Abstract API Legal
Below you will find the legal agreements between you, the user, and Abstract API Inc. If you have any questions or comments, please contact us at legal @ abstractapi.com
TERMS OF USE
Last updated November 29, 2024
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Abstract API Inc (“Company”, “we”, “us”, or “our”), concerning your access to and use of the https://www.abstractapi.com website, as well as any other website, software, mobile app, or other related service that we make available to you (collectively, the “Site”). You agree that, by accessing or using the Site or by clicking to accept these Terms of Use when that option is made available to you, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons or entities who choose to access or use the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register an account with the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for you to use and enjoy the benefit of the Site, as by provided by us and in the manner permitted by these Terms of Use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
USER REPRESENTATIONS
You represent and warrant that: (1) all registration information you submit is true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right, without limitation, to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential, and you are responsible for all use of your account and password, regardless of whether such use is authorized by you. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
FEES AND PAYMENT
Payment Authorization
Certain features of the Site require payment. All online payments for the Site are processed by Stripe, a third-party payment processor. By using any payment feature of the Site, you agree to be bound by the payment processor’s terms (available at https://stripe.com/legal/ssa, in addition to these Terms of Use. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge until you notify us of your cancellation.
Payment Information
As part of the payment process, you are required to provide current, complete, and accurate payment information. You must keep your account information and payment method current and you must promptly notify us if your payment method is canceled or if you become aware of a potential breach of security. Please refer to our privacy policy for further information about how we use your personal data.
Subscription Plans
Many features on the Site are offered via a paid subscription plan. If you enroll in a paid subscription plan, you will be charged upfront for the amount indicated for that plan. That amount is non-refundable. Each plan entitles you to use a fixed number of requests during the corresponding subscription term. You may cancel your plan at any time. When you cancel your plan, you may continue to use your subscription for the remainder of the subscription term, and your plan will be deactivated once that term expires. If you do not cancel your plan, your plan will automatically renew at the end of the corresponding term and your payment method will be automatically charged at the then-current prices for an additional subscription term.
Overages
Each subscription plan has a limit as to how many requests you may make during the subscription term. This information will be made available to you when you enroll in your specific subscription plan. If you exceed those requests during the plan’s term, you will be charged an additional fee, as reflected in the information made available to you about your plan at the time of your enrollment, for each of those overages at the end of the billing cycle or when the overage amount reaches a defined threshold. If you exceed your plan’s limit by 40% or more in overages, you will be automatically upgraded to the next higher-tier plan and you will only be charged for the overages used prior to that upgrade. The one exception to this is, if you are already enrolled in the highest available plan and cannot be further upgraded, you will continue to be charged for your overages each time you use 40% of your plan’s limit.
CANCELLATION
All purchases are non-refundable. You may cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. Without limiting the foregoing, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Modify, copy, or create derivative works based on the Site, except as expressly authorized herein.
3. Use the Site or the Content to advertise or offer to sell goods and services or to identify any household, street address, or individual.
4. License, sell, resell, lease, distribute, or otherwise commercially exploit as a standalone product, or make available to any third party, the Site, or any Content not owned by you (unless the Content is expressly licensed to you for such purpose).
5. Reverse engineer, decompile, or otherwise derive the source code and other intellectual property underlying the Site or attempt to do any of the foregoing (except to the extent applicable law prohibits restrictions on reverse engineering).
6. Distribute via, or store on, the Site unlawful, offensive, or tortious material.
7. Use the Site or the Content, or cause the Site or the Content, to infringe upon or violate any third-party intellectual property or other proprietary right.
8. Attempt to gain unauthorized access to the Site, the Content, or the related systems or networks.
9. Access or search, or attempt to access or search, the Site or the Content by any means (automated or otherwise) other than through currently available, published interfaces.
10. Probe, scan, or test the vulnerability of any system or network related to the Site or breach or circumvent our security measures.
11. Interfere with or disrupt the integrity or performance of the Site, the data contained therein, or the servers or networks connected to the Site.
12. Send via, upload to, or store on the Services any viruses, worms, time bombs, trojan horses, or other harmful or malicious code, files, scripts, agents, or programs.
