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Terms of Service (EULA)

EULA B2C (Business-to-Consumer)

Effective September 30, 2018

1. Introduction

This document is an End-User License Agreement ("EULA") between

you ("You" or "you")

as a "Consumer" ("Verbraucher") within the meaning of § 13 Bürgerliches Gesetzbuch (BGB) and

ApiTree GmbH ("ApiTree")
CEO Nils Friedrichs
Scharnhorststraße 24
10115 Berlin

and it governs Your use of all versions of any ApiTree-Products (collectively "Product"). You are a "Consumer" ("Verbraucher") within the meaning of § 13 of the German Civil Code (BGB) if You act in the conclusion of a contract for the use of the Products not in the exercise of Your commercial or independent professional activity.

2. Accepting the Agreement

By using the Product on any computer system, You agree to be bound by this EULA. ApiTree reserves the right to modify terms of this EULA at its discretion. If ApiTree makes any material changes to the EULA terms, it may notify you by e-mail or posting a notice on its website www.apitree.com ("Website").
You must be legally capable of entering in to a binding contract under the laws of the country and/or state to which You are subject to. If You are not legally capable of entering into a contract under the laws of country and/or state to which you are subject to, you cannot use the Product and cease its use immediately.
You must be a human being to enter into this EULA even if you intend to use the Product on an automated platform or other form of non-human use. Any use of the Product by 'bots' or other automated tools or methods is not permitted under this EULA.
The Product is available in two variants – APITree for free and APITree subscriptions. This EULA is applicable to Your use of any and all variants of the Product subject to the condition that there are variant specific terms that are incorporated in to this EULA in subsequent sections. In the event of a conflict between the terms of this EULA and a variant specific section, the terms of the variant specific section will prevail to the specific extent set out in such variant specific section.

3. License Grant

Subject to the terms and conditions of this EULA and Your paying the applicable fees, ApiTree grants You a revocable, non-exclusive, non-transferable, non-sublicensable, license to use* the Product in accordance with the terms of this EULA. Except for the limited license set out in this EULA, ApiTree grants you no other license or right in the Product. Your license will end when this EULA is terminated even if there are terms to the contrary set out elsewhere in this Agreement or in other documentation entered into between ApiTree and you.

*Use, Using or Used means to directly or indirectly activate the processing capabilities of the Product, load, execute, access, utilize, store, employ the Product, or display information resulting from such capabilities including uploading any Content** or generating any Content by utilizing its capabilities. User means anyone Using the Product.
**Content means any data, code, content, images or other materials of any type that you upload, process, submit or otherwise transmit through the Product.

4. Proprietary Rights and Non-exclusivity

You acknowledge and agree that ApiTree owns all legal rights, titles and interests in the Product including but not limited to any ideas, concepts, inventions, systems, platforms, interfaces, tools, utilities, user interface, algorithms, logic, formulae, scripts, work flows, processes, software, methodologies, databases know-how, trade secrets and other technology and information including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist.
This EULA is a non-exclusive arrangement. There is no prohibition or restriction on ApiTree to provide same or similar rights as set out in this EULA to any other person.

5. Software Terms

5.1 Number of Instances

APITree is an online platform available through websites on the internet (including www.apitree.com, hub.apitree.com, api.apitree.com). It requires a browser (with JavaScript enabled) and an internet connection. The websites are optimized for desktop browsers.
Any versions of the product require an ApiTree account (section 5.2).

5.2 ApiTree account

ApiTree products allow You to create an Individual Account (referred to as an Account in this EULA). The information you provide to ApiTree when you create an Account must be accurate, complete, current, and in order with the applicable law. ApiTree reserves the right to change a username if the selected username violates rights of third parties. You also have the obligation to keep your Account information accurate, complete and current at all times. If any of the information you submitted to ApiTree at the time of account creation changes, you must promptly update the same.
A user account is assigned by default to the free plan (free of charge) "Free". After successful registration, a message confirming the e-mail address will be sent to the e-mail address registered at registration. Without confirmation, not all features of APITree can be used. The user name chosen by the user cannot be changed at this time.
You are neither allowed to create more than one ApiTree account nor to share your ApiTree account with other persons.
You must keep your account access credentials safe and secure. You are responsible for all actions taken through your accounts. You are required to promptly inform ApiTree and modify your account login credentials or those of a permitted user if such login credentials are compromised and/or misused/likely to be misused by a third party to improperly access the Product through your account.
Your ApiTree account can be deleted by You again without giving reasons at any time. For the deletion it is necessary to enter your username and / or e-mail address for verification.

