Natural Insight API Terms of Service Agreement
This Natural Insight API Terms of Service document (the “API TOS”) is an agreement you must accept in order to use the Natural Insight API (as described below). This document describes both your rights and your obligations as part of using the Natural Insight API. It is important that you read it carefully because you will be legally bound to these terms. Natural Insight (“Natural Insight” “we” “us”) only provides the Natural Insight API to you subject to this API TOS. By accepting this API TOS or by accessing or using the Natural Insight 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 Natural Insight API. You acknowledge that this API TOS is a contract between you and Natural Insight, even though it is electronic and is not physically signed by you and Natural Insight, and it governs your use of the Natural Insight API.
a. Application – Any software application, website, or product you create or service you offer using the Natural Insight API (defined below).
b. API Documentation – The documentation, data and information that Natural Insight provides regarding the use of the Natural Insight API through the Developer Site or other electronic communication.
c. Data – means any data and content entered, uploaded, posted, transmitted or otherwise made available by users via the Services, including field reports, timekeeping, messages, files, comments, profile information and anything else entered or uploaded into the Service by a user of the Service. d. Developer Site – Natural Insight’s Developer site when available at https://api.Natural Insight.com/
e. Natural Insight API or “our API” – The publicly available Natural Insight Application Programming Interface (“API”) as well as the related API Documentation.
f. Natural Insight Brand – The Natural Insight brand and brand assets, including names, logos, trade names and trademarks.
g. Natural Insight Service(s) – Natural Insight’s real-time communication, field reporting, timekeeping messaging, archiving and scheduling services and related systems and technologies, as well as the website http://my.NaturalInsight.com (the “Site”), and all software, applications, data, reports, text, images, and other content made available by or on behalf of Natural Insight 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 Natural Insight designates them as “official integrations”.
As long as you follow this API TOS, Natural Insight 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 Natural Insight APIs with your Application. Your license is subject to the limitations set forth in Section 4 and Section 11 below, and you agree that violation of Section 4 will automatically terminate your license to use the Natural Insight APIs.
The following identifies limitations on use related to the Natural Insight API:
a. Reliance on API. Natural Insight is still evolving, and we need the flexibility to occasionally make changes to our APIs, including backwards incompatible ones. Also, parts of our API are undocumented, including
certain methods, events, and properties. Given that these undocumented aspects of our API may change at any time, you should not rely on these behaviors.
b. Applicable laws or agreements. You may not use the Natural Insight 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 Natural Insight’s other agreements to which you are subject.
c. Scope of acceptable use. You may not use the Natural Insight API or any other technology in a manner that accesses or uses any information beyond what Natural Insight allows under this API TOS or the Documentation; that changes the Natural Insight Service; that breaks or circumvents any of Natural Insight’s technical, administrative, process or security measures; that disrupts or degrades the performance of the Natural Insight Service or the Natural Insight API; or that tests the vulnerability of Natural Insight’s systems or networks.
d. 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.
e. Reverse engineering. You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the Natural Insight API or portion thereof;
f. Functionality. You may not use the Natural Insight API to replicate or compete with core products or services offered by Natural Insight. You acknowledge and agree that Natural Insight has or may in the future offer products or services that are similar to your Application, and nothing will prevent Natural Insight from doing so;
g. Commercial Use. You may charge for your Application. However, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the Natural Insight API.
h. Advertising. You may not:
1. i. Create, distribute or link to advertisements that resemble or may be reasonably likely to confuse users as being a Natural Insight Service message;
2. ii. Use Data or any content from Natural Insight in any advertisements or for purposes of targeting advertisements, in your Application or elsewhere; or
3. iii. Use contact information obtained from Natural Insight (including email addresses) to contact Natural Insight users outside of Natural Insight without their express permission.
i. Rate Limits. You will not attempt to exceed or circumvent limitations on access, calls and use of Natural Insight API, or otherwise use the Natural Insight 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.
j. Use for promotion of gambling or adult content. You may not use the Natural Insight 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.
k. Distribution of your application. You may not distribute or allow access to the Natural Insight 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.
