Terms of Use
Effective Date: May 12, 2023
Please read these Terms of Use ("Terms") carefully before using MuniAPI.com (referred to as "the Website" or "our Website"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and MuniAPI.com ("we," "us," "our," or "the Company") regarding your use of the Website and any products or services offered through the Website.
By accessing and using MuniAPI.com (referred to as "the Website" or "our Website"), you acknowledge and agree to the following:
Website Usage and Access
- Website Usage: You are permitted to freely use the Website to register, explore, and learn about the products and services offered. This includes accessing information, browsing product catalogs, and obtaining details on pricing, features, and availability.
- Product Registration and Purchases: The Website allows you to register and create an account to facilitate product purchases. You may use your account to browse, select, and purchase products available on the Website. The terms and conditions related to purchases are covered in other sections of these Terms of Use.
- Anonymous Analytics: To enhance user experience and improve our services, we collect anonymous analytics data. This data helps us track website usage patterns, identify areas for improvement, and measure overall performance. The analytics data does not include personally identifiable information and is used solely for internal purposes.
- Intellectual Property: All content, including text, images, graphics, logos, videos, and software, available on the Website is protected by intellectual property laws. You agree not to reproduce, modify, distribute, or create derivative works based on our intellectual property without obtaining our prior written consent.
- Third-Party Links: The Website may contain links to third-party websites or resources that are not owned or controlled by MuniAPI.com. We are not responsible for the content, privacy policies, or practices of these third-party websites. You acknowledge and agree that we shall not be liable for any damages or losses resulting from your use of these third-party websites or resources.
- Website Security: We prioritize the security of your data and employ industry-standard measures to protect the Website and your personal information. However, no system is entirely foolproof, and we cannot guarantee the absolute security of the Website. You agree to use the Website at your own risk and take necessary precautions to protect your own data and devices.
- Service Modifications: We reserve the right to modify, suspend, or discontinue any aspect of the Website or its services at any time without prior notice. This includes changes to features, availability, pricing, and any other aspects related to the products and services offered on the Website. We shall not be liable to you or any third party for any modifications, interruptions, or discontinuations of the Website or its services.
- Compliance with Laws: You agree to use the Website in compliance with all applicable laws, regulations, and third-party rights. You are solely responsible for ensuring that your use of the Website does not violate any such laws, regulations, or rights.
Account Creation and Management
- Account Creation and Information: To access certain features and services on the Website, you may be required to create an account. During the account creation process, you will provide personal information, which will be stored and handled securely in accordance with our Privacy Policy. It is important to provide accurate and up-to-date information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- Third-Party Account Management: Account management, including payment processing and related activities, may be handled by a third-party service provider, Stripe, Inc. By using our products and services, you agree to abide by the terms and conditions of Stripe, Inc. in addition to these Terms of Use. Any information provided to Stripe, Inc. will be subject to their privacy policy and data handling practices.
- Communication and Marketing: By opting into additional communication regarding sales, promotions, and product updates, you give us consent to use your provided contact information to send you relevant communications. This may include emails, newsletters, and other marketing materials. You also acknowledge that by opting in, you may receive offers from our trusted third-party partners. You can manage your communication preferences or unsubscribe from marketing communications at any time by following the instructions provided in the communications or by contacting us directly.
- Ownership of Information: Any information or content provided by you during the account creation or usage of our services will be owned by us. However, we respect your privacy rights and handle your information in accordance with our Privacy Policy.
- Account Termination: We reserve the right to terminate or suspend your account, without prior notice, at our sole discretion if we believe your actions violate these Terms of Use or pose a risk to the security, integrity, or availability of the Website or our services. In the event of account termination, you will no longer have access to the features and services associated with your account.
- Children's Privacy: Our Website and services are not intended for use by individuals under the age of 13. If you are under the age of 13, you may not create an account or provide any personal information. We do not knowingly collect personal information from individuals under the age of 13. If we become aware that we have collected personal information from a child under the age of 13, we will take steps to delete such information from our records.
Ownership and Usage of Products
- Ownership of Products: All products and services available on the Website, including APIs, software, data, and related materials, are owned by MuniAPI.com. These products are protected by intellectual property laws and international treaties. You acknowledge that MuniAPI.com retains all rights, title, and interest in and to the products and services.
- Right to Use: When you purchase a product from MuniAPI.com, you are acquiring a limited, non-exclusive, and non-transferable right to use the product for its intended purpose. This right is granted to you personally and is not sublicensable or transferable to any other individual, company, or entity.
- Prohibited Actions: You may not resell, redistribute, sublicense, reproduce, modify, reverse engineer, decompile, or create derivative works based on the products and services without obtaining our explicit written consent. You agree not to use the products and services in any manner that violates applicable laws, regulations, or the rights of third parties.
