YouMail Data API Terms of Use

YouMail’s API for access to phone number data (“YouMail Data API”) is a collection of application program interfaces available for developers and other service providers for the purpose of building and/or extending services requiring telephony data, in accordance with YouMail’s Data API Terms of Use set forth below (“Data API Terms of Use”).

These are the terms under which YouMail makes the YouMail Data API available for use. By your use of the YouMail API, you and your organization (if any) agree to be bound by the API Terms of Use (also called this “agreement”).


YouMail Data API.

 

The YouMail API allows any developer who has signed up for a YouMail account to query YouMail for information about a provided phone number, including the name YouMail has determined to most likely be the name of the holder of that phone number, and a spam score, which is the probability YouMail has determined an incoming call or text from that number would be unwanted.

 

YouMail may in its sole discretion and at any time release new or revised versions of the YouMail Data API that provide different and/or additional information about a phone number or that are not be backwards compatible, and YouMail may require you to obtain and use the most recent version in order to use the license.

 

License.

 

YouMail grants you a nonexclusive limited license to use the YouMail Data API subject at all times to the terms and restrictions set forth below. No intellectual property right or license to use the same is granted with respect to any patent, copyright, trade secret, trademark, or any other right relating to the YouMail Data API. There are no implied licenses or rights granted to you under these Data API Terms of Use (or otherwise), and any and all rights and interests not expressly and specifically granted to you hereby are reserved to YouMail.

 

Primary Restrictions

 

Your use of the YouMail Data API is subject to the following limitations:

You will be given a unique ID (the “Data API Key”) that identifies you to the YouMail Data API, and you must use that unique ID to access the YouMail Data API. You must keep such ID confidential and must not share it with any third party.


You must provide true and correct information about yourself when you create the YouMail account for which we provide a Data API key. This includes name, organization, and contact information including your phone number and address.


You may not cache the results of any Data API query, without express written permission from YouMail and an explicit commercial agreement that allows doing so. Each retrieval of API data for a given phone number may only be used immediately within an application, such as to show a single user a warning that incoming caller might be spammer, to block that individual phone call, to allow a user to block that calls from that number. It is expressly a violation to store information retrieved from YouMail’s data API to avoid making further calls to YouMail’s Data API for that phone number.


You may not otherwise use or distribute the YouMail Data API, and you may not reproduce, modify, or reverse engineer the YouMail Data API or any portion thereof.

 

You shall not use the YouMail Data API or the YouMail Data in any way that would (a) conflict with or violate the YouMail Terms of Service (which may be currently be found at www.youmail.com/termsofuse.html) , (b) violate any law, rule or regulation of any jurisdiction, (b ) violate any right of any third party, (c) harm YouMail, its partners, your end users, or any other person, including, without limitation, in connection with any form of spyware, malware, or other malicious program or code, (d) or may be deemed libelous or defamatory, or (e) in any way be discriminatory.

 

You must not to use the YouMail Data API in any way that competes with YouMail, as determined by YouMail in its sole discretion.

 

You must notify YouMail promptly should you become aware that any user of your implementation is in material breach of any of these API Terms of Use, or the YouMail Terms of Use. Further you will take corrective action at your sole expense to seek equitable relief (including an injunction against such user or users), unless, at the request of YouMail, you assign all your rights and claims to YouMail so that YouMail may seek equitable relief. Your obligations to report and enforce the terms of these API Terms of Use and the YouMail Terms of Use will survive termination thereof indefinitely.

 

YouMail is under no obligation to provide you with any support for the YouMail Data API.

 

You shall not distribute, sublicense, assign, or otherwise transfer the YouMail DataaAPI or this license, whether by operation by law or otherwise.

 

You shall promptly comply with any and all other limitations upon your use of the YouMail API by YouMail.


Charging

 

YouMail charges for each query to the Data API, after a limited set of free queries, provided YouMail is able to successfully return a name and/or Spam Score for a given query. YouMail will charge in advance for a specified number of queries, chosen by the developer, with that charge billed to the credit card on file, and based on the standard pricing available on the YouMail data web site. There will be no refunds after such charge is made.

 

YouMail reserves the right to negotiate and charge specific commercial agreements with different prices and billing arrangements based specific negotiated deals with Data API users based on volume, data provided to YouMail, and other factors as may be appropriate.

 

Limited Relationship

 

You and YouMail are independent contractors, and nothing in these Data API Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture with YouMail, any YouMail Affiliate, or any other person or entity. While you may publicly refer to the fact that you have implemented the YouMail Data API, you agree not make any other or more expansive statement.

 

Indemnity.

 

You agree to hold harmless and indemnify YouMail, and its subsidiaries, affiliates, officers, agents, accountants, attorneys, consultants, directors, employees and suppliers (each a “YouMail Affiliate”), from and against any third-party claim or action arising from or in any way related to this agreement or your or your users' use or implementation of the YouMail Data API or YouMail Data, including, without limitation, any liability or expense incurred or arising out of or in any way related to any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

 

No Warranty.

 

YOUMAIL PROVIDES THE SERVICES IN THIS AGREEMENT "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUMAIL MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. YOUMAIL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

 

Liability Limitation; Exclusive Remedy.

 

IN NO EVENT WILL YOUMAIL OR ANY YOUMAIL AFFILIATE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE (OR INTERRUPTIONS OF BUSINESS), LOST SAVINGS, LOST OPPORTUNITIES OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE API TERMS OF USE OR YOUR USE (OR YOUR USERS’ USE) OF ANY YOUMAIL API OR YOUMAIL DATA, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 9 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE API TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST YOUMAIL OR ANY YOUMAIL AFFILIATE WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE YOUMAIL API.

 

Changes and Termination at Sole Discretion of YouMail.

 

Notwithstanding any other provision of this Agreement or any approval or license granted by YouMail at any time in accordance with this Agreement:

 

(a) YouMail reserves the right to change these Data API Terms of Use at its sole discretion, and you are responsible for regularly reviewing these Data API Terms of Use to identify any such change. Your continued use of the YouMail Data API after the effective date of any and all such changes constitutes acceptance of, and agreement to, any such changes.

 

(b) YouMail may suspend or discontinue the Services to you and/or to others, at its sole discretion, without notice and at any time, and for any reason or for no reason. Without limiting the foregoing, YouMail may change, suspend or discontinue the YouMail Data API and may suspend or terminate your use of the YouMail Data API, in each case at its sole discretion, without notice and at any time, and for any reason or for no reason. You may terminate under this Agreement by sending written notice to YouMail certifying that (i) you have done all of the following in full and at approximately the same time and (ii) that you shall not change any such status: (a) ceased to use the YouMail Data API, (b) removed all implementations of the YouMail Data API from your Web site(s) or Applications[, and (c) permanently deleted all copies of YouMail Data, if any, from your servers or records.

 

Notices.

 

All notices or other communications required or permitted to be delivered to any party under this Agreement shall be in writing and shall be sent by registered or certified mail, by courier or express delivery service, return-receipt requested, addressed or sent: (a) if to YouMail: YouMail, Inc., 43 Corporate Park, Suite 200, Irvine, CA, 92606, Attention: Legal Department, and (b) if to you, by email to the email address you have on file with YouMail. Questions regarding this Agreement or any matter relating hereto should be sent to YouMail by email to data@youmail.com or by calling YouMail on 800-374-0013.

 

12. Authority; Interpretation; Amendment; Waiver; Severability.

 

You represent that you have the authority to bind the organization (if any) identified in your YouMail account for the YouMail Data API. You agree not to export from anywhere any part of the YouMail Data API, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. No provision of this Agreement or any exhibit or annex hereto shall be construed strictly against any party hereto, including, without limitation, the drafter hereof or thereof. Neither this Agreement nor any provision hereof may be amended, waived or modified in any way other than by a writing executed by the party against whom such amendment, waiver or modification would be enforced. No failure to exercise, and no delay in exercising and no course of dealing with respect to any right hereunder shall operate as a waiver thereof. Nor shall a waiver by any party hereto of a breach of any provision herein be deemed a waiver of any subsequent breach. The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies. The headings or titles of the several sections of this Agreement are inserted solely for convenience and are not a part of, nor shall they be used or referred to in the construction of, any provision of this Agreement. Words in the singular number shall include the plural, and vice versa. Whenever examples are used in this Agreement with the words “including,” “for example,” “any,” “e.g.,” “such as,” “etc.” or any derivation thereof, such examples are intended to be illustrative and not in limitation thereof. All references to the masculine, feminine or neuter genders shall mean and include all genders. In case any one or more of the provisions contained in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, any such provision(s) shall be severed, and such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or any action in any other jurisdiction. Moreover, if one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad or unreasonable as to the period, scope or geographical area so as to be unenforceable at law, such provision or provisions shall be modified or substituted by the appropriate judicial body so as to cover the maximum period, scope or geographical area permitted by applicable law.

 

13. Entire Agreement.

 

Except as expressly and specifically stated herein, these Data API Terms of Use (and this Agreement) constitute the entire agreement between you and YouMail concerning the subject matter hereof and supersedes any and all prior agreements, representations, statements, negotiations, understandings, proposals, diagrams, charts, illustrations or undertakings, oral or written, with respect to the subject matter expressly set forth herein.

 

14. Force Majeure.

 

YouMail shall not be responsible for any failure to perform any obligation or provide any access or service (including, without limitation, any Service) due in whole or in part to (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, in any such case which are being experienced by providers of telecommunications services generally and not targeted or directed at YouMail specifically, or (d) other similar force beyond YouMail’s reasonable control.

 

15. Successors and Assigns; Further Assurances.

 

The provisions of this Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of YouMail. This Agreement is personal to Affiliate, and may not be assigned or transferred to any party. Each party hereto shall execute and/or cause to be delivered to each other party hereto such instruments and other documents, and shall take such other actions, as such other party may reasonably request for the purpose of carrying out or evidencing any of the provisions of this Agreement or any of the actions contemplated thereby.

 

16. Expenses; Attorneys’ Fees.

 

Each party shall pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery and performance of this Agreement. If any legal action or other legal proceeding (including arbitration) relating to the transactions under this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, each party shall pay its own fees for attorneys’ fees, costs and disbursements of outside legal counsel except with respect to such fees, costs and disbursements as are incurred in connection with successful enforcement of YouMail’s rights under Section 7.

 

17. Choice of Law; Venue.

 

This Agreement is to be construed in accordance with and governed by the internal laws of the State of California without giving effect to choice of law. Any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement shall be brought or otherwise commenced or maintained exclusively in a state or federal court located in the City of Los Angeles. Each of the parties specifically consents to the exercise of personal jurisdiction over it for this purpose and waive any objection based on improper venue or inconvenient forum.