API Terms of Service

These API Terms of Service (“Terms”) sets forth the terms pursuant to which MikMak will provide you (the “Customer”) with access to certain application programming interfaces (“APIs”) and related API keys through the MikMak platform. By accessing and using the APIs you agree to these Terms.

1. API Access. MikMak shall make available to Customer one or more APIs, including associated API keys, credentials, and documentation, to enable secure access to certain functionality or data sets free of charge and until the general release of the APIs or their discontinuation. We may suspend or terminate your access to the APIs if Customer violates these Terms. Upon termination, Customer must stop using the APIs.
2. Use and Restrictions. Customer may use the APIs solely for internal business purposes only. All use of the APIs is subject to the following conditions:
   (i) API keys and credentials must be kept confidential and not shared with any agents, independent contractors or third parties, other than with one authorized advertising publisher as mutually agreed by the parties (the “Authorized Publisher”). Customer is responsible for securely handling API access keys, and MikMak shall not be liable for any loss or damage arising from Customer’s failure to maintain the security of an API access key.
   (ii) Customer shall not use the APIs in a manner that exceeds reasonable request volume or otherwise imposes an unreasonable or disproportionately large load on MikMak’s systems.
   (iii) Customer acknowledges and agrees that (x) using the APIs provides access to data and information that are owned and highly confidential to MikMak or the Customer, as applicable, and (y) sharing such APIs with the Authorized Publisher will allow such party to access such data and information. Customer is solely responsible for such party’s access to, or use of, the APIs. If Customer transmits any data to the APIs, Customer grants MikMak a license to use, store, and process the data as necessary to provide the service.
   (iv) Customer shall not reverse engineer, decompile, or otherwise attempt to extract source code from the APIs.
3. Customer Representations. Customer hereby warrants that: (i) its use of the APIs will be in strict accordance with these Terms and any documentation and all applicable laws and regulations; and (ii) its use of the APIs will not infringe or misappropriate the intellectual property rights of any third party. 
4. Security and Monitoring; Ownership. MikMak reserves the right to monitor API usage to ensure compliance with these Terms and any documentation. In the event of suspected abuse, MikMak may suspend or revoke access with prior written notice, except where immediate action is necessary to protect its systems or data. All intellectual property rights in and to the APIs, API keys, and documentation are owned by MikMak. Except as set forth in these Terms, Customer is granted only a limited, non-sublicensable, non-exclusive, non-transferable, revocable right to use the APIs in accordance with these Terms and the documentation.
5. Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APIS ARE PROVIDED “AS IS,” AND MIKMAK MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF DEALING, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE APIS OR DOCUMENTATION. MIKMAK DOES NOT PROVIDE ANY WARRANTIES REGARDING THE ACCURACY OF DATA OR INFORMATION PROVIDED BY THIRD PARTIES AND MIKMAK SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DELAYS, INTERRUPTIONS, SERVICE FAILURES AND ANY OTHER PROBLEMS ARISING FROM CUSTOMER’S USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS OR ANY OTHER SYSTEMS. MIKMAK DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE APIS WILL BE UNINTERRUPTED OR ERROR-FREE.
6. Limitations on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MIKMAK BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS OR DATA AND SIMILAR CLAIMS, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF MIKMAK HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF MIKMAK ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS WILL NOT EXCEED USD $100. 
7. Indemnification. Customer agrees to indemnify and hold MikMak, its affiliates and agents from and against any and all third-party claims, damages and expenses including attorney's fees, arising out of your or the Authorized Publisher’s use or misuse of the APIs and any data or information accessed therein.
8. General. Neither party may assign or transfer any rights or obligations under these Terms without the prior written consent of the other, except that either party may assign in connection with a merger, acquisition, or sale of substantially all of its assets. These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of New York, without giving effect to any conflicts of laws principles. Customer hereby expressly consents to exclusive personal jurisdiction and venue in the state and federal courts for the county in which MikMak’s principal place of business is located for any lawsuit arising from or relating to these Terms. In the event of any dispute, the prevailing party will be entitled to collect from the other the fees and costs of litigation, including but not limited to attorneys’ fees and expenses. The provisions of these Terms shall be deemed severable. If any provision of these Terms shall be held unenforceable by any court of competent jurisdiction, it shall be severed from these Terms and the remaining provisions shall remain in full force and effect.