These API Terms of Use (the “API Terms”), are made and entered into by and between SEWN Technology Solutions AB (“SEWN” or “we”), and you (“Developer” or “you”). SEWN and Developer are sometimes referred to in the API Terms individually as a “Party” and collectively as the “Parties”. SEWN and Developer hereby agree as follows:
AGREEMENT TO THE API TERMS.
By registering a software application, website, or product you create or service that you offer (a “Developer Application”), you agree to be bound by the API Terms. You must read, agree to, and accept all of the terms and conditions contained in the API Terms in order to use the Era of We API. Additionally, you agree to and accept the Terms and Conditions for the service, available at Era of We Legal Center. If you disagree with any of the terms of the API Terms or the Terms and Conditions, SEWN does not grant you a license to use the Era of We API. If you are using the Era of We API on behalf of a company or any other entity, you represent and warrant that you have full legal authority to register a Developer Application on behalf of that entity and bind it to the API Terms and the Terms and Conditions. If you are not authorized, you may not accept the API Terms or register a Developer Application for someone else.
DEFINITIONS.
Capitalized terms not defined in the API Terms have the meanings given to them in the Terms and Conditions.
1.Application. Any software application, website, or product you create or service you offer using the Era of We API.
2. API Documentation. The documentation, data, and information that SEWN provides regarding the use of the Era of We API through the Developer Site.
3. Data. 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 SEWN service by a user of the service.
4. Developer Site. SEWN developer Site found at (paste developer site link here).
5. Era of We API. A set of web-based services providing programmatic access to SEWN’s systems and data, together with all updates, revisions, and copies thereof. This also includes any associated tools and documentation that SEWN makes available under the API Terms.
6. Era of We Content. Any data, content, or executables of or associated with the Era of We API or Marketplace (as defined in the Era of We Terms and Conditions). This includes all SEWN User Data.
7. Era of We User Data. Any content, information, and other data about persons who use the SEWN services received or collected by Developer through any instance of the Developer Application, the Era of We API, or otherwise in connection with the API Terms.
8. SEWN Service(s). SEWN’s business process management and related systems and technologies, as well as the website https://www.eraofwe.com (the “Site”), and all software, applications, data, reports, text, images, and other content made available by or on behalf of SEWN through any of the foregoing. The “Service” does not include data or any software application or service that is provided by you or a third party (including applications), whether or not SEWN designates them as “official integrations”.
9. SEWN Brand. The SEWN brand and brand assets, including names, logos, trade names, and trademarks. This includes trademarks such as “Era of We”.
DEVELOPER’S USE OF THE ERA OF WE API.
Developer wishes to use and access the Era of We API in connection with the development and distribution of a Developer Application and agrees to the additional requirements herein. Developer and SEWN hereby agree as follows:
1.Developer Registration. Before using the Era of We API, Developer must provide accurate information identifying its organization and the individual representative who will serve as a point of contact for SEWN. The registration may be completed and accepted by SEWN on the Marketplace. Upon successful registration, SEWN shall make Access Credentials available to Developer. “Access Credentials” means the necessary security keys, secrets, tokens, and other credentials to access the Era of We API. All activities that occur using your Access Credentials are your responsibility. Access Credentials are specific to you and are confidential information.
2. Reliance on Era of We API. SEWN is still evolving, and we need the flexibility to occasionally make changes to our APIs, including backward-incompatible, ones. We will try to give notice of such changes. Also, parts of the Era of We API are undocumented, including certain methods, events, and properties. Given that these undocumented aspects of the Era of We API may change at any time, you should not rely on these behaviors.
3. Development of the Developer Application. Subject to the terms of these Terms of Use, Developer will develop one or more Developer Applications. Developer will ensure that all Developer Applications are and remain in compliance with the API Terms and the Era of We Terms and Conditions.
3A. Permitted Uses of the Era of We API. Your use of the Era of We API is limited to the purpose of facilitating your own or your Users’ use of the Marketplace.
3B. Prohibited Uses of the Era of We API. Developer must never do any of the following:
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Any acts or omissions in breach of the Era of We Terms and Conditions.
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Use the Era of We API in any Developer Application that includes adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under 21 years of age, promotes or offers malicious code, or violates any applicable law or regulation.
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Use the Era of We API to retrieve Era of We Content that is then aggregated with third-party search results in such a way that a user cannot attribute the Era of We Content to SEWN (such as aggregated search results).
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Distribute or allow access to the Era of We API to anyone other than the entity on whose behalf Developer agreed to these Terms, or create an application programming interface that enables access to Era of We Content
3C. Prohibited Uses/Functions of Developer Application. Developer and the Developer Application must not do the following:
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Implement features or business practices that unlawfully harm the professional reputation or relationships of SEWN or SEWN users.
