Intesis Professional REST API Terms of Use
Brand: Intesis (by HMS Networks)
Introduction
These Terms of Use govern the use of the AC Cloud control Professional REST API (the “PublicAPI”). To use the PublicAPI, users must complete and submit the API Request Form available at www.intesis.com/docs/ac-cloud-control/api-form/. Intesis will review requests and provide necessary data upon acceptance. By using the PublicAPI, users agree to these terms. Intesis reserves the right to update these terms at any time.
The license to use the PublicAPI continues until terminated by either party. Termination can occur by discontinuing use, or by Intesis providing written notice or disabling access. Automatic termination occurs if any terms are violated.
1. Licensed Uses and Restrictions
The PublicAPI is owned by Intesis and licensed on a non-exclusive, non-sublicensable basis worldwide. These terms cover legal use, including updates and revisions. Intesis retains all rights not expressly granted.
1.1. User Obligations:
- Comply with the Intesis Terms of Use at www.intesis.com/docs/ac-cloud-control/api-terms/.
- Adhere to any requirements or restrictions imposed by the owners of the devices accessed via the PublicAPI. Users are responsible for ensuring compliance with device owner requirements.
1.2. Prohibited Uses:
- Replicating or replacing the essential user experience of Intesis applications without prior written consent.
- Spamming, incentivizing, or harassing users.
- Using the PublicAPI in connection with spyware, adware, or other malicious programs or code.
- Violating any law, regulation, or the rights of any person, including intellectual property, privacy, or personality rights.
- Adversely impacting the stability of Intesis AC Cloud Control servers or other applications using the PublicAPI. Intesis may rate limit or block applications with excessive API calls and may request integration of third-party APIs to manage real-time value changes.
- Selling, leasing, or sublicensing the PublicAPI or its access, or deriving revenue from its use, except as otherwise stated.
2. Brand Assets
Use of Intesis brand assets, including the name and logo, is prohibited without prior written consent.
3. Ownership and Relationship of Parties
The PublicAPI is protected by intellectual property laws. Intesis owns all rights, title, and interest in the PublicAPI, including all output and executables. Users agree to abide by applicable proprietary rights laws and notices. These terms do not grant any rights to Intesis’ intellectual property.
4. Support
Intesis may provide support or modifications at its discretion and may terminate support at any time without notice. Intesis may also change, suspend, or discontinue any aspect of the PublicAPI, impose limits, or restrict access without notice or liability. Intesis is not responsible for service outages caused by third-party telecommunication or internet providers. Services may be inaccessible due to hardware/software issues, maintenance, or other reasons beyond Intesis’ control. Intesis does not warrant that services will meet specific performance or quality criteria but will make commercially reasonable efforts to maintain data accuracy and provide uninterrupted access.
5. Fees and Payments
Intesis offers free and open access to its APIs for non-commercial purposes. However, for uses exceeding certain rates or for commercial applications, Intesis reserves the right to charge fees for future use or access.
6. Disclaimer of Any Warranty
Intesis does not warrant that the PublicAPI is free of inaccuracies, errors, bugs, or interruptions, or that it is reliable, accurate, complete, or valid. The PublicAPI is provided “as is” without warranty of any kind, express or implied. Intesis disclaims all warranties and conditions, including those of merchantability, fitness for a particular purpose, availability, security, title, and non-infringement. Use of the PublicAPI is at the user’s own discretion and risk, and users are responsible for any damage resulting from its use.
7. Limitation of Liability
Intesis shall not be liable for any indirect, incidental, consequential, special, or exemplary damages arising from the use of the PublicAPI, regardless of the legal theory. Intesis’ liability will not exceed any amount paid by the user for the PublicAPI.
8. Release and Waiver
To the maximum extent permitted by law, users release and waive all claims against Intesis and its affiliates, officers, agents, licensors, partners, and employees arising from or related to the use of the PublicAPI.
9. Hold Harmless and Indemnity
Users agree to hold harmless and indemnify Intesis and its affiliates from any third-party claims related to the use of the PublicAPI, including liabilities and expenses.
10. General Terms
Relationship of the Parties: Users and Intesis act independently, not as partners or agents. Users cannot create obligations on behalf of Intesis.
Invalidity of Specific Terms: If any provision is found invalid, courts should endeavor to give effect to the parties’ intentions, and other provisions remain in effect.
Location of Lawsuit and Choice of Law: The terms are governed by Spanish law. Disputes will be submitted to the courts in Igualada, Spain.
No Waiver of Rights by Intesis: Failure to enforce a right does not constitute a waiver.
Miscellaneous: Section headings are for convenience and do not affect the terms. The API Terms of Use constitute the entire agreement.
