The following terms (“API Terms”) govern your access to and use of the application program interfaces (the “Volo API”) and related materials in the Developers area of our website (the “Developer Site”), which are made available and provided by Volo Commerce Ltd. (“Volo Commerce”), to access aspects of Volo Commerce platform data (the “Volo Platform”), Volo services (“Volo Services”) and Volo content (“Volo Content”). In accordance with these API Terms, you may use the Volo Services and Volo Platform in connection with the applications and services you provide (your “Service”). Volo Commerce is willing to grant the rights and licenses below to you, subject to and in accordance with these API Terms. By accessing and using the Volo API, you are consenting to be bound by these API Terms.
Subject to your compliance with these API Terms, Volo Commerce grants you a non-exclusive, non-transferable license to use the Volo API to develop, implement, and integrate interfaces to the Volo Platform, which permit your Service to utilise the Volo Platform and display Volo Content through your Service, based on the functionality we make available.
Subject to your compliance with these API Terms, Volo Commerce grants you a non-exclusive, non-transferable license to reproduce, distribute, transmit, publicly display and publicly perform the Volo Content made available through the Volo API, solely on and through your Service and to modify the Volo Content in order to format it for and display it on your Service.
Your license to access and use the Volo Services, Volo API and Volo Content is conditional on your compliance with the following terms and conditions:
You may terminate your API licenses at any time by ceasing your access to the Volo API. Volo Commerce may immediately suspend your access to the Volo API, Volo Content and/or use of the Volo Services, if applicable (or if necessary, terminate your licenses) at any time, and without notice to you. Volo Commerce may also terminate any licenses hereunder for any reason with thirty (30) days’ notice (including by email) to you. Volo Commerce will not be liable for any costs, expenses, or damages as a result of its termination of your licenses. Upon termination, you will promptly cease accessing and using the Volo API, Volo Content and the Volo Services with your Service.
You acknowledge that Volo Commerce and its licensors own all worldwide right, title and interest in and to the Volo API, Volo Services, Volo Content and Volo Logo, including all intellectual property rights therein. You agree not to do anything inconsistent with such ownership. All use of the Volo Logo, and all goodwill arising out of such use, inures to Volo Commerce’s benefit. Any and all rights not specifically granted herein to you are reserved by Volo Commerce. You may provide Volo Commerce with comments, suggestions, or feedback regarding the Volo API and/or the Volo Services (“Feedback”), provided that you agree that Volo Commerce will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. Further, you acknowledge and agree that Volo Commerce may currently or in the future be developing information and materials internally, or receiving information and materials from other parties, that are similar to your Feedback or Service. Nothing in these API Terms will be construed as a representation or agreement that we will not develop or have developed, distribute, market or promote applications, services, products or concepts that are similar to and/or compete with the applications, services, products or concepts contemplated by or embodied in any Feedback or your Service.
You may be given access to certain non-public information, software and/or specifications relating to the Volo API or the Volo Services (“Confidential Information”), which is confidential and proprietary to Volo Commerce. 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 Volo Commerce’s prior written consent. You agree that you will protect this Confidential Information from unauthorised 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.
You assume all responsibility and risk of use of the Volo API, Volo Content, Volo Services and Volo Logo. The Volo API, Volo Content, Volo Services and Volo Logo are provided “as is” on an “as available” basis without warranty or condition of any kind. Volo Commerce disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranties or conditions arising out of course of dealing or usage of trade. Volo Commerce is not responsible or liable (and makes no representation or warranty) for the accuracy, content, completeness, legality, reliability, or availability of the Volo API, Volo Content or Volo Services.
You represent and warrant that you have the necessary power and authority to enter into this Agreement (if you are agreeing to these API Terms on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these API Terms) and that you will comply with the terms and conditions of these API Terms. You will indemnify, defend (or settle) and hold Volo Commerce harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs and expenses (including reasonable legal fees) brought by a third party arising out of or in connection with your breach of these API Terms.
In no event will Volo Commerce be liable for any special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with these API Terms, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or Volo Commerce is expressly advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if any limited remedy specified in these API Terms is found to have failed its essential purpose.
Volo Commerce may modify any of these API Terms, at any time and in its sole discretion, by posting notice on the Developer Site or by otherwise notifying you. If any change is unacceptable to you, your recourse is to terminate your license. Your continued access and/or use of the Volo API and/or your continued access and/or use of the Volo Services following such notice will constitute your acceptance of the change.
You agree that these Terms and Conditions shall be exclusively governed in accordance with the laws of and the courts in England and Wales.
