Terms of Service

Last update: April 24, 2017

Please read these Terms of Service ("Terms") carefully before using the Tempico Labs API (the "Service") operated by Tempico Labs OÜ (“Tempico Labs”, “us”, "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Accounts

1.1. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

1.2. You are responsible for safeguarding the Service Access Key (API key) that you use to access the Service.

1.3. You agree not to disclose your API key to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

2. Charges and Billing

You do not have to pay any registration or subscription fees or to create an Account to use the Service anonymously (without API key). However, Service may require you to pay a fee. If you decide to do so, you must ensure that:

2.1. you are 13 years of age or older;

2.2. you are the authorised Account holder for the Account from which you are subscribing to the Services;

2.3. you are authorised to use the particular credit card or other accepted method of payment;

2.4. all information that you submit is true and accurate; (this includes, without limitation, your email address and name used in Paypal payment); and

2.5. you expressly agree that Tempico Labs is not responsible for any loss or damage arising from the submission of false or inaccurate information;

2.6. you agree to pay all the fees that you incur, including all recurring subscription fees, unless and until you cancel your Account or any particular subscription to any of the Services in accordance with these Terms of Service.

2.7. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the product or service description or price, error in your order or other reasons. You expressly agree that Tempico Labs cannot accept any liability for loss or damage arising out of such cancellation. We reserve the right to refuse or cancel your order if we suspect fraud or an unauthorised or illegal transaction.

3. API Credit

3.1. Tempico Labs may permit you to purchase a virtual currency (so-called “API Credit”).

3.2. The following provisions apply to the purchase of API Credit:

3.2.1. If you purchase API Credit first time, an Account associated with e-mail address entered will be created.

3.2.2. The total amount of a purchase may be adjusted by adding a fee, if any, applicable to the payment method you selected and for mandatory tax payments, if any, required by law. If adjusted, the total amount of the purchase will be recalculated automatically and displayed before you confirm the purchase.

3.2.3. By confirming purchase, you are sending an order to us to purchase the confirmed amount of API Credit. If you have provided valid e-mail address, we will process your order. You will be notified of our acceptance or denial of your order by us on your screen within a few minutes from the moment of confirming purchase.

3.2.4. In case if we accept your order, we will directly thereafter credit the purchased API Credit to your Account and we will charge you via the selected payment method. You will also receive a confirmation of your purchase via e-mail, containing the details.

3.3. Rules below apply to the API Credit:

3.3.1. API Credit may only be redeemed to cover Service request processing fees or services Tempico Labs directors, employees, partners, agents, suppliers, or affiliates may allow to pay via this method for;

3.3.2. API Credit cannot be sold or transferred to anyone;

3.3.3. API Credit cannot be exchanged for cash;

3.3.4. we do not make any promises about how or when API Credit may be available for purchase and can update or change API Credit available for purchase at any time;

3.3.5. you may only acquire API Credit from us and you must not obtain API Credit from any other person or in any other way or attempt to do so; and

3.3.6. we may limit or block a request to acquire API Credit for any reason.

3.4. Information concerning the exercise of the right of withdrawal

3.4.1. Right of Withdrawal: You have the right to cancel your purchase within 14 calendar days without giving any reason. The withdrawal period will expire after 14 calendar days from the day of the conclusion of the purchase. In case if you started spending your API Credit, only unused credit will be refunded. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

3.4.2. Effects of Withdrawal: If you request a withdraw, we shall reimburse to you all payments received from you under this purchase without undue delay and in any event not later than 14 calendar days from the day on which we are informed about your decision to withdraw from this purchase. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. You lose your right of withdrawal, insofar as the purchase is a service contract, after the service has been fully performed by us. Please note that due to technical limitations we cannot warrant that payments made by you via a specific payment method will be reimbursed to you via that same payment method.

4. Your Right to close Your Account and terminate these Terms of Service without cause

4.1. You may close your Account and terminate these Terms of Service without cause at any time by contacting our Support.

4.2. Important note: Any API Credit you purchase from us are directly linked to the existence of your Account. If you decide to close your Account and terminate these Terms of Service without cause, you will lose any API Credit accessible from that Account at the time of the termination.

4.3. This present section (4. “Your Right to close Your Account and terminate these Terms of Service without cause”) does not limit your statutory rights of withdrawal under article 4 of section 3. “API Credit”.

5. Suspension or Termination by Tempico Labs

5.1. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

5.2. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

5.3. We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

5.4. If you believe that we have suspended or closed your Account in error, please contact Support.

6. Limitation of Liability

In no event shall Tempico Labs, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service, any conduct or content of any third party on the Service, any content obtained from the Service or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

7. Disclaimer

7.1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

7.2. Tempico Labs, its subsidiaries, affiliates, and its licensors do not warrant that the Service will function uninterrupted, secure or available at any particular time or location.

8. Governing Law

8.1. These Terms shall be governed and construed in accordance with the laws of Republic of Estonia, without regard to its conflict of law provisions.

8.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

9. Changes

9.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

9.2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

10. Contact Us

If you have any questions about these Terms, please contact us.