Terms of Use
 

The following Terms of Service (ToS) may read like a legal document because, well, it is a legal document. If you're going to invest lots of time in using our APIs we recommend you read it, maybe even twice, because we want you to gain comfort and confidence in the agreement. Anyway, thanks for getting this far. Please continue reading and we can't wait to see what you build!

— LiftSuggest Team


This document sets forth the terms on which Tatvic Associates (“LiftSuggest”) makes the LiftSuggest API (as defined below) available for use by approved licensees on other approved Web sites and applications. By using the LiftSuggest API, both you and the organization identified in your application for the LiftSuggest API ("you") agree to be bound by the following terms of use ("API Terms of Use").

  1. LiftSuggest API
    The Lift API is LiftSuggest's service that allows approved licensees to retrieve certain reprocessed Google Analytics data ("LiftSuggest Data"). The LiftSuggest API consists of an application program interface (API) for retrieving various LiftSuggest Data, grouped generally into calls to retrieve data found on LiftSuggest server which is currently reprocessed data of Google Analytics. LiftSuggest team may release subsequent versions of the LiftSuggest API and require you to obtain and use the most recent version. New versions may not be compatible with previous implementations.
  2. License to LiftSuggest API & Data
    If you are approved by Tatvic Associates for use of the LiftSuggest API, and subject to these Terms of Use, you may access the LiftSuggest API, implement the LiftSuggest API on your Web site(s), Application(s) and distribute LiftSuggest Data only to consumers for their personal use on your Web site(s) in a way deemed fit according to the Terms of Use agreement here.This license is subject to the following restrictions:

    LiftSuggest will store some of your Google Analytics data which will be "exclusively" used for generation of recommendations. If you explicitly request deletion of your Google Analytics data to generate LiftSuggest Data, LiftSuggest will remove it from LiftSuggest servers within 1 day or request. This request is irreversible.

