.png?height=120&name=LM-Logotype%2BKeyVisual-RGB_White%2BColor-300dpi%20(1).png)
General Provisions
1. Introduction. These API Terms of Use ("Terms") set forth the terms and conditions under which likeMagic AG, located at Memphispark, Wallisellenstrasse 57, CH-8600 Dübendorf, Switzerland ("likeMagic"), grants the user ("you") the right to access and use its application programming interfaces and associated documentation (collectively, the "likeMagic API") that integrate with likeMagic platform.
2. Acceptance of Terms. By accessing or using any likeMagic API, you confirm that: (i) you are authorized to act on behalf of your organization and agree to these Terms , and (ii) you have read, understand, and accept these Terms. If you have entered into a separate agreement governing the use of the likeMagic API with likeMagic (“Individual Agreement”), that Individual Agreement will take precedence over these Terms in the event of any discrepancies.
License and Intellectual Property
3. API License. Subject to these Terms, likeMagic hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the likeMagic API to allow your customers to use integration of likeMagic Platform within your online services ("API Applications"). You may only access and use the likeMagic API if and to the extent necessary to provide and support your API Applications.
4. Intellectual Property Rights. Except for the limited rights to access and use the likeMagic API as provided under these Terms, no additional rights, whether express or implied, are granted to you regarding the intellectual property of likeMagic. All rights, title, and interest to the likeMagic API and the likeMagic platform remain the sole property of likeMagic.
Your Rights and Obligations
5. Prohibited Actions. You are prohibited from: (a) distributing, disclosing, publishing, marketing, selling, renting, leasing, sublicensing, assigning to third parties or otherwise enabling unauthorized persons to access the likeMagic API without prior consent of likeMagic; (b) reconstructing, reverse engineering, decompiling, disassembling, decrypting or otherwise attempting to discover the source code, underlying ideas or algorithms of the likeMagic API or API credentials; (c) performing an action with the intent of introducing to likeMagic platform any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature; (d) copying, transferring, selling, sublicensing or otherwise making the likeMagic API available to a third party; this applies to both commercial and non-commercial purposes; (e) using the likeMagic API in such a way that it enables you or a third party to use the likeMagic platform in a way that is not covered by the respective license or terms of use; (f) altering, adapting, merging, modifying, translating, decompiling, disassembling or creating derivative works of all or any part of the API or the likeMagic platform other than as permitted by law without the prior written consent of likeMagic; (g) gemoving any copyright or trademark notices or other proprietary notices contained in the likeMagic API or the likeMagic platform; (h) using the likeMagic APIs to encourage or promote illegal activity or violation of third party rights, (i) accessing or using the likeMagic API in a way that exceeds reasonable request volume or constitutes excessive or abusive usage, as determined by likeMagic, (j) making any representations about likeMagic, its likeMagic platform, or these Terms without prior authorization, (k) using likeMagic’s trademarks, copyrights, or other intellectual property rights in your API Applications without the prior written consent of likeMagic, nor may you permit any third party to use likeMagic’s intellectual property in connection with your API Applications, (l) engaging in any action or integration that disrupts, degrades, damages, or otherwise adversely affects the operation, performance, availability, or security of the likeMagic platform or any associated systems;
6. Representation and Warranties. You represent and warrant that (a) any API Applications you develop and connect to the likeMagic platform shall: (i) undergo thorough testing to ensure functionality, stability, and security before being provided to any third party; (ii) comply with all applicable laws and regulations, including privacy laws and data protection requirements; and (iii) adhere to current industry security standards, with appropriate technical and organizational measures in place to protect against unauthorized access, data breaches, and other security threat, (b) shall comply with the provisions of these Terms and all applicable and relevant laws when accessing or using the likeMagic API and also when processing any data in connection with accessing and/or using the likeMagic API.
7. Your Feedback. If you provide any feedback or suggestions about the likeMagic API or likeMagic platform, likeMagic may use such feedback or suggestions without obligation.
8. Support. These Terms do not entitle you to any support for the likeMagic APIs.
9. Rate Limiting and Access Log Requirements. You are obligated to implement rate limiting, maintain detailed access logs for a minimum of 90 days, and provide access to these logs upon request for security audits.
likeMagic´s Rights and Obligations
10. Limits. likeMagic may, at its sole discretion, set and enforce limits on your use of the likeMagic API (e.g., limiting the number of API calls). You agree to comply with these limitations and will not attempt to circumvent them.
11. Monitoring. likeMagic reserves the right to monitor your use of the likeMagic API to ensure compliance with these Terms and protect the integrity of the likeMagic API and the likeMagic platform. You agree not to interfere with such monitoring.
12. List of Third-Party Integrations. likeMagic may include your API Application in its list of third-party integrations on its website at https://resources.likemagic.tech/en/knowledge-base/3rd-party-integration (or in similar directories), informing likeMagic customers about the available applications with which they can integrate the likeMagic platform.
13. Suspension and Discontinuation. likeMagic reserves the right, at any time and at its sole discretion, to suspend, or discontinue any likeMagic API. While likeMagic will make its best efforts to provide prior notice, immediate action may be taken without notice when deemed necessary. likeMagic reserves the right to suspend or terminate your access to the likeMagic API immediately and without prior notice, including but not limited to instances where (a) there is a suspicion of unauthorized API access; (b) there is a suspicion of unauthorized data processing; (c) this appears necessary to maintain the functionality of the API and/or the likeMagic platform; (d) there is a suspicion that the legally required and/or contractually agreed data protection is not guaranteed; (e) there is a suspicion that you are not fulfilling the other obligations set out in these Terms or applicable laws; (f) likeMagic, in its sole discretion, determines that your access or use of likeMagic API may adversely affect its services, operations, or reputation.
