1. Acceptance of Terms
If you are entering into this API TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this API TOS. In that case, the terms "you" or " your" shall also refer to such entity. If you do not have such authority, or if you do not agree with this API TOS, you may not use our API. You acknowledge that this API TOS is a contract between you and Burner, even though it is electronic and is not physically signed by you and Burner, and it governs your use of our API.
Application - Any software application, website, or product you create or service you offer that implements or uses our API.
Burner Brand - The Burner brand and brand assets, including names, logos, trade names and trademarks.
Burner User - a registered user of any Service.
Burner User Data - means any data and content uploaded, posted, transmitted or otherwise made available by a Burner User via our API.
Developer Site - Burner's Developer site found at https://developer.burnerapp.com
Documentation - The documentation, data and information that Burner provides regarding the use of our API through the Developer Site.
Service(s) - Burner's applications, websites, API, and related systems technologies, software, applications, data, reports, text, images, and other content made available by or on behalf of Burner through any of the foregoing. The "Service" excludes any software, application, or service that is provided by you or a third party (including Applications), whether or not Burner designates them as "official integrations".
3. API License
As long as you comply with this API TOS, Burner grants you a limited, non-exclusive, non-assignable, non-transferable license to use our API, only to develop, test, and support your Application.
4. Restrictions. You may use our API and Burner User Data only in strict compliance with the following:
4.1. No 911 . You acknowledge and agree that our API cannot be used for 911 OR EMERGENCY CALLING. Your Application must not rely on our API for 911 calling or texting capability.
You must include a clear and prominent disclosure in your Application that discloses that 911 OR EMERGENCY CALLING OR TEXTING ARE NOT SUPPORTED.
You hereby release from all claims, and waive all claims and causes of action against, Burner, its directors, officers, employees, subsidiaries and assigns, arising from or relating to any attempt to dial 911 or make an emergency call using the Services.
4.2. API Modifications. Burner is still evolving, and we need the flexibility to occasionally make changes to our API, including backwards incompatible ones. Also, parts of our API are undocumented, including certain methods, events, and properties. Given that these undocumented aspects of our API may change at any time, you should not rely on these behaviors.
4.3. Compliance with law. You may not use our API or Burner User Data in violation of any law or regulation, or rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with this API TOS or Burner's other agreements to which you are subject. You may not use our API in any Application that includes adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under 21 years of age, is offensive or dangerous, or otherwise violates any applicable law or regulation.
4.4.1. You may not use our API or any other technology in a manner that: accesses or uses any information beyond what Burner allows under this API TOS or the Documentation; that changes the Service; that breaks or circumvents any of Burner's technical, administrative, process or security measures; that disrupts or degrades the performance of the Service or our API; or that tests the vulnerability of Burner's systems or networks.
4.4.2. You may not transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data.
4.4.3. You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in our API or Service, or portion thereof;
4.4.4. You may not use our API to replicate or compete with core products or services offered by Burner. You acknowledge and agree that Burner has or may in the future offer products or services that are similar to your Application, and nothing will prevent Burner from doing so;
4.5. Commercial Use. You may charge for your Application (e.g., one time purchase fee to download your mobile app, monthly subscription fee for access to your service that you make available in the mobile app). However, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to our API.
4.6. Advertising. You may place advertisements on and around your Application. However, you may not:
4.6.1. Place any advertisements within our Service channels, and your advertisements may not resemble or be reasonably likely to confuse users as being a Service message;
4.6.2. Use Data or any content from Burner in any advertisements or for purposes of targeting advertisements, in your Application or elsewhere; or
4.6.3. Use contact information obtained from Burner (including email addresses) to contact Burner users outside of Burner without their express permission.
4.7. Rate Limits. You will not attempt to exceed or circumvent limitations on access, calls and use of our API, or otherwise use our API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of this API TOS or the Documentation.
4.8. Distribution of your Application . You may not distribute or allow access to our APIs to anyone other than, if applicable, the company on whose behalf you entered into this API TOS. Anyone who wants to access our APIs must agree to be bound by this API TOS.
