Terms and Conditions of Use
Last update: January 2021.
We welcome you to Nubentos, the API Marketplace for Health.
This document includes the Terms and Conditions of Use that govern your business relationship with Nubentos The API Marketplace for Health SL (hereinafter “Nubentos”), and the use of our services implies the acceptance of these clauses on your part, so you please read it carefully and send us any questions that may arise.
Throughout this document, when you read “our services” we will refer to the use of the website and / or the Nubentos API Marketplace platform, and in particular the Nubentos API Store.
In order to use our services, you must be able to form a legally binding contract with Nubentos, which includes, among others, the legal age to enter into a contract and be able to receive services according to the laws of Spain and any other applicable jurisdiction. IF YOU DO NOT HAVE THE ABOVE ESTABLISHED CAPACITY, YOU MUST REFRAIN FROM USING OUR SERVICES IMMEDIATELY.
These Terms apply to entities that obtain access to the APIs published by our providers through our services (hereinafter, “our clients”, “clients”, “consumers”, “API consumers”, “API Store users ”).
By checking the box “I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS OF USE” you are legally binding to its content in all its terms, which implies that you meet the necessary conditions to do so according to the laws of the applicable jurisdiction.
DEFINITION OF OUR SERVICES
Nubentos is an API Marketplace for Healthcare.
We offer the necessary tools so that visitors to the Nubentos API Store can consult the APIs published by our providers, test them and subscribe to them to integrate them and consume them in their software products.
ACCESS TO OUR SERVICES
Access to the Nubentos API Store is open to any visitor or Internet user. Said open and free access only allows you to view and consult the APIs published by our providers. The visitor who wishes to use an API must register for one of the user plans available in the “Pricing” section of the Nubentos website and therefore accept the Terms and Conditions of Use listed here.
The different user plans allow access to certain levels of use of the APIs, as well as to certain characteristics, functionalities and services. The details of what these characteristics, functionalities and services are is shown in the “Pricing” section of our website.
As a client of Nubentos
When a user of the Nubentos API Store subscribes to one of the APIs published by our providers, they become a consumer of said API and a client of said provider.
With this, you agree not to incur any of the scenarios listed below:
- Use the APIs for a different utility / business case for which they have been published
- Attribute the authorship or intellectual property of the APIs to which you are subscribed
- Make an abusive or negligent use of the APIs to which you are subscribed
- Disregard the payment for the consumption of each API according to the invoices issued by Nubentos
- Failure to attend, ignore or pay insufficient attention to the guidelines that the provider of the APIs or Nubentos establish within the framework of the maintenance of the life cycle of their APIs, such as the publication of new versions, modifications, discontinuations, etc.
- Endanger the stability of the API Store platform with stress tests, volume or similar, having to previously request coordination necessary for said tests with Nubentos, who will coordinate it with the provider of the API involved
- Use the APIs in connection with an Application that offers, allows or promotes the game, or that is or promotes in any way the offense, insult, harassment, threat, discrimination, contains vulgar expressions, pornography, lack of ethics, illegal conduct or any other conduct that in our opinion is considered Inappropriate
- Disclose, share, transfer your API access tokens, or allow access to your Nubentos account to any third party
- Infringe, abuse or make statements about the intellectual property of the APIs
- Transmit or introduce viruses, worms, Trojans or any other malicious software through your Application or your access and use to / of an API
In the event that either the API provider or Nubentos identify any of these scenarios, the API provider may block your access to their APIs until the irregular situation ceases, and Nubentos may withdraw access to the API Store. Both the API provider and Nubentos may also take the legal actions they deem appropriate based on the situation detected.
RESPONSIBILITIES AND GUARANTEES
Nubentos is a mediation platform between entities that own APIs and entities that consume said APIs in the Healthcare sector. Therefore, it is not for Nubentos to offer any guarantee to either of them regarding the other party.
Nubentos expressly declines any guarantee or responsibility for the functioning of the APIs published in its Marketplace. The APIs are offered “as is” and are published by their providers.
Nubentos expressly declines any guarantee or responsibility regarding the use that consumers of the APIs make of them in their software products.
We do not offer or guarantee any availability in the operation of the Sandbox Environment of any of the APIs published in Nubentos. This Agreement does not give you any right to receive from Nubentos maintenance or support for any API or software product that consumes it, except for the APIs developed by Nubentos and the standard interfaces that Nubentos maintains integrated with API providers.
You will receive the necessary support and maintenance from Nubentos for the APIs developed by Nubentos, including the standard interfaces that Nubentos maintains integrated with API providers, as well as the use of the API Store platform.
The owner of each API is solely responsible for providing any technical assistance or maintenance on their APIs. And the consumer of the APIs, as the owner of the software products where they integrate the APIs that they consume, knows and accepts that Nubentos does not offer or provide any technical assistance or maintenance of third-party APIs to the users of their Application/s and will not reveal or imply to any of those users that Nubentos provides such assistance and maintenance services.
