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Terms of usePLANYO API Terms of use By using the Planyo API, you agree to the terms below. If you disagree with any of these terms, Planyo does not grant you a license to use the API. We reserve the right to update and change these terms without notice. The Planyo API is owned by Planyo.com and its parent company Xtreeme GmbH. (hereinafter "Planyo") and is licensed to you on a worldwide, non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. Your license to the Planyo API under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of the API. Planyo may terminate the license at any time for any reason. Your rights to use the Planyo API terminate automatically if (i) you violate any of these terms, (ii) Planyo sends a written notice of termination to you, or (iii) Planyo disables access to the Planyo API to you. 1. Licensed Uses and Restrictions. You shall not: (i)Use Planyo API for any application that replicates or attempts to replace the essential user experience of Planyo.com (ii)Use the API for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code (iii)Use Planyo API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality (iv)Use Planyo API in a manner that adversely impacts the stability of Planyo.com servers or adversely impacts the behavior of other applications using the Planyo API 2. Fees and payments Planyo is committed to free and open access to our API for commercial and non-commercial purposes. However, providing the API does have real costs for Planyo. For uses of the API over a certain rate or for certain types of commercial applications, Planyo reserves the right to charge fees for future use of or access to the Planyo API. 3. Disclaimer of Any Warranty. PARTS OF THE PLANYO API MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. PLANYO DOES NOT REPRESENT OR WARRANT THAT THE PLANYO API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE API IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND PLANYO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF PLANYO API IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE PLANYO API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. 4. Limitation of Liability. PLANYO 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 PLANYO 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 PLANYO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL PLANYO BE LIABLE TO YOU FOR ANY AMOUNT. 5. Hold Harmless and Indemnity. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Planyo and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of the API, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Planyo shall use good faith efforts to provide you with written notice of such claim, suit or action.
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