5.3. APITree Organizations

APITree organizations enable the specification of APIs in a team and provide enterprise functionalities such as the automated testing of APIs. To create an organization, an ApiTree account (5.2) is required. The person creating / establishing the organization is automatically the owner of the organization. As an owner, you have complete access to all the functions of an organization. By default, an organization is assigned the free "Free" plan. To create teams or add other members of the organization, you must switch to a paid "Team" or "Enterprise" plan.

5.4. APITree Teams

The versions "Team" and "Enterprise" of the APITree Product may support working collaboratively in Teams.
The individual who will be responsible for the establishment and management of your Team is referred to as Team Owner (Administrator). Once Your Team Owner has created your Team, she/he can invite other individuals to Use the Product through the "invite" feature in the Product (each a "Team Member"). The Team Owner will be required to provide the name, e-mail address, employer name (if applicable) and any other information required by ApiTree for each Team Member.
Each individual Team Member will be required to follow the instructions set out in the Team Administrator's invitation to complete their registration as a Team Member and be able to Use the Product.

Two different cases may occur:
a) The invited person already has an ApiTree account. In this case, the person can be added to the organization through their username.
b) The invited person does not yet have an ApiTree account. The Team Owner can send an invitation by entering an e-mail address. To join the organization, the person must first create a personal account and ApiTree offers the user the opportunity to join the Team.

In principle, the person can accept or reject the invitation of a Team Owner.
The Team Owner shall at all times have the right to add or remove Team Members from your Team in case the "Team"- or "Enterprise"-Plan is active.
The Team Owner shall be entitled to designate more than one Team Member as Team Owner (Administrator). Upon such designation, each new Owner will be able to do everything that any other Team Owner is permitted to do by the Product and this EULA.
You must not exceed the number of licensed users allowing any form of time sharing use or by permitting more than one individual to use the same set of Team Member login credentials or any other arrangement which bypasses or defeats APITree's system controls designed to enforce team size limits.

5.5 The APITree API

Your Account data as well as the API-specifications created by you may be accessible via an API (Application Programming Interface). Any use of the API, including use of the API through a third-party product that accesses the Account, the Product or the Website is bound by the terms set out in this EULA and the following specific terms:
a) Abuse or excessively frequent requests to the Account, the Product or the Website via the API may result in the temporary or permanent suspension of your access to the API. ApiTree, in its sole discretion, will determine abuse or excessive usage of the API. ApiTree will make a reasonable attempt via e-mail to communicate the Team Administrator prior to suspension.
b) ApiTree reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
c) You expressly understand and agree that ApiTree shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ApiTree has been advised of the possibility of such damages), resulting from access data via the API, as far as feasible by the applicable law.

6. Ownership and Sharing of Content

6.1 You guarantee to own all of the rights and title in the Content that you upload into, or generate by Using, the Product. Therefore, You are solely responsible for any Content uploaded into or generated by Using the Product through your Account. Your Content must not violate any applicable law or any right (including intellectual property right) of any person.

