Terms of Use

HexaEight

Welcome to HexaEight. This website is owned and operated by HexaEight. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy 

This agreement effective from the first time you use our Product or Services.
 
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.  

Responsible Use and Conduct  

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a) In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b) You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c) Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d) Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e) Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f) You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g) We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

h) Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; Iii. Contains any type of unauthorized or unsolicited advertising; Iiii. Impersonates any person or entity, including any HexaEight employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

i) We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of HexaEight, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

j) You agree to indemnify and hold harmless HexaEight and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.   


Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. vi) no information or advice, whether expressed, implied, oral or written, obtained by you from HexaEight or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

API Terms

Furthermore, you understand and agree to the Additional Terms for Application Programming Interface henceforth known as "API".

These Application Programming Interface Terms of Use (“Terms of Use”) govern your access and use of the APIs provided by HexaEight, its subsidiaries and affiliates (collectively, "HexaEight"). The guides, materials, references, software and other applications or services provided by HexaEight in association with the access and use of the HexaEight APIs, together with the HexaEight APIs themselves, are collectively referred to as a suite of “HexaEight API Services”.

By accessing or using the HexaEight API Services you confirm your agreement to be bound by these Terms of Use. HexaEight APIs may also be subject to any other agreements you have with HexaEight, including those related to your use of business-specific APIs referred to as "Supplemental Agreements". Collectively, we refer to the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the "Terms." If you use the HexaEight APIs as an interface to, or in conjunction with, other HexaEight products and services, then the Terms of those products and services (“HexaEight Product Terms”) also apply to you and your end users. If there is a conflict between these Terms of Use and the terms of a Supplemental Agreement governing your use of an HexaEight API or HexaEight Product Terms governing your use of HexaEight’s products and services, those terms will control with respect to that conflict.

PLEASE READ THESE API TERMS OF USE CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND HEXAEIGHT while accessing HexaEight API Services. We may refer to "HEXAEIGHT" as "we", "our", or "us" in this Agreement.

1) Access to APIs
You may not use the APIs and may not accept the Terms if you are not of legal age to form a binding contract with HexaEight, or you determine that you are unable to comply with these Terms of Use or you are prohibited by applicable law from accessing or using HexaEight API Services.

2) Entity Access.
If you are accessing HexaEight API Services on behalf of a company, entity, or organization (collectively “entity”), then you represent and warrant that you: (a) are an authorized representative of that entity with the authority to bind such entity to the Terms; (b) have read and understand the Terms; and (c) agree to these Terms of Use on behalf of such entity. All references to “you” in these Terms of Use shall also refer to that entity.

3) Registration,Subscription and Supplemental Agreements
We host our APIs with a third party api service provider RAPIDAPI henceforth referred to as "RapidApi" and the website of the third party api service provider as "RapidApi Site".
To access HexaEight API Services, you may be required to register and Subscribe to our services in RapidApi Site. After an approved registration, you will be issued certain credentials, which may be required to access HexaEight APIs. You take full responsibility for any usage of the API with your credentials and agree to not misrepresent or mask your identity or your credentials when accessing or using HexaEight API Services. By using our services through Rapidapi, you are also bound by the agreements available on RapidApi Site at URL https://rapidapi.com/terms

4) Access Revocation.
We reserve the right to revoke your access to HexaEight API Services without prior notice if we determine your use violates the Terms or is otherwise objectionable as determined by HexaEight's sole discretion.

5) End Users
You will require your end users to comply with and not knowingly enable them to violate applicable law, regulation, and the Terms.

6) Compliance.
Access, implementation and use of HexaEight API Services must be in compliance with all applicable law, regulation, third party rights (including, without limitation, laws regarding the import or export of data or software, privacy, and local laws) as well as HexaEight’s instructions. You will only use HexaEight API Services in connection with legally permissible activities and as described in the Terms.

7) API Limitations.
HexaEight sets and enforces limitations on the use of HexaEight API Services. You will not circumvent, or attempt to circumvent, such limitations as they apply to each HexaEight API or as otherwise set forth in the Terms, except as approved in writing by HexaEight. HexaEight may limit the number or nature of network calls also known as requests that you or your application may make. HexaEight may change such usage limits at any time with or without notice and may use any means to enforce its usage limitations or prevent overuse of HexaEight APIs.

8) API Review
We may monitor your use of HexaEight API Services for reasons including to improve HexaEight API Services and identify security issues or ensure compliance with the Terms. We reserve the sole right to determine whether or not your use of HexaEight API Services is acceptable including the manner in which HexaEight API Services are integrated into Your products, applications or services. HexaEight may collect and use usage data and information related to your use of HexaEight API Services. If you provide feedback or suggestions about our APIs, then we and those we allow may use such information without obligation to you. The Terms are non-exclusive. You acknowledge that HexaEight may develop products or services that may compete with the API Clients or any other products or services.

HexaEight’s review, testing, or approval of your products, application or services does not constitute any representation or acknowledgement by HexaEight that your Products and/or any content therein comply with the Terms, any laws, rules, or regulations, nor does it constitute any acceptance by HexaEight of any responsibility or liability in connection with such products or services, or any content therein.

You agree that you will not interfere with this monitoring. HexaEight may use any technical means to overcome such interference. HexaEight may suspend access to the APIs by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.

9) API Prohibitions:
Unless permitted by applicable law or any Supplemental Agreement(s) between you and HexaEight, you will not, and will not direct, encourage, or assist any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available HexaEight API Services to any other party ; (b) modify or make derivative works based upon HexaEight API Services; (c) improperly use HexaEight API Services (d) reverse engineer, decompile, modify, or disassemble HexaEight API Services; (e) send spam or otherwise duplicative or unsolicited messages with HexaEight API Services; or (f) use HexaEight API Services to display any offensive content or any content for which you do not have the right to share with HexaEight or to display or distribute unsolicited advertising or promotions, or initiate any other communication or contact with HexaEight users or partners.

In addition, you shall not, and shall not direct, encourage, or assist any other party to, access or use HexaEight API Services to: (i) design or develop a competitive or substantially similar product or service; (ii) copy or extract any features or functionality thereof; (iii) launch or cause to be launched on or in connection with the HexaEight API Services a malicious program or scripts, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program intended to overburden or hinder the operation and/or performance of HexaEight API Services; (iv) attempt to gain unauthorized access to HexaEight API Services or its related systems or networks; (v) include any underlying HexaEight platforms or product with competitors in any aggregated view i.e. webpage, app, software, etc.; (vi) aggregate HexaEight’s data with competitors’ data; or (vii) parse or scrape any of HexaEight’s data; in each case other than as explicitly permitted by HexaEight in writing. You will not share with a third party or enable a third party to use any operational, technical or other data obtained through the use of HexaEight API Services in any manner that is competitive to HexaEight, including, without limitation, in connection with any application, website or other product or service that also includes, features, endorses, or otherwise supports in any way a third party that provides services competitive to HexaEight’s products and services.

10. Online Billing and Refund: All payments for using our Services will be collected by RapidAPI and you are bound by the terms listed in the API Consumer – Fees section of RapidAPI. We reserve the right to revoke your access to HexaEight API Services without prior notice if we determine we have not received the full payments and overage fees for your use of HexaEight API Services. HexaEight will not provide any refunds for unused quotas and requests during the subscription period. HexaEight will also not carry forward unused requests to the next or future subscription period.

11. Taxes: Customer is responsible for any Taxes, and Customer will pay HexaEight for the Paid Services without any reduction for taxes. If HexaEight is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides HexaEight with a timely and valid tax exemption certificate authorized by the appropriate taxing authority.

12. API Service Level Agreements : HexaEight API Service Status may be publicly made available for you to determine if HexaEight API services are unavailable or if an downtime has occured to HexaEight API services. We try our best to ensure our services are available 24x7. In the event of any downtime we may offer alternate access to HexaEight API services through Rapidapi which may or may not incur additional costs and will solely be decided by HexaEight's if we believe the extent of the availbility might be affected for a longer duration. However under no circumstances there will be refunds or adjustments towards existing subscription fees or quotas extension requests for any subscribed user due to an reduced availability or downtime situation.  

13. API Data Security :  All data passing through HexaEight API Services are encrypted and sent only via Secure Sockets layer.  The confidenciality and security of the data rests solely with the Subscriber client and is free to perform additional level of encryption he deems fit to protect the confidenciality of his data.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. HexaEight will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks All content and materials available on HexaEight, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of HexaEight, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by HexaEight.   

Termination of Use  

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law This website is controlled by HexaEight from our offices located in the state of Karnataka, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of India, by accessing our website, you agree that the statutes and laws of Karnataka, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in India, Karnataka You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Guarantee

UNLESS OTHERWISE EXPRESSED, HexaEight EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

©Copyright 2019 HexaEight.com. All rights reserved.
HexaEight and EightPatcher are trademarks held by HexaEight. Various trademarks are held by their respective owners.

Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
HexaEight Support (support at hexaeight.com)

HexaEight

(c) Copyright 2019 HexaEight All Rights Reserved

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