TERMS OF SERVICE
Modified and Effective on December 21, 2022
END-USER LICENSE AGREEMENT FOR ZYLA, a product of Klazify Inc.
This license agreement applies to http://www.zylalabs.com/.
ZYLA is a marketplace/HUB of APIs that connect API Providers with API Consumers to sell APIs listed.
IMPORTANT – READ CAREFULLY
Please read the following license agreement. You must agree to its terms before signing up, using, running or subscribing to ZYLA. This end-user license agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and ZYLA which includes computer software, web, and mobile application, electronic documentation, and printed materials. This agreement also includes any updates and supplements to the original version provided of ZYLA. By signing up or accessing ZYLA, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this EULA, do not sign up, subscribe, access, integrate, run, or otherwise use ZYLA. ZYLA is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
API Providers are those who offer their APIs on the ZYLA marketplace/HUB so that other API Consumers can subscribe.
API Providers offer their APIs on ZYLA in a subscription format.
The API Providers are responsible for guaranteeing the correct functioning of the APIs listed in ZYLA.
API Consumers are those who subscribe to APIs and use them for different purposes. By signing up for free they can test any API and then decide whether to sign up for a paid plan.
ZYLA AND THE SERVICE
ZYLA offers the marketplace/HUB to connect API Providers with API Consumers.
The ZYLA website offers the possibility for API Providers to offer their APIs and set a price for the different plans.
API Consumers subscribe to and use the APIs.
ZYLA offers the collection system and offers a first level API Consumer support.
ZYLA's QA team reviews all APIs uploaded by API Providers to ensure their quality and that the descriptions are correct.
However, ZYLA is not responsible for the quality of the APIs offered on its marketplace.
API Providers and API Consumers must register with ZYLA by completing the registration forms in order to use the Service. You agree to (a) provide true, correct, up-to-date, and comprehensive information as may be prompted by the registration forms, (b) guard the confidentiality of your ZYLA account password, (c) maintain and promptly update the registration data and any other information you provide to ZYLA to keep it true, correct, up-to-date, and comprehensive, and (d) accept all risks of unauthorized access to the registration data and any other information you provide to ZYLA and (e) by signing up recognize to accept this Terms & Conditions and all future amendments.
RIGHTS AND RELATIONSHIP BETWEEN API PROVIDERS AND API CONSUMERS
The rules and conditions governing APIs (including their use) are between API Providers and API Consumers; ZYLA only offers the marketplace/HUB.
The terms and conditions governing the use of and other rights in relation to such API are solely between each API Consumer and such API Provider, and not with ZYLA, as acknowledged and agreed by API Providers and API Consumers. The functioning of the API, 2nd level support, and all claims relating to the API are the responsibility of each API Provider (for example, product liability, API response accuracy, time response, legal compliance, or intellectual property infringement).
ZYLA reserved the right, but not the obligation, to review, remove, filter, or keep track of any links to any API or any API Content/Term (as defined below), at any time and for any reason without prior notice. The removal of any API or any API Content/Term by ZYLA at its sole discretion is acknowledged and accepted by API Providers and API Consumers.
API PROVIDER GRANTS AND OBLIGATIONS
API Providers can offer their APIs through the marketplace/HUB by completing the API listing form.
To list an API, API providers must set an API Name, a logo, a short description, a long description, the query URL, define the method type, input parameters, pricing for each of the plans, define any additional charges and any other applicable terms and conditions.
The API Provider hereby authorizes ZYLA to use the Service to promote its APIs and the API Content/Terms offered by the API Provider. Additionally, the API Provider agrees to ZYLA using its name and, where appropriate, the API Provider's company name and logo to identify the API Provider (and, where appropriate, the API Provider's company) as a member of the ZYLA API network on the Site, on social media, in newsletters, and in any other media that ZYLA consider.
The API Provider is responsible for monitoring and enforcing the terms and conditions applicable to each API to which it grants an API Consumer access. The API Provider recognises and accepts that ZYLA shall not be liable for any real or alleged violation of the rules governing the usage of the APIs by the API Consumer (or any damages arising out of or in connection with such actual breach or presumed).
The API Provider represents and warrants that (a) all representations and warranties made by the API Provider with respect to the APIs it lists through the Service are true and accurate; and (b) owns (or has all rights to) market, promote, offer to sell, sell, grant access to, and distribute the APIs that you list through the Service and all API Content/Terms posted on the Service.
