This is a legal document, sorry about some of the language but our lawyers made us do it. If you're going to invest lots of time in using our APIs we recommend you read it thoroughly, because we want you to gain comfort and confidence in the agreement. As you review this, please keep these three principles in mind:
Respecting Otreeba's content creators is very important to us. Whether it's one patient or a large business, the cannabis community worldwide is using Otreeba to share experiences and products. Part of our obligation to the community is to give companies and consumers the tools to manage how their content is shared. Sometimes this respect manifests itself in what we do (or don't) support in these APIs. We also depend upon your judgement to use these APIs with the respect that the cannabis industry and that cannabis consumers and products deserve.
We're trying to open up the world of cannabis to a bunch of different ideas that may or may not exist today. Developers are a creative bunch, so we've tried to allow for all possibilities, but we know we may fall short. Use what we've given to make something great and let us know what else we may be able to provide you.
As may be the case with you, Otreeba is small and growing. As we expect this growth, we expect the Terms of Service will evolve over time as technology advances. Please recognize this is in the nature of a growing industry.
Anyway, thanks for getting this far. We want to be your partner and we can't wait to see what you build!
You may use the Otreeba API, and the data, content, and information made available through the Otreeba APIs ("API Data"), in connection with a website or software application ("API Client") developed by You only in accordance with the terms and conditions of the Agreement and Terms of Service, the Otreeba API documentation and specifications (currently located at https://api.otreeba.com/swagger/), and the developer credentials and API Client IDs assigned to You by Otreeba.
Otreeba may monitor Your use of the APIs to ensure quality, improve Otreeba products and services, and verify Your compliance with these terms. You shall not interfere with such monitoring or otherwise obscure from Otreeba Your use of the APIs. Otreeba may use any technical means to overcome such interference.
You agree not to use our APIs for any of the following commercial uses unless You obtain Otreeba's prior written approval:
the sale of the our APIs, API Data, Content or related services, or access to any of the foregoing;
the sale of advertising, sponsorships, or promotions placed on or within Content; or
the sale of advertising, sponsorships, or promotions on any page of the API Client containing Content, unless other content not obtained from Otreeba appears on the same page and is of sufficient value to be the basis for such sales.
The following commercial uses are permitted provided that You comply with all other terms and conditions of this Agreement:
the sale of an API Client;
uploading original Content to Otreeba, or maintaining a listing on Otreeba, to promote Your own business or artistic enterprise;
using our APIs to show Content on an ad-enabled API Client (such as an ad-enabled blog or website), subject to the advertising restrictions set forth above in Section 2;
the placement of Your own branding on the API Client, provided that it does not interfere with Content or with any Otreeba branding; or
the sale or distribution of any device that contains or runs an API Client;
"Otreeba Brand Features" means the trade names, trademarks, service marks, logos, domain names and other distinctive brand features of Otreeba. Otreeba grants You a non-exclusive license to use the Otreeba Brand Features solely in connection with their display on or through the API Client as delivered by Otreeba.
Otreeba may terminate Your license to use the Otreeba Brand Features at any time for any or no reason. Goodwill in Otreeba Brand Features will inure only to Otreeba's benefit and You obtain no rights with respect to any of them. You irrevocably assign and will assign to Otreeba any right, title and interest that You obtain in any of Otreeba's Brand Features.
You shall not at any time challenge or assist others to challenge Otreeba Brand Features or their registration (except to the extent You cannot give up that right by law) or attempt to register any trademarks, marks or trade names confusingly similar to those belonging to Otreeba. This paragraph survives any termination or expiration of this Agreement.
Your API Client may employ session-based caching solely of API results, but You must use commercially reasonable efforts to cause Your API Client to update cached results upon any changes in metadata.
Each API Client must contain means for You to update the API Client to the most current version of our API after any version has been deprecated. For non-website implementations, You must have means of remotely updating each API Client that has already been distributed to an end user.
Otreeba will announce if it intends to discontinue or make backwards incompatible changes to our API or Content. Otreeba will use commercially reasonable efforts to continue to operate those API versions and features without these changes until the later of:
(i) one year after the announcement or
(ii) as Otreeba determines in its reasonable good faith judgment: required by law or third party relationship (including if there is a change in applicable law or relationship), or doing so could create a security risk or substantial economic or material technical burden.
Otreeba may, in its sole discretion, set a quota of operations on our API usage. You shall not attempt to circumvent automated use-quota restrictions.
Your API Client will not, and You will not encourage or create functionality for Your users or other third parties to:
collect or modify any Otreeba user account information;
interfere or attempt to interfere in any manner with the proper workings of the API, or create or distribute any API Client that adversely affects the functionality or performance of Content or services provided by Otreeba;
circumvent or render ineffective any geographical restrictions, including IP address-based restrictions;
sell, lease, lend, convey, redistribute, or sublicense to any third party all or any portion of our API or API Data (except that You may distribute and display the Content and accompanying metadata to Your users through Your API Client in a manner that complies with this Agreement);
modify, replace or otherwise disable the functioning of links to Otreeba or third-party websites provided in the Otreeba search results or otherwise provided through our API;
use our API intentionally to encourage or promote copyright infringement or the exploitation of copyright-infringing materials;
misrepresent Your identity when registering for use of our API, use the developer credentials licensed to a different individual or entity, or mask Your usage of the our API.
You may only use our APIs in compliance with local, state and federal laws and regulations.
You may only use our APIs in compliance with international law and the laws of Your country.
