API Terms and Conditions

Effective Date: November 8, 2021

 

These API Terms and Conditions (“API Terms”) govern Your use of the API that is made available by CaptivateIQ, Inc. (“CaptivateIQ”, We”, Our or Us”) for the purposes of (1) developing and maintaining applications and software scripts that interoperate with or complement Our Services, and (2) integrating Our Services with Your other applications or databases. By clicking to create an API token, accessing or using Our API, or otherwise indicating your acceptance of these API Terms, you are agreeing to these API Terms on behalf of the company or other legal entity for which you are accepting these API Terms and binding such company or legal entity to these API Terms. As the individual accepting these API Terms on behalf of a company or other legal entity, you represent and warrant that you have full legal authority to (i) consent to these API Terms on behalf of such company or legal entity, and (ii) bind such company or legal entity to these API Terms. If you are not authorized to do so, you may not use the API or accept these API Terms for a company or other legal entity. If you do not agree to these API Terms, you and any company or other legal entity you represent may not access or use the API.

 

These API Terms incorporate and supplement the agreement governing Your use of the Services (“Master Service Agreement”) and Our Privacy Policy, provided that to the extent these API Terms conflict with the Master Service Agreement or Our Privacy Policy, these API Terms will control Your access to and use of the API. These API Terms do not grant You any right to access or use Our Services, which will be governed by a separate agreement, such as the Master Service Agreement, with Us.

 

1.     Definitions

 

For the purposes of these API Terms, capitalized terms shall have the meanings set forth below. Capitalized terms used but not defined in these API Terms shall have the meanings ascribed to them in the Master Service Agreement.

 

Access Credentials means the security keys, tokens, secrets, and other credentials necessary to access the API.

 

API” means (i) all application programming interfaces made available by Us, as they may be modified from time to time; and (ii) all accompanying guides, source code, software development kits, documentation, references, and other accompanying materials made available by Us (as they may be amended from time to time), including, without limitation, the accompanying materials available through the API Website or the Services (the materials in (ii) being collectively referred to herein as the “API Documentation”).

 

API Data” means any data, information, or content accessed via the API or any Integration, including, without limitation, any data, information, or content accessed from the Services or Applications via the API or any Integration.

 

API Website” means https://developers.captivateiq.com (including, without limitation, any subdomains, subdirectories, and subpages thereto).

 

Applications” means (i) any software applications, products, or services developed by You or Your Users (other than Integrations), (ii) Your systems and databases, and (iii) any Third-Party Applications.

 

“Feedback” means any feedback relating to the API and Our Services, including, without limitation, feedback related to usability, performance, interactivity, bug reports, and test results that You or Your Users may provide to Us.

 

“Integration” means any application or software that You or Your Users develop that (i) creates or updates certain data or content in the Services, or uploads certain data or content to the Services; (ii) queries, reads, exports, removes, or deletes certain content or data from the Services; and/or (iii) allows for the transfer of data or content between Applications and the Services.

 

Services” means the CaptivateIQ sales compensation management platform only and, for the avoidance of doubt, excludes the API and any implementation, integration, consulting, or professional services CaptivateIQ may provide to You.

 

Third-Party Applications” means any products, services, software applications, or databases that are provided by third parties.

 

Users” means Your employees, contractors, agents, or service providers (and any employees, contractors, subcontractors, or agents of the foregoing) that You permit to access or use the API on Your behalf.

 

“You” and “Your” mean the company or other legal entity for which you are accepting these API Terms.

 

2.     API Use

 

You will receive Your Access Credentials through Your Account in the Services. The Access Credentials enable Us to associate Your API activity with Your Account. You are responsible and liable for all activities that occur using Your Access Credentials, regardless of whether You have authorized such activities. You are responsible for maintaining the security and confidentiality of Your Access Credentials. If You become aware of any unauthorized use or disclosure of Your Access Credentials, You shall immediately notify Us in writing. You must not sell, share, transfer, publish, distribute, or sublicense Your Access Credentials to any other party other than to Your Users in accordance with these API Terms, and You must encrypt Your Access Credentials in storage and during transit.

 

You agree to (i) inform Your Users of all of the terms and conditions of these API Terms, (ii) be responsible for Your Users’ compliance with these API Terms and liable for their breach of these API Terms, and (iii) be responsible for Your Users’ access to and use of the API, Integrations, and API Data. If You enable any third parties as Users, You remain solely responsible for Your relationships with such third parties.

 

If You provide any Integrations to Your Users, employees, contractors, or agents (collectively, the “End Users”) that incorporate the functionality of the API, then with respect to access and use of the API and Your Integrations, You will require all such End Users to comply with (and You will not assist them to violate) applicable laws, rules, regulations, and orders of any governmental or regulatory body (collectively, “Applicable Law”), as well as the applicable provisions of these API Terms and the Master Service Agreement.

 

We retain control over the API and only make it available for access and use by You and Your Users through Our Services. The API is not part of the Services and We have sole discretion as to what portion, if any, of the API will be made available to You and Your Users. We reserve the right, in Our sole discretion, to restrict or revoke access and use of the API at any time. Further, We reserve the right to (i) monitor or measure Your and Your Users’ use of the API; (ii) validate certain features or functionality of the API and its interoperability with the Services; and (iii) provide, at Our sole discretion, services or support necessary to maintain the API.

 

3.     Licenses

 

Subject to Your full compliance with these API Terms, We grant to You and Your Users acting on Your behalf a revocable, non-exclusive, limited, non-sublicensable, and non-transferable right and license to access and use the API during the Term (as defined below) solely for the purposes of Your internal use to develop and implement Integrations that interoperate with and make use of the Services.

 

You hereby grant to Us a limited, revocable, non-exclusive, worldwide, paid-up, royalty-free, sublicensable, and transferable right and license to access and use Your Integrations during the Term solely for the purposes of providing the Services and, if applicable, any support, implementation, consulting, or professional services to You.

 

4.     API Restrictions

 

You and Your Users may not, and may not enable or assist any third party to: (a) use, copy, modify, translate, or create derivative works from the API, except as expressly permitted by these API Terms (including for the purposes set forth in Section 3 (Licenses) above); (b) sell, rent, lease, license, or sublicense the API to a third party; (c) display, distribute, transfer or otherwise make available Your Access Credentials or the API to any third party, except to Your Users in accordance with these API Terms; (d) distribute or otherwise make available Your Integrations to any third party, except to Your End Users in accordance with these API Terms; (e) include the API in a service bureau, time-sharing, or equivalent offering; (f) bypass, breach, compromise, break, disable, interfere with, or otherwise circumvent any features, functionality, technical processes, access structures, or security or authentication measures associated with the API or the Services; (g) access or use the API in any manner that poses a security vulnerability to the API, the Services, Us, Our systems or networks, or Our other customers; (h) access or use the API to scan or test the vulnerability of Our systems or networks; (i) access or use the API for the purpose of monitoring the performance, availability, or functionality of the Services or for any other benchmarking or competitive purpose; (j) access or use the API for the benefit of any third party other than Your End Users; (k) access or use the API in violation of Applicable Law or for any unlawful purpose or in any manner inconsistent with these API Terms; (l) access or use the API in any manner that infringes upon or violates the rights of any third party, including but not limited to intellectual property and privacy rights, or in any manner that infringes upon Our intellectual property rights; (m) access or use the API in any manner or for any purpose that is threatening, abusive, obscene, harassing, defamatory, deceptive, or fraudulent, or for any purpose other than the purposes set forth in Section 3 (Licenses) above; (n) use any data harvesting, scraping, or web crawlers to extract data from the API Website or API Documentation; (o) use the API to upload or store malicious software, malware, viruses, or other harmful code; (p) use the API to interfere with or otherwise negatively impact any aspect of the Services or any third-party products or services that are integrated or connected to the Services; or (q) use the API to develop an Integration that substantially replicates Our Services or is substantially similar to or competitive with Our Services. You acknowledge and agree that certain aspects of the API constitute or contain trade secrets of CaptivateIQ and its licensors. Accordingly, except to the extent expressly permitted by Applicable Law, You and Your Users will not attempt to decompile, disassemble, or reverse engineer the API or Services (or otherwise attempt to discover the source code, object code, trade secrets, or know-how of the API or Services), or permit or authorize any third party to do so.

 

To maintain optimum performance of Our API, the following limits and quotas apply to Your use of the API (collectively, the “Rate Limits”):

 

a.     If You are subscribed to a Standard Plan for the Services, You may not make more than (i) five (5) API requests per second, and (ii) one thousand five hundred (1,500) API requests per hour.

b.    If You are subscribed to an Enterprise Plan for the Services, You may not make more than (i) fifteen (15) API requests per second, and (ii) six thousand (6,000) API requests per hour.

 

You agree that for the entire duration of the Term, You and Your Users shall comply with the Rate Limits applicable to You. If You reach or exceed any Rate Limit applicable to You, We may throttle Your API requests to maintain the performance of Our system. We may modify the Rate Limits and set and enforce additional limitations on Your use of the API at Our sole discretion. You and Your Users will not attempt to circumvent these limitations or otherwise use the API in a manner that, as determined by Us in Our sole discretion, constitutes excessive or abusive usage.

 

You and Your Users will only use the API and Your Integrations in compliance with these API Terms, the Master Service Agreement, and Applicable Law.

 

5.     Data Privacy and Security

 

You will comply with all applicable privacy and data protection laws and regulations, and You will use commercially reasonable efforts to maintain administrative, technical, and physical safeguards to protect API Data collected, transmitted, or otherwise processed by Your Integration from unauthorized access or use. You represent and warrant that the networks, systems, servers, and databases You use to operate Your Integrations and to access and store API Data are configured to do so securely. You will ensure that information accessed through the API is collected, processed, transmitted, and maintained in compliance with all applicable privacy and data protection laws and regulations.

 

6.     Third-Party Applications

 

Your use of any Third-Party Application is governed solely by the agreements and policies between You and the applicable Third-Party Application provider (collectively, the “Third-Party Agreements”). You are solely responsible for ensuring that Your use of any Third-Party Application (whether in connection with Your Integrations, the API, or otherwise) complies with all Third-Party Agreements between You and the provider of such Third-Party Application. You hereby represent and warrant that Your use of any Third-Party Application in connection with the API or Your Integrations will not violate any Third-Party Agreements. The Third-Party Application provider is solely responsible for its Third-Party Application (including, without limitation, the availability thereof), and any exchange of data or content between You and any Third-Party Application is solely between You and the applicable Third-Party Application provider. We do not warrant or support Third-Party Applications. We will not be responsible or liable, directly or indirectly, for any damage or loss arising in any way from Your or Your End Users’ use of or reliance on the Third-Party Applications or any content or data contained therein. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY THIRD-PARTY APPLICATIONS, AND WE DISCLAIM ALL LIABILITY REGARDING THIRD-PARTY APPLICATIONS.

 

If You allow Third-Party Applications to access Your Account and/or Your Content in the Services via the API, You acknowledge that We may allow providers of these Third-Party Applications to access the content and data stored by You in the Services. We shall not be responsible for any disclosure, modification, or deletion of such content or data resulting from any access by providers of such Third-Party Applications. To the extent any Third-Party Application processes personal data or personal information, the Third-Party Application provider is Your data processor and is not CaptivateIQ’s data sub-processor. The processing of any personal data and/or personal information by the Third-Party Application is governed solely by Your Third-Party Agreements with such Third-Party Application provider.

 

7.     Ownership

 

You acknowledge that We and Our licensors own all worldwide right, title and interest in and to the API, including all intellectual property rights therein. We reserve all rights in and to the API not expressly granted to You in these API Terms.

 

8.     Feedback

 

To the extent that You or Your Users provide Feedback to Us regarding the API, We shall own all right, title, and interest in and to such Feedback, and You hereby make all assignments necessary for Us to achieve such ownership. We may use Feedback for any purpose at Our sole discretion, without any obligation to You, and We do not promise to address all Feedback in the development of future features or functionalities of the API.

 

9.     API Support and Updates

 

We may provide You with support, such as fixing bugs and answering clarification questions, for the API in Our sole discretion, and We may stop providing support to You at any time without notice or liability to You. You understand and agree that You are solely responsible for providing user support and any other technical assistance for Your Integration. We have no obligation to provide You or Your Users with software upgrades, enhancements, or modifications to the API.

 

We reserve the right to modify, release subsequent versions of, or discontinue the API or any portion or feature thereof in Our sole discretion. You are responsible, at Your sole cost and expense, for making any changes to Your Integration that are required as a result of Our modifications to the API. We may provide advance notice of any changes to the API that are not backward compatible or that materially reduce its functionality by posting such notice on the API Website, posting such notice in the Services, emailing Your Admin Users (as such term is defined in the Master Service Agreement), or by using any other reasonable means of providing notice, unless circumstances require Us to make an immediate change, in which case We will attempt to provide You with notice as soon as We can.

 

10.  Term and Termination; Survival

 

These API Terms will apply beginning on the date on which these API Terms are first accepted by You or on Your behalf and will remain in effect until terminated in accordance with these API Terms (the “Term”). Unless earlier terminated pursuant to these API Terms, these API Terms and Your access to the API will terminate upon termination or expiration of the Master Service Agreement.

