$0.00 / MO
$50.00 / MO
$250.00 / MO
$5000.00 / MO
QUOTA10 / month
then $1 each
QUOTA100 / month
then $1 each
QUOTA500 / month
then $1 each
QUOTA10000 / month
then $1 each
Solution. Subject to the terms and conditions of this Agreement, Planck shall provide Customer with access to the Solution. Customer may use the Solution on a non-exclusive basis solely for its own commercial purposes. Customer shall not be entitled to any other software (including any other executable or source code) from Planck. No licenses or rights are granted herein by estoppel or by implication. Customer represents that it has all necessary authority to enter into this Agreement and that the execution of this Agreement and the receipt of the Solution will not conflict with any legal, regulatory or contractual obligations of Customer.
Restrictions. Except as set forth expressly herein, Customer shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, the Solution; (b) modify the Solution, (c) sublicense, sell, distribute or provide the Solution to any third party, or (d) bypass any security measure or access control measure of the Solution. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, Customer shall inform Planck in writing in each instance prior to engaging in the activities set forth above.
Data; Privacy. In order to provide the Solution, including the Planck live dashboard and associated analytics, Planck collects certain data provided by Customer, including the business name and business address (“Data”). Planck supplements Data with certain open source and third party data, such as business license data. Customer retains sole ownership of all Data. Subject to the foregoing, Planck analyzes all Data in order to provide Customer with the Solution, including for the purposes of generating analysis and reports for the Customer. In addition, Planck may use such Data for improving the Solution (including the algorithms and models used by the Solution) made available to all customers of Planck. Planck will implement reasonable security measures appropriate to the nature of the Data including without limitation, technical, physical, administrative and organizational controls, and will maintain the confidentiality, security and integrity of such Data. Planck may disclose Data to the extent required by applicable law or to cooperate with a law enforcement investigation.
Intellectual Property. Planck has all right, title and interest in the Solution, including all enhancements, improvements and modifications thereof (“Planck Property”). Planck does not request Customer’s feedback regarding the Planck Property. Notwithstanding the foregoing, if Customer provides Planck with any feedback regarding the Planck Property, Planck may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback. Subject to the foregoing, Customer shall have all right, title and interest in any reports and analytics concerning the Data.
Warranties; Disclaimer. Each party warrants that it has full corporate power and authority to execute this Agreement and to perform its obligations hereunder; and all corporate action necessary for the authorization, execution, delivery and performance of this Agreement by it have been taken. Customer warrants that it is authorized to provide Planck with access to the Data for purposes of receiving the Solution. Planck represents and warrants that the Solution shall comply with agreed specifications in all material respects and that, to its best knowledge, the Solution does not infringe the intellectual property rights of any third party. Subject to the foregoing, the Solution is provided “as is”. To the maximum extent permitted by applicable law, Planck disclaims all implied and statutory warranties, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement.
Customer Indemnification Obligations. Customer shall defend and indemnify Planck (and its affiliates, officers, directors and employees) from and against any and all damages, costs, losses, liabilities or expenses (including court costs and attorneys’ fees) which Planck may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from the provision by Customer of any data not in compliance with applicable law.
Term. Planck may terminate this Agreement and the service with 30 days of notice on the RapidAPI/Mashape platform. The sections of this Agreement shall survive any termination or expiration thereof. Neither party shall have liability for the termination of this Agreement in accordance with its terms. In cases where Planck suspects misuse of its API, including but not limitied to using the API to compete with Planck, do harm, illegal activities, etc, Planck may block the user and terminate this Agreement immediately.
Publicity. Planck may disclose that Customer is using the Solution, including by displaying Customer’s name and logo on Planck’s website and other marketing materials.
Miscellaneous. Except as expressly set forth herein, this Agreement may not be modified or amended except in a writing executed by both parties. If any part of this Agreement shall be invalid or unenforceable, such part shall be interpreted to give the maximum force possible to such terms as possible under applicable law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of this Agreement. Planck may assign its rights or obligations under this Agreement to an affiliated company or to a purchaser of all or substantially all of Planck’s assets or share capital, or to any company succeeding to Planck’s business. Customer shall not assign any of its rights or obligations hereunder without Planck’s prior written consent. Assignments in violation of the foregoing shall be void. This Agreement shall be governed by the laws of the State of Israel, and the competent courts in the city of Tel Aviv shall have exclusive jurisdiction to hear any disputes arising hereunder. Notwithstanding the foregoing, either party may seek an injunction or other equitable relief in any court of competent jurisdiction in order to prevent a breach or threatened breach of this Agreement.
A company which compete with Planck or provides/sells data in any form, should get a written approval from Planck before the first call to the API, even for testing purposes.