6.2 Any content uploaded into or generated by Using the Product through your Account will be stored in the cloud (e.g. Amazon AWS). This storage functionality is provided to you on an "as-is where-is basis" and ApiTree does not take any responsibility for the security of such Content as far as feasible under the applicant laws. You will be deemed to have accepted all the conditions in this EULA relating to such functionality.
Your Use of the Product does not require any personally identifiable information to be uploaded into or included in the Product except to the extent set forth in this paragraph. You hereby permit ApiTree to collect, use, store and process e-mail address(es), IP addresses from which you access the Product and other login or authentication credentials from both your Team Members and you in order to ensure that your Team and you have proper access to the Product and to resolve any issues you may encounter while Using the Product. This information may be considered personal information/personally identifiable information under the laws of the jurisdiction from which you access and Use the Product. ApiTree shall collect, use, store and/or process this information only for the purposes listed out above or to contact you with information about ApiTree and its offerings. Upon termination of this EULA, any information provided by You for creation of your Account will be deleted by ApiTree from their records within a reasonable period of time following such termination.
ApiTree maintains a record of usage of the Product by the Users to collect, store, analyze and use any data relating to their Use of the Product. To this end, ApiTree shall record the number, type, frequency or other patterns regarding type and manner of Use of the Product by its Users. You acknowledge and agree to this right of ApiTree. You agree that ApiTree retains all legal rights, title and interest in any such record, report or analysis generated by ApiTree under this Section 6. You further agree that ApiTree may use the aggregated data relating to Use of the Product by all its Users for improving the efficiency or adoption and usage of the Product. For the avoidance of doubt, ApiTree will not access your Content as part of its monitoring of the use and functioning of the Product.

7. Fees and Taxes

Your use of the Product is subject to your paying ApiTree the fees applicable to the Product variant you are using. You also acknowledge and agree that different variants of the Product provide you with access to different sets of features in the Product as well as differential levels of permitted usage within the same feature. You can view the fees and the features made available for each variant at https://www.apitree.com/pricing
All fees are denominated in Euros and shall be payable in accordance with the payment terms, shall vary depending upon variant of Product, the number of Team Members and the period for which you intend to Use the Product. In making payment, you acknowledge and agree that you are not relying on being able to use the Product beyond the Term of this EULA or on any future product enhancements or upgrades despite those updates of the Products which are supplied by ApiTree on a regular basis whereas ApiTree is not obliged to supply updates. If you add Team Members during the Term of this EULA, we will charge you for the increased number of Team Members at the then applicable rate for your variant of the Product. The same applies in cases of upgrading the Product which is possible at any time. Even a switch from monthly Plans to yearly Plans is possible at any time. Downgrades of the Product become effective after the end of the initial Subscription-period.
If fees cannot be collected (e.g. expired / blocked credit card) ApiTree is entitled to block the account until a payment settlement has taken place.
ApiTree's fees are inclusive VAT.
All subscriptions will automatically renew for periods equal to your initial Subscription Term (monthly or yearly) and you will be charged at the then-current rates unless you cancel your subscription through your ApiTree account. If you cancel, your subscription will terminate at the end of then-current billing cycle, or immediately if you so choose, however you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.

8. Restrictions

ApiTree has only licensed the Product to You and ApiTree does not sell the Product. As between ApiTree and you, ApiTree owns all right, title and interest in and to the Product, and any intellectual property rights associated with it and with ApiTree. ApiTree reserves all rights in and to the Product that it does not expressly grant You in this Agreement. You agree not to:

  • Use the Product for any illegal purpose or in a manner that it violates any law or rights of any other person;
  • Permit Use of the same Product in a manner not authorized by this EULA;
  • Disassemble, decompile, unlock, reverse engineer, or decode the Product in any manner or create any derivative works based of the Product;
  • Re-sell, grant any rights under this EULA to any third party or lease, time-share, lend or rent Products;
  • Copy any features, functions or user interfaces of the Products;
  • Introduce any malicious code, virus, malware, or any other material that disrupts, slows down or causes the Product to malfunction;
  • Upload or generate any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable.
  • Use the Product if you are under 16 years of age.

9. Additional Features

ApiTree shall from time to time release additional features of the Products. Use of these features may be subject to payment of fees and other terms as prescribed by ApiTree. To use such additional features in the Product, You are required to abide by such additional terms and pay fees, as applicable.

10. Interruption / impairment of accessibility

10.1. Adjustments, changes and additions to the Product as well as measures that serve the purpose of remedying the malfunction will only lead to a temporary interruption or impairment if this is absolutely necessary for technical reasons.

10.2. The monitoring of the basic functions takes place daily and the maintenance of the services is basically from Monday to Friday nine a.m. to 6 p.m. guaranteed.
ApiTree will promptly notify the user by e-mail of the maintenance work and perform it according to the technical conditions in the shortest possible time. Furthermore the User can inform himself about maintenance work and incidents under https://status.apitree.com.

