Terms of Service

Modified and Effective on December 21, 2022
USER AGREEMENT
END-USER LICENSE AGREEMENT FOR ZYLA, a product of Klazify Inc. This license agreement applies to http://www.zylalabs.com/. ZYLA is a marketplace/HUB of APIs that connect API Providers with API Consumers to sell APIs listed.

IMPORTANT – READ CAREFULLY
Please read the following license agreement. You must agree to its terms before signing up, using, running or subscribing to ZYLA. This end-user license agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and ZYLA which includes computer software, web, and mobile application, electronic documentation, and printed materials. This agreement also includes any updates and supplements to the original version provided of ZYLA. By signing up or accessing ZYLA, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this EULA, do not sign up, subscribe, access, integrate, run, or otherwise use ZYLA. ZYLA is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

API PROVIDERS
API Providers are those who offer their APIs on the ZYLA marketplace/HUB so that other API Consumers can subscribe. API Providers offer their APIs on ZYLA in a subscription format. The API Providers are responsible for guaranteeing the correct functioning of the APIs listed in ZYLA.

API CONSUMERS
API Consumers are those who subscribe to APIs and use them for different purposes. By signing up for free they can test any API and then decide whether to sign up for a paid plan.

ZYLA AND THE SERVICE
ZYLA offers the marketplace/HUB to connect API Providers with API Consumers. The ZYLA website offers the possibility for API Providers to offer their APIs and set a price for the different plans. API Consumers subscribe to and use the APIs. ZYLA offers the collection system and offers a first level API Consumer support. ZYLA's QA team reviews all APIs uploaded by API Providers to ensure their quality and that the descriptions are correct. However, ZYLA is not responsible for the quality of the APIs offered on its marketplace.

REGISTRATION
API Providers and API Consumers must register with ZYLA by completing the registration forms in order to use the Service. You agree to (a) provide true, correct, up-to-date, and comprehensive information as may be prompted by the registration forms, (b) guard the confidentiality of your ZYLA account password, (c) maintain and promptly update the registration data and any other information you provide to ZYLA to keep it true, correct, up-to-date, and comprehensive, and (d) accept all risks of unauthorized access to the registration data and any other information you provide to ZYLA and (e) by signing up recognize to accept this Terms & Conditions and all future amendments.

RIGHTS AND RELATIONSHIP BETWEEN API PROVIDERS AND API CONSUMERS
The rules and conditions governing APIs (including their use) are between API Providers and API Consumers; ZYLA only offers the marketplace/HUB. The terms and conditions governing the use of and other rights in relation to such API are solely between each API Consumer and such API Provider, and not with ZYLA, as acknowledged and agreed by API Providers and API Consumers. The functioning of the API, 2nd level support, and all claims relating to the API are the responsibility of each API Provider (for example, product liability, API response accuracy, time response, legal compliance, or intellectual property infringement). ZYLA reserved the right, but not the obligation, to review, remove, filter, or keep track of any links to any API or any API Content/Term (as defined below), at any time and for any reason without prior notice. The removal of any API or any API Content/Term by ZYLA at its sole discretion is acknowledged and accepted by API Providers and API Consumers.

API PROVIDER GRANTS AND OBLIGATIONS
API Providers can offer their APIs through the marketplace/HUB by completing the API listing form. To list an API, API providers must set an API Name, a logo, a short description, a long description, the query URL, define the method type, input parameters, pricing for each of the plans, define any additional charges and any other applicable terms and conditions. The API Provider hereby authorizes ZYLA to use the Service to promote its APIs and the API Content/Terms offered by the API Provider. Additionally, the API Provider agrees to ZYLA using its name and, where appropriate, the API Provider's company name and logo to identify the API Provider (and, where appropriate, the API Provider's company) as a member of the ZYLA API network on the Site, on social media, in newsletters, and in any other media that ZYLA consider. The API Provider is responsible for monitoring and enforcing the terms and conditions applicable to each API to which it grants an API Consumer access. The API Provider recognises and accepts that ZYLA shall not be liable for any real or alleged violation of the rules governing the usage of the APIs by the API Consumer (or any damages arising out of or in connection with such actual breach or presumed). The API Provider represents and warrants that (a) all representations and warranties made by the API Provider with respect to the APIs it lists through the Service are true and accurate; and (b) owns (or has all rights to) market, promote, offer to sell, sell, grant access to, and distribute the APIs that you list through the Service and all API Content/Terms posted on the Service. If ZYLA gives a Provider of API contact information from an API Consumer, that Provider of API may use that information solely to provide the API of the Provider of API to the API Consumer in relation to the Service. In no event shall the API Provider elude the billing, management, market, or service of ZYLA, and/or use any information obtained through ZYLA, the service, or the website (including, among other things, the API Provider's customers' email addresses or other contract information) for any purpose other than that expressly permitted in these Terms. For example, API Providers may not use any API Consumer contact information to solicit API Consumers or other users to leave the Service or subscribe APIs directly through API Providers.

RIGHT TO CHANGE CONTENT OF FORMAT IN APIS
API providers will do their best not to affect any functionality of the existing APIs. In the case of adding functionalities, they must do so by adding new endpoints. If for some reason of force majeure it is impossible to maintain the functionality of an API or any of its endpoints, the API Provider will make its best efforts to communicate this to ZYLA as soon as possible. ZYLA will communicate the changes as soon as possible to the API Consumers of the API. The API Providers accept and acknowledge that any change in the endpoints or in the API in general may affect the operation of the product and lead to requests for total or partial refunds from API Consumers. ZYLA, at its sole discretion, has the right, but not the obligation, to compensate API Consumers for the partial or total lack of service of API Consumers subscribed to paid plans.

ABOUT PAYMENTS TO API PROVIDERS
Through the charging system provided by ZYLA in the HUB, ZYLA will charge the subscription amounts according to each plan defined by the API Provider and any other additional charges defined by it. ZYLA will make its best efforts to collect said amounts through its payment platform but will not be able, in any way, to ensure collectability. ZYLA is not responsible for any failure to collect (including, without limitation, any damages arising out of, resulting from, attributable to, or otherwise incidental to such failure). Once ZYLA receives an API subscription fee from an API Consumer, ZYLA will transfer said amount less the corresponding “Transaction Fee” to the API Provider. Payments to API Providers are made monthly between the 20th and 25th of the following month. ZYLA, at its sole discretion, may modify the Transaction Fee with no less than 7 days advance notice. ZYLA reserves the right, but not the obligation, to deduct any refund requested by an API Consumers. In the event that ZYLA decides to offer a refund to an API Consumer, such amount will be deducted from the collection that ZYLA must pay to the API Provider.

API CONSUMERS GRANTS AND OBLIGATIONS
The API Consumer can browse the listed APIs and subscribe to access a free plan to test the API or subscribe to a paid plan to use all the features offered by the plan. Unless expressly stated otherwise in the API pricing table or in its terms and conditions, the subscription will be automatically renewed at the end of the period (day, week, month, year, etc.). Each API Consumer may change the selected ZYLA subscription plan type or cancel the subscription plan in accordance with the terms and conditions of such subscription plan.

ABOUT THE SUBSCRIPTIONS

FREE PLAN
When new API Consumers sign up on the website, ZYLA gives them a free plan. The API Consumer's selected subscription will be charged to the account. The API Provider or/and ZYLA retain the right to at any time and without prior notice discontinue the free plan option or some of its features. API Consumers subscribed to this plan do not have the right to claim any type of compensation for malfunctioning of the service. Free plan and Trial Plan cannot be used for any commercial or public use or redistribution under any circumstances. The responses provided in the free plan are licensed for personal use and for testing use only.

SUBSCRIPTION PERIOD
Only a paid subscription is required to access the Service or certain portions of the Service. Depending on the type of subscription plan API Consumer chooses when purchasing the subscription, it will be invoiced in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually). Unless API Consumer decides to terminate it before the renewal date, the subscription will automatically renew at the end of each period under the same terms.

FEES AND PAYMENT
The following are the payment methods ZYLA accept: Stripe (Visa, Mastercard, American Express, etc) To access any of paid subscriptions, API Consumer needs to make a purchase or pay a charge. For any purchases made through the site, API Consumer promises to supply information that is up-to-date, complete, and accurate. In order for us to execute its transactions and get in touch with it as necessary, API Consumer also consents to immediately updating its account and payment information, including its email address, payment method, and credit card expiration date. For purchases made through the Site, ZYLA bill using a web-based billing account. Sales tax will be charged to the cost of purchases and it will be additional to the prices shown in the pricing section. Prices are subject to change at any time. Every payment must be made in US dollars. The API Consumer agrees to pay all fees and charges at the current rates.

BILLING
API Consumer must give ZYLA complete and accurate billing information, including its full name, address, state, zip code, phone number, and information on a legitimate payment method. If for any reason automatic billing is unable to take place, ZYLA will send you an electronic invoice informing API Consumer that it must manually make the entire payment corresponding to the billing period specified on the invoice by a specific deadline date. If it does not make the payment before the due date, ZYLA will suspend access to the features and services included by the paid subscription and its account will revert to the free plan.

