VAASARA API Terms of Use

Last Updated: October 2, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING AN API OFFERED BY VAASARA.

By accessing or using any application programming interfaces offered by VAASARA and/or its affiliate DEEP LEARNING LLC. (collectively, the “API” or “VAASARA API”), you and, if applicable, the company you represent (collectively, “you” or “your”) agree to be bound by these API Terms of Use (“Agreement”). This Agreement is a legal contract between you and VAASARA, FZ LLE. and/or DEEP LEARNING LLC. respectively, depending on which of the two companies’ Content (as defined below) you are linking with through the API. Any reference to “VAASARA”, “we” or “us” in this Agreement will be deemed to be a reference to VAASARA, FZ LLE. and/or DEEP LEARNING LLC. accordingly, unless explicitly specified otherwise in this Agreement. If you do not have the authority to enter this Agreement, or if you do not agree with the Agreement, you may not access or use the API.

If you do not want to agree to these API Terms of Use, you must not access or use the API. We may revise and update this Agreement time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the API thereafter. Your continued use of the API following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

If you do not want to agree to these API Terms of Use, you must not access or use the API. We may revise and update this Agreement time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the API thereafter. Your continued use of the API following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

This Agreement incorporates the following documents by reference:

VAASARA, FZ LLE. Terms of Service and/or DEEP LEARNING LLC., Subscription Services Agreement where appropriate

VAASARA, FZ LLE. Security Policyand/or DEEP LEARNING LLC., Security Policy where appropriate

VAASARA, FZ LLE. Branding Guidelines

VAASARA, FZ LLE. Professional Services

  • 1. Definitions

    “Application” means any application that you develop using the VAASARA API to use, search, display, upload, and/or modify the VAASARA Content.

    “VAASARA Content” or “Content” means all content, data, and other information made available on the VAASARA/DEEP LEARNING LLC. website or software (“VAASARA Website”) and, in relation to VAASARA, FZ LLE. only (and not DEEP LEARNING LLC.) the consumer-facing downloadable mobile app made available by VAASARA, FZ LLE. and known as the “VAASARA App,” which allows consumers to find, book and pay for classes and other services offered by participating Subscribers.

    “VAASARA Data” means any data or information VAASARA obtains from its customers and/or end users.

    “Service” means the VAASARA services, including, but not limited to, online business management software services designed specifically for businesses in the wellness industry, made available through the VAASARA Website and VAASARA App.

    “Subscriber” mean a “Subscriber” as defined in the VAASARA, FZ LLE. Privacy Policy and “Company” as defined in the DEEP LEARNING LLC. Privacy Policy.

  • 2. License

    Subject to the terms and conditions of this Agreement, VAASARA grants you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to access and use the API solely for the purpose of developing, testing, displaying, and distributing your Application. VAASARA may revoke this license at any time for any reason. You will not, and will not permit any person, directly or indirectly, to reverse engineer, disassemble, reconstruct, decompile, translate, modify, copy, rent, modify, or alter, other than as explicitly permitted hereunder, create derivative works of the API or any other portion of the Service.

  • 3. Modifications

    VAASARA reserves the right to modify the Service or the API (or any part thereof) at any time in its sole discretion. Upon release of any new versions of the API, VAASARA reserves the right to require you to obtain and use the most recent version of the API in order to obtain functionality of your Application with the Service.

  • 4. Support

    VAASARA may, but is under no obligation to, provide basic technical support in connection with your use of the API. Any such support will be provided via web forums, FAQs, or other internet-based documentation made available to authorized developers in VAASARA’s sole discretion.

  • 5. Application Guidelines

    You may develop, display or distribute Applications that interact with the API. You agree that you are solely responsible for any Application that you develop, and that any such Application must comply with VAASARA, FZ LLE. Branding Guidelines, where applicable, which are incorporated herein by reference.

  • 6. API Call Limitations

    VAASARA may limit the number of API calls you are permitted to make during any given period. VAASARA will determine call limits based on various factors, including the ways your Applications may be used or the anticipated volume of use associated with your Applications. If you exceed the call limits established by VAASARA, we reserve the right to charge you for excess API calls or to terminate your access to the API in accordance with Section 11. In no event will unused API calls roll over to the next day or month, as applicable.

