ENCIRCLE API TERMS OF SERVICE

The Encircle Public API is proprietary to Encircle, Inc. ("Encircle") and you do not acquire any intellectual property rights respecting the Encircle Public API other than to the extent licensed herein. Encircle hereby grants you a personal, non-exclusive, non-transferable, royalty-free license to use the Encircle Public API subject to the following conditions:

1. The Encircle Public API is provided to you solely for your internal use, in conjunction with the services provided by Encircle and your account with Encircle, and solely for the purposes set forth herein. Your use of the Encircle Public API is subject to the terms and conditions of the Encircle Terms of Use that you have entered into with Encircle, including without limitation, the section entitled "Software and Updates". If you do not have a valid account with Encircle, have not agreed to the Encircle Terms of Use, or have otherwise not executed an agreement governing your usage of Encircle services and software, then you must immediately cease your use of the Encircle Public API.
   
   
2. The Encircle Public API may be used to: (a) create a claim, inspection, inventory or other supported request in the Encircle platform and related to your Encircle account without needing to use the standard user interface, and (b) backup or download all claims, inspections, inventories or other supported items within the Encircle system relating to your Encircle account. You are solely responsible for all data transmitted through the Encircle Public API; the Encircle Public API is provided as a convenience, and it is your responsibility to ensure that you assess its usefulness and suitability for your needs.
   
   
3. The Encircle Public API is provided to you free of charge, and is therefore provided "AS IS", without any warranty whatsoever.ENCIRCLE DISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, RESPECTING THE ENCIRCLE PUBLIC API, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY OR NON-INFRINGEMENT.Encircle assumes no responsibility for your use of the Encircle Public API, and all risk of loss, including data loss, relating to your usage of the Encircle Public API shall be borne by you.
   
   
4. IN NO EVENT WILL ENCIRCLE BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY CLAIM, LOSS, DAMAGE, COST, INJURY OR EXPENSE, OR FOR DAMAGES OF ANY KIND, WHETHER DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL. THE LIMITATIONS SET OUT IN THIS AGREEMENT SHALL APPLY REGARDLESS OF WHETHER ENCIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER A CLAIM AGAINST ENCIRCLE ARISES FROM A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, OR ANY OTHER TYPE OF CIVIL LIABILITY.
   
   
5. The following copyright notice must be included in any documentation relating to the Encircle Public API: The Encircle Public API is © Encircle, Inc., 2018, and all rights therein are reserved.
   
   
6. BY USING THE ENCIRCLE PUBLIC API, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.