API Policy

This policy applies to your use of Elvanto's APIs which we created to allow you to integrate our Services onto other services.

1. This Policy

  1. By using the APIs provided by Elvanto, you agree to comply with and be bound by this policy.
  2. If you do not agree with this policy, you have no right to use the APIs.
  3. This policy is a part of and incorporated into the Elvanto Terms of Use.
  4. We may in our absolute discretion suspend or terminate your access to and use of the Elvanto System if you do not comply with this policy.
  5. We may update or modify the APIs and this Policy from time to time by posting the changes on this site or notifying you via email. These changes may affect your use of the APIs or the way your Application interacts with the API. If we make a change that is unacceptable to you, you should stop using the APIs. Continued use of the APIs means you accept the change.

2. The Elvanto API

2.1. Changes to the APIs

We may modify or update the APIs from time to time. We will try to ensure, as far as possible, that future version(s) of the APIs are backwards compatible with at least the most recent previous version, but cannot guarantee that this will always be possible. You should adapt your Application to use the most up-to-date version of the APIs promptly following release by us.

2.2. Changes to Your Application

From time to time, it might be necessary for us to require you to make changes to your Application, in particular to ensure that your Application remains in compliance with the policy. You should make these changes promptly to avoid any need for us to revoke your access to the APIs.

2.3. Software in beta

You acknowledge and agree that all or parts of the API may be released by us in a beta / testing version, and that in such case, you should use the API with that standard of stability in mind.

3. Definition

Application means any software application, website, or product you create or service you offer using the API.

Data means any data and content uploaded, posted, transmitted or otherwise made available by users via the Services, including messages, files, comments, profile information and anything else entered or uploaded into the Service by a user of the Service.

Documentation means any documentation, data and/or information that we provide regarding the use of the API through the developer site or via standard support.

Any term which is capitalised but not defined here as the same definition as the Elvanto Terms of Use.

4. Licence

4.1. Licence to Use

  1. Subject to your compliance with this policy, we grant you a limited, non-exclusive, non-assignable, non-transferable and revocable license to use the APIs to develop, test, and support any software application, website, or product, and to integrate the APIs with your Application.
  2. The grant of the license is conditional upon you not being in violation of any law or regulation, or rights of any person, including but not limited to Intellectual Property Rights, rights of privacy, or in any manner inconsistent with this policy or other agreements that exists between you and us.

5. General Obligations

5.1. Undertakings

You undertake:

  1. to only use the APIs for lawful purposes;
  2. to interact with the APIs in accordance with the processes and functionality prescribed by us from time to time;
  3. to use the APIs only as they are designed to be used;
  4. to only use our brand, trade marks and any other Intellectual Property as outlined in our policies and without indicating in any way our endorsement of your services;
  5. to bear all your own costs associated with your obligations in this policy;
  6. to not engage in any improper, indecent, bullying, harassing or offensive conduct while using the APIs;
  7. not to use the APIs for unsolicited or unreasonably frequent or voluminous communications;
  8. to not make any false, misleading or deceptive representations in connection with the APIs;
  9. not to publish or otherwise communicate any review of, or information about the APIs to any third party without our prior written consent, except as specifically provided for in an agreement with us;
  10. not to disable or circumvent any protection or disabling mechanism related to the APIs;
  11. abide by any acceptance use policy published by us from time to time;
  12. not to use the APIs in any way which could interfere with or damage our network, any other operator's network, or another user's enjoyment of the Services or the APIs;

You are responsible for the breach of any undertaking or warranty in this clause regardless of whether that breach is caused by a security breach of any kind.

5.2. Use of Elvanto Brand

You must not use the Elvanto brand in a way that suggests your service is endorsed by, sponsored by, or associated with us.

6. Scope of Acceptable Use

6.1. Scope of Acceptable Use

  1. You may not use the APIs or any other technology in a manner that:
    1. accesses or uses any information beyond what is allowed under this Policy or the Documentation;
    2. changes the APIs;
    3. breaks or circumvents any of the Software's technical, administrative, process or security measures;
    4. disrupts or degrades the performance of the Service or the APIs; or
    5. tests the vulnerability of our systems or networks.
  2. You may not transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data.
  3. You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the APIs or any portion of the APIs.
  4. You may not use the APIs to replicate or compete with core products or services offered by us. You acknowledge and agree that we have or may in the future offer products or services that are similar to your Application, and nothing will prevent us from doing so.
  5. You may not sell, rent, lease, sublicense, redistribute, or syndicate access to the APIs.
  6. You may place advertisements on and around your Application. However, you may not:
    1. place any advertisements within the Software, and your advertisements may not resemble or be reasonably likely to confuse users as being a message approved, sponsored or authored by us; or
    2. use contact information obtained from us (including email addresses) to contact users outside of the Service without their express permission.
  7. You will not attempt to exceed or circumvent limitations on access, calls and use of the APIs, as notified by us from time to time, or otherwise use the APIs in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of this policy or the Documentation.
  8. You must not use the APIs in any Application that includes adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under 18 years of age, or otherwise violates any applicable law or regulation.

7. Storage of Data

7.1. No Storing

You may not copy or store any Data or capture or store any information expressed by the Data (such as hashed or transferred data), except to the extent permitted by this policy, or where we have previously provided our express consent in writing.

7.2. Caching Data

Where Data is cached, you should refresh the cache at least every 24 hours.

