This API Fair Use Policy (“Policy”) governs Your access to and use of Filestage’s application programming interfaces (“APIs”). This Policy is incorporated by reference into the Filestage Master Services Agreement (“MSA”) between You and Filestage.
Order of Precedence: In the event of a direct conflict between the terms of this Policy and the MSA, the terms of the MSA shall prevail, except where this Policy expressly identifies a technical API-specific restriction intended to supersede the MSA.
Subject to Your compliance with this Policy and the MSA, Filestage grants You a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the APIs during Your Subscription Term.
Suspension and Termination: Notwithstanding anything to the contrary in this Policy, Filestage may suspend Your access to the APIs if we reasonably believe You have violated this Policy or the MSA. Any permanent termination of API access or the underlying Services shall be governed by the termination provisions set forth in the MSA.
Your use of the API is limited to the usage capacity, frequency, and features designated for the specific subscription plan (e.g., Business, Enterprise) or Order Form You have purchased. You shall not:
Exceed the rate limits or call volumes defined in the technical documentation for Your plan.
Use the APIs in a manner that exceeds reasonable "Fair Use" as determined by Filestage to protect the stability of the Cloud Services for all users.
Circumvent any technical limitations or "paywalls" implemented within the API.
You are solely responsible for the security of Your API keys and access credentials. You agree to:
Keep credentials confidential and not share them with third parties.
Notify Filestage immediately of any unauthorized use or security breach.
Be responsible for all activities that occur under Your API credentials.
You shall not use the APIs to:
Reverse engineer, decompile, or attempt to derive the source code of the APIs or Cloud Services.
Use the APIs to create a product or service that competes with Filestage.
Upload or transmit any viruses, worms, or malicious code.
Interfere with or disrupt the integrity or performance of the APIs.
The APIs, technical documentation, and access credentials provided by Filestage are considered Confidential Information as defined in the MSA. You agree to protect this information in accordance with the confidentiality obligations set forth in the MSA.
The service warranties provided by Filestage in the MSA apply to the Cloud Services as a whole. However, Filestage does not guarantee that the APIs will be error-free or uninterrupted. Except as expressly provided in the MSA, the APIs are provided on an "as-is" and "as-available" basis, and Filestage disclaims all other warranties, express or implied.
Subject to Filestage’s indemnification obligations (including IP infringement protections) set forth in the MSA, You agree to indemnify and hold Filestage harmless from any third-party claims, losses, or damages arising from:
Your specific Integration or application built using the API.
Your breach of the Prohibited Activities listed in Section 5 of this Policy.
Any data or content transmitted by You through the API.
To the maximum extent permitted by applicable law, the total aggregate liability of either party for all claims arising under or related to this Policy shall be governed by the Limitation of Liability section of the MSA. Any damages paid under this Policy shall count toward the aggregate liability cap set forth in the MSA.
Filestage may update this Policy from time to time to reflect changes in our API or legal requirements. We will provide notice of material changes in accordance with the notice provisions of the MSA. Continued use of the APIs after such changes constitutes Your acceptance of the revised Policy.