Last revised: November 1, 2022

These API Terms of Use (“API Terms of Use”) are an integral part of, and are incorporated by reference into, Buyist’s Terms of Service (the “Terms of Service”, accessible here, and govern the application programming interfaces (“API”) made available to you by Buyist (collectively, the “Buyist API”). Unless specifically defined in these API Terms of Use, terms that are capitalized herein shall have the meaning assigned to them in the Terms of Service.

PLEASE READ THESE API TERMS OF USE BEFORE USING THE BUYIST API. THESE API TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND BUYIST, AND GOVERN YOUR USE OF THE BUYIST API. BY CLICKING “I AGREE”, ACCESSING, OR USING THE BUYIST API, YOU AGREE TO BE BOUND BY THESE API TERMS OF USE. CLICKING “I AGREE”, AND YOUR ACCESS TO OR USE OF THE BUYIST API CONSTITUTES AN ACKNOWLEDGEMENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE API TERMS OF USE. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE API TERMS OF USE, DO NOT CLICK “I AGREE”, OR ACCESS OR USE THE BUYIST API.

1. MODIFICATIONS OF API TERMS OF USE. Buyist reserves the right to update or modify these API Terms of Use at any time and without notice to you (each, “Updated Terms”). All Updated Terms will be effective upon being posted online. You will also be asked to agree to Updated Terms by clicking “I Agree” upon your first access to the Buyist API following Buyist posting Updated Terms. If you do not agree to any Updated Terms, do not click “I Agree” and stop using the Buyist API. Clicking “I Agree” and your continued use of the Buyist API after Buyist has posted Updated Terms signifies to us that you acknowledge and agree to be bound by the Updated Terms.

2. API LICENSE. Subject to the Terms of Service and these API Terms of Use, Buyist hereby grants you limited, revocable, non-exclusive, non-transferrable, non-sublicensable, worldwide license to use and make calls to the Buyist API solely for the purpose of facilitating interoperability with the Services.

3. USE OF THE BUYIST API. You agree to use the Buyist API: (a) only in connection with the Services; and (b) in compliance with these API Terms of Use, the Terms of Service, and all applicable laws and regulations. You agree that any breach of these API Terms of Use shall be deemed a breach of the Terms of Service.

4. MONITORING BY BUYIST. You agree that: (a) Buyist may monitor your use of the Buyist API to verify your compliance with these API Terms of Use and to ensure and/or improve the quality of the Services (“Monitoring”); (b) any such Monitoring may involve accessing and using your API client to identify potential security issues or threats; and (c) Buyist may restrict, suspend, or terminate your access to and use of the Buyist API if Buyist determines in its sole discretion that you have violated these API Terms of Use or the Terms of Service.

5. RESTRICTIONS. When using the Buyist API, you agree not to: (a) modify, prepare derivative works of, or reverse engineer the Buyist API; (b) use the Buyist API in a way that abuses or disrupts Buyist’s networks, security systems, user accounts, or the Services; (c) access or use the Buyist API for fraudulent or illegal purposes, or for any purpose that may be harmful to Buyist or the Services; (d) market, sell, or resell the Buyist API to any third party; (e) use the Buyist API in any application, product, or service that competes with the Services, or otherwise divert Buyist customers or potential customers from the Services; (f) gather or divert customer or user data of Buyist without a lawful basis and written consent from Buyist; (g) transmit through the Buyist API any material that may infringe the intellectual property or other rights of third parties; (h) remove any proprietary rights notices on the Buyist API; and/or (i) access or use the Buyist API in a manner that exceeds a reasonable request volume or constitutes excessive or abusive usage, as determined by Buyist in its sole discretion.

6. TRADEMARKS. Subject to the Terms of Service and these API Terms of Use, Buyist grants to you a limited, revocable, non exclusive, non-sublicensable, non transferable license to display the Buyist trademark solely as necessary to show compatibility with the Services. You acknowledge and agree that: (a) you will use Buyist’s trademarks only as permitted hereunder; (b) you will use the Buyist trademarks in a lawful manner and in compliance with all guidelines specified by Buyist in writing from time to time; (c) the Buyist trademarks are and shall remain the sole property of Buyist; (d) nothing in these API Terms of Use shall confer on you any right of ownership in the Buyist trademarks and all use thereof by you shall inure to the benefit of Buyist; (e) you shall not, now or in the future, apply to register or contest the validity of any Buyist trademarks; and (f) you shall not, now or in the future, apply to register or use any term or mark confusingly similar to any Buyist trademarks.

7. SECURITY. You agree to implement appropriate and industry standard security methodologies intended to protect information accessible, processed, hosted or transferred to or from the Buyist API or any third-part service or product to which the Buyist API connects. You agree that, in the event of a security breach involving the Buyist API, you will: (a) immediately disconnect any intrusions or intruders; (b) promptly notify Buyist of the breach; and (c) work with Buyist to promptly remedy the breach.

8. TERMINATION. You agree that: (a) Buyist may, in its sole discretion, at any time and for any reason, restrict, suspend, or terminate your rights to access or use the Buyist API or display Buyist trademark (“Termination”); and (b) upon any such Termination, you will immediately discontinue all access and use of the Buyist API and cease to display the Buyist trademarks.

9. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Buyist and its affiliates, and their respective directors, officers, agents, employees, consultants, and partners, from and against any third party claim arising from, or in any way related to, your use of the Buyist API, violation of these API Terms of Use by you, or any other actions related to your use of the Buyist API, including any liability or expense arising from claims, losses, damages (actual or consequential), suits, judgments, litigation costs and reasonable attorneys’ fees, of every kind and nature.

10. QUESTIONS OR ADDITIONAL INFORMATION. If you have any questions regarding Buyist, the Buyist API, these API Terms of Use, or any other matters, please email us at: support@buyist.com.