REFUND POLICY
Refunds are valid within 2-hours after the time of purchase and only apply to the first payment ZYLA receives, as long as API Consumer hasn’t made more API Calls than those offered in the free plan. If for any reason the payment for the subscription is doubled, only requests for a refund of the doubled payment will be accepted within 72 hours after the payment is confirmed. Refund requests for duplicate payments made in months earlier than the current month won't be accepted. If API Consumer cancels its paid subscription on the website and, for any reason, the subscription cannot be canceled automatically in its Stripe account, claims will only be accepted within 72 hours of the cancellation made on the website. After this period, claims for refunds will not be accepted. To request a refund, API Consumer can send an email to us at hello[@]zylalabs.com with its purchase information and explain why. The ZYLA Customer Service team will analyze its claim and return a response. In the event that the refund request is accepted, a credit will be issued back to the API Consumer credit card used to purchase the software.

CANCELLATION POLICY
API Consumer can cancel its subscription at any time by logging into its web account. Its cancellation will be effective immediately, and any unused API calls and other features will not be refunded. Nor will a refund or credit note be made for unused days. If API Consumer is having difficulty canceling its paid subscription via the website, It can send an email to hello[@]zylalabs.com from the email address it used to register its account. ZYLA will not accept a cancellation request from an email account different from the one used to register its account. Sending the email with the cancellation request does not mean that its account will be automatically canceled. API Consumer must wait for instructions or confirmation from the ZYLA Customer Support team.

SERVICE SUPPORT
1st Level Standard Support Services are included for all APIs listed in ZYLA HUB for all plans between Monday - Friday from 8 am to 5 pm EST via chat or email. If API Consumer requires a more advanced level of support, It can contact ZYLA to acquire an Enterprise Plan. The 1st Level Support Team will take the consult and will try to resolve with the information provided by the API Provider. Generally, between 70-80% of API Consumer queries can be resolved by ZYLA's 1st Level Support Team. In the event that the query/problem cannot be resolved by ZYLA's 1st level Support team, it will escalate the problem to the API Provider who will have the obligation to attend and resolve all the required queries. ZYLA will not be responsible for delays or lack of response from the API Provider.

ZYLA HUB SERVICE LEVEL AGREEMENT
ZYLA and its dedicated support team work hard to provide high-quality service that meets the needs of even the most demanding API Consumers and API Providers. This is why all of its infrastructure is hosted in the cloud with top-of-the-line services that include backup and redundancy. In addition, all our services are monitored by an Operations Center capable of quickly identifying any type of failure and executing the planned contingency plans. Despite all such efforts, you acknowledge that ZYLA hub may not be accessible for any reason related or not to ZYLA and that refund requests related to service downtime will not be honored.

APIS SERVICE LEVEL AGREEMENT (BY API PROVIDERS)
The SLA offered by the API Providers to API Consumers will be declared in the description of each API or in the price list of the API listed. If the API Provider does not make an SLA declaration, the assured service level will be considered to be "Best Effort". In this case, refund requests will not be accepted due to lack of service, lack of accuracy of the information returned by the API, high response time or any other problem presented by the API.

ABOUT THE API CALLS
The API Calls described in the APIs refer to an API query. Queries made through the web interface are also considered an API Call. It will be considered a successful API CALL whenever the "Success" object returned is equal to "true". Any response with the success object "false", will not be deducted. If the API query returns a "true" response but the information is inaccurate or incomplete, the API call will be deducted.

RIGHT TO CHANGE CONTENT OF FORMAT
API Consumer and API Providers acknowledge that ZYLA may from time to time, and in its sole discretion, update or change the content or format of its marketplace. ZYLA shall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since ZYLA strives to accurately reflect these and adjust to these changes, significant advance notice is not always possible.

FORCE MAJEURE
ZYLA shall have no liability to API Providers or/and API Consumers under the Contract if it is prevented from or delayed in performing its obligations under the Contract, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of ZYLA or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of ZYLA or subcontractors, provided that the API Providers or/and API Consumer is notified of such an event and its expected duration.

PUBLICITY
By creating an account on ZYLA, you agree that ZYLA may include the name and its trademarks in a list of its users for promotional purposes. Your name or your trademarks may be used in press releases, on the website, in newsletters, in business presentations with other prospects, and in any other promotional material that ZYLA deems necessary. You may opt out of the provisions of this section by contacting ZYLA and expressly requesting not to use its name or trademark for promotional purposes.