To the extent permitted by Spanish law, our liability, derived from or related to your use of the Nubentos API Store platform to consume the published APIs, is limited in accordance with the provisions herein. This limitation of liability, to the extent permitted by Spanish law, will be applicable to compensation derived from any damage, whether indirect, incidental, consequential, special, exemplary or punitive, or derived from a guarantee offered, of contractual or extra-contractual liability (including gross negligence or fraud) or of any other, even though we have been able to know the possibility that those damages could occur.
From Nubentos clients
The intellectual property of the software products that integrate the APIs published in Nubentos belongs entirely to their owners (the API consumers).
In the same way, it corresponds to the consumers of the APIs, as owners of the software where they are integrated, to offer the guarantee and responsibility for the operation of their software product, and the correct use of the APIs they consume.
You (API consumer) are solely responsible for your Application (including, but not limited to the actions and / or claims that third parties may file against you or others in relation to your Application), including, but not limited to to the development of your Application, its operation, maintenance, compliance with all applicable local, state, federal and international laws and regulations and all the materials that appear in it.
For example and without intending to establish an exhaustive list, you are solely and fully responsible for:
- Create and publish, and ensure the accuracy, quality, integrity, legality, reliability, completeness and relevance of the information that you publish on your website and / or your Application;
- Ensure that all the data that you or your Application provide us is authentic, real and serves to carry out a valid transaction;
- Ensure the accuracy, quality, integrity, legality, trust, completeness and adequacy of the data that you and / or your Application provide us under this Contract, including but not limited to the data that you provide us about you, your Application and / or use of the Content / API Service;
- Use and disclose the service offered by the API in accordance with this contract and with any agreement between you and a third party, be it a natural or legal person, including any restriction or requirement established for you by the person or entity that stores your site.
- Use and / or expose the service offered by the API in or within your software in a way that does not infringe, violate or misappropriate the rights of any third party (person or entity), including copyrights, trademarks, privacy, publicity , or any intellectual property rights or proprietary rights;
- Comply with any applicable regulations, including, but not limited to, consumer protection, intellectual property, protection of personal data and export;
- Carry out the technical operations of your Application, and assume the damages that arise from any acts or omissions carried out by your End Users in the same terms that you assume them under this Contract.
Up to the maximum limit allowed by the applicable legislation, the consumers of the APIs published in Nubentos, without requiring a prior declaration of the right to be compensated, must indemnify, protect, defend and leave us and our collaborating companies undamaged. if any, their directors, employees, administrators, agents, third parties, attorneys-in-fact, successors and assignees of any claim from administrative or governmental bodies or any other third party, for damages, including the imposition of administrative, civil or administrative fines. criminal and damages caused or alleged by simple communication or legal claim, against us or our collaborating companies, if any (including legal costs, expenses and / or fees as well as those of lawyers and attorney), which are related, associated or derived from your software product, or by the use made of it by any third party, in whole in part, of one or more APIs (even if said use was fraudulent), of its use or access or that of any third party with respect to any API (even if it is a fraudulent activity) and of any breach of the Contract on your part. We will have the right to select the legal team that will be in charge of our defense and that must be hired by you. In the event that you select the legal team, this decision will be subject to prior approval by us. We reserve the right to take charge of our defense or make you responsible for it against any aforementioned claim, without the latter implying a waiver to participate or reach an out-of-court agreement on it at our expense. You will reasonably cooperate with us in any of these defenses, assuming the costs derived from it. This indemnity clause and the rights and obligations granted by or through it are additional and do not exclude or replace any other damages that may arise from the execution of this Contract.
CANCELATION OF OUR SERVICES
As a consumer of the APIs published in Nubentos, you can cancel your subscription to an API at any time, knowing that from that moment you will not be able to consume said API, so your software could experience operating problems.
Nubentos needs to know certain information about the entities and users who want to integrate the APIs through our platform, specifically that information that is strictly necessary for the operation of our service and the operation of our processes.
Whether these entities are contacted by Nubentos in their commercial prospecting activity, or if it is said entities that discover Nubentos and decide to start using our services, Nubentos will use said information solely for the purpose of providing our services, including proper communication with our providers and customers, and in no case will it be transferred or shared to any other company apart from the Nubentos collaborating companies, if any.
Nubentos customers understand and accept that they are responsible for safely storing and protecting their access credentials to the Nubentos Marketplace, and the APIs published therein, regardless of the type of credentials (username and password, token, etc.) .
Nubentos will not be responsible in any way for any loss or damage that may be caused by non-observance by our clients of this obligation of confidentiality.
SHARE OF BRAND IMAGE
Nubentos clients grant permission to Nubentos to use their brand image for exclusively promotional, commercial and marketing purposes. For this, they will provide us with the information, files, images, pantones, etc. and in general, any element that conforms to your brand image, if requested from our team.
You know and agree that we may, at any time and at our discretion, modify these Terms and Conditions of Use.
We may, at our sole discretion, change the terms of the agreements at any time by publishing modified, updated or updated terms and conditions. new (“Updates”). By continuing to access and use the Nubentos website and API Store after we have posted an update on the website or have notified you of a modification, you are indicating that you agree to be subject to the updates. If Updates are not acceptable to you, your only resource is to stop using the Website and the Service by canceling your user account.