SwaggerHub™ Terms of Use

Last updated: 8 December 2015

This Terms of Use Agreement (“Agreement”) is a legal Agreement between you and SmartBear Software Inc., a Delaware corporation with its principal place of business at 450 Artisan Way, Somerville, MA 02145 (together with its Affiliates and their licensors, “SmartBear”), that governs your use of SwaggerHub https://swaggerhub.com (“Service”) from SmartBear. Please read it carefully before using the Service, clicking “accept” or installing and/or using the Service, you are confirming your acceptance of the Service and agreeing to become bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this Agreement, do not use the Service, and you must not accept this Agreement. This Agreement shall apply only to the Service supplied by SmartBear herewith regardless of whether other software or services referred to or described herein. The terms also apply to any updates, supplements, Internet-based services, and support for the Service. We reserve the right to modify these Terms at any time by posting the changed terms on the site. All changes shall be effective immediately upon posting. Please check these Terms periodically for changes. Your continued use of the Services after we post of changes constitutes your binding acceptance of the new terms.

License

SmartBear grants you a non-exclusive, non-transferable, revocable limited, license to use the Service. Except as otherwise expressly stated, by providing the Content, SmartBear does not grant any licenses to any copyrights, patents or any other intellectual property rights. Your login may only be used by one person and single login shared by multiple people is not permitted. Except as provided in these Agreement, the license and right to use the Services is granted only to you and may not be transferred to anyone without the prior written consent of SmartBear.

Unlawful and Other Unauthorized Uses

You may not use the Services for any unlawful purpose. Your use of the Service must comply with all local rules regarding online conduct and acceptable content. You may not, nor may you permit any third party to, modify, create derivative works from, reverse engineer, or attempt to derive any source code from the site’s software, except as expressly permitted by a written license from us. You may not use the Services in any manner that could damage or overburden the Services or interfere with any other party’s use of the Services.

You may not engage in other unacceptable use of the Services, which includes:

  • Posting or transmitting to or from this Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
  • Disseminating or storing material that infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
  • Exporting, re-exporting, or permitting downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions;
  • Interfering with or attempting to gain unauthorized access to any computer network;
  • Transmitting viruses, trojan horses, or any other malicious code or program; or
  • Engaging in any other activity deemed by SmartBear to be in conflict with the spirit or intent of these Terms.

Content Ownership

Users are solely responsible for all materials, whether publicly posted or privately transmitted, that users upload, post, e-mail, transmit, or otherwise make available on the Service ("User Content”). SmartBear shall not be liable for any claims arising out of User Content. You warrant that you have all rights needed to provide the User Content in accordance with these terms and all applicable laws or regulations.

SmartBear claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content and fork your API definitions.

API Terms

Customers may access their SwaggerHub account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses SwaggerHub, is bound by this Agreement. Abuse or excessively frequent requests to SwaggerHub via the API may result in the temporary or permanent suspension of your account’s access to the API. SmartBear, in its sole discretion, will determine abuse or excessive usage of the API. SmartBear will make a reasonable attempt via email to warn the User prior to suspension. SmartBear reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Term and Termination

The subscription term shall begin on the effective date of your subscription and expire at the end of the period selected during the subscription process (“Subscription Term”).

The Subscription and Agreement will automatically renew at the published rates on a monthly, annual or otherwise mutually agreed upon period of time, unless one party notifies the other party in writing of its intent not to renew at least thirty (30) days in advance of the expiration of the Subscription Term for annual or custom agreements and at least ten (10) days advance notice for monthly agreements.

Customer may terminate the Service at any time, however, fees are non-refundable except in the event of SmartBear’s uncured material breach as set forth below.

Either party may terminate this Agreement at any time, effective immediately, upon written notice to the other party, if such other party: (i) breaches any of its material obligations hereunder and fails to cure such breach within thirty (30) days of written notice thereof; (ii) becomes insolvent or has a receiver, administrator, liquidator or examiner appointed over all or part of its assets or (iii) becomes the subject of a resolution, petition or order for winding up or bankruptcy. We may terminate this Agreement if, at any time, we cease providing the Service.

On termination or expiry of this Agreement for any reason, Customer will remain liable to SmartBear for any outstanding Charges owed, Customer’s rights under this Agreement will immediately terminate, You will lose all access to the Service, including access to Your account and to Your content, and We will delete Your content and the data stored in or as part of Your account.

You can cancel your account at any time emailing info@swaggerhub.com. In the event that you breach this Agreement, SmartBear may terminate your license to the Service, with all other rights and obligations of both parties and all other provisions of this Agreement surviving any such termination. All of your Content may be deleted from the Service upon cancellation in which case this information cannot be recovered once your account is cancelled. The license granted by this agreement terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of the license, you agree to immediately destroy any materials downloaded from the Services.

