API Terms of Use
HiBob API Terms
These API Terms of Use (“API Terms”, “Terms”) comprise a legal agreement between Hi Bob Ltd. and its subsidiaries (collectively, “HiBob”, “we”, “us”) and you (“You”, each shall be referred herein as a “Party”, and together the “Parties”), and describe the rules developers must follow when accessing or integrating the HiBob application programming interfaces (“APIs”). Any application you integrate with the APIs is an “Integrated App” and shall be bound by these Terms and, to the extent applicable, any separate agreement the Parties may have signed.
BY USING ANY HIBOB API, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE API TERMS.
- Legal Agreement. Your use of the APIs is subject to these API Terms, which are an integral part of HiBob’s policies. We may make changes to these Terms and we recommend you review the Terms regularly. Changes made shall be effective immediately. Your continued use of the APIs shall confirm your consent to the updated Terms. If there is any contradiction between these API Terms and any other HiBob policy, these API Terms will take precedence with respect to the contradicting terms, but solely regarding any use of the APIs..
If you would like to become an official partner of HiBob, please contact [email protected], or submit a “Become a partner” form on our website, at https://www.hibob.com/partner/ - Authorized Representative. If you use the APIs on behalf of a place of business, you warrant that you have the official authority to bind that business to the API Terms.
- Getting Started. For details, documentation and tutorials, please visit our Developer Hub, available at: https://apidocs.hibob.com/ (“HiBob Documents”). No registration is required. You must only access the APIs in accordance with these API Terms and the HiBob Documents.
- API License Grant. While these Terms are in effect, HiBob hereby grants you a non-exclusive, non-transferrable, non-sublicensable, and revocable limited right and license to: (1) use HiBob’s API in your test environment for internal development and testing to evaluate a potential integration to those parts of HiBob’s platform; (2) use the API to access HiBob’s platform; (3) copy HiBob’s API for archival or back up purposes only, provided that all titles, trademarks, and copyright, proprietary and restricted notices are reproduced in all such copies and that all such copies are subject to these Terms; and (4) create derivative works of the API solely for use with theIntegrated App. We reserve all rights to any API not expressly granted herein. The HiBob Documents and any information received from us (including information received via the API) is known collectively and respectively, as “API Licensed Material”.
- API Access. HiBob enables you to retrieve, implement, store, utilize and display the relevant API data as required only to facilitate the creation of the API. For clarity's sake, you have no right to change any of the API data within HiBob’s platform without our prior written consent and shall have a “read only” access
- Compliance with the Terms
You hereby warrant that and access or use of the APIS shall be in accordance and compliance with these API Terms and all other HiBob policies (as applicable). We may suspend or terminate your access to, or use of, the APIs without notice for breach or suspected breach of these API Terms. - Compliance with Applicable Laws and Third-Party Rights.
You warrant that your use of the APIs will comply with all applicable laws (including, but not limited to GDPR, UK GDPR and IP rights, as applicable) and you will ensure that all those acting on your behalf (“Representatives”) will comply with all applicable laws, as detailed above. - Prohibited Use.