You must not use the Natural Insight Brand in a way that suggests your service is endorsed by, sponsored by, or associated with Natural Insight, and you must abide by Natural Insight’s Brand Guidelines.
a. Caching Data. Where Data is cached, you should refresh the cache at least every 24 hours.
b. Secure Storage Measures. All Data should be stored and served using industry best practices for data protection.
c. Delete at User Request. You must delete all Data you have collected from a Natural Insight client upon request by that client, and when the Natural Insight client deauthorizes your Application or terminates their relationship with Natural Insight. Similarly, when a client stops using your Application, you should delete all Data obtained from that client. The restrictions of this Section do not apply to Data that Natural Insight users also provide directly to you and that is separately entered or uploaded to you by the user of your Application.
d. Deletion at Termination. If we terminate your use of the Natural Insight APIs for any reason, then you must permanently delete all Data and any other information that you stored pursuant to your use of the Natural Insight APIs, except when doing so would cause you to violate any law or obligation imposed by a governmental authority. This provision does not require a Natural Insight user to delete Data stored in Natural Insight if the Natural Insight user is prohibited from accessing the Natural Insight API.
e. 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.
If you offer your Application for use by others outside your organization, 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 Natural Insight users. Your privacy policy must be at least as stringent and user-friendly as ours.
a. Protections. The network, operating system and software of your web servers, databases, and computer systems (collectively, “Your Systems”) must be properly configured to securely operate your Application and store Data. Your Application must use reasonable security measures to protect your users’ information. You must not architect or select Your Systems in a manner to avoid the foregoing obligation.
b. Reporting. You must promptly report any security deficiencies in, or intrusions to, your Systems to Natural Insight in writing via email to support@naturalinsight.com. This includes any unauthorized access, use, disclosure or destruction of Data. You will work with Natural Insight to immediately correct any security deficiency, and will immediately disconnect any intrusions or intruder. In the event of any security deficiency or intrusion involving the Application, Natural Insight APIs or Data, you will make no public statements regarding such deficiencies or intrusions (e.g., press, blogs, social media, bulletin boards, etc.) without prior written and express permission from Natural Insight in each instance.
You will not knowingly:
a. Allow or assist any government entities, law enforcement, or other organizations to conduct surveillance or obtain data using your access to the Natural Insight API in order to avoid serving legal process directly on Natural Insight. Any such use by you for law enforcement purposes is a breach of this API TOS.
b. Display, distribute or otherwise make available Data or any Application to any person or entity that you reasonably believe will use Data to violate the Universal Declaration of Human Rights (located at http://www.un.org/en/documents/udhr/), including without limitation Articles 12, 18, or 19. Any law enforcement personnel seeking information about Natural Insight users will be referred to Natural Insight’s User Data Request Policy, located at http://www.naturalinsight.com/terms-and-conditions. You will not conduct and your Application will not provide analyses or research that isolates a small group of individuals or any single individual for any unlawful or discriminatory purposes. Exemptions to these restrictions may be requested for exigent circumstances and are subject to prior written approval from Natural Insight.
The Natural Insight APIs are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Any use, modification, derivative, reproduction, release, performance, display, disclosure or distribution of the Natural Insight API by any government entity is prohibited, except as expressly permitted by the terms of this API TOS. Additionally, any use by U.S. government entities must be in accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4.
As between you and us, we own all rights, title, and interest, including all intellectual property rights, in and to, the (1) Natural Insight APIs, Documentation, and all elements and components thereof; (2) Data; (3) Natural Insight Services; and (4) Brand Features (collectively, the “Natural Insight Materials”). The only exception to this is Data that you as a Natural Insight user have licensed to Natural Insight under the https://Natural Insight.com/terms-and-conditions, which governs that Data. Except for the express licenses granted in this API TOS, Natural Insight does not grant you any right, title, or interest in the Natural Insight Materials. You agree to take such actions as Natural Insight may reasonably request to perfect Natural Insight’s rights to the Natural Insight Materials.
a. Duration of Terms. This API TOS will go into effect on the date upon which you agree to them, by accessing or using the Natural Insight API, and will continue until terminated as set forth herein.
b. Your Right to Terminate. You may terminate this API TOS by discontinuing use of our APIs.
c. Suspension; Termination. We may change, suspend or discontinue the Natural Insight API and suspend or terminate your use of the Natural Insight API, the Natural Insight Service, and/or Natural Insight Brand at any time and for any reason, without notice. Without limiting the foregoing, we may limit your Application's access to the Natural Insight API if it, in our sole discretion, may negatively affect our Service or our ability to provide our Service.
d. Effect of Termination. Upon termination of this API TOS:
i. i. All rights and licenses granted to you will terminate immediately;
ii. ii. You will promptly destroy Documentation and any other Natural Insight information in your possession or control that was received under this API TOS;
iii. iii. Unless we agree otherwise in writing or as stated in this API TOS, you must permanently delete all Data and other information that you stored pursuant to your use of the Natural Insight APIs. Natural Insight may request that you certify in writing your compliance with this section; and
iv. iv. Natural Insight will make commercially reasonable efforts to remove all references and links to your Application from its Services (Natural Insight has no other obligation to delete copies of, references to, or links to your Application).
