PetHub API Terms of Use
Updated February 21, 2022
These terms of service (“API Terms”) govern your access to and use of the PetHub Application Programming Interface (“API”), API and the accompanying documentation. The data provided through these APIs are pulled from PetHub.com (“Source Website”). PetHub is willing to grant you access to the API subject to and in accordance with these API Terms. In addition to these API Terms, your access and use of the Source Website is governed by the PetHub Terms of Use and privacy policy, as updated from time to time. Data accessible through the API (“User Data”) is provided with explicit, revocable permission by the PetHub user (“End User”).
- License to API. Subject to the terms and conditions herein, which include, without limitation, Your compliance with the Brand Guidelines provided by PetHub, PetHub grants You a nonexclusive, revocable, non-assignable, non-sub-licensable right to access and use the APIs solely for purposes of developing, implementing, and integrating your application into PetHub.com to positively enhance the PetHub End User experience. For the avoidance of doubt, as set forth in Section 3(a) below, You do not have the right to resell, sublicense or otherwise share the User Data or any other content obtained from the Source Website with a service or product other than Your Service (including, but not limited to, a service operated by You on a “white label” basis). We reserve the right to revoke access to the PetHub API, Source Website, End User and User Data at any time for any reason or no reason immediately without notice.
(a) Support. PetHub will make support services for the API available through the PetHub Developer Network (“Developer Network”) website (developer.PetHub.com). You are responsible for providing all support and/or technical assistance to Your end users regarding the use of Your Service (including any issues related to the the User Data). PetHub will not provide support and/or technical assistance directly to Your end users.
(b) Updates. You acknowledge that PetHub may update or revise the API, Source Website and user Data from time to time, and that such updates and revisions may adversely affect the manner in which Your Service accesses or communicates with the Source Website and API. Accordingly, You agree to implement and use the most current version of the API and to make any changes to Your Service that are required as a result of PetHub’s updates and revisions to the API, at Your sole cost and expense. PetHub will attempt to provide You with as much advance notice as possible of any revisions to the API that are not backward compatible or remove significant functionality by posting such notice on the Developer Network and/or by otherwise informing You, unless circumstances require PetHub to make an immediate change.
(c) Registration. To access the API, You must provide registration details. It is a condition of use thereof that all the details You provide be true, accurate, correct, current, and complete. If we believe the details are not true, accurate, correct, current and complete, we have the right to refuse You access to the API, or any of the related resources, and to terminate or suspend Your account. PetHub may also require You to manage Your use and access to the API through the use of a third party platform (a “Third Party Tool”). Any such Third Party Tool is not controlled by PetHub. Accordingly, PetHub makes no warranties regarding such Third Party Tool and will not be liable for any loss or damage caused by Your use or reliance on such Third Party Tool. Your use of the Third Party Tool is at Your own risk. Your use of a Third Party Tool is subject to and governed by the agreements and policies related to Your use of the Third Party Tool that may be required by the provider of such Third Party Tool.
(d) No Aggregation. You will not aggregate the User Data with any other User Data to create a comprehensive service for managing User Data. - User Data. With respect to User Data that may be displayed, You will not modify the User Data except You may format it for display on Your Service, subject to the Brand Guidelines. For each proposed use of the User Data, You shall not publicly display the User Data without the prior written approval from PetHub of the format of such User Data as integrated into Your Service. If modifications are required by PetHub, You will have ten (10) business days from the date of notification by PetHub to make necessary changes. Every six months, PetHub may request that You provide screen grabs and/or links to pages that feature User Data, and You agree that You shall do so within ten (10) business days of receipt of such request.
(a) Updates. You must maintain and make the most current User Data available on Your Service. The availability of User Data is subject to change and PetHub may restrict access to, modify, suspend or terminate any or all of the User Data or the API, generally or with respect to one or more recipients thereof, at any time, for any reason (including failure to comply with these API Terms) or no reason, and possibly without prior notice.
(b) Attribution. You will include and display “Powered by PetHub” where User Data is displayed or used with Your Service, as required by these API Terms, the Brand Guidelines, or otherwise requested by PetHub. You will comply with all terms contained in the Brand Guidelines.
(c) Quality Control. You undertake to maintain PetHub’s high quality standards in Your use of User Data and Licensed Marks. - Restrictions. Your right to access and use the API, Licensed Marks and User Data is contingent upon Your compliance with the following terms and conditions, and You shall not use any of the foregoing for any purpose not expressly permitted in these API Terms.
(a) No Resell. You do not have the right to resell, sublicense or otherwise share the PetHub Property with a service other than Your Service. For the avoidance of doubt, You are prohibited from sublicensing or otherwise sharing the PetHub Property with others through a service operated by You on a “white label” basis. In addition, except as permitted herein (and unless You have been specifically permitted to do otherwise by PetHub in writing), You shall not (and You shall not permit anyone else to): (i) sell or otherwise charge users for access or use of PetHub Property; (ii) create any derivative works based upon PetHub Property; (iii) copy any of the PetHub Property and/or extract any data from it; (iv) remove, alter or obscure any copyright or other proprietary notice; or, (v) make use of PetHub Property in connection with any application or service not a pet data management application or service.