Except as expressly provided herein, you may not copy, translate, modify, create derivative works of, sell, lease, sublicense, distribute or publicly display any of the API Licensed Material. Without limiting the generality of the foregoing, you may not: (i) scrape, crawl, build a database of, or create a permanent copy of the API Licensed Material or any portion; (ii) commit or attempt to commit any illegal, fraudulent, or wrongful act or any act that violates any applicable law or regulation, including without limitation applicable data protection regulations; (iii) interfere, or attempt to interfere, with HiBob’s system, the normal operation of its business, or action taken by us to protect our systems; or (iv) attempt to circumvent any limitations or restrictions of
the API Licensed Materials - Third Party Use of API. You agree you will ensure you obtain HiBob’s prior written consent and will ensure that such third party agrees to the API Terms for any third party that you wish to have use
the API Licensed Materials for the purposes herein. - Data and Privacy
You warrant to comply with all applicable privacy laws and regulations, including, the GDPR and UK GDPR (where relevant). You will provide a privacy policy for each of your Integrated Apps that clearly describes to your users what data you collect and store, as well as how you use, process, and share such data (including for any marketing purposes). - Ownership of API Licensed Materials. You acknowledge that all right, title and interest in and to HiBob’s API and the authorization information that permits you to access the API Licensed Materials resides with us. HiBob’s interests include, but are not limited to, any patent, registered copyright, trade secret, registered trademark, or other proprietary rights (“Intellectual Property Rights”) related to the API Licensed Materials and any outputs generated therefrom and any derivatives thereof and any rights or interests in intellectual property related thereto, including without limitation the look and feel of its service, works of authorship, designs, trade names, logos and trademarks (and all modification and/or corrections and/or derivatives to all the foregoing), data and data bases therein or related thereto. You acknowledge that the API Licensed Materials are Confidential Information containing trade secrets of ours and agree to promptly notify us of any actual or threatened misappropriation or infringement of the API Licensed Materials which may come to your attention.
It is hereby further agreed that any development and creation of the user interface, graphical interface and user flow shall be solely owned by the respective developing party. Each Party hereby grants and receive a perpetual, worldwide, transferable, sub licensable, fully paid-up, royalty-free, limited license to any intellectual property pertaining into any code or system allowing interoperability of the services (other than API developed by a Party), to use, utilize and make derivatives in any manner in connection with the respective services. - Proprietary Notices. You must not remove from the API Licensed Materials, or alter, any of HiBob’s trademarks or other notices or markings, or add any other notices or markings to the API Licensed Materials, without the prior express written consent of HiBob. You will duplicate all such proprietary rights notices on each copy of the API Licensed Materials permitted to be made as detailed herein.
- Non-exclusivity
You acknowledge that HiBob may develop products or services that compete with the APIs, your Integrated App, or any other products or services, and we have no obligation to make any of these products or services available to you. HiBob may change or alter, including by downgrading, any and all parts or features of its API’s, and makes no warranties for maintaining its functionality. - Indemnification
To the fullest extent permitted by law, you will indemnify and hold harmless HiBob, its affiliates, and any of their respective officers, directors, employees, agents and shareholders harmless against any claim, costs, losses, damages, liabilities, judgments, fees (including reasonable fees of attorneys and other professionals), and expenses arising out of or in connection with any claim, action or proceeding (“Claims”) by a third-party arising out of:
I. access to or use of the APIs by you or your Representatives;
II. violation of these API Terms or your obligations as stated in these terms, or violation or infringement of any third-party rights or privacy rights;
III. the development, operation or ongoing maintenance of your Integrated Apps, or;
IV. any content, data, technology or materials provided by you, your Representatives or your users. - Exclusion of Warranties.
A. YOU ACKNOWLEDGE AND AGREE THAT THE APIS AND ANY ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS.
B. HIBOB DOES NOT WARRANT THAT THE APIS WILL BE UNINTERRUPTED, TIMELY, CONTAMINANT-FREE OR ERROR-FREE, THAT THE API AVAILABILITY BE MAINTAINED, THAT ANY ERROR, BUG OR PROBLEM BE RESOLVED OR THAT THE APIS WILL MEET THE CUSTOMER’S REQUIREMENTS.
C. ANY DATA OBTAINED THROUGH THE APIS IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR YOUR USERS’ LOSS OF DATA OR ANY OTHER DAMAGE OR INJURY
THAT RESULTS FROM THE USE OF THE APIS.
D. HIBOB DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, CORRECTNESS, RELIABILITY, INTEGRITY, USEFULNESS, QUALITY, FITNESS FOR PURPOSE OR ORIGINALITY OF ANY OF THE FOREGOING
APIS OR DATA. - Limitation of Liability
Limitation on Indirect Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HIBOB BE LIABLE UNDER THESE API TERMS FOR (i) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (ii) FOR LOSS OF USE, BUSINESS, REