Last updated: 28 September 2015
Thank you for your interest in using TRAFI API as well as the content made available through this API. We are working hard to make public transport more accessible and we’re thrilled that you would like to participate. The mission of our API is to make it easy for you to include our functionality and content on your properties. At the same time, we need to ensure that the rights of TRAFI and our passengers and partners are always respected. Therefore, we need to include some terms under which you are free to do so.
Background and agreement
The TRAFI API (“API”) is made available by Trafi Ltd. (“TRAFI”) with the sole purpose to enable you to include public transport content and functionality obtained through the API (“Content”) in your website or applications.
If you are acting on behalf of an organization, you agree to these Terms for that organization and promise that you have authority to bind that organization and its parents, subsidiaries, and sister companies to these Terms. In that case, “you” and “your” will refer to that organization, its parents, subsidiaries, and sister companies.
API and Content License
Subject to and conditional upon your compliance at all times with these Terms, TRAFI grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the API and to display Content on your site or inside your applications, with the following conditions:
- At every display of Content, you agree to place a suitable attribution to TRAFI, which are (a) the TRAFI logo and/or the phrase “powered by TRAFI” in letters, always in accordance with TRAFI Brand Guidelines and (b) a link to the TRAFI web page where the user can find more detail for that content, as provided by TRAFI (“Deep Link”). In addition, you will place any attribution for licensed content where our license agreements require us to do so (e.g. source referencing on mapping imagery).
- You will respect our relationships and our service, and follow any TRAFI instructions intended to improve these. You will not make excessive service calls that are not strictly required to answer the user’s direct requests. You will not attempt to circumvent or render ineffective any security measures, privacy features or geographical restrictions of the API. You will not cache, record, prefetch or otherwise store any Content or derivative works that include any Content and will not use retrieved Content to update or create your own database of transport related information, or allow others (including users) to do so. You will not transfer Content to unauthorised third parties.
- You will not associate, imply, or otherwise suggest an endorsement, tie-in, cobranding or promotion of any third party brand, service, website, product, or offering with TRAFI unless expressly permitted in writing by TRAFI. You will certainly not use or display the API or Content in any way that may create an association or promotion that can be seen as offensive, unlawful or disparaging, no matter how slim.
No software other than example source code is included with the API. You may use such example source code at your own risk.
Trademark license and use
We grant to you a paid-up, royalty-free, non-exclusive, worldwide license to use the TRAFI trademark, and you grant to us a paid-up, royalty-free, non-exclusive, worldwide right and license to use your brand name, logos, service marks and trademarks, for the limited purpose to promote our relationship, your implementation of the API and your usage of the Content, and to link to and direct users to your implementation and to the TRAFI web pages in accordance with the above. Any usage by either party of the brands or trademarks of the other party is subject to available Brand Guidelines and written approval unless prior written approval has been granted by the other party for a generic use pattern.
Costs and payment
Access to and use of the API are provided at no charge. However, we reserve the right to charge for access and/or use of the API in the future at our discretion. We will provide you with notice in the event we decide to start charging for use. Until we do you may not require payment of any kind by users for using the API or for accessing the Content.
Term and termination
This agreement begins on either (i) the date you demonstrate your acceptance of the Terms or (ii) when you first use the TRAFI API, and shall continue until terminated (the “Term”) as permitted under these Terms.
Compliance with the provisions of these Terms is very important. Any licenses contained in these Terms will terminate automatically and without notice if you fail to comply with them.
TRAFI may terminate this agreement by 30-day notice to you of termination. You may terminate this agreement by ceasing all use of the API and Content and notifying TRAFI.
Upon any termination, you must immediately cease any use of the API and delete all Content obtained through use of the API (including, without limitation, from your servers).
The above fully describes the intended working relationship. However, to accommodate our legal colleagues we need to include some more text:
- You represent, warrant and covenant that you have the legal capacity to enter into these terms, that you possess all authorizations, approvals, consents, licenses, permits, and other rights and permissions necessary to perform your obligations hereunder and that you own or have secured all rights necessary to copy, display, distribute, render, and publicly perform all content (other than Content) on or within your application or website.
