Security and Prohibitions
There are a few general rules when it comes to use of the COS API:
- You must not attempt to collect and store the names, usernames, email addresses, or other credentials of Users through your use of the COS API, with exception to cases where you have explicit opt-in User consent to collect email addresses for purposes of disseminating information relevant to your App;
- You must not, and must not attempt to, sell any User Content without the explicit permission of the relevant User, or any Personal Data under any circumstances;
- You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any data from the Citizen OS platform, other than User Content and Personal Data that is legitimately accessible to you via the COS API;
- You must not use the COS API to distribute spam or other unsolicited advertising or promotional messages. You must also not use the COS API to permit, encourage, or incentivize other people to do any of these things;
- You must not use the COS API to commit or engage in, or encourage, induce, solicit or promote, any conduct that violates any law or regulation. You must ensure sufficient moderation of User Content, created via your App, to prevent material that violates any law or regulation;
- You must not use the COS API to violate, circumvent or attempt to violate or circumvent any data security measures employed by Citizen OS; access or attempt to access data or materials which are not intended for your use; log in, or attempt to log in our server or account which you are not authorized to access; attempt to scan or test the vulnerability of Citizen OS’s servers, system or network or attempt to breach Citizen OS’s data security or authentication procedures; attempt to interfere with the Citizen OS platform (or any part thereof) by any means including, without limitation, hacking Citizen OS’s servers or systems, submitting a virus, overloading, mail-bombing or crashing;
- You must not impose any terms on users of your App that are inconsistent with these Terms;
- You must ensure that all networks, hardware and software necessary to operate your App are configured and operate to commercially reasonable standards of security. In the event of any breach of security involving the COS API or any User Content or Personal Data, you must notify us immediately and work diligently to remedy such security breach as soon as possible;
- Should you find any security flaw or vulnerability or a bug in COS API, you must immediately and in the first order notify us. In the second order, you may notify our developer community, but we will also do so ourselves, in order to ensure maximum security of User Content and Personal Data, Citizen OS platform, and apps created by our developer community. You must refrain from notifying the general public until sufficient time has passed for us and other developers to have fixed the vulnerabilities first.
While you and us pursue the same goals, we are nevertheless independent developers. You hereby acknowledge that Citizen OS may currently or in future develop apps and services that may be similar to or competitive with your App. Nothing in these Terms shall in any way limit, restrict or preclude Citizen OS from pursuing any of these, or any other, present or future business activities, opportunities or interests or from entering into any agreement or transaction with any person.
Through your use of the COS API, you may come into contact with Confidential Information. As between you and Citizen OS, all Confidential Information remains the property of Citizen OS. You shall not use any of the Confidential Information except as strictly necessary for the development, testing and operation of your App, and you shall not disclose the Confidential Information or any part thereof to any third party. We undertake to do the same with respect to confidential information related to you and your App.
You shall take all reasonable precautions to prevent the unauthorized disclosure or dissemination of the Confidential Information, and if you are a company or other organization, you shall limit distribution of the Confidential Information to those of your employees who need to know the same in connection with the development, testing and operation of your App.
Within five days of a request from Citizen OS, and in any event of termination of this agreement created by these Terms, you shall delete Confidential Information from all of your networks and systems. This provision shall survive any termination of the agreement created by these Terms.
Liability for User Content
It is our goal to build a discussion and decision-making platform, where individual responsibility is paramount and the community participating in the discussion is able to self-moderate that discussion. We will therefore make available warnings for potentially offensive content, community moderation, User Content editing and deletion and every other tool we can think of, to allow Users to take responsibility for their own content. If you decide not to include some of that functionality in your App, the responsibility for that decision and its possible consequences rests with you.
We therefore exclude, to the fullest extent permitted by law, any and all liability which may arise from any User Content uploaded to the Citizen OS platform by Users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by Users.
You hereby acknowledge and agree that:
- first and foremost, it is the Users, who are responsible for User Content that they create, post or distribute to, on or through Citizen OS;
- while Citizen OS makes its best effort to monitor and hide User Content, that is inappropriate, that does or might infringe third party rights, or has otherwise been uploaded in breach of applicable law and/or Legal Terms, we do not undertake or assume any duty to do so, unless notified of such content;
- when becoming aware of User Content on Citizen OS or your App that is inappropriate, that does or might infringe any third-party rights, or has otherwise been uploaded in breach of applicable law and/or Legal Terms, you shall notify us as soon as possible, so we can undertake corrective measures.
The COS API, the Citizen OS Platform, the Citizen OS Marks and all User Content and Personal Data accessed through or via the COS API, are provided “as is” and “as available” basis. While we use all reasonable endeavors to correct any errors or omissions on the Citizen OS Platform as soon as practicable once they have been brought to our attention, we make no promises, guarantees, representations or warranties of any kind whatsoever (express or implied) regarding the Citizen OS Platform, the COS API or any part or parts thereof, the Citizen OS Marks or any User Content or Personal Data, including, without limitation, any warranty of non-infringement, or any guarantee that any particular item(s) of User Content is, are or will be available on the Citizen OS platform and/or will be accessible via the COS API at any or all times or at all. Citizen OS does not warrant that any User Content is cleared for the use that you intend to make of it via your App and does not provide you with the benefit of any licenses (on a pass through basis or otherwise) that Citizen OS may have or obtain with respect to any User Content and any such benefit that might otherwise be granted or implied as a matter of law is hereby excluded. Citizen OS does not warrant that your use of the COS API will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Citizen OS platform, the COS API, the User Content or Personal Data or any part or parts thereof, or the servers on which the Citizen OS platform operates are or will be free of viruses or other harmful components. Citizen OS does not warrant that any calls to the COS API or any transmission of User Content will be secure or that any elements of the Citizen OS platform designed to prevent unauthorized access, sharing or download of User Content will be effective in any and all cases, and does not warrant that your use of the Citizen OS Platform or the COS API is lawful in any particular jurisdiction.