(b) No Conflicting Uses. You shall not use the API to develop (or instruct any third party to develop) a service that may reasonably be deemed to be directly competitive with PetHub’s products and services. You shall not use the API, the Licensed Marks or any words, symbols or logos that are similar to the Licensed Marks in any way that conflicts with the terms of these API Terms or that may confuse end users as to the ownership of the Licensed Marks or User Data, including but not limited to use in metadata and URLs.
(c) No Benchmarking. You shall not use or access the API for purposes of monitoring the availability, performance or functionality of any of PetHub’s products and services or for any other benchmarking or competitive purposes.
(d) Compliance. You acknowledge and agree that PetHub shall be entitled to monitor Your access and use of the PetHub Property. You shall not interfere with such monitoring or in any way attempt to conceal Your activities hereunder. You agree to and will make available to PetHub any data, usage statistics or other information (in the aggregate) regarding Your access and use of the PetHub Property as reasonably and regularly requested by PetHub to help confirm that such use meets our compliance requirements and quality control standards.
(e) No Interference. You shall not (or attempt to) interfere with, disrupt or disable any feature or functionality that is embedded or included with the PetHub Property. Except as expressly specified in these API Terms, You shall not: (i) interfere with or disrupt the API, circumvent the rate limits on use of the API, or attempt to gain access to any systems or networks that connect thereto (except as required to access and use the API); (ii) use the PetHub Property to replicate, frame or mirror the web site; (iii) transfer, sublicense, lease, lend, distribute or otherwise make available the PetHub Property to any third party; or (iv) use the PetHub Property in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these API Terms.
(f) Security. Any usernames and passwords used for the API are for Your use only. You shall be responsible for the security of Your username and password (if any). PetHub shall be entitled to monitor Your username and password and, at its discretion, require You to change it. If You use a username and password that PetHub considers insecure, PetHub will be entitled to require this to be changed and/or terminate Your account. You are prohibited from using any services or facilities provided in connection with the API to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, PetHub reserves the right to release Your details to system administrators at other sites as well as to local, national and international law enforcement, in order to assist them in resolving security incidents.
(g) Local Regulations. The PetHub Property is intended for use in the United States. Your display or use of PetHub Property outside of this territory must be pre-approved by PetHub. PetHub makes no representation that the PetHub Property is appropriate for use outside the United States. If You choose to access, use or display the PetHub Property from or in other locations You do so on Your own initiative and at Your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which You reside.
(h) You shall not (and shall not allow Your affiliates to) sell any advertising as part of a display against the User Data, or sell any advertising based on any user data provided by PetHub. PetHub has the sole right to sell or license any and all advertising and promotional rights with respect to the PetHub Property, and PetHub will be entitled to retain any and all revenue generated from any sales or licenses of such advertising or promotional rights.
(i) PetHub Rules. You must remove within in a reasonable time and not archive or display any User Data that has been removed by PetHub or the user that created the User Data. You cannot use User Data: (1) To impersonate others or to mislead, confuse or deceive others; (2) To promote obscene and/or pornographic materials; (3) To promote violence, hate, discrimination or any illegal activities; (4) To be libelous, defamatory (or false light), or misrepresentative of others; (5) To offer or disseminate any fraudulent, illicit or misleading goods or services; (6) To be used in a manner that reflects unfavorably on PetHub, its products, services or users; (7) To violate the privacy, publicity, moral or any other proprietary right of others; or (8) To be harmful to PetHub’s or any third party’s systems and networks.
(j) You will use the User Data in a way that will allow for the removal and deletion of all User Data at the expiration or termination of these API Terms, and will not permanently capture any User Data to physical media or storage. - Termination. You may terminate Your access to the API and/or use of any PetHub Property at any time. PetHub may immediately suspend and/or terminate Your access to the PetHub Property at any time, if You breach any term or condition in these API Terms. PetHub may also terminate Your rights hereunder for any reason or no reason immediately without notice. PetHub will not be liable for any costs, expenses, or damages as a result of its termination of Your rights hereunder. Upon termination, You will promptly cease accessing and using the PetHub Property and will remove all PetHub Property and all copies and portions thereof, in all forms and types of media from Your Service and any media, computers or servers under Your control. PetHub shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of the PetHub Property. Termination, suspension, or cancellation of the PetHub Property or Your access rights shall not affect any right or relief to which PetHub may be entitled, at law or in equity, and all rights granted to You will automatically terminate and immediately revert to PetHub.
