#InfoFlora APIs Terms of Use

Thank you for developing with InfoFlora!

By accessing or using InfoFlora APIs, including within a software application, website, tool, service, or product you create or offer to Customers (your “Application”), you are agreeing to these terms and to comply with any accompanying documentation that applies to your use of the InfoFlora APIs (“API Terms“) with InfoFlora (“InfoFlora“, “we”, “us”, or “our”). You represent and warrant to us that you have the authority to accept these API Terms on behalf of yourself, a company, and/or other entity, as applicable. We may change, amend or terminate these API Terms at any time. Your use of the InfoFlora APIs after any change or amendment means you agree to the new API Terms. If you do not agree to the new API Terms or if we terminate these API Terms, you must stop using the InfoFlora APIs.

#Summary

• InfoFlora allows to use its APIs to develop Applications free of charge;
• You must ensure that your application operates in a secure manner;
• You must not generate profit from the usage of the API or the data you obtained with it;
• You must use the APIs fairly;
• You must respect and apply our Data Confidentiality Policy;

#1. Defined Terms

a) “Customer(s)” means the licensee of a InfoFlora online service (“InfoFlora Offering”) and if the licensee is an organization, includes their administrators and end users.

b) “InfoFlora APIs” means (i) any form of machine accessible application programming interface that InfoFlora makes available which provides access to a InfoFlora Offering, including all associated tools, elements, components and executables therein, (ii) any InfoFlora sample code that enables interactions with a InfoFlora Offering, and (iii) documentation that InfoFlora makes available to help enable your access to the InfoFlora APIs.

c) The InfoFlora APIs include (but is not limited to):

1. the Auth API that allows to authenticate a user of application to access other APIs;
2. the Observation API that allows to interact with floristic observations data;
3. the Validation API that allows to validate floristic observations and interact with users;
4. any other InfoFlora APIs that enable access to an InfoFlora server.

#2. Scope and Application Registration

a) These API Terms govern your use of InfoFlora APIs except:

1. if you have entered into another agreement with InfoFlora that expressly supersedes these API Terms and governs your use of specific InfoFlora APIs, or
2. for any APIs other than the APIs listed in section 1.c) of these terms, if you access APIs that present accompanying terms (“Accompanying Terms“) and you have accepted those Accompanying Terms, then those Accompanying Terms will apply to your access of those APIs.

b) Registration for your Application may be required pursuant to documentation. If registration is required, you must register your Application with InfoFlora. Your registration must be accurate and kept up-to-date by you at all times. Once you have successfully registered an Application, you will be given access credentials for your Application. “Access Credentials” means the necessary security keys, secrets, tokens, and other credentials to access the InfoFlora APIs. The Access Credentials enable us to associate your Application with your use of the InfoFlora APIs. All activities that occur using your Access Credentials are your responsibility. Access Credentials are non-transferable and non-assignable. Keep them secret. Do not try to circumvent them.

#3. InfoFlora APIs License and Guidelines

a) InfoFlora APIs License Subject to your compliance with all of the API Terms, InfoFlora grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to use the InfoFlora APIs to develop, test, and support your Application, and allow Customers to use your integration of the InfoFlora APIs within your Application. You may use the InfoFlora APIs only as expressly permitted in these API Terms. Violation of these API Terms may result in the suspension or termination of your use of the InfoFlora APIs.

b) InfoFlora APIs Guidelines

You may NOT:

