“Application” or “App” means any software or mobile application, website, product or service that is developed, created or offered using our Cake Labs Pricing API.
“API Documentation” means the documentation, data and information that Cake Labs provides regarding the use of our Cake Labs API through our API Site.
“API Site” means our API development site found at https://pricing-api-docs.cakelabs.com.
“Cake Labs Pricing API” means the Application Programming Interface (“API”) made available to the public by us as well as the related API Documentation.
“Data” means; (i) any data and content provided through the Cake Labs Pricing API.
“Users” means any and all users of our Cake Labs Pricing API, which includes you.
Pursuant to the provisions of this API Terms, Cake Labs hereby grants to you a limited, non-exclusive, non-assignable, non-transferable and irrevocable license to use the Cake Labs Pricing API to develop, test, and support any software application, mobile application, website, platform, service or product, as well as to integrate or incorporate the Cake Labs Pricing API with your Application. The aforesaid license granted to you is subject to the limitations set forth below, and you agree that violation of these limitations will automatically terminate the license granted herein to you to use the Cake Labs Pricing API (such termination of license being without any liability whatsoever on Cake Labs). Cake Labs will therefore be entitled to at any time thereafter to immediately suspend, obstruct, restrict or terminate your access to and/or use of your account and/or Cake Labs Pricing API without any notice or liability to you, and without prejudice to any other remedies available to Cake Labs at law, in contract, tort or equity.
Your use of the Cake Labs Pricing API is subject to your continued compliance with the provisions of this API Terms, and in order to further develop our Cake Labs Pricing API, Applications, Data, Services, platforms, channels and/or products (individually and collectively, “our Property”), we may at any time make changes to the Cake Labs Pricing API and/or this API Terms without any notice to you. You agree that it is your responsibility to regularly check our API Site at https://pricing-api-docs.cakelabs.com for updates to our Cake Labs Pricing API and/or this API Terms. In addition, parts of our Cake Labs Pricing API may be undocumented, included certain aspects, events, methods and properties. Cake Labs will make commercially reasonable attempts to give at least 7 business days’ notice before any breaking changes to the Cake Labs Pricing API.
Pursuant to the provisions of this API Terms, Cake Labs hereby grants you a limited, non-exclusive, non-assignable, non-transferable and irrevocable license to use the Cake Labs Pricing API to develop, test, and support any software application, mobile application, website, platform, service or product, as well as to integrate or incorporate the Cake Labs Pricing API with your Application. The aforesaid license granted to you is subject to the limitations set forth below, and you agree that violation of these terms will automatically terminate the license granted herein to you to use the Cake Labs Pricing API.
Your use of Cake Labs’s API is limited by the following:
Our Cake Labs Pricing API (and our other Property, if licensed to you herein) may not be used in any manner that accesses or uses any information beyond what is permitted hereunder this API Terms (and/or Executed Agreements, if any) or the API Documentation, changes any aspect of or disrupts or interferes with or degrades the performance of the Services, interrupts or circumvents any of Cake Labs’s security measures, operational, administrative or technical procedures, hacks into or tests the vulnerability of our Services, Cake Labs Pricing API, our systems and/or networks.
You undertake not to, whether directly or indirectly, by yourself or in assisting others, introduce any worms, trojans, viruses, hacks or other computer programmes that may damage, interfere with, interrupt, intercept, phish, data mine or expropriate any system or data (including but not limited to the Data, Cake Labs Pricing API and our Services) to or from any of our Property and associated networks, nor attempt any of the aforegoing.
You undertake not to, whether directly or indirectly, by yourself or in assisting others, reverse engineer or otherwise derive source codes, trade secrets, or know-how from any of our Property (including but not limited to the Cake Labs Pricing API) or any portion thereof nor attempt (nor assist others to so attempt) any of the aforegoing.
