The WorldMate Email Parsing API Terms of Service

(August 28th, 2020)

Thank you for your interest in the WorldMate Application Program Interface which will enable you to incorporate travel itinerary details into your website, mobile app, or other services (the "WorldMate Email Parsing API"). These Terms of Service (the "Terms" or the "Agreement") shall govern your usage of The WorldMate Email Parsing API in all respects (the "Usage"). Please read the Terms prior to downloading and using the WorldMate Email Parsing API. You agree to be bound by the terms and conditions of this Agreement, and this will be a legally binding agreement between you and WorldMate. If you do not agree with any of the terms contained in this Agreement, please do not install nor use the WorldMate Email Parsing API. If you do not agree with any of the terms contained in this Agreement and have already downloaded the WorldMate Email Parsing API, please uninstall it now.

You may find additional technical terms and information with respect to the current form of the WorldMate Email Parsing API contained in the WorldMate Email Parsing API Documentation located at developers.worldmate.com, which is subject to change from time to time.

References in this Agreement to "you" or "your" refer to both you and any person or entity on whose behalf you act, if any.

1. Grant of License

1. WorldMate LLC.("WorldMate") grants you a license to use the WorldMate Email Parsing API, on a personal, worldwide, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable basis subject to the terms and limitations set forth in these Terms (the "License") and solely for the purpose of extracting the details contained in travel confirmation emails for use within your applications or services.("Applications")

2. Your use of the WorldMate Email Parsing API is subject to these Terms, entered into effect between you and WorldMate, LLC. located at 701 Carlson Parkway, Minnetonka, MN 55305.

3. The WorldMate Email Parsing API is protected by intellectual property laws and other property rights and laws of the United States and other countries.

4. You will not acquire any right, title or interest in and to the WorldMate Email Parsing API, WorldMate trademarks, or any other intellectual property owned or licensed by WorldMate, by entering into this Agreement or otherwise by the Usage.

5. You represent that you have full power and authority to accept these Terms. If you are accepting the Terms on behalf of your employer, you represent that you have full legal authority to bind your employer to these Terms.

6. In order to use the WorldMate Email Parsing API, you must check the box to indicate your agreement to the terms and conditions of the WorldMate Email Parsing API and sign up for a WorldMate Developer Account, by which you express your acceptance and agreement to these Terms.

7. If you do not agree to any of the Terms, WorldMate does not grant you the License to use the WorldMate Email Parsing API.

8. WorldMate reserves the right to make changes to the Terms from time to time and will make available a copy of the most recent Terms on
   https://developers.worldmate.com/terms.php Your continued use of the Worldmate Email Parsing API following such changes to the Terms constitutes your acceptance of the updated Terms.

9. WorldMate, in its sole and absolute discretion, may choose to alter, suspend or cease any aspect and/or component of the WorldMate Email Parsing API or discontinue any service that may be available by the WorldMate Email Parsing API entirely. In such event, WorldMate shall make reasonably commercial efforts to notify you of such change, by a prior notice to the email address you provided when registering your Developer Account for the WorldMate Email Parsing API. You shall maintain accurate details of your registered email address in your Developer Account during the course of this Agreement

10. You shall not charge others to use or access the WorldMate Email Parsing API directly, but you may charge others to use or access your Applications.

11. The License to use the WorldMate Email Parsing API is only for use by applications that provide service directly to the end-user customer and not to third-parties providing services to the end-user customer. For the sake of clarity, this License restricts you from providing a service or data resulting from the WorldMate Email Parsing API to a third-party service through any means such as a server-to-server interface.

12. All rights not expressly granted hereunder are reserved by WorldMate and its licensors retain all ownership of the WorldMate Email Parsing API.

1. In order to access and use the WorldMate Email Parsing API, you must register for a WorldMate Developer Account. You agree that any information you give to WorldMate in connection with your WorldMate Developer Account or use of the WorldMate Email Parsing API will be accurate and up to date.

2. WorldMate will provide you with an application identification key (“the WorldMate Email Parsing API Key”) which you will incorporate into your Application.

3. You may only create a single WorldMate Email Parsing API Key and may not transfer it to any third party or allow usage thereof by any third party.

4. WorldMate may limit your use of the WorldMate Email Parsing API Key or the number of API calls made per duration as described and set forth in the section entitled API Usage Limits and contained in the current version of the WorldMate Email Parsing API Documentation, which describe these limits ("API Usage Limits").