1. Use the InfoFlora APIs in a way that could impair, harm or damage InfoFlora, the InfoFlora APIs, any InfoFlora Offering, or anyone’s use of the InfoFlora APIs or any InfoFlora Offerings;
2. Use the InfoFlora APIs to disrupt, interfere with, or attempt to gain unauthorized access to services, servers, devices, or networks connected to or which can be accessed via the InfoFlora APIs;
3. Use the InfoFlora APIs, or any information accessed or obtained using the InfoFlora APIs, for the purpose of migrating Customers away from a InfoFlora Offering, except in connection with use of the InfoFlora APIs by your Application or unless expressly permitted by InfoFlora pursuant to a duly executed written agreement;
4. Scrape, build databases or otherwise create copies of any data accessed or obtained using the InfoFlora APIs, except as necessary to enable an intended usage scenario for your Application;
5. Request from the InfoFlora APIs more than the minimum amount of data, or more than the minimum permissions to the types of data, that your Application needs for Customers to use the intended functionality of your Application;
6. Use an unreasonable amount of bandwidth, or adversely impact the stability of the InfoFlora APIs or the behavior of other apps using the InfoFlora APIs;
7. Attempt to circumvent the limitations InfoFlora sets on your use of the InfoFlora APIs. InfoFlora sets and enforces limits on your use of the InfoFlora APIs (e.g., limiting the number of API requests that you may make or the number of users you may serve), in its sole discretion;
8. Use InfoFlora APIs in any manner that works around any technical limitations of the InfoFlora APIs or of the accessed InfoFlora Offering, or reverse engineer, decompile or disassemble the InfoFlora APIs, except and only to the extent that applicable law expressly permits, despite this limitation;
9. Use the InfoFlora APIs, or any data obtained using the InfoFlora APIs, to conduct performance testing of a InfoFlora Offering unless expressly permitted by InfoFlora pursuant to a duly executed written agreement;
10. Use the InfoFlora APIs, or any data obtained using the InfoFlora APIs, to identify, exploit or publicly disclose any potential security vulnerabilities;
11. Request, use or make available any data obtained using the InfoFlora APIs outside any permissions expressly granted by Customers in connection with using your Application;
12. Use or transfer any data accessed or obtained using the InfoFlora APIs, including any data aggregated, anonymized or derived from that data (collectively the “ InfoFlora APIs Data“) for advertising or marketing purposes including (i) targeting ads, or (ii) serving ads. For purposes of clarity, this prohibition on using InfoFlora APIs Data for advertising or marketing purposes does not extend to using other data, such as (i) the number of users of your Application, (ii) a user identifier you independently receive from a user (e.g., an email address you receive when a user enrolls to use your Application, a device identifier, or an advertising identifier), or (iii) a product or service identifier that identifies a InfoFlora Offering;
13. Make your Application available for use in a manner that circumvents the need for users to obtain a valid license to the InfoFlora application or service that is accessed through the InfoFlora APIs;
14. Redistribute or resell, or sublicense access to, the InfoFlora APIs, any data obtained using the InfoFlora APIs, or any other InfoFlora Offering accessed through the InfoFlora APIs; or
15. Misrepresent expressly, by omission, or implication, the need for users to obtain a valid license to the InfoFlora application or service that is accessed through the InfoFlora APIs;
16. Falsify or alter any unique referral identifier in, or assigned to an Application, or otherwise obscure or alter the source of queries coming from an Application to hide a violation of this agreement; or
17. Use the InfoFlora APIs or allow any user to use the Application in a way that violates applicable law, including:
    a. Illegal activities, such as child pornography, gambling, piracy, violating copyright, trademark or other intellectual property laws.
    b. Intending to exploit minors in any way.
    c. Threatening, stalking, defaming, defrauding, degrading, victimizing or intimidating anyone for any reason.
    d. Violating applicable privacy laws and regulations.
18. Use the InfoFlora APIs in a way that could create, in InfoFlora’s sole discretion and judgment, an unreasonable risk to Customers from a security or privacy perspective.
19. Use the InfoFlora APIs to build an Application that is sold or subject to a paid subscription without express permission from InfoFlora.

#4. Security

You warrant that your Application has been developed to operate with InfoFlora API content in a secure manner. Your network, operating system and the software of your servers, databases, and computer systems (collectively, “Systems”) must be properly configured to securely operate your Application and store content collected through your Application (including the InfoFlora API content). Your Application must use reasonable security measures to protect the private data of your users.

We may use technology to detect, prevent or limit the impact of any issues caused by your Application (before, after, or instead of suspension of your access). This may include, for example, (i) filtering to stop spam, (ii) performing security or privacy monitoring regarding scraping, denial of service attacks, user impersonation, application impersonation, or illicit consent grant(s), or (iii) limiting or terminating your access to the InfoFlora APIs.

You will permit InfoFlora reasonable access to your Application for purposes of monitoring compliance with these API Terms. You will respond to any questions by InfoFlora about your compliance with these API Terms.

Without limiting the foregoing, upon request by InfoFlora, you will provide us (or an independent auditor acting on our behalf) with up to two full-feature client account-level instances to access your Application (and/or other materials relating to your use of the API) as reasonably requested by us to verify your compliance with these API Terms (including, in particular, your security and privacy obligations under these API Terms).