5. Use of Burner User Data
5.1. Storing. You may not copy, cache, store, capture or otherwise retain or share the Burner User Data, or any information expressed by the Burner User Data (such as hashed or transferred data), with the following sole exception:
You may cache only the message content (text, audio, video, and images) contained in Burner User Data for up to 24 hours, only if you are otherwise in strict compliance with this API TOS and all applicable laws, and only if you delete such data within 24 hours after you have access to such data.
5.2. Deletion. You must delete all Burner User Data you have collected from a Burner User:
5.2.1. upon request by that Burner User;
5.2.2. when the Burner User deauthorizes your Application or otherwise deauthorizes your access to the Burner User's account;
5.2.3. when the User closes his or her account with you for your service;
5.2.4. when a team stops using your Application, in which case you must delete all Burner User Data obtained from that team; or
5.2.5. If we terminate your use of our API or you terminate your use of our API, in which case you must delete all Burner User Data and any other information that you stored pursuant to your use of our API.
6. Use of Burner Brand or Marks.
6.1. Brand Features. "Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, this API TOS does not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of Burner's Brand Features (including any goodwill associated therewith) will inure to the benefit of Burner.
6.2. Attribution. You agree to display any attribution(s) required by Burner as described in the Documentation. Burner hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license while this API TOS is in effect to display Burner's Brand Features for the purpose of promoting or advertising that you use our API. You must only use the Burner Brand Features in accordance with this API TOS and for the purpose of fulfilling your obligations under this Section. In using Burner's Brand Features, you must follow the Burner Brand Guidelines. You understand and agree that Burner has the sole discretion to determine whether your attribution(s) and use of Burner's Brand Features are in accordance with the above requirements and guidelines.
6.3. Publicity. You will not make any statement regarding your use of our API which suggests partnership with, sponsorship by, or endorsement by Burner, without Burner's prior written approval.
6.4. Promotional and Marketing Use. Burner may produce and distribute incidental depictions, including screenshots, video, or other content from your Application, and may use your company or product name, in connection with promoting, marketing, or demonstrating our API and the associated Services. You grant us all necessary rights for the above purposes.
7. Security Measures
7.1. Protections. The network, operating system and software of your web servers, databases, and computer systems (collectively, "Your Systems") must be properly configured to securely operate your Application and protect Burner User Data. All Burner User Data must be stored and served using strong encryption. Your Application must use reasonable security measures to protect your users' information. You must not architect or select Your Systems in a manner to avoid the foregoing obligations.
7.2. Reporting. You must promptly report any security deficiencies in, or intrusions to, your Systems to Burner in writing via email to email@example.com or via the security contact information posted on the Developer Site. This includes any unauthorized access, use, disclosure or destruction of Burner User Data. You will work with Burner to immediately correct any security deficiency, and will immediately disconnect any intrusions or intruder. In the event of any security deficiency or intrusion involving the Application, our API or Burner User Data, you will make no public statements regarding such deficiencies or intrusions (e.g., press, blogs, social media, bulletin boards, etc.) without prior written and express permission from Burner in each instance.
8. Government Access. You will not knowingly:
8.1. Allow or assist any government entities, law enforcement, or other organizations to conduct surveillance or obtain data using your access to our API in order to avoid serving legal process directly on Burner. Any such use by you for law enforcement purposes is a breach of this API TOS.
8.2. Display, distribute or otherwise make available Burner User Data or any Application to any person or entity that you reasonably believe will use the Burner User Data or Application to violate the Universal Declaration of Human Rights (located at http://www.un.org/en/documents/udhr/ ). Any law enforcement personnel seeking information about Burner users will be referred to Burner's User Data Request Policy, located at firstname.lastname@example.org.
As between you and us, we own all rights, title, and interest, including all intellectual property rights, in and to: (1) our APIs, Documentation, and all elements and components thereof; (2) Burner User Data; (3) Services; and (4) Burner's Brand Features (collectively, the "Burner Materials"). Except for the express licenses granted in this API TOS, Burner does not grant you any right, title, or interest in the Burner Materials. You agree to take such actions as Burner may reasonably request to perfect Burner's rights to the Burner Materials.