10.3. The availability of each agreed Product is 97% annual average, including maintenance, but availability must not be affected or interrupted for more than two consecutive calendar days.

11. Warranty / Liability

11.1. ApiTree warrants the function - and the operational readiness of the product after the determination of this contract.

11.2. ApiTree reserves the right to block Content uploaded into, or generated by using the Product through Your Account, if such content is deemed an offense under applicable law or is discernably intended to assist in preparation for criminal acts.
ApiTree shall notify the customer of the suspension immediately, naming the reason. ApiTree lift the ban as soon as the suspicion is invalidated.
You shall indemnify and hold ApiTree harmless against all claims made by third parties based on infringements of their rights or based on violations of law arising due to offers and/or content uploaded into or generated by using the Product through Your Account. You shall also assume the legal costs of ApiTree's legal defense in this respect, including all court fees and lawyer fees.

11.3. Claims for damages against ApiTree are excluded regardless of the legal grounds, unless ApiTree, its legal representatives or vicarious agents have acted deliberately or through gross negligence. For slight negligence ApiTree is only liable if one of the essential contractual obligations has been breached by ApiTree, its legal representatives or executives or vicarious agents. However ApiTree is only liable for foreseeable damages which typically must be expected to occur; this up to an amount of 100 EUR in each case. Material contractual obligations are those obligations that give the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the customer may rely.

11.4. For the loss of data, ApiTree is only liable - with the above-mentioned stipulations - if such a loss could not have been avoided by adequate user data backup measures with reasonable effort.

11.5. ApiTree is liable without limitation for intentional or negligent damage caused by injury to life, limb or health by ApiTree, its legal representatives or vicarious agents.

12. Publicity Rights

We may identify You as an ApiTree customer in our promotional materials. You may request that we stop doing so by submitting an e-mail to sales@apitree.com at any time. Please note that it may take us up to 30 days to process your request.

13. Feedback

You may choose to or ApiTree may invite you to submit comments, bug reports, ideas or other feedback about the Products and services of ApiTree, including without limitation about how to improve the Products or ApiTree's services or Products ("Feedback"). By submitting any feedback You agree that ApiTree is free to use such feedback at its discretion and without any additional compensation to you, and/or to disclose such feedback to third parties on a non-confidential basis or otherwise. You hereby grant ApiTree a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your feedback for any purpose.

14. Right of Withdrawal

As a consumer You have in accordance with the rules described in the annex below a right of withdrawal.

15. Storage of the contract text

You will receive the contractual provisions together with information on the Products booked including this EULA and the information on the right of withdrawal by e-mail upon acceptance of the contract offer or together with the notification thereof. ApiTree does not store the contractual provisions for You.

16. General Terms

This EULA constitutes the whole legal agreement between You and ApiTree and governs your Use of the Product, and completely replaces any prior agreements between You and ApiTree in relation to the Product.
You must keep all information received by You from ApiTree in relation to the Product or otherwise, strictly confidential. You are not permitted to share those information with any third party without prior written permission of ApiTree.
You agree that if ApiTree does not exercise or enforce any legal right or remedy which is contained in this EULA (or which ApiTree has the benefit of under any applicable law), this will not be taken to be a formal waiver of ApiTree's rights and that those rights or remedies will still be available to ApiTree.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this EULA is invalid, then that provision shall be deemed removed from this EULA without affecting rest of this Agreement. The remaining provisions of this EULA will continue to be valid and enforceable.
The rights granted in this EULA may not be assigned or transferred by You without the prior written approval of ApiTree. You are not permitted to delegate Your responsibilities or obligations under this EULA without the prior written approval of ApiTree. ApiTree is entitled to assign, transfer or delegate any right, responsibility, duty or obligation under this EULA.
This EULA shall be governed by the laws of the state of Germany, without regard to any conflict of law provisions. You and ApiTree agree to submit to the exclusive jurisdiction of the courts in Berlin, to resolve any dispute arising out of this EULA.

