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BonAPI | Terms
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Last updated: October 22, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • “Affiliate”: means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • “Agreeing Parties” means “You” and “BonAPI” collectively.
  • “API”, Application Programming Interface, (also referred to as “APIs”) refers to the API services as well as any iFrame services provided by BonAPI.
  • “Billing Period” refers to the span of one calendar month after signing up to one of the paid Plans as well as each consecutive month thereafter if the Service is not cancelled by You. Example: You sign up to a paid Plan on March 7th, the billing period is then until April 7th. On April 7th, if the Service has not been canceled by You, the updated, new Billing Period is until May 7th. In the case that a date does not exist (eg. February 30th, or June 31st), the billing period ends on the closest day still in the same month as the theoretical end date (governed by the initial sign up date) should have been. Example: You sign up to a paid plan on January 30th, the billing period is then until February 28th (or February 29th in a leap year). On February 28th, if the Service has not been canceled by You, the updated, new Billing Period is until March 30th.
  • “Country” refers to The Netherlands.
  • “Plan” (also referred to as “Plans”) refer to the different payment plans laid out on https://bon-api.com/api/pricing/.
  • “Service” and “Services” refers to the BonAPI Website and its functionality (including all API Services)
  • “Terms and Conditions” (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and Us regarding the use of the Service.
  • “We” (also referred to as “BonAPI”, "Us" or "Our" in this Agreement) refers to BonAPI B.V..
  • “Website” or “Site” refers to BonAPI’s website, accessible from https://bon-api.com.
  • “You” (also referred to as “Your”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Us. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with Our Privacy Policy. Our Privacy Policy is incorporated as if fully recited herein and describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. You agree that from time to time, BonAPI may send You certain communications related to Our API that are mandatory for Your use of Our API and which You cannot opt out from. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Modification to Terms

These Terms may be amended or modified at any time from time to time by Us in Our sole discretion, by posting notice on the Site or by otherwise providing notice to you. Your continued use of or access to Our APIs after any such changes constitutes Your acceptance of the amendments to these Terms and should You not accept such changes, You agree that Your only recourse is to terminate this license at such time as such changes are implemented.

License

Subject to these Terms, BonAPI grants You a limited, non-transferable, non-assignable and non-exclusive license under BonAPI’s intellectual property rights during the Term of this agreement. The license is to use Our API to develop, test, and support Your application, web site, or other platform, and to let Your customers use Your integration of Our API within Your application, web site, or other platform.

You agree and acknowledge that the free version of Our API is intended for development or not-for-profit use only. Thus, You are prohibited from using the free version of Our API in a manner that is commercial or business oriented or in connection with a commercial or business purpose without BonAPI’s expressed authorization.

Representations

You warrant to us that You have all necessary authority and power to enter into this agreement in order to be granted access to the License. You understand that upon entering into this agreement, You shall be bound by these Terms, either on behalf of an employer, an entity or Your own behalf and that You (or Your employer or Your entity) will comply with the Terms.

Terms and Conditions of the License

You hereby agree to abide by the following non-exclusive list of terms and conditions in using or accessing Our API and/or the BonAPI Content and acknowledge that the license granted under these Terms is conditioned upon such compliance:

  • You hereby acknowledge and agree that BonAPI reserves the right to restrict access to, modify, suspend, or terminate Our APIs or any or all of the BonAPI Content and that the availability of Our APIs and/or the BonAPI Content is not guaranteed and is subject to change.
  • BonAPI reserves the right to transmit advertisement and promotional materials in connection with the BonAPI Content. You are prohibited from removing, altering, disabling, circumventing and/or hiding any such advertisement and promotional materials without the prior written consent of BonAPI.
  • BonAPI reserves the right in any and all instances to request You provide examples and/or other information or materials concerning any proposed use of Our APIs, prior to or after any use or access by You of Our Services and to give or revoke approval for any such use or access, in its sole discretion.