e. The following sections of this API TOS shall survive any termination, Sections 4 (“Use of the APIs and Natural Insight Data”), 5 (“Use of Natural Insight Brand or Marks”), 6.c (“Delete at User Request”), 6.d (“Deletion at Termination”), 7 (“Your User Agreement and Privacy Policy”), 8 (“Security Measures”), 11 (“Ownership”), 12 (“Term and Termination”), 13 (“Other Important Terms”), 14 (“Disclaimer of Warranties; Limitation of Liability; Indemnity”), 15 (“Dispute Resolution”) and 16 (“General Legal Terms”).
a. Legal Representations. You represent and warrant to Natural Insight that, excluding Natural Insight 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 Natural Insight and its users will not violate the rights of any third party (e.g., copyright, patent, trademark, privacy, publicity or other proprietary right of any person or entity), or any applicable regulation or law, including the Digital Millennium Copyright Act, the laws of any country in which your Application is made available and any applicable export laws.
b. 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 Developer Site. You acknowledge that these updates and modifications may adversely impact how you access, use, and communicate with the Natural Insight API. If any change in unacceptable to you, then your only recourse is to cease all use of the Natural Insight API. Your continued access or use of the Natural Insight API will mean that you agree to the updates and modifications.
c. Other Applicable Agreements. You and your Application must also comply with the following, which are hereby incorporated by reference: . Natural Insight Terms and Conditions i. Natural Insight Privacy Policy
In the event of any conflict between the content in this document and the above documents, this document controls your use of the Natural Insight APIs.
a. NO WARRANTIES. THE NATURAL INSIGHT API AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND NATURAL INSIGHT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT NATURAL INSIGHT DOES NOT WARRANT THAT THE NATURAL INSIGHT API WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NATURAL INSIGHT API, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM NATURAL INSIGHT OR THROUGH THE DEVELOPER SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API TOS.
b. LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NATURAL INSIGHT BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, FIVE HUNDRED ($500) U.S. DOLLARS, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, NATURAL INSIGHT’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
c. Indemnity. You agree to defend, hold harmless and indemnify Natural Insight, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users’ use of the Application, Natural Insight API or Data, use of Natural Insight Brand, or violation of this API TOS, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit, or action.
This API TOS and any claim, cause of action or dispute (“Claim”) arising out of or related to this Agreement shall be governed by the laws of the Commonwealth of Virginia, United States, regardless of your country of origin or where you access the Natural Insight Service, and notwithstanding any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Natural Insight agree that all Claims arising out of or related to this Agreement must be resolved exclusively in the courts located in the county of Loudoun, Virginia. You and Natural Insight agree to submit to the personal jurisdiction of the courts located within the county of Loudoun Virginia, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts for the purpose of litigating all such Claims. Notwithstanding the above, you agree that Natural Insight shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
a. Severability. If any provision of this API TOS is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of this API TOS will not be affected in any way.
b. Language. Where Natural Insight has provided you with a translation of the English language version of this API TOS or any document referenced in this API TOS, you agree that the translation is provided for your convenience only and that the English language versions of any such document, will control.
c. Notice and Service of Process. We may notify you via postings on the Developer Site or via the email address associated with your Application or Natural Insight Service account. Natural Insight accepts service of process by mail or courier at the physical address set forth in Section 16.i below. Any notices that you provide without compliance with this section shall have no legal effect.
d. Entire Agreement. This API TOS and any documents incorporated into this API TOS by reference, constitute the entire agreement between you and Natural Insight regarding the Natural Insight APIs and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this API TOS.
e. No Informal Waivers, Agreements, or Representations. Our failure to act with respect to a breach of this API TOs by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers or other acts or omissions by any Natural Insight affiliate shall be deemed legally binding on any Natural Insight affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Natural Insight.
f. Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Developer Site or Natural Insight Service or any Natural Insight APIs, or other material used or displayed through the Natural Insight Developer Site or Natural Insight Service.
g. Assignment and Delegation. You may not assign or delegate any rights or obligations under this API TOS, including in connection with a change of control. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this API TOs, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Natural Insight Technologies, Inc. for any third party that assumes our rights and obligations under this API TOs.
h. Potential Other Rights and Obligations. You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
i. How to Contact Us. If you have questions or comments about this API TOS, or wish to make use of our Natural Insight API in any way not permitted by this API TOS, please contact us via email at support@naturalinsight.com or by physical mail at:
Natural Insight 46040 Center Oak Plaza, Suite 160 Sterling, VA 20166
