Optimizely API Terms for Customers
Thanks for your interest in the Optimizely REST API (the "API")! Use of the API is subject to the following terms and conditions (these "API Terms"). In these API Terms, you are referred to as "you" or "Customer". If you are agreeing to these API Terms not as an individual but on behalf of your company, then "you" or "Customer" means your company and you are binding your company to these API Terms. By applying for an Optimizely API Token or using the API, you agree to by bound by these API Terms.
1. API Usage
The API is only for use by or on behalf of existing customers of Optimizely products (the "Optimizely Products"). Subject to these API Terms, you may use the API to read, access, transmit and manipulate your data ("Customer Data") from your Optimizely Product accounts and manage your use of the Optimizely Products, all as permitted through the functionality of the API and in accordance with Optimizely's standard API documentation. Your use rights are limited, non-exclusive, non-sublicenseable, non-transferable, and revocable. You may permit your agents and contractors, certain third party applications or other third parties ("Permitted Users") to exercise your use rights on your behalf, provided you remain responsible for their compliance with these API Terms and their usage of the API on your behalf.
2. API Access
To access the API, you must either apply for and receive an Optimizely API Token or grant access to a third party application through the Optimizely Product, which Optimizely may grant in its discretion. You must keep your key and any login information confidential.
3. Your Responsibilities; Disclaimers
The API is provided "AS IS" and use of the API is at your own risk. You are solely responsible for your and all Permitted Users' use of the API and how you and all Permitted Users use the API to manage your Customer Data and Optimizely Products, including any decision to retrieve Customer Data or transmit Customer Data to any non-Optimizely platform or system. Optimizely is not responsible in any way for Customer Data once it is transmitted, copied or removed from the Optimizely Products. OPTIMIZELY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE API OR ITS USE.
4. Limitations of Liability
OPTIMIZELY WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY RELATED TO THE API OR ITS USE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY. IF THE FOREGOING DISCLAIMER OF DIRECT DAMAGES IS NOT ENFORCEABLE AT LAW, OPTIMIZELY'S ENTIRE AGGREGATE LIABILITY UNDER THESE API TERMS WILL BE LIMITED TO ONE HUNDRED DOLLARS (US$100). THESE LIMITATIONS ON LIABILITY WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
5. Ownership and Restrictions
Optimizely owns all rights in the API, including intellectual property rights, and does not grant you any right or license in these API Terms except for the limited use right above. You may not (or allow anyone else to): (a) modify, reverse engineer, create any derivative works of, distribute, sell or sublicense the API; (b) submit any viruses, worms or other harmful code using the API; (c) access the API for competitive purposes or analysis; (d) attempt to interfere with the proper working of the API or Optimizely Products, compromise their integrity or security, or decipher any transmissions to or from Optimizely servers; or (e) disseminate performance information (including uptime, response time and/or benchmarks) relating to the API or Optimizely Products.
6. Changes and Termination
At any time in its discretion, Optimizely may (a) update, modify or discontinue the API or impose limits on your use of the API, (b) modify these API Terms, effective upon posting or (c) terminate or suspend these API Terms or your access to the API; unless your API access is guaranteed pursuant to a separate agreement you have with Optimizely. If you do not agree with any modification, your sole remedy is to terminate your use of the API. Upon any termination or suspension, you must stop using the API.
7. Other Agreements
Nothing in these terms and conditions modifies any separate agreement you have with Optimizely for use of the Optimizely Product, but in the event of any conflict relating to the API or its use, these API Terms will control.