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Use Era of We Content received from the Era of We API in any manner that facilitates bias, discrimination, or data “redlining,” whether intentional or inadvertent, based on sensitive or protected categories or characteristics.
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Impersonate SEWN or an SEWN user or intentionally misrepresent SEWN or any SEWN user or other third party when requesting or publishing information.
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Obfuscate or hide any SEWN buttons, sign-in functionality, or consent or authorization flows from your users.
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Proxy, request, or use SEWN account user names or passwords in any fashion for any reason.
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Request from the Era of We API more than the minimum data fields and application permissions the Developer Application needs.
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Download, scrape, post, or transmit, in any form or by any means, any part of the Marketplace, including data retrieved by web browser plugins.
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Copy, reformat, reverse-engineer, or otherwise modify the Era of We API, Access Credentials, the Marketplace, or any Era of We Content.
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Promote or operate any product or service that competes with the Marketplace.
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Interfere with or disrupt SEWN services, SEWN servers or networks connected to SEWN services, or disobey any requirements, procedures, policies or regulations of networks connected to the Marketplace.
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Engage in any conduct that fails to comply with, or is otherwise inconsistent with, any agreement between Developer and SEWN or any written instructions provided by SEWN.
4. Applicable laws or agreements. You may not use the Era of We 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 SEWN’s other agreements to which you are subject.
5. Scope of acceptable use. You may not use the Era of We API or any other technology in a manner that accesses or uses any information beyond what SEWN allows under this API TOS or the Documentation; that changes the SEWN Service; that breaks or circumvents any of SEWN’s technical, administrative, process or security measures; that disrupts or degrades the performance of the SEWN Service or the Era of We API; or that tests the vulnerability of SEWN’s systems or networks.
6. 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.
7. Reverse engineering. You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the Era of We API or portion thereof;
8. Functionality. You may not use the Era of We API to replicate or compete with core products or services offered by SEWN. You acknowledge and agree that SEWN has or may in the future offer products or services that are similar to your Application, and nothing will prevent SEWN from doing so;
9. Commercial Use. You may charge for your application. However, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the Era of We API.
10. Advertising. You may place advertisements on and around your application. However, you may not:
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Place any advertisements within SEWN Service channels, and your advertisements may not resemble or be reasonably likely to confuse users as being a SEWN Service message;
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Use Data or any content from SEWN in any advertisements or for purposes of targeting advertisements, in your Application or elsewhere; or
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Use contact information obtained from SEWN (including email addresses) to contact SEWN users outside of SEWN without their express permission.
11. Rate Limits. You will not attempt to exceed or circumvent limitations on access, calls,at and use of Era of We API, or otherwise use the Era of We 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 this API TOS or the documentation. Our present rate limits are 10 requests per second per IP address, as well as 10 requests per second per session/bearer token.
12. Use for promotion of gambling or adult content. You may not use the Era of We APIs in any Application that includes adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under 21 years of age, or otherwise violates any applicable law or regulation.
13. Distribution of your application. You may not distribute or allow access to the Era of We 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.
API LICENSE.
1.Using the Era of We API. As part of the API Terms, SEWN grants you a non-exclusive, non-transferable, and non-sublicensable (except as expressly permitted herein) license to use the Era of We API solely to do the following and subject to the restrictions set forth in the API Terms:
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Enable your Application to interact with SEWN’s databases to retrieve information necessary to facilitate your own or your users’ use of the Marketplace through your application;
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Make limited intermediate copies of SEWN Content only as necessary to perform activity permitted under the API Terms. You must delete all intermediate copies when they are no longer required for the purpose for which they were created;
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Rearrange or reorganize Era of We Content within your Application; and
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Display in your Application Era of We Content consistent with this Agreement.
2. API Call Limitations. The number of API calls you will permitted to make during any given time period may be limited. SEWN will determine call limits based on various factors, including the ways your Application may be used or the anticipated volume of use associated with your Application. SEWN may, in its sole discretion, charge you for API calls that exceed the call limits or terminate your access to the Era of We API. Unused calls will not roll over to the next day or month, as applicable.
DATA USE.
1.Obligations to SEWN. Developer may only use, disclose, and otherwise process SEWN User Data in accordance with the written instructions of SEWN and applicable laws, rules and regulations.
2. Prohibited Uses. Developer will not:
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Use Era of We Content for any purpose except to the extent necessary for (1) the purpose of processing and supporting a specific transaction for the applicable SEWN user or (2) the purpose of providing services to SEWN.
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Use Era of We Content for any research or publication purpose without prior written consent and a license from SEWN to research or publish, as applicable, Era of We Content.
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Use Era of We Content for any other purpose (e.g., for Developer’s own benefit or for the benefit of any other entity or person).
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Use Era of We Content for user profiling purposes or for advertising purposes.
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Sell, lease, sublicense, or otherwise transfer, directly or indirectly, Era of We Content to any third party.
