Terms of service
If we had to summarize our terms of service in a sentence it would be: as long as you play nice we will as well.
If we had to summarize our terms of service in a sentence it would be: as long as you play nice we will as well.
PLEASE REVIEW THESE TERMS CAREFULLY AS THEY AFFECT EACH PARTY'S LEGAL RIGHTS AND CONTAIN A MANDATORY ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION REMEDIES.
These Terms of Service (these "Terms") form a binding legal agreement between Treblle Inc., a Delaware corporation ("Treblle") and the applicable customer ("Customer") purchasing a subscription to Treblle's hosted API management platform (the "Platform"). The Platform is a lightweight SDK designed to help engineering, developer, and operations teams build, ship, and maintain APIs and carry out real-time API monitoring, logging, and analytics.
By ordering a subscription through Treblle's online self-service order process or entering into a separate order form with Treblle (an "Order"), Customer agrees to be bound by such Order and these Terms (together, this "Agreement").
Treblle may update these Terms from time to time in its discretion. Any updates will automatically take effect on Customer's next renewal unless Treblle has otherwise agreed in writing.
Subject to Customer's continued compliance with this Agreement, Treblle grants Customer a non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform during the applicable subscription term solely for its internal business operations and in accordance with any user count, volume metrics, or other restrictions described in the Order.
Customer will be responsible for ensuring its users comply with this Agreement and will be liable for their acts and omissions as though they were its own. Customer is responsible for maintaining the security of its and its users' login credentials and will be responsible for any actions taken using such credentials.
Customer's subscription begins on the date of purchase and continues for the duration stated in the Order or selected at the time of purchase. Unless otherwise set forth in the Order, at the end of the initial term, the Order will automatically renew for consecutive renewal terms of equal length unless either party provides notice of non-renewal at least 14 days prior to the end of the then-current Term. Orders are non-cancellable except as expressly set forth herein.
Customer will pay all fees pursuant to the Order. Unless otherwise stated in the Order: (a) all fees are in USD; (b) Treblle will charge Customer in advance for any subscription fees; (c) if paid by invoice, all fees are due within 30 days of invoice date; and (d) late payments will incur interest at a rate of 1% per month or the maximum rate permitted by law, whichever is less. Unless otherwise expressly set forth herein, all payments are non-refundable. Customer is responsible for paying any applicable sales, use, or similar taxes arising out of the transactions under the Order.
Pricing and fees may be based on API call volume. If Customer's usage exceeds the applicable volume thresholds for the selected plan, Treblle may: (a) suspend Customer's ability to make additional usage for the relevant payment period; (b) charge Customer additional fees; and/or (c) at the next renewal, automatically move Customer into the lowest price tier that accommodates Customer's demonstrated peak volume.
Treblle may increase its pricing from time to time by posting updated prices on its website or otherwise notifying Customer. Any such increase will automatically take effect on the next subscription renewal.
Customer will not, directly or indirectly: (i) remove any trademark or copyright notices contained in the Platform; (ii) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, or create derivative or competing works based upon the Platform; (iii) use the Platform on behalf of third parties; (iv) use manual or automated means to trawl, mine, scrape, frame, or mirror the Platform; (v) disassemble, decompile or reverse engineer the Platform; (vi) attempt to hack, defeat, or overcome any encryption technology or security measures regarding the Platform; (vii) interfere with or disrupt the operation of the Platform; (viii) promote illegal activity or violate any applicable law; (ix) post or transmit any information that is discriminatory, unlawful, defamatory, abusive, harassing, threatening, indecent, obscene, fraudulent or otherwise inappropriate; (x) send unsolicited advertisements through the Platform; (xi) impersonate any person or misrepresent its identity; (xii) use the Platform in a way that is not for its intended purposes; (xiii) provide any false or misleading information; (xiv) publish or distribute any analysis or benchmarking of the Platform; or (xv) otherwise violate any of Treblle's published rules, policies, or guidelines.
Except as otherwise expressly stated herein, each party will retain all of its right, title and interest in and to its worldwide copyrights, patents, trade secrets, trademarks, and other intellectual property rights ("IP Rights").
All IP Rights in and to the Platform and all Documentation and Usage Data are and will remain owned by Treblle or the relevant third-party owner. If Customer provides feedback, suggestions, or improvements related to the Platform, it grants Treblle an unrestricted, perpetual, irrevocable, royalty-free, worldwide license to use such Feedback in any way Treblle deems reasonable.
"Usage Data" means anonymized or aggregated technical or usage data relating to the use and performance of the Platform. Treblle may collect, use, and disclose Usage Data to gather insights, analyze trends, and improve Treblle's offerings. Treblle will not disclose any Usage Data in a manner that can be used to identify Customer or any third-party entity or individual.