EULA B2B (Business-to-Business)

Effective September 30, 2018

1. Introduction

This document is an End-User Licence Agreement ("EULA") between

you ("You" or "you") as a "Entrepreneur" ("Unternehmer")

in the sense of § 14 Bürgerliches Gesetzbuch (BGB) and

ApiTree GmbH ("ApiTree")
CEO Nils Friedrichs
Scharnhorststraße 24
10115 Berlin

and it governs your use of all versions of any ApiTree-Products (collectively "Product"). You are a "Entrepreneur" ("Unternehmer") within the meaning of § 14 of the German Civil Code (BGB) if You act in the conclusion of a contract for the use of the Products in the exercise of Your commercial or independent professional activity. If you are agreeing to this Agreement not as an individual but on behalf of your employer/company, then You means your employer/company, and you are binding your employer/company to this EULA.

2. Accepting the Agreement

By using the Product on any computer system, You agree to be bound by this EULA. ApiTree reserves the right to modify terms of this EULA at its discretion. If ApiTree makes any material changes to the EULA terms, it may notify you by e-mail or posting a notice on its website www.apitree.com ("Website").
You must be legally capable of entering in to a binding contract under the laws of the country and/or state to which You are subject to. If You are a non-individual such a company, the person entering in to this EULA must be duly authorized (by such non-individual entity) to enter in to it. If You are not legally capable of entering into a contract under the laws of country and/or state to which you are subject to, you cannot use the Product and you must uninstall the Product and cease its use immediately.
You must be a human being to enter into this EULA even if you intend to Use to the Product on an automated platform or other form of non-human Use. Any use of the Product by 'bots' or other automated tools or methods is not permitted under this EULA.
The Product is available in two variants – APITree for free and APITree subscriptions. This EULA is applicable to Your use of any and all variants of the Product subject to the condition that there are variant specific terms that are incorporated in to this EULA in subsequent sections. In the event of a conflict between the terms of this EULA and a variant specific section, the terms of the variant specific section will prevail to the specific extent set out in such variant specific section.

3. License Grant

Subject to the terms and conditions of this EULA and Your paying the applicable fees, ApiTree grants You a revocable, non-exclusive, non-transferable, non-sublicensable, license to use* the Product in accordance with the terms of this EULA. Except for the limited license set out in this EULA, ApiTree grants you no other license or right in the Product. Your license will end when this EULA is terminated even if there are terms to the contrary set out elsewhere in this Agreement or in other documentation entered into between ApiTree and you.

*Use, Using or Used means to directly or indirectly activate the processing capabilities of the Product, load, execute, access, utilize, store, employ the Product, or display information resulting from such capabilities including uploading any Content** or generating any Content by utilizing its capabilities. User means anyone Using the Product.
**Content means any data, code, content, images or other materials of any type that you upload, process, submit or otherwise transmit through the Product.

4. Proprietary Rights and Non-exclusivity

You acknowledge and agree that ApiTree owns all legal rights, titles and interests in the Product including but not limited to any ideas, concepts, inventions, systems, platforms, interfaces, tools, utilities, user interface, algorithms, logic, formulae, scripts, work flows, processes, software, methodologies, databases know-how, trade secrets and other technology and information including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist.
This EULA is a non-exclusive arrangement. There is no prohibition or restriction on ApiTree to provide same or similar rights as set out in this EULA to any other person.

5. Software Terms

5.1 Number of Instances

APITree is an online platform available through websites on the internet (including www.apitree.com, hub.apitree.com, api.apitree.com). It requires a browser (with JavaScript enabled) and an internet connection. The websites are optimized for desktop browsers.
Any versions of the product require an ApiTree account (section 5.2).

5.2 ApiTree account

ApiTree products allow You to create an Individual Account (referred to as an Account in this EULA). The information you provide to ApiTree when you create an Account must be accurate, complete, current, and in order with the applicable law. ApiTree reserves the right to change a username if the selected username violates rights of third parties. You also have the obligation to keep your Account information accurate, complete and current at all times. If any of the information you submitted to ApiTree at the time of account creation changes, you must promptly update the same.
A user account is assigned by default to the free plan (free of charge) "Free". After successful registration, a message confirming the e-mail address will be sent to the e-mail address registered at registration. Without confirmation, not all features of APITree can be used. The user name chosen by the user cannot be changed at this time.
You are neither allowed to create more than one ApiTree account nor to share your ApiTree account with other persons.
You must keep your account access credentials safe and secure. You are responsible for all actions taken through your accounts. You are required to promptly inform ApiTree and modify your account login credentials or those of a permitted user if such login credentials are compromised and/or misused/likely to be misused by a third party to improperly access the Product through your account.
Your ApiTree account can be deleted by You again without giving reasons at any time. For the deletion it is necessary to enter your username and / or e-mail address for verification.