- You agree that TRAFI may monitor your use of, and collect usage data related to, the TRAFI API to ensure quality, improve the TRAFI service and to verify your compliance with these terms. You agree not to block or interfere with such efforts and to provide us with reasonable access to information related to your compliance with these terms.
- TRAFI has no obligation to provide you or any users of your web sites or applications with support, software upgrades, enhancements, or modifications to the API or Content. You are solely responsible for providing user support and any other technical assistance to your users.
- These terms are a non-exclusive agreement. Please understand that TRAFI and/or other third parties (including other developers) may be developing and may develop products and services that may be similar to or competitive with your application, website or other products or services provided by you. Nothing in these Developer Terms shall in any way restrict or preclude TRAFI and/or such third parties from creating and fully exploiting such products, services or other business activities without any obligation to you.
- Both parties agree that these terms do not grant or confer to either party any rights or ownership to the trademarks or Intellectual Property (IP) of the other party. All goodwill generated through the use of such trademarks or IP is to the sole benefit of the owning party. Nether party parties will at any time contest or aid in contesting the validity or ownership of the trademark or IP of the other party, including, but not limited to, applying to register any trademark, trade name or other designation that is confusingly similar to the other party’s marks.
- If you provide TRAFI with any feedback (including suggestions, comments, improvements, ideas, etc.), you assign all right, title and interest in and to such feedback to TRAFI and acknowledge that we will be entitled to use, implement and exploit any such feedback in any manner without restriction, and without any obligation of confidentiality, attribution, accounting or compensation.
- Neither party may not assign or delegate any of the rights or obligations under these Terms, by operation of law or otherwise, without the prior written consent of the other party.
- Should for any reason, or to any extent, any provision of these terms be held invalid or unenforceable, such invalidity or enforceability shall not affect or render invalid or unenforceable the remaining provisions of these terms and the application of that provision shall be enforced to the extent permitted by law.
- ANY USE OF THE TRAFI API AND CONTENT IS AT YOUR OWN RISK. THE TRAFI API AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THERE IS NO WARRANTY, EXPRESSED OR IMPLIED, AS TO THE TRAFI API AND CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM TRAFI SHALL CREATE ANY WARRANTY ON BEHALF OF TRAFI IN THIS REGARD.
- TRAFI EXPRESSLY DISCLAIMS ANY WARRANTY THAT: (I) THE TRAFI API AND CONTENT WILL MEET ALL OF YOUR REQUIREMENTS; (II) THE OPERATION OF THE TRAFI API OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) THE TRAFI API AND CONTENT WILL PROVIDE RESULTS THAT ARE ACCURATE OR RELIABLE OR CONSISTENT WITH YOUR EXPECTATIONS.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRAFI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, ASSIGNS OR SUCCESSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE TRAFI API AND CONTENT, INCLUDING ANY DAMAGES RESULTING THEREFROM, REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE TRAFI API AND CONTENT IS TO STOP USING THE TRAFI API AND CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES REFERRED TO ABOVE (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES). ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE THAT TRAFI’S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO FIVE HUNDRED DOLLARS ($500).
- YOU SHALL INDEMNIFY AND HOLD TRAFI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, ASSIGNS OR SUCCESSORS HARMLESS FROM ANY CLAIM OR DEMAND (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES AND COSTS OF INVESTIGATION) MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF OR RELATED TO YOUR USE OF THE TRAFI API AND CONTENT OR YOUR VIOLATION OF THE TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAWS, REGULATIONS, OR THIRD PARTY RIGHTS
- This agreement is subject to and will be governed by English law and you agree that any dispute between you and TRAFI regarding the API or otherwise in connection with the terms will only be dealt with by the English courts. These Terms were drafted in English and the English-language version shall control in the event of a conflict with any translated version.
Limitation of liability: