Terms of Service

Last updated: August 01, 2024

Introduction

Welcome to CarListAPi.com ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your use of our website located at CarListAPi.com (the "Site") and our services, including access to API endpoints and payment processing through Stripe (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. Acceptance of Terms

By accessing or using our Services, you represent that you have read, understood, and agree to be bound by these Terms. You may not access or use the Services if you do not agree to these Terms or if you are not of legal age to form a binding contract with us.

2. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting of the revised Terms. Your continued use of the Services following the posting of changes will constitute your acceptance of such changes. We encourage you to review these Terms regularly.

3. Use of the Services

  • 3.1 Eligibility: You must be at least 18 years old and capable of forming a binding contract with us to use our Services. By using the Services, you represent and warrant that you meet these eligibility requirements.
  • 3.2 Account Registration: To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
  • 3.3 API Access: If you subscribe to our Services that include API access, you agree to use the API in accordance with these Terms and any additional guidelines or documentation provided by us. You are responsible for maintaining the security of your API credentials and for any activities conducted under your account.
  • 3.4 Prohibited Uses: You agree not to use the Services for any unlawful purpose or in violation of any applicable law. You also agree not to:
    • Use the Services in any manner that could damage, disable, overburden, or impair our servers or networks;
    • Attempt to gain unauthorized access to any part of the Services or other accounts, computer systems, or networks connected to the Services;
    • Use any automated means, such as bots, scrapers, or crawlers, to access the Services without our express permission;
    • Misrepresent your identity or affiliation with any person or entity;
    • Engage in any other activity that interferes with the proper working of the Services.

4. Payment and Subscription

  • 4.1 Fees: Some features of the Services may be available on a subscription basis or may require payment. By subscribing to our Services or making a purchase, you agree to pay the fees associated with your selected plan or service. All fees are non-refundable unless otherwise stated.
  • 4.2 Payment Processing: We use Stripe for payment processing. By using Stripe, you agree to comply with Stripe’s service agreement, available at https://stripe.com/legal/ssa. We do not store your payment information; all payment information is securely handled by Stripe.
  • 4.3 Subscription Terms: Your subscription will continue for the term specified in your order, and will automatically renew at the end of each term unless you cancel your subscription. You may cancel your subscription at any time, but you will not be entitled to a refund for any unused portion of the subscription term. You will continue to have access to the Services until the end of your current subscription period.
  • 4.4 Taxes: You are responsible for any taxes, including VAT, that may apply to your use of the Services. We may charge taxes when required to do so.

5. Intellectual Property

  • 5.1 Ownership: The Services, including all content, features, and functionality, are owned by CarListAPi.com or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You do not acquire any ownership rights in the Services by using them.
  • 5.2 License to Use the Services: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or business purposes. This license does not include any right to resell the Services or any portion thereof.
  • 5.3 Feedback: If you provide us with any feedback, suggestions, or ideas regarding the Services, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback into the Services without any obligation to you.

6. Termination

  • 6.1 Termination by You: You may terminate your account and cease using the Services at any time by contacting us at info@carlistapi.com. Upon termination, your right to access and use the Services will immediately cease.
  • 6.2 Termination by Us: We reserve the right to suspend or terminate your access to the Services at any time, for any reason, including if we believe you have violated these Terms. Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
  • 6.3 Effect of Termination: Upon termination, you will no longer have access to your account or any data associated with your account. We may delete your data and account information from our systems after termination. We are not responsible for any loss of data or content as a result of termination.

7. Disclaimers and Limitation of Liability

  • 7.1 Disclaimers: The Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • 7.2 Limitation of Liability: To the fullest extent permitted by law, in no event shall CarListAPi.com, its directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services. In no event shall our liability exceed the amounts you paid to us for the Services in the twelve (12) months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless CarListAPi.com, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from your violation of these Terms or your use of the Services.

9. Governing Law and Dispute Resolution

  • 9.1 Governing Law: These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
  • 9.2 Dispute Resolution: Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in Riverside, CA, except that you may assert claims in small claims court if your claims qualify. The arbitration shall be conducted on an individual basis, and you agree not to bring any claims in a class, consolidated, or representative action

10. Miscellaneous

  • 10.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and CarListAPi.com regarding your use of the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
  • 10.2 Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
  • 10.3 Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
  • 10.4 Assignment: You may not assign these Terms or any of your rights or obligations under them without our prior written consent. We may assign these Terms at any time without notice to you.

11. Contact Information

If you have any questions about these Terms, please contact us at: info@carlistapi.com