In addition, SmartBear may cancel or suspend your account for any reason by providing you thirty days advance notice. Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the Services. We accept no liability for such deleted information or content.

Payment

Payment for Subscriptions is required to be paid in full at the beginning of each billing period by credit or debit card. Customer billing period begins upon purchase or an agreed to Service start date and renews automatically.

SmartBear’s designated third-party payment processor, will charge your credit card monthly, annually, or on the agreed to billing frequency, for the Charges relating to the use of the Service associated with your account, and Customer authorizes SmartBear’s such third-party payment processor, to automatically charge your credit card for such Charges. Customer understands that, once charged, the Charges described above are non-refundable. Customer agrees and represents that all information provided for the purpose of subscribing to the Service is accurate, complete and current, and Customer agrees to notify SmartBear, or its designated third-party payment processor, of any changes to the credit card information associated with the Account, including changes in billing address and expiration dates. If SmartBear, or its designated third-party payment processor, does not receive payment from the issuer of the credit card associated with the Account, Customer agrees to pay all amounts due upon demand directly to SmartBear, and SmartBear further reserves the right to either suspend or terminate the Account and access to the Service.

In addition to the Charges, Customer must pay to SmartBear, or to the relevant taxing authority, as appropriate, all applicable sales, use, goods and services, value added or other taxes payable under this Agreement (other than taxes levied or imposed on our income). In all cases, the amounts due under this Agreement will be paid by Customer to us in full without any right of set-off or deduction.

SmartBear reserves the right to change its price list and to institute new charges at any time, upon notice to You, which may be sent by email or posted on the Site. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Additional Charges may apply for additional services requested by Customer such as the removal of personal data or the transfer of data after closing the Account. Customer will be notified of services requiring additional Charges which have not been previously agreed upon before any such additional Charge will be applied.

Trial Accounts

Customers who are provided with a trial account without charge for which they have not paid a Charge acknowledge and agree that such services are provided “as is” and so, to the fullest extent permitted by law, those services are provided without any warranties or representations whatsoever and the Customer agrees to avail of such services entirely at its own risk.

Support

Forum-based support is available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which SmartBear shall endeavor to give at least 8 hours’ notice and which SmartBear shall schedule to the extent practicable during the weekend hours from 9:00 p.m. Friday to 6:00 a.m. Monday Eastern Time), or (b) any unavailability caused by circumstances beyond SmartBear’s reasonable control, including without limitation, Internet and telecommunications service provider failures or delays, failures of independent service providers, or denial of service attacks. Customer support is provided through the online and email channels as described in the “Customer Support” resource at http://community.smartbear.com/SwaggerHub.

Confidentiality and Data Privacy

SmartBear does not wish to receive, act to procure, nor desire to solicit, confidential or proprietary information from you through the Service. Please note that any information or material divulged during chats, posted to newsgroups or sent to SmartBear will be deemed NOT to be confidential by SmartBear.

The terms and conditions of SmartBear’s Privacy Policy are set out in full at http://www.smartbear.com/privacy and are incorporated by reference into this Agreement. By your acceptance of the terms of this Agreement or use of the Software, you authorize the collection, use and disclosure of information collected by SmartBear for the purposes provided for in this Agreement in accordance with the Privacy Policy as revised from time to time. International users understand and consent to the processing of personal information in the United States for the purposes described herein in accordance with the Privacy Policy. In addition, when you register for the Service we ask for information such as your name and email address. Smartbear uses collected information for the following general purposes: services provision, identification and authentication, services improvement, contact and research.

Ownership

The design or layout of the Service is the property of SmartBear. Elements of the Service are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Service may be copied or retransmitted unless expressly permitted by SmartBear. Copying or reproduction of any Service relating to, or available through, the websites to any other server or location for further reproduction or redistribution is expressly prohibited. Except as otherwise expressly stated, SmartBear does not grant any licenses to any copyrights, patents or any other intellectual property rights. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Smartbear.

SmartBear, Swagger, SwaggerHub and other trademarks contained in the Service are trademarks or registered trademarks of SmartBear Software Inc. in the United States and/or other countries. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Service. The look and feel of the Service is copyright ©2015 SmartBear Software Inc. All rights reserved.

Refunds

When upgrading from a free plan to any paying plan, you will immediately be billed.

For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There shall be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an active account.

For any upgrade or downgrade in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate, and the billing cycle will restart at the time of plan change.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. It is your responsibility to verify that your account content will comply with the capabilities of the plan you are downgrading to.