Citizen OS and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors and officers, specifically disclaim all of the foregoing warranties to the fullest extent permitted by law, together with any express or implied warranties regarding non-infringement, merchantability and fitness for a particular purpose.
Where the law of applicable jurisdiction limits or prohibits the disclaimer of implied or other warranties as set out in the Terms, the disclaimers shall not apply to the extent that the law prescribes.
Limitation of Liability
Citizen OS and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, and officers, shall have no liability for any loss or damage arising from:
- your inability to access or use the COS API;
- any changes that Citizen OS may make to the COS API or any part thereof, or any temporary or permanent suspension or cessation of access to the COS API or any or all User Content or Personal Data in or from any or all geographic locations;
- any removal by the User, Citizen OS or any authorized third party of any particular item of User Content, or any changes made to the availability of such User Content or the use permitted to be made of that content over the COS API;
- any action taken against you by any user or third party rights holders with respect to your access to or use of any User Content or Personal Data via the COS API, or any action taken as part of an investigation by Citizen OS or any relevant law enforcement authority regarding your use of the COS API or any User Content or Personal Data accessed thereby;
- any errors or omissions in the technical operation of the COS API, or from any inaccuracy or defect in any User Content or Personal Data;
- your failure to provide Citizen OS with accurate or complete information, or your failure to keep your Token confidential;
- any loss or damage to any computer hardware or software, any loss of data, or any loss or damage from any security breach; and/or
- any loss of profits, any cost of finding replacement goods or services, or any loss you suffer which is not reasonably foreseeable consequence of Citizen OS breaching these Terms. Losses are foreseeable where they could be contemplated by you and Citizen OS at the time you agree to these Terms, and therefore do not include any indirect losses, such as loss of opportunity.
Notwithstanding any other provision of these Terms, Citizen OS’s total liability to you under these Terms, whether in contract, statute, tort or in any other circumstances shall not exceed fifty euros (€50) in aggregate.
Citizen OS shall not be liable for any direct, special, indirect, incidental, consequential, exemplary or punitive damages, including without limitation lost revenues, profits, sales or business, loss of use or data, which may result from the use of, access to, or inability to use the COS API.
This limitation of liability shall apply regardless of whether (a) we knew or should have known about the possibility of such damages, or (b) the limited remedies provided in this section fail their essential purpose. This limitation of liability shall not apply to any damage that Citizen OS caused you intentionally in violation of the Terms or applicable law.
The provisions of this section allocate the risks under this agreement between the parties and parties have relied on these limitations in determining whether to enter into this agreement.
You hereby agree to indemnify, defend and hold harmless Citizen OS, its successors, assigns, affiliates, agents, directors, officers and employees from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
- any violation by you of these Terms;
- any claim by any third party that your use of the COS API, the Citizen OS Marks or any User Content or Personal Data represents a violation of the intellectual property rights, rights of privacy or other rights of that third party, or any other claim related to your use of the COS API;
- any activity related to your Token, be it by you or by any other person using your clients secret with or without your consent.
Term and Termination
These Terms will go into effect on the date upon which you agree to them, by accessing or using the COS API, and will continue until terminated as set forth herein.
You may terminate the agreement created by your acceptance of these Terms at any time by notifying Citizen OS via email, whereupon Citizen OS will revoke your Token, or by simply discontinuing use of COS API.
Citizen OS may terminate the agreement created by your acceptance of these Terms at any time, and may revoke your Token at any time, in circumstances described in these Terms as determined by Citizen OS at its discretion. We may also suspend or discontinue the COS API at any time and for any reason, which will also constitute termination of these Terms by us.
On termination, all rights granted hereunder shall cease. You shall immediately cease all use of the COS API, shall remove any and all Citizen OS Marks from your App or any advertising, marketing and promotional materials related thereto, shall destroy all Confidential Information, and shall delete for good all User Content and Personal Data. We undertake to do the same with reference to your App.
The provisions of these Terms that are intended by their nature to survive termination will survive termination.
The Terms set forth the entire agreement and understanding of the parties relating to their subject matter and cancel and supersede any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between them. No modification or amendment to the Terms shall be binding upon Citizen OS unless in a written instrument signed by a duly authorized representative of Citizen OS. You acknowledge that, in providing you access to and use of the COS API, Citizen OS has relied on your agreement to be legally bound by these Terms.
As a condition of your use of the COS API, you agree not to use the COS API for any purpose that is unlawful or prohibited by Legal Terms.
Use of the COS API by you is unauthorized in any jurisdiction that does not give effect to all provisions contained in this agreement.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Citizen OS as a result of this agreement.
If any part of these Terms is held to be invalid or unenforceable for any reason including, but not limited to, the warranty disclaimers and liability limitations specified above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement will remain in full force and effect.
You and we irrevocably consent to the exclusive and personal jurisdiction and venue of Harju County Court in Republic of Estonia with respect to any claim arising out of or relating to these Terms and agreement. A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Citizen OS may assign its rights and (where permissible by law) its obligations under these Terms, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Citizen OS. You may not assign your rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Citizen OS. These Terms are not intended to give rights to anyone except you and Citizen OS, save that Users shall be entitled to enforce these Terms as third-party beneficiaries insofar as these Terms apply to any unauthorized use of their User Content, Personal Data or other proprietary rights.
We may revise the Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at available at our website, will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to the Terms that impact the rights or obligations of any party to this Terms via our public communication channels. By continuing to access or use the COS API after those revisions become effective, you agree to be bound by the revised Terms.
The official contact address for any issues concerning these Terms is email@example.com.