SmartProfiles terms and conditions
Parties of the Agreement
This agreement (“Agreement”) is made between:
Leiki Ltd (“Leiki): owner and creator of SmartProfiles API and services (“SmartProfiles “), SmartProfiles.net and Leiki.com; and You (“You”, “Your”).
Intellectual Property Rights
Leiki owns or has a license to all right, title and interest including the Intellectual Property Rights in and to SmartProfiles and modifications of SmartProfiles done by Leiki except for possible rights of third parties, from which Leiki has obtained the rights. You agree not to use, copy or assign SmartProfiles in any other way except what has been agreed in this contract.
Please note that Leiki does not claim copyright or license for any submitted content.
Leiki will provide You with an API Access Key that will enable You to access SmartProfiles. Your use of this API Access Key is governed by the terms of this agreement. Your API Access Key should be considered private information and should not be provided to any person. Failure to abide by these terms may result in the termination of Your access to SmartProfiles.
You agree that You will not:
(i) Access or reverse engineer SmartProfiles in order to build a competitive product or service, build a product using similar ideas, features, or functions of the Service, or copy any ideas, features, or functions of SmartProfiles;
(ii) Utilize the information provided by SmartProfiles to create a service similar to SmartProfiles, including but not limited to: text analysis services, meta-data extraction, retrieval, or entity extraction services, and content categorization services;
(iii) Publish or perform any benchmark or performance tests or analysis relating to SmartProfiles or the use thereof without express authorization from Leiki;
(iv) Republish information provided by SmartProfiles in a bulk format;
(v) Use SmartProfiles to reproduce copyrighted materials;
(vi) Make SmartProfiles available over a network (other than SmartProfiles’s network) where it could be used by others;
(vii) Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on SmartProfiles, features or ideas from SmartProfiles, or any portion of them;
(viii) Create or use multiple SmartProfiles keys;
(ix) Circumvent any technology used by SmartProfiles or its licensors to protect information accessible via SmartProfiles;
(x) Utilize or enable a third party to utilize SmartProfiles via any means that bypasses this agreement or the SmartProfiles API Key registration process, including but not limited to: proxy servers, spiders, scraping robots, or other technology;
(xi) Sell, rent, lease, transfer, or sublicense any of SmartProfiles;
(xii) Distribute, facilitate, or enable access to SmartProfiles Services in any manner deemed by SmartProfiles in its sole discretion to be objectionable or harmful to the business or reputation of SmartProfiles;
(xiii) Use SmartProfiles in conjunction with deep packet inspection and/or any form of network surveillance technology;
(xiv) Use SmartProfiles to monitor Internet and/or other telecommunications traffic; or
(xv) Use SmartProfiles in any way that violates the terms of this Agreement
When using SmartProfiles, or content generated via the SmartProfiles, for any purpose, You agree
(i) Display the Leiki logo within the website or application that shows results generated using SmartProfiles;
(ii) Provide a clickable hyperlink to www.smartprofiles.net with the text “Text Analysis by Leiki SmartProfiles” within Your website or application; and
(iii) Provide attribution to Leiki SmartProfiles within any published works that are based on or mention SmartProfiles, or content generated by SmartProfiles, including but not limited to research papers and journal articles.
(iv) Provide attribution to SmartProfiles within all web pages or documents where SmartProfiles content and/or API results are used or displayed.
This site, the materials, data, and the services are provided on an “as is” basis without warranties of any kind, either express or implied. You expressly agree that use of this site, including all content or data distributed by, downloaded or accessed from or through this service, is at Your sole risk. Leiki disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, materials, and content on the site. Leiki does not represent or warrant that materials in this site are accurate, complete, reliable, current, or error-free.
Leiki has the right (though not the obligation) to, in Leiki’s sole discretion:
(a) refuse to provide SmartProfiles to You, if it in Leiki’s reasonable opinion violates this agreement or is in any way harmful or objectionable, or;
(b) immediately terminate or deny access to and use of SmartProfiles to any individual or entity for any reason, at Leiki’s sole discretion.
Limitation of Liability
In no event shall Leiki, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of SmartProfiles.
During and after the term of the Agreement, with respect to any of SmartProfiles that You elect to use, You will not assert, nor will You authorize, assist, or encourage any third party to assert, against Leiki or any of Leiki’s customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of Leiki), licensors, sublicensees or transferees, any patent infringement or other intellectual property infringement claim with respect to such Services.
The Agreement will be interpreted according to its purpose. No clause of the Agreement can be interpreted separated from the context of the whole Agreement and possible appendices.
Leiki shall not be liable for any delay or non-performance of its obligations hereunder in the event and to the extent that such delay or non-performance is due to an event of Force Majeure.
Events of Force Majeure are events beyond Leiki’s control and which were not reasonably foreseeable at the time of signing of this Agreement and whose effects are not capable of being overcome without unreasonable expense and/or loss of time. Events of Force Majeure shall include (without being limited to) natural disasters, fire, explosions, significant failure of a portion of the power grid, significant failure of the Internet, war, acts of government, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
This Agreement is covered by Finnish law. By using the Services, You agree that the laws of Finland, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between You and Leiki.