Terms of Service
The following Terms of Service apply when you use the OpenUV API Service (the 'Service') provided by Alexander Ershov (ABN 33576406228) (the 'Service Provider'). Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Service. If you do not agree to these Terms of Service, you may not access or use the Service.
This Agreement takes effect from that date you indicate your acceptance of the Agreement or access our products, the 'Effective Date'.
BETWEEN: This Agreement is between Alexander Ershov (ABN 33576406228), trading as 'Service Provider', and 'you', the person or entity creating an account, collectively know as 'the Parties'. If you are agreeing to this Agreement not as an individual but on behalf of your company, then 'Customer', 'Client' or 'you' means your company, and you are binding your company to this Agreement.
The Service Provider may terminate your use of the Service and/or take appropriate legal actions if you violate these Terms of Service.
No person should rely on the contents of any of the information, recommendations, products or services on this website without first obtaining advice from a qualified health professional. No person should act on any information, recommendations, products or services provided before they have formed their own opinion through investigation and research as to the suitability of the information, products or services for their circumstances.
Please note that we do not provide professional medical, diagnosis or treatment advice –we provide only information about estimated UV Index based on a developed math model. The Services are not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, you should consult a medical professional.
You may make 50 API requests to the Service per day free of charge. The Extended daily requests Plan is billed as $15 on monthly basis (including GST) for up to 15'000 reqs daily. Billing is run on the first business day of each month. You agree to pay the Service Provider the invoiced amount within 7 days of invoice.
If your application for access to the Service is approved, the Service Provider will provide you with an API Key which will enable you to access the Service. Your API Key is to be kept confidential and is not to be published or otherwise made accessible to the general public. If you become aware of any unauthorised use of your API Key, you agree to reset or block its API Key immediately. The Service Provider may unilaterally reset your API Key if it notices unauthorised use.
Use of Service
Subject to these Terms of Service, the Service Operator grants you a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable, revocable, worldwide license for Licensee’s personal or commercial use to:
- make calls to the Service to retrieve data from the Service; and
- use, convey, and display the data retrieved from the Service in a manner consistentwith the terms of these Terms of Service.
- use the Service in a manner that is inconsistent with applicable law;
- create multiple accounts or utilise any script or other automated tool that attempts to create multiple accounts;
- direct your end-users to sign up for their own API account (The OpenUV API not intended to be used directly by end-users);
- provide inaccurate identification, contact, and other information required as part of the registration process;
- sell, lease, or sublicense the Service or access thereto;
- access, tamper, or use any non-public areas of our Service without authorisation; and
- interfere or attempt to interfere with the proper functioning of the Service.
The Service Operator may discontinue, suspend, terminate or block access to this Service at any time in its sole discretion. The Service Operator has no obligation to compensate you for any discontinuation, suspension, termination or blockage of access to this Service.
The Service Provider retains all right, title and interest in and to the Service, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights unless explicitly stated otherwise. Except as otherwise provided in these Terms of Service, you may not, and may not permit others to:
- reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Service;
- sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit the Service; or
- circumvent or disable any security or technological features of the Service.
The application, construction and enforcement of this Agreement will be governed in all respects by the laws in force in the State of Western Australia, Australia, and the Parties submit to the exclusive jurisdiction of the courts of that State in all matters arising under this Agreement.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ALL KINDS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE SAFE, SECURE, UNINTERRUPTED, TIMELY, ACCURATE, OR ERROR-FREE, OR THAT YOUR INFORMATION WILL BE SECURE.
Limitation of Liability
THE SERVICE AND THE DATA PROVIDED BY THE SERVICE IS NOT INTENDED TO BE USED IN ANY APPLICATION WHERE HUMAN LIFE OR PROPERTY MAY BE AT STAKE, YOU WAIVE ANY CLAIMS FOR LIABILITY OR INJURY FOR SUCH USE. THE SERVICE PROVIDER WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Limitation of Liability
You shall indemnify and hold harmless OpenUV API from and against all claims and liabilities (including claims by third parties) and costs and expenses (including attorney’s fees) incident thereto or incident to successfully establishing the right to indemnification, for injury or death of any person or persons, including your employees, if any, arising out of or in any way relating to your breach of the terms of this License and/or your utilisation of the Service, whether or not arising in tort or occasioned by the negligence of OpenUV API, except to the extent of any obligation, liability, claim or remedy in tort due to the recklessness or wilful misconduct of OpenUV API. Your obligations under this indemnity will survive the expiration, termination, completion or cancellation of these Terms of Service.
Either party may terminate these Terms of Service at any time for any reason. Upon the termination of these Terms of Service, you:
- acknowledge and agrees that all licenses and rights to use the Service and data obtained from the Service shall terminate,
- will cease any and all use of the Service, and
- will remove any data obtained from the Service from all hard drives, networks and other storage media and destroy allcopies of any data obtained from the Service in your possession or under your control.
- You further agree to pay all outstanding fees incurred prior to the termination of these Terms of Service.
The sections titled Payments, Dispute Jurisdiction, Disclaimers, Limitation of Liability, Indemnification, and General Provisions shall survive the termination of these Terms of Service.
These Terms of Service are effective June 4, 2018.
These Terms of Service may be updated from time to time for any reason. We will notify you of any changes to our Terms of Service by posting the new Terms of Service here. You are advised to consult this Terms of Service regularly for any changes, as continued use is deemed approval of all changes.