5. WorldMate may charge you for using the WorldMate Email Parsing API in the future, in its sole and absolute discretion. If WorldMate so decides, it shall provide you with a notice prior to the respective change in these Terms, to the email you provided when registering for the WorldMate Email Parsing API.

4. Your Obligations And Restrictions

1. You agree to:

   1. Comply with all terms of the WorldMate Privacy Policy and the WorldMate Email Parsing API Documentation.

   2. Not violate the rights of any third party in connection with your use of WorldMate's Email Parsing API.

   3. Comply with all applicable laws, including but not limited to data protection and privacy laws, which may affect your use of the WorldMate Email Parsing API.

   4. Retain sole responsibility for receiving and securing clear, express consent from your users, granting you permission to access the users' travel confirmation emails.

   5. Comply with the Attribution requirements as set forth in Section 5.

2. Any breach of the restrictions set forth in this Agreement will immediately terminate your License to use the WorldMate Email Parsing API as set forth in these Terms. You are restricted from and will not assist or enable others to:

   1. Hide your identity when accessing the WorldMate Email Parsing API or making API calls.

   2. Copy, modify, reverse engineer, decompile or otherwise attempt to extract the source code of the WorldMate service or any part thereof.

   3. Use any of the WorldMate Email Parsing API features to violate applicable laws, any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

   4. Use the WorldMate Email Parsing API in connection with or in promotion of products or services that constitute or promote spyware, adware, viruses, worms, defects, Trojan horses or any other malicious code or otherwise in a manner that is abusive.

   5. Use the WorldMate Email Parsing API in a manner that will negatively impact the stability of WorldMate’s website, mobile apps or third party licensees of the WorldMate Email Parsing API.

   6. Wrap, sell, lease, distribute or sublicense access and rights to use WorldMate

   7. Sell, lease, distribute, or sublicense the data obtained from the WorldMate Email Parsing API for use by a third-party service.

      Email Parsing API directly or as part of any Application that substantially reproduces an application or service offered by WorldMate.

   8. Access the Worldmate Email Parsing API in order to monitor its availability or functionality, or for any other competitive purpose. This does not restrict Licensee from developing email parsers for Licensee's business.

   9. Collect or store any of WorldMate's application user data or make any attempt to obtain it.

   10. Use the WorldMate Email Parsing API to violate the security of any computer network, mobile device, social networks, crack passwords or security encryption codes.

   11. Use the WorldMate Email Parsing API for any illegal or unauthorized purpose (international users agree to comply with laws in their jurisdiction regarding online conduct and acceptable content).

   12. Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on WorldMate's technology infrastructure.

   13. Attempt to gain unauthorized access to the WorldMate’s or any third party’s computer systems, mobile devices or networks connected to the WorldMate Email Parsing API or to other users' accounts on social networks through hacking, assword mining or any other means.

   14. Use the WorldMate Email Parsing API in violation of the Terms.

5. Attribution

1. WorldMate grants you a revocable worldwide, royalty-free, non-transferable, non-assignable, non-sublicensable, and non-exclusive license to display WorldMate’s logo, trademarks, trade names, service marks, and other distinctive brand features (“WorldMate Brand”) solely for the purpose of attributing your authorized use of the WorldMate Email Parsing API in connection with your Application.

2. You agree to display the WorldMate Brand only in accordance with the current Attribution Guidelinesavailable at developers.worldmate.com and any other directions provided by WorldMate from time to time..

3. You shall not remove any copyright, trademark, proprietary right, disclaimer or other warning notice included in or embedded in any part of the WorldMate Email Parsing API.

6. Marketing Rights

1. You grant WorldMate a revocable, worldwide, royalty-free, non-transferable, and non-exclusive license to use your brand, logo, trademarks, trade names, service marks, and other distinctive features to publicize or advertise your use of the WorldMate Email Parsing API.

2. You represent and warrant to WorldMate that you have all the rights, power, and authority necessary to grant the above license

   
   

7. Support

1. On the date hereof, the WorldMate Email Parsing API is provided without any maintenance or support services, unless you choose to upgrade to the premium tier of service as described in the WorldMate Email Parsing API Premium Tier., the terms of which are attached hereto as an Addendum.

