PLEASE READ THESE API TERMS OF SERVICE CAREFULLY BEFORE USING THE API. BY USING THE API, YOU AGREE TO BE BOUND BY THESE API TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE API TERMS OF SERVICE YOU MUST NOT USE OUR API FOR ANY PURPOSE WHATSOEVER.
Thank you for using My EU Pay Ltd.’s APIs, other developer services, and associated software (collectively, "APIs"). By accessing or using our APIs, you are agreeing to the terms below. If there is a conflict between these terms and additional terms applicable to a given API, the additional terms will control for that conflict. Collectively, we refer to the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the "Terms."
In these API Terms of Service, we, our, ourselves, us or API Licensor means My EU Pay Limited, a company incorporated in England and Wales under number 10661695, whose registered office is at 14 Coach & Horses Yard, Mayfair, London, England, W1S 2EJa and you, your or API Licensee means you (and if you are using the API on behalf of a legal person, business or other organisation (‘Organisation’) includes you and also such Organisation.
We may update these API Terms of Service or any of the other documents referred to in them from time to time by posting a notice of the update on our website or by notifying you by any other reasonable means. Such updates shall take effect 30 days after details of them are so posted. Please check our website regularly for details of updates. If you do not agree to any such update, you should stop using the API and API Data before the update takes effect.
You may not use the APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with My EU Pay Ltd., or (b) you are a person barred from using or receiving the APIs under the applicable laws of your jurisdiction.
By using the API on behalf of any Organisation, you represent and warrant that you have all necessary capacity an authority to enter into these API Terms of Service on behalf of such organisation as a legally binding contract between such organisation and My EU Pay Ltd in all applicable jurisdictions and that the organisation enters into such contract.
In order to access certain APIs you are required to provide all information as part of the registration process for the individual or company profile.
Our API is intended to be used as an interface between: (a) our website comprising our relevant products and services, including developer services, mobile services and any other features, content, or applications offered or operated by Us from time to time whether accessed via the internet, mobile device or other electronic device (‘Platform’); and (b) the applications or services provided by you through your website or platform (‘Application’).
As part of use of the API, You may access or otherwise use on our Platform certain content, images, photographs, illustrations, icons, texts, videos, audio, written materials, software or other content, material or data made available via the API (‘API Data’).
The main things that we care about are that our Platform and the rights of our end users are protected.
The API Terms of Service set out our and your respective rights and obligations relating to use of our APIs to interface between our Platform and your Application and use of the API Data.
Your use of any of our other products or services on our Platform will be on different terms and conditions. If, and only so far as, these API Terms of Service and the terms and conditions applicable to our other products or services are inconsistent, the terms and conditions applicable to our other products and services shall prevail (and these API Terms of Service shall not apply).
Unless these API Terms of Service specifically stipulate that you can do something in connection with the API, the API Data or the Platform, then you cannot.
Only you are allowed to use the API. Should you require your end users to use the API please contact our support team to discuss our PaaS (Payment-as-a-Service).
If you use the API and provide a financial service or product, you are prohibited from using it unless you receive a written consent to each financial service use case. Further, you represent, warrant and covenant on a continuing basis that you:
You must not use the API to send spam or interfere with or degrade our services in any way.
Additionally, you must not use the API for any unlawful purpose or activity whatsoever, including fraud or terrorism, or to promote any unlawful act, or in any way which:
You will comply with all applicable law, regulation, and third-party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third-party rights.
You will only access (or attempt to access) an API by the means described in the documentation of that API if you have an active profile with My EU Pay. You will not misrepresent or mask either your identity when using the APIs.
My EU Pay Ltd. sets and enforces limits on your use of the APIs (e.g., limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain My EU Pay Ltd.’s express consent (and My EU Pay Ltd. may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use).
Some of the software required by or included in our APIs may be offered under an open-source license. Open-source software licenses constitute separate written agreements. For certain APIs, open-source software is listed in the documentation. To the limited extent the open-source software license expressly supersedes the Terms, the open-source license instead sets forth your agreement with My EU Pay Ltd. for the applicable open source software.
We may send you certain communications in connection with your use of the APIs. Please review the applicable API documentation for information about opting out of certain types of communication.
If you provide feedback or suggestions about our APIs, then we (and those we allow) may use such information without obligation to you.i. Non-Exclusivity
The Terms are non-exclusive. You acknowledge that My EU Pay Ltd. may develop products or services that may compete with the API Clients or any other products or services.
We grant you a non-exclusive, revocable and non-transferable license without a right to sublicense to end users (please contact firstname.lastname@example.org should you wish to discuss this option), to use the API for the lawful agreed purposes and subject to the restrictions on use in these API Terms of Service.
The API licensed under these API Terms of Service shall include any error corrections, patches, fixes, updates, upgrades, new releases or new versions subsequently received (if any) of the API.
We grant you a non-exclusive, revocable, and non-transferable license without a right to sublicense to end users, to download, copy, display, view and use the API Data for the agreed lawful purposes, provided that you shall not:
This means that:
You accept that the API Data may contain third party intellectual property rights and you shall ensure that your use of such API Data does not infringe those rights.
Except for your right to use the API, Platform and API Data as specifically granted in these API Terms of Service, all intellectual property rights in and to the API, Platform and API Data are ours and remain ours (or our licensors’).
