Bitext API ‐ Terms of Use

Thank you for using the Bitext application programming interface (the “Bitext API”). By using the Bitext API, you agree to these terms of use (the “Terms of Use”). If you disagree with any of the terms below, BITEXT does not grant you a license to use the Bitext API.

Please note that the Bitext API and other web services may be licensed under terms that supplement or differ from these Terms of Use. See the specific API or relevant documentation for details.

Bitext Innovations SL (“BITEXT”) reserves the right to update and change, from time to time, these Terms of Use and all documents incorporated by reference. You can always find the most recent version of these Terms of Use at this web page.  BITEXT may change these Terms of Use by posting a new version without notice to you. Use of the Bitext API after such change constitutes acceptance of such changes.

 

1. Licensed Uses and Restrictions.

The Bitext API is owned by BITEXT and is licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These Terms of Use define legal use of the Bitext API, all updates, revisions, substitutions, and any copies of the Bitext API made by or for you. All rights not expressly granted to you are reserved by BITEXT.

a.  Subject to the restrictions set forth in these Terms of Use, you may use the Bitext API and any updates provided by BITEXT (in its sole discretion). Your license to use the Bitext API under these Terms of Use continues until it is terminated by either party.

You may terminate the license by discontinuing use of all or any of the Bitext API.

BITEXT may terminate the license at any time for any reason. These Terms of Use terminate automatically if

(i)    you violate any term of these Terms of Use,

(ii)    BITEXT publicly posts a written notice of termination on the BITEXT API Page.

(iii)    BITEXT sends a written notice of termination to you, or

(iv)    BITEXT ceases providing access to the Bitext API to you.

b.     When using the Bitext API for creating services or products that are publicly disseminated, you agree to provide attribution to Bitext for the data obtained via the API, unless otherwise specifically agreed in written with Bitext. For providing attribution you will set a link to Bitext web site (https://www.bitext.com), and optionally display the Bitext logo (available at https://www.bitext.com), at the web sites where results from the Bitext API are used.

c.     YOU SHALL use instructions provided in the Bitext API to place application identification information (the API credentials set) into any application or service you develop that incorporates or makes any use of the Bitext API.  You may only create a single API credentials set per application or service and such API credentials set must accompany all web services requests coming from that application or service. You can sign up for an API credentials set at our API signup page. You must provide accurate identification, contact, and other information required as part of the registration process. You SHALL NOT create any script or other automated tool that attempts to create multiple API credential sets.

d.     If you wish to confirm that your application constitutes an acceptable use of the Bitext API or wish to inquire about rate limit increases, register your application with us.

e.     YOU SHALL NOT:

(i)  use the Bitext API for any commercial purpose or in any product or service that competes with products or services offered by BITEXT. For more details on what we consider to be competing commercial purposes, contact us.

(ii)    use the Bitext API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms of Use;

(iii)    sell, lease, share, transfer, or sublicense the Bitext API or access or access codes thereto or derive income from the use or provision of the Bitext API, whether for direct commercial or monetary gain or otherwise, without BITEXT’s prior, express, written permission;

(iv)  use the Bitext 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 the BITEXT API documentation located within the API page on this web site, as determined by BITEXT in its sole discretion; or

(v)    use the Bitext API in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism or violence, hacking/surveillance/interception/ descrambling equipment, gambling items or non-transferable items such as airline tickets or event tickets.

f.  Additional Security terms.

(i) BITEXT takes end user security and privacy very seriously, and You agree to give us all necessary assistance for the operation of Your Application in compliance with these TOU and any applicable laws.

(ii) Securing User Consent. You are solely responsible for securing clear, express consent from the user, granting You permission to access such user’s BITEXT account using authentication API, including if applicable, retrieving user-specific information, or writing information to such user’s account. You will strictly comply with the scope of express consent they granted You when accessing such user’s BITEXT account.

(iii) Contact and Cooperation. You (or the name of the contact You gave to BITEXT when You applied for Your API credential set for review if it’s not You) must be reachable at all times for security questions or concerns. You can change this name or contact by signing up for a new API credential set, and providing the correct contact information and using the new API credential set instead.

(iv) Virus Precautions. All materials, including software and documents, that You provide to BITEXT, must be checked with Internet industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free. Any data provided to BITEXT must not contain harmful scripts or code.

