Thank you for using the Tru Optik application programming interface (the "Tru Optik API"). By using the Tru Optik API, you agree to the terms below. If you disagree with any of these terms, Tru Optik does not grant you a license to use the Tru Optik API. We reserve the right to update and change these terms from time to time without notice. Please note that you must read and agree to the terms and conditions of this Agreement before you use the Tru Optik API. If you do not agree to the terms and conditions of the Agreement, you may NOT use the Tru Optik API.
“Metadata” shall mean any data, images, text, content or other information or materials made available to you by Tru Optik through the API. “Tru Optik Service” means the accessibility and consumption of filtered data through use of our online tools and any service we provide in connection with our API. “Tru Optik Marks” means any trade marks of Tru Optik containing the word TRU OPTIK or any other trade marks as registered or used by Tru Optik from time to time. “User” means a user to whom Tru Optik has issued a unique user name and password that grants access to the Tru Optik Service.
2. Your Status
By registering to use the Tru Optik API you confirm that:
• You are legally capable of entering into binding contracts
• If you are an individual, you are at least 18 years old
• If you are acting for an organization (such as a company or a partnership), you are authorized to enter into these terms for and on behalf of that organization (in which case, references in these terms to “you” are to that organization, and not you personally)
• By accessing and using the Tru Optik API, you are complying with all applicable laws and regulations in the country in which you are located
3. Using the Tru Optik API
You are responsible for all use of your security details and your account. You must treat your username, password, and any other security details, as confidential, and not disclose it to any other person. You must also prevent unauthorized access to your account. We have the right to suspend or close any account with Tru Optik and terminate your right to use the Tru Optik API, if (in our opinion) you have failed to comply with any part of these terms or our website terms. You are responsible for ensuring that all persons who use the Tru Optik API on your behalf are aware of these terms, and that they comply with them. We reserve the right to refuse to provide access to our site to, to provide our services to, or permit the use of the Tru Optik API by, any person.
You may only use the Tru Optik API for your own lawful internal business purposes. You will also need to comply with our website terms, as applicable.
Restrictions of Use
You must not use the Tru Optik API in any manner that is not expressly authorized in this Agreement. Without limiting the foregoing, you may not:
• Sell, resell, rent or lease material from our site, or obtained from use of the Tru Optik API;
• Make service calls via the Tru Optik API to an extent that would adversely impact, in Tru Optik’s sole discretion, Tru Optik’s servers or the Tru Optik Service or make calls that could reasonably have been avoided;
• Duplicate, create derivative works from, republish, download, display, transmit, or distribute the Tru Optik API;
• Modify, edit, disassemble, decompile or reverse-engineer the Tru Optik API;
• Use the Tru Optik API or the Metadata for any illegal or unauthorized purpose;
• Aggregate Metadata to create data bases, or any other compilations of Metadata; or
• Use the Tru Optik API or the Metadata in a manner that infringes any intellectual property or other right of Tru Optik or any third party, including without limitation, any right of privacy,publicity, copyright, trade mark, patent or contractual right.
You shall not interfere or attempt to interfere in any manner with the proper functioning of the Tru Optik API.
You must not knowingly introduce any viruses, worms, trojan horses, logic bombs or any other harmful code that could, in Tru Optik’s sole discretion, affect the Tru Optik API or the Tru Optik Service.
You are solely responsible for your use of the Tru Optik API and the Metadata. You shall ensure that your use of the Tru Optik API and the Metadata complies with all applicable laws and regulations, including without limitation, laws regarding personal data, privacy, copyright and export controls.
Tru Optik offers several account options with tiered levels of access: Free, Basic, Professional, Enterprise
You may contact us at http://truoptik.com/contact in order to determine what plan options best suite your needs.
5. Metadata Usage
Your use of any of the Metadata is at your sole risk. Paying users of the Tru Optik API may use or display results, usage statistics, and other information derived from the analysis of the Metadata, or using the Tru Optik API, but only for your own internal business purposes.
6. Fees and Payment
Except with regard to any Trial Period, Tru Optik bills its customers in advance on a monthly basis. All amounts due shall be paid in US dollars. Service fees are exclusive of all banking fees and all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such fees, taxes, or duties, excluding only United States income (federal or state) taxes imposed on Tru Optik. Charges for our services are solely based on the selected subscription and our measurement of your use of the Tru Optik API.
7. Terms and Termination
Your license to the Tru Optik API under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Tru Optik API endpoints. Tru Optik may terminate the license at any time for any reason. Your rights to use the Tru Optik API terminate automatically if (i) you violate any of these terms, (ii) Tru Optik publicly posts a written notice of termination on Truoptik.com, (iii) Tru Optik sends a written notice of termination to you, or (iv) Tru Optik disables access to the Tru Optik API to you.
You agree to indemnity, defend and hold harmless Tru Optik and its directors, employees, agents, affiliates, and clients from and against all demands of liabilities, damage, losses, claims and fees (including attorney’s fees) arising from; your use of the service, data, or code; third party claims based on your access and use of the site; any breach of this agreement by you.
9. Disclaimer of Warranty
Tru Optik does not represent or warrant that Tru Optik’s API is free of inaccuracies, errors, bugs, or interruptions, or is reliable, accurate, complete, or otherwise valid. Tru Optik’s API is provided "as is" with no warranty, express or implied, of any kind and Tru Optik expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement. Your use of the Tru Optik API is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of the Tru Optik API including, but not limited to, any damage to your computer system or loss of data.
10. Limitation of Liability
Tru Optik shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Tru Optik API, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Tru Optik has been advised of the possibility of such damages. Under no circumstances shall Tru Optik be liable to you for any amount.
11. Entire Agreement