If ZYLA gives a Provider of API contact information from an API Consumer, that Provider of API may use that information solely to provide the API of the Provider of API to the API Consumer in relation to the Service. In no event shall the API Provider elude the billing, management, market, or service of ZYLA, and/or use any information obtained through ZYLA, the service, or the website (including, among other things, the API Provider's customers' email addresses or other contract information) for any purpose other than that expressly permitted in these Terms.
For example, API Providers may not use any API Consumer contact information to solicit API Consumers or other users to leave the Service or subscribe APIs directly through API Providers.
RIGHT TO CHANGE CONTENT OF FORMAT IN APIS
API providers will do their best not to affect any functionality of the existing APIs. In the case of adding functionalities, they must do so by adding new endpoints.
If for some reason of force majeure it is impossible to maintain the functionality of an API or any of its endpoints, the API Provider will make its best efforts to communicate this to ZYLA as soon as possible. ZYLA will communicate the changes as soon as possible to the API Consumers of the API.
The API Providers accept and acknowledge that any change in the endpoints or in the API in general may affect the operation of the product and lead to requests for total or partial refunds from API Consumers.
ZYLA, at its sole discretion, has the right, but not the obligation, to compensate API Consumers for the partial or total lack of service of API Consumers subscribed to paid plans.
ABOUT PAYMENTS TO API PROVIDERS
Through the charging system provided by ZYLA in the HUB, ZYLA will charge the subscription amounts according to each plan defined by the API Provider and any other additional charges defined by it.
ZYLA will make its best efforts to collect said amounts through its payment platform but will not be able, in any way, to ensure collectability.
ZYLA is not responsible for any failure to collect (including, without limitation, any damages arising out of, resulting from, attributable to, or otherwise incidental to such failure).
Once ZYLA receives an API subscription fee from an API Consumer, ZYLA will transfer said amount less the corresponding “Transaction Fee” to the API Provider. Payments to API Providers are made monthly between the 20th and 25th of the following month.
ZYLA, at its sole discretion, may modify the Transaction Fee with no less than 7 days advance notice.
ZYLA reserves the right, but not the obligation, to deduct any refund requested by an API Consumers. In the event that ZYLA decides to offer a refund to an API Consumer, such amount will be deducted from the collection that ZYLA must pay to the API Provider.
API CONSUMERS GRANTS AND OBLIGATIONS
The API Consumer can browse the listed APIs and subscribe to access a free plan to test the API or subscribe to a paid plan to use all the features offered by the plan.
Unless expressly stated otherwise in the API pricing table or in its terms and conditions, the subscription will be automatically renewed at the end of the period (day, week, month, year, etc.). Each API Consumer may change the selected ZYLA subscription plan type or cancel the subscription plan in accordance with the terms and conditions of such subscription plan.
ABOUT THE SUBSCRIPTIONS
ZYLA may offer Free Trial for consumers to test the APIs. When accessing the Free Trial, the consumer has to register and enter their credit card information. At the end of the trial period, if the client didn't previously cancel the subscription, ZYLA will bill the amount corresponding to the subscription on a recurring basis until the consumer unsubscribes.
ZYLA won't accept refund requests for this reason.
It is important to clarify that the consumer will be able to access the Frial Trial only once and for a single API. The second time the consumer subscribes to the same API, or if it subscribes to more than one API, it won't be able to access more than one Free Trial.
ZYLA reserves the right to discontinue the Free Trial or modify the trial period.
The trial period will be announced on the website at the time of subscription.
During the free trial, our aim is to offer consumers a chance to experience the APIs at no cost. Therefore, the maximum number of API calls allowed for any paid plan during the trial period will be limited to 25% of the API calls offered on the most affordable paid plan available for the specific API.
If a consumer exceeds this limit, they will receive an error message from the API indicating the excess usage. To continue making Calls, the consumer can either wait for the trial period to end or terminate the Free Trial and proceed with your paid plan.
The responses provided by the APIs in the Free Trial are licensed for personal and trial use only. They cannot be used for commercial purposes.
Only a paid subscription is required to access the Service or certain portions of the Service. Depending on the type of subscription plan API Consumer chooses when purchasing the subscription, it will be invoiced in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually).
Unless API Consumer decides to terminate it before the renewal date, the subscription will automatically renew at the end of each period under the same terms.