You are entitled to charge for your services and products that incorporate or integrates our Cake Labs Pricing API. However, you are not permitted to sell, rent, lease, sub-license, re-distribute or syndicate access to the Cake Labs Pricing API or part thereof (unless pursuant to the terms of an Executed Agreement that you enter into with Cake Labs).
Except as expressly permitted hereunder this API Terms, you are not allowed to duplicate, reproduce, copy, store, derive from or translate any Data, API Documentation, or any information expressed by the Data (including but not limited to hashed or transferred data).
You are entitled to place advertisements on and around your products, services, website, platforms, mobile applications and software applications (“your Products”) that incorporate or integrates our Cake Labs Pricing API. However, you are not permitted to:
place any advertisements on any of our Property, and any advertisements that you place on or around your products, services, website, platforms, mobile applications and software applications must not resemble or be reasonably likely to confuse any persons into thinking that the advertisements belong to Cake Labs, pertain to any Cake Labs’s products or services, or are messages/notifications from Cake Labs;
conduct, and your Products, will not provide analyses or research that isolates a small group of individuals or any single individual for any unlawful, harassment, or discriminatory purposes; nor
make any public statements or representations in any mode, media or channel (including but not limited to online forums, blogs or social media platforms) regarding Cake Labs or any of our Products (including but not limited to the Cake Labs Pricing API) without our prior written consent (email us at email@example.com for us to review and give consent).
you further acknowledge that in the future, Cake Labs may offer products, services or other Applications that are similar to your offerings, and you agree that Cake Labs is fully entitled to do so without any restrictions or notice to you.
You are not permitted to use the Cake Labs Brand in a manner that may mislead or suggest that your Products (or any part thereof) is endorsed, sponsored by or howsoever associated with Cake Labs.
Cake Labs Pricing API plans covered by these terms are prepaid. You will contact us to commence payment and for us to add credits to your account at the then-current pricing.
Cake Labs will determine the method of payment, for example payment using Monero or Bitcoin.
Within 7 business days of payment, Cake Labs will credit your account with the appropriate number of credits. Normally this takes 1 business day.
Credits do not expire. Credits will only be refunded at Cake Labs’s discretion. Cake Labs can impose an expiry date on credits with a 1 year advance notice of the new date and terms of expiry, or any point sooner with a refund of any credits that were purchased prior to the notice and are not used by the expiry date.
You shall also be responsible for all taxes howsoever arising in relation to its payment for the services hereunder, including without limitation, withholding tax, Goods and Services Tax, Value Added Tax, and any other levies (“Taxes”). You will be fully responsible for all currency losses and payment service provider charges that may be incurred in your making of any payment to Cake Labs hereunder, and you agree that we are entitled in our sole discretion to denominate our fees in any currency, determine the mode of payment acceptable to us, and utilize any payment service network or providers for the payment of our fees and/or applicable taxes.
In the event that you fail to pay any Taxes resulting in Cake Labs being exposed to the risk of potential tax liabilities, you will fully hold harmless, defend and indemnify Cake Labs against all costs, claims and damages, including without limitation penalties, settlement amounts and legal fees (on a solicitor-client basis).
Cake Labs only issues refunds at its sole discretion, unless otherwise described in these Terms.
Should a refund occur, Cake Labs will provide a refund as follows:
- The refund value must be at least $50.
- The refund will be made in Bitcoin, Monero, a stablecoin, or another asset.
- Network fees and conversion fees may be deducted from the refund.
- The refund value will be equal to the initially paid USD-equivalent value times the proportion of remaining credits, minus any deductions.
All assets, rights, title and interest in and to our Cake Labs Brand, our API Documentation, Cake Labs Pricing API, and our other Property (including but not limited to intellectual property rights) belong fully to Cake Labs. You are only provided with a limited license to use as set out herein this API Terms, and no other rights, title, interest, ownership or property of any kind is passed to you by virtue of your use of our Property. For the avoidance of doubt, any inventions that you may create incorporating our Cake Labs Pricing API does not transfer any right of ownership or interest in our Cake Labs Pricing API to you although you may be deemed by applicable law to be the owner of such inventions (which shall be exclusive of the Cake Labs Pricing API). In addition, you agree to perform such acts and execute such documents (without compensation) as Cake Labs may from time to time request of you in order to perfect Cake Labs’s rights to our Property.
