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1. Introduction to the IBM API Hub

The API Hub on IBM Developer (the “API Hub”) provides a catalog of enterprise-grade APIs from IBM and third-party API providers, enabling application developers to discover, try, and build from the API catalog. By accessing the API Hub, you agree to these Terms of Use for IBM API Hub (“Terms of Use”), as well as the IBM Developer Terms of Use, available at https://developer.ibm.com/terms/ibm-developer-terms-of-use/, which these Terms of Use supplement. In addition, you acknowledge the IBM Privacy Statement, available at http://www.ibm.com/privacy.

These Terms of Use apply to both individuals or enterprises that provide access to APIs via the API Hub (“API Providers”) and who access and use the APIs through the API Hub (“Developers”). In these Terms of Use, “you” refers to both API Providers and Developers unless otherwise specified.

2. API Hub Privacy Information

When you use the API Hub, the terms of the IBM Privacy Statement apply. The IBM Privacy Statement is available at http://www.ibm.com/privacy. In accordance with the IBM Privacy Statement, you agree that IBM and its affiliates may process and store your business contact information in connection with providing the API Hub wherever they do business.

To access and use the API Hub, you are required to create an IBMid or use an existing IBMid. IBM will collect and use the information you provide, including your email address, first name, last name, and country location, in accordance with the IBM Privacy Statement.

In addition to name and email address, you may choose to provide additional information as part of your Developer Profile, including company name, profile picture, product expertise, industry expertise and other information. The information and data that we obtain from you through the API Hub enables us to offer the API Hub to you, improve IBM services, and provide a personal experience.

Your Developer Profile information is not visible to IBM administrators, but certain account information (your name and email address) may be visible to your enterprise administrators, who may add you to an account.

3. API Hub Overview

A. Description of the API Hub

The API Hub includes a catalog of APIs from IBM and third-party API Providers, and provides the following features and capabilities.

API Listing – The API Hub catalog is made up of API Listings from IBM and third-party API Providers. API Listings may include the following information: a URL to the API Provider’s website, API license terms or terms of service if provided by the API Provider, documentation for API endpoints, version history, FAQ and support information, SDKs, code samples (where supported), and additional related resources. The API Listing may also include API Provider’s trademarks, and other promotional material. This information is collectively referred to as the “API Listing Information.”

In addition to the API Listing Information, each API Listing will include a way for Developers to test API endpoints. To test API endpoints, Developers must already have access to the relevant API key, which Developers must obtain directly from the API Provider. Developers may test no-charge or trial APIs or APIs for which they have purchased a subscription from the API Provider. In addition, Developers may save an API from the API Listing in their Developer Profiles.

API Access Request – APIs are not available for purchase directly from the API Hub. Developers can purchase API subscriptions from the API Provider, and store the associated API keys in their Developer Profile.

Developer Profile – A Developer Profile enables a Developer to:

  • View and manage API subscriptions and saved APIs, including managing API keys obtained from an API Provider;
  • View “Saved Content” including code patterns and tutorials; and
  • View “My Activity Feed” in the dashboard, which displays news and content related to the interests the Developer has selected.

B. Right to use the API Hub; Ownership

By agreeing to these Terms of Use and the IBM Developer Terms of Use, IBM allows you to access and use the API Hub.

IBM reserves the right at all times (but will not have an obligation) to terminate your access to API Hub for any reason (such as violation of these Terms of Use or the IBM Developer Terms of Use) or no reason at all, with or without notice. IBM also reserves the right to access, read, preserve, and disclose any information as IBM reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of IBM, its users, and the public.

Except with respect to the license grants below, IBM and its licensors retain exclusive right, title, and interest in and to (a) the API Hub, (b) all visual interfaces, text, graphics, and other content included on the API Hub; (c) all underlying technology, software, data, and other materials that implement and/or operate the API Hub; (d) any and all modifications and enhancements and derivative works made to (a) through (d); and (e) any and all intellectual property rights in or related to (a) through (d).

4. Rights to Use APIs

A. Terms Governing Developers’ Use of APIs

The API Hub involves use of, or access to, IBM APIs and APIs from third-party API Providers. For purposes of this Section, IBM is considered “API Provider” with respect to IBM APIs offered on the API Hub.