We may restrict or terminate access to the APIs or perform an audit (including by hiring an independent auditor acting on our behalf) of your Application if you fail to provide adequate information and materials (including up to two full-featured instances of your Application) to verify your compliance with these Terms.

You must have a process to respond to any vulnerabilities in your Application, and in the case of any vulnerabilities related to your Application’s connection to the InfoFlora APIs discovered by you or reported to you by a third party, you agree that you will provide vulnerability details to the InfoFlora Team (support@infoflora.ch).

In the event of a data breach by you resulting from any aspect of the InfoFlora APIs involving your Application or any data collected through your Application, you will promptly contact the InfoFlora Team (support@infoflora.ch) and provide details of the data breach. You agree to refrain from making public statements (e.g., press, blogs, social media, bulletin boards, etc.) without prior written and express permission from InfoFlora in each instance as it relates to the InfoFlora APIs.

The rights and requirements of this section – 4. Security – will survive for five (5) years following any termination of these API Terms.

#5. Your Compliance with Applicable Privacy and Data Protection Laws

You must comply with all laws and regulations applicable to your use of the data accessed through the InfoFlora APIs, including without limitation laws related to privacy, biometric data, data protection and confidentiality of communications. Your use of the InfoFlora APIs is conditioned upon implementing and maintaining appropriate protections and measures for your service and Application, and that includes your responsibility to the data obtained through the use of the InfoFlora APIs. For the data you obtained through the InfoFlora APIs, you must:

a) obtain all necessary consents before processing data and obtain additional consent if the processing changes (“Data Access Consents“),

b) In the event you’re storing data locally, ensure that data is kept up to date and implement corrections, restrictions to data, or the deletion of data as reflected in the data obtained through your use of the InfoFlora APIs,

c) implement proper retention and deletion policies, including deleting all data when your user abandons your Application, uninstalls your Application, closes its account with you, or abandons the account,

d) maintain and comply with a written statement available to Customers and users that describes your privacy practices regarding data and information you collect and use (“Your Privacy Statement“), and that statement must be as protective as the InfoFlora Privacy Statement, and

e) When your Application allows end users to sign in with a InfoFlora account and InfoFlora is not providing the user interface for the sign in, your Privacy Statement must provide a link to https://auth.infoflora.ch/[user language (de, fr, it, en)]/profile/edit, or such other location(s) as we may specify from time to time, with a clear indication that Customers and end users can go to the InfoFlora site(s) to revoke Data Access Consents at any time. If Customers or end users must take additional steps to disable your Application’s access to Customer or end user data, then Your Privacy Statement must clearly indicate to Customers and end users the additional steps required to disable access.

Nothing in the Agreement shall be construed as creating a joint controller or processor-subprocessor relationship between you and InfoFlora.

#6. Changes to the InfoFlora APIs and API Terms

WE MAY CHANGE OR DISCONTINUE THE AVAILABILITY OF SOME OR ALL OF THE InfoFlora APIs AT ANY TIME FOR ANY REASON WITH OR WITHOUT NOTICE. Such changes may include, without limitation, removing or limiting access to specific API(s), requiring fees or setting and enforcing limits on your use of additions to the InfoFlora APIs. We may also impose limits on certain features and services or restrict your access to some or all of the InfoFlora APIs. We may release subsequent versions of the InfoFlora APIs and require that you use those subsequent versions, at your sole cost and expense.

Any version of the InfoFlora APIs designated as “qual”, “dev”, “preview”, “pre-release” or “beta” (“Preview API”), may not work in the same way as a final version. We may change or not release a final version of a Preview API in our sole discretion.

WE MAY MODIFY THESE API TERMS AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE TO YOU. YOUR CONTINUED USE OF THE InfoFlora APIs FOLLOWING THE RELEASE OF A SUBSEQUENT VERSION OF THESE API TERMS WILL BE DEEMED YOUR ACCEPTANCE OF ANY MODIFICATIONS TO THESE API TERMS.

#7. Features and Feature Requests

InfoFlora is working to offer its Customers the best tools to create and manage useful and qualitative data. InfoFlora focuses on the needs of the majority of its Customers. Therefor InfoFlora APIs may miss Features to match your specific needs. If you send a Feature Request to InfoFlora, you give to InfoFlora, without charge, the right to use any details of your request to implement new Features partly or completely matching your Feature Request. InfoFlora could decide to implement or dismiss any Feature Request in InfoFlora sole discretion and judgement. You will not give Feature Requests that is subject to a license that requires InfoFlora to license its software or documentation to third parties because InfoFlora includes your Feature description in them. These rights survive these API Terms.

