Point of Rental API Terms of Service
Last modified: February 15, 2023
Thank you for using Point of Rental's API, other developer services, and associated software (collectively, "API"). By accessing or using our API, you are agreeing to the terms below. 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." You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully. If you use the API as an interface to, or in conjunction with other Point of Rental products or services, then the terms for those other products or services also apply. Some of the software required by or included in the API may be offered under an open source license. Open source software licenses are identified in the API documentation and constitute separate written agreements for use of the API. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Point of Rental for the applicable open source software. Point of Rental reserves the right to suspend or terminate your right to access the API, in its sole discretion, in the event of any violation of these Terms. Under the Terms, "Point of Rental" means Point of Rental, Inc., with offices at 14401 Statler Blvd., Fort Worth, Texas 76155, United States and its affiliates. We may refer to Point of Rental as “we”, “our”, or “us” in the Terms.
ACCOUNT AND REGISTRATION
You may not use the API and may not accept the Terms if (a) you are not of legal age to form a binding contract with Point of Rental, or (b) you are a person barred from using or receiving the API under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the API. If you are using the API on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and, by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity). In order to access the API you may be required to provide certain information (such as identification or contact details) as part of the registration process or as part of your continued use of the API. Any registration information you give to Point of Rental will always be accurate and up to date, and you'll inform us promptly of any updates. All activities that occur using your access credentials are your responsibility. Access credentials are non-transferable and non-assignable. Keep them secret. Do not try to circumvent them.
USING THE API
Subject to the limitations set forth in these Terms, we grant you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and use the API only as necessary to develop, test, implement, use and support an application (an "Application" or "App") that interoperates with the Point of Rental services. You may charge for your Application; however, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the API. You must use the API only in accordance with these Terms and will not: (A) access the API in violation of any law, regulation or third-party rights; (B) access the API in any manner that (i) compromises, breaks or circumvents any of our technical processes or security measures associated with the Point of Rental services, (ii) poses a security vulnerability to customers or users of the Point of Rental services, or (iii) tests the vulnerability of our systems or networks; (C) access the API in order to replicate or compete with the Point of Rental services; (D) attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of the API or the Point of Rental services; or (E) attempt to use the API in a manner that exceeds rate limits, or constitutes excessive or abusive usage. You will only access (or attempt to access) the API by the means described in the API documentation and for the purposes that have been expressly licensed to you by Point of Rental. If Point of Rental assigns you developer credentials (e.g. client IDs), you must use them to access the API for development purposes. You will not misrepresent or mask either your identity or your API Client's identity when using the API or your developer account. Point of Rental sets and enforces limits on your use of the API (e.g. limiting the number of API calls your API Client may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations. If you would like to use the API beyond these limits, you must obtain Point of Rental's express consent (and Point of Rental may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use).
PROHIBITED USES OF THE API
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When using the API, you may not (or allow those acting on your behalf to):
- sublicense the API, any data obtained using the API, or any other Point of Rental Software for use by a third party;
- create an API Client that functions substantially the same as the API and offer it for use by third parties;
- reverse engineer, decompile or disassemble the API or any related software;
- scrape, build databases or otherwise create copies of any data accessed or obtained using the API, except as necessary to enable an intended usage scenario for your Application;
- circumvent any technological measures intended to prevent direct database access, or manufacture tools or products to that effect;
- use an unreasonable amount of bandwidth, or adversely impact the stability of the API or the behavior of other apps using the API;
- disrupt, interfere with, or attempt to gain unauthorized access to services, servers, devices, or networks connected to or which can be accessed via the API;
- perform an action with the intent of introducing to Point of Rental products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature;
- use the API to engage in, or to encourage or promote, illegal activity or violation of third party right;
- defame, abuse, harass, stalk, or threaten others;
- promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements;
- use the API for any activities where the use or failure of the API could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems); or
- remove, obscure, or alter any Point of Rental terms of service or any links to or notices of those terms.
- remove any attribution(s) required by Point of Rental as described in the documentation for the API.
COMPLIANCE WITH APPLICABLE PRIVACY AND DATA PROTECTION LAWS
You must comply with all laws and regulations applicable to your use of the data accessed through the API, including without limitation laws related to privacy, biometric data, data protection and confidentiality of communications. By way of example and not limitation, you will, and will ensure that your employees, agents and service providers will, comply with all applicable local, state, provincial, national or international laws or regulations, and policies of regulatory bodies or agencies, including: (i) the European Union General Data Protection Regulation (Regulation 2016/679); (ii) the ePrivacy Directive (Directive 2002/58/EC) or any local or European law implementing or replacing the same; (iii) the Canadian Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5); (iv) the Federal Trade Commission Act of 1914 (15 U.S.C. § 43); and (v) the Children’s Online Privacy Protection Act (15 U.S.C. § 6501-6505) or any regulations implemented pursuant thereto. Your use of the API is conditioned upon implementing and maintaining appropriate protections and measures for your service and Application, and that includes your responsibility to the data obtained through the use of the API. For the data you obtain through the API, you must:
- obtain all necessary consents before processing data and obtain additional consent if the processing changes ("Data Access Consents");
- implement proper retention and deletion policies, including deleting all data when a user abandons your Application, uninstalls your Application, closes its account with you, or abandons the account; and
- maintain and comply with a written statement available to Customers and users that describes your privacy practices regarding data and information you collect and use ("Your Privacy Statement"), and that statement must be as protective as the Point of Rental Privacy Statement.
