Services Terms of Use

Introduction

Convergence Labs, Inc. provides APIs, service endpoints, clients, administrative utilities, and other associated software (collectively know as the “Services” and individually as a “Service”). By using or otherwise accessing the Services you agree to the general terms set forth below. Each individual Service may have additionally terms. If there is a conflict between these general terms and additional terms applicable to a given Service, the additional terms will control for that conflict. We refer the the general terms below, the terms specific to each Service, and any other policies Collectively as the “Terms”.

By using any of the Services provided by Convergence Labs, you agree to comply with the Terms and that the Terms control your responsibilities and relationship with us.  As such, please read the Terms carefully and contact us at [email protected] with any questions before using any of the Services.

You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Convergence Labs, or (b) you are a person barred from using or receiving the Services under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that organization (and all references to “you” in the Terms refer to that organization).

Under the Terms, “Convergence Labs” means Convergence Labs Inc., with offices at 1817 S Copper Crest Cir, Sioux Falls, SD 57110, United States.  We may refer to “Convergence Labs” as “we”, “our”, or “us” in the Terms. We may refer to the family of services as “Convergence”.

User Account Information

In order to access certain Services you may be required to register for a user account. During the registration process, you may be required to provide certain information, such as identification and contact information. You agree to keep any registration information you give to Convergence Labs accurate and up to date.

Acceptable Use

The Services are designed to help you enhance your websites and applications (“Service Client(s)”). YOU AGREE THAT CONVERGENCE LABS MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE THE SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS.

You will use commercially reasonable efforts to protect user information collected by your Service Client, including personally identifiable information (“PII”), from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.

You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.

You will only access (or attempt to access) a Service by the means described in the documentation of that Service. If Convergence Labs assigns you developer credentials (e.g. client IDs), you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your Service Client’s identity when using the Services or developer accounts.

Convergence Labs sets and enforces limits on your use of the Services (e.g. limiting the number of requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each Service. If you would like to use any Service beyond these limits, you must obtain Convergence Labs’ express consent (and Convergence Labs may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use).

Restrictions

When using the Services, you may not and may not allow your users to:

  • Sublicense a Service for use by a third party. Consequently, you will not create a Service that functions substantially the same as the Services and offer it for use by third parties.
  • Perform an action with the intent of introducing to Convergence Labs Services or infrastructure any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
  • Defame, abuse, harass, stalk, or threaten others.
  • Interfere with or disrupt the Services or the servers or networks providing the Services.
  • Use the Services contrary to any laws in the Jurisdictions where you or your end users use the Services
  • Reverse engineer or attempt to extract the source code from any Service or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
  • Use the Services for any activities where the use or failure of the Services could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
  • Use the Services to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State. Remove, obscure, or alter any Convergence Labs terms of service or any links to or notices of those terms.
  • Confidentiality

    When using the Services you may create credentials that allow you to use the Services. These credentials may include, but are not limited to, user account credentials, API Tokens, public/private key pairs, and other information that allows you to access the Services. These credentials server to (a) identify you and the applications you build using the Services and (b) authorize your use of the Services. You agree to keep these credentials confidential. You will not share these credentials with others. You expressly agree to not post user credentials in public forums such as public forums, open source projects, blog posts, etc. You take all reasonable precautions to prevent others from using your credentials.

    Termination

    You may stop using our Services at any time with or without notice. Further, if you want to terminate the Terms, you must provide Convergence Labs with prior written notice and upon termination, cease your use of the applicable Services. Upon termination you are responsible for deactivating your accounts and removing all hosted information that you wish to keep.

    Convergence Labs reserves the right to terminate the Terms with you or discontinue the Services or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.

    Warranties, Liabilities, and Indemnification

    WARRANTIES

    EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER CONVERGENCE LABS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE Services “AS IS”.

    SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.

    LIMITATION OF LIABILITY

    WHEN PERMITTED BY LAW, CONVERGENCE LABS, AND CONVERGENCE LABS’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CONVERGENCE LABS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

    IN ALL CASES, CONVERGENCE LABS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

    Indemnification

    Unless prohibited by applicable law, if you are a business, you will defend and indemnify Convergence Labs, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

    • your misuse or your end user’s misuse of the Services;
    • your violation or your end user’s violation of the Terms; or
    • any content or data routed into or used with the Services by you, those acting on your behalf, or your end users.