    • All calls to the LiftSuggest API must reference the Authentication Token issued to you as an approved licensee.
    • You agree that you will provide the LiftSuggest Data to users on "as is" terms, with disclaimers substantially equivalent to those set forth in Sections 7 and 8.
    • You agree to keep the Authentication Token confidential, and not to share it with any third party. This license is personal to you, and any affiliates must seek and obtain their own license and Authentication Token.
    • You may present LiftSuggest Data only on a transactional basis. You will not permit your users to access LiftSuggest Data in bulk.
    • Your license to LiftSuggest Data is limited to making direct server calls to LiftSuggest servers for LiftSuggest Data and to distributing LiftSuggest Data to your end user on your Web site(s) and/or Application(s) immediately upon receipt by your servers.
    • You may not present the LiftSuggest Data (or permit LiftSuggest Data to be presented) so that it appears to be available from a third party Web site.
    • You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the LiftSuggest API.
    • You may not use the LiftSuggest APIs in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the LiftSuggest API documentation located within [insert], as determined by LiftSuggest in its sole discretion.
    • LiftSuggest may approve higher hourly call limits if you adhere to these API Terms of Use and pass an audit and review. Please contact LiftSuggest Team at info@liftsuggest.com for more details.
    • You may not use the LiftSuggest APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism or violence,goods made from protected animal/plant species, recalled goods,hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories.
    • You may not use the LiftSuggest APIs in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with LiftSuggest.com's Privacy Policy or Terms of Use.
    • If you become aware that any user of your implementation is in material breach of these API Terms of Use, any provisions you are required to offer under these API Terms of Use, or the terms of LiftSuggest.com Terms of Use linked pursuant to Section 3 and the LiftSuggest API Branding Requirements (the "Applicable Terms"), then you agree to notify LiftSuggest promptly of such breach by e-mail to info@liftsuggest.com , and to take prompt commercially reasonable corrective action at your expense to remedy such breach. In addition, upon request of Lift, you will either (a) use commercially reasonable efforts to obtain such equitable relief to prevent harm to LiftSuggest or its licensors, or (b) assign any of your applicable rights to permit LiftSuggest or the applicable licensor to seek such equitable relief. Your obligations to report and enforce the Applicable Terms will survive termination of these API Terms of Use or your use of the LiftSuggest API.
  3. Acceptable Use
    You agree not to use the LiftSuggest API, LiftSuggest Data, or LiftSuggest Brand & Links in any way that is unlawful, or harms LiftSuggest, its service providers, its suppliers, your end users, or any other person. Further, pursuant to Section 10 below, LiftSuggest may terminate your use of the LiftSuggest API, and LiftSuggest Brand & Links if and when LiftSuggest determines that your use is inappropriate. However, the Google Analytics data will be yours which will be available in Google Analytics whatsoever.
  4. Limited Relationship
    You and LiftSuggest are independent contractors, and nothing in these API Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the LiftSuggest API, you agree not make any other public statements that assert or imply any other relationship with LiftSuggest, unless you have LiftSuggest's prior written approval. Neither the name of LiftSuggest nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of LiftSuggest.
  5. Indemnity
    You agree to hold harmless and indemnify LiftSuggest, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users' use of the LiftSuggest API or LiftSuggest Data, use of LiftSuggest Brand & Links other than as set forth in the LiftSuggest API Branding Requirements, violation of these API Terms of Use or other actions connected with use of LiftSuggest services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, LiftSuggest will provide you with written notice of such claim, suit or action.
  6. NO WARRANTY
    LiftSuggest PROVIDES THE LiftSuggest API, LiftSuggest DATA, AND LiftSuggest BRAND & LINKS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LiftSuggest AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. LiftSuggest AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
  7. LIABILITY LIMITATION; EXCLUSIVE REMEDY
    IN NO EVENT WILL LiftSuggest OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE API TERMS OF USE OR YOUR USE OF LiftSuggest API, LiftSuggest DATA, OR LiftSuggest BRAND & LINKS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE API TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST LiftSuggest OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LiftSuggest API, LiftSuggest DATA, AND LiftSuggest BRAND & LINKS.
  8. Intellectual Property
    The LiftSuggest API, LiftSuggest Data, and LiftSuggest Brand & Links are the property of LiftSuggest, and subject to the intellectual property rights of LiftSuggest and its licensors. © 2011Tatvic Associates. All rights reserved.
  9. Changes
    LiftSuggest reserves the right to change the API Terms of Use, and you are responsible for regularly reviewing these API Terms of Use. Your continued use of the LiftSuggest API and/or LiftSuggest Data after the effective date of such changes will constitute acceptance of and agreement to any such changes. LiftSuggest may suspend or discontinue the Services at any time to you and/or to others, without notice.
  10. Fees and Payments
    LiftSuggest reserves the right to charge fees for future use of or access to the LiftSuggest APIs or the LiftSuggest services and Web sites (collectively, "LiftSuggest APIs Services") in LiftSuggest's sole discretion. If LiftSuggest decides to charge for the LiftSuggest APIs Services, such charges will be disclosed to you prior.
  11. Termination
    LiftSuggest may change, suspend or discontinue the LiftSuggest API and suspend or terminate your use of the LiftSuggest API, LiftSuggest Data, and/or LiftSuggest Brand & Links at any time for any reason, without notice. You may also terminate by ceasing to use the LiftSuggest API, LiftSuggest Data, and LiftSuggest Brand & Links, removing implementation of the LiftSuggest API from your Web site(s), Application(s) and deleting all copies of the LiftSuggest Data and LiftSuggest Brand & Links.
  12. Choice of Law Disputes
    These API Terms of Use are governed by the laws of the State of Gujarat, without giving effect to its conflict of law's provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in High court of State of Gujarat, India, for any and all disputes, claims and actions arising from or in connection with the Services and/or these API Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.
  13. General
    You represent that you have the authority to bind the organization (if any) identified in your application for the LiftSuggest API. You agree not to export from anywhere any part of the LiftSuggest API, LiftSuggest Data, or LiftSuggest Brand & Links provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If any part of these API Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these API Terms of Use will continue in effect. The section titles in these API Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. LiftSuggest may assign these API Terms of Use, in whole or in part, at any time with or without notice to you. You may not transfer, assign, or delegate the API Terms of Use and your Authentication Token to any third party. LiftSuggest's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these API Terms of Use constitute the entire agreement between you and LiftSuggest with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and LiftSuggest with respect to the LiftSuggest API, LiftSuggest Data, or LiftSuggest Brand & Links.