Thank you for using the forgood Social Network (Pty) Ltd (“for good”) Application Program Interface, (“API”). By accessing or using our API, you are agreeing to the terms below. If there is a conflict between these terms and additional agreement(s) applicable to the API, the additional agreement(s) will control for that conflict. Collectively, the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines provided to you that govern the use of the API as the “Terms.” You agree to comply with the Terms and agree that the Terms control your relationship with us. If you use the API as an interface to, or in conjunction with other forgood products or services, then the terms for those other products or services apply additionally. Under the Terms, “forgood” means forgood Social Network (Pty) Ltd., with offices at Dunkeld West Centre, Corner Jan Smuts & Bompas, Dunkeld, Johannesburg, South Africa unless set forth otherwise in additional terms applicable for a given API. We may refer to “forgood” as “we”, “our”, or “us”.
You may not use the API and may not accept the Terms if (a) you are not of legal age to form a binding contract with forgood, or (b) you are a person barred from using or receiving the API under the applicable laws of South Africa or other countries including the country in which you are resident or from which you use the API. If you are using the API on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity). You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws. You will not use the API to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with forgood (or its affiliates). You will require your end users to comply with applicable law, regulation, and the Terms when using the API. Your end users include affiliates, agents, contractors and third parties that use the API on your behalf.
In order to access the API you may be required to provide certain information (such as identification or contact details) as part of the registration process for the API, or as part of your continued use of the API. Any registration information you give to forgood will always be accurate and up to date and you’ll inform us promptly of any updates.
You will only access (or attempt to access) the API by the means described in the documentation of the API. If forgood assigns you developer credentials and permissions, you must use such credentials and permissions strictly for the purposes for which they were provided. You will not misrepresent or mask either your identity or your Platform’s identity when using the API or developer accounts. forgood sets and enforces limits on your use of the API (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with the API. If you would like to use any API beyond these limits, you must obtain forgood’s express consent (and forgood may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use).
Some of the software required by or included in our API may be offered under an open source license. Open source software licenses constitute separate written agreements. Relevant open source software are listed in the documentation. To a limited extent, in accordance with the content of the licence, the open source software license expressly supersedes this agreement and the open source license instead sets forth your agreement with forgood or third parties online to the extent applicable for the relevant open source software.
We may send you certain communications in connection with your use of the API. Please review the Website Terms of Service for opting out of certain types of communication.
The Terms are non-exclusive. You acknowledge that unless otherwise agreed in writing, forgood may develop products or services that may compete with your Platforms or any other products or services.
The API are designed to help you enhance your related websites/portals (Platforms) and applications. YOU AGREE THAT FORGOOD MAY MONITOR USE OF THE API TO ENSURE QUALITY, IMPROVE FORGOOD PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include forgood accessing and using your Platform, for example to identify security issues that could affect forgood or its users. You will not interfere with this monitoring. forgood may use any technical means to overcome such interference. forgood may suspend access to the API by you or your Platform without notice if we reasonably believe that you are in violation of the Terms.
forgood does not acquire ownership in your Platforms, and by using the API, you do not acquire ownership of any rights in the API or the content that is accessed through our API. All third party rights in open source software or other aspects of the API as provisioned to you remain vested in such third party. No transfer of ownership of any rights including intellectual property rights associated with the API shall occur unless agreed in writing between the relevant parties.
The API contains some third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Finally, content accessible through our API may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.
Some of our API permits the submission of content. forgood shall acquire the intellectual property rights in the content that you submit to our API through your Platform, except as expressly agreed with forgood otherwise. Where forgood does not acquire such rights, you give forgood a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the API through your Platform. “Use” means use, host, store, modify, communicate, and publish. You specifically agree that such content submitted will be used by forgood post termination of end user profiles. Before you submit content to the API through your Platform, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant forgood the license. When a user’s non-public content is obtained through the API, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.
“Brand “ is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party’s Brand. All use by you of forgood’s Brand (including any goodwill associated therewith) will inure to the benefit of forgood. You agree to display any attribution(s) required by forgood as described in the documentation for the API. You will not make any statement regarding your use of the API which suggests partnership with, sponsorship by, or endorsement by forgood without forgood’s prior written approval. In the course of promoting, marketing, or demonstrating the API you are using and the associated forgood products, forgood may produce and distribute incidental depictions, including screenshots, video, or other content from your Platform, and may use your company or product name. You grant us all necessary rights for the above purposes.
You may stop using the API at any time with or without notice. Further, if you want to terminate the Terms, you must provide forgood with prior written notice and upon termination, cease your use of the API. forgood reserves the right to terminate the Terms with you or discontinue the API or the portion or feature or your access thereto for any reason and at any time without liability or other obligation to you. Upon any termination of the Terms or discontinuation of your access to the API, you will immediately stop using the API, cease all use of the forgood Brand, and delete any cached or stored content.
When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: 11,18,19 and 20 .
EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER FORGOOD NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE API. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE API, THE SPECIFIC FUNCTIONS OF THE API, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE API “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.
WHEN PERMITTED BY LAW, FORGOOD, AND FORGOOD’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FORGOOD, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. IN ALL CASES, FORGOOD, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
We may modify the Terms or any portion to, for example, reflect changes to the law or changes to the API. forgood will provide the date of effect of modifications to the Terms within the documentation of the API, to this website. Modified versions will be effective immediately on date and time of publication. If you do not agree to the modified Terms for the API, you should discontinue your use of the API. Your continued use of the API constitutes your acceptance of the modified Terms.
Except as set forth below: (i) the laws of South Africa, will apply to any disputes arising out of or related to the Terms or the API and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE API WILL BE LITIGATED EXCLUSIVELY IN THE APPROPRIATE COURTS OF JOHANNESBURG, SOUTH AFRICA AND YOU AND FORGOOD CONSENT TO JURISDICTION OF THOSE COURTS.