If you acquire any intellectual property rights (e.g., copyright, trademarks, service marks, patents, database rights, know-how, design rights, domain names, know-how and rights in software (registered or not)) in the API, Platform or any API Data, you shall transfer these rights (both existing and future) with full title guarantee to us or anyone else we nominate (or you will make this happen immediately). You shall sign all documentation and do such things as we think necessary to transfer those rights.
You accept and understand that the API and API Data contain confidential and proprietary information and you shall not conceal, modify, remove, destroy or alter in any way any of our proprietary markings on or in the API, API Data or any related materials and documentation.
Certain personal data relating to users may be transferred to Us in connection with use of the API.
You shall at all times:
for the purposes of the above ‘data subject’, ‘personal data’ and ‘processing’ (and related expressions) shall have the meanings given in the General Data Protection Regulation, Regulation (EU) 2016/679.
Nothing in these API Terms of Service is intended to limit or exclude either our or your responsibilities or liabilities under applicable data protection laws.
You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Your credentials may not be embedded in open-source projects.
You shall keep our confidential information confidential. This includes all information (of any kind and in any format and coming into your knowledge, possession or control in any way) relating to our business, finance or technology, know-how, intellectual property rights, assets, strategy, products and other customers, there the information is identified as confidential at the time of disclosure or ought reasonably to be considered confidential given its nature or how it was disclosed (‘Confidential Information’).
You shall only use our Confidential Information to use and undertake development work with the API, and will give us notice of any unauthorized misuse, disclosure, theft or loss of our Confidential Information immediately upon becoming aware of this.
You shall not without our prior written consent use, disclose, copy or modify our Confidential Information (or permit others to do so) other than as is strictly necessary for you to be able to do what you are permitted and/or required to do under these API Terms of Service.
You may disclose our Confidential Information to your officers, employees, agents, professional advisers and contractors as is strictly necessary for you to be able to do what you are permitted and/or required to do under these API Terms of Service. Where disclosure to your officers, employees, agents, professional advisers and contractors is necessary, you shall ensure such persons are made aware of and agree in writing to observe these same confidentiality obligations and at all times comply with them.
You may disclose Our Confidential Information as required by law. In the event that you become legally compelled to disclose any of the Confidential Information, then (to the extent permitted by law) you shall give us prompt written notice of the fact so that we may take such steps to prevent such disclosure as we deem appropriate and you shall co-operate with us in such manner as we may reasonably require.
You promise that:
To the maximum extent permitted by applicable law, you accept that the API is provided on an ‘as is’ basis and that:
We do not promise that the API shall be:
Any promises that we make (and we are not saying that we are, unless we have to by applicable law) depend on you using the API in compliance with these API Terms of Service, and we shall not be liable, nor be required to fix, any problem arising from:
Subject to what it specifically says in these API Terms of Service and to the maximum extent permitted by applicable law, we and our suppliers:
You may stop using our APIs at any time with or without notice. Further, if you want to terminate these Terms, you must provide us with prior written notice and upon termination, cease your use of the applicable APIs. We reserve the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
If you breach the API Terms of Service, your rights to use the API and the API Data will automatically terminate, and we can shut down or restrict your access to the API, the API Data and/or your API integration.
Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API and delete any cached or stored content.
When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply. Those terms comprise your obligations relating to the API, API Data, data protection, security and confidentiality and the indemnities and licences granted by you and the limitations and exclusions of liability set out in these API Terms of Service.
Except as expressly set out in the Terms, neither My EU Pay Ltd. nor its suppliers or distributors make any specific promises about the APIs. For example, we do not make any commitments about the content accessed through the APIs, the specific functions of the APIs, or their reliability, availability, or ability to meet your needs. We provide the APIs "as is".
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. Except as expressly provided for in the Terms, to the extent permitted by law, we exclude all warranties, guarantees, conditions, representations, and undertakings.
When permitted by law, we, and our suppliers and distributors, will not be responsible for lost profits, revenues, or data; financial losses; or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of My EU Pay Ltd., and its suppliers and distributors, for any claim under the terms, including for any implied warranties, is limited to the amount you paid us to use the applicable APIs (or, if we choose, to supplying you the APIs again) during the six months prior to the event giving rise to the liability.
In all cases, My EU Pay Ltd., and its suppliers and distributors, will not be liable for any expense, loss, or damage that is not reasonably foreseeable.
Except that, we do not exclude or limit any liability to the extent the same cannot be excluded or limited by law (such as fraud, fraudulent misrepresentation, personal injury or death resulting from our or our employees’ negligence or willful default).
Other than as expressly stated, the limitations and exclusions of liability above apply to all losses, damages, liabilities and claims howsoever arising, including negligence or otherwise.
Unless prohibited by applicable law, if you are a business, you will defend and indemnify My EU Pay Ltd., and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
This means that in these particular circumstances, you will fully reimburse us for any losses on a GBP ‘£’ for GBP ‘£’ basis, without us having to take steps to avoid or minimize our loss or to prove this is direct or foreseeable.
We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our APIs. You should look at the Terms regularly. We will post notice of modifications to the Terms within the documentation of each applicable API to our website. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.
We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third-party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and we do not act right away, this does not mean that we are giving up any rights that we may have (such as acting in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and us. relating to its subject and supersede any prior or contemporaneous agreements on that subject.
Except as set forth below: