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API Licence Agreement

Effective: 01 August 2022

ESP API

As of August 1, 2022 (the, "Effective Date"), WELLWELLWELL INVESTMENTS (Pty) Ltd ("WELLWELLWELL") have updated this API Licence Agreement (the, "Agreement").

By using the EskomSePush (ESP) API and/or data it provides (the Service) provided by WELLWELLWELL, You agree to be bound by this Agreement. If You are entering into this Agreement on behalf of a company, organisation or another legal entity (an "Entity"), You are agreeing to this Agreement for that Entity and representing to WELLWELLWELL that You have the authority to bind such Entity and its Affiliates to this Agreement, in which case the terms "Licensee", "You", "Your" or a related capitalised term herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with this Agreement, You must not accept this Agreement and may not access nor use the Service. This Agreement is not assignable, transferable or sublicensable by You except with WELLWELLWELL's prior written consent.

If you do not agree to these terms, you may not use the Service. If you violate these terms, WELLWELLWELL may suspend or terminate your access to the Service, and may take legal action.

GENERAL TERMS OF USE FOR ALL USERS

By using the Service, you agree:

  1. To use the Service (which includes the data derived from the Service) only for your personal or internal business or research use

  2. To not licence, sublicense, sell, assign, resell, rent, lease, transfer, distribute or otherwise commercially exploit or make the Service, Applications or Service Data available to any third party and will use all commercially reasonable efforts to prevent unauthorised access to, or use of, the Service, Applications or Service Data.

  3. To not substantially replicate products or services offered by WELLWELLWELL, including, without limitation, functions where WELLWELLWELL offers its own similar function.

  4. To not share or publish any data or results that may be reasonably expected to create harm to WELLWELLWELL's reputation, without our written permission

  5. To not attempt to reproduce, reverse engineer or create derivative works

  6. To not provide false or misleading information

  7. To not infringe our intellectual property rights in the Service and data, which remain the property of WELLWELLWELL

  8. That WELLWELLWELL is not liable for any losses arising from or in connection with your use of the Service and data

  9. To use any data at your own risk, WELLWELLWELL takes no responsibility for any inaccuracies or errors.

ADDITIONAL TERMS OF USE FOR FREE USERS

If you access data under a "Free" account type, in addition to the above general terms of use, you also agree:

  1. To only use our data for non-commercial use, and you don't share our data with any third parties without our explicit written permission

  2. To only use the data for your home residence, which we might verify is located in a residential area, and for which we may ask you for proof of residence

  3. To not make public comments, or publish any material, or take any other actions, that could be reasonably be expected to harm our reputation

  4. Free accounts can be removed at any time and for any reason - for example when inactive.

  5. WELLWELLWELL will provide no development support or assistance, any contacts will be dealt with on a best-effort zero-commitment basis.

REASONABLE USAGE

By using the Service and/or data, you agree:

  1. To not take any actions intended to tamper with or disturb the proper functioning of the API or Service, or attempt to access our back-end or any of its security or technological features

  2. To not use the Service in contravention of any relevant laws or statutes

  3. To not create more than one account, ask others to create accounts on your behalf, or use software designed to generate accounts

  4. To not share your password or API key with any other persons or entity

  5. To respect and comply with the technical and policy-implemented limitations of the Service. Without limiting the foregoing, You shall not violate any explicit rate limitations on calling or otherwise utilising the Service.

  6. To keep to the latest version. You will be notified of any deprecation via email with no less than fourteen (14) days advance notice.

TERMINATION

At its discretion, WELLWELLWELL may terminate or suspend your access to the Service. WELLWELLWELL may not be obliged to compensate you for this. Upon termination for any reason, you shall cease using the Service and delete any stored data collected from the Service.

CONFIDENTIALITY

Parties acknowledge that information that may be exchanged between them may contain Private Information as prescribed by the Protection of Personal Information Act 2013 (POPIA), and agree that they will comply with POPIA and all relevant legislation and codes when processing and using such information.

WARRANTIES AND DISCLAIMERS

The Service and API are provided on an "as is" and "as available" basis, without any warranties of any kind to the fullest extent permitted by law, and WELLWELLWELL expressly disclaims any and all warranties, whether express or implied, including, but not limited to, any implied warranties of accuracy, completeness, merchantability, title, fitness for a particular purpose, and non-infringement.

Notwithstanding anything to the contrary in this agreement, WELLWELLWELL's aggregate liability to you arising out of this agreement, shall in no event exceed ten U.S. Dollars ($10.00). Any claim arising out of or relating to this agreement must be brought within one (1) year of the first event or occurrence giving rise to the claim.

AGREEMENT TO BE CONTACTED

You agree that WELLWELLWELL may contact you from time to time in relation to your usage of the Service or other matters, and that you will respond promptly to WELLWELLWELL when this occurs.

If you have any questions regarding the Service or these Terms of Use you may contact us at sales@esp.info