The use of each API is governed by terms and conditions as set forth by the API Provider (the “API Terms”), and such API Terms are between the API Provider and the Developer. IBM, as the API Hub provider, is not party to the API Terms and is not responsible for any support or other claims relating to such APIs. Before using an API, you are responsible for reviewing, understanding and agreeing to the applicable API Terms.

API Provider is responsible for including applicable API Terms in the API Listing. If API Provider does not include API Terms in the API Listing, IBM is not responsible for, and will not be able to, display the API Terms to Developers when using the API Hub.

API Provider is responsible for monitoring and enforcing the API Terms applicable to each API to which it grants a Developer access. API Provider acknowledges and agrees that IBM is not responsible, nor has any liability for, any actual or alleged breach of the API Terms governing the use of the APIs by a Developer, or any damages arising from or related to any actual or alleged breach.

B. Submission and Publication of APIs by API Providers

Each API Provider must create an API Listing with the API Listing information described in Section 1 above. The API Provider represents and warrants that: i) information provided by API Provider to IBM or Developers, including API Listing Information, is true, accurate, complete, and not misleading; ii) by participating in the API Hub as an API Provider, it complies with applicable laws and regulations; iii) to the best of API Provider’s knowledge, neither the API nor the API Listing Information infringes any privacy, intellectual property or other right of a third party; iv) the API does not contain harmful code; and v) the API is, and all modifications, new releases, and new versions thereof will be, in compliance in all material respects with all licensing agreements applicable to all third-party code, including without limitation open source code and freeware included therein or provided in connection therewith.

IBM has the right, but does not have the obligation, to monitor the API Listing Information, and may remove any API or API Listing Information at any time in IBM’s sole discretion.

API Provider grants IBM and its Affiliates and a worldwide, royalty free, non-exclusive right and license to take all actions necessary to publish its API and the API Listing Information, display API Listing Information anywhere within the API Hub, and 3) make non-material changes to the API Listing Information such as correcting typos, grammatical errors, or broken URLs.

Subject to reasonable use requirements and limitations established by API Provider and provided to IBM, API Provider grants IBM and its Affiliates a worldwide, royalty free, fully-paid up, non-transferrable, non-exclusive right and license to use API Provider’s name and logo, and API name and/or logo (collectively, the “Marks”) on the API Hub, and in external presentations, advertising, and marketing materials for the API Hub. IBM will not display the Marks in an inaccurate, derogatory, confusing, or misleading manner, and API Provider may require IBM to correct or remove inappropriate uses of their Marks. Except as expressly provided herein, IBM does not acquire any rights in API Provider’s Marks.

IBM acknowledges that the API and API Listing Information are the sole property of API Provider and its licensors, and nothing in these Terms of Use confers upon IBM any intellectual property rights in the API or API Listing Information except the limited licenses explicitly set forth in these Terms of Use. Except as needed with respect to modifications of the API Listing Information expressly authorized in the licenses granted in this section, nothing in these Terms of Use shall be construed as conferring on IBM any separate right to modify or adapt the API or the API Listing Information, or prepare derivative works based on the API or API Listing Information. API Provider represents and warrants that it has the necessary rights in and to the API (including associated marks and names) to grant IBM the rights specified in these Terms of Use, and to grant Developers the rights specified in the API Provider’s terms of use or end user license agreement, as applicable.

API Provider will defend, hold harmless, and indemnify, including legal fees, IBM and its Affiliates against third-party claims (including Developer claims) that arise or are alleged to have arisen, and/or government fines and penalties that are imposed, as a result of: a) the API(s) or API Listing Information infringing or misappropriating any intellectual property right or privacy right of a third party; (b) API Provider’s breach of a representation or warranty in these Terms of Use; or (c) a dispute between API Provider and a Developer, in each case provided IBM promptly (i) notifies API Provider in writing of the claim, (ii) supplies information reasonably requested by API Provider, and (iii) allows API Provider to control and reasonably cooperate in the defense and settlement, including mitigation efforts at API Provider’s expense; however, IBM may participate in the proceedings at its option and expense.