2. WorldMate may elect to provide you maintenance or support services even if you have not chosen to upgrade to the premium tier, in its sole and absolute discretion. However, WorldMate has the sole discretion to terminate this support without any notice to you and at any time.

   
   

8. Warranty

THE WORLDMATE EMAIL PARSING API IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITH ALL FAULTS, WITH NO WARRANTY, STATUTORY, EXPRESS OR IMPLIED, OF ANY KIND, AND WORLDMATE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR REQUIREMENTS, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF WORLDMATE'S EMAIL PARSING API IS SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE WORLDMATE EMAIL PARSING API, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. WORLDMATE DOES NOT REPRESENT OR WARRANT THAT THE WORLDMATE EMAIL PARSING API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, UPDATED, COMPLETE, SECURE, AVAILABLE AT ALL TIMES OR OTHERWISE VALID.




WORLDMATE FURTHER DISCLAIMS ALL REPRESENTATIONS OR WARRANTY THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE OR APPLICATION PROVIDED TO YOU AS PART OF THE USAGE WILL BE CORRECTED AND THAT ANY CONTENT OR APPLICATION AVAILABLE AT OR THROUGH WORLDMATE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY WORLDMATE EMPLOYEE, REPRESENTATIVE OR DISTRIBUTOR OR OTHERWISE BY THE WORLDMATE EMAIL PARSING API SHALL CREATE ANY WARRANTY FOR WORLDMATE EMAIL PARSING API, ITS USAGE OR OTHERWISE, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WORLDMATE AND ITS LICENSORS EXPLICITLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE WORLDMATE EMAIL PARSING API.

9. Limited Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORLDMATE AND/OR ANYONE ON ITS BEHALF (INCLUDING WITHOUT LIMITATION ITS AFFILIATES, DIRECTORS, EMPLOYEES, LICENSORS OR PARTNERS) OR IN RELATION THEREWITH, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR TO ANYONE ELSE FOR YOUR INSTALLATION AND/OR USE OF WORLDMATE'S EMAIL PARSING API, OR RELIANCE ON ANY USAGE MADE WITH IT, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH USE OF WORLDMATE'S EMAIL PARSING API (INCLUDING WITHOUT LIMITATION THE COST OF COVER, DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS OR GOODWILL AND ANY OTHER INTANGIBLE LOSS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT WORLDMATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT.

UNDER NO CIRCUMSTANCES SHALL WORLDMATE BE LIABLE TO YOU FOR ANY AMOUNT.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

WORLDMATE EXPRESSLY REPRESENTS THAT IT SHALL NOT BE LIABLE FOR: ANY LOSS OR DAMAGE AS A RESULT OF INACCURATE INFORMATION; ANY CHANGES IT MAY MAKE TO THE WORLDMATE EMAIL PARSING API OR USAGE THEREOF; ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE USAGE (OR ANY FEATURES WITHIN IT) AND WORLDMATE’S EMAIL PARSING API; ANY DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USAGE; ANY VIRUSES (REGARDLESS OF THE SOURCE OF ORIGINATION); ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER, PRODUCT OR SERVICE THAT YOU MAY BE OPERATING THROUGH THE WORLDMATE EMAIL PARSING API FROM HARMFUL COMPONENTS THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF SUCH USAGE.

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE INSTALLATION AND/OR USAGE OF THE WORLDMATE EMAIL PARSING API, BY YOU.

10. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless WorldMate and anyone acting on its behalf, including without limitation its subsidiaries, agents, managers, partners, and other affiliated companies, and, without limitation, their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to, attorney's fees) arising from or in any way related to: (i) your Usage of (and misuse) and access to the use of the WorldMate Email Parsing API, including any data or content transmitted, sent or received by you (also in the event that such data or content were, at any time during the Usage, lost, deleted or corrupted in any manner preventing you from using such data or content); (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights (but not in the event such rights were violated by WorldMate or WorldMate’s third party vendors or hosting providers); (iv) your violation of any law, rule or regulation of United States or any other country; (v) any other party’s access and use of the WorldMate Email Parsing API in connection with your Usage; or (vi) any claim or damages that arise as a result of your submission to WorldMate of any Content (as defined below).

11. Termination

1. These Terms will continue to apply and govern your use of the WorldMate Email Parsing API until terminated by you or WorldMate as set forth herein.

2. You may terminate your legal agreement with WorldMate by providing written notice to WorldMate at developers@worldmate.com and by removing the WorldMate Email Parsing API code from your Application.