(v) Industry Standards. Your networks, operating system and software of its web server(s), routers, databases, and computer systems must be properly configured to Internet industry best practice standards, as required to securely operate Your Application. If You do not completely control any aspect of the System, You will use all control or influence that You have over such Systems and/or selection of Systems, and You will not architect or select Systems in a manner to avoid the foregoing obligation. An example of an unacceptable server is one that operates as open proxy. An example of architecting in an unacceptable manner would be if You select a server operated by a vendor with substandard security practices, so that You could contend that You do not control such server, in order to avoid having to select an acceptable server.

(vi) Reporting. You must promptly report any security deficiencies in or intrusions to Your Systems that You discover to BITEXT in writing via our contact page. You will work with BITEXT to immediately correct any security deficiency, and will disconnect immediately any intrusions or intruder. In the event of any such security deficiency or intrusion, You will make no public statements (i.e. press, blogs, bulletin boards, etc.) without prior written and express permission from BITEXT in each instance.

(vii) Control Access to Systems. To the extent You have control or influence over the Systems, You will log (in a time and date-stamped fashion) all instances of access to the Systems. You will encrypt the password and username files for the Systems that store or process any BITEXT user data that You are permitted by BITEXT to access. Passwords must be unique, unintuitive, and changed often. You will minimize access to and use of the passwords. Wherever possible, commands which require additional privileges should be securely logged (with time and date) to enable a complete audit trail of activities. When an individual terminates his or her employment with You, his or her passwords and access password facilities must be terminated immediately.

(viii) Security Reviews. BITEXT will have the right, at its own expense, to review, or to have an independent third party to inspect and review Your compliance with these security provisions. You will (at Your own expense) correct any security flaws detected by such a review as soon as possible. You will then promptly certify to BITEXT in writing that the security flaw has been corrected, along with a description of the corrective action(s) taken. Any such review will be conducted during regular business hours in such a manner as not to interfere with normal business activities. If a review reveals a material breach of any of these security provisions, You will reimburse BITEXT for the reasonable costs of the review.

 

2. Ownership and Relationship of Parties.

The Bitext API may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Spain and other countries. BITEXT’s rights apply to the Bitext API and all output and executables of the Bitext API, excluding any software components developed by you which do not themselves incorporate the Bitext API or any output or executables of the Bitext API. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use and in the BITEXTimes.com Terms of Service. BITEXT owns all rights, title, and interest in and to the Bitext API. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by BITEXT, including (but not limited to) the Bitext API and BITEXT trademarks.

 

3. Support.

BITEXT may elect to provide you with support or modifications for the Bitext API (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. BITEXT may change, suspend, or discontinue any aspect of the Bitext API at any time, including the availability of any Bitext API. BITEXT may also impose limits on certain features and services or restrict your access to parts or all of the Bitext API or the BITEXT Web site without notice or liability. Please register your application for priority notification of status alerts.

 

4. Fees and Payments.

BITEXT reserves the right to charge fees for future use of or access to the Bitext API or the BITEXT services and Web sites (collectively, “Bitext API Services”) in BITEXT’s sole discretion. If BITEXT decides to charge for the Bitext API Services, such charges will be disclosed to you prior.

 

5. Disclaimer of Any Warranty.

SOME PARTS OF THE BITEXT API ARE EXPERIMENTAL AND HAVE NOT BEEN EXHAUSTIVELY TESTED. BITEXT DOES NOT REPRESENT OR WARRANT THAT ANY BITEXT API ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE BITEXT API ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND BITEXT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.

YOUR USE OF BITEXT API IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY BITEXT API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

 

6. Limitation of Liability.

BITEXT SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE BITEXT API, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT BITEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL BITEXT BE LIABLE TO YOU FOR ANY AMOUNT.

 

7. Exclusions and Limitations.

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 LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.

 

8. Release and Waiver.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against BITEXT, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of Bitext API. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other country or common law principle of similar effect, to the fullest extent permitted by law.

 

9. Hold Harmless and Indemnity.

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify BITEXT and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Bitext API, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. BITEXT shall use good faith efforts to provide you with written notice of such claim, suit or action.

 

10. General Terms.

a. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and BITEXT shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of BITEXT, express or implied, and you shall not attempt to bind BITEXT to any contract.

b. Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.

c. Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and BITEXT shall be governed by the laws of Spain without regard to its conflict of law provisions. You and BITEXT agree to submit to the personal jurisdiction of the courts located within Madrid, Spain.

d. No Waiver of Rights by BITEXT. BITEXT’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

e. Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between BITEXT and you with respect to the subject matter hereof.