14. Non-exclusivity. These Terms are non-exclusive. You agree that likeMagic may develop its own applications, content and other products or services that compete with or are similar to your API Applications. Nothing in these Terms shall be construed as limiting or preventing likeMagic from developing or using such applications, content and other products or services. You further agree that in such cases, likeMagic shall have no obligation to you, financial or otherwise. The business relationship and activities contemplated by these Terms are non-exclusive, and nothing in these Terms prohibits either likeMagic or you from engaging with third parties in similar business arrangements as described herein.
API Development and Functionalities
15. API Development and Maintenance. likeMagic will continuously develop and update the likeMagic API to improve (or remove) existing functions and add additional functions if necessary. You are responsible for maintaining and updating your API Applications as required. In the event likeMagic makes any changes to the API: (a) those changes will be documented and made available at http://monitoring.likemagic.tech/api/swagger; and (b) that, if not implemented, will break integrations with the API, likeMagic will provide you 60 days‘ prior written notice.
16. API Functionalities. likeMagic provides functionalities as specified in the API Documentation (http://monitoring.likemagic.tech/api/swagger). likeMagic reserves the right to adapt and optimize the API and associated documentation on an ongoing basis. Changes that affect the will be communicated to you in advance.
Confidentiality
17. Confidential Information. For the purposes of these Terms, "Confidential Information" includes, but is not limited to, non-public information regarding the likeMagic APIs, likeMagic platform, applications, products, services, data, ideas, inventions, features, software, techniques, technology, trade secrets, and business or financial information, or any other information related to likeMagic or any of its customers. Confidential Information does not include information that: (a) is or becomes publicly available; (b) was in your possession or known to you prior to receiving it from likeMagic; (c) is lawfully disclosed to you by a third party; (d) is independently developed by you without the use of likeMagic’s Confidential Information; or (e) is required to be disclosed by law.
18. Confidentiality. You agree to keep likeMagic Confidential Information confidential, take reasonable precautions to protect it, and not disclose it to third parties or use it for any purpose other than fulfilling your rights and obligations under these Terms. This restriction does not apply to disclosures made to your affiliates, employees, contractors, or agents who require access to the information, provided they are bound by similar confidentiality obligations.
Fees
19. No fees. API access under these Terms is currently provided by likeMagic to the Partner free of charge.likeMagic reserves the right to introduce a usage-based fee upon providing 30 days' prior written notice. Continued use of the API after the notice period constitutes your acceptance of and obligation to pay the applicable fees. If you do not agree to the fees, you must discontinue use of the API before the notice period expires.
Warranties
20. Disclaimer of warranties. The likeMagic API is provided ‘as-is’ and ‘as-available’ without any warranties, express or implied, to the fullest extent permitted by law. This includes, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. likeMagic does not warrant that (a) the likeMagic API will meet your requirements, be uninterrupted, error-free, or that any data accessed or obtained through the likeMagic API will be accurate or reliable, (b) likeMagic API will be secure, accurate, complete (c) any errors or defects can or will be corrected by likeMagic. You use the likeMagic API at your own risk and are solely responsible for any resulting damage, including system damage or data loss.
Liability and Indemnity
21. Liability Limitations. Both parties exclude any liability to the extent permitted for indirect or incidental damages, consequential damages, lost profits, quantifiable financial losses arising out of or in connection with the use of the API, regardless of whether these damages are due to a breach of contract, breach of warranty or tort (in particular negligence and product liability). It is irrelevant whether or not likeMagic has been advised of the possibility of such damages.
22. Exceptions to Liability Limitation. This limitation of liability does not apply to wilful misconduct, fraud or gross negligence or to damages resulting from injury to life or health.
23. Indemnity. You shall indemnify likeMagic against liabilities and damages (including reasonable attorneys' fees) arising out of claims and demands brought or made by third parties arising from or in any way related to your breach of these Terms.
Governing Laws and Dispute Resolution
24. Governing Law. These Terms are construed and governed by the Federal Laws of Switzerland, excluding its conflict of law principles and the United Nations Convention on Contracts for the International Sale of Goods.
25. Dispute Resolution. Any dispute arising out of or in connection with these Terms shall be under the exclusive jurisdiction of the ordinary courts of the Canton of Zurich, subject to legal remedies at the Swiss Federal Court. Zurich shall be the place of jurisdiction.
Miscellaneous
26. Relationship between You and likeMagic. likeMagic and you are independent contractors, and these Terms do not establish any agency, employment, partnership, or joint venture between you and likeMagic.
27. Force Majeure. Neither likeMagic nor you shall be liable for delays or failures in performance under these Terms caused by actions or events beyond their control, including, but not limited to, acts of God, riots, acts of war, epidemics, governmental regulations imposed after the fact, fires, communication line failures, power outages, earthquakes, or other disasters.
28. Entire Agreement. These Terms constitute the entire understanding and agreement between the parties with respect to the subject matter herein. They supersede all prior and contemporaneous agreements, representations, and understandings between the parties regarding the subject matter.
29. Assignment. You shall not assign any of your rights, obligations, or privileges (whether by operation of law or otherwise) under these Terms without the prior written consent of likeMagic. However, likeMagic may assign these Terms to a successor in interest (or its equivalent) of all or substantially all of its relevant assets, whether through sale, merger, or otherwise. Any attempted assignment in violation of this section shall be void.
Changes to Terms
30. Changes to Terms. likeMagic may update these Terms from time to time and will make its best effort to inform you of any changes. Your continued access to and use of any likeMagic APIs constitutes your acceptance of the updated Terms. If you do not agree with any modifications, your sole recourse is to discontinue using the likeMagic APIs.