WSO2 API Cloud Commercial Terms of Use

  1. GENERAL CONDITIONS

    1. WSO2, Inc. ("WSO2") provides WSO2 API Cloud (available at https://wso2.com/cloud/api-cloud, hereinafter “WSO2 API Cloud”) to you subject to these Terms of Use, to the terms of use generally applicable to the use of our webiste (https://wso2.com/, the “Website”) and services at https://wso2.com/terms-of-use and the WSO2 Cloud Service Level Agreement (SLA) at https://wso2.com/cloud/sla-support/ (hereinafter collectively referred to as the “Terms”). These Terms contain the entire agreement of the parties to the use of WSO2 API Cloud and WSO2 has the right to suspend or terminate and refuse any and all current or future use of WSO2 API Cloud (or any portion thereof) in the event of any non-compliance.
    2. These Terms may be updated by WSO2. You understand and agree that you are solely responsible for reviewing these Terms from time to time. You can always review the most current version of these Terms at https://wso2.com/cloud/api-cloud. Any continued use of WSO2 API Cloud by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms.
    3. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of WSO2 API Cloud or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    4. These Terms does not create any joint venture, partnership, agency, or employment relationship between the parties, although the WSO2 reserves the right to name you as a user of WSO2 API Cloud.
    5. The provisions governing Warranty Disclaimer, Limitation of Liability & Indemnity, Intellectual Property Rights, Pricing and Payments will survive termination or expiration of these Terms.
    6. The section titles in these Terms are for convenience only and have no legal or contractual effect.

  2. PURCHASED SERVICES

    1. WSO2 hereby provides you with a limited, non-exclusive, non-transferable and terminable license to access and use WSO2 API Cloud solely for your operations. No rights with respect to WSO2 API Cloud are granted to you other than those specifically detailed in these Terms. WSO2 reserves the right to refuse connections/traffic beyond the contracted subscription tier.
    2. You acknowledge and agree that WSO2 owns all right, title and interest (including without limitation all patents, copyrights, trade secrets or other proprietary rights) in WSO2 API Cloud, and any modifications, corrections or enhancements thereto, whether or not made by WSO2. You further acknowledge that WSO2 API Cloud contains valuable trade secrets and confidential information of WSO2, including but not limited to the specifications, functionality and performance thereof, and shall take all reasonable precautions to prevent any disclosure of such information except as expressly permitted in these Terms. WSO2 shall own all intellectual property rights in any feedback or suggestions provided by you (“Feedback”) and Feedback will be deemed WSO2 property and subject to the terms of use at https://wso2.com/terms-of-use.
    3. WSO2 shall host WSO2 API Cloud and may upgrade the functionality and user interface of WSO2 API Cloud from time to time in its sole discretion and in accordance with these Terms. You acknowledge that such upgrades may result in changes to the appearance and/or functionality of WSO2 API Cloud. You agree that your purchases here under are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features. These Terms shall also apply to any modules or features subsequently provided by WSO2 to you, and/or that have been purchased by you from WSO2 that augment or enhance WSO2 API Cloud. You understand that the technical processing and transmission of WSO2 API Cloud, including your information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    4. For the purposes of these Terms, content shall include any and all data, text, software, documents and other materials you may access pursuant to your use of WSO2 API Cloud and the Website (the "Content"). WSO2 does not represent, warrant or guarantee the accuracy or quality of any Content so posted, displayed, linked or transmitted. WSO2 does not endorse any opinions expressed in or through any such Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of the Content. Except where expressly stated to the contrary, WSO2 possesses the immediate right, but not the obligation, to edit or remove any Content from the Website at any time and/or terminate your ability to access the Website without notice, at its sole discretion.
    5. The Content that you upload, post or otherwise transmit via your use of WSO2 API Cloud and the Website (including, without limitation, any Content submitted to any message boards) or modifications you may make to the Content (collectively, "User Content") is owned by you and subject to our privacy policy at https://wso2.com/privacy-policy/. WSO2 does not claim ownership of the User Content and shall have no obligation of any kind with respect to such User Content, in each case except to the extent expressly assumed under written agreement. You hereby grant WSO2, its Affiliates, and all other registered users of WSO2 API Cloud and the Website a worldwide, royalty-free, paid-up, transferable, sublicensable, non-exclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, and publish such User Content for the purposes of: formatting, maintenance, repair, protection, organization, or other administration of the Website and for the use of such User Content in the course of WSO2's provision of the Website or WSO2 API Cloud and any related services. This license will remain in effect until such User Content is removed from the Website. You hereby represent and warrant that you have proper authorization for the worldwide transfer and processing among WSO2, its Affiliates, and third-party providers of any information or User Content you create or provide. As used in these Terms, "Affiliate" means any entity that controls, is controlled by or is under common control with WSO2.
    6. Restrictions