- Usage Scope: We reserve the right to determine the appropriate usage scope of our products and services. If we deem your usage to be outside the intended purpose or in violation of these Terms of Use, we may revoke your right to use the product or service.
- Commercial License: If you hold a commercial license for our products, you are permitted to display the data obtained through our services to your users on one product. However, you are strictly prohibited from relicensing or sublicensing the data to other vendors, companies, or users for use elsewhere. To use the data on multiple products, you must purchase additional commercial licenses for each product.
- Personal License: If you hold a personal license, you are allowed to use the products and services offered by MuniAPI.com for personal use only. You may not share, distribute, or transfer the products, services, data, or information derived from them to any other individual, company, or vendor.
- Data Usage: The data provided through our products and services is intended for your use within the scope of the product's purpose. You are prohibited from scraping, extracting, stealing, or otherwise misusing our data. You may not relicense, sublicense, sell, or distribute our data without obtaining our explicit written consent.
Data Collection and Protection
- Data Collection: We may collect and process certain data from you as described in our Privacy Policy. This data may include personal information, usage statistics, and other relevant data necessary to provide and improve our products and services. By using our Website and services, you consent to the collection, storage, and processing of this data in accordance with our Privacy Policy.
- Prohibition of Data Scraping: You are strictly prohibited from engaging in any form of data scraping or automated data extraction from our Website or any of our products or services. Unauthorized data scraping may result in legal action.
- Protection of Our Data: The data provided through our products and services is our intellectual property and is protected by copyright and other applicable laws. You agree not to reproduce, modify, distribute, or create derivative works based on our data without obtaining our explicit written consent.
- Data Security: We implement reasonable security measures to protect the data you provide to us. However, no system is completely secure, and we cannot guarantee the absolute security of your data. You acknowledge and agree that you provide your data at your own risk.
- Third-Party Data: If our products or services involve the use of third-party data sources, you agree to comply with any terms, conditions, or restrictions imposed by those data providers. You understand that we do not control the accuracy, availability, or legality of third-party data and cannot be held responsible for any issues arising from its use.
- Data Retention: We retain your data for as long as necessary to fulfill the purposes outlined in our Privacy Policy. You can request the deletion or modification of your data in accordance with our data retention practices.
- Data Sharing: We may share your data with trusted third parties in accordance with our Privacy Policy. This may include sharing data with service providers or partners who assist us in delivering our products and services. We ensure that any third parties with whom we share your data adhere to appropriate data protection standards.
- Anonymized and Aggregated Data: We may aggregate and anonymize data to generate insights, statistics, or research reports. Such aggregated and anonymized data does not identify individual users and may be used for various purposes, including improving our products and services or sharing with third parties.
Payment and Refunds
- Payment Methods: Payments for products and services offered on our website are processed through Stripe, a third-party payment processor. Stripe handles payment processing, credit card handling, recurring payments, and subscriptions. By making a payment, you agree to comply with Stripe's terms and conditions in addition to our Terms of Use.
- Refund Policy: Please note that we do not generally provide refunds for our products and services. However, in the case of annual subscriptions, we may offer partial credit for any unused months at our discretion. This policy is in place to prevent abuse and maintain fairness for all users. Any requests for refunds or credit should be submitted to our support team for review.
- Disputes and Chargebacks: If you encounter any issues with a payment or have a dispute regarding a transaction, we encourage you to contact our support team first to resolve the matter amicably. Initiating unwarranted chargebacks or disputes without attempting to resolve the issue with us may result in the suspension or termination of your account.
- Currency and Pricing: All prices displayed on our website are in the currency specified during the checkout process. It is your responsibility to ensure that you understand the total amount charged, including any applicable taxes or fees. We reserve the right to modify our prices at any time, but any changes will not affect previous purchases or active subscriptions.
- Subscription Renewals: If you subscribe to any recurring services or products, such as annual subscriptions, your subscription will automatically renew at the end of the billing cycle, unless you cancel it. You can manage your subscription and cancellation settings within your account dashboard or by contacting our support team.
- Non-transferable Payments: Payments made for our products and services are non-transferable. You may not transfer, sell, or assign your payments or subscription to any other individual, entity, or account.
Limitation of Liability
- Disclaimer of Warranties: We strive to provide accurate and reliable information, products, and services. However, we do not warrant or guarantee the completeness, accuracy, reliability, or suitability of the content on our website. All information, products, and services are provided on an "as-is" and "as available" basis. Your use of the website and reliance on any information or materials is at your own risk.
