7shifts API Terms of Service

7shifts API Terms of Service

Last updated: July 8th, 2021

The following terms and conditions (the “API Terms of Service”) govern your access to and use of our proprietary application programming interface, including our ‘7shifts API,’ ‘Partner API,’ ‘REST API,’ and ‘Public API’ (all versions) (collectively, the “7shifts API”) and the related documentation, the current version of which is located at 7shifts.com/api.7shifts.com/oauth.7shifts.com/developers.7shifts.com/ (the “7shifts API Documentation”), all of which are designed to facilitate your access to, and use of, our products and services. These API Terms of Service form an agreement between 7shifts Inc. (“7shifts”, “us”, “we”, “our”) and you. The term “you” refers to the person or entity accessing, downloading, implementing, storing or otherwise using the 7shifts API and 7shifts Documentation (“use” or “using” in these API Terms of Service will mean any of the foregoing).

BY USING THE 7SHIFTS API OR 7SHIFTS DOCUMENTATION, YOU REPRESENT AND WARRANT THAT: (A) YOU ARE A CUSTOMER OF OURS THAT HAS ENTERED INTO A CONTRACT WITH US FOR PRODUCTS OR SERVICES THROUGH WHICH THE 7SHIFTS API IS INTENDED TO INTEROPERATE (A “CUSTOMER USER”); OR (B) YOU ARE USING THE 7SHIFTS DOCUMENTATION ON BEHALF OF A CUSTOMER USER (A “NON-CUSTOMER USER”).

1. Changes to these API Terms of Service

Except where prohibited by applicable law, we reserve the right to change these API Terms of Service at any time by posting a new version on our 7shifts API website at https://developers.7shifts.com/terms/ (the “7Shifts API Site”). It is your obligation to monitor the 7shifts API Site for any such changes. Your continued access to or use of the 7shifts API or 7shifts API Documentation after any changes to these API Terms of Service indicates your acceptance of such changes. It is your responsibility to review the 7shifts API Site for the latest API Terms of Service regularly.

2. Use of the 7shifts API and 7shifts API Documentation

1. API Credentials Required to Access the 7shifts API. Certain authenticated features and functionality available through the 7shifts API may require an authentication key.

   1. If you are a Customer User and wish to access these features and functionality through the 7shifts API, you may be required to further generate one or more Client IDs, Client secrets, API keys or OAuth authorizations (each, an “API Credential and collectively, “API Credentials”). You acknowledge and agree that: (1) it is your responsibility to keep your API Credentials secure and confidential; and (2) we may revoke your API Credentials any time without your consent.

   2. If you are a Non-Customer User, you will need to request either an API Credential from 7shifts that has been authorized by the applicable Customer or or an API Credential directly from the Customer User on whose behalf you wish to use the 7shifts API.

2. Use of the 7shifts API. Subject to your compliance with the terms and conditions hereunder. You may use the 7shifts API solely in accordance with these API Terms of Service and the 7shifts API Documentation.

3. Licence to 7shifts API Documentation. We hereby grant to you a revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the 7shifts API Documentation solely to facilitate your development of applications that interface with our products and services in accordance with these API Terms of Service and the 7shifts API Documentation (each such application, an “Application”).

4. API Call Limitations.The number of calls you or your Application makes to the 7shifts API during any given period may be limited, at our sole discretion, based on various factors that include the manner in which your Application makes calls to the 7shifts API and the anticipated volume of use associated with your Application.

5. Changes to the 7shifts API. We reserve the right to change the 7shifts API and 7shifts API Documentation at any time and without notice. You acknowledge and understand that these changes may require you to make substantial changes to your Application at your own cost and expense. It is your responsibility to review the 7shifts Documentation and these API Terms of Service regularly.

6. Suspension or Revocation of Access. Notwithstanding the foregoing, we retain the right, at our sole discretion, to suspend or revoke your access to the 7shifts API, at any time and for any reason, including: (i) your violation of these API Terms of Service; (ii) your use of the 7shifts API contrary to the 7shifts API Documentation; (iii) for scheduled maintenance; or (iv) to address any emergency security concerns.

3. 7shifts API Use Restrictions.

You will not use or access the 7shifts API in any way not expressly permitted under these API Terms of Service or the 7shifts API Documentation. Without limiting the generality of the foregoing, you will not:

1. develop any Applications that: (i) are fraudulent or misleading; (ii) infringe on any third party’s intellectual property rights or rights of publicity or privacy; (iii) are defamatory, trade libelous, threatening, or harassing; (iv) contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data; (v) replicate or attempt to replace the essential user experience of the 7shifts API or any of our other products or services; (vi) access or use any 7shifts APIs features or functionality that have not been documented in the 7shifts API Document, including any features or functionality that an experienced programmer would reasonably understand or suspect to be intended for internal use and not for persons other than 7shifts, without the prior written consent of 7shifts; or (vii) otherwise violate any applicable law;

2. modify, decompile, reverse engineer, or otherwise alter the 7shifts API;

3. use the 7shifts API in any manner that may threaten the security or functionality of the 7shifts API or our products or services;

4. use the 7shifts API to circumvent the intended features, functionality or limitations of our other products or services; or

5. perform any vulnerability, penetration or similar testing on the 7shifts API.

4. General Data

1. Data That You Transmit Using the 7shifts API. You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable licence during the term of use of the 7shifts API to access, collect, store and use any data, information, records and files that: (i) you load, transmit to or enter into the 7shifts API (“Transmitted Data”); or (ii) we collect from your usage of the 7shifts API, to: (1) develop, enhance and make available the 7shifts API and our products and services; and (3) to produce data, information or other materials that are not identified as relating to you or any particular individual or company (such data, information and materials, the “Aggregated Statistical Information”).

2. Additional Non-Customer User Obligations. If you are a Non-Customer User, subject to your agreement with, and obligations to, the applicable Customer, you will:

   1. promptly delete any and all information and data obtained through the 7shifts API upon our request or the request of the applicable Customer that has provided you with the related API Credentials, including in connection with: (1) when your access to the 7shifts API is suspended or revoked; (2) when you deactivate your Application or otherwise remove its integration from the 7shifts API; or (3) when it is no longer reasonably required by you or your Application.

   2. only use information that you have access to using the 7shifts API solely for the benefit of the Customer User to whom the applicable API Credential relates; and

   3. not disclose any data obtained through the 7shifts API without the consent of the Customer User to whom the applicable API Credential relates.

5. Monitoring Usage of API

You acknowledge and agree that we may monitor your use of the 7shifts API and that you will not block or otherwise interfere with our monitoring.

6. Communications Not Confidential

Your use of the 7shifts API requires the transmission of data and information over the Internet and public networks. Accordingly, we do not, and cannot, guarantee the confidentiality, security or reliability of any communications made through the 7shifts API.

7. Ownership

All rights (including intellectual property rights), title and interest in and to the 7shifts API, the 7shifts API Documentation, Aggregated Statistical Information and all other materials provided by us hereunder, and any update, adaptation, translation, customization or derivative work thereof, will remain with us (or our third party suppliers, if applicable). The 7shifts API, 7shifts API Documentation and all materials provided by us hereunder are licensed and not “sold” to you. All rights not expressly granted to you in these API Terms of Service are reserved.

8. Disclaimer

YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE 7SHIFTS API AND 7SHIFTS API DOCUMENTATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE 7SHIFTS API AND 7SHIFTS API DOCUMENTATION, WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE 7SHIFTS API OR 7SHIFTS API DOCUMENTATION IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

IF YOU ARE A CUSTOMER, YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT IF YOU DISCLOSE YOUR API KEYS TO THIRD PARTIES, THEY MAY HAVE ACCESS TO, AND THE ABILITY TO MODIFY OR DELETE, YOUR INFORMATION, DATA, AND MATERIALS, INCLUDING INFORMATION, DATA AND MATERIALS THAT MAY BE SENSITIVE, CONFIDENTIAL OR VALUABLE. WE CAN NOT, AND WILL NOT, BE RESPONSIBLE FOR ACTIONS OF ANY THIRD PARTY TO WHOM YOU DISCLOSE YOUR API KEYS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE 7SHIFTS API AND 7SHIFTS API DOCUMENTATION OR THESE API TERMS OF SERVICE. FOR ANY OTHER DAMAGES, OR TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE API TERMS OF SERVICE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE 7SHIFTS API AND 7SHIFTS API DOCUMENTATION EXCEED $100 CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE API TERMS OF SERVICE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

10. General Provisions

1. Choice of Law.
   Except as restricted by applicable law, these API Terms of Service will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and such laws apply to your access to or use of the 7Shifts API and 7Shifts API Documentation, notwithstanding your domicile, residency or physical location. You will only use the 7Shifts API and 7Shifts API Documentation in jurisdictions where the 7Shifts API and 7Shifts API Documentation may lawfully be used. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these API Terms of Service. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction

2. Entire Agreement.
   These API Terms of Service constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the 7Shifts API and 7Shifts API Documentation.

3. Waiver.
   Our failure to insist upon or enforce strict performance of any provision of these API Terms of Service will not be construed as a waiver of any provision or right. A waiver of any provision of these API Terms of Service must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.

4. Severable.
   If any of the provisions contained in these API Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these API Terms of Service and all other provisions of these API Terms of Service will remain in full force and effect.

5. Assignment.
   You will not assign these API Terms of Service to any third party without our prior written consent. We may assign these API Terms of Service or any rights under these API Terms of Service to any third party without your consent. Any assignment in violation of this Section will be void. The terms of these API Terms of Service will be binding upon permitted assignees. These API Terms of Service will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.

6. English Language.
   It is the express wish of the parties that these API Terms of Service and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

11. Contact

If you have any questions or comments regarding these API Terms of Service, please contact us at api-support@7shifts.com