5.3. APITree Organizations

APITree organizations enable the specification of APIs in a team and provide enterprise functionalities such as the automated testing of APIs. To create an organization, an ApiTree account (5.2) is required. The person creating / establishing the organization is automatically the owner of the organization. As an owner, you have complete access to all the functions of an organization. By default, an organization is assigned the free "Free" plan. To create teams or add other members of the organization, you must switch to a paid "Team" or "Enterprise" plan.

5.4. APITree Teams

The versions "Team" and "Enterprise" of the APITree Product may support working collaboratively in Teams.
The individual who will be responsible for the establishment and management of your Team is referred to as Team Owner (Administrator). Once Your Team Owner has created your Team, she/he can invite other individuals to Use the Product through the "invite" feature in the Product (each a "Team Member"). The Team Owner will be required to provide the name, e-mail address, employer name (if applicable) and any other information required by ApiTree for each Team Member.
Each individual Team Member will be required to follow the instructions set out in the Team Administrator's invitation to complete their registration as a Team Member and be able to Use the Product.

Two different cases may occur:
a) The invited person already has an ApiTree account. In this case, the person can be added to the organization through their username.
b) The invited person does not yet have an ApiTree account. The Team Owner can send an invitation by entering an e-mail address. To join the organization, the person must first create a personal account and ApiTree offers the user the opportunity to join the Team.

In principle, the person can accept or reject the invitation of a Team Owner.
The Team Owner shall at all times have the right to add or remove Team Members from your Team in case the "Team"- or "Enterprise"-Plan is active.
The Team Owner shall be entitled to designate more than one Team Member as Team Owner (Administrator). Upon such designation, each new Owner will be able to do everything that any other Team Owner is permitted to do by the Product and this EULA.
You must not exceed the number of licensed users allowing any form of time sharing use or by permitting more than one individual to use the same set of Team Member login credentials or any other arrangement which bypasses or defeats APITree's system controls designed to enforce team size limits.

5.5 The APITree API

Your Account data as well as the API-specifications created by you may be accessible via an API (Application Programming Interface). Any use of the API, including use of the API through a third-party product that accesses the Account, the Product or the Website is bound by the terms set out in this EULA and the following specific terms:
a) Abuse or excessively frequent requests to the Account, the Product or the Website via the API may result in the temporary or permanent suspension of your access to the API. ApiTree, in its sole discretion, will determine abuse or excessive usage of the API. ApiTree will make a reasonable attempt via e-mail to communicate the Team Administrator prior to suspension.
b) ApiTree reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
c) You expressly understand and agree that ApiTree shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ApiTree has been advised of the possibility of such damages), resulting from access data via the API, as far as feasible by the applicable law.

6. Ownership and Sharing of Content

6.1 You guarantee to own all of the rights and title in the Content that you upload into, or generate by Using, the Product. Therefore, You are solely responsible for any Content uploaded into or generated by Using the Product through your Account. Your Content must not violate any applicable law or any right (including intellectual property right) of any person.

