Business Terms and Conditions for Use of apiwatcher Service (hereinafter also "BTC")
Terms and definitions
Provider is the Czech business company Availab.io s.r.o., business ID: 24288306, with registered seat at Dělnická 776/5, Holešovice, 170 00 Prague 7, File no: C 193237, Commercial Register of Municipal Court in Prague.
apiwatcher.com is an Internet project of the Provider allowing IT developers to monitor application programming interfaces (APIs) used in their mobile and web applications.
apiwatcher is a web application allowing IT developers to monitor and administer interfaces for programming of applications (API) used in their mobile and web applications.
Contract is the service provision contract executed between the Provider and the Client on the basis of which the Client is authorised to use the apiwatcher service.
Client is a natural person - businessperson or legal entity acting within the framework of its business activity and going to execute a service provision contract in compliance with Article 2 below herein to obtain the right to use the apiwatcher service as an Account owner.
User is any person or entity authorised by the Client to access the apiwatcher service and holding individual user rights provided by the Client.
User account is an account opened by the Client within the context of the apiwatcher service for access by the Users according to the Client allocated user rights.
Contract execution and effectiveness
The Contract is executed on the basis of an order placed by the Client through the registration form of the web interface apiwatcher.com (hereinafter also "Order") by the Order Confirmation by the Provider's e-mail.
Expressed approval of the Client or User with these BTC is a necessary precondition for use of the Services. Unless proof to the contrary is submitted, the Client or User is deemed to approve these BTC by any of the following: A) Filling out and submitting the Order; B) Payment of the price of the Service to the Provider; C) Physical use of the Provider's Service by the Client or User; D) Client or User login to the apiwatcher User Account; E) In any other way demonstrating agreement of the Client or User with these BTC.
By expressing their approval herewith, the Client and the User confirm that they have been acquainted with these
BTC and agree with them in their wording, valid and effective as of the moment of the Client and the User approval
given pursuant hereto.
The Contract shall be effective from the date of its execution.
These BTC form an integral part of the Contract. In the case of a discrepancy between the content of the Contract and these BTC, the Contract provisions shall govern. These BTC have been prepared in electronic format and are available on the www.apiwatcher.com
Subject of contract
The subject of the Contract is the commitment of the Provider to provide to the Client, for the agreed charge, the right of use of the apiwatcher service for the agreed period of time in the "SaaS" form (Software as Service) within the scope pursuant to the Contract (hereinafter also "Service") and the commitment of the Client to use the Service according to the contracted conditions and to pay the agreed price to the Provider for the use of the Service.
The particular specifications of the Service are included in the Application.
Right and liabilities of client
The Client shall be liable to pay the price of the Service to the Provider pursuant to Article 7 as stated herein
The Client hereby agrees not to use the Service in a way that infringes the rights of the Provider or causes damage to the Provider in any other way or causes disadvantage to other clients of the Provider in the course of the shared use of the server. In this context, the Client shall be liable to refrain from the use of any mechanisms, tools, software or procedures that would or might negatively influence the operation of the apiwatcher Service, Internet security or security of other users of the apiwatcher Service or the reputation of the Provider.
The Client shall be liable to fill in the application form with correct contact data for the purpose of billing
and communication with the Provider and to keep these data up to date. Liability following from the statement
of incorrect, incomplete or outdated information shall be borne exclusively by the Client.
The Client shall be liable to protect login data for access to the User Account against third party abuse and
its login password must include upper and lower case letters, digits and a special character.
The Client hereby agrees to inform the Provider immediately of any failures of or defects in the Service operation
by e-mail to the following address: email@example.com.
The Client and the User shall be liable to provide the Provider with the necessary assistance needed for the
assurance of correct Service provision.
Individual Users shall be permitted to access the Service according to the following Client allocated user rights:
Account Owner is entitled to open the User Account i.e. to be the first User, this can only be the Client,
Account Owner is entitled to choose/change the respective plan,
Account Owner is entitled to access all payment data and administer payment for the Service including entry
of the payment card number and access to invoices,
Account Owner holds all of the following user rights in addition,
Account Admin is entitled to access all projects related to the User Account,
Account Admin is entitled to send invitations to future Users either for the whole User Account or for a
particular project or for more selected projects,
Account Admin is entitled to define user rights for the Users - authorisation types Project Admin, Account
Admin or Visitor,
Account Admin holds all of the following user rights in addition,
Project Admin is entitled to add users in Visitor and Project Admin roles,
Project Admin is entitled to change the particular project setting (including but not limited to changes
Project Admin holds all of the following user rights in addition,
Visitor is entitled to view the projects allocated to it.