CONFIDENTIALITY
Each party (“Disclosing Party”) may disclose “Confidential Information” to the other party (“Receiving Party”) in connection with these Terms, which is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure including non-public business, product, technology and marketing information. Notwithstanding the above, Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party. The Receiving Party will (a) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates and contractors who need to know such information in connection with the Contract; and (b) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms. Nothing above will prevent either party from sharing Confidential Information with financial and legal advisors; provided, however, that the advisors are bound to confidentiality obligations at least as restrictive as those in these Terms. The Receiving Party may access or disclose Confidential Information of the Disclosing Party if it is required by law; provided, however, that the Receiving Party gives the Disclosing Party prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the access or disclosure. If the Receiving Party is compelled by law to access or disclose the Disclosing Party’s Confidential Information, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing access to such Confidential Information as well as the reasonable cost for any support provided in connection with the Disclosing Party seeking a protective order or confidential treatment for the Confidential Information to be produced.
YOUR API CLIENT(S)
The API is designed to help you enhance your websites and applications ("API Client(s)"). YOU AGREE THAT POINT OF RENTAL MAY MONITOR USE OF THE API TO ENSURE QUALITY, IMPROVE POINT OF RENTAL PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Point of Rental accessing and using your API Client, for example to identify security issues that could affect Point of Rental or its users. You will not interfere with this monitoring. Point of Rental may use any technical means to overcome such interference. POINT OF RENTAL MAY SUSPEND ACCESS TO THE API BY YOU OR YOUR API CLIENT WITHOUT NOTICE IF WE REASONABLY BELIEVE THAT YOU ARE IN VIOLATION OF THE TERMS. You will use commercially reasonable efforts to protect user information collected by your API Client, including personal data, from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law. You will provide and adhere to a privacy policy for your API Client that clearly and accurately describes to users of your API Client what user information you collect and how you use and share such information (including for advertising) with Point of Rental and third parties. Point of Rental does not acquire ownership in your API Clients, and by using our API, you do not acquire ownership of any rights in our API or the content that is accessed through our API.
COMMUNICATION WITH POINT OF RENTAL
We may send you certain communications in connection with your use of the API. Please review the API documentation for information about opting out of certain types of communication. You understand and agree that your communications with Point of Rental are not confidential or proprietary to you. If you provide feedback or suggestions about our API, then we (and those we allow) may use such information without obligation to you.
CONTENT PROVIDED THROUGH THE API
Our API may contains some third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Finally, content accessible through our API may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided through the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy. When a user's non-public content is obtained through the API, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.
TRADEMARKS AND PUBLICITY
Point of Rental hereby grants to you a non-transferable, non-sublicenseable, non-exclusive license while the Terms are in effect to display Point of Rental's trademark in standard character format for the purpose of promoting or advertising that you use the API. You must only use the Point of Rental trademark in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. Peek 2024-07-29 17-13 You will not make any statement regarding your use of the API which suggests partnership with, sponsorship by, or endorsement by Point of Rental without Point of Rental's prior written approval. In the course of promoting, marketing, or demonstrating the API and the associated Point of Rental products, Point of Rental may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.
TERMINATION
You may stop using the API at any time with or without notice to Point of Rental. If you want to terminate the Terms, you must provide Point of Rental with prior written notice and, upon termination, cease your use of the API. Point of Rental reserves the right to terminate or modify the Terms or discontinue the API or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you. Upon any termination of the Terms or discontinuation of your access to the API, you will immediately stop using the API, cease all use of the Point of Rental trademark, and delete any cached or stored content that was retrieved by you from the API. Point of Rental may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API. When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to Confidentiality, Compliance with Applicable Privacy and Data Protection Laws, and Warranties and Indemnification.
WARRANTIES AND INDEMNIFICATION
Unless prohibited by applicable law, if you are a business, you will defend and indemnify Point of Rental, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
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your misuse or your end user's misuse of the API;
- your violation or your end user's violation of the Terms; or
- any content or data routed into or used with the API by you, those acting on your behalf, or your end users.
MISCELLANEOUS
The Terms are the entire agreement between you and Point of Rental relating to its subject and supersede any prior or contemporaneous agreements on that subject. We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our API, in our sole discretion. Notice of modifications to the Terms within the documentation of the API and/or to this website. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for the API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for the API, your sole remedy is to discontinue your use of the API. Your continued use of the API constitutes your acceptance of the modified Terms. The Terms do not create any agency, partnership, or joint venture or any third party beneficiary rights. Nothing in the Terms is intended to create, nor shall it be construed as creating, any exclusive arrangement between the parties to the Terms. Nothing in the Terms will limit either party's ability to seek injunctive relief. If you do not comply with the Terms, and Point of Rental does not take action right away, this does not mean that Point of Rental is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. Peek 2024-07-29 17-13 We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. The laws of Texas, U.S.A., excluding its conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the API. ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE API WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF TARRANT COUNTY TEXAS, USA, AND YOU AND POINT OF RENTAL CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
