API TERMS OF SERVICE AGREEMENT

Thank you for using the forgood Social Network (Pty) Ltd (“for good”) Application Program Interface, (“API”). By accessing or using our API, you are agreeing to the terms below. If there is a conflict between these terms and additional agreement(s) applicable to the API, the additional agreement(s) will control for that conflict. Collectively, the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines provided to you that govern the use of the API as the “Terms.” You agree to comply with the Terms and agree that the Terms control your relationship with us. If you use the API as an interface to, or in conjunction with other forgood products or services, then the terms for those other products or services apply additionally. Under the Terms, “forgood” means forgood Social Network (Pty) Ltd., with offices at Dunkeld West Centre, Corner Jan Smuts & Bompas, Dunkeld, Johannesburg, South Africa unless set forth otherwise in additional terms applicable for a given API. We may refer to “forgood” as “we”, “our”, or “us”.

1. Accepting the Terms

You may not use the API and may not accept the Terms if (a) you are not of legal age to form a binding contract with forgood, or (b) you are a person barred from using or receiving the API under the applicable laws of South Africa or other countries including the country in which you are resident or from which you use the API. If you are using the API on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).  You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws. You will not use the API to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with forgood (or its affiliates). You will require your end users to comply with applicable law, regulation, and the Terms when using the API. Your end users include affiliates, agents, contractors and third parties that use the API on your behalf.

2. Registration

In order to access the API you may be required to provide certain information (such as identification or contact details) as part of the registration process for the API, or as part of your continued use of the API. Any registration information you give to forgood will always be accurate and up to date and you’ll inform us promptly of any updates.

3. Permitted Access

You will only access (or attempt to access) the API by the means described in the documentation of the API. If forgood assigns you developer credentials and permissions, you must use such credentials and permissions strictly for the purposes for which they were provided. You will not misrepresent or mask either your identity or your Platform’s identity when using the API or developer accounts. forgood sets and enforces limits on your use of the API (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with the API. If you would like to use any API beyond these limits, you must obtain forgood’s express consent (and forgood may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use).

4. Open Source Software

Some of the software required by or included in our API may be offered under an open source license. Open source software licenses constitute separate written agreements. Relevant open source software are listed in the documentation. To a limited extent, in accordance with the content of the licence, the open source software license expressly supersedes this agreement and the open source license instead sets forth your agreement with forgood or third parties online to the extent applicable for the relevant open source software.

5. Communication with forgood

We may send you certain communications in connection with your use of the API. Please review the Website Terms of Service for opting out of certain types of communication.

6. Non-Exclusivity

The Terms are non-exclusive. You acknowledge that unless otherwise agreed in writing, forgood may develop products or services that may compete with your Platforms or any other products or services.

7. API Platforms, Monitoring

The API are designed to help you enhance your related websites/portals (Platforms) and applications. YOU AGREE THAT FORGOOD MAY MONITOR USE OF THE API TO ENSURE QUALITY, IMPROVE FORGOOD PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include forgood accessing and using your Platform, for example to identify security issues that could affect forgood or its users. You will not interfere with this monitoring. forgood may use any technical means to overcome such interference. forgood may suspend access to the API by you or your Platform without notice if we reasonably believe that you are in violation of the Terms.

8. Ownership

forgood does not acquire ownership in your Platforms, and by using the API, you do not acquire ownership of any rights in the API or the content that is accessed through our API. All third party rights in open source software or other aspects of the API as provisioned to you remain vested in such third party. No transfer of ownership of any rights including intellectual property rights associated with the API shall occur unless agreed in writing between the relevant parties.

9. User Privacy and Platforms

You will use commercially reasonable efforts to protect user information collected by your Platform, including personally identifiable information (“PII”), from unauthorised access or use and will promptly report to your users any unauthorised access or use of such information to the extent required by applicable law. You will comply with all applicable privacy laws and regulations including those applying to PII. You will provide and adhere to a privacy policy for your Platform that clearly and accurately describes to users of your Platform what user information you collect and how you use and share such information (including for advertising) with forgood and third parties. By using the API, forgood may use submitted information in accordance with our Privacy Policy.

10. API Prohibitions

  • When using the API, you may not (or allow those acting on your behalf to):
  • 10.1
    Sublicense an API for use by a third party. Consequently, you will not create an Platform that functions substantially the same as the API and offer it for use by third parties.
  • 10.2
    Perform an action with the intent of introducing to forgood products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
  • 10.3
    Defame, abuse, harass, stalk, or threaten others.
  • 10.4
    Interfere with or disrupt the API or the servers or networks providing the API.
  • 10.5
    Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
  • 10.6
    Reverse engineer or attempt to extract the source code from the API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
  • 10.7
    Use the API for any activities where the use or failure of the API could lead to death, personal injury, or environmental damage.
  • 10.8
    Remove, obscure, or alter any forgood terms of service or any links to or notices of those terms.

