileHound API in any way not permitted by this API TOS, please contact us via email on email@example.com or by physical mail at:
Sir Thomas Longley Road