  • 7. Ownership

    You acknowledge and agree that the Service, the VAASARA Content, including VAASARA’s trademarks and logos, and the API are protected by applicable intellectual property laws and treaties (whether those rights happen to be registered or not, and wherever in the world those rights may exist). As between You and VAASARA, the Service, the VAASARA Content, including VAASARA’s trademarks and logos, and the API, together with any and all intellectual property rights contained in the foregoing, are and will at all times remain the sole and exclusive property of VAASARA. You agree that at no time during or after the termination of this Agreement will you attempt to register any trademarks (including domain names) that are derived from or confusingly similar to those of VAASARA, or will you buy or otherwise arrange to use any such domains to redirect internet content to your site. All uses by you of VAASARA’s logos or trademarks shall inure to the sole benefit of VAASARA.

  • 8. Non-Permitted Purposes; API Restrictions

    We and our third party service providers may collect Other Information in a variety of ways. We and/or our third party partners may employ various tracking technologies, such as cookies, web beacons and analytics software, that help us better manage content on the VAASARA Services by informing us what content is effective. For more information on our use of cookies and similar technologies, please refer to our Cookies Policy.

    You are responsible for your own conduct, and the conduct of any third party accessing the API on your behalf, while using the API and for any consequences thereof. You will use the API only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines provided by VAASARA, as they may be amended from time to time. In addition to the other restrictions contained herein, you agree that when using the API, you will not do the following, attempt to do the following, or permit your end users or other third parties to do the following:

    1) Disparage VAASARA or knowingly tarnish the name, reputation, image or goodwill of VAASARA in connection with your Application or use of the API;

    2) Modify, obscure, circumvent, or disable any element of the API or its access control features;

    3) Extract, provide or otherwise use data elements from the VAASARA Data to enhance the data files of third parties;

    4) Use the API in a product or service that competes with products or services offered by VAASARA, including the Service;

    5) Attempt to circumvent any security measures or technical limitations of the API or the Service;

    6) Use the API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to the intellectual property rights or rights of privacy of such person, or to engage in activities that would violate any fiduciary relationship, any applicable local, state, federal, or international law, or any regulations having the force of law, or which otherwise may be harmful, in VAASARA’s sole discretion, to VAASARA, its providers, or Subscribers or end users of the Service;

    7) Sell, lease, or sublicense the API or access thereto;

    8) Use the API in a manner that detrimentally affects the stability of VAASARA’s servers or the behavior of other applications using the API;

    9) Create or disclose metrics about, or perform any statistical analysis of, the API or the Service;

    10)Use the API on behalf of any third party;

    11)Make API calls exceeding a reasonable amount per day, as determined in VAASARA’s sole discretion and in accordance with this Agreement;

    12)Crawl, screen scrape or data mine VAASARA Content or VAASARA Data;

    13)Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about Subscribers or users of the Service for any unauthorized purpose;

    14)Use the API to aggregate, consolidate or otherwise arrange, display or make available VAASARA Content or VAASARA Data in combination with any third party or any VAASARA competitors’ content or data, for any commercial purpose or in any manner that VAASARA determines could diminish the value or integrity of its business or brand;

    15)Use the API in an Application containing any of the following content: adult content; pyramid schemes, chain letters or disruptive commercial messages or advertisements; infringing, or obscene content; content promoting or instructing about illegal activities or promoting physical harm or injury against any group or individual; content infringing any patent, trademark, copyright, trade secret or other proprietary right of any party; content defaming, abusing, harassing, stalking, threatening or violating any rights of privacy and/or publicity; content disparaging of VAASARA or its licensors, licensees, affiliates, or partners; or anything other inappropriate or unlawful content;

    16)Transmit any viruses, worms, defects, Trojan horses, or other disabling code, via the API or otherwise, to Service or the computers or networks used by VAASARA, users or Subscribers of the Service or any other third parties;

    17) Access VAASARA Data without the authorization of the VAASARA Subscriber or use VAASARA Data in any way beyond the purpose for which the Subscriber provided you access under the agreement between you and the Subscriber. For the avoidance of doubt, this restriction is in addition to any other restrictions you agreed to with any applicable Subscriber to the Service; or

    18) Cache (in excess of 48 hours), collect, compile, store, transfer or utilize VAASARA Data or any other data derived from VAASARA, the Service or VAASARA's computer system(s) or database(s), including but not limited to cardholder data, customer addresses, passwords or any other identifying information about any end user.

