Pudding App API Terms and Conditions
Last Updated: April 1, 2019
If you are accepting these API Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these API Terms, in which case “you” or “your” as used herein shall mean such entity.
- License Grants and Restrictions.
- API License Grant. Subject to your compliance with these API Terms, we grant you a non-exclusive, revocable, non-transferable and non-sublicensable license to (i) access and use the Pudding App APIs to receive modify and use user content (the “User Content”) from the Pudding App service (the “Pudding App Service”) subject to the permissions of the relevant users accounts; (ii) display the User Content on your website or native application for mobile devices (“Your Application”); and (iii) to use the APIs or User Content to develop, test, and support Your Application, and to distribute Your Application to end users and to allow such end users to access your integration of the APIs within Your Application. You may not install or use the APIs for any other purpose without Pudding App’s prior written consent.
- Trademark License Grant. Subject to your compliance with these API Terms, we grant you a non-exclusive, revocable, non-transferable and non-sublicensable license to reproduce and display the Pudding App name and logo (the “Pudding App Marks”) in accordance with Pudding App’s trademark guidelines and solely to promote or advertise your integration of the APIs in Your Application.
- You Must:
- Obtain the explicit consent of the user before collecting, posting or sharing any User Content obtained through the Pudding App APIs on a user’s behalf. Mere authorization of your application by the user does not constitute consent.
- Comply with the Pudding App Terms of Service at /terms
- Comply with any requirements or restrictions imposed on usage of User Content by the owner of such content. Although the Pudding App APIs can be used to provide you with access to User Content, neither Pudding App’s provision of the Pudding App APIs to you nor your use of the Pudding App APIs overrides any requirements or restrictions placed on such User Content by the user.
- Provide users with clear and readily accessible information regarding , how you collect, use, store and disclose their data .
- Obtain the consent of a user prior to deleting or destroying any of the content associated with their Pudding App account.
- Provide attribution to Pudding App as the source of data in accordance with the following guidelines:
- Display an Pudding App Mark so it is clear to the user that the data is from Pudding App.
- Link the logo in such Pudding App Mark to https://pudding.app.
- Comply at all times with trademark guidelines provided by Pudding App when using or displaying the Pudding App Marks.
- You (and Your App) May Not:
- Access, store, or share private user content or passwords.
- Make requests that exceed our rate limits or use the APIs in a manner that impacts the stability of Pudding App’s servers or impacts the behavior of other applications using the APIs.
- Use “nofollow” on your links to Pudding App. All links back to Pudding App should be followable.
- Use fraudulent information to register for a Developer Account.
- Request or publish information impersonating an Pudding App user, misrepresent any user or other third party in requesting or publishing information.
- Create or disclose metrics about, or perform any statistical analysis of, the Pudding App APIs.
- Display Pudding App’s Marks or User Content in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and Pudding App, other than your permitted use of the APIs under the terms of this API Agreement.
- Display the User Content on any site that disparages Pudding App or its products or services, or infringes any Pudding App intellectual property or other rights. i) Copy, sell, rent, lease, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify or alter any part of the Pudding App APIs.
- Sell, rent, lease, share, transfer, assign, or sublicense any User Content or other information or data obtained through the Pudding App APIs, directly or indirectly, to or with any third party, including any data broker, ad network, ad exchange, or other advertising or monetization-related party.
- Use the User Content in any advertisements or for purposes of targeting advertisements (whether such advertisements appear in Your Application or elsewhere).
- Attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use the APIs.
- Use the APIs for any application that constitutes, promotes or is used primarily for the purpose of dealing in: 1. spyware or any other malicious programs or code; 2. activities that violate any law or regulation, or any rights of any person, including but not limited to intellectual property rights; 3. activities that, in Pudding App’s sole judgment, are offensive or might harm Pudding App’s business or its reputation.
- Usage Limitations. Pudding App may limit the maximum User Content that may be accessed, the rate at which such User Content may be accessed, and/or the number of network calls that Your Application may make via the Pudding App APIs. Pudding App may change such usage limits at any time, and/or may utilize technical measures to prevent over-usage and/or stop usage of the Pudding App APIs by an application after any usage limitations are exceeded.
- Fees and Payment. The Pudding App APIs are currently provided for free, but Pudding App reserves the right to charge fees for the future use of or access to the Pudding App APIs. If we do charge a fee for use of the Pudding App APIs or any developer tools and features, you do not have any obligation to continue to use our developer resources.
- Termination. Your license to utilize the Pudding App APIs and the Pudding App Marks shall continue until it is terminated by either party as set forth herein. You may terminate this license at any time by discontinuing use of the Pudding App APIs and closing your developer account. Pudding App may suspend or terminate your use of all or any of the Pudding App APIs at any time and for any reason or no reason at all upon notice to you, which notice may be delivered via email or in writing. Upon termination of your license for any reason, you shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Pudding App APIs, User Content and Pudding App Marks.
- Disclaimer of Any Warranty. Some of the Pudding App APIs may be experimental and not tested in any manner. Pudding App does not represent or warrant that any Pudding App APIs are free of inaccuracies, errors, bugs or interruptions, or are reliable, accurate, complete or otherwise valid. The Pudding App APIs are provided “as is” with no warranty, express or implied, of any kind and Pudding App expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement. Your use of the Pudding App APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Pudding App APIs including, but not limited to, any damage to your computer system or loss of data.
- Limitation of Liability. Pudding App 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 Pudding App APIs, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Pudding App has been advised of the possibility of such damages. Under no circumstances shall Pudding App be liable to you for any amount. 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 limitations in Sections 5-7 may not apply to you.
- Release and Waiver. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Pudding App, 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 the Pudding App APIs, the User Content or the Pudding App Marks. If you are a California resident, you waive your rights under California Civil Code 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” 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 that you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
- Indemnification. To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Pudding App and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all third party claims arising from or in any way related to your use of the Pudding App APIs, including any liability or expense arising from all claims, losses, damages, liabilities, costs and fees (including reasonable attorneys’ fees) of every kind and nature.
- Remedies. You acknowledge that your breach of this API Agreement may cause irreparable harm to Pudding App, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Pudding App may be legally entitled, Pudding App shall have the right to seek immediate injunctive relief in the event of a breach of this API Agreement by you or any of your officers, employees, consultants or other agents.
- General Terms.
- Relationship of the Parties. You and Pudding App shall be and act independently and not as partners, joint venturers, agents, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Pudding App, express or implied, and you shall not attempt to bind Pudding App to any contract.
- Severability. If any provision of these API Terms 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 that the other provisions remain in full force and effect.
- Governing Law. These API Terms and the relationship between you and Pudding App shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Pudding App agree to submit to the personal jurisdiction of the courts located within the city and county of Alameda, CA.
- No Waiver. Pudding App’s failure to exercise or enforce any right or provision of these API Terms shall not constitute a waiver of such right or provision.
For questions about these or any Pudding App terms or policies, email us at [email protected]