Thank you for developing on the Cargly Platform! By using the Cargly Developer Platform, or otherwise making available any software that makes use of the any Cargly API (“Developing on Cargly”), you agree to be bound by these terms and conditions (the “Developer Terms”) as well as Cargly’s standard Terms of Service (http://www.cargly.com/terms). This agreement governs your access to the Cargly API service, the Developer Console, the platform’s documentation, the Platform SDK, app keys, and access tokens (the “Developer Platform”).
Read these terms carefully before developing on the Cargly Platform. You should review these terms regularly and if at any time you do not agree to the terms you must stop participating in the Program and cease use of your Developer Account immediately.
By accepting these terms you are declaring to be of legal age to form a binding contract and have full power, capacity, and authority to accept these Terms. If you are developing on the Cargly Platform on behalf of an organization, you represent and warrant that you are authorized to that company or firm to the terms set forth in this Agreement. You also confirm that all information that you have provided in connection with this Agreement is complete and correct.
In order to develop apps on the Cargly Platform, you are required to be registered with a special account (the “Developer Account”) on the Cargly.com site. You are responsible for maintaining the confidentiality of the Developer Account password, ensuring your contact information is correct and up-to-date, and are solely responsible for activity that occurs under the account. In the event that your account is compromised or used in an unauthorized manner in any way, you must notify Cargly immediately.
There is no application process in order to gain access to the Cargly Platform. However, we reserve the right to disallow access to the Cargly platform to any developer or developer application for any reason, but especially if we believe these terms have been violated.
Cargly is not liable for any loss or damage that might arise from the use the Developer Account.
A Developer App is created within the Developer Console once a Developer Account has been created. An application consists of the following:
a) Application title
b) Application description
A generated application ID that uniquely identifies your application.
b) A generated application secret that is used to authenticate your app to the Platform when no user is logged in. This secret must be protected and never distributed as part of any piece of client software (e.g. native mobile app).
c) A developer specified redirect URL that specifies the redirect destination as part of an OAuth flow. This is used with the Platform’s JavaScript API.
There is no approval process for applications to begin accessing the Cargly Platform. However, we reserve the right to disallow access to the Cargly Platform to any application for any reason, but especially is we believe these terms have been violated.
Cargly will provide a convenient location within the Cargly website where users can find developer applications. Any app listed in this application directory must be reviewed to comply with our application guidelines.
Our Developer Platform is a work in progress. Please report any issues and always send us requests for data you would like to see made available. The Platform will continue to change over time as we strive to improve it for our users and developers. Unfortunately, we must reserve the right to make any changes we deem necessary, even changes that may be incompatible with existing developer applications.
We may at times review the use of the Platform to ensure its proper functioning and availability to all our users, but you acknowledge that we are under absolutely no obligation to do so. We are not responsible for any information accessible through the Platform including any files or user posts in forums or elsewhere.
We may limit the number of calls an application can make if we believe the number of calls may adversely affect the Platform. If you believe your application may result in more than 10,000 calls per day, please contact us.
An app built on the Cargly Platform should enhance the user’s experience. With that in mind, please observe the following guidelines:
a) your application must not contain any explicit material
b) your application must not surprise, mislead, or confuse users
c) your application must not store or share any user information without their permission
d) if your application exports Cargly Platform information into another system, it must also provide the ability to import information from the other system into the Cargly Platform.
e) if your application caches information that is also available within the Cargly Platform, if the data is modified, your App must update the information by calling the necessary Platform APIs to make sure the information within the Platform is current. This way the information is available to other applications and uses.
If you collect any personally identifiable information through your app, you must comply with any and all applicable laws when doing so. You must comply with your privacy policy and take reasonable measures to protect personally identifiable information.
We are always looking for ways to improve the Platform. We reserve the right to incorporate functionality into the Platform derived from any feedback provided by users or developers without any obligation to you.
We hereby grant a non-exclusive, non-transferable, fully-revocable license to use the Cargly name and the phrase “Connect with Cargly”. You agee that except for the limited use above, these Terms do not grant you any right to any Cargly Trademarks.
You grant us a non-exclusive, non-transferable license to use your Marks and any descriptive material you publish about our app for the sole purpose of promoting your Cargly Platform App. We agree that except for this limited use, these Terms do not grant us any rights to your Marks.
THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CARGLY, ITS EMPLOYEES, DIRECTORS, AND PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE: (1) AVAILABLE OR SECURE, (2) RELIABLE OR CORRECT, (3) THE SERVICE WILL MEET YOUR REQUIREMENTS, (4) THAT ANY DEFECT OR ERRORS WILL BE CORRECTED, (5) OR THAT THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that you are solely responsible for all of your action in connection with Cargly. You agree to defend, indemnify, and and hold harmless Cargly, its employees, directors, contractors, affiliates, and representatives from and against any and all liabilities, claims, expenses, including but not limited to reasonable attorney’s fees arising from (i) your use or misuse of the Service, or (ii) your access to to any part of the Service, or (iii) your violation of any term of this Agreement.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL CARGLY, ITS EMPLOYEES, DIRECTORS, CONTRACTORS, AFFILIATES, OR PARTNERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF SOURCE OF ORIGINATION), OR (III) FOR ANY DAMAGES IN EXCESS (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Cargly may terminate your access to all or part of the Service, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service. Sections 7, 8, and 9 shall survive termination. Other provisions of these Terms of Use which by their nature should survive termination shall also survive termination.
This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between you and Cargly. The Agreement replaces any contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provisions of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of the Agreement shall remain in full force and effect and enforceable. These Terms of User are personal to you, and are not assignable, transferable, or sublicensable by except with Cargly’s prior written consent. Cargly shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Cargly’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. No agency, partnership, employment, or joint venture is created as a result of this agreement and the user does not have any authority of any kind to bind Cargly in any respect whatsoever.