Warranty Disclaimer

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. None of the information or data on the service, including third party content has been verified or authenticated. Any such information or data on the service may contain technical inaccuracies or typographical errors. Information and data may be changed or updated without notice. SmartBear may also make improvements and/or changes in the service at any time without notice. Smartbear shall have no liability for any errors or omissions in such information or data, including third party content, whether provided by SmartBear or others. SmartBear assumes no responsibility regarding the accuracy of the content and use of the content is at the recipient’s own risk. SmartBear provides no assurances that any reported problems with any content will be resolved.

In addition, all warranties are hereby disclaimed, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. SmartBear does not warrant that (i) the service will meet your specific requirements; (ii) the service is fully compatible with any particular platform; (iii) your use of the service will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the service will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; or (vi) any errors in the service will be corrected.

SmartBear makes no representations whatsoever about any other websites, products or services which you may access through the Service. When you access another website, or a third party website from the service, please understand that it is independent of SmartBear, and that SmartBear has no control over the content on that website. In addition, a link to a non-SmartBear website does not mean SmartBear endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

Indemnification

You shall defend SmartBear against any claim, demand, suit or proceeding made or brought against SmartBear by a third-party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify SmartBear for any damages finally awarded against, and for reasonable attorney’s fees incurred by, SmartBear in connection with any such claim, demand, suit or proceeding; provided, that SmartBear (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases SmartBear of all liability); and © provides to You all reasonable assistance, at Your expense.

LIMITATION OF LIABILITY

SmartBear reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice. SmartBear shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

In no event will SmartBear be liable to you or any third party for any direct, indirect, special or consequential damages resulting from or related to use of the websites or services, or on any other hyper linked or third party website, or from your use of the API or third-party products that access data via the API, including, without limitation, any lost profits, business interruption, loss of programs or data on your information handling system or otherwise, however arising, even if we are expressly advised of the possibility of such damages.

In no event shall the total liability of SmartBear or its affiliates, contractors, employees, agents, or third party partners, licensors, or suppliers to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the site (whether in contract, tort (including negligence), warranty, or otherwise) exceed the fees paid to Smartbear in the preceding twelve months period giving rise to the claim.

U.S. Government Restricted Rights Legend

This Section 12 applies to all acquisitions of the Software by or for the federal government, or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative Agreement or other activity with the federal government. The Software was developed at private expense and is Commercial Computer Software, as defined in Section 12.212 of the Federal Acquisition Regulation (48 CFR 12.212 (October 1995)) and Sections 227.7202-1 and 227.7202-3 of the Defense Federal Acquisition Regulation Supplement (48 CFR 227.7202-1, 227.7202-3 (June 1995)). Accordingly, any use, duplication or disclosure by the Government or any of its authorized users is subject to restrictions as set forth in this standard license Agreement for the Software. If for any reason, Sections 12.212, 227.7202-1 or 227.7202-3 are deemed not applicable, then the Government’s rights to use, duplicate or disclose the Software are limited to “Restricted Rights” as defined in 48 CFR Section 52.227-19©(1) and (2) (June 1987), or DFARS 252.227-7014(a)(14) (June 1995), as applicable. If this Agreement fails to meet the government’s needs or is inconsistent in any respect with Federal law, the government agrees to return the Software, unused, to SmartBear. Manufacturer is SmartBear Software Inc., 450 Artisan Way, Somerville, MA 02145.

Digital Millennium Copyright Act

If you believe that material posted on the Service infringes your copyright, you should provide notice of such infringement to the following person, who is SmartBear’s designated agent for the purposes of the Digital Millennium Copyright Act (17 U.S.C. 512): SmartBear Software Inc., 450 Artisan Way, Somerville, MA 02145 security@smartbear.com

General

You are responsible for maintaining the security of your account and password. GitHub cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You understand that SmartBear uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You acknowledge that the Services may be subject to the U.S. export control and sanctions laws (including the Export Administration Regulations (“Export Controls”) and that you will comply with all applicable Export Controls. You also agree that any local laws to the benefit and protection of SmartBear’s ownership of, and interest in, its intellectual property and rights of recovery for damages thereto will also apply.

These Terms of Use contain the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous Agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Service hereunder shall be of no effect. The failure or delay of SmartBear to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.

If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.

SmartBear reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action they deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. SmartBear reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address or account holder to this Web site.

The laws of the Commonwealth of Massachusetts, without regard to the choice or conflicts of law provisions, will govern the Terms, with the exclusive venue in the Commonwealth of Massachusetts. If any of these Terms are found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. SmartBear’s failure to enforce any of the Terms is not a waiver of such term. All provisions of this Agreement which by their nature are intended to survive the termination of this Agreement shall survive such termination.