You may use Our APIs only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use Our APIs:

  • In any way that violates any applicable federal, state or international law or regulation(including, without limitation, any laws regarding the export of data or software to and from the European Union or other countries.
  • To impersonate or attempt to impersonate BonAPI or any of its employees.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Our APIs, or which, as determined by Us, may harm BonAPI or users of BonAPI or expose them to liability.
  • To sell or resell the right to users to access or use the BonAPI content.
  • To use the BonAPI Website or APIs in any manner that could disable, overburden, damage, or impair Our service or interfere with any other party’s use of Our Services, including their ability to engage in real-time activities on Our website or APIs.
  • To use any robot, spider or other automatic device, process or means to access Our Website or APIs for any purpose, including copying or archiving or collecting any data from any of the material made available by Us.
  • Use any manual process to copy, archive or collect any data from any of the material on the Website or provided to You by our API for any, by Us not explicitly authorized purpose without Our prior written consent.
  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly displaying, republishing, repurposing, selling, trading or in any way exploiting Our APIs, BonAPI Content or BonAPI Site except as expressly authorized by BonAPI by these terms.
  • Use or access Our APIs in order to monitor or benchmark the performance, availability, or functionalities of the Site or any Services offered by and through BonAPI.
  • Use any device, software or routine that interferes with the proper working of Our Services or introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Payment Terms

  • At the beginning of each Billing Period, We will charge You the cost of Your chosen plan in full, including VAT, where required by law.
  • At the end of each Billing Period, We will charge You the cost of any overage fees that may have accrued over the Billing Period, including VAT, where required by law.
  • We are currently only accepting bank transfer as a means of payment. Upon signing up to a paid plan, You will receive the invoice for that Billing Period. The invoice will include Our bank details.
  • All payments must me made within 15 days of the issue date written on the invoice You receive.

Proprietary Rights

You hereby acknowledge that BonAPI owns all rights, title, and interest, including all intellectual property rights, in and to, Our: 1) APIs, and all elements, components, code, modules, and executables of Our APIs; 2) any and all BonAPI Content made available by and through Our APIs; 3) the Site; and 4) any BonAPI branding, logos, or other trademarks or goodwill (collectively, all such materials shall be herein referred to as the “BonAPI Materials”). Except for the express licenses granted in these Terms, BonAPI does not grant You any right, title, or interest in any of the BonAPI Materials.

You understand and agree that BonAPI may publicly refer to You as a licensee of Our APIs, orally or in writing. BonAPI may also publish Your name and logo on the Site, in BonAPI promotional materials and in press releases, with or without mention of or link to Your use or application that incorporates Our APIs or BonAPI Materials. BonAPI is allowed to do so without Your consent.

As a condition for Your use of and access to the BonAPI Services, You agree not to remove, change, or otherwise hide any BonAPI or third party copyright or other proprietary notice or any hyperlinks included within any BonAPI Materials.

Updates and Modifications to Our APIs

We reserve ourselves the right to update or modify BonAPI Materials and Services from time to time. We will attempt but cannot guarantee to notify You of any updates or modifications to Our Services up to 1 month in advance. This holds true for those instances where such updates or modifications substantially affect the functionality or compatibility of Our Services. The notice will be made public through Our Site or will be sent directly to You in the form of an email. You acknowledge and understand that such modifications and updates may adversely impact any of Your uses or applications that use or access Our Services. In such cases, You are the bearer of sole responsibility to make any updates or modifications to Your applications or uses that take advantage of Our Services. These necessary modifications or updates by You are at Your own expense.

Updates to the pricing of Our APIs

We reserve ourselves the right to update the pricing for our API Plans when we deem necessary. In such an event, we will notify You of the pricing change via email at least 2 months in advance to discuss the implications of the pricing change with You.

