Terms of Service
Please read these Terms of Service ("Terms" or "Terms of Service") carefully before using the apidog.com website and Services operated by Apidog. ("Apidog", "us", "we", or "our"). For purposes of these Terms, “you” and “your” means you as the user of the Service. “Services” means Apidog’s online software-as-a-service platform and services including any related APIs provided by Apidog, together with all related mobile and desktop applications. “Services” exclude Non-Apidog Services.
By accessing or using the service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access the Service.
For purposes of these Terms: (i) “Apidog Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service by Apidog or its licensors; and (ii) “User Content” means any Content that you provide to be made available through the Service (excluding Team Content). Collectively, Apidog Content, User Content, and Team Content are referred to as “Content.”
Content Ownership: We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Apidog and its licensors exclusively own all right, title and interest in and to the Service and Apidog Content, including all associated intellectual property rights. You acknowledge that the Service and Apidog Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Apidog Content.
Rights in User Content Granted by You: By making any User Content available through the Service, you hereby grant to Apidog a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify (for formatting purposes only), your User Content solely in connection with operating and providing the Service and Apidog Content to you and, depending on the permission you grant, to other users, individuals, and/or Teams. Subject to the foregoing license, as between Apidog and you, you retain any and all of your rights to your User Content. You acknowledge that if you provide Team Content (as defined below), then the ownership of such Team Content may be as set forth in any agreement between you and the Team, and in the absence of such agreement, then as between you and the Team, the Team may own the rights to any such Team Content.
Your Responsibility for User Content: You are solely responsible for your User Content. You represent and warrant that you own your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by Apidog on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation or violate any agreement you have with any third party.
Sharing User Content: You may designate your User Content as “public” (such as posting User Content to an Team Project) or “private”. You agree that User Content you designate as public will be accessible by and be available to other users of the Service to whom you grant access to such publicly designated User Content. Consequently, you understand and agree that such users will have the right to view, comment on and tag your publicly designated User Content. If you grant users additional permissions with respect to your User Content, you understand and agree that such users will, depending on the permissions you grant, have the right to use, publish, display, modify, or duplicate such User Content. You grant Apidog all rights necessary to make any of your publicly designated User Content available to other users of the Service and to permit those users to engage in the activities described in this Section with respect to your publicly designated User Content.
Removal of User Content: You can remove your User Content that you designate as private by specifically deleting it. However, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Service. Additional details with respect to the removal and storage of User Content are set forth in Section 15 (Termination) below.
Rights in Content Granted by Apidog: Subject to your compliance with these Terms, Apidog grants to you a limited, non-exclusive, non-transferable license, with no right to sublucen, to download, view, copy, display and print the Apidog Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Apidog Content & Use Policy and Monitoring Content: You agree that your use and all User Content will comply with Apidog’s Content & Use Policy. Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
2. Restrictions on Your Use of the Service
You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our express written permission from Apidog to do so:
post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
access or use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's access to or use of the Service or use any device, software or routine that causes the same;
attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protection of the Service;
use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same;
introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
use the Service for illegal, harassing, unethical, or disruptive purposes;
violate any applicable law or regulation in connection with your access to or use of the Service;
access or use the Service from any country or region subject to a comprehensive U.S. embargo;
access or use the Service in any way not expressly permitted by these Terms.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. Sharing of your User login or password is prohibited. You accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
You may not use the Service if you are 13 years of age or younger. By using the Service, you represent and warrant that you are over the age of 13.
User Content submitted, posted or modified by users in the Service is organized into separated sections we refer to as “Projects.”
In the Service, you can work across multiple Projects at once, meaning your single account can access your own Personal Project(s) and your employer’s Team Project. Projects are completely separate, and you won’t be able to link any Content between them (although you can transfer Content from one Projects to another). You can also export your User Content from your Projects for use outside of the Service using our export tool available on our online account management page. Note that exporting or transferring Team Content from a Team Project will be managed by the applicable Team administrator, which may or may not allow you to use our export or transfer tools for Team Content.
Users that join an Team Project agree that their Apidog account data and User Content created in that Projects may be shared with that Team and may be accessed, modified, or deleted by the Projects owner or administrator. Further, you acknowledge and agree that if you register for Apidog with an email address provisioned by an Team (“Enterprise Personal Email”), you agree that such Team may be able to view information about any Projects you create or for which you are an administrator, including a list of Team members, and guests and Content. Such Team may have the ability to manage your Projects, including to claim control and ownership of any Project you create or for which you are an administrator, including any Content within such Projects.
If you join an Team Projects, your use must comply with that Team’s policies and any agreement that you may have with that Team. Team Projects are subject to such Team’s control. Team administrators may be able to access, disclose, restrict, or remove Content in or from the Team Project. They may also be able to restrict or terminate your access to the Team Project. If you convert an existing Personal Project into a Team Project or transfer or share content with a Team Project, your administrator(s) may prevent you from later disassociating Content from the Team Project.
5. Interacting with Team Projects
A Team may (i) invite you to use or permit you to use their Team Project; and/or (ii) invite you to join the Service as their Team User.
As stated in the “Content” section of these Terms, if you submit or post Content to an Team Project (such Content, the “Team Content”), then as between you, Apidog, and such Team, the Team will own all rights to such Team Content. For the avoidance of doubt, the foregoing does not prevent you from entering into a separate agreement between you and the Team that addresses ownership of Content as between you and such Team.