"Customer Materials" means any APIs, content, data, or materials submitted or connected by Customer or its users to the Platform. Customer retains ownership of the Customer Materials and grants Treblle a worldwide, non-transferable, non-exclusive, royalty-free license to use Customer Materials to the extent reasonably required for Treblle to make the Platform available to Customer.
Treblle handles personal information in accordance with Treblle's Privacy Policy, available at https://www.treblle.com/privacy-policy.
"Confidential Information" means any non-public information provided by one party ("Discloser") to the other party ("Recipient") hereunder that is either conspicuously identified as confidential or should be reasonably understood to be confidential based on the nature of the information or circumstances of the disclosure.
Recipient will only use Confidential Information to perform its obligations or exercise its rights under this Agreement. Recipient will maintain the Confidential Information in confidence using the same degree of care as it uses to protect its own similar information (but no less than reasonable care). The protections set forth herein will continue to apply for the greater of five years, or so long as such Confidential Information is protected as a trade secret under applicable law.
If Recipient is legally required to disclose any Confidential Information of Discloser, Recipient will, if legally permitted, provide Discloser with prompt written notice sufficient to allow it an opportunity to appear and object to such disclosure.
Each party agrees that the other party may have no adequate remedy if there is a breach or threatened breach of these confidentiality obligations and, accordingly, that the non-breaching party will be entitled to seek injunctive or other equitable relief.
The Platform may contain links to websites owned or operated by third parties. Treblle does not control or endorse such parties, websites, products or services.
CUSTOMER USES THE PLATFORM AT ITS OWN RISK AND THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TREBLLE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE PLATFORM, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER TREBLLE NOR ITS LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA, RESULTING FROM THE USE OF OR THE INABILITY TO USE THE PLATFORM. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER TREBLLE NOR ITS LICENSORS WILL BE LIABLE TO CUSTOMER FOR ANY AGGREGATE AMOUNT EXCEEDING THE AMOUNTS PAID BY CUSTOMER TO TREBLLE IN THE 12 MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
Customer will release, defend, indemnify, and hold Treblle, its past, present, and future affiliates, licensors, licensees, marketing partners, and suppliers, together with their respective officers, directors, employees, and agents, harmless from and against any damages, losses, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from Customer Materials, Customer's violation of this Agreement, and Customer's use of the Platform.
Treblle will indemnify, defend, and hold Customer harmless from and against any third-party claims alleging that the Platform infringes any third party's IP Rights. If a third-party claim of infringement is threatened or occurs, Treblle may seek to mitigate damages by modifying the Platform to be non-infringing, obtaining a license for Customer to use the Platform, or terminating Customer's subscription and refunding any unused, prepaid fees.
Treblle reserves the right to modify or discontinue the Platform at any time, with or without notice. Treblle may suspend Customer's account if: (a) Customer is in violation of this Agreement or the applicable Order; or (b) Treblle otherwise determines in good faith that such a suspension is necessary to protect the integrity and security of the Platform.
Either party may terminate this Agreement if the other party materially breaches this Agreement and such breach is not remedied within thirty (30) days of receiving written notice thereof. Those sections of these Terms which are by their nature intended to survive termination will so survive.
This Agreement will be governed by the laws of the State of Delaware, without regard to its conflicts of law rules. Any dispute arising out of this Agreement will be settled exclusively through binding arbitration administered in Wilmington, Delaware by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.
THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN CLASS-ACTION PROCEEDINGS.
Neither party shall export, directly or indirectly, any technical data acquired from the other party hereunder in breach of any applicable laws or regulations, including United States export laws and regulations.
Treblle may include Customer's name and logo in customer lists on its website and marketing materials, provided it will discontinue such use reasonably promptly if requested in writing by Customer.
Treblle will not be responsible or liable for any delays or failures to perform due to causes beyond Treblle's reasonable control, including natural disasters, terrorist attacks, failure of internet or communications networks, or health emergencies.
The parties are independent contractors, and nothing herein will be deemed to create any partnership, joint venture, agency, or fiduciary relationship between the parties.
Customer may not assign this Agreement or these rights and obligations without Treblle's prior written consent. If any provision of this Agreement is determined to be void or unenforceable, the remaining provisions will remain in force and effect.
Treblle may provide notice to Customer by email or through messages displayed via the Platform. Customer may provide notice to Treblle at: hello@treblle.com
This Agreement and any policies referenced herein constitute the entire agreement between the parties regarding the subject matter thereof and supersede any prior or contemporaneous agreements with regards to such subject matter.
All Systems Operational
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