THIS CUSTOMER AGREEMENT IS A BINDING AGREEMENT BETWEEN WHIRLSCAPE INC. (“Whirlscape”) AND YOU, AND IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, “YOU”).
The Dango Text to Emoji API is owned by Whirlscape and is licensed to you on a non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. These terms define legal use of the Dango Text to Emoji API and all updates or revisions. We reserve the right to update and change these terms from time to time without notice. All rights not expressly granted to you are reserved by Whirlscape.
The Dango Text to Emoji API is a service that allows you to receive automated predictions of emoji based on natural language queries. The Dango API is delivered over HTTP and is hosted on equipment operated by Whirlscape. The current developer documentation for the Dango API can be viewed at http://getdango.com/api-docs/
This agreement will commence once you agree to the Dango Text to Emoji API terms upon signup. It will remain in effect until terminated by you or Whirlscape in accordance with the terms outlined below.
Upon termination of this agreement for any reason: (i) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination; (ii) all of your rights under this agreement shall immediately terminate.
Whirlscape owns all rights, title, and interest in and to the Dango Text to Emoji API. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Whirlscape, including (but not limited to) the Dango Text to Emoji API and Whirlscape trademarks. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms.
Whirlscape provides support for the Dango Text to Emoji API only. Any integration with your systems remains your responsibility. Whirlscape will endeavour to address service interruptions in a timely manner. Whirlscape shall use commercially reasonable efforts to provide email support to API users. Email support means the ability to make requests for technical support assistance by email at any time concerning the use of the API services.
The Dango Text to Emoji API is billed monthly in advance. Every HTTP GET call sent to the API endpoint is counted as one (1) query. Every monthly plan includes a quota of monthly queries which can be made without additional payment, as outlined at http://getdango.com/api/
Once the monthly quota outlined in the plan is exceeded, additional queries will be charged on a per-call basis and added automatically to the next month’s invoice. We reserve the right to cut off API access if the number of calls that you make significantly exceeds your plan’s quota. We recommend that you ensure that your monthly plan’s quota is sufficient for your needs.
WHIRLSCAPE DOES NOT REPRESENT OR WARRANT THAT THE DANGO TEXT TO EMOJI API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE DANGO TEXT TO EMOJI API IS PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND WHIRLSCAPE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF THE DANGO TEXT TO EMOJI API IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE DANGO TEXT TO EMOJI API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
WHIRLSCAPE 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 DANGO TEXT TO EMOJI 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 WHIRLSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL WHIRLSCAPE’S AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Whirlscape, and its subsidiaries, affiliates, officers, agents, licensers, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Dango Text to Emoji API. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any law principle of similar effect, to the fullest extent permitted by law.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Whirlscape and its subsidiaries, affiliates, officers, agents, licensers, 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 Dango Text to Emoji API, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgements, litigation costs and attorneys’ fees, of every kind and nature. Whirlscape shall use good faith efforts to provide you with written notice of such claim, suit or action.