Terms of Service
Effective Date: January 21, 2025
Legal Notice
These Terms of Service are governed by the laws of India. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.
Please read these Terms of Service ("Terms") carefully before using the BlinkAPI platform and services (the "Services"). By accessing or using the Services, you agree to be bound by these Terms and all applicable laws and regulations.
1. Agreement to Terms
These Terms constitute a legally binding agreement between you and BlinkAPI ("we," "our," or "us"). If you do not agree to these Terms, you may not access or use the Services. By using the Services, you represent that you have the authority to accept these Terms on behalf of yourself or any entity you represent.
2. Eligibility and Account Creation
To use the Services, you must be at least 18 years old and have the legal capacity to enter into these Terms. You are responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account. This includes promptly notifying us of any unauthorized access or security breaches and ensuring your account information remains accurate and up-to-date.
3. Service Usage and Restrictions
You agree to use the Services only for lawful purposes and in accordance with these Terms. The Services must not be used to violate any applicable laws, interfere with or disrupt the Services or servers, attempt unauthorized access, or transmit harmful code or malware. Your use of our APIs is subject to documented rate limits and quotas, and you must implement proper error handling and security measures.
4. Function Code and Intellectual Property
You retain all rights to the function code and content you create, upload, or process through the Services. You grant us a limited license to host, store, and provide access to your content as necessary to provide the Services. Your function code must not infringe on intellectual property rights, contain malicious components, or violate any applicable laws.
5. Fees and Payment
You agree to pay all applicable fees according to your selected pricing plan. Fees are billed in advance for subscription services, are non-refundable except as required by law, and are subject to applicable taxes. We may modify pricing with 30 days' notice. A valid payment method is required for paid services, and services automatically renew unless cancelled. Late payments may result in service suspension.
6. Service Level Agreement
We strive to maintain 99.9% uptime for our Services, excluding scheduled maintenance windows, force majeure events, and third-party service provider outages. We provide technical support during business hours, emergency support for critical issues, and regular platform updates. Advance notice will be given for scheduled maintenance.
7. Term and Termination
These Terms remain in effect until terminated by either party. You may terminate by discontinuing use of the Services and closing your account. We may terminate or suspend your access for violations of these Terms, fraudulent activity, non-payment, or extended inactivity. Upon termination, access to the Services will cease, outstanding fees become due, and you must delete any API credentials. You may export your data within 30 days of termination.
8. Warranties and Disclaimers
We warrant that the Services will perform substantially in accordance with our documentation. However, the Services are provided "AS IS" and "AS AVAILABLE" without any warranty of any kind, express or implied. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
9. Limitation of Liability
In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses. This includes damages resulting from your use or inability to use the Services, unauthorized access to your data, or any interruption or cessation of transmission.
10. Indemnification
You agree to indemnify and hold harmless BlinkAPI and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, your content or function code, or violation of any third-party rights.
11. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be filed exclusively in the courts located in Mumbai, India. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action or proceeding.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction in Mumbai, India, the remaining provisions shall remain in full force and effect.
12. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes through the Services or via email. Your continued use of the Services after such modifications constitutes your acceptance of the modified Terms.
13. Contact Information
For questions about these Terms, please contact us at:
Email: legal@blinkapi.io
These Terms of Service were last updated on January 21, 2025. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.
All rights reserved. These terms are subject to the jurisdiction of Mumbai, India.
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