Please read these terms of use carefully before using AfterShip’s application programming interface (“API”). By using the API in any way, you (“You”, “Your”, or “User”) agree to be bound by the provisions of this Application Developer and API Agreement (the “API Agreement”) which are subject to, as well as supplemental to, the AfterShip Terms of Service (the “Terms of Service”) and the Additional Terms. Should You object to any portion of this API Agreement, Your only recourse it to immediately discontinue use of the API.

1. DEFINITIONS

For purposes of this Agreement, capitalised terms shall have the meanings set forth below. Capitalized terms used but not defined herein shall have the meanings assigned in the Terms of Service.

  • Application(s) means web or other software services or applications developed by User that interact with the API and are authorized for Publishing under the API Agreement.

  • Internal Use means use of the API solely in connection with User's subscription to a Service for User's internal business purposes in compliance with the Terms of Service.

  • Marks: The ‘AfterShip’ trademarks and other product and service names, trademarks, service marks, branding, and logos made available for use with the API.

  • Privacy Policy: The AfterShip Privacy Policy, available here.

  • Publish/Published/Publishing: Making an Application available to any Recipient or for any purpose other than Your Internal Use.

  • Recipient means any person, individual or entity using the Service through Your Applications, including End-Users.

  • Service means all services provided by AfterShip to You, including but not limited to access to the Site, AfterShip One, any and all Features, and associated tools such as the Software, API, and Documentation.

  • Service Data means electronic data, text, messages, communications, or other materials submitted to and stored within a Service by You, Your agents, and Recipients, including, without limitation, Personal Data.

2. PURPOSE AND LICENSING

2.1 This API Agreement governs Your rights to use and access the API for Internal Use and for developing, implementing, and the Publishing of Applications, subject to the Terms of Service. AfterShip Affiliates may also provide the API to you on behalf of AfterShip, and the API Agreement will also govern Your relationship with the AfterShip Affiliates.

2.2 Subject to this API Agreement and the restrictions set forth therein, AfterShip grants You a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license, during the Term, to: (a) use and make calls to the API to develop, implement, and distribute Applications for use by You or Recipients in connection with the Services; (b) use, reproduce, distribute, and transmit Service Data as necessary to format and display it through the Applications; and (c) use and display the Marks solely to identify that the Service Data originates from the Services.

2.3 User grants AfterShip a non-exclusive, worldwide, fully paid-up, royalty-free license, during the Term, to use User’s name, Application name(s), and associated logos solely to enable AfterShip to exercise its rights and perform its obligations under the Terms of Service.

3. RIGHTS, RESTRICTIONS AND RESPONSIBILITIES

3.1 User must comply with all restrictions in this API Agreement, the Terms of Service, and the Privacy Policy. If AfterShip determines that User has violated any term, condition, or the spirit of this API Agreement, AfterShip may, at its sole discretion, temporarily or permanently revoke User’s licence without prior notice. AfterShip, in its sole discretion, may set limits on your use of the API, including the number of API requests that You may make. You agree to, and will not attempt to circumvent, any limitations documented with each API.

3.2 To access and use the API, User must obtain API credentials (a “Token”). User shall not share any Token with a third party, must keep such Token secure, and shall use the Token as its sole means of accessing the API. User will only access (or attempt to access) the API by the means described in the Documentation.

3.3 User is authorized to: (a) distribute or otherwise commercially exploit the API for use by Recipients; and (b) use the API to process data on behalf of Recipients.

3.4 User’s Applications shall not substantially replicate the API. Applications may not use or access the API to monitor the availability, performance, or functionality of the API or for benchmarking purposes.

3.5 User acknowledges that it is solely responsible for the content, development, operation, support, and maintenance of its Applications.

3.6 User shall comply with technical and policy limitations imposed on the API, including any rate limits.You will not use the API (i) to encourage or promote illegal activity or violation of third party rights, (ii) breach the Acceptable Use Policy.

3.7 User shall not modify Service Data except as necessary for formatting in pertinent Applications.

4. REPRESENTATIONS, WARRANTIES AND COVENANTS

4.1 If User’s Applications transmit Service Data outside the API, User represents and warrants that User has notified all Recipients of such, and that AfterShip is not responsible for such transmissions. User shall comply with all applicable privacy laws and implement security measures no less protective than the Privacy Policy.

4.2 User represents and warrants that any and all Applications do not infringe third-party IPR and comply with all applicable laws.

4.3 User shall include the mandatory terms of service provisions listed in Section 4.4 below (“Mandatory Service Terms”) in the terms governing its Applications for Recipients.

4.4 Mandatory Service Terms are the following: (i) User is the licensor of the Application, and AfterShip is not a party to any Application terms of service; (ii) Recipients may not modify, reverse engineer, decompile, disassemble, or sublicense the Application; and (iii) User retains all IPR in the Application, and Recipients receive only a limited right to access and use the Application.