Terms of Use

These Terms of Use apply to the access to or use of our APIs between Sparse B.V. in Zwolle, The Netherlands, Chamber of Commerce 83937552 and its counterpart “customer”.

We may refer to “Sparse” in the Terms of Use as “supplier”, “we”, “our”, or “us”.

Chapter 1. Account and Registration

Article 1: Acceptance of the Terms of Use

1.1 The customer may not use the APIs and may not accept the Terms of Use if the customer:

  • is not of legal age to enter into a binding contract with Sparse;
  • is not authorized to enter into a binding contract with Sparse on behalf of the company.

Article 2: Registration

2.1 To access certain APIs, the Customer may be asked to provide certain information (such as identification or contact information) as part of the registration process for the APIs.
2.2 All registration information provided to Sparse must always be accurate and up-to-date.

Chapter 2. Use of our APIs Article

Article 3: End Users

3.1 Customer shall require end users to comply with applicable laws and regulations and the Terms of Use (and not enable them to violate such terms).

Article 4: Compliance with Law

4.1 Customer shall comply with all applicable laws and regulations and rights.
4.2 The APIs shall not be used to encourage or promote illegal activities or infringement of third-party rights.

Article 5: Permitted Access

5.1 Identities of customer or API clients shall not be masked when using the APIs.

Article 6: API Limitations

6.1 Sparse imposes and enforces limitations on use of the APIs (such as limiting the number of API requests or the number of users you may serve), in its discretion. Customer agrees to such limitations and shall not attempt to circumvent such limitations.
6.2 If customer desires to use an API beyond these limits, explicit permission must be granted by Sparse. Sparse may refuse such a request or make acceptance subject to customer’s agreement to additional terms and/or fees for such use.

Article 7: Communication

7.1 Sparse may send certain communication related to the use of the APIs.

Article 8: Feedback

8.1 If customer provides feedback or suggestions about our APIs, we (and those we allow) may use such information without obligation to customer.

Article 9: Non-Exclusivity

9.1 The Terms of Use are non-exclusive.
9.2 Customer acknowledges that Sparse may develop products or services that compete with the API Clients or other products or services.

Article 10: Modification

10.1 We may modify the Terms of Use or any portion thereof to, for example, reflect changes to the law or changes to our APIs.
10.2 Customer should review the Terms of Use periodically.
10.3 Changes related to new features for an API or changes for legal reasons will be effective immediately.
10.4 If customer does not agree to modified Terms of Use for an API, use of that API must be discontinued.
10.5 Continued use of the API constitutes acceptance of the modified Terms of Use.

Chapter 3. API Clients

Article 11: API Clients and Monitoring

11.1 An API Client is a customer application that uses the Sparse API. The APIs are designed to supplement and enhance customer applications.
11.2 Customer agrees that Sparse may monitor the use of the APIs to ensure quality, improve products and services, and verify compliance with the Terms of Use.
11.3 Customer will not interfere with such monitoring.
11.4 Sparse may use all technical means to remedy any such disruption.
11.5 Sparse may suspend access to the APIs by customer or API Client without notice if we reasonably believe that the Terms of Use are being violated.

Article 12: Security

12.1 Customer will make reasonable efforts to protect user information collected by API Client, including personally identifiable information, against unauthorized access or use.
12.2 Customer will immediately notify your users of any unauthorized access to or use of such information as required by applicable law.

Article 13: Ownership

13.1 Sparse does not acquire ownership of API Clients, and by using our APIs, customer does not acquire any rights to our APIs or the content accessed through our APIs.

Article 14: User Privacy and API Clients

14.1 Customer will comply with all applicable privacy laws and regulations.
14.2 Customer will create and adhere to a privacy policy for API Clients that clearly and accurately describes to users of API Clients what user information is collected and how such information is used and shared with Sparse and third parties.

Chapter 4. Prohibitions and Confidentiality

Article 15: API Prohibitions

15.1 When using the APIs, it is not allowed for the customer to:

  • License an API for use by third parties. The customer shall not create an API client that substantially performs the same function as the APIs and offer it for use by third parties.
  • Perform an action with the intention of introducing viruses, worms, defects, Trojan horses, malware, or other items of destructive nature into the products and services of Sparse.
  • Defame, abuse, harass, stalk, or threaten others.
  • Disrupt or interfere with the APIs or the servers or networks that provide the APIs.
  • Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
  • Reverse engineer or attempt to extract the source code of an API or related software, except to the extent that this restriction is expressly prohibited by applicable law.
  • Use the APIs for activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage.
  • Perform load testing on the Sparse APIs.
  • Perform penetration testing on the Sparse APIs.

Article 16: Confidential Matters

16.1 Credentials (such as passwords, keys, and client IDs) are intended for your use and to identify your API client.
16.2 The customer shall keep credentials confidential and make reasonable efforts to prevent and discourage the use of your credentials by other API clients.
16.3 Credentials may not be included in open source projects.
16.4 Our communication with the customer and our APIs may contain confidential information from Sparse.
16.5 Confidential information from Sparse includes all materials, communication, and information marked as confidential or that would normally be considered confidential under the circumstances.
16.6 If the customer receives such information, it shall not be disclosed to third parties without the prior written consent of Sparse.
16.7 Confidential information from Sparse does not include information that the customer has independently developed and lawfully received from a third party without a confidentiality obligation or that becomes public without the fault of the customer.
16.8 The customer may disclose confidential information from Sparse when required to do so by law and provides us with reasonable prior notice, unless a court orders us not to receive notice.

Chapter 5. Termination

Article 18: Termination

18.1 Customer may terminate use of our APIs at any time with or without notice.
18.2 If Customer wishes to terminate the Terms of Use, Customer must notify Sparse of such termination in writing prior to cessation of use of the applicable APIs.
18.3 Sparse reserves the right to terminate the Terms of Use or to discontinue the APIs or any portion or feature or access thereto for any reason and at any time without liability or other obligation to Customer.

Article 19: Customer Obligations Upon Termination

19.1 Upon termination of the Terms of Use or discontinuation of access to an API, Customer shall immediately cease use of the API.
19.2 Sparse may independently communicate with any account owner whose account(s) are associated with API Client and credentials to notify them of the termination of your right to use an API.

Chapter 6. Liability of APIs

Article 20: Warranties

20.1 Except as expressly set forth in the Terms of Use, neither Sparse nor its suppliers or distributors make any specific commitments about the APIs.
20.2 For example, we make no commitments about the content accessible 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.”
20.3 Some jurisdictions provide for certain warranties, such as the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. Unless expressly stated in the Terms of Use, we exclude all warranties, conditions, representations, and undertakings to the extent permitted by law.

Article 21: Limitation of Liability

21.1 To the extent permitted by law, Sparse and Sparse’s suppliers and distributors are not liable for lost profits, revenues, or data; financial losses; or indirect, special, consequential, exemplary, or punitive damages.
21.2 To the extent permitted by law, the total liability of Sparse, 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 preceding the event giving rise to the liability.
21.3 In all cases, Sparse, and its suppliers and distributors, are not liable for any costs, losses, or damages that are not reasonably foreseeable.

Article 22: Indemnification

22.1 Unless prohibited by applicable law, customer will defend and indemnify Sparse, and its affiliates, directors, officers, employees, and users, from and against all liabilities, damages, losses, costs, fees (including legal fees), and expenses arising from any third-party allegation or claim to the extent arising out of or in connection with:

  • misuse of the APIs;
  • violation of the Terms of Use;
  • or any content or data routed into or used with the APIs by customer or its end users.