13. Use the Site or the Content to spam, phish, pharm, pretext, spider, crawl, or scrape.
14. Alter, remove, or suppress any copyright, trademark, or other proprietary notice displayed by the Site.
15. Access the Site in order to build a competitive product or service or copy any features, functions, or other component of the Site.
16. Use the Site to harass, defame, slander, or intimidate.
17. Use the Site or the Content for any illegal or unauthorized purpose.
18. Use the Site or the Content: for any form of debt collection; as the sole source of data for hard background check purposes; to determine eligibility for a government license or benefit; for any purpose prohibited by applicable data privacy and security laws; for the benefit of any one political candidate, political party, political campaign, or political advocacy group affiliated exclusively with or formed to benefit any one of the foregoing; to benefit any government agency operating as an intelligence agency whose purpose is to collect and analyze data on people for the purposes of, but not limited to, counter-terrorism, the creation of watchlists, individual threat assessment or mass-surveillance to support national security, military, and foreign policy objectives; for any evidentiary purpose related to law enforcement or criminal prosecution, such as to establish as an evidentiary matter that a particular person is associated with a particular data element, provided that (subject to the foregoing restriction) such data may be used for investigative, analytics, or validation purposes; in connection with any purpose covered by the Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq (“FCRA”)), Federal Trade Commission interpretations of the FCRA, and similar federal and state statutes including for any purposes enumerated in the FCRA in lieu of obtaining a Consumer Report; for the preparation of a Consumer Report or in such a manner that may cause such data to be characterized as a Consumer Report; in connection with establishing a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, or in connection with assessing risks associated with existing credit obligations of a consumer; for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee; for any tenancy verification or in connection with any application to rent real property; in connection with a determination of a consumer’s eligibility for a license or other benefit that depends on an applicant’s financial responsibility or status; as a potential investor or servicer, or current insurer, in connection with a valuation of, or assessment of credit, or prepayment risks associated with, an existing credit obligation; in connection with any information, service or product sold or delivered to a “Consumer” (as that term is defined in the FCRA) that constitutes or is derived in substantial part from a Consumer Report; for any eligibility decision made by a government pertaining but not limited to assistance to natural persons for housing, food, energy, health care, licensure, education, medical costs or any other form of government assistance or benefit; for any other purpose under the FCRA.
19. Engage in any act that we deem to be in conflict with the spirit or intent of the Site or these Terms of Use.
USER GENERATED CONTRIBUTIONS
The Site may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit will be treated in accordance with the Site Privacy Policy.
By submitting or transmitting Contributions to the Site, you represent and warrant that:
1. The creation, distribution, transmission, public display, and performance, and the accessing, downloading, and copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights, of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site, these Terms of Use, or our Privacy Policy.
3. You have the written consent, release, and permission of each identifiable individual person in your Contributions to use the name or likeness of each such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site, these Terms of Use, and our Privacy Policy.
4. Your Contributions are true, accurate, and not misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, our Privacy Policy, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
Further, all Contributions are the sole responsibility of the person or entity that originated such Contributions. We do not take responsibility for user-provided Contributions or independently verify, or warrant the accuracy or completeness, of such Contributions. You are solely responsible for your Contributions to the Site or your reliance on other user-provided Contributions, and you expressly agree to exonerate and indemnify us from any and all related liability and to refrain from any legal action against us regarding your Contributions or your reliance on other user-provided Contributions.
CONTRIBUTION LICENSE
Subject to the below paragraph on Feedback, you retain your rights in Contributions that you submit to the us or the Site. But you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, and display those Contributions in any and all media or distribution methods (now known or later developed) for the following purposes only: (1) to provide the services related to the Site; (2) to improve the Site; and (3) as otherwise expressly permitted by these Terms of Use.You agree that we may access, store, process, and use any information and personal data that you provide to us, following the terms of the Privacy Policy and your choices (including settings).
FEEDBACK
In the event you provide to us with an idea, suggestion, recommendation, or other feedback regarding the Site (collectively, the “Feedback”), you agree that we have the right to use, disclose, reproduce, license, distribute, exploit, and incorporate into the Site such Feedback as we see fit, without obligation (including any obligation to pay you) or restriction of any kind. By providing Feedback, you assign and license to us all, right, title, and interest in and to such Feedback, including any intellectual property rights related thereto.