11. Confidential Matters

  • 11.1
    Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your Platform. You will keep your credentials confidential.
  • 11.2
    Our communications to you and the API may contain forgood confidential information. forgood confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without forgood’s prior written consent. forgood confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose forgood confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we do not receive notice.

12. Content Accessible Through our API

The API contains some third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Finally, content accessible through our API may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.

13. Submission of Content

Some of our API permits the submission of content. forgood shall acquire the intellectual property rights in the content that you submit to our API through your Platform, except as expressly agreed with forgood otherwise. Where forgood does not acquire such rights, you give forgood a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the API through your Platform. “Use” means use, host, store, modify, communicate, and publish. You specifically agree that such content submitted will be used by forgood post termination of end user profiles. Before you submit content to the API through your Platform, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant forgood the license. When a user’s non-public content is obtained through the API, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.

14. Prohibitions on Content

  • Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the API:
  • 14.1
    Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
  • 14.2
    Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
  • 14.3
    Misrepresent the source or ownership; or
  • 14.4
    Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

15. Brand

“Brand “ is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party’s Brand. All use by you of forgood’s Brand (including any goodwill associated therewith) will inure to the benefit of forgood. You agree to display any attribution(s) required by forgood as described in the documentation for the API. You will not make any statement regarding your use of the API which suggests partnership with, sponsorship by, or endorsement by forgood without forgood’s prior written approval. In the course of promoting, marketing, or demonstrating the API you are using and the associated forgood products, forgood may produce and distribute incidental depictions, including screenshots, video, or other content from your Platform, and may use your company or product name. You grant us all necessary rights for the above purposes.

16. Termination

You may stop using the API at any time with or without notice. Further, if you want to terminate the Terms, you must provide forgood with prior written notice and upon termination, cease your use of the API. forgood reserves the right to terminate the Terms with you or discontinue the API or the portion or feature or your access thereto for any reason and at any time without liability or other obligation to you. Upon any termination of the Terms or discontinuation of your access to the API, you will immediately stop using the API, cease all use of the forgood Brand, and delete any cached or stored content.

17. Surviving Provisions

When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: 11,18,19 and 20 .

18. WARRANTIES

EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER FORGOOD NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE API. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE API, THE SPECIFIC FUNCTIONS OF THE API, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE API “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.

19. LIMITATION OF LIABILITY

WHEN PERMITTED BY LAW, FORGOOD, AND FORGOOD’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FORGOOD, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. IN ALL CASES, FORGOOD, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

20. Indemnification

  • Unless prohibited by applicable law, you will defend and indemnify forgood, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
  • 20.1
    your misuse or your end user’s misuse of the API;
  • 20.2
    your violation or your end user’s violation of the Terms; or
  • 20.3
    any content or data routed into or used with the API by you, those acting on your behalf, or your end users.

21. Modification

We may modify the Terms or any portion to, for example, reflect changes to the law or changes to the API. forgood will provide the date of effect of modifications to the Terms within the documentation of the API, to this website. Modified versions will be effective immediately on date and time of publication. If you do not agree to the modified Terms for the API, you should discontinue your use of the API. Your continued use of the API constitutes your acceptance of the modified Terms.

22. General Legal Terms

  • Your use of the API may be subject to specific additional terms, obligations and restrictions as otherwise agreed with forgood and in connection with the nature of the service option. Unless otherwise agreed:
  • 22.1
    Should you have a free option (as in no fees payable for use) you will be entitle to publish your content on your Platform but in order to conclude certain activities you will need to access and use the public platform on forgood.co.za and is subject to additional Terms of Service governing such platform.
  • 22.2
    Should you have a paid option you will have credentials and the ability to back to the API, initiate (set up) end user profiles for instance. User activity will however be published onto the public platform using a designated user identity as agreed such as “Business Client User”.
  • If it turns out that a particular term is not enforceable, this will not affect any other terms. For information about how to contact forgood, please find our contact information below:
  • Website: www.forgood.co.za
  • Tel: 011 325 2594
  • Email: contact@forgood.co.za

Except as set forth below: (i) the laws of South Africa, will apply to any disputes arising out of or related to the Terms or the API and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE API WILL BE LITIGATED EXCLUSIVELY IN THE APPROPRIATE COURTS OF JOHANNESBURG, SOUTH AFRICA AND YOU AND FORGOOD CONSENT TO JURISDICTION OF THOSE COURTS.

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