  • 9. Service Providers

    You may work with third party service providers as necessary to facilitate your performance and obligations under this Agreement only if you require any such service provider to be bound by conditions and restrictions at least as protective of VAASARA and its Subscribers and users as set forth in this Agreement. You acknowledge and agree that you shall be fully responsible for any act or omission by any service provider you use to facilitate your performance or obligations hereunder. Any such act or omission that amounts to a breach of this Agreement will be deemed a breach by you.

  • 10. Fees and Payments

    VAASARA calculates and bills its fees and charges on a monthly basis. Commencing thirty (30) days from the date you receive access to Subscriber data (“Effective Date”) and continuing on the same day of the month as the Effective Date for each calendar month thereafter and continuing until the Termination Date, you shall pay VAASARA any fees charged under this Agreement, as may be amended by VAASARA, in its sole discretion, from time to time. Changes to the fees are effective thirty (30) days after being posted at the above link. Usage fees, if any, will be invoiced on a monthly basis for activity from the previous calendar month. In addition to the API fees, you will be responsible for all other fees associated with use of any VAASARA API. All fees made by you under this Agreement will exclude, and you will pay, any taxes associated with such fees, your Application, or this Agreement.

  • 11. Right to Terminate

    1)Termination, Suspension, or Discontinuance. VAASARA reserves the right to suspend or terminate your API access at any time (a) if we believe you have violated this Agreement (including the documents incorporated by reference) or, in our sole discretion, if we believe the availability of the APIs in your Application is not in our or our users' best interests or (b) otherwise for any reason or no reason at all, without liability for such suspension or termination. We may suspend or terminate your use of all or any of the APIs at any time. We may also impose limits on certain features and services or restrict your access to some or all of the APIs or the content they provide. Such change, suspension or termination of the API may cause your existing services using the API to stop functioning properly. All of our rights herein may be exercised without prior notice or liability to you.

    2)Your Termination. You may terminate this Agreement by notifying VAASARA in writing of your intention to terminate your use of the API, ceasing use of the API and deleting your access credentials.

    3)Effect of Termination. Upon any termination of this Agreement, you will promptly delete and remove all calls to the API from all web pages, scripts, widgets, applications, and other software in your possession or under your control; promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the API; and you will promptly certify in writing to VAASARA that such actions have been taken.

  • 11. Right to Terminate

    1)Termination, Suspension, or Discontinuance. VAASARA reserves the right to suspend or terminate your API access at any time (a) if we believe you have violated this Agreement (including the documents incorporated by reference) or, in our sole discretion, if we believe the availability of the APIs in your Application is not in our or our users' best interests or (b) otherwise for any reason or no reason at all, without liability for such suspension or termination. We may suspend or terminate your use of all or any of the APIs at any time. We may also impose limits on certain features and services or restrict your access to some or all of the APIs or the content they provide. Such change, suspension or termination of the API may cause your existing services using the API to stop functioning properly. All of our rights herein may be exercised without prior notice or liability to you.

    2)Your Termination. You may terminate this Agreement by notifying VAASARA in writing of your intention to terminate your use of the API, ceasing use of the API and deleting your access credentials.

    3)Effect of Termination. Upon any termination of this Agreement, you will promptly delete and remove all calls to the API from all web pages, scripts, widgets, applications, and other software in your possession or under your control; promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the API; and you will promptly certify in writing to VAASARA that such actions have been taken.

  • 12. Your Use of Third Party Services

    We may make available third party products or services, including, for example, third party applications, implementation and other consulting services (“Third Party Services”). Any use by you of such Third Party Services, and any exchange of data between you and any provider of such Third Party Services, is solely between you and the applicable provider of Third Party Services. You use Third Party Services at your own risk and we disclaim all liability related thereto. We do not warrant or support Third Party Services, whether or not they are designated by us as “certified” or otherwise.