6.2 Any content uploaded into or generated by Using the Product through your Account will be stored in the cloud (e.g. Amazon AWS). This storage functionality is provided to you on an "as-is where-is basis" and ApiTree does not take any responsibility for the security of such Content as far as feasible under the applicant laws. You will be deemed to have accepted all the conditions in this EULA relating to such functionality.
Your Use of the Product does not require any personally identifiable information to be uploaded into or included in the Product except to the extent set forth in this paragraph. You hereby permit ApiTree to collect, use, store and process e-mail address(es), IP addresses from which you access the Product and other login or authentication credentials from both your Team Members and you in order to ensure that your Team and you have proper access to the Product and to resolve any issues you may encounter while Using the Product. This information may be considered personal information/personally identifiable information under the laws of the jurisdiction from which you access and Use the Product. ApiTree shall collect, use, store and/or process this information only for the purposes listed out above or to contact you with information about ApiTree and its offerings. Upon termination of this EULA, any information provided by You for creation of your Account will be deleted by ApiTree from their records within a reasonable period of time following such termination.
ApiTree maintains a record of usage of the Product by the Users to collect, store, analyze and use any data relating to their Use of the Product. To this end, ApiTree shall record the number, type, frequency or other patterns regarding type and manner of Use of the Product by its Users. You acknowledge and agree to this right of ApiTree. You agree that ApiTree retains all legal rights, title and interest in any such record, report or analysis generated by ApiTree under this Section 6. You further agree that ApiTree may use the aggregated data relating to Use of the Product by all its Users for improving the efficiency or adoption and usage of the Product. For the avoidance of doubt, ApiTree will not access your Content as part of its monitoring of the use and functioning of the Product.

7. Fees and Taxes

Your use of the Product is subject to your paying ApiTree the fees applicable to the Product variant you are using. You also acknowledge and agree that different variants of the Product provide you with access to different sets of features in the Product as well as differential levels of permitted usage within the same feature. You can view the fees and the features made available for each variant at https://www.apitree.com/pricing
All fees are denominated in Euros and shall be payable in accordance with the payment terms applicable and mentioned at the time of purchase. The amount of fees payable by you shall vary depending upon variant of Product, the number of Team Members and the period for which you intend to Use the Product. In making payment, you acknowledge and agree that you are not relying on being able to use the Product beyond the Term of this EULA or on any future product enhancements or upgrades despite those updates of the Products which are supplied by ApiTree on a regular basis whereas ApiTree is not obliged to supply updates. If you add Team Members during the Term of this EULA, we will charge you for the increased number of Team Members at the then applicable rate for your variant of the Product. The same applies in cases of upgrading the Product which is possible at any time. Even a switch from monthly Plans to yearly Plans is possible at any time. Downgrades of the Product become effective after the end of the initial Subscription-period.
ApiTrees fees are inclusive VAT. If you have obtained an exemption from the payment of such taxes or levies and you provide such information to ApiTree, ApiTree will take reasonable efforts to provide you with such invoicing documents as may enable you to obtain a refund or credit for the amount of taxes so paid from any relevant revenue authority, if such a refund or credit is available.
All subscriptions will automatically renew for periods equal to your initial Subscription Term (monthly or yearly) and you will be charged at the then-current rates unless you cancel your subscription through your ApiTree account. If you cancel, your subscription will terminate at the end of then-current billing cycle, or immediately if you so choose, however you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.
If fees can not be collected (e.g. expired / blocked credit card) ApiTree is entitled to block the account until a payment settlement has taken place.

8. Restrictions

ApiTree has only licensed the Product to You and ApiTree does not sell the Product. As between ApiTree and you, ApiTree owns all right, title and interest in and to the Product, and any intellectual property rights associated with it and with ApiTree. ApiTree reserves all rights in and to the Product that it does not expressly grant You in this Agreement. You agree not to:

  • Use the Product for any illegal purpose or in a manner that it violates any law or rights of any other person;
  • Permit Use of the same Product in a manner not authorized by this EULA;
  • Disassemble, decompile, unlock, reverse engineer, or decode the Product in any manner or create any derivative works based of the Product;
  • Re-sell, grant any rights under this EULA to any third party or lease, time-share, lend or rent Products;
  • Copy any features, functions or user interfaces of the Products;
  • Introduce any malicious code, virus, malware, or any other material that disrupts, slows down or causes the Product to malfunction;
  • Upload or generate any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable.
  • Use the Product if you are under 16 years of age.

9. Additional Features

ApiTree shall from time to time release additional features of the Products. Use of these features may be subject to payment of fees and other terms as prescribed by ApiTree. To use such additional features in the Product, You are required to abide by such additional terms and pay fees, as applicable.

10. Interruption / impairment of accessibility

10.1. Adjustments, changes and additions to the Product as well as measures that serve the purpose of remedying the malfunction will only lead to a temporary interruption or impairment if this is absolutely necessary for technical reasons.