- Third-Party Content and Links: Our website may contain content, links, or references to third-party websites, products, or services that are not under our control. We are not responsible for the availability, accuracy, or legality of such third-party content. Any reliance on third-party content or use of third-party websites is done at your own risk.
- Limitation of Liability: To the maximum extent permitted by applicable law, MuniAPI.com and its owners, directors, employees, or agents shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of the website, products, or services. This includes, but is not limited to, damages for loss of profits, data, business, or goodwill, even if we have been advised of the possibility of such damages.
- Indemnification: You agree to indemnify, defend, and hold MuniAPI.com and its owners harmless from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your use of the website, products, or services, your violation of any applicable laws or regulations, or your breach of these Terms of Use.
- Force Majeure: We shall not be liable for any failure or delay in performing our obligations under these Terms of Use if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, power outages, or any other events or occurrences beyond our control.
- Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you to the extent prohibited by law. In such cases, our liability shall be limited to the fullest extent permitted by applicable law.
Dispute Resolution and Arbitration
- Informal Resolution: In the event of any dispute, claim, or controversy arising out of or relating to your use of the website, products, or services, we encourage you to first attempt to resolve the matter informally by contacting our support team. We will make reasonable efforts to address and resolve your concerns promptly.
- Arbitration: If the dispute cannot be resolved informally, you and MuniAPI.com agree to resolve any such dispute, claim, or controversy through binding arbitration. Arbitration shall be conducted in accordance with the rules and procedures of a reputable arbitration organization mutually agreed upon by both parties. The arbitration shall take place in the jurisdiction where MuniAPI.com operates.
- Class Action Waiver: You and MuniAPI.com agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class, representative, or collective action. You waive the right to participate in any class, representative, or collective proceeding against MuniAPI.com.
- Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction where MuniAPI.com operates, without regard to its conflict of laws principles.
- Jurisdiction: Any legal action or proceeding arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the courts located in the jurisdiction where MuniAPI.com operates.
- Severability: If any provision of this section is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the extent necessary to make it valid, legal, and enforceable while preserving the parties' original intent.
Termination of Services
- Termination by User: You have the right to terminate your account and discontinue the use of our products or services at any time. You can initiate the account termination process by contacting our support team or following the account closure procedure specified on the website.
- Termination by MuniAPI.com: We reserve the right to terminate or suspend your account or access to our products or services, in whole or in part, at our sole discretion and without prior notice. We may take such action if we believe that you have violated these Terms of Use, engaged in fraudulent activities, or for any other reason that we deem necessary to protect the integrity and security of our website and services.
- Effect of Termination: Upon termination of your account or access to our products or services, you will no longer have the right to access or use any information, data, or materials associated with your account. Any licenses or permissions granted to you under these Terms will be immediately revoked.
- Survival of Provisions: The termination of your account or access to our products or services shall not affect the survival of any provisions of these Terms of Use that by their nature should survive termination, including but not limited to sections related to ownership, data protection, limitation of liability, and dispute resolution.
- No Obligation to Store Data: Following the termination of your account or access to our products or services, we may delete or remove any data, information, or content associated with your account. We have no obligation to retain or provide you with a copy of such data or information.
- No Obligation to Provide Notice: While we strive to provide prior notice for account terminations or suspensions, we reserve the right to take immediate action without notice if we believe it is necessary to protect the security or integrity of our website and services.
Agreement and Acceptance
- Binding Agreement: These Terms of Use constitute a legally binding agreement between you and MuniAPI.com. By using our Website, creating an account, or purchasing our products, you signify your acceptance of these Terms and agree to comply with them. If you do not agree with any provision of these Terms, you should refrain from using our Website and services.
- Ambiguity and Modifications: While we strive to provide clear and comprehensive terms, there may be instances where ambiguity arises. In such cases, we reserve the right to interpret and make the final decision regarding the interpretation of these Terms. We may also modify or update these Terms from time to time, and it is your responsibility to review them periodically. Your continued use of our Website and services after any modifications constitutes your acceptance of the updated Terms.
- Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the extent necessary to make it valid, legal, and enforceable while preserving the parties' original intent.
- Waiver: Our failure to enforce any provision of these Terms or to respond to a violation by you or others shall not constitute a waiver of our rights. We reserve the right to enforce our rights and remedies at any time, including in situations where we may not have promptly enforced such rights in the past.
- Governing Law and Jurisdiction: These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction where MuniAPI.com operates. Any disputes arising out of or relating to these Terms or your use of our Website and services shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
- Entire Agreement: These Terms of Use, along with our Privacy Policy and any additional agreements or policies referenced herein, constitute the entire agreement between you and MuniAPI.com concerning the subject matter herein and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written.