The Client hereby agrees that the above list of user rights is informative and the Provider shall be entitled
to change the scope of the Service or the list of these rights.
Where Client liabilities mention the Client, there the Client also includes the User(s) to which the Client has
provided access to the Service pursuant hereto. Client liabilities thus apply to the Users accordingly.
The Client as a contracting party shall be fully responsible for actions and omissions of its Users to whom the
Client has allocated user rights in relation to the use of the Service. In the case of a default of a User,
the Provider shall be entitled to request the respective compensation, including damages or contractual penalty,
from the Client who bears full responsibility for the actions of its Users including their omissions to act.
Defaults of individual Users are therefore deemed defaults of the Client itself.
Right and liabilities of provider
The Provider hereby agrees to protect the data and information of the Client (or Users) against their abuse.
The Provider liability is however limited in scope as specified in Article 13 herein below.
The Provider shall be liable to assure operation of all its software and hardware needed for the Service provision.
The Client hereby agrees that the Services are operated and provided as "SaaS" ("Software as a Service"); hence
the liability of the Provider for operation of these software and hardware means for Service provision shall
be limited to the scope pursuant to Article 13 herein below.
The Provider shall be entitled to restrict or suspend the functionality of the apiwatcher Service and access to this for the minimum period necessary for maintenance or repair or for another reason on the side of the Provider or third parties.
The Provider shall also be entitled to change apiwatcher, its technical design and/or user interface.
The Provider shall also be entitled to provide the Service by means of third parties.
The Provider shall be entitled to amend these BTC, without effect on the rights and liabilities of the Contracting Parties constituted in the course of the effectiveness period of the previous version of the BTC. Amendments shall be notified by the Provider to the Client by means of the apiwatcher user interface and/or by e-mail message to the e-mail address of the Client provided on registration (or entered in the Provider's database) and/or by publication of the new version of these BTC on the website of the Provider.
The Client shall be entitled to reject amendments to the BTC within 5 business days from the amendment notification
and withdrawal from the Contract for this reason with a 1-month notice period, which the Contracting Parties
hereby accept as sufficient with regard to the nature of the Service. The notice period shall be governed by
the provisions of Article 8.3. herein below. During the notice period, the relationship between the Client
and the Provider shall be governed by the previous version of these BTC. To avoid any doubt, the Contracting
Parties hereby agree that the Client shall accept the amended BTC within the full scope of their amended version
by payment of the price for the Service requested by the Provider after the effectiveness date of the amended
The Provider shall be entitled to updates of apiwatcher.
The Provider shall decide on the scope and periodicity of the updates. The primary purpose of the updates will be adaptation of apiwatcher to new versions of programming languages in which apiwatcher is written. The secondary purpose will be the facilitation of the operation of apiwatcher. New functions and administration modules of apiwatcher will not automatically be included in the updates, their inclusion in the update packages being at the discretion of the Provider.
The Provider shall be entitled to restrict or suspend the Service operation for the minimum period needed for the update. The Provider shall not bear liability for any financial loss of the Client caused by the suspension of apiwatcher operation for the purpose of its being updated.
The Provider does not guarantee the problem-free functionality of apiwatcher connection to third-party programs.
Price of service and payment terms
The price of the Service shall be governed by the price list of the Provider published on the website on: www.apiwatcher.com/pricing (hereinafter "Price List") and shall be paid by the Client monthly in advance for the respective monthly Service use cycle, unless otherwise specified by the Provider in the Price List.
The Price can be paid:
Online by payment card.
Online by means of the PayPal service.
Or in another way with the prior approval of the Provider.
Following payment of the price of the Service by the Client, the Provider shall issue a tax invoice and send
it to the Client electronically to the e-mail address of the Client specified in the Application.
In the case of the Client's delay of longer than 3 business days in payment of the price of the Service, the
Provider shall be entitled to suspend the Service on the following day, without prejudice to the other rights
of the Provider, including but not limited to the right to withdraw from the Contract or to request damage
compensation (including payment of the agreed but unpaid price of the Service).