U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Use.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our discretion, violates these Terms of Use, including without limitation, by reporting such user to law enforcement authorities; (3) in our discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) in our discretion and without notice or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
Any information that you provide to us is subject to our Privacy Policy. The Privacy Policy, which can be found at https://www.abstractapi.com/legal/legal#privacy, is incorporated into the Terms of Use by reference. You understand that by using the Site you consent to the collection and use of your information as detailed in that policy.
Further, please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
DATA PROCESSING ADDENDUM
To the extent your Contributions contain any Personal Data (as defined in the Data Processing Addendum) that is subject to Data Protection Laws and Regulations (as defined in the Data Processing Addendum) and we process that Personal Data on your behalf, the terms of the data processing addendum at [link to DPA] (“Data Processing Addendum”) apply. In such event, the Data Processing Addendum is incorporated into these Terms by reference, and you agree to comply with the Data Processing Addendum’s terms.
TERM AND TERMINATION
These Terms of Use will remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BY BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the Site’s Content at any time or for any reason at our discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site or the Content will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, and errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use or the Site (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rule”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in San Francisco, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute must be commenced or prosecuted in the state and federal courts located in San Francisco, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be Content on the Site that contains errors, inaccuracies, or omissions. We reserve the right (without the obligation) to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR THE SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE, OR OUR SUBSIDIARIES, AFFILIATES, AND ALL OF OUR RESPECTIVE OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE CONTENT OR THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act by you toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
DATA ATTRIBUTION
Certain Content throughout the Site may be used in connection with open source licenses from third parties. Please click here for the required attribution or license information.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use does not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
The Site is operated and provided by: team@abstractapi.com
PRIVACY POLICY
Last updated November 29, 2024
Thank you for choosing to be part of our community at Abstract API Inc (“Company”, “we”, “us”, or “our”). This Privacy Policy describes how we collect, use, store, secure, and share your information when you use or access our Site (as that term is defined in the Terms of Use, which is located at https://www.abstractapi.com/legal/legal#terms).
Please read this policy carefully so you understand what information we collect and how we use it. By using or accessing the Site or by clicking to accept this Privacy Policy when that option is made available to you, you agree to be bound by this Privacy Policy’s terms. This Privacy Policy applies to all users, regardless of whether you register an account.
1. WHAT INFORMATION DO WE COLLECT?
We collect various types of information, including information that identifies you or may identify you, in order to provide and improve the Site and to operate our business generally. What information we collect about you and how we collect that information is described below.
Information Provided by You
In Short: We collect information that you provide to us.
We collect information that you voluntarily provide to us when you register an account with the Site or otherwise submit to us in connection with the Site. The information we collect depends on the context of your interactions with us and the Site, the choices you make in connection with the Site, and the products and features you use. The information we collect includes the below information if and when you submit it:
- Contact Information (e.g., name, email address, postal address, phone number).
- Profile Information (e.g., username, password, preferences).
- Communications (e.g., responses to surveys, correspondences with customer service or other users).
- Marketing Information (e.g., preferences for receiving marketing communications, details about how you engage with marketing communications).
- Other Information voluntarily provided by you (e.g., other information that you voluntarily submit to the Site).
Information Collected Automatically
In Short: Certain information — such as IP address and browser and device characteristics — is collected automatically when you visit our Site.We may automatically log the following information about you, your computer, your mobile device, and your activity on the Site:
- Device Data (e.g., information about your computer or mobile device and operating system, including type and version number, manufacturer, and model, browser type, screen resolution, IP address, unique identifiers, and general location information).
- Usage and Performance Data (e.g., pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, duration of access, crash rates, launch times, hang rates).
We facilitate the collection of this information by using the following technologies:
- Cookies. We use cookies throughout the Site. Cookies are data files containing small amounts of information that are placed on your computer or device when you visit a website. Cookies are widely used by website owners to uniquely identify your browser and to store information or settings for a variety of purposes, such as to keep you logged into your account as you navigate between secure pages, to remember your preferences between sessions, to facilitate online advertising, and so on. You can prevent cookies from being set on your computer or device by adjusting the settings of your browser (see your browser “Help” for how to do this). However, be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the Site. Therefore, it is recommended that you do not disable cookies.