You explicitly acknowledge that the use of cannabis may be illegal is some US state jurisdictions, may violate some international regulations, and is illegal under US federal law.
You agree to comply with all local, state, federal and international provisions when using our APIs.
Violation of any local, state, federal or international statute automatically voids this Agreement and any subsequent use of our APIs or Content is in violation of this agreement.
You are hereby additionally required to notify Otreeba of Your violation of any local, state, federal or international law or regulation.
You may not use our APIs or Content in any manner that violates third parties' rights or violates any Otreeba policies and You may not use our APIs or Content in a manner that is deceptive, unethical, false or misleading.
You shall not distribute or provide access to the applications You develop in contravention of U.S. export control or trade laws.
Except as expressly granted herein, neither party through this Agreement grants the other party any intellectual property rights or other proprietary rights. As between You and Otreeba, Otreeba, its corporate affiliates, and its applicable licensors retain all intellectual property rights (including all patent, trademark, copyright, trade secret, and other proprietary rights) in and to our API and its documentation and specifications, all Otreeba websites and all Otreeba services and Content and any derivative works in connection therewith.
For the avoidance of doubt, You retain all rights in and to Your API Client, excluding foregoing Otreeba materials and intellectual property. All license rights granted herein are not sublicensable, transferable or assignable unless otherwise stated herein.
This Agreement is a non-exclusive agreement. You acknowledge that Otreeba may be developing or may develop products or services, or may serve other customers that may compete with Your API Clients or any other products or services which You may create.
You agree that Otreeba may use You, Your company, Your API Client, organization, or product name and/or logo in presentations, marketing materials, customer lists, financial reports, website listings of customers, research and marketing case studies and other marketing-related activities.
You may not issue any public announcement regarding Your use of our API which suggests partnership with Otreeba without Otreeba's prior review and express written approval. Such approval may be granted at Otreeba's sole discretion.
You shall not disclose Your developer credentials or Your API Client IDs to any third party except Your agent(s) using such information solely on Your behalf in accordance with this Agreement and under a written agreement of confidentiality.
You shall not disclose any Otreeba Confidential Information to any third party without Otreeba's prior written consent. "Otreeba Confidential Information" means all non-public Otreeba software, technology, programming, and specifications relating to our API and Content, and any other information designated in writing by Otreeba as "Confidential" or an equivalent designation.
Otreeba Confidential Information does not include information that has become publicly known through no breach by You or Otreeba, or information that has been:
(a) independently developed without access to Otreeba Confidential Information as evidenced in writing;
(b) rightfully received by You from a third party who has the lawful right to disclose such information; or
(c) required to be disclosed by law or by a governmental authority.
You shall indemnify, defend and hold Otreeba, its agents, affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") by a third party arising out of Your use of our API in any manner that breaches this Agreement or otherwise arising out of materials or technology contributed by You and not by Otreeba.
At Otreeba's option, You shall assume control of the defense and settlement of any Claim subject to indemnification by You (provided that, in such event, Otreeba may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, You shall not settle any such Claim without Otreeba's prior written consent).
Any licenses contained in this Agreement will terminate automatically without notice if You fail to comply with any provision of this Agreement. Otreeba reserves the right to terminate this Agreement or discontinue our API, Content or any portion or feature thereof for any or no reason and at any time without liability to You.
Upon any termination or notice of any discontinuance, You shall immediately stop and thereafter desist from using our API and delete all API Data in Your possession or control (including, without limitation, from Your servers).
Otreeba may independently communicate with any account owner whose account(s) are associated with Your API Client IDs and developer credentials to provide notice of both the termination of Your right to use our API and the display of any advertisements associated with Your API Clients. Section III of this Agreement shall survive any termination or expiration of this Agreement and will continue to bind You in accordance with its terms.
SMOKE REPORTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. SMOKE REPORTS SHALL HAVE NO DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE LEGALITY OF THE USE OF OUR APIS AND CONTENT UNDER LOCAL, STATE, FEDERAL AND INTERNATIONAL LAW. IN THE EVENT THAT ANY OF THE FOREGOING IS NOT ENFORCEABLE, SMOKE REPORTS AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO FIVE HUNDRED DOLLARS ($500.00).
You hereby release and covenant not to sue Otreeba and its corporate affiliates and any of their officers, directors, employees, agents, shareholders, licensors, licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims
(a) pertaining to any intellectual property You develop that is based on, uses, or relates to our APIs; and
(b) which otherwise may arise in connection with Your use of, reliance on, or reference to our APIs.
If You have a dispute with one or more Otreeba account owners, You release Otreeba and its corporate affiliates and any of their officers, directors, employees, agents, shareholders, licensors, licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims arising out of or in any way connected with such disputes.
If You are a California resident, You waive California Civil Code 1542 which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
The Agreement is governed by California law, except for California's conflicts of laws principles, and all claims arising out of or relating to this Agreement or the Otreeba services and programs shall be litigated exclusively in the federal or state courts of San Francisco, California, USA, and You and Otreeba consent to personal jurisdiction in those courts.
The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. You may grant approvals, permissions and consents to Otreeba by email, but any modifications by You to this Agreement shall be made in a writing (not including email) executed by both parties.
Any notices to Otreeba shall be sent to our corporate headquarters address as set forth on our website via first class or air mail or overnight courier, and is deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention, and remaining provisions of the Agreement will remain in full effect.
You shall not assign or otherwise transfer any of Your rights or delegate Your obligations hereunder and any such attempt is null and void.