Acceptance of Terms
This aXcelerate API Terms of Service document (the “API TOS”) is an agreement you must accept in order to use the aXcelerate API (as described below). This document describes both your rights and your obligations as part of using the aXcelerate API. It is important that you read it carefully because you will be legally bound to these terms. aXcelerate ( “we” “us”) only provides the aXcelerate API to you subject to this API TOS. By accepting this API TOS or by accessing or using the aXcelerate API, you agree to be bound by this API TOS (including the Privacy Policy, Brand Guidelines, and general Terms of Service, which are incorporated here by reference).
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 aXcelerate API. You acknowledge that this API TOS is a contract between you and aXcelerate, even though it is electronic and is not physically signed by you and aXcelerate, and it governs your use of the aXcelerate API.
API Key Definitions
Application – Any software application, website, or product you create or service you offer using the aXcelerate API (defined below).
API Documentation – The documentation, data and information that aXcelerate provides regarding the use of the aXcelerate API.
Data – means any data and content uploaded, posted, transmitted or otherwise made available by users via the Services, including messages, files, comments, profile information and anything else entered or uploaded into the Service by a user of the Service.
aXcelerate API or our API – The publicly available aXcelerate Application Programming Interface (“API”) as well as the related API Documentation.
aXcelerate Brand – The aXcelerate brand and brand assets, including names, logos, trade names and trademarks.
aXcelerate Service(s) – aXcelerate (student management system).
API License
As long as you follow this API TOS, aXcelerate 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 aXcelerate APIs with your Application. Your license is subject to the limitations set forth in Section 5 below, and you agree that violation of Section 5 will automatically terminate your license to use the aXcelerate APIs.
Use of APIs and aXcelerate Data
The following identifies limitations on use related to the aXcelerate API:
- Reliance on API. The aXcelerate APIs are evolving, and we need the flexibility to occasionally make changes to our APIs, including backwards incompatible ones. We will provide reasonable notice of these changes to users via our API Update email which will be sent to users from time to time;
- Applicable laws or agreements. You may not use the aXcelerate 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 aXcelerate’s other agreements to which you are subject;
- Scope of acceptable use. You may not use the aXcelerate API or any other technology in a manner that accesses or uses any information beyond what aXcelerate allows under this API TOS or the Documentation; that changes the aXcelerate Service; that breaks or circumvents any of aXcelerate’s technical, administrative, process or security measures; that disrupts or degrades the performance of the aXcelerate Service or the aXcelerate API; or that tests the vulnerability of aXcelerate’s systems;
- Malware. 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 aXcelerate API or portion thereof;
- Functionality. You may not use the aXcelerate API to replicate or compete with core products or services offered by aXcelerate. You acknowledge and agree that aXcelerate has or may in the future offer products or services that are similar to your Application, and nothing will prevent aXcelerate 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 aXcelerate API;
- Rate Limits. You will not attempt to exceed or circumvent limitations on access, calls and use of the aXcelerate API, or otherwise use the aXcelerate API in a manner that exceeds reasonable request volumes, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of this API TOS or the Documentation;
- Distribution of your application. You may not distribute or allow access to the aXcelerate 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.
Your User Agreement and Privacy Policy
If you offer your Application for use by others outside your organisation, you must maintain a user agreement and privacy policy for your Application, which is prominently identified or located where users download or access your Application. Your privacy policy must meet applicable legal standards and accurately describe the collection, use, storage and sharing of data. You must promptly notify us of any breaches of your user agreement or privacy policy that impact or may impact aXcelerate users.
Term 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 aXcelerate 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.
- Suspension & Termination. We may change, suspend or discontinue the aXcelerate API and suspend or terminate your use of the aXcelerate API, the aXclerate Service, and/or aXclerate Brand at any time and for any reason, without notice. Without limiting the foregoing, we may limit your Application's access to the aXcelerate 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 aXcelerate information in your possession or control that was received under this API TOS;
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 aXcelerate home page. You acknowledge that these updates and modifications may adversely impact how you access, use, and communicate with the aXcelerate API. If any change is unacceptable to you, then your only recourse is to cease all use of the aXcelerate API. Your continued access or use of the aXcelerate API will mean that you agree to the updates and modifications.
