Eight Things You Really Need to Read
- If you’re a startup, we want to help. Currently, you can use up to 5,000 calls per day for free – if you need more than that and can’t afford it, contact us and we’ll consider raising your limit.
- Your company may receive multiple keys but your calls will be calculated on an aggregate basis by your company. In other words, registering four people at the same company will still limit you to 5,000 calls/day for free. Please do not try to game the system – we always find out in the end and it won’t look good for you.
- You may not spam, harass, or use our API in any way to communicate with any person who has not expressly opted in to use the Whit.li API.
- You must refresh each user’s Vector Set at least once every three days. This is for two reasons: 1) if your user changes their privacy settings both of us should be compliant; and, 2) your users’ data is constantly changing. Therefore you should always be using the freshest results possible for your app.
- Attribution. When applicable, this means we want our logo visually associated with your user when you use their Vector Set in any way. Please conform to the style guide for logo sizes. View our style guide.
- You may not use the Whit.li API to connect users of your site for anything that resembles online dating or anything we deem unsuitable in our sole discretion.
The Entire Agreement
- License. Subject to full compliance with the terms of this Agreement, Whit.li hereby grants you a limited, non-sublicensable, non-transferable, royalty-free, nonexclusive license to use its API solely to utilize the information provided by the API with software applications (“Applications”). Whit.li reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on its website (located at http://developer.whit.li), or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the API following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
- Vector Sets. In connection with your use of the API, Whit.li will send you a Vector Set associated with each user of your Application. You shall refresh the Vector Set for each user at least every three (3) calendar days. For the avoidance of doubt, each Vector Set is part of the API. Whit.li retains all right, title, and interest in each Vector Set, and your use of each Vector Set is limited to as set forth herein. You may not use each Vector Set other than in connection with the API and your Application.
- User Data. You shall obtain any and all consents necessary from users of your Applications for Whit.li to provide you its services through the API. This includes, without limitation, allowing the API to access any information or data of the user (“User Data”) in order to scan such user’s profile information. You hereby grant Whit.li a worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such User Data (including all related intellectual property rights) in connection with Whit.li’s (and its successors’ and assigns’) business, including without limitation to store such User Data, use such User Data to improve Whit.li’s services, and to contact the user to which such User Data relates.
- You shall not use the API in connection with Applications in the following categories: online dating, pornography, illicit drugs or firearms, and any other categories Whit.li deems objectionable, as determined in Whit.li’s sole and absolute discretion.
- You shall not use the API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights to personality or to engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any regulations having the force of law (including but not limited to exportation laws).
- You shall not attempt to circumvent any security measure or technical limitations of the API, or, if applicable, decompile, reverse engineer, or otherwise attempt to gain access to any aspect of the API to which you are not authorized.
- You shall not use the API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.
- You shall not sell, disclose, lease, or sublicense the API, any Vector Sets, or any information derived from either, to any third party without prior written consent from Whit.li.
- You shall not modify, decompile, extend, subset or superset the API or otherwise alter the API.
- You shall not disparage Whit.li or knowingly tarnish the name reputation, image or goodwill of Whit.li in connection with your Application or your use of the API.
- Attribution. In some cases, we may require that you display attribution on your Application. If we do, we shall do so in accordance with the Style Guide set forth on Exhibit A.
- Registration. You shall provide accurate, current, and complete information about you as may be requested by Whit.li during registration or from time-to-time (“Registration Information”). You are solely responsible for maintaining the security of your password and identification, as well as in any systems or software you use in connection with the API or your Application. You represent and warrant that your networks, operating systems and software are properly configured to Internet industry standards, including but not limited to security standards.
- Fees. Initial access to the Whit.li API is free of charge, although Call volume is capped at 5,000 Calls per day. Customers requiring Call volume in excess of 5,000 Calls in any given day will be required to enter into a purchase agreement for a specified number of calls on a rolling month-to-month basis.
- Fee Calculation. Unless otherwise specified, Customer shall pay a fee in the amount specified on the applicable Order Form for each of the Calls it receives. Customer agrees that Whit.li's calculation of the Calls is final.
- Payment Terms. The Customer shall pay the applicable fee to Whit.li on the Payment Terms specified on the applicable Order Form. All prices and fees are stated in, and all payments shall be made in, U.S. dollars unless otherwise specified in the applicable Order Form. All sums payable under this Agreement are exclusive of duties, and other sales taxes (if applicable), for which Customer shall be responsible.
- Overdue Charges. If any charges are not received from Customer by the due date, then Whit.li may charge Customer interest on the overdue amount at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid.
- Suspension of Service and Acceleration. If the amount owing by Customer under any Order Form is thirty (30) or more days overdue, Whit.li may, without limiting its other rights and remedies, accelerate Customer's unpaid fee obligations for the then-current term so that all such obligations become immediately due and payable, and suspend access to the Service until such amounts are paid in full.
- Indemnity. You agree to hold harmless and indemnify Whit.li, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users' use of the API or any breach of your obligations under this Agreement, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
- DISCLAIMER. WHIT.LI PROVIDES THE API "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL LICENSEE BE LIABLE TO WHIT.LI OR WHIT.LI OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE. WHIT.LI’S LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO $100. THE FOREGOING WILL NOT APPLY TO DAMAGES FOR BODILY INJURY THAT, UNDER APPLICABLE LAW, CANNOT BE SO LIMITED. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE APPLICABLE PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
- Monitoring and Limits. Whit.li reserves the right to monitor your use of the API, impose limits on certain features and services of the API, to limit the number of calls you may make to the API, and to limit or terminate your access to and use of the API for any or no reason, without notice or liability.
- Termination. Whit.li may change, suspend or discontinue the API at any time for any reason, without notice. You may also terminate by ceasing to use the API, removing implementation of the API from your Application, and deleting all copies of the API and any associated documentation, materials, and information.
- This Agreement represents the complete agreement concerning the subject matter hereof between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Whit.li to act with respect to a breach of this Agreement by Licensee or others does not constitute a waiver and shall not limit Whit.li’s rights with respect to such breach or any subsequent breaches. This Agreement is personal to Licensee and may not be assigned or transferred for any reason whatsoever without Whit.li’s consent and any action or conduct in violation of the foregoing shall be void and without effect. Whit.li expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in Santa Clara County, California; Licensee hereby agrees to service of process in accordance with the rules of such courts. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees.
Exhibit A: Style Guide
You can download the Whit.li Style Guide, which contains the Whit.li logo, symbol and colors, in any of three formats: