API Terms of Use

Protecting our users' privacy is of the utmost importance to us. As such, this Terms of Use sets the minimum requirements for the usage of the Equotix One API. Do ensure you read it carefully and understand these terms so you are aware of your legal rights and obligations with respect to Equotix Pte Ltd (individually and collectively, "Equotix", "Company", "we", "us", "our"). If you do not accept the terms, you shall not use the Equotix One API.

1. Definitions

"API" means the application programming interface made available by Equotix One.
"Application" means the software application, website, interface or any other means developed to access our API.
"Data" means the information retrieved from the API, such as but not limited to images, words, orders and numbers. This includes information retrieved from our connected platforms stored in our Service.
"Service" means the Equotix One platform, Equotix One API as well as any associated website or products offered by Equotix.

2. General

1. We may make amendments to these terms without prior notice.
2. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal or internal business purposes. You may not modify, distribute, sell, or create derivative works based on the Service without the prior written consent of Equotix.
3. We may change, discontinue or amend the Equotix One API at any time for any reason without prior notice.
4. From time to time, our Service may also include links to other websites. These links are provided for your convenience. The links do not signify that we endorse the websites. We have no responsibility for the content of the linked websites.

3. Equotix One API

1. You must keep all API credentials and login information for the Service secure.
2. You shall only use the Equotix One API to develop and distribute applications for your use.
3. You shall not use the API to monitor the availability, performance or functionality of the Service.
4. You shall not use the API to engage in any malicious or illegal activity.
5. You shall not develop applications that uses excessive resources that affects the performance of the Service.

4. Security & Data

1. You shall at all times employ access control mechanism that prevents authorised access to the Service.
2. You shall apply appropriate security to protect the data retrieved from the Service.

5. Incident Response and Report

1. You will maintain an Incident response team and have appropriate response plan to mitigate the effect of the Incident should there be an Incident.
2. Upon the discovery of the Security Breach, you are to notify us within 24 hours of the Incident through our help desk. The notification shall include:
   1. a description of the incident;
   2. the affected application; and
   3. other information that may be useful.
3. You shall ensure that the affected third parties are notified of the Incident. You shall bear any costs for such notification, including reimbursing Equotix for the notification and monitoring of Incident and the affected Data.
4. You shall retain all Incident reports until Equotix determines that the reports are no longer required. You will allow Equotix or its appointed auditor to review and verify relevant records, access logs and data pertaining to the Incident.

6. Storage and Handling of Data

1. You will apply suitable physical security measures to protect the access to the Service and its Data.
2. You shall also apply suitable software security to protect the Data provided to you for handling and storage. This can be in the form of encryption or an anti-virus software.
3. Should you no longer require the Data, you are to dispose of it immediately.
4. Except where prohibited by the laws, you shall dispose of the stored Data immediately upon termination of the Service or at any time upon written request from Equotix.
5. If requested, you will provide a written certification to Equotix upon the disposal of the Data.
6. You agree that you do not have ownership of the Service or the Data at any point in time.

7. Security Audits

1. We may monitor the use of the Service to improve our Service and its Security. This may include accessing your Application or requesting for data logs from you.
2. We have the right to audit or appoint a third party auditor to audit your Application. If requested, you shall provide the necessary access.

8. Disclaimer of Warranties

Equotix does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our Service for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

9. Limitation of Liability

1. You specifically agree that Equotix shall not be responsible for unauthorised access to or alteration of your transmissions of data, any material or data sent or received or not sent or received, or any transactions entered into through this Service. You specifically agree that Equotix is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any part or any infringement of another's rights, including intellectual property rights. You specially agree that Equotix is not responsible for any content sent using this Service or included in this Service by any third party.
2. Equotix shall not be liable for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
3. The limitations on Equotix's liability to you above shall apply whether or not Equotix has been advised of or should have been aware of the possibility of any such losses arising.

10. Indemnification

You agree to indemnify and hold Equotix, its affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another.

11. Termination

Equotix reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Service at any time, for any or no reason, with or without prior notice, and without liability.

12. Governing Law

These Terms and your use of the Software shall be governed by and construed in accordance with the laws of Singapore. Any dispute arising out of or relating to these Terms or the Software shall be resolved through binding arbitration in accordance with the rules of the International Chamber of Commerce.

Equotix Pte Ltd