In the case of payment with a payment card and the checking by the Client, or the payment card holder, of the
option of remembering of the payment card, this permits the Provider or the payment service provider to repeatedly
draw the respective amounts from the bank account to which the payment card belongs (by using the payment card
data entered by the payment card holder in the authorisation by means of the payment system ), always in the
amount of the price of the repeatedly provided Service by the Provider throughout the effectiveness period
of the Contract and with the agreed frequency. The consent of the Client pursuant hereto is valid at least
for the effectiveness period of the Contract or the payment card in question. Repeated payment will not require
any other action by the payment card holder. The Client shall be entitled to withdraw (cancel) this consent
at any time by unchecking the payment card remembering option.
The Provider shall be entitled to changes of the Price List at any time. Price List changes shall not affect
the already paid prices for the Service and shall only apply from the next billing period.
Terms of contract and service
The Contract shall be executed for an unlimited period of time.
The Provider can provide the Client with a free trial period for the length specified by the Provider (mostly for 30 days) and under the terms and conditions of the Provider (hereinafter "Trial Period"). During the Trial Period, the Service shall be provided to the Client free of charge. The Trial Period shall start on completion of the registration, unless otherwise specified by the Provider. If, before the end of the Trial Period, the Client fails to provide its payment data to the Provider, the Contract shall be deemed expired after elapse of the Trial Period.
The Provider and the Client shall be entitled to withdraw from the Contract at any time with a 1-month notice period. The notice period shall start on the day following delivery of the withdrawal notice to the Client. The notice may also be delivered electronically to the e-mail address of the Client specified in the Application.
The Provider shall be entitled to withdraw from the Contract in the case of a substantial breach of the Contract by the Client. Substantial breach includes but is not limited to the following:
repeated delays of the Client in payments of payable receivables of the Provider charged pursuant to the
delay of the Client in the payment of the price of the Service or any other payment pursuant to the Contract
for a period longer than 10 business days.
violation of copyright of the Provider by the Client.
provision of the Service by the Client to a third party in excess of the permitted User Accounts.
repeated violations of any other liability of the Client pursuant hereto or pursuant to the Contract.
Withdrawal from the Contract annuls all rights and liabilities of the Contracting Parties (with ex nunc effect),
except for those predestined by their nature to survive the Contract termination, including but not limited
to the rights and liabilities of damage compensation, contractual penalty, confidentiality or the Provider's
copyright protection and liability of the Client to pay its payment liabilities, including but not limited
to payment of the price of the Service.
Licence - software as a service (SaaS)
The Client hereby agrees with the fact that apiwatcher is operated as "SaaS" (Software as a Service"), i.e. the Client does not own or purchase the software comprising apiwatcher itself, but only uses the Service of apiwatcher for the Contract Term for the agreed price of the Service. In this context, the Provider grants the Client a non-exclusive licence for execution of the right of use of the apiwatcher Service (hereinafter "Licence"), exclusively for the purpose of due use of the Service for the Service Term and for the agreed number of Users. The Licence Fee is included in the Service Price.
The Client shall not be entitled to grant any sublicence. The Client shall only be entitled to transfer the Licence
to a member of its concern in the sense of the relevant provisions of Section 71 and according to Act no 90/2012
Coll., on Business Companies and Cooperatives, with the prior explicit consent of the Provider.
The Client shall not be entitled to reproduce apiwatcher for the purpose of dissemination, disclosure, lease or lending of apiwatcher to third parties unless the Provider has provided prior explicit consent. The Client shall further
not be entitled to exceed the scope of the licence agreed in the Contract or stipulated herein.
The Client shall not be entitled to perform any amendments, reverse engineering, recompilation, transfer from
the application source code, access to the source code or provision of the source code to any third party.
The Client shall further be liable to observe all limitations applicable to the use of apiwatcher and provided by law, the Contract or these BTC. In this context, the Client agrees that the texts, photographs, works of graphic art, software and other elements contained in apiwatcher or accessible through the Service are protected by copyright, individually or as a whole (hereinafter "Copyright Protected Work"). Unless otherwise agreed with the Provider in writing, authorised use of Copyright Protected Work is limited by the scope and method specified herein. The Client is particularly not allowed to use Copyright Protected Work by reproducing (copying) it for the purpose of the achievement of direct or indirect economic or other benefit, and further by disseminating, lending, exhibiting or disclosing it in public (including on the Internet).
The provisions of Article 10 shall also apply to the Users accordingly.
