Klaxoon API Terms of Use

Last Updated: January 8th 2024

These API Terms of Use ("Terms") govern your access to and use of the Klaxoon Application
Programming Interface ("API"), associated documentation, tools, and services (collectively, the "API
Services"
). By accessing or using the API Services, you agree to these Terms. If you do not agree, you
must not access or use the API Services.

1. API License Grant

1.1 Limited License

Klaxoon grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to
access and use the API Services solely for:

  • Developing, testing, and deploying software applications, tools, or services ("Applications") that
    interact with Klaxoon's platform as authorized by Klaxoon.
  • Enhancing user functionality within the Klaxoon ecosystem in compliance with these Terms.

1.2 Restrictions on License

This license is conditioned upon your compliance with these Terms and is limited to the purposes explicitly
described in this agreement. Any other use is strictly prohibited.

2. Permitted Uses of the API Services

You may use the API Services to:

  • Access and retrieve data expressly made available by Klaxoon for integration into your
    Applications.
  • Provide added functionality to Klaxoon’s users, in a way that does not compete with or replicate
    the core features of Klaxoon’s platform.
  • Facilitate interoperability between Klaxoon and other platforms, provided such use complies with
    these Terms and applicable laws.

3. Prohibited Uses

You may NOT use the API Services for any of the following purposes:

3.1 General Prohibitions

a) Modify, translate, reverse-engineer, decompile, disassemble, or otherwise attempt to extract source
code, algorithms, or trade secrets from the API Services.

b) Use the API Services to violate any applicable law, regulation, or third-party rights, including intellectual
property rights or data privacy laws.

c) Perform load testing, penetration testing, or other similar activities on the API Services without prior
written approval from Klaxoon.

3.2 Competitor-Specific Prohibitions

If you are a competitor of Klaxoon or acting on behalf of a competitor, the following additional restrictions
apply:

a) Competitive Monitoring and Analysis

  • You may not use the API Services to evaluate, monitor, benchmark, or analyze the performance,
    functionality, or features of Klaxoon’s platform for competitive purposes.

b) Data Export or Migration

  • You may not use the API Services to facilitate or automate the transfer, export, or migration of
    Klaxoon customer data, workflows, or content to a competing product or service.
  • This includes, but is not limited to, creating migration tools, scripts, or integrations aimed at
    transferring data from Klaxoon to another platform without Klaxoon's prior written consent.

c) Development of Competitive Products

  • You may not use the API Services to develop, create, or improve any product, service, or
    application that competes directly or indirectly with Klaxoon's offerings, whether by replicating
    features or building alternative solutions.

d) Misrepresentation

  • You may not present or position your Application as an authorized or affiliated Klaxoon service if
    it enables or promotes activities competitive to Klaxoon.

3.3 Other Prohibited Activities

a) Use the API Services in any way that damages, disables, or disrupts Klaxoon's platform, systems, or
networks.
b) Scrape or harvest data from Klaxoon’s platform, except as explicitly authorized through the API.

c) Sell, rent, sublicense, or otherwise commercialize access to the API Services without Klaxoon’s prior
written consent.

4. Intellectual Property

4.1 Klaxoon Ownership

Klaxoon retains all rights, title, and interest in and to the API Services, platform, and all associated
intellectual property, including any enhancements, modifications, or derivative works created by or for you
using the API Services.

4.2 Derivative Works

You may not create derivative works based on the API Services, except to the extent necessary to enable
your Application to function as expressly authorized by these Terms.

4.3 Feedback

If you provide feedback, suggestions, or recommendations about the API Services, Klaxoon may use
such feedback for any purpose without obligation or compensation to you.

5.Data and Privacy

5.1 Compliance with Data Protection Laws

You must comply with all applicable data protection laws, including but not limited to the GDPR and CCPA,
when accessing, processing, or storing data obtained through the API Services.

5.2 User Consent

You are responsible for obtaining any required user consents before accessing their data through the API
Services.

5.3 Data Retention and Deletion

You may only retain data obtained through the API Services for as long as necessary to fulfill the purpose
for which it was collected. Upon termination of access or at Klaxoon’s request, you must delete all such
data.

6. Monitoring and Enforcement

6.1 Audit Rights

Klaxoon reserves the right to audit your use of the API Services to ensure compliance with these Terms.
You agree to cooperate fully with such audits and provide any requested information or access.

6.2 Remedies for Violations

In the event of a violation of these Terms, Klaxoon may:

  • Suspend or terminate your access to the API Services.
  • Require the immediate deletion of data obtained through the API Services.
  • Pursue legal remedies, including damages or injunctive relief.

7. Termination

7.1 By Klaxoon

Klaxoon may suspend or terminate your access to the API Services at its sole discretion, with or without
notice, for any reason, including but not limited to:

  • Your breach of these Terms.
  • Use of the API Services in a manner deemed harmful to Klaxoon or its users.

7.2 By You

You may terminate your use of the API Services at any time by ceasing all access and use and deleting
any data obtained through the API Services.

8. Limitation of Liability

To the fullest extent permitted by law:
a) Klaxoon will not be liable for any indirect, incidental, special, consequential, or punitive damages arising
out of or related to the API Services.
b) Klaxoon’s total liability for all claims related to the API Services will not exceed 100 Euros.

9. Indemnification

You agree to indemnify and hold Klaxoon harmless from any claims, damages, losses, liabilities, and
expenses (including legal fees) arising from:

  • Your use of the API Services.
  • Your breach of these Terms.
  • Any claims related to your Applications, including those made by third parties.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of France without regard to conflict of laws principles. Any disputes
will be resolved exclusively in the courts of Rennes (France).

11. Miscellaneous

11.1 Modifications

Klaxoon may update these Terms from time to time. Continued use of the API Services constitutes
acceptance of the updated Terms.

11.2 Entire Agreement

These Terms constitute the entire agreement between you and Klaxoon regarding the API Services and
supersede all prior agreements or understandings.

By accessing or using Klaxoon’s API Services, you acknowledge that you have read, understood,
and agree to be bound by these Terms.