1. Introduction to the IBM API Hub
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
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.
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.
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.
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.
11. No Third-Party Beneficiaries
12. Claim Must Be Filed Within Two Years
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.