      1. The license granted in these Terms and your use of WSO2 API Cloud shall not include service bureau use, outsourcing, renting or time-sharing of WSO2 API Cloud.
      2. WSO2 API Cloud is the public hosted version of WSO2’s WSO2 API Manager product, which is subject to the Apache License 2.0; accordingly your usage of WSO2 API Cloud will be subject to this license. You also specifically agree not to use the WSO2 API Cloud, the Website or Content in any way which violates or infringes anyone's intellectual property rights; transmits software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or which is in any other way harmful to WSO2 its Affiliates, or other users of WSO2 API Cloud, the Website or Content.
      3. You agree that the license granted herein is not a concurrent user license.
      4. You are expressly prohibited from sublicensing use of WSO2 API Cloud to any third parties. You agree that WSO2 shall own all rights, title and interest in and to all intellectual property rights in WSO2 API Cloud. Except as provided in these Terms, the license granted to you does not convey any rights in WSO2 API Cloud, expressed or implied, or ownership in WSO2 API Cloud or any intellectual property rights thereto. Any rights not expressly granted herein are reserved by WSO2.
      5. You may conduct load or performance tests on WSO2 API Cloud provided that when doing so you remain within your purchased subscription tier.
    7. Customer Support

      1. You will be responsible for receiving and responding to all calls for support from your end users for WSO2 API Cloud and for performing initial problem analysis, diagnosis, and replication of the problem at your location. Problems will be deemed replicated if they occur persistently, if it seems reasonably likely they originate in WSO2 API Cloud, and if you reasonably cooperate with WSO2 by providing logs and other information about the problem, its occurrences, and provide assistance to WSO2 to help isolate the problem.
      2. WSO2 provides online and email technical support through the Help/Contact Support menu in the WSO2 API Cloud user interface. If for any reason this menu is not available, you may contact WSO2 support by e-mail at the following address: cloud@wso2.com. In order for WSO2 to process your support request, you shall: (a) identify yourself and the API affected, (b) describe the nature of the outage; and (c) provide contact information in the form of email for follow up communications.
      3. Exceptions: WSO2 has no obligation to provide support services for problems in the operation or performance of WSO2 API Cloud caused by a non-WSO2 software or hardware product.