This API Terms take effect on the date that you agree to them or access or use the Cake Labs Pricing API, whichever is the earliest, and will subsist until terminated by Cake Labs or you pursuant to the provisions of this API Terms.
You may terminate your being bound by this API Terms by discontinuing your access to and/or use of our Cake Labs Pricing API, and emailing us at firstname.lastname@example.org.
We may at any time vary, amend, change, suspend or discontinue provision of any of our Property, including but not limited to the Cake Labs Pricing API, suspend or terminate your use of the Cake Labs Pricing API and/or the Cake Labs Brand without notice or reasons to you. Without prejudice to the aforegoing, we may also in our discretion restrict your access to or use of our Cake Labs Pricing API if in our sole discretion, we determine that your access to or use of our Cake Labs Pricing API may howsoever negatively impact on our Products or Services.
Upon termination of this API Terms:
All rights and licenses granted to you hereunder will cease and terminate immediately;
You undertake to promptly destroy the API Documentation, Data and any other information procured from Cake Labs or any of our Property that may be in your possession or control; and
Except where we specifically grant our prior consent in writing, or unless otherwise stated in this API Terms, you undertake to promptly and permanently delete all Data and other information procured from or relating to Cake Labs and any of our Property that you have stored in relation to your access to or use of the Cake Labs Pricing API. You agree to certify in writing the aforesaid destruction of stored Data and information should Cake Labs request such certification from you.
All provisions hereunder this API Terms that must by their nature survive the termination of this API Terms in order to give effect to their intention shall survive the termination of this API Terms.
You hereby represent and warrant to Cake Labs that you (including any entity that you represent) are able to enter into and be fully bound by this API Terms and to use the Cake Labs Pricing API pursuant to this API Terms without violating any laws or regulations applicable to you, infringing any third party’s rights (including but not limited to intellectual property rights), and/or any other contracts to which you are bound by.
Without limiting the scope of the clauses elsewhere in these Terms, you hereby warrant and undertake (and shall procure the same undertaking from any entity that you represent) to not initiate any legal actions or make any claims of any kind against Cake Labs for any damages, expenses or losses that you may suffer as a result of your use of (or inability to use) any of our Property (including but not limited to the Cake Labs Pricing API). You further acknowledge that we may at any time without notice or reference to you amend this API Terms and/or modify any aspect or function of the Cake Labs Pricing API, which may have adverse effects on your usage of the Cake Labs Pricing API and your Products or business associated thereto, however, your only recourse will be to terminate your use of the Cake Labs Pricing API and you agree to not make any claims of any kind against Cake Labs. For the avoidance of doubt, your continued access or use of the Cake Labs Pricing API or any of our Property will constitute your acceptance of and agreement to all our aforesaid amendments and modifications. The date on which the latest version of this API Terms takes effect will be as indicated at the top of this API Terms.
OUR PROPERTY, INCLUDING BUT NOT LIMITED TO THE CAKE LABS PRICING API, AND ALL RELATED COMPONENTS, DATA, DOCUMENTATION AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND CAKE LABS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ADVISED IN ADVANCE OF SUCH PURPOSE), CONTINUED ACCESSIBILITY, FUNCTIONALITY, SECURITY, AND NON-INFRINGEMENT. YOU THEREFORE ACKNOWLEDGE THAT CAKE LABS DOES NOT WARRANT THAT OUR PROPERTY (INCLUDING BUT NOT LIMITED TO THE CAKE LABS PRICING API, DATA AND API DOCUMENTATION) WILL BE UNINTERRUPTED, TIMELY, UPDATED, ACCURATE, SECURE, ERROR-FREE, OMISSION-FREE, OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE FUNCTIONS THAT MAY BE PERFORMED OR RESULTS (SUCH AS GENERATION OF ANY REVENUE) THAT MAY BE OBTAINED FROM USE OF OUR PROPERTY (INCLUDING BUT NOT LIMITED TO THE CAKE LABS PRICING API), AND NO PRODUCTS, INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM CAKELABS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API TERMS.