  • 13. Disclaimer of Any Warranty

    THE API, THE SERVICE AND ANY AND ALL VAASARA CONTENT AND VAASARA DATA ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VAASARA AND ITS SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE API, THE SERVICE, VAASARA CONTENT, VAASARA DATA, AND ANY OTHER SERVICES PROVIDED BY VAASARA, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND QUIET ENJOYMENT. VAASARA DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE API WILL BE UNINTERRUPTED, ERROR FREE, SECURE, TIMELY, COMPLETE, RELIABLE, OR CURRENT. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT DOES NOT ENTITLE YOU TO ANY SUPPORT FOR THE API. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

  • 14. Limitation of Liability

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VAASARA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE VAASARA API, THE SERVICE, THE VAASARA CONTENT OR THE VAASARA DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT VAASARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL VAASARA BE LIABLE TO YOU FOR ANY AMOUNT.

  • 15. Release and Waiver

    To the maximum extent permitted by applicable law, you hereby release and waive all claims against VAASARA, and its subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the VAASARA API. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

  • 16. Indemnification

    You shall indemnify, defend and hold harmless VAASARA and its subsidiaries, affiliates directors, officers, employees, successors and assigns from and against any and all judgments, settlements, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of any third party claim relating to your breach or alleged breach of this Agreement.

  • 17. Confidential Information

    “Confidential Information” includes all information provided by VAASARA to you under these this Agreement, including without limitation, Subscriber data, business plans and processes, and any other information which should be reasonably considered to be confidential in nature. You will not use or disclose Confidential Information other than as required to perform under this Agreement or as otherwise expressly permitted by this Agreement. The parties acknowledge that monetary damages may not be a sufficient remedy for unauthorized use or disclosure of Confidential Information and that VAASARA will be entitled (without waiving any other rights or remedies) to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction, without obligation to post any bond. Any information provided by you to VAASARA hereunder is considered by VAASARA to be non-confidential. VAASARA has no duty, express or implied, to pay any compensation for the disclosure or use of any such information provided by you to VAASARA. You acknowledge and agree that any information you provide to VAASARA is solely considered a business relationship under this Agreement and you have no expectation of payment.

  • 18. Publicity

    You may promote your Application, including talking to traditional and online media and your users about your Application, so long as you do so truthfully and without implying that your Application is created or endorsed by VAASARA. You may not issue any formal press release relating to this Agreement or your relationship with VAASARA without VAASARA’s prior written consent. VAASARA reserves the right to issue publicity and promotional materials mentioning and/or describing your Application without your consent.

  • 19. Privacy Policy

    By using our API, you are indicating that you’ve read the VAASARA, FZ LLE. Privacy Policy/DEEP LEARNING, LLC.Privacy Policyand agree to its terms. VAASARA, FZ LLE./DEEP LEARNING, LLC. may use information in accordance with their Privacy Policy. Without limitation, you acknowledge and agree that VAASARA, FZ LLE./DEEP LEARNING, LLC. may process your data, including personal data of your representatives, for the purpose of performing the Agreement and providing the API and related functions, such as billing and support, as well as to send direct marketing communications to your representatives data science, aggregation or anonymization, product or service improvement and reporting, and 478 other purposes set out in their Privacy Policy. You represent and warrant that you are authorized to process your data and make such data available to VAASARA, FZ LLE./DEEP LEARNING, LLC. or their customers for uses as set out in the Agreement and Privacy Policy, including through appropriate notice, consent and by your referring individuals to our Privacy Policy (notwithstanding VAASARA, FZ LLE./DEEP LEARNING, LLC.’s ability and right, to which you agree, to request consent, and provide notice and their Privacy Policy separately to individuals).