Termination

  • On the date upon which You agree to these Terms, all rights and obligations described in these Terms shall come into effect until You discontinue using BonAPI, or We terminate Your access to Our Services.
  • You may cancel Your subscription to a paid BonAPI Plan at any time. To do so, contact Us either via https://bon-api.com/contact/ or by sending an email with Your account details to info@bon-api.com. If You cancel Your subscription, You will automatically be put on a Testing Plan (with the access rights explained to You in our pricing page) and You shall no longer have any access to paid features. Any fees that You paid prior to Your cancellation are nonrefundable, unless expressly permitted otherwise by these terms. This includes any fees paid in advance for the Billing Period during which You cancel, thus, cancellation shall not relieve You of any obligation to pay accrued fees or charges.
  • You may down- or upgrade Your paid Plan at any time. To do so, contact Us either via https://bon-api.com/contact/ or by sending an email with Your account details to info@bon-api.com. The time of Your upgrade or downgrade request constitutes the start of a new Billing Period, no longer covered in that of the previous Plan. For the new Billing Period, the fees to be paid by You shall be those of the newly chosen Plan. In the case of a downgrade in Plan, You may lose access to some features that are exclusive to more expensive Plans.
  • You may delete Your BonAPI account and/or stop using Our Services at any time. To terminate Your account contact Us either via https://bon-api.com/contact/ or by sending an email with Your account details to info@bon-api.com. If You terminate Your BonAPI account, You will no longer have access to the BonAPI Services until You create a new account. This action is non-reversible. Any fees that You paid prior to Your termination are nonrefundable, unless expressly permitted otherwise by these terms. This includes any fees paid in advance for the Billing Period during which You terminate. Termination shall not relieve You of any obligation to pay accrued fees or charges.
  • Under certain circumstances, BonAPI may at any time and without prior notice terminate or suspend Your account be it in whole or in part, as well as Your access to Our Services. Reasons for termination can include:
    • Violation of these terms.
    • A request by You to terminate Your account.
    • You did not click the account activation link (sent to you via email upon signup) within three (3) days of signing up.
    • Unexpected technical or security issues.
    • Failure to pay any fees owed by You in relation to Our Services.
    It is in BonAPI’s sole discretion to carry out any such termination or suspension and BonAPI shall not be held accountable for any damages or losses incurred by You or third parties resulting from such a termination or suspension.
  • We may terminate Your account in the following cases:
    • Your account has been inactive for 1 year or longer.
    • We discontinue the Service.
    We will attempt but cannot guarantee to notify You of a discontinuance of Our Services up to 1 month in advance.
  • Upon termination of this agreement for any reason:
    • Any licenses and rights attributed to You as part of these Terms shall immediately cease and terminate as well.
    • You agree to destroy any and all BonAPI confidential information in Your possession or control.
    • You agree to permanently delete all BonAPI Content that was used, stored or archived to take advantage of Our Services. We may request a written certification of Your compliance with this section.
  • BonAPI bears no liability resulting from the termination of this agreement.

Intellectual Property

You acknowledge that occasionally You may be given access to various no-public pieces of information, such as code, software, and/or other items related to Our Services which are confidential and proprietary to BonAPI. You understand that You are restricted from disclosing such ‘Confidential Information’ and that Your use of it is strictly limited to what is necessary to exercise Your rights granted to You as part of these terms.

You agree to undertake a reasonable level of care to protect this confidential information and under no circumstance less than the level of care You use to protect Your own confidential and private information.

We do not claim ownership of the content You deliver to Us via Our Services. However, You grant Us a license to use it. When You provide us with information that is covered by intellectual property rights (as part of Your usage of Our Services), You hereby grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, translate, copy and create derivative works of Your content. This license can be ended by You at any time by deleting Your account.

Indemnification

You agree to indemnify, hold harmless and defend BonAPI and their respective directors, employees and partners from and against any third party claim that results from or is in connection with Your use of BonAPI Services and BonAPI Material. This includes any content made available through Our APIs. Part of this is any liability or expense from any claims, damages, law suits, litigation costs, expenses and attorneys’ fees of every kind.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall BonAPI or its suppliers be liable for any direct, special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if We or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Under no circumstance shall BonAPI’s aggregate, cumulative liability to You in connection with these terms under any theory of liability, exceed one hundred Euros (€100).

Some states 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. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, We, on Our own behalf and on behalf of Our Affiliates and Our and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, We provide no warranty or undertaking, and make no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Us nor any of Our providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Us. If amicable solutions are not attainable within a period of 3 months, the Court of First Instance in Rotterdam (The Netherlands) shall have jurisdiction over the dispute.

General and Miscellaneous

  • These Terms constitute the entire agreement between You and BonAPI. It supersedes all prior understandings and agreements regarding the BonAPI Services and Content. Both Agreeing Parties must consent to any modification to these Terms in writing.
  • You acknowledge that neither these Terms, nor its Content shall imply or create any employment relationship, agency, joint venture or partnership of any nature.
  • Severability:
    • If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
  • Waiver:
    • Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
  • For European Union (EU) Users:
    • If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
  • United States Legal Compliance:
    • You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
  • Translation Interpretation:
    • These Terms and Conditions may have been translated if We have made them available to You on our Service.
    • You agree that the original English text shall prevail in the case of a dispute.
Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: info@bon-api.com

By visiting this page on our website: https://bon-api.com/contact/