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Augment, commingle, or supplement Era of We Content with personally identifiable or confidential information (including any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device) from any third-party source.
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Use the user identification or authentication codes connected to any SEWN user to disclose information related to that user to any third party.
DATA STORAGE.
Except as provided in the API Terms, Developer may not copy or store any Era of We Content, or any information expressed by or representing Era of We Content (such as hashed or otherwise transformed data).
1.Authentication Tokens. Developer may store any Developer Application-specific alphanumeric user identification codes that SEWN provides to Developer for identifying individual users of the Developer Application or any tokens that SEWN provides to Developer when an SEWN user authenticates the Developer Application for the SEWN user’s account.
2. Cached Content. Solely for the purpose of improving user experience, Developer may cache Era of We Content for no more than twenty-four (24) hours.
3. Deletion. Developer must promptly and securely delete all SEWN User Data collected from SEWN users upon request of the SEWN user, when the SEWN user deactivates or uninstalls the Developer Application, when the SEWN user closes their account with Developer, and before, when possible, or promptly upon termination of the API Terms. Developer will promptly and securely delete all Era of We Content after completion of all activities reasonably necessary to operate or maintain the Developer Application and upon termination of the API Terms.
4. Secure Storage Measures. All data should be stored and served using strong encryption.
5. No Other Storing. You may not copy or store any Data or capture or store any information expressed by the data (such as hashed or transferred data), except to the extent permitted by this API TOS.
USER CONSENT AND AGREEMENT.
1.User Agreement and Privacy Policy. The Developer Application must include your own user agreement and privacy policy. Your user agreement and privacy policy must be prominently identified or located where members download or access the Development 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 SEWN users.
2. User Consent. Before obtaining information from SEWN users, you must obtain their informed consent by telling them what information you collect and how it will be used, stored or shared, and by taking any additional steps required by law or regulation.
DATA SAFEGUARDS.
Developer will protect Era of We User Data in accordance with all applicable laws. Your network, operating system, and software of your web servers, databases, and computer systems (collectively “Systems”) must be properly configured to securely operate the Developer Application and Era of We User Data. The Developer Application must use reasonable security measures to protect any SEWN User Data and any elements or components of the Era of We API. You shall not architect, design, or select Systems in a manner to avoid these obligations. You must promptly report to SEWN any security deficiencies in, or intrusions into, your Systems that you discover to SEWN. You will work with SEWN to correct any security deficiency and disconnect any intrusions or intruders as soon as practicable upon discovery of any such deficiency or intrusion. In the event of any security deficiency or intrusion involving the Developer Application or Era of We User Data, you will make no public statements without prior written and express permission from SEWN in each instance, unless otherwise required by law.
ACCESS TO THE ERA OF WE API.
Subject to the API Terms, SEWN may, in its sole discretion, make specific instances or versions of the Era of We API available to Developer for use in connection with Developer Applications. SEWN may terminate such access to the Era of We API, in whole or certain features, functions, or services thereof, for convenience, at any time. The Era of We API will be deemed to be a part of the Marketplace as set forth in the Era of We Terms and Conditions.
INTELLECTUAL PROPERTY.
1.SEWN Materials. SEWN owns all rights, title, and interest, including all intellectual property rights, in and to, the Era of We API; all elements, components, and executables of the Era of We API; and all elements, components, and executables of the Marketplace (collectively, the “Era of We Materials”). The only exception to this is any information or Content which you as an SEWN user have licensed to SEWN under the Era of We Terms and Conditions. Except for the express licenses granted in the API Terms, SEWN does not grant you any right, title, or interest in the Era of We Materials. Developer agrees to take such actions as SEWN may reasonably request to perfect SEWN’s rights to the Era of We Materials.
2. Developer Property. Except to the extent the Developer Application contains Era of We Materials, SEWN claims no ownership or control over your Developer Application. During the term of the API Terms you hereby grant SEWN a paid-up, royalty-free, non-exclusive, worldwide, irrevocable right and license, under all of your intellectual property rights, to: (1) use, perform, and display the Developer Application and its content for purposes of marketing, demonstrating, and making the Developer Application available to SEWN users; (2) link to and direct SEWN users to the Developer Application; and (3) sublicense the foregoing rights to our affiliates. You represent and warrant to SEWN that, excluding Era of We Materials, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your application, and that use of your application by SEWN and its users will not violate the rights of any third party (e.g., copyright, patent, trademark, privacy, publicity or another proprietary right of any person or entity), or any applicable regulation or law, including the laws of any country in which your application is made available and any applicable export laws.
INDEPENDENT DEVELOPMENT BY SEWN.