FEES AND PAYMENT
The following are the payment methods ZYLA accept:
Stripe (Visa, Mastercard, American Express, etc)
To access any of paid subscriptions, API Consumer needs to make a purchase or pay a charge. For any purchases made through the site, API Consumer promises to supply information that is up-to-date, complete, and accurate. In order for us to execute its transactions and get in touch with it as necessary, API Consumer also consents to immediately updating its account and payment information, including its email address, payment method, and credit card expiration date. For purchases made through the Site, ZYLA bill using a web-based billing account. Sales tax will be charged to the cost of purchases and it will be additional to the prices shown in the pricing section. Prices are subject to change at any time. Every payment must be made in US dollars.
The API Consumer agrees to pay all fees and charges at the current rates.
In the event that the ZYLA payment platform encounters a failed charge when attempting to process a subscription payment, the corresponding invoice will be marked as pending, and payment attempts will be made repeatedly.
During unsuccessful billing attempts, the service will be temporarily interrupted, and it is important to note that the consumer is not entitled to a refund for the duration of the service being unavailable. Once the billing system successfully collects the outstanding payment, the service will be restored.
It is essential to understand that an unpaid invoice does not automatically result in the cancellation of the service. However, if the system fails to collect the outstanding invoice after multiple retries, ZYLA reserves the right to permanently cancel the service.
API Consumer must give ZYLA complete and accurate billing information, including its full name, address, state, zip code, phone number, and information on a legitimate payment method.
If for any reason automatic billing is unable to take place, ZYLA will send you an electronic invoice informing API Consumer that it must manually make the entire payment corresponding to the billing period specified on the invoice by a specific deadline date. If it does not make the payment before the due date, ZYLA will suspend access to the features and services included by the paid subscription and its account will revert to the free plan.
Refunds are valid within 2-hours after the time of purchase and only apply to the first payment ZYLA receives, as long as the Consumer hasn’t made more than 10 API Calls.
If for any reason the payment for the subscription is doubled, only requests for a refund of the doubled payment will be accepted within 72 hours after the payment is confirmed. Refund requests for duplicate payments made in months earlier than the current month won't be accepted.
If the Consumer cancels its paid subscription on the website and, for any reason, the subscription cannot be cancelled automatically in its Stripe account, claims will only be accepted within 72 hours of the cancellation made on the website. After this period, claims for refunds will not be accepted.
In the event that the consumer subscribes to a Free Trial for a specific period but fails to unsubscribe before the trial period ends, we regret to inform you that refund requests will not be accepted under any circumstances.
If an API Consumer subscribes to an API that has a Service Level (SLA) rating below 80%, the API Consumer acknowledges and agrees that they will not be eligible to request a refund for any issues or problems related to that API’s performance. ZYLA API HUB will not entertain refund requests based on SLA violations by the API Provider, including but not limited to service downtime, low accuracy of information returned by the API, high response times, or any other API-related problems.
If we determine that you are eligible for a refund, we will refund the full purchase price of your subscription. Please note that any third-party fees associated with your purchase, such as credit card processing fees, may not be refunded. Refunds will be processed within 14 business days of our approval.
Please note that our refund policy only applies to new customers who have purchased a subscription to our product. If you have previously received a refund for our product, you will not be eligible for another refund. Please understand that our refund policy is final, and we reserve the right to modify it at any time without notice.
To request a refund, the customer can send an email to us at hello[@]zylalabs.com with their purchase information and explain why. The Customer Service team will analyse the claim and return a response. In the event that the refund request is accepted, we will issue refunds to the original payment method used to make the purchase.
API Consumer can cancel its subscription at any time by logging into its web account. Its cancellation will be effective immediately, and any unused API calls and other features will not be refunded. Nor will a refund or credit note be made for unused days.
If API Consumer is having difficulty canceling its paid subscription via the website, It can send an email to hello[@]zylalabs.com from the email address it used to register its account. ZYLA will not accept a cancellation request from an email account different from the one used to register its account.
Sending the email with the cancellation request does not mean that its account will be automatically canceled. API Consumer must wait for instructions or confirmation from the ZYLA Customer Support team.
1st Level Standard Support Services are included for all APIs listed in ZYLA HUB for all plans between Monday - Friday from 8 am to 5 pm EST via chat or email. If API Consumer requires a more advanced level of support, It can contact ZYLA to acquire an Enterprise Plan.
The 1st Level Support Team will take the consult and will try to resolve with the information provided by the API Provider. Generally, between 70-80% of API Consumer queries can be resolved by ZYLA's 1st Level Support Team.