 

You may terminate these API Terms at any time by ceasing all use of the API and notifying Us in writing. However, if You or Your Users access or use the API again thereafter, You are agreeing and consenting to the then-current API Terms.

 

At any time, We may, in Our sole discretion and without advance notice or any liability or obligation to You, (i) change, suspend, or discontinue the availability of the API (or any portion or feature thereof) and the Access Credentials for You and Your Users, and (ii) terminate these API Terms. If We suspend Your access to or use of the Services pursuant to the Master Service Agreement, Your access to and use of the API and the Access Credentials will also be suspended. We will not be liable for any damages, costs, or expenses You may incur as a result of any change, suspension, or discontinuance of the API or termination of these API Terms.

 

Upon any termination of these API Terms or discontinuation of Your access to the API, (i) You and Your Users will immediately cease all access to and use of the API, (ii) all rights and licenses granted to You under these API Terms will terminate immediately and We may revoke Your Access Credentials, and (iii) You will immediately destroy all copies of the API and any other CaptivateIQ information related to the API that is marked as “confidential” or should be understood to be confidential by a person exercising reasonable business judgment. You understand and agree that upon termination of these API Terms, or suspension or discontinuance of the availability of the API, the functionality of Your Integrations which integrate with the API may no longer work.

 

Notwithstanding the foregoing, We may allow You and Your Users to continue accessing and using the API and the Access Credentials at Our sole discretion even if (i) We suspend Your access to or use of the Services pursuant to the Master Service Agreement, or (ii) these API Terms automatically terminate upon termination or expiration of the Master Service Agreement, provided that in either case such access and use must be in compliance with these API Terms and You will continue to be bound by all provisions of these API Terms (which, in the case of (ii), will survive termination of these API Terms) until, in the case of (i), these API Terms are terminated in accordance with the termination provisions contained herein, or in the case of (ii), We discontinue the availability of the API and the Access Credentials to You and Your Users.

 

The following Sections of these API Terms will survive any termination of these API Terms: Sections 6 (Third-Party Applications), 7 (Ownership), 8 (Feedback), 10 (Term and Termination; Survival), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 15 (Assignment), 16 (Governing Law), and 17 (General Terms).

 

11.  Disclaimer of Warranties

 

THE API AND ALL RELATED COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE API, THE API DATA, AND YOUR INTEGRATIONS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE API, THE API DATA, OR YOUR INTEGRATIONS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY (I) THAT THE API WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE, (II) THAT THE API WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULT, OR (III) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OR PERFORMANCE OF THE API.

 

ACCESS TO AND USE OF THE API IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE API, API DATA, INTEGRATIONS, OR APPLICATIONS (INCLUDING, WITHOUT LIMITATION, THIRD-PARTY APPLICATIONS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION, AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE API. YOU UNDERSTAND AND AGREE THAT USE OF THE API AND YOUR INTEGRATIONS IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR (AND WE WILL NOT BE LIABLE FOR) ANY DAMAGE TO YOUR APPLICATIONS (INCLUDING, WITHOUT LIMITATION, THIRD-PARTY APPLICATIONS), COMPUTER SYSTEMS, SERVERS, OR DATABASES AND/OR ANY LOSS OF OR CORRUPTION OF DATA (INCLUDING, WITHOUT LIMITATION, THE API DATA) THAT ARISES FROM USE OF THE API OR YOUR INTEGRATIONS.

 

THE DISCLAIMERS IN THIS SECTION 11 (DISCLAIMER OF WARRANTIES) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

12.  Limitation of Liability

 

IN NO EVENT WILL WE OR OUR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE API TERMS OR THE USE OR PERFORMANCE OF THE API OR YOUR INTEGRATIONS. OUR OR OUR SUPPLIERS’ TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

 

THE FOREGOING LIMITATIONS WILL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM AN ACTION OR CLAIM BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT WE OR OUR SUPPLIERS HAVE BEEN 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 OF ITS ESSENTIAL PURPOSE. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION 12 (LIMITATION OF LIABILITY), THEN OUR AND OUR SUPPLIERS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

13.  Indemnification

 

You will defend, hold harmless, and indemnify Us and Our directors, officers, employees, contractors, agents, representatives, and affiliates from and against any claims, damages, losses, liabilities, judgments, penalties, fines, costs, and expenses (including, without limitation, reasonable attorneys’ fees and court costs) (collectively, “Claims”) arising out of or relating to, or alleged to arise out of or relate to: (i) access to or use of the API by You, Your Users, or any other party using Your Access Credentials; (ii) Your Integrations; (iii) breach of these API Terms by You or Your Users; or (iv) Your or Your Users’ violation of Applicable Law or of any rights of any third party in connection with the API, Your Integrations, or the API Data. You will not settle any Claim without Our express prior written consent.