- Javascript libraries. These are snippets of code within the Site that execute when certain actions take place.
- Web beacons. Also known as pixel tags or clear GIFs, these are tiny graphics embedded invisibly on webpages and emails and are about the size of the period at the end of this sentence. This technology is used to demonstrate that a webpage or email was accessed or opened or that certain content within it was viewed or clicked.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and your consent.
We do not use your personal information, except as described in this Privacy Policy. We may use the information it collects for the following purposes:
- Delivery of the Site. We may use such information to provide the Site to you. For example, we may use such information to: set up your account; fulfill your requests for products and services; provide, operate, and maintain the Site; understand your needs and interests; provide you with a customized experience; provide customer service and support; respond to your inquiries; send communications, including confirmations, receipts, technical notices, updates, security alerts, and administrative messages; prevent fraudulent activity; comply with legal obligations and regulations applicable to the Site; and for any other purpose based on our legitimate interest in connection with providing the Site to you.
- General Operation of Services. We may use such information to: operate, improve, and administer the Site generally. For example, we may use such information to provide, maintain, and improve our website, develop new features of the Site, and to diagnose and fix technical problems.
- Research & Development. We may use such information for research and development purposes, including to analyze and improve the Site and our business and to develop other products and services. As part of these activities, we may create aggregated, de-identified, or other anonymous data from personal information. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for lawful business purposes.
- Analytics. We may use such information, in an aggregated form, to understand general information and trends related to our Site, such as how many users have visited its website during a given period of time, the types of devices these visitors are using, customer demographics, and so on. The information is not used to identify any individual and is used by us to help improve the Site and promote our business.
- Promotional Communications. We may use such information to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt-out of receiving any or all of these communications by following the instructions provided in any email sent to you or by following the unsubscribe link in those emails.
- Compliance & Protection. We may use such information to: protect our, yours, or others’ rights, privacy, safety, or property; audit its internal processes for compliance with legal or contractual requirements or internal policies; enforce our Terms of Use or other contracts; protect against, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft; and comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
- Other Purposes with Your Consent. We may use such information for some other purpose, provided you specifically consent to that other purpose.
3. WHO DO WE SHARE YOUR INFORMATION WITH?
In Short: We take your privacy seriously and do not share your personal information with third parties, except as described in this Privacy Policy. We will never sell your personal information to marketers.
We may share your information with third parties in the following circumstances:
- Your consent. We may share your information with your consent.
- Everyday Business Purposes. We may share your information with third parties in connection with providing the Site to you.
- Service Providers. We may share your information with third parties that provide services on your behalf, including services related to webhosting, analytics, promotion management, and ad serving. Unless otherwise stated in this policy, these service providers will be given access to your information only as is reasonably necessary to provide their services.
- Advertising Partners. We work with third-party advertising companies that collect, or may receive from us, information about your activity on the Site and other online services to help us advertise the Site.
- Affiliates. We may disclose your information to its subsidiaries and corporate affiliates for use consistent with this Privacy Policy.
- Compliance & Protection. We may preserve or disclose to third parties your information if it believes that doing so is reasonably necessary to: protect our, yours, or others’ rights, privacy, safety, or property; audit our internal processes for compliance with legal or contractual requirements or internal policies; enforce our Terms of Use or other contracts; protect against, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft; and comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
- Business Transfers. In the event that we are involved in a merger, acquisition, reorganization, sale of assets, or bankruptcy, your information may be sold or transferred as part of related transactions, and your information may be disclosed as part of the diligence process leading up to such transactions. However, the promises in this Privacy Policy will apply to your information as transferred to any new entity.
- Professional Advisors. We may disclose your information to professional advisors, such as lawyers, accountants, and insurers, where such disclosure is reasonably necessary in the course of the professional services such advisors are providing to us.
- Non-Private or Non-Personal Information. We may share your non-private, aggregated, or non-personal information with advertisers, publishers, business partners, sponsors, and other third parties.
4. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law.