Teams are authorized to add and remove users to use their unique Team Projects. Users that have been authorized to use an Team Project of the Service by an Team are referred to as an “Team User” while they are using such Team Projects. If you purchased an Team Subscription on behalf of your team or employer, your team or employer is the team, and not you. The Team can modify and re-assign roles on the Team Projects (including your role). If the Team elects to replace you as the representative with ultimate authority for the Team Projects, you agree to take any actions reasonably requested by us or the Team to facilitate the transfer of authority to a new representative of the Team.
If you are using a Team Project as a Team User, you acknowledge that the Service as used by you under such circumstances is a workplace tool intended for use by businesses and teams and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply in connection with such use of a Team Project as a Team User.
Some parts of the Service are made available on a paid subscription basis ("Subscription(s)"). Pricing and included features for the Subscriptions (“Subscription Plan(s)”) are set forth here: apidog.com. “Subscription Fees” means all fees associated with your Subscription.
You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set on a monthly or yearly basis. Whether you are using monthly or yearly billing, your account may be charged on a monthly basis.
Auto-Renewal: You agree that at the end of each Billing Cycle, your Subscription will automatically renew and your payment method for such Subscription will automatically be charged at the start of each new Subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel your Subscription prior to your renewal date.
A valid payment method, including credit card, is required to process the payment for your Subscription. You must provide Apidog with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize Apidog to charge all Subscription Fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Apidog may attempt to charge the credit card on file one or more times. Should payment continue to fail, the Subscription will be, at Apidog’s sole discretion, cancelled or downgraded and you may lose access to certain paid features and/or your Project and Apidog account.
You may cancel your Subscription either through your online account management page or by contacting Apidog customer support team at email@example.com and indicating your intention to cancel your Subscription.
7. Fees and Fee Changes
Apidog, in its sole discretion and at any time, may modify the Subscription Fees for the Subscriptions. Any Subscription Fee change will become effective at the end of the then-current Billing Cycle.
Apidog will provide you with reasonable prior notice of any change in Subscription Fees.Your continued use of the Service constitutes your agreement to pay the modified Subscription Fees.
Subscription Fees are stated exclusive of any taxes or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your Subscription, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you will reimburse us for such withholding tax.
Payment obligations are non-concealable, and fees paid are non-refundable and there are no credits for partially used Subscription periods.
9. Communications from Apidog
By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.
10. Intellectual Property
The Service and its Content (excluding User Content and Organization Content), features and functionality are and will remain the exclusive property of Apidog and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Apidog.
We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of Apidog, and Apidog may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Apidog any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property rights) that you may have in and to any and all Feedback.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
You may request to delete your own Personal Project(s) at any time from within our account management page. Upon your request to delete a Personal Project, all Content from such Personal Project will immediately become inaccessible. After 15 days, User Content will be deleted from our servers and can no longer be recovered. Similarly, if you delete some (but not all) of the User Content designated as private on your Personal Project, after 15 days, such User Content will be deleted from our servers and can no longer be recovered. You acknowledge and agree that any User Content that has been transferred to a Team Project shall be retained in such Team Project following termination of your Personal Project.
You agree to defend, indemnify and hold harmless Apidog and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User Content provided to the Service.
14. Limitations of Liability
IN NO EVENT SHALL APIDOG, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APIDOG’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE AND THESE TERMS IS LIMITED TO THE GREATER OF (i) $20 USD; OR (ii) ONE HUNDRED PERCENT (100%) OF ANY AMOUNT YOU’VE PAID FOR YOUR SUBSCRIPTION IN THE PRECEDING TWELVE (12) MONTH PERIOD.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
APIDOG, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
Some jurisdictions (such as the state of New Jersey) do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages set forth in the “LIMITATION OF LIABILITY” and “DISCLAIMER” sections above, so the limitations above may not apply to you.
17. Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions or by the JAMS Rules in the case or arbitrations as outlined below.
18. Compliance with Trade Controls
Your use of the Service is subject to export controls and sanctions laws and regulations (including those of the U.S.). You are not permitted to use the Services if you are: (1) subject to the restriction of a sanctions or export denial list, including, but not limited to, the U.S. Specially Designated Nationals and Blocked Persons (“SDN”) List and the U.S. Entity List, Unverified List and Denied Persons List; (2) any individual or entity ordinarily resident in or organized under the laws of a region subject to a comprehensive U.S. embargo (presently including Cuba, Iran, Syria, North Korea and the Crimea, Donetsk People’s Republic, and Luhansk People’s Republic regions of Ukraine); (3) using the Apidog’s Service for any purpose prohibited by applicable export control and sanctions laws and regulations, including, but not limited to, nuclear, chemical, or biological weapons proliferation, rocket, missile or unnamed aerial vehicle systems for use in delivering weapons, use in nuclear facilities not subject to IAEA safeguards, other restricted nuclear activities, military-intelligence, unauthorized surveillance activities or human rights abuses, or for a military end user or end use in a country subject to an arms embargo; or (4) a party requiring Apidog to obtain a government license or authorization under the applicable export control and sanctions laws in order to provide, export, re-export, or transfer its products and services.
19. Arbitration and Class Action Waiver
Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Apidog’s services and/or products, including the Service, will be resolved by arbitration. You and Apidog agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered into any court that has jurisdiction.
Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Apidog are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Apidog will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.
Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules.
You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to firstname.lastname@example.org The notice must be sent to Apidog within thirty (30) days of your registering to use the Service or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Apidog also will not be bound by them.
20. California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
23. Entire Agreement
These Terms constitute the entire agreement between you and Apidog regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may contact us via email at email@example.com
Last updated: September 1, 2022