In the event that the query/problem cannot be resolved by ZYLA's 1st level Support team, it will escalate the problem to the API Provider who will have the obligation to attend and resolve all the required queries.
ZYLA will not be responsible for delays or lack of response from the API Provider.
ZYLA HUB SERVICE LEVEL AGREEMENT
ZYLA and its dedicated support team work hard to provide high-quality service that meets the needs of even the most demanding API Consumers and API Providers. This is why all of its infrastructure is hosted in the cloud with top-of-the-line services that include backup and redundancy. In addition, all our services are monitored by an Operations Center capable of quickly identifying any type of failure and executing the planned contingency plans. Despite all such efforts, you acknowledge that ZYLA hub may not be accessible for any reason related or not to ZYLA and that refund requests related to service downtime will not be honored.
APIS SERVICE LEVEL AGREEMENT (BY API PROVIDERS)
The SLA offered by the API Providers to API Consumers will be declared in the description of each API or in the price list of the API listed. If the API Provider does not make an SLA declaration, the assured service level will be considered to be "Best Effort".
In this case, refund requests will not be accepted due to lack of service, lack of accuracy of the information returned by the API, high response time or any other problem presented by the API.
ABOUT THE API CALLS
The API Calls described in the APIs refer to an API query. Queries made through the web interface are also considered an API Call.
It will be considered a successful API CALL whenever the "Success" object returned is equal to "true". Any response with the success object "false", will not be deducted.
If the API query returns a "true" response but the information is inaccurate or incomplete, the API call will be deducted.
RIGHT TO CHANGE CONTENT OF FORMAT
API Consumer and API Providers acknowledge that ZYLA may from time to time, and in its sole discretion, update or change the content or format of its marketplace. ZYLA shall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since ZYLA strives to accurately reflect these and adjust to these changes, significant advance notice is not always possible.
ZYLA shall have no liability to API Providers or/and API Consumers under the Contract if it is prevented from or delayed in performing its obligations under the Contract, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of ZYLA or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of ZYLA or subcontractors, provided that the API Providers or/and API Consumer is notified of such an event and its expected duration.
By creating an account on ZYLA, you agree that ZYLA may include the name and its trademarks in a list of its users for promotional purposes. Your name or your trademarks may be used in press releases, on the website, in newsletters, in business presentations with other prospects, and in any other promotional material that ZYLA deems necessary. You may opt out of the provisions of this section by contacting ZYLA and expressly requesting not to use its name or trademark for promotional purposes.
Effective as of December 22, 2022
By using The Product, you consent to the data practices described in this statement.
COLLECTION OF YOUR PERSONAL INFORMATION
In order to better provide you with products and services offered, Klazify Inc. may collect personally identifiable information, such as your:
- First and Last Name
- Company Name
- Mailing Address
- Email Address
- Phone Number
If you purchase Klazify Inc.'s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
Klazify Inc. may also collect anonymous demographic information, which is not unique to you, such as your:
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
USE OF YOUR PERSONAL INFORMATION
- Klazify Inc. collects and uses your personal information to operate and deliver the services you have requested.
- Klazify Inc. may also use your personally identifiable information to inform you of other products or services available from Klazify Inc. and its affiliates.
SHARING INFORMATION WITH THIRD PARTIES
- Klazify Inc. does not sell, rent or lease its customer lists to third parties.
- Klazify Inc. may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Klazify Inc., and they are required to maintain the confidentiality of your information.
- Klazify Inc. may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Klazify Inc. or the site; (b) protect and defend the rights or property of Klazify Inc.; and/or (c) act under exigent circumstances to protect the personal safety of users of Klazify Inc., or the public.
RIGHT TO DELETION
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
- Delete your personal information from our records; and
- Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
- Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- Comply with an existing legal obligation; or
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
CHILDREN UNDER THIRTEEN
Klazify Inc. does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this application.
From time to time, Klazify Inc. may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Klazify Inc. or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from Klazify Inc., you may opt out of such communications by UNSUBSCRIBE button or sending an email to hello[@]zylalabs.com.
EXTERNAL DATA STORAGE SITES
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
CHANGES TO THIS STATEMENT
Klazify Inc. welcomes your questions or comments regarding this Statement of Privacy. If you believe that Klazify Inc. has not adhered to this Statement, please contact Klazify Inc. at:
651 N Broad St Suite 206, Middletown, DE 19709, USA
Middletown, Delaware 19709