3. WorldMate may, at any time and without any reason, in its sole and absolute discretion, terminate its agreement with you or cease to provide any or all of the WorldMate Email Parsing API and related services (if any) without notice. WorldMate may, in any event that it regards as a breach of these Terms in its sole and absolute discretion, terminate your WorldMate Developer Account, in addition to all other remedies available to it pursuant to these Terms and any applicable law.

   
   

12. Content

By inputting or submitting content to the WorldMate Email Parsing API, or sending us information in connection with the Usage ("Content"), you automatically represent and warrant to WorldMate that the owner of such Content has expressly granted WorldMate a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, collect, store, modify, transmit, perform and display the Content for WorldMate's routine operations. WorldMate may combine any Content you provide with information from other users to create aggregated data ("Aggregated Data") WorldMate represents that Aggregated Data will not contain any personally identifiable information. Aggregated Data shall be the property of WorldMate. WorldMate retains the right to disclose Aggregated Data to third parties. WorldMate will not contact your users who exclusively disclosed their contact details to WorldMate via your use of the WorldMate Email Parsing API. WorldMate will, as soon as reasonably practical, delete the personally identifiable information of any of your users unless that information is separately procured by WorldMate

You hereby acknowledge that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to use the WorldMate Email Parsing API. The technical processing and transmission of any Content in connection with the Usage, may be transferred unencrypted and involve (a) transmissions over various networks and in various media; and (b) changes and adaptations to Content to conform and adapt to technical requirements of connecting networks, devices, services or media.

We claim no intellectual property rights over the Content and any other material you obtain or create by the Usage and you retain copyright and any other rights you may rightfully hold in any such Content or material.

If you have contributed your Content to WorldMate, you recognize that violation of these Terms may result in loss of access to your Content. WorldMate does not pre-screen Content. However, WorldMate and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any Content that is available via the Usage. Without limiting the foregoing, WorldMate and its designees may disable, restrict access to or the availability of, any Content that violates these Terms, any applicable law or is otherwise objectionable. You shall evaluate, and bear all risks associated with, the use and sharing of any Content, including any reliance on the accuracy, integrity, quality or usefulness of such Content.

13. General Terms

1. You agree that WorldMate may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the webpage on WorldMate's website related to the WorldMate Email Parsing API.

2. You agree that if WorldMate does not exercise or enforce any legal right or remedy available to it under the Terms (or any applicable law), WorldMate will not be deemed to have waived its rights or remedies, and those rights and remedies will still be available to WorldMate. Any waiver of any provision of these Terms will be effective only if WorldMate expressly states in a signed writing that it is waiving a specified term of these Terms.

3. If it is determined by a competent court of law that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

4. The Terms or any part thereof may be assigned by WorldMate and will inure to the benefit of WorldMate, its successors, and assigns.

5. The Terms, and your relationship with WorldMate under the Terms, are governed by the laws of the State of Minnesota, USA, without regard to its conflict of laws provisions. You and WorldMate agree to submit to the exclusive, personal jurisdiction of the federal or state courts of Hennepin County, Minnesota, USA, to resolve any legal matter arising from or related to the Terms. Notwithstanding the above, you acknowledge and agree that WorldMate is entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) and/or monetary remedies in any jurisdiction.

6. These Terms constitute the whole legal agreement between you and WorldMate in connection with, and govern your use of the WorldMate Email Parsing API. These Terms completely replace and supersede any prior agreements between you and WorldMate, written or oral, in connection with the WorldMate Email Parsing API.

7. We have no special relationship with or fiduciary duty to you. This Agreement does not create any partnership or joint venture between you and WorldMate.

8. If you are dissatisfied with the Usage, please provide feedback via the Contact Us section at developers.worldmate.com. Your only other remedy with respect to any dissatisfaction with (i) the Usage, (ii) the Terms, (iii) any policy or practice of WorldMate in operating the WorldMate Email Parsing API, or (iv) any content or information transmitted through the Usage, is to terminate the Terms and your use of WorldMate Email Parsing API.

9. These Terms apply to all current features and to new features that are or may be added to the existing the WorldMate Email Parsing API. It is your responsibility to check the Terms periodically for changes on our website. Continued use of the WorldMate's Email Parsing API after any such changes shall constitute your consent to such changes.