10. Term and Termination
10.1. Duration of Terms. This API TOS will go into effect on the date upon which you agree to them or by accessing or using our API, and will continue until terminated as set forth herein.
10.2. Your Right to Terminate. You may terminate this API TOS by discontinuing use of our APIs.
10.3. Suspension; Termination. We may change, suspend or discontinue our API and suspend or terminate your use of our API, the Service, and/or Burner Brand Features at any time and for any reason, without notice. Without limiting the foregoing, we may limit your Application's access to our API if it, in our sole discretion, may negatively affect our Service or our ability to provide our Service.
10.4. Effect of Termination. Upon termination of this API TOS:
10.4.1. All rights and licenses granted to you will terminate immediately;
10.4.2. You will promptly destroy Documentation and any other Burner information in your possession or control that was received under this API TOS;
10.4.3. You must immediately and permanently delete all Burner User Data and other information that you stored pursuant to your use of our API. Burner may request that you certify in writing your compliance with this section; and
10.4.4. Burner will make commercially reasonable efforts to remove all references and links to your Application from its Services (Burner has no other obligation to delete copies of, references to, or links to your Application).
10.5. The following sections of this API TOS shall survive any termination: 4, 5, 7, 8, 9, 10.4, 12, and 13.
11. Other Important Terms
11.1. Legal Representations. You represent and warrant to Burner that, excluding Burner Materials, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your Application, and that use of your Application by Burner and its users will not violate the rights of any third party (e.g., copyright, patent, trademark, privacy, publicity or other proprietary right of any person or entity), or any applicable regulation or law.
11.2. Modification of the API TOS. We may change, add to or delete this API TOS or any portion thereof from time to time in our sole discretion. If any change in this API TOS is unacceptable to you, then your only recourse is to cease all use of our API. Your continued access or use of our API will mean that you agree to the updates and modifications.
12. Disclaimer of Warranties; Limitation of Liability; Indemnity
12.1. NO WARRANTIES . OUR API AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND BURNER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT Burner DOES NOT WARRANT THAT OUR API WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR API, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM BURNER OR THROUGH THE DEVELOPER SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API TOS.
12.2. LIMITATION ON LIABILITY . UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL Burner BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF $500 USD, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, BURNER'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12.3. Indemnity . You agree to defend, hold harmless and indemnify Burner, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users' use of the Application, our API or Burner User Data, use of Burner Brand Features, or violation of this API TOS, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit, or action.
13. General Legal Terms
13.1. Governing Law . This API TOS shall be governed by the laws of the state of California, United States, notwithstanding any conflicts of law principles. You and Burner agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
13.2. Notice. We may notify you via postings on the Developer Site or via the email address associated with your Application or Service account. Burner accepts service of process by mail or courier at the physical address set forth in the "How to Contact Us Section" below. Any notices that you provide without compliance with this section shall have no legal effect.
13.3. Entire Agreement. This API TOS and any documents incorporated into this API TOS by reference, constitute the entire agreement between you and Burner regarding our API and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this API TOS.
13.4. Severability. If any provision of this API TOS is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of this API TOS will not be affected in any way.
13.5. No Waiver, Representations. Our failure to act with respect to a breach of this API TOs by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers or other acts or omissions by any Burner affiliate shall be deemed legally binding on any Burner affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Burner.
13.6. Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Developer Site or Service or any API, or other material used or displayed through the Developer Site or Service.
13.7. Assignment. You may not assign or delegate any rights or obligations under this API TOS, including in connection with a change of control. Any purported assignment and delegation is void.
13.8. How to Contact Us. If you have questions or comments about this API TOS, or wish to make use of our API in any way not permitted by this API TOS, please contact us via email at email@example.com or by physical mail at:
Ad Hoc Labs
2658 Griffith Park Blvd #134
Los Angeles 90039