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Online Tech Study API Agreement






Online Tech Study API Agreement

These API Terms were last updated on June 30, 2019.


To help our instructors and affiliates get the most out of Online Tech Study, we (Online Tech
Study, Inc.) offer a set of APIs, developer tools, and associated software (together, the
“APIs”). By accessing or using the APIs, you (or the company you represent) agree to be bound by
the terms below, which may be updated from time to time, and by any applicable policies and
guidelines (collectively, the “Terms”).


1. Registering for the APIs


1.1 Accepting the Terms. You must be at least 18 years of age to use the APIs. You may
not access the APIs if you are barred from using or receiving the APIs under the applicable laws
of the United States or other countries, including the country in which you reside or from which
you use the APIs.



1.2 Use on Entity’s Behalf. If you are using the APIs on behalf of a company or other
entity, you represent and warrant that you have full legal authority to bind it to these Terms
and acknowledge that all references to “you” in the Terms refer to that entity.



1.3 Updating Your Information. When you register for the APIs, we may require you to
submit information about yourself. You must provide and continue to provide accurate and
complete information, including a valid email address.


2. Using the APIs & API Data


2.1 Access to APIs. Subject to these Terms, we grant you a non-exclusive,
non-transferable, revocable right, without the right of sublicense, to access and use the APIs
to create applications, websites, or other tools using the APIs (each, an “App”). When you use
the APIs, you do not acquire ownership of any rights to the APIs, nor to any data or content
accessed through them (“Content”).



2.2 Permitted Uses. You will comply with all applicable laws, including laws regarding
the import or export of data or software, privacy laws, and local laws. You may only access
those APIs for which we provide documentation at /developers
(“Developer Documentation”), and you will comply with all guidelines posted there.
Content accessible through the APIs may be subject to intellectual property and data privacy
rights. Where it is, you may not use it unless you are permitted to do so by the owner of that
content or are otherwise permitted by law.



2.3 Online Tech Study Terms and Policies. By Using our APIs you agree that Online Tech
Study may use submitted information in accordance with our Terms of Use,
Instructor Agreement, Affiliate
Terms & Conditions, and Privacy Policy.



2.4 Limits and Restrictions. We set and enforce limits on your use of the APIs in our
sole discretion. We may change the limits at any time by revising the Developer Documentation.
You agree that you will not:



  • attempt to circumvent the limitations documented in the Developer Documentation;

  • create an App that is for commercial or other non-personal use (except that you may use the
    Affiliate API for commercial activities authorized under our Affiliate Terms & Conditions;

  • create an App that recreates a core functionality of, or replaces, any Online Tech Study
    product or service in a way that is likely to cause us reputational or financial damage;

  • cache or store any personal data, as defined by applicable data privacy laws such as the
    European Union’s General Data Protection Regulation (GDPR);

  • combine or enrich any personal data with data obtained through third-party sources;

  • collect, store, or share Online Tech Study account passwords;

  • copy, reformat, reverse-engineer, or otherwise modify the APIs or any Online Tech Study
    product or service; or

  • engage in any deceptive, misleading, illegal or unethical activities, or activities that
    otherwise may be detrimental to the APIs, Online Tech Study, our users, or the public.




2.5 Sharing Apps. You will not share or sell the Apps you develop, except that you may
share these Apps with co-instructors and teaching assistants for use in developing, maintaining,
or supporting courses for which you are an instructor. Co-instructors and teaching assistants
using your App must use their own token for authentication. You will not share any passwords,
keys, tokens, secret, or other access credentials that allow you to access the APIs or Content
(“Developer Credentials”).



2.6 Security. You will always use and have in effect appropriate administrative,
physical, and technical safeguards that (a) meet or exceed industry standards with respect to
the sensitivity of the data you are accessing; (b) are compliant with applicable laws and
regulations (including data security and privacy laws and regulations), and (c) are designed to
prevent unauthorized access, use, processing, storage, destruction, loss, alteration, or
disclosure of personal data. You will keep confidential all Developer Credentials that we issue
to you. You will work with us to immediately correct any security deficiency, and will
immediately disconnect any intrusions or intruder. If your App experiences a security deficiency
or intrusion, you will coordinate with us on any public statements (e.g. press, blog posts,
social media, etc.) before publishing them.



2.7 Deletion. You must immediately delete all Content if we terminate your use of the
APIs, except when doing so would cause you to violate any law or obligation imposed by a
governmental authority.



2.8 Monitoring. You agree that we may monitor your use of the APIs to ensure quality,
improve our products and services, and verify your compliance with the Terms. You agree to
assist us with this monitoring by providing us with information about your App and storage of
Content, which may also include access to your App and other materials related to your use of
the APIs. If you do not demonstrate full compliance with these Terms, we may restrict or
terminate your access to the APIs without notice to you.


3. Rights We Reserve


At any point in the future, we reserve the right to do any of the following: charge fees for
access to any of the APIs, offer or cease to offer support for the APIs, modify the APIs and
require you to use those subsequent versions, require you to use the API in a different manner,
deprecate any API in our sole discretion, or independently develop products or services that may
serve the same purpose as your Apps.



If we determine that your use of the APIs or Developer Credentials is against the interests of
us or our users, we reserve the right to deactivate any Developer Credentials you have obtained,
block your IP address, or otherwise block your use of the APIs.


4. Feedback


Any feedback, comments, or suggestions you may provide regarding Online Tech Study or the APIs
are entirely voluntary and non-confidential and we will be free to use such feedback, comments,
or suggestions as we see fit and without any obligation to you.