YOU (AND ANY ENTITY THAT YOU MAY REPRESENT) HEREBY AGREE THAT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, EQUITY, AT LAW OR OTHERWISE) WILL CAKE LABS BE LIABLE TO YOU OR ANY THIRD PARTY FOR; (I) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF SALES, LOSS OF OPPORTUNITIES, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF REPUTATION; OR (II) FOR ANY AMOUNT FOR ALL CLAIMS CUMULATIVE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU TO CAKE LABS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EARLIEST EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES HAVE BEEN PAID BY YOU TO CAKE LABS, ONE HUNDRED US DOLLARS ($100) ONLY, OR; (III) ANY MATTER BEYOND OUR REASONABLE OR FORESEEABLE CONTROL. THE PROVISIONS/CLAUSES OF THIS SECTION 12 ALLOCATE THE RISKS UNDER THIS API TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS API TERMS. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN SUCH JURISDICTIONS, CAKE LABS’S TOTAL LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
At no times will Cake Labs or any of its related companies or their respective officers be howsoever liable to you in relation to the performance of the Cake Labs Pricing API or Cake Labs’s performance of this Agreement where any such failure in performance or a breach of this Agreement is due to a force majeure event. A force majeure event includes without limitation, pestilence, disease, pandemics, natural disasters, catastrophes, riots, acts of terrorism, civil unrest, enactments of laws or regulations, government restrictions, and unavailability of utilities such as telecommunications services and electricity.
These API Terms and any claim, cause of action or dispute arising out of or related to this API Terms shall be governed by the laws of Nevis, regardless of any conflict of laws theory. Accordingly, you agree to submit to the exclusive jurisdiction of Nevis. Notwithstanding the aforegoing, you agree that Cake Labs shall be fully entitled to apply for equitable relief or injunctive remedies against you in any jurisdiction.
If any provision of this API Terms is found to be illegal, void, or unenforceable, the said provision shall be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if such provision cannot be so modified, it shall be deleted and the remaining provisions of this API Terms will continue in full force and effect.
The governing language of this API Terms, API Documentation, the API Site, all content, information and documents however made available by Cake Labs is English. In the event that Cake Labs provides you with a translation of the English language version of this API Terms, API Documentation, the Site or any other document, you understand that such translation is provided purely for your convenience and is not binding.
For any notices or service of legal documents, you agree that we may notify you via postings on the Site or via the email address that you may have provided to us. Cake Labs accepts service of process by email at the emails below. Any notices that you provide without compliance with these methods will have no legal effect.
Any delays in or failure to act in relation to a breach of any provision of this API Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
You undertake to keep strictly confidential all non-public and/or confidential information of Cake Labs that may be made available or accessible to you, including without limitation any source codes, object codes or algorithms made accessible by Cake Labs to you, Cake Labs’s communications with you and all information (whether in electronic or printed form) that are indicated as “confidential”, as well as information that is not freely available in the public domain or by its nature or circumstances of disclosure can be reasonably deduced to be confidential.
Under no circumstances shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the API Site, any of our Services or our Property (including but not limited to the Cake Labs Pricing API).
You are not permitted to assign, transfer, delegate or subcontract any rights or obligations hereunder this API Terms without the prior written consent of Cake Labs. However, you agree that Cake Labs shall be entitled at any time to howsoever assign, transfer, delegate or subcontract any of its rights and/or obligations hereunder this API Terms without any reference or notice to you.
No person or entity who is not a party to this API Terms shall be entitled to rely on or enforce any provision herein this API Terms.