10.2. The monitoring of the basic functions takes place daily and the maintenance of the services is basically from Monday to Friday nine a.m. to 6 p.m. guaranteed.
ApiTree will promptly notify the user by e-mail of the maintenance work and perform it according to the technical conditions in the shortest possible time. Furthermore the User can inform himself about maintenance work and incidents under https://status.apitree.com.

10.3. The availability of each agreed Product is 97% annual average, including maintenance, but availability must not be affected or interrupted for more than two consecutive calendar days.

11. Warranty / Liability

11.1. ApiTree warrants the function - and the operational readiness of the product after the determination of this contract.

11.2. ApiTree reserves the right to block Content uploaded into, or generated by using the Product through Your Account, if such content is deemed an offense under applicable law or is discernably intended to assist in preparation for criminal acts.
ApiTree shall notify the customer of the suspension immediately, naming the reason. ApiTree lift the ban as soon as the suspicion is invalidated.
You shall indemnify and hold ApiTree harmless against all claims made by third parties based on infringements of their rights or based on violations of law arising due to offers and/or content uploaded into or generated by using the Product through Your Account. You shall also assume the legal costs of ApiTree's legal defense in this respect, including all court fees and lawyer fees.

11.3. Claims for damages against ApiTree are excluded regardless of the legal grounds, unless ApiTree, its legal representatives or vicarious agents have acted deliberately or through gross negligence. For slight negligence ApiTree is only liable if one of the essential contractual obligations has been breached by ApiTree, its legal representatives or executives or vicarious agents. However ApiTree is only liable for foreseeable damages which typically must be expected to occur; this up to an amount of 100 EUR in each case. Material contractual obligations are those obligations that give the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the customer may rely.

11.4. For the loss of data, ApiTree is only liable - with the above-mentioned stipulations - if such a loss could not have been avoided by adequate user data backup measures with reasonable effort.

11.5. ApiTree is liable without limitation for intentional or negligent damage caused by injury to life, limb or health by ApiTree, its legal representatives or vicarious agents.

12. Publicity Rights

We may identify You as an ApiTree customer in our promotional materials. You may request that we stop doing so by submitting an e-mail to sales@apitree.com at any time. Please note that it may take us up to 30 days to process your request.

13. Feedback

You may choose to or ApiTree may invite you to submit comments, bug reports, ideas or other feedback about the Products and services of ApiTree, including without limitation about how to improve the Products or ApiTree's services or Products ("Feedback"). By submitting any feedback You agree that ApiTree is free to use such feedback at its discretion and without any additional compensation to you, and/or to disclose such feedback to third parties on a non-confidential basis or otherwise. You hereby grant ApiTree a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your feedback for any purpose.

14. Storage of the contract text

You will receive the contractual provisions together with information on the Products booked including this EULA by e-mail upon acceptance of the contract offer or together with the notification thereof. ApiTree does not store the contractual provisions for You.

15. General Terms

This EULA constitutes the whole legal agreement between You and ApiTree and governs your Use of the Product, and completely replaces any prior agreements between You and ApiTree in relation to the Product.
You must keep all information received by You from ApiTree in relation to the Product or otherwise, strictly confidential. You are not permitted to share those information with any third party without prior written permission of ApiTree.
You agree that if ApiTree does not exercise or enforce any legal right or remedy which is contained in this EULA (or which ApiTree has the benefit of under any applicable law), this will not be taken to be a formal waiver of ApiTree's rights and that those rights or remedies will still be available to ApiTree.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this EULA is invalid, then that provision shall be deemed removed from this EULA without affecting rest of this Agreement. The remaining provisions of this EULA will continue to be valid and enforceable.
The rights granted in this EULA may not be assigned or transferred by You without the prior written approval of ApiTree. You are not permitted to delegate Your responsibilities or obligations under this EULA without the prior written approval of ApiTree. ApiTree is entitled to assign, transfer or delegate any right, responsibility, duty or obligation under this EULA.
This EULA shall be governed by the laws of the state of Germany, without regard to any conflict of law provisions. You and ApiTree agree to submit to the exclusive jurisdiction of the courts in Berlin, to resolve any dispute arising out of this EULA.