7.3. Secure Storage Measures

All Data should be stored and served using strong encryption.

7.4. Delete at User Request

  1. You must delete all Data you have collected from a user upon request by that user, and when the user deauthorises your Application or closes its account with you.
  2. The restrictions of this clause do not apply to Data that a user also provides directly to you and that is separately entered or uploaded to you by the user of your Application.

7.5. Deletion at Termination

If we terminate your use of the APIs for any reason, then you must permanently delete all Data and any other information that you stored pursuant to your use of the APIs, except when doing so would cause you to violate any law or obligation imposed by a governmental authority. This provision does not require a user to delete Data stored in the Software if the user is prohibited from accessing the APIs.

7.6. Your User Agreement and Privacy Policy 

  1. If you offer your Application for use by others outside your organisation, you must maintain a user agreement and privacy policy for your Application, which is prominently identified or located where users download or access your Application.
  2. Your privacy policy must:
    1. meet applicable legal standards and accurately describe the collection, use, storage and sharing of data; and
    2. must be at least as stringent as ours.
  3. You must promptly notify us of any breaches (including any data breach as contemplated by the Notifiable Data Breach Scheme) of your user agreement or privacy policy that impact or may impact users.

7.7. Confidentiality

In the event that you are provided access to any confidential, proprietary, and/or non-public information specific to the APIs, you agree:

  1. that you will not disclose the Confidential Information to anyone without our written consent; and
  2. to protect the confidential information from unauthorised use and disclosure.

8. Security Measures

8.1. Protections

  1. The network, operating system and software of your web servers, databases, and computer systems (collectively, "your Systems") must be properly configured to securely operate your Application and store Data.
  2. Your Application must use industry best standard security measures to protect your users' information.
  3. You must not architect or select your Systems in a manner to avoid the foregoing obligation.

8.2. Reporting

  1. You must promptly report any security deficiencies in, or intrusions to, your Systems to us in writing via email to info@elvanto.com or subsequent contact information posted on the developer site. This includes any unauthorised access, use, disclosure or destruction of Data.
  2. You will work with us to immediately correct any security deficiency, and will immediately disconnect any intrusions or intruder.
  3. In the event of any security deficiency or intrusion involving the Application, APIs or Data, you will make no public statements regarding such deficiencies or intrusions (e.g. press, blogs, social media, bulletin boards, etc.) without prior written and express permission from us in each instance, unless required by law to publicly disclose.

9. Ownership 

9.1. Ownership

  1. We own all rights, title, and interest, including all Intellectual Property Rights, in
    1. APIs, Documentation, and all elements and components; and
    2. Software.
  2. In any circumstances where we do not automatically have such ownership, you will transfer those rights to us and will do all things necessary to ensure that full legal ownership of the Intellectual Property passes to us.
  3. You will, at all times during the course of these Policy, remain the exclusive owner of the Intellectual Property Rights in your Data.
  4. In respect of any Data you post or upload onto the Software, you warrant to us that you own, or have the right to use, the Intellectual Property Rights in that Data and that our use of your Data in accordance with this Policy will not infringe the Intellectual Property Rights of any third party. You agreed to indemnify us against any loss or damage that we may suffer due to any inaccuracy in, or breach of, the warranty given by you in this clause.

9.2. Licence over Data

You grant us a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add to, process, analyse and use and commercialise, in any way now known or in the future discovered (subject to the Privacy Act) any Data.

10. Representations and Warranties

10.1. Representations and Warranties

You represent and warrant that you will maintain any and all licenses required for your Application, and that your Application does not violate any law or regulations in any way.

10.2. Exclusion of express warranties

  1. We make no warranties or guarantees:
    1. that the APIs will be accessible at all times, uninterrupted or error free;
    2. that the APIs are without bugs or viruses;
    3. that any documentation created by us is without error or inaccuracy;
    4. that the APIs are immune to unauthorised access or security breach; and
    5. in respect of the retention of, or continued accessibility of, any data.
  2. Parts of the APIs are undocumented, including certain methods, events, and properties. Given that these undocumented aspects of the APIs may change at any time, you should not rely on these behaviours.

10.3. As-is Basis

You acknowledge and agree that we provide the APIs on as-is basis and we make no warranties that the APIs are of acceptable quality and fitness for a particular purpose.

11. Termination

11.1. Your Right to Terminate

  1. You may terminate this policy by discontinuing your use of the APIs.

11.2. Suspension and Termination

  1. We may change, suspend or discontinue the APIs and suspend or terminate your use of the APIs at any time and for any reason, without notice.
  2. Without limiting the above clause 11.2(a), we may limit your Application's access to the APIs if it, in our sole discretion, may negatively affect us or our ability to provide the Services.

11.3. Effect of Termination

Upon termination of this policy:

  1. all rights and licenses granted to you will terminate immediately;
  2. you will promptly destroy Documentation and any other information in your possession or control that was received under this policy;
  3. unless we agree otherwise in writing or as stated in this policy, you must permanently delete all Data and other information that you stored pursuant to your use of the APIs and we may request that you certify in writing your compliance with this section; and
  4. we will make commercially reasonable efforts to remove all references and links to your Application from the Service (however, we have no other obligation to delete copies of, references to, or links to your Application).

11.4. Survival

The following clauses of this policy shall survive termination; clause 2, 6, 7.4, 7.5, 8,10.2 and 11.