- API Key; Third Party Tool. Should PetHub approve Your Service, You may be issued an electronic key to access the API that is uniquely assigned to each publisher (each, an “API Key”). You shall not share any API Key with any third party. PetHub may block any requests with an invalid API Key or URL/app/service not specified as an approved service. You are solely responsible for maintaining the confidentiality of the API Key, and for all activities that occur using the API Key. Your access to the API may be conditioned on your opening an account on the PetHub Developer Network or with a Third Party Tool, or any other successor service designated by PetHub.
- Ownership. You expressly acknowledge that PetHub and its licensors own all worldwide right, title and interest in and to the PetHub Property, including all intellectual property rights therein. You agree not to do anything inconsistent with such ownership. All use of the API and User Data, and all goodwill arising out of such use, inure to PetHub’s and its End Users’ benefit. Any and all rights not specifically granted herein to You are reserved by PetHub.
- Confidential Information. You may be given access to certain non-public information, software and/or specifications relating to the PetHub Property (“Confidential Information”), which is confidential and proprietary to PetHub. You may use this Confidential Information only as necessary in exercising Your rights granted in these API Terms. You may not disclose any of this Confidential Information to any third party without PetHub’s prior written consent. You agree that You will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that You would use to protect Your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care. This provision shall survive termination of these API Terms.
- Disclaimer. You assume all responsibility and risk of use of the PetHub Property. YOUR USE OF THE PETHUB PROPERTY IS AT YOUR OWN RISK. THE PETHUB PROPERTY AND ALL RELATED MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PETHUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PETHUB DOES NOT WARRANT THAT THE PETHUB PROPERTY WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PETHUB PROPERTY OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PETHUB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PETHUB PROPERTY OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT RELATED THERETO IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. PETHUB MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE PETHUB PROPERTY WILL NOT INFRINGE THE RIGHTS OF OTHERS AND PETHUB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. This provision shall survive termination of these API Terms.
- Indemnification. You will indemnify and hold harmless PetHub, its affiliates, representatives, agents and licensors (the “PetHub Parties”), and at PetHub's option defend the PetHub Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the PetHub Parties arising out of or in connection with (i) Your use of the Licensed Content, the API or the Licensed Marks; (ii) Your breach or alleged breach of any of the terms, restrictions, obligations or representations under these API Terms; or (iii) Your Service. If You are obligated to indemnify any of the PetHub Parties, PetHub may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at Your sole cost and expense. Without limitation of the foregoing, You will not settle, compromise or in any other manner dispose of any Claim without the written consent of PetHub. This provision shall survive termination of these API Terms.
- Limitation of Liability. PETHUB DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE PETHUB PROPERTY, OR THE RELATED MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF PETHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT PETHUB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE API TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ANY CASE, PETHUB’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE API TERMS SHALL NOT EXCEED $500. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. This provision shall survive termination of these API Terms.
- Updates. PetHub may modify any of these API Terms and/or the Brand Guidelines at any time and in its sole discretion, by posting such updated API Terms and/or the Brand Guidelines on the Source Website, or by otherwise informing You. If any change is unacceptable to You, Your sole recourse is to terminate Your use of the API. Your continued access and/or use of the API and/or Your continued access and/or use of any Licensed Content following such notice will constitute Your acceptance of the change. If you have a signed agreement with PetHub that references a previous version of these API Terms (the “Previous Terms”), the Previous Terms, as amended by your signed agreement with PetHub, continue to govern your use of the PetHub Property.
- No Publicity. You shall not issue any press release, announcement or otherwise make any public statement with respect to PetHub or the PetHub Property without the prior written consent of PetHub (except as may be required by applicable law in order to satisfy a mandatory regulatory obligation). If You are required to make any public statement regarding the PetHub Property by applicable law, You shall consult in advance with PetHub regarding the form and substance of such announcement or statement.
- General. These API Terms constitute the entire agreement between You and PetHub with respect to the subject matter hereof and supersedes and merges any prior proposals, understandings and contemporaneous communications. You may not assign any of the rights or obligations granted hereunder, and any attempted assignment in violation of this paragraph is void. These API Terms are binding upon and shall inure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. These API Terms do not create or imply any partnership, agency or joint venture. These API Terms shall be governed by, construed and enforced in accordance with the laws of the State of Washington, as they are applied to agreements entered into and to be performed entirely within Washington. Any dispute of any kind between You and PetHub arising under these API Terms shall be resolved by binding arbitration in Wenatchee, Washington. The arbitrator shall be a retired judge or justice of any Washington state or federal court with substantial experience in the software industry and shall follow Washington law in adjudicating the dispute.
Subject to the arbitration provision above, any action or proceeding arising from, relating to or in connection with these API Terms will be brought exclusively in the federal or state courts located in Seattle, Washington, and You irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that You will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
No failure or delay by PetHub in exercising any right, power or privilege under these API Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these API Terms.
If any provision of these API Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions.
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