We retain your information for as long as needed to provide the Site to you and as otherwise set forth in this Privacy Policy. If you wish to cancel your account or request that we no longer use your information to provide you services, contact team@abstractapi.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce its agreements.
5. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We take reasonable measures to protect your information from unauthorized access and against loss, misuse, and alteration by third parties. Although we make reasonable, good faith efforts to store the information collected through the Site in a private, secure operating environment, we cannot guarantee its absolute security during its transmission or its storage. Further, while we attempt to ensure the integrity and security of its network and systems, we cannot guarantee that our security measures will prevent third parties (e.g., “hackers”) from illegally accessing this information. As a result, we do not warrant that your information will be protected against loss, misuse, or alteration by third parties.
6. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the SITE, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site. If we learn that information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at team@abstractapi.com.
7. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws. If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
8. CAN YOU MODIFY YOUR PERSONAL INFORMATION?
You are responsible for maintaining the accuracy of any information you submit to us. If your personal information changes or if you no longer desire to use the Site, you may change or delete certain information by editing your account settings or by contacting team@abstractapi.com. We will respond to your request within 45 days. However, even after you cancel your account or request that your personal information be deleted, some information from your account may remain stored or viewable or used, but only in compliance with this Privacy Policy.
9. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
The California Consumer Privacy Act of 2018 (“CCPA”) provides California consumers with certain rights regarding their personal information. Those rights are described in Appendix A below.
11. DO WE MAKE UPDATES TO THIS POLICY?
In Short: Yes, we may update this policy from time to time.
We may update this Privacy Policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Policy frequently.
12. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, you may email us at team@abstractapi.com or by post to:
Abstract API Inc 2261 Market Street STE 5827, San Francisco, CA 94114 United States
APPENDIX A – CALIFORNIA RESIDENTS
This appendix (the “Appendix”) applies only to California residents. This Appendix describes (1) how we collect, use, and share Personal Information of California residents in operating its business and (2) the rights of California residents with respect to that Personal Information. For purposes of this Appendix, “Personal Information” has the meaning given to it in the CCPA (without including any exempted information).
Your California Privacy Rights.
You have the rights listed below. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law.
- Right to know about Personal Information collected, used, disclosed, or sold. You have the right to request that we disclose to you the categories of Personal Information that we collect or disclose (or have collected or disclosed in the past 12 months) about you, the categories of sources of such information, the business or commercial purpose for collecting your Personal Information, and the categories of third parties with whom we share or discloses your Personal Information.
- Right to request deletion of Personal Information. You have the right to request the deletion of your Personal Information that we have collected from you, subject to certain conditions and limitations under the law.
- Right to opt-out of the sale of Personal Information. You have the right to opt-out of the sale of your Personal Information. As described in more detail below, we do not sell Personal Information to third parties for their commercial purposes as defined under the CCPA.
- Right to non-discrimination for exercising a consumer privacy right. You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as: denying you services; increasing the price/rate of services; or decreasing service quality.
How to exercise your California Privacy Rights.
You may submit a request to exercise your above-described rights by emailing team@abstractapi.com. You will need to verify your identity before we will be able to process your request, and we reserve the right to confirm your California residency. Government identification may be required. You can designate an authorized agent to make a request on your behalf, but we will need to verify both your and your agent’s identities and your agent must provide valid power of attorney or other proof of authority acceptable to us. We cannot process your request if you do not provide sufficient detail to allow us to understand and respond to it. We will work to respond to your verifiable request within 45 days of receiving it. In certain cases, we may be required or permitted by law to deny your request.
Abstract does not sell your Personal Information.
Based on our current understanding of the CCPA, we do not “sell” your Personal Information as defined in the CCPA. However, like many companies online, we use services provided by Google, Facebook, and other advertising companies that track website visitor activity to help deliver interest-based ads to those visitors. We describe this in more detail in the above Privacy Policy.
Personal Information We collect, use, and disclose.
The specific details of the categories of Personal Information that we collect from you is described in Section 1 of the above Privacy Policy.
The specific details of how we use the categories of Personal Information that we collect from you is described in Section 2 of the above Privacy Policy.
The specific details of how we disclose the categories of Personal Information that we collect from you is described in Section 3 of the above Privacy Policy.