Developer understands and acknowledges that SEWN may be independently creating applications, content, and other products or services that may be similar to or competitive with the Developer Application. Nothing in the API Terms will be construed as restricting or preventing SEWN from creating and fully exploiting any applications, content, and other products or services, without any obligation to Developer. This paragraph will survive the termination or expiration of the API Terms.
CONFIDENTIAL INFORMATION.
Developer agrees that the content of the Era of We API, and any Era of We Content that by its nature should reasonably be known to be confidential, is deemed to be confidential information of SEWN and Developer will maintain the same in strict confidence and not disclose the same to any third party (other than employees, agents and contractors of Developer for the sole purpose of providing services to Developer to complete work permitted hereunder) or use the same for any purpose other than its performance under the Agreement. To the extent that you retain any Era of We Content after the termination or expiration of the API Terms, this paragraph will survive the termination or expiration of the API Terms.
FEES.
SEWN currently provides the Era of We API without charge. However, SEWN reserves the right, at SEWN’s sole discretion, to charge fees for future use of or access to the Era of We API. Developer may not charge any fee to SEWN users for the Developer’s Application without the express written permission or agreement of SEWN.
TERM AND TERMINATION.
1.Term. The term of the API Terms will commence on the date upon which you agree to the API Terms and will continue until terminated as set forth below.
2. Developer’s Termination Rights. Developer may terminate the API Terms by discontinuing use of the Era of We API and returning all Era of We Content, including Era of We User Data.
3. Suspension and Termination. SEWN may suspend or terminate Developer’s use of the Era of We API at any time if we believe you have violated the API Terms or Era of We Terms and Conditions, or if we believe the availability of the Era of We API in the Developer Application is not in our or our users’ best interests. Immediately upon termination of the API Terms, all licenses granted to Developer will cease and all data retrieved from the Era of We API or Marketplace must be deleted.
4. Effect of Termination. Upon termination of these Terms:
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all rights and licenses granted to Developer will terminate immediately;
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Developer will promptly and securely destroy Era of We Content in your possession or control;
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neither party is liable to the other party solely because the API Terms have been terminated;
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unless we agree otherwise in writing or as stated explicitly in the API Terms, Developer must permanently delete all Era of We Content and Era of We User Data or other data which you stored pursuant to your use of the Era of We API. SEWN may require that you certify in writing your compliance with this section; and
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SEWN will make commercially reasonable efforts to remove all references and links to the Developer Application from the Marketplace (SEWN has no other obligation to delete copies of, references to, or links to the Developer Application).
WARRANTIES AND LIABILITIES.
1.Disclaimer of Warranties. SEWN provides the Era of We API, SEWN content, and all other information and services on an “as is” and “as available” basis with no warranties, either express or implied, of any kind. To the fullest extent permissible
under applicable law, SEWN disclaims any and all warranties and representations, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and noninfringement. SEWN disclaims all liability for damages caused by any interruption or errors in functioning. Furthermore, SEWN disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Era of We API due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
2. Limitations of Liability. SEWN shall not be liable for any indirect or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Era of We API.
3. Indemnification. You will defend, hold harmless, and indemnify SEWN (and our and their respective employees, agents, shareholders, and directors) from any claim or action brought by a third party, including all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, to the extent resulting from, alleged to have resulted from, or in connection with: (i) your breach of your obligations herein; or (ii) the violation of any copyright, trademark, service mark, trade secret or United States patent by the Developer Application.
GENERAL.
1.Relationship of the Parties. The parties are agreeing to the API Terms as independent contractors, and the API Terms will not be construed to create a partnership, joint venture or employment relationship between them. Neither party is authorized to or will represent itself to be an employee or agent of the other or enter into any agreement on the other’s behalf of or in the other’s name.
2. Severability. If and to the extent any provision of the API Terms is held invalid or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the relevant jurisdiction and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The invalidity or enforceability of such provision in that jurisdiction shall not in any way affect the validity or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
3. Choice of Law and Venue. The API Terms and any controversy, dispute or claim arising out of or relating to the API Terms shall be governed by and construed in accordance with the laws of Sweden without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute, controversy or claim arising out of or in connection with this agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. The language of the proceedings shall be English.
4. No Waiver. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party.
5. Changes to the API Terms. We may change, add to or delete these API Terms or any portion thereof from time to time in our sole discretion. If we make a material change, we will provide you with reasonable notice before the changes either by emailing the email address associated with your account or by posting a notice on the site. You acknowledge that these updates and modifications may adversely impact how you access, use, and communicate with the Era of We API. If any change is unacceptable to you, then your only recourse is to cease all use of the Era of We API. Your continued access or use of the Era of We API will mean that you agree to the updates and modifications.
6. Miscellaneous. The API Terms set forth the entire agreement and understanding of the parties relating to their subject matter and cancel and supersede any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between them. No modification or amendment to the API Terms shall be binding upon SEWN unless in a written instrument signed by a duly authorized representative of SEWN.