As used in this section, “Affiliates” means any entity that Controls, is Controlled by, or is under common Control with, IBM. “Control” and its derivatives mean: (a) the legal, beneficial, or equitable ownership, directly or indirectly, of at least fifty percent (50%) of the aggregate of all voting equity interests in an entity, (b) the right to direct its affairs, and/or (c) the right to control the composition of its board of directors or equivalent body.

C. Other Content on the API Hub

The API Hub may include links to non-IBM Web sites, including links to API Providers’ sites. IBM is not responsible for such non-IBM Web sites, and makes no claim or representation regarding the quality, content, nature, or reliability of third-party sites accessible by link from the API Hub. When you leave the API Hub, IBM’s terms and policies no longer govern. IBM is not responsible for the privacy policies or practices of any non-IBM Web sites that API Hub may link to. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the API Hub.

5. Feedback

IBM appreciates your thoughts about the API Hub. By submitting suggestions or other feedback about the API Hub to IBM, you agree that IBM can use and share (but are not obligated to use or share) such feedback for any purpose without compensation to you.

6. Changes to Terms of Use

IBM may change these Terms of Use at any time. IBM will post any revised Terms of Use to the “Terms and Conditions” page of the API Hub. Your continued use of the API Hub means you have accepted the revised Terms of Use. IBM recommends that you periodically review the Terms of Use to stay up to date on any changes.

7. No Warranty

IBM provides the API Hub “as-is,” with no warranties or guarantees whatsoever. IBM and its affiliates, resellers, distributors, and vendors (collectively, the “IBM Parties”) expressly disclaim, to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, IBM makes no warranty or guarantee that information available from the API Hub, or access to the API Hub, will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the exclusion of warranties, so the exclusions in this paragraph may not apply to you.

8. Liability Limitation

You can recover from the IBM Parties only direct damages up to US $100.00. To the fullest extent permitted by applicable law, in no event will IBM be liable to you for any indirect, incidental, special, exemplary, or consequential damages of any kind whatsoever related to or arising from the API Hub or of any site or resource linked to, referenced, or accessed through the API Hub, or for the use or downloading of, or access to, any materials, information, products, or services accessed through the API Hub, including without limitation, any lost profits, business interruption, lost savings, or loss of programs or other data.

This exclusion and waiver of liability applies (i) even if IBM is expressly advised of the possibility of such damages, and (ii) to all causes of action, whether based on contract, warranty, tort, or any other legal theories. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

9. Interpreting the Terms of Use; Governing Law

All terms of these Terms of Use apply to the maximum extent permitted by relevant law. If any provision of these Terms of Use is invalid or unenforceable, the remaining provisions remain in full force and effect. Together with the Terms of User for IBM Developer, this is the entire agreement between you and us regarding your use of the API Hub. It supersedes any prior contract or statements regarding your use of the API Hub. The section titles in the contract do not limit the other terms of this contract. The parties agree to the application of the laws of the State of New York, without regard to conflict of law principles.

10. Assignment

IBM may assign or transfer our rights and obligations under these Terms of Use, in whole or in part, at any time with notice to you. You may not assign these Terms of Use to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use or access the API Hub or any part of the API Hub.

11. No Third-Party Beneficiaries

The contract formed by these Terms of Use is solely for your and our benefit. It is not for the benefit of any other person.

12. Claim Must Be Filed Within Two Years

You may not bring a legal action arising out of or related to these Terms of Use more than two years after the cause of action arose.

13. Notices IBM Sends You; Consent Regarding Electronic Information

IBM may send you information in connection with the API Hub and additional information the law requires us to send you. IBM may provide required information to you by e-mail at the e-mail address you specified when you signed up for the API Hub. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive any notices electronically, you must stop using the API Hub.

14. Complaints about Content

It is the policy of IBM to respect the intellectual property of others and thus respond to effective notices of alleged infringement of copyright material that is included in the API Hub. If you are alleging that copyrighted material may have been or is being infringed, you may notify IBM by following the procedures outlined on IBM’s Digital Millennium Copyright Act Notices page, available here: https://www.ibm.com/legal/us/en/dmca.html.