5. Term & Termination


These Terms will apply for as long as you use the APIs, until terminated. You may terminate
these Terms by discontinuing use of the APIs. We may suspend or terminate your use of all or any
of the APIs for any reason and at any time, without liability or other obligation to you.



Upon any termination of the Terms or discontinuation of your access to an API, you will
immediately stop using the API and delete any cached or stored Content.


6. Disclaimers & Limitations of Liability


6.1 Warranties. To the extent permitted by law, we provide the APIs “as-is” without
warranty of any kind, express or implied, including without limitation any warranty of
merchantability, fitness for a particular purpose, or non-infringement. We make no
representations or warranties about the suitability, reliability, availability, timeliness,
security, or accuracy of the APIs or the Content for any purpose. We are not responsible for
delay or failure of our performance of any of the Services caused by events beyond our
reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical,
internet, or telecommunication outage; or government restrictions.



6.2 No Indirect Damages. To the extent permitted by law, in no event shall either party
be responsible for any indirect, punitive, or consequential damages, including lost profits or
business opportunities.



6.3 Limitation of Liability. If, notwithstanding these Terms, we are determined to have
any liability to you or any third party, you and we agree that Online Tech Study’s liability
will be limited to the amount, if any, that you paid us to use the applicable APIs during the
six months prior to the event giving rise to the liability.


7. Indemnification


You agree to indemnify, defend (if we so request), and hold us harmless, at your expense,
against any third-party claims, demands, losses, damages, or expenses (including reasonable
attorney fees) arising from (a) your use of the APIs; (b) your violation of these Terms; (c)
your violation of applicable privacy laws or regulations; or (d) your violation of any rights of
a third party. We will: notify you in writing within thirty (30) days of our becoming aware of
any such claim; give you sole control of the defense or settlement of such a claim; and provide
you (at your expense) with any and all information and assistance reasonably requested by you to
handle the defense or settlement of the claim. You shall not accept any settlement that (i)
imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability
not covered by these indemnifications or places restrictions on us without our prior written
consent.


8. Miscellaneous Legal Terms


8.1 Entire Agreement; Severability. You agree that by registering for, accessing, or
using the APIs, you are agreeing to enter into a legally binding contract with Online Tech
Study. Any version of these Terms in a language other than English is provided for convenience
and you understand and agree that the English language will control if there is any conflict.
These Terms (including any agreements and policies linked from these Terms) constitute the
entire agreement between you and us. If any part of these Terms is found to be invalid or
unenforceable by applicable law, then that provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of these Terms will continue in effect.



8.2 Amendment; No Waiver. From time to time, we may update these Terms to clarify our
practices or to reflect new or different practices (such as when we add new features). We
reserve the right to make changes to these Terms at any time in our sole discretion. If we make
any material change, we will notify you using prominent means such as by email notice sent to
the email address specified in your account or by posting a notice through our services.
Modifications will become effective the day after they are posted unless stated otherwise. Your
continued use of the APIs after changes become effective shall mean that you accept those
changes. No delay in exercising any right or remedy or failure to object will be a waiver of
such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver
of any right or remedy on any future occasion.



8.3 Governing Law. These Terms are governed by the laws of the State of California, USA
without reference to its choice or conflicts of law principles. You and we consent to the
exclusive jurisdiction and venue of federal and state courts in San Francisco, California, USA.



8.4 Compliance with Laws. We will comply with all applicable U.S. state laws, U.S.
federal laws, and international laws in our provision of the APIs. We reserve the right at all
times to disclose any information as necessary to satisfy any law, regulation, legal process or
governmental request. You will comply with all applicable laws in your use of the APIs and
Content, including any applicable data privacy laws and export laws. You will comply with the
sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US
Department of the Treasury. You will not directly or indirectly export, re-export, or transfer
the APIs or Content to prohibited countries or individuals or permit use of the APIs or Content
by prohibited countries or individuals.



8.5 Relationship of the Parties. You and we agree that no joint venture, partnership,
employment, or agency relationship exists between us.



8.6 Branding. Nothing in these Terms gives you a right to use the Online Tech Study name
or any of the Online Tech Study trademarks, logos, domain names, and other distinctive brand
features.



8.7 Notices. No action, regardless of form, arising out of or relating to these Terms may
be brought by either party more than one (1) year after the cause of action has accrued. Any
notice or other communication to be given hereunder will be in writing and given by registered
or certified mail return receipt requested, or email (by us to the email associated with your
account or by you to notices@onlinetechstudy.com), and shall be deemed delivered as of the date
of actual receipt.



8.8 No Assignment. You may not assign or transfer these Terms (or the rights and licenses
granted under them). We may assign these Terms (or the rights and licenses granted under them)
to another company or person without restriction. Nothing in these Terms confers any right,
benefit, or remedy on any third-party person or entity. You agree that your account is
non-transferable and that all rights to your account and other rights under these Terms
terminate upon your death.



8.9 Injunctive Relief. You acknowledge that the unauthorized use or disclosure of the
Content or any Developer Credentials may cause irreparable harm to us or our users. Accordingly,
you agree that we will have the right to obtain an immediate injunction against any breach or
threatened breach of these Terms, as well as the right to pursue any and all other rights and
remedies available at law or in equity for such a breach.



8.10 Survival. The following sections shall survive the expiration or termination of
these Terms: 2.6 (Security), 2.7 (Deletion), 3 (Rights We Reserve), 4 (Feedback), 5 (Term &
Termination), 6 (Disclaimers & Limitations of Liability), 7 (Indemnification), and 8
(Miscellaneous Legal Terms).