Personal data processing and protection and cookies
The Provider processes the personal data of its Client resp. its User in compliance with Act no 101/2000 Coll., in Personal Data Protection and on the amendment to certain other acts, act amended (hereinafter the "Privacy Protection Act"):
Contract execution and exercise of the rights and fulfilment of liabilities following on from the Contract
marketing and other commercial communication solely for the purpose of the Provider
records and statistics of the Provider
In the following scope:
name (company name)
place of business
The Provider processes personal data by automated means of the Provider's information systems as well as manually.
The processing of personal data is performed by employees of the Provider in compliance with the Privacy Protection
Act. The Provider shall be entitled to commission a third party to process the personal data of the Client
or the User.
All persons in contact with personal data are bound by confidentiality agreements.
At the request of the Client resp. the User, the Provider shall be liable to provide information about its personal
data processing within the scope required by law. The Provider shall be entitled to coverage of the necessary
costs of provision of this information.
If the Client or the User comes to believe that its personal data processing is being performed in contravention
of the Privacy Protection Act or otherwise in a manner threatening its privacy, the Client shall be entitled
to request the Provider for an explanation or remedy of this condition, in particular by the correction, blocking,
amendment or deletion of the personal data processed.
If the Provider finds the request pursuant to the previous paragraph justified, the Provider shall remedy the
condition immediately. The Provider shall also be liable to inform the Client or the User of the fulfilment
of its request pursuant to the previous paragraph without undue delay.
By execution hereof or by use of the Service in the case of the User, the Client/User agrees with the provision,
collection, archiving and processing of its personal data by the Provider within the scope and for the purpose
defined in Article 10.1 hereof. Together with this consent, the Client (resp. the User) confirms that its personal
data provided are correct, accurate and complete and are provided voluntarily.
The Client (resp. the User) grants its consent for the period of five (5) years from the Contract execution.
The Client (resp. the User) shall be able to withdraw this consent at any time. This does not affect the right
of the Provider to process the personal data of the Client or User where necessary for the Service provision.
The Client hereby further claims to be aware of its rights following from the provisions of Section 12 and Section
21 of the Privacy Protection Act as mentioned in Article 10 hereof.
Unless otherwise laid down in the Contract or unless the Client or the User expresses its will to the contrary,
the Client shall be deemed to agree to being sent commercial information related to the services, goods or
plant of the Provider. The Client (resp. the User) shall be entitled to revoke this consent at any time by
a written notice sent to the address of the registered seat of the Provider, by e-mail or by means of the link
at the end of the commercial communication.
The Client (or the User) agrees that the Provider can also collect certain information within the context of the apiwatcher Service by automated means, for example by means of cookies, log file info, clear gifs/web beacons. In this context, the Provider informs the Client and the Users that the Provider processes cookies, log file info, clear gifs/web beacons of the Client and the users and the Client and the Users hereby provide their consent to it. This consent shall be granted for a period of 10 years. The Client is able to withdraw this consent at any time and restrict the storage of files in its computer by means of the relevant setting on its web browser.
Information the Provider collects in this way may include the Client's/User's IP address, mobile device position, web browser properties, device properties, operating system, language settings, reference URL addresses, actions performed with apiwatcher and dates and times of visits to its web, applications, etc.
Data protection and usage
Data processed within the context of the apiwatcher Service (hereinafter "Data") are placed in the Cloud server. The Provider takes no responsibility for their damage or loss.
The Client and the Users agree with processing and storage of their data by the Provider for the purpose of provision of the apiwatcher Service and are hereby informed that apiwatcher does not interfere with their industrial property rights.
The Client and the Users bear full responsibility for the nature and content of the Data processed within the
context of the Service provision.
The Provider shall be entitled to use the Data for the following purposes: for internal use by the Provider including
but not limited to provision of the Service pursuant hereto; for processing and publication in accumulated
anonymous form (such as for the purpose of various studies, statistical reports, info graphics, case studies,
The Client agrees with the Data being uploaded, processed and stored within apiwatcher even after the Service termination, including Data obtained from the relevant sources between the Service termination and disconnection of the sources from which the Data originated. In any case the Provider shall delete all the data of the Client stored by the Provider within 1 month from the Contract termination.
The Contracting Parties shall be liable to keep confidential all facts forming proprietary information and private
business information of the other Party. In this respect the Client hereby agrees to assure that third parties
shall not be acquainted with the scope and procedure of the Contract implementation and the related documents
without the prior written consent of the Provider.