 

14.  Modifications to API Terms

 

We reserve the right to modify, supplement, or replace these API Terms (including any additional CaptivateIQ terms and conditions or policies incorporated by reference herein and any information on pages referenced in the hyperlinks from these API Terms) at any time and in Our sole discretion by notifying You through one or more of the following methods (each, a “Notice”):

 

a.     posting the revised API Terms to this page (https://developers.captivateiq.com/page/terms-and-conditions) and updating the effective date at the top of the page;

b.    posting a notice on the API Website;

c.     providing a notice through the Services;

d.    sending an email to Your Admin User(s); or

e.     providing a notice through any other reasonable method of notification.

 

If We make material changes to these API Terms, We will seek to notify You using at least two (2) of the Notice methods above. Unless We specify otherwise in a Notice, modifications to these API Terms will be effective upon the effective date specified at the top of the modified API Terms and will be binding on You upon Your acceptance of the modified API Terms. We encourage You to regularly check the effective date at the top of the API Terms. If You access or use the API or otherwise indicate Your agreement to the modified API Terms after We publish, send, post, or otherwise provide a Notice, then such access, use, or other indication of agreement will constitute Your acceptance of the modified API Terms as of the effective date of the modified API Terms. If any modification of these API Terms is unacceptable to You, You must terminate these API Terms pursuant to Section 10 (Term and Termination; Survival) and stop accessing and using the API. You can review the most current version of the API Terms at any time by visiting this page. If We modify these API Terms, the modified API Terms will supersede prior versions of the API Terms.

 

15.  Assignment

 

Unless You obtain Our prior written consent, You may not assign or transfer any rights or obligations under these API Terms, including in connection with a change of control. Any attempt by You to assign or transfer any rights or obligations under these API Terms without such consent will be null and void. We may freely assign or transfer all rights and obligations under these API Terms without restriction. Subject to the foregoing, these API Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

16.  Governing Law

 

These API Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods. You and CaptivateIQ expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts located within San Francisco County, California, USA for the purpose of resolving any dispute arising out of or relating to Your access or use of the API or these API Terms. YOU AND CAPTIVATEIQ ALSO EACH HEREBY WAIVE ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF THE API OR THESE API TERMS.

 

Notwithstanding the above, You agree that CaptivateIQ will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

17.  General Terms

 

Nothing in these API Terms will be construed as creating a partnership, joint venture, franchise, agency, fiduciary, or employment relationship of any kind between the parties, and neither party will have the authority or power to bind the other party or to contract in the name of or create any liability against the other party in any way or for any purpose. These API Terms constitute the entire agreement between CaptivateIQ and You regarding the subject matter of these API Terms, and these API Terms supersede and replace any and all prior understandings or agreements, whether written or oral and however established, between CaptivateIQ and You regarding the subject matter of these API Terms. If for any reason a court of competent jurisdiction finds any provision of these API Terms to be illegal, invalid, void, or unenforceable, that provision will be modified by the court to render it enforceable to the maximum extent possible in order to effect the intention of the original provision (or if such provision cannot be so modified, then it will be severed from these API Terms), and the other provisions of these API Terms will remain in full force and effect.

 

Except as otherwise set forth herein, any notices or other communications provided by CaptivateIQ under these API Terms may be given: (i) via email; (ii) by posting to the Services; (iii) by posting to the API Website; or (iv) by any other reasonable means. Notices to CaptivateIQ must be sent (i) if delivered by email, to [email protected], or (ii) if delivered by personal delivery or certified or registered mail (return receipt requested), to CaptivateIQ, Inc., Attn: Legal, 480 2nd Street, Suite 100, San Francisco, CA 94107, with a copy of the notice sent concurrently to [email protected].

 

Our failure or delay to enforce any right or provision of these API Terms will not constitute a waiver of such right or provision. No waiver of any such right or provision will be effective unless made in writing and signed by a duly authorized representative of CaptivateIQ. Except as expressly set forth in these API Terms, the exercise by either party of any of its remedies under these API Terms will be without prejudice to its other remedies under these API Terms or otherwise.

 

18.  Our Contact Information

 

If You have any questions or comments about these API Terms, please contact Us by emailing [email protected] or by physical mail at: CaptivateIQ, Inc., Attn: API Terms Questions, 480 2nd Street, Suite 100, San Francisco, CA 94107.