TERMS OF USE – INGENIA (IN BETA)

1. Welcome

(a) Retechnica Limited (" we " or " us ") welcomes you to the INGENIA (the " API "). Set out below are our terms and conditions for use of the API (the " API Terms ").

(b) The API Terms apply whenever you access or use the API, by any means.

(c) The API Terms may be updated by us from time to time. We will post a copy of the amended Agreement at http://www.ingeniapi.com/company/terms.html. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the API Services, and, if applicable, cancel your Ingenia Services subscription. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Ingenia Services after any amendments are posted on the Site.

2. Beta

The API will be in beta trial until further notice. We will provide notice, on the API webpages, prior to such changes taking effect

3. Getting Started

(a) By accessing or using the API you agree to be bound by these API Terms.

(b) These API Terms grant you a license to use the API in conjunction with websites or other services that you deem necessary, that you own or control at the time of publication (" Your sites ").

(c) Your sites will not: (i) contain material that is illegal or discriminatory; (ii) promote or incite violence or an illegal activity; and (iii) be capable, in our sole discretion, of interpretation as racist, sexist or homophobic or promoting such views.

4. Access to API and API Key

You may access the API via contacting us at http://www.ingeniapi.com/contact .

Retechnica will provide you with an API Access Key that will enable you to access the Ingenia Services. Your use of this API Access Key is governed by the terms of this agreement. Your API Access Key should be considered private information and should not be provided to any person. Failure to abide by these terms may result in the termination of your access to Ingenia Services.

5. Your Non-Transferable Licence to Use API Content

Retechnica grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to access and use the Ingenia Services for personal or business purposes.

YOU MAY NOT ACCESS THE INGENIA SERVICES IF YOU ARE A COMPETITOR, EXCEPT WITH PRIOR WRITTEN CONSENT FROM RETECHNICA. IN ADDITION, YOU MAY NOT ACCESS THE SERVICES FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES

6. Attribution

When using Ingenia or content generated or enhanced via the Ingenia, for any purpose, you agree to:

6.1 Display the Ingenia logo within your website or application;

6.2 Provide a clickable hyperlink to www.ingeniapi.com with the text "Content categorisation by Ingenia" within your website or application; and

6.3 Provide attribution to Ingenia within any published works that are based on or mention Ingenia, or content categorised by Ingenia .

6.4 Provide attribution to Ingenia within all web pages or documents where Ingenia API results are used or displayed .

7. Restrictions

You agree that you will not:

7.1 access or reverse engineer the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, or functions of the Service, or (iii) copy any ideas, features, or functions of the Service;

7.2 publish or perform any benchmark or performance tests or analysis relating to the Service or the use thereof without express authorization from Ingenia;

7.3 utilize the information provided by the Ingenia Services to create a service similar to Ingenia or any other Ingenia service, including but not limited to: content categorization, taxonomy management, text analytics, entity extraction, concept tagging, etc.

7.4 create or use multiple Ingenia keys;

7.5 use the Ingenia Services to reproduce copyrighted materials;

7.6 make the Ingenia Services available over a network (other than Ingenia’s network) where it could be used by others;

7.7 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Ingenia  Services, features or ideas from the Ingenia Services, or any portion of them;

7.8 circumvent any technology used by Ingenia or its licensors to protect information accessible via the Ingenia Services;

7.9 sell, rent, lease, transfer, or sublicense any of the Ingenia Services;

7.10 utilize or enable a third party to utilize Ingenia via any means that bypasses this agreement or the Ingenia API Key registration process, including but not limited to: proxy servers, spiders, scraping robots, or other technology;

7.11 distribute, facilitate, or enable access to Ingenia Services in any manner deemed by Ingenia in its sole discretion to be objectionable or harmful to the business or reputation of Ingenia; or

7.12 use the Ingenia Services in any way that violates the terms of this Agreement

 

8. Ingenia Trademarks and Third-party Trademarks

The following are registered trademarks or trademarks of Ingenia: Ingenia Logo. You are not granted any right or license with respect to Ingenia Trademarks or the trademarks of any third party.

