API TERMS & CONDITIONS

Effective Date

21 February 2024

These API terms and conditions outline the rules, restrictions, and responsibilities of the parties involved in the use of an API. This is a legal document and binding on you if you should use these services. You consent the access, and use of our APIs, and be bound by the terms and conditions listed herein.

You agree that you are solely responsible for the content, creation, operation, support, and upkeep of your application, and PerXL has no obligation or liability regarding it.

You assume full responsibility for the consequences of using our APIs and warrant that your use of our APIs is at your own risk and discretion, and you will bear the consequences of any damage that may occur as a result of such use, including but not limited to, any software and hardware losses.

These terms may be updated from time to time, and we reserve the right, to change them and/or our Services. If there are significant changes to the terms, we will provide reasonable notice before of the changed terms are effected. You agree that you consent to us publishing such updated information on our website. Using the service after the changes take effect constitutes to the fact that you agree to the new terms. The revised terms will become effective on the date set forth above.

API and User Content

Subject to your compliance with these Terms, we grant you a license to.

• Access and use our APIs and Documentation to receive, modify, use, and display user content or data obtained from the Service (the “Subscriber Content”) in your website, application, plugin, extension, or other similar offering designated to interoperate with the Service ("Application" or “App”), in each case subject to the consent of the applicable user and any required permissions set by our customers.

• You may not use our APIs for any other purpose without PerXL’s prior written consent. These Terms do not grant you the right to distribute or resell the Service or create any binding commitment on behalf of PerXL. You may charge a standard overall fee for your Apps; however, you may not directly or indirectly charge users for use of, or access to, the functionality provided by our APIs without PerXL’s prior express consent in writing.

Prohibited Uses

You may not use our APIs or User Content for any of the following:

• Any illegal, harmful, or offensive use, or to promote or support illegal activities or harmful or offensive content, including but not limited to child pornography, terrorism, or hate speech
• To create a false identity or to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• To create or distribute spam, phishing emails, or malware
• To distribute or publish any viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines
• To access or attempt to access any of our systems or networks in an unauthorized manner
• To interfere with or disrupt the integrity or performance of our APIs or User Content or any data contained therein
• To attempt to gain unauthorized access to our APIs or User Content or any data contained therein or to our systems or networks
• To sell, rent, sublicense, or lease any portion of our APIs or User Content without PerXL’s prior written consent
• To reverse engineer, decompile, or disassemble any portion of our APIs or User Content, except as permitted by applicable law
• To use our APIs or User Content for any purpose other than as permitted under these Terms

Waiver and Limitation of Liabilities

OUR APIs ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. EXCEPT AS PROVIDED HERE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF DESIGN, MERCHANTABILITY, SATISFACTORY QUALITY, INCLUDING ITS ACCURACY, COMPLETENESS, UPDATEDNESS, RELIABILITY OR CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE, FREE OF MALWARE AND OTHER HARMFUL COMPONENTS, NON-INFRINGEMENT, FREEDOM FROM CLAIMS OF COPYRIGHT INFRINGEMENT, SECURITY, ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT OR NEGLIGENCE, CUSTOM, TRADE, SYSTEM INTEGRATION ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. YOU ACKNOWLEDGE, BY YOUR USE OF OUR API’s, THAT YOUR USE IS AT YOUR SOLE RISK.