#8. Confidentiality

You may be given access to certain non-public information, software, and specifications relating to the InfoFlora APIs (“Confidential Information”), which is confidential and proprietary to InfoFlora. You may use Confidential Information only as necessary in exercising your rights granted under these API Terms. You may not disclose any Confidential Information to any third party without InfoFlora’s prior written consent. You agree that you will protect any Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information.

#9. Disclaimer of Warranties, Limitation of Liability and Indemnity

a) Disclaimer of Warranties

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE InfoFlora APIs. YOU UNDERSTAND THAT USE OF THE InfoFlora APIs IS AT YOUR OWN RISK AND THAT WE PROVIDE THE InfoFlora APIs ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE” TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE API TERMS ARE INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. WE DO NOT GUARANTEE THE InfoFlora APIs WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE InfoFlora APIs MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION, ERRORS IN FUNCTIONING, OR THAT DATA LOSS WILL NOT OCCUR.

b) Limitation of Liability

IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THESE API TERMS), YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER, FROM InfoFlora OR ANY AFFILIATES, RESELLERS, DISTRIBUTORS, SUPPLIERS (AND RESPECTIVE EMPLOYEES, SHAREHOLDERS, OR DIRECTORS) AND VENDORS, ONLY DIRECT DAMAGES UP TO CHF 5.00 COLLECTIVELY. YOU CAN’T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to any claims related to these API Terms or your use of the InfoFlora APIs.

c) Indemnification

You will defend, hold harmless, and indemnify InfoFlora from any claim or action brought by a third party, including all damages, liabilities, costs and expenses, and reasonable attorney fees, to the extent resulting from, alleged to have resulted from, or in connection with your breach of the obligations herein or infringement of InfoFlora’s or third party’s intellectual property.

d) No Injunctive Relief

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the InfoFlora APIs, content or other material used or displayed through the current InfoFlora website or successor site.

e) No Third-Party Beneficiaries

There are no third-party beneficiaries to this Agreement.

#10. Termination

a) We may suspend or immediately terminate these API Terms, any rights granted herein, and/or your license to the InfoFlora APIs, in our sole discretion at any time, for any reason. You may terminate these API Terms at any time by ceasing your access to the InfoFlora APIs.

b) Upon termination, all licenses granted herein immediately expire and you must cease use of the InfoFlora APIs. You must also comply with Customer’s instruction to return or delete any data accessed or obtained through the InfoFlora APIs, unless expressly permitted by InfoFlora or prohibited by law. Neither party will be liable to the other for any damages resulting solely from termination of these API Terms.

#11. General Terms

a) Applicable Law. Geneva, Switzerland canton law governs the interpretation of these API Terms and applies to claims for breach of it, regardless of conflict of laws principles.

b) Support. Because the InfoFlora APIs are provided “as is,” we may not provide support services for them. You are solely responsible for the quality of your Application and providing support for your Application.

c) Assignment and Delegation. You may not assign or delegate any rights or obligations under these API Terms, including in connection with a change of control. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these API Terms, fully or partially without notice to you.

d) Reservation of Rights. All rights not expressly granted herein are reserved by InfoFlora. You acknowledge that all intellectual property rights within the InfoFlora APIs remain the property of InfoFlora and nothing within these API Terms will act to transfer any of these intellectual property rights to you.

e) InfoFlora and you are independent contractors. Nothing in this Agreement shall be construed as creating an employer-employee relationship, processor-subprocessor relationship, a partnership, or a joint venture between the parties.

f) No Waiver. Either party’s failure to act with respect to a breach of these API Terms does not waive either party’s right to act with respect to that breach or subsequent similar or other breaches.

g) Survival. Sections of these API Terms that, by their terms, require performance after the termination or expiration of these API Terms will survive, such as, for example, the rights and requirements of section 4. Security.

h) Modifications. We may modify these API Terms at any time with or without individual notice to you. Any modifications will be effective upon your continued use of the InfoFlora APIs.

i) Entire Agreement. These API Terms and any documents incorporated into these API Terms by reference, constitute the entire agreement between you and us regarding the InfoFlora APIs and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these API Terms. If any provision of these API Terms is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible.