These Terms of Service ("Terms") govern access to and use of the Dividia ScaleWatcher application programming interface and related documentation (the "API"). By accessing or using the API, and by confirming acceptance as described in Section 14, you agree to these Terms. If you do not agree, do not access or use the API.
- "Dividia," "we," "us," or "our" means Dividia Technologies, LLC and its affiliates. - "API" means the Dividia ScaleWatcher application programming interface made available at api.cloud.dividia.net/sw/api (and successor endpoints), together with the accompanying Documentation. - "Documentation" means the technical documentation Dividia publishes for the API, including the reference at dividia.net/api. - "Customer" means the ScaleWatcher account holder on whose behalf the API is accessed and to whom API access has been granted. - "Integrator," "you," or "your" means the person or entity that accesses or uses the API, including the Customer and any developer acting on the Customer's behalf. - "API Credentials" means the authentication credentials (account credentials, bearer tokens, and any API keys) used to access the API. - "Site" means a ScaleWatcher installation (identified by serial) that the Customer is authorized to access. - "Data" means the transaction, event, alert, image, and related records made available through the API for the Customer's authorized Sites.
Subject to your continuous compliance with these Terms, Dividia grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the API solely to retrieve and use Data for the Customer's authorized Sites for the Customer's own internal business purposes. No rights are granted except as expressly stated in these Terms. Dividia and its licensors retain all right, title, and interest in and to the API, the Documentation, and all related intellectual property. As between the parties, Data relating to a Site belongs to the Customer/Site owner; your right to use Data obtained through the API is limited to the purposes permitted by these Terms.
You will not, and will not permit any third party to:
- access or use the API other than through the documented interfaces, or in excess of the rate limits and quotas described in the Documentation; - scrape, harvest, or bulk-extract Data other than as the API is designed to provide it, or resell, redistribute, sublicense, or otherwise make raw Data available to any third party; - use the API or Data to build, train, or operate a product or service that competes with Dividia or ScaleWatcher, or to benchmark for a competing product; - reverse engineer, decompile, or attempt to discover the source code or underlying structure of the API except to the extent this restriction is prohibited by applicable law; - use the API to circumvent, disable, or interfere with any ScaleWatcher licensing, security, authentication, or rate-limiting mechanism; - share, sell, or transfer API Credentials, or create accounts or credentials by automated means; - introduce malware, attempt unauthorized access to any system or data, or interfere with or disrupt the integrity or performance of the API; or - remove, obscure, or alter any proprietary notices.
You are responsible for maintaining the confidentiality of your API Credentials and for all activity that occurs under them. You will keep API Credentials secure, will not embed them in publicly accessible locations, and will not share them outside your authorized use. You will notify Dividia promptly at the contact below if you suspect any loss, theft, or unauthorized use of API Credentials. Dividia may suspend or rotate credentials it reasonably believes have been compromised.
Access to the API is subject to the rate limits, quotas, and pagination limits described in the Documentation. The API returns rate-limit headers so you can pace your requests. Dividia may throttle, suspend, or limit access that exceeds those limits or that, in Dividia's reasonable judgment, is abusive, excessive, or degrades the API for other users, including patterns beyond the documented caps.
Dividia processes Site data on behalf of Site owners. You are responsible for your own handling of any Data you obtain through the API, including compliance with all laws applicable to your use of that Data (which may include the Texas Data Privacy and Security Act, the California Consumer Privacy Act, and the EU General Data Protection Regulation to the extent any of them apply to your activities). You will not use Data in any manner that violates applicable law or the privacy rights of any individual, and you will implement reasonable safeguards appropriate to the sensitivity of the Data you retrieve.
The API is provided on a best-effort basis. Dividia does not offer or guarantee any service level for this version of the API and may perform maintenance, and may modify, suspend, or limit the availability of the API or any of its features, at any time and without liability. Customers requiring specific availability commitments should contact Dividia.
Dividia may update, change, or discontinue the API or any of its features. For changes that Dividia identifies as breaking, Dividia will provide reasonable advance notice consistent with the versioning and deprecation policy described in the Documentation. Your continued use of the API after a change takes effect constitutes acceptance of the change.
Dividia may suspend or terminate your access to the API, in whole or in part, with or without notice, if you breach these Terms, if your use poses a security or operational risk, if required by law, or if the Customer's underlying ScaleWatcher entitlement ends. You may stop using the API at any time. On termination, the license in Section 2 ends and you must cease using the API; Sections that by their nature should survive (including Sections 1, 3, 6, 10, 11, 12, and 13) survive termination. Suspension or termination of API access does not by itself affect the Customer's separate ScaleWatcher account or its access to its own Data through other supported means.
You will defend, indemnify, and hold harmless Dividia and its affiliates, and their officers, directors, employees, and agents, from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the API or Data; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) content or data you submit, store, or transmit through the API.
Disclaimer. THE API, THE DOCUMENTATION, AND ALL DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIVIDIA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE API WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT DATA WILL BE ACCURATE OR COMPLETE.
Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIVIDIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE API OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DIVIDIA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE API OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100), OR, IF GREATER, THE TOTAL AMOUNTS YOU PAID DIVIDIA FOR API ACCESS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN. SOME JURISDICTIONS DO NOT ALLOW CERTAIN OF THESE EXCLUSIONS OR LIMITATIONS, SO SOME MAY NOT APPLY TO YOU.
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The exclusive venue for any dispute arising out of or related to these Terms or the API will be the state or federal courts located in Tarrant County (Fort Worth), Texas, and each party consents to the personal jurisdiction of those courts.
Dividia may modify these Terms from time to time. For material changes, Dividia will provide at least thirty (30) days' notice by email and by updating this page with a new effective date. Your continued use of the API after the effective date of a change constitutes acceptance of the modified Terms. If you do not agree to a change, you must stop using the API before it takes effect.
Before making your first API call, you must confirm acceptance of these Terms by replying to your API activation email as instructed (a click-to-accept flow will replace the email confirmation in a future release). Accessing or using the API also constitutes acceptance of these Terms then in effect.
Questions about these Terms or to report a security concern: support@dividia.net · 866-348-4342.