    Unless specifically agreed in writing between you and us, in relation to data that are subject to European Economic Area data protection rules, you acknowledge and agree that you act as an independent controller (i.e., not as a processor to us), without prejudice to any use or licensing restriction or condition under the Agreement. You are responsible for ensuring that any contractual arrangements required by applicable law are in place with API developers, including any relevant data processing and transfer agreement (including where appropriate standard contractual clauses) between (i) a VAASARA, FZ LLE./DEEP LEARNING, LLC. Subscriber and you (where you are a third party developer), or (ii) a third party developer and you (where you are a VAASARA, FZ LLE./DEEP LEARNING, LLC. Subscriber), and that we may deny or revoke access to the API if you do not do so. You represent and warrant that the Subscriber consents to the disclosure of personal data relating to it or its representatives and End Users (as defined in the VAASARA, FZ LLE./DEEP LEARNING, LLC. Privacy Policy).

  • 20. Onward Transfer of Personal Data

    This Section 20 applies only in relation to VAASARA, FZ LLE. and not to DEEP LEARNING, LLC. As described in VAASARAPrivacy Policy, available at https://www.vaasara.com/privacy-policy. You agree to (i) use and disclose any personal data you receive from VAASARA only for limited and specified purposes that comply with this Agreement, including Section 8 and that are consistent with the consent provided by the individual; (ii) provide the same level of protection for the personal data as described in the Privacy Shield Principles, available at https://www.privacyshield.gov/article?id=Requirements-of-Participation, including appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access; (iii) notify VAASARA if you can no longer meet your obligations under section (ii) of this sentence and, upon notice, cease processing or take reasonable and appropriate steps to stop and remediate unauthorized processing of personal data; and (iv) assist VAASARA in responding to: (a) lawful requests by public authorities, including to meet national security or law enforcement requirements; and (b) individuals exercising their rights under the Privacy Shield Principles.

  • 21. Records and Audit Rights

    VAASARA shall have the right to audit your compliance with payments, copyright, Confidential Information, and any other restrictions and/or obligations in this Agreement.

  • 22. General Terms

    1)Relationship of the Parties. For all purposes of this Agreement, you and VAASARA shall be and act independently and not as partners, joint ventures, agents, employees or employers of the other. You shall not have any authority to assume or create any obligation for or on behalf of VAASARA, express or implied, and you shall not attempt to bind VAASARA to any contract.

    2)Non-Solicitation. You agree to not solicit for hire any employee of VAASARA with whom you have, at any time, interacted with for the purposes of doing business with VAASARA for the duration of the Agreement or within twelve (12) months after the termination of the Agreement and will not solicit for hire a director or officer of VAASARA who was or is employed by VAASARA while this agreement is in place for the duration of the agreement or within twelve (12) months after the termination of the agreement. Nothing in this provision shall be construed to prevent any individual from being hired by you. If you breach this obligation to not solicit VAASARA employees as provided in this Agreement and the solicited employee is hired by you, you shall pay VAASARA an amount equal to fifty percent (50%) of the solicited employee’s new salary as liquidated damages. The parties agree that quantifying losses arising from your solicitation is inherently difficult insofar as the solicitation may impact VAASARA’s ability to retain personnel and resulting need to recruit, hire and train replacement talent and further stipulate that the agreed upon sum is not a penalty, but rather a reasonable measure of damages, based upon the parties’ experience and given the nature of losses that may result from your solicitation.

    3)Severability. If any court of competent jurisdiction finds any provision of this Agreement unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remainder of this Agreement will continue in full force and effect.

    4)Governing Law; Dispute. This Agreement will be governed by the laws of U.A.E., without giving effect to any principles that would provide for the application of the laws of any other jurisdiction. The United Nations Convention for the International Sale of Goods will not apply to this Agreement. You and VAASARA agree to submit to the personal jurisdiction of the courts located within the emirate Dubai. Notwithstanding the foregoing, you agree that VAASARA may, at any time, apply for injunctive remedies (or an equivalent type of urgent legal relief) in any applicable jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the API or the Service or otherwise under this Agreement must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.

    5)No Waiver of Rights by VAASARA. VAASARA’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

    6)Construction. The headings of sections of this Agreement are for convenience only and are not to be used in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to.”

    7)Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral, relating to such subject matter.

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