The Client hereby agrees with the use of the logo and/or business name of the Client for apiwatcher advertising and promotional purposes, including but not limited to publication of references on the Internet, etc. The Client hereby grants the Provider time, place and quantity unlimited licence for the use of the logo and/or business name of the Client for all uses permitted by the Copyright Act of the Czech Republic. The Provider shall not be liable for the use of this licence.
The Contracting Parties hereby exclude from the relationship between the Provider and the Client acceptance of
a proposal by the Provider for the execution of a contract (offer) with an addendum or deviation not significantly
amending the conditions of the offer.
The Contracting Parties shall be liable to inform each other of all facts not included in the Contract that might
affect the proper fulfilment of the contractual liabilities.
Disclaimer and damage compensation
The issues of damage liability and damage compensation shall be governed by the valid Law of the Czech Republic,
including but not limited to Act no 89/2012 Coll., the Civic Code.
The Provider shall not be liable for damage caused by force majeure such as elements or natural disasters, accidents, public telecommunication network failures, war or terrorist attacks, Service interruptions caused by power cuts, server failures, etc. The Provider shall not be liable for damage caused by failures of apiwatcher, the Service or failures on the side of service providers and for damage caused by actions necessary for the assurance of the Provider´s Service operation (such as software updates, server configurations, etc.).
The Provider shall not be responsible for services provided by third parties due to the fact that apiwatcher runs in a Cloud, for their quality, quantity or consequences and for rights and liabilities connected with them or accessory to them and for potential Data abuse by those third party providers.
The Provider shall not be liable for the behaviour of individual Clients and Users and their method of use of the apiwatcher Service, especially if not in compliance herewith or with the applicable legislation, and for damage or loss caused thereby.
The Provider shall not bear responsibility for unauthorised access to the User Account.
The Provider shall not be liable for any payments, transactions or transfers performed by the Client to pay the
Price of the Service. The liability for these is with the providers of the payment (transaction) services and
portals. The Client hereby agrees that, in the case of its use of the payment card remembering option, the
Provider shall not be administrator of the payment card data. Thus the Provider shall not be responsible for
third party abuse of data of the person and its payment means. The Provider shall not be able and does not
hold the right to check whether the data provided through the payment gate are provided by the eligible person
and whether the payment tool is controlled by the eligible person.
The Provider shall not be liable for the quality, availability and scope of the Service provided free of charge.
The Client shall not be entitled to withdraw from the Contract for the reason of any disagreement with the
Service thus provided.
If the Provider is proved beyond any doubt to have caused damage (loss) to the Client for which it can be made
liable, then the liability of the Provider shall not exceed the 1/2 Price of the Service provided.
The Contract, these Business Terms and Conditions and the relationships following from them shall be exclusively
governed by Czech Law, including but not limited to Act no 89/2012 Coll., the Civic Code, as amended.
All disputes following from the Contract /i.e. also from these BTS/ or related to it shall be finally settled
by the Arbitration Court of the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech
Republic pursuant to its Rules by one arbiter appointed by the President of the Arbitration Court. Notwithstanding
this, the Client agrees that the Provider shall still be allowed to apply for any rights, including any injunctive
remedies (or an equivalent type of urgent legal relief), in any other relevant jurisdiction under international
All communication, including but not limited to notices, calls, reminders, commercial information, etc. will preferably be delivered by the Contracting Parties by electronic means, i.e. by e-mail or by means of the user interface of apiwatcher (if allowed by the technical setting of apiwatcher) or by other appropriate methods.
If any of the provisions hereof is found to be or becomes invalid, ineffective or unenforceable, then instead
of the invalid provision a valid provision shall be used, the intention of which shall be as close as possible
to the invalid provision. This shall not affect the validity, effectiveness and enforceability of the remaining
provisions hereof or these BTC as a whole.
These BTC are made in Czech and this English version is only translation. The Client hereby agrees that where
the Provider has a translation of these BTC done, the translation shall be for information only and the Czech
version shall always govern in the case of any discrepancy between the original and the translated version.
Contact data of the Provider: Availab.io s.r.o., Na lysinách 457/20, Hodkovičky, 147 00 Praha 4, e-mail: firstname.lastname@example.org.
These BTC come into effect as of February 22, 2016.