  3. PRICING AND PAYMENT

    1. WSO2 API Cloud pricing and payment plans are available at https://wso2.com/cloud/pricing.
    2. Fees are nonrefundable and billed monthly in advance. Your subscription period commences on the first day you access WSO2 API Cloud on the basis of a paying account.
    3. You will be automatically charged in terms of the credit card information provided by you once WSO2 generates the invoice for the usage plan you have subscribed for.
    4. If you exceed the subscribed usage plan you will be charged for such excessive usage in accordance with WSO2’s records of your usage data and WSO2 will invoice you accordingly on the next billing cycle. You will not receive prior notification of your excessive usage or of the proportionate increase that will be reflected in your next invoice.
    5. Upgrade of a subscription plan will be made effective immediately but cancellations and downgrades will be made effective from the next billing cycle; accordingly no refunds will be offered.
    6. You will be issued with receipts for payments made.
    7. All fees are exclusive of any applicable Taxes. You will pay to WSO2 an amount equal to any Taxes arising from or relating to these Terms, including without limitation, sales, service, use or value added taxes, which are paid by or are payable by WSO2. "Taxes" means any form of taxation, levy, duty, customs fee, charge, contribution or impost of whatever nature and by whatever authority imposed (including without limitation any fine, penalty, surcharge or interest), excluding, however, any taxes based solely on the net income of WSO2. If you are required under any applicable law or regulation, domestic or foreign, to withhold or deduct any portion of the payments due to WSO2, then the sum payable to WSO2 will be increased by the amount necessary so that WSO2 receives an amount equal to the sum it would have received had you made no withholdings or deductions.
    8. WSO2 reserves the right to change list prices and pricing plans in line with periodic scheduled price revisions and in the event that WSO2 is of the view that such a change may adversely affect the plan you have subscribed you will receive thirty (30) days prior notice by e-mail of the proposed change.
    9. Transaction History: unless your account has been disabled by WSO2 or otherwise, you will be able to access to your monetary transactions relating to WSO2 API Cloud by logging in to the system with your access username and password.

  4. CUSTOMER REGISTRATION

    1. In order to receive services in relation to WSO2 API Cloud you must complete the WSO2 registration process subject to the user restrictions detailed at https://wso2.com/terms-of-use.

  5. PUBLICITY

    1. You agree that you will display the “Powered by WSO2 API Cloud” logo on any API stores powered by WSO2 API Cloud.
    2. You agree that as long as these Terms remain in force, WSO2 may issue press releases and make orally reference to the fact that you are a customer of WSO2. WSO2 agrees that you may, as long as these Terms remain in force, also make reference, orally or in writing, that WSO2 is one of your service providers.
    3. WSO2 reserves the right to use your web services description to configure examples in its press releases, marketing channels and any other publicity materials as well as the right to link to your site.

  6. INTELLECTUAL PROPERTY RIGHTS

    1. All right, title, and interest in and to WSO2 API Cloud and all intellectual property rights in the foregoing will remain vested in WSO2.
    2. Neither party will at any time do, permit or cause to be done, any act or thing that would tend to impair or dilute in your case, WSO2’s rights in WSO2 API Cloud or either party’s trademarks, service marks, and trade names.
    3. You acknowledge and agree that WSO2 may use aggregate data derived from your use of WSO2 API Cloud hereunder subject to our privacy policy at https://wso2.com/privacy-policy/

  7. TERMINATION

    1. You agree that WSO2 at its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of WSO2 API Cloud (or any part thereof), immediately and without notice, and remove and discard any User Content within the Website, for any reason, including, without limitation, if WSO2 believes that you have acted inconsistently with these Terms. Further, you agree that WSO2 shall not be liable to you or any third-party for any termination of such access to the Website. Further, you agree not to attempt to use WSO2 API Cloud after said termination.
    2. You may terminate your account using the billing user interface at any point in time upon notification to WSO2. Upon termination of your account, access will cease immediately and WSO2 may remove, delete, or disable Content, account and transaction history, or any other material associated with your account at WSO2 API Cloud, at its sole convenience.
    3. No termination of these Terms will affect any obligation to make payment of outstanding amounts owed by you to WSO2.
    4. WSO2 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, WSO2 API Cloud (or any part thereof) with or without notice. You agree that WSO2 shall not be liable to you or to any third party for any modification, suspension or discontinuance of WSO2 API Cloud.

  8. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY & INDEMNITY

    1. Your use of WSO2 API Cloud will be subject to the warranty disclaimers and liability limitations detailed at https://wso2.com/terms-of-use
    2. WSO2 does not provide any warranty as to your use of third-party content, software or services that you obtain via WSO2 API Cloud.
    3. YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD WSO2 HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH WSO2 API CLOUD, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST WSO2 ARISING OUT OF YOUR USE OF WSO2 API CLOUD.