9. Limited Relationship

You and Retechnica are independent contractors, and nothing in these Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the Ingenia Services, you agree not make any other public statements that assert or imply any other relationship with Retechnica, unless you have Retechnica's prior written approval.

10. Copyrights

As between you and Retechnica, you acknowledge that Retechnica owns or has a license to all title and copyrights in and to the Ingenia Services. All title and intellectual property rights in and to the content available through the Ingenia Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

You understand that Ingenia may retain a copy of the metadata generated by the Ingenia Services. By generating metadata through the Ingenia Services, you grant Retechnica a non-exclusive perpetual, sub-licensable, royalty-free license to that metadata. Ingenia's use of this metadata is governed by the terms of the Retechnica Privacy Policy.

11. Privacy Policy

Unless otherwise addressed in this Agreement, Retechnica Services are subject to Retechnica's Privacy Policy, that can be found at http://www.retechnica.com/company/privacy.html and that by reference is made a part of this Agreement. It is important that you read and understand the terms of Retechnica's Privacy Policy. Retechnica may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Retechnica Services.

12. Indemnification

You agree to hold harmless and indemnify Retechnica, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users' use of the Ingenia Services, use of Ingenia & Ingenia Brand & Links other than as set forth in the Retechnica Attribution Requirements, violation of these Terms of Use or other actions connected with use of Ingenia services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and lawyers' fees, of every kind and nature. In such a case, Retechnica will provide you with written notice of such claim, suit or action.

13. Warranties

THIS SITE, THE MATERIALS, DATA, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SERVICE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. RETECHNICA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OF PHOTOGRAPHY.

 

14. Liability Limitations

IN NO EVENT SHALL RETECHNICA, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE INGENIA SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

During and after the term of the Agreement, with respect to any of the Retechnica Services that you elect to use, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of us), licensors, sublicensees or transferees, any patent infringement or other intellectual property infringement claim with respect to such Services

15. Force Majeure

Retechnica shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Retechnica’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

16. Termination

(a) We may cancel or suspend your license to access the API at any time, for any period and without notice.

(b) Your permission to use API and to use API Content shall terminate automatically on the occurrence of any of the following:

• You commit a breach of the API Terms.

• We provide written notice to you of such termination.

• We withdraw the API product.

(c) On suspension or termination of your permission to access API for any reason, your API license will automatically terminate,

 

17. General

(a) Third Party Operators

Parts of the API may be powered by, hosted or otherwise managed by third parties. Such third parties may impose their terms of use on you in respect of the API area they control. In the event of a conflict between the API Terms and those of any third party, these terms shall prevail to the extent that such conflict affects the API service.

(b) Publicity

You agree that we may use your name, logo and URL in publicity for and reporting literature regarding the API. In addition, if we like what you do with Ingenia, we may link from retechnica.com and or ingeniapi.com directly to your product or website.

(c) Waiver

The non-exercise of, or delay in exercise, by us of any power, right or remedy provided by this agreement or law shall not operate as a waiver of that power, right or remedy. Similarly, any single or partial exercise of by us of a power, right or remedy provided by this agreement or law shall not preclude any other or further exercise of such. A power, right or remedy will only be waived by us if notified to you in writing.

18. Our Values and Brands

You will not use the API or any aspect of our relationship with you in a manner that could, in our reasonable opinion, cause harm to our goodwill, conflict with our values or which could cause our brand to be brought into disrepute.

19. Governing Law and Jurisdiction

The agreement between us is governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

20. Contact Us :

Please contact us via www.ingeniapi.com/contact.html if you would like to discuss any aspect of these license terms, or if you need to tell us about a complaint or claim you have received in relation to Ingenia .

We'd also love to hear from you about any new products or applications that you have created using Ingenia. Tell us all about it by email to www.ingeniapi.com/contact.html and we might be in touch.