This agreement takes effect when Customer accepts these terms of use (“API Terms”). The individual who accepts them represents that it is authorized to enter into this Agreement on behalf of Customer.
Through the APIs, Ignitia provides access to its data related to weather forecasting (“Ignitia data”). If you agree to these terms and comply with any accompanying documentation, you may use Ignitia APIs to access Ignitia data within a software application, website, tool, service, or product you create or offer to users (your “Application”).
Subject to your compliance with all of the API Terms, Ignitia grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to use Ignitia APIs to access Ignitia data and use that data within your Application. Violation of these API Terms may result in the suspension or termination of your use of the Ignitia APIs.
All rights not expressly granted herein are reserved by Ignitia. You acknowledge that all intellectual property rights, database rights, trade secret rights, know-how and other rights in and to the Ignitia APIs and Ignitia data are owned by Ignitia and nothing within these API Terms will act to transfer any of these rights to you.
We may not provide support services for the Ignitia APIs. You are solely responsible for the quality of your Application and providing support for your Application.
You may not:
You will ensure to apply the ‘do not significant harm’ principle through the whole life cycle of our products and services, by doing no significant harm to:
You must comply with all laws and regulations applicable to your use of Ignitia data accessed through the Ignitia APIs, including without limitation laws related to data protection, trade secrets and confidentiality of communications. Your use of the Ignitia APIs is conditioned upon implementing and maintaining appropriate protections and measures for your service and Application, and that includes to the Ignitia APIs and Ignitia data.
We may change or discontinue the availability of some or all of the Ignitia APIs. Such changes may include, without limitation, removing or limiting access to specific API(s) or impose limits on certain features and services. We may also release subsequent versions of the Ignitia APIs and require that you use those subsequent versions.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE IGNITIA APIs. YOU UNDERSTAND THAT USE OF THE IGNITIA APIs IS AT YOUR OWN RISK AND THAT WE PROVIDE THE IGNITIA APIs ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE”. WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT THE IGNITIA APIs WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING OR THAT THE IGNITIA DATA PROVIDED IS CORRECT, UP-TO-DATE OR ERROR FREE. IN PARTICULAR, THE OPERATION OF THE IGNITIA APIs MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION, ERRORS IN FUNCTIONING, OR THAT DATA LOSS WILL NOT OCCUR.
IF YOU HAVE ANY BASIS FOR RECOVERING DIRECT DAMAGES, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER UP TO A TOTAL AGGREGATE AMOUNT EQUAL TO WHAT YOU HAVE PAID FOR ACCESSING THE DATA IN THE 6 MONTH PERIOD PRECEDING SUCH CLAIM. YOU CAN’T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages.
These limitations and exclusions apply to any claims related to these API Terms and your use of the Ignitia APIs, including the content accessed through the use of Ignitia APIs.
You will defend, hold harmless, and indemnify Ignitia from any claim or action brought by a third party, including all damages, liabilities, costs and expenses, and reasonable attorney fees, to the extent resulting from, alleged to have resulted from, or in connection with your breach of the obligations herein or infringement of Ignitia’s or third party’s intellectual property.
You may terminate these API Terms at any time by ceasing your access to the Ignitia APIs.
Upon termination, all licenses granted herein immediately expire and you must cease use of the Ignitia APIs. You must also comply with instructions to return or delete any data accessed or obtained through the Ignitia APIs, unless expressly permitted by Ignitia or prohibited by law. Neither party will be liable to the other for any damages resulting solely from termination of these API Terms.
Swedish law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. Any dispute, controversy or claim arising out of or in connection with these API Terms shall be finally settled by the Swedish Courts, with Stockholm District Court (Stockholms tingsrätt) as court of first instance.
Nothing in this Agreement shall be construed as creating an employer-employee relationship, processor-subprocessor relationship, a partnership, or a joint venture between Ignitia and you.
Either party’s failure to act with respect to a breach of these API Terms does not waive either party’s right to act with respect to that breach or subsequent similar or other breaches.