Terms of Service

Last Updated: November 2024

IMPORTANT – PLEASE READ CAREFULLY:

These Terms of Service ("Terms") outline the conditions under which bookoly ("bookoly," "we," or "us") grants you ("you" or "user") the right to access and use our application programming interfaces ("APIs") and services. By registering or accessing our APIs, you represent that you: (i) have the authority to bind the entity using the APIs, and (ii) have read, understood, and agree to these Terms unless otherwise specified in a separate written agreement between you and bookoly.

We may revise these Terms from time to time. By continuing to access and use our APIs after any updates, you agree to the latest version of the Terms. If you do not agree to the modifications, you must discontinue your use of the APIs.

1. Definitions

  • Application: Any software, product, service, or website you develop, own, or operate that interacts with any bookoly API.
  • bookoly Brands: The name, logos, and other marks representing the services and APIs provided by bookoly.
  • Confidential Information: Nonpublic information related to the APIs, products, services, or any other aspect of bookoly’s business, disclosed to you through various means and deemed confidential by bookoly.

2. Registration

To access or use an API, you must: (i) complete the online registration; (ii) electronically accept these Terms; and (iii) register each Application that will use the API. bookoly reserves the right to approve or reject any registration at its sole discretion.

You are responsible for ensuring that your registration data is accurate, complete, and up-to-date. If any of your information is found to be inaccurate or incomplete, bookoly reserves the right to revoke your access to the APIs.

3. Licenses and Restrictions

  • API License: Subject to these Terms, bookoly grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the APIs for developing, testing, and supporting your Application.
  • Restrictions: You must not modify, create derivative works of, reverse engineer, or use the APIs for unlawful purposes. You also agree not to sell, resell, or engage in abusive use of the APIs, as determined by bookoly.

4. Proprietary Rights

bookoly retains all rights, title, and interest in the APIs, services, and bookoly brand. You agree not to use or register any trademark, service mark, or domain name that is similar to or could be confused with those owned by bookoly.

5. Termination

bookoly reserves the right to modify, suspend, or discontinue any API, or terminate your access at any time, with reasonable notice where possible, except in the case of serious breaches. Upon termination, you must immediately stop using the APIs and cease displaying any reference to the bookoly brand.

6. Independent Development

bookoly may independently develop applications, products, or services similar to or competitive with your Application, without any obligation or liability to you.

7. Confidentiality

You agree not to disclose bookoly’s Confidential Information or use it for any purpose other than as required to fulfill your obligations under these Terms. Confidentiality obligations shall survive the termination of these Terms for a period of five (5) years.

8. Warranties

The APIs are provided "AS IS" and "AS AVAILABLE". While bookoly strives to maintain reasonable availability and quality, bookoly makes no warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

bookoly will not be liable for any indirect, special, consequential, or incidental damages, including loss of data or profits. bookoly's total liability is limited to the amount of one monthly subscription fee, regardless of the legal theory under which the claim is brought. This limitation applies to both direct and indirect damages, including lost profits or other consequential damages.

10. Indemnification

You agree to defend, indemnify, and hold harmless bookoly, its affiliates, officers, and employees from any claims, damages, or liabilities arising from your unlawful use of the APIs, your breach of these Terms, or any violation of third-party rights.

11. Governing Law

These Terms are governed by the laws of Germany. Any disputes arising from these Terms will be settled in the courts of Germany.

12. Miscellaneous

  • Relationship: These Terms do not create a partnership, joint venture, or employment relationship between you and bookoly.
  • Assignment: You may not assign your rights or delegate your duties under these Terms without prior written consent from bookoly.
  • Force Majeure: Neither party will be liable for any failure to perform due to circumstances beyond its reasonable control.
  • Entire Agreement: These Terms constitute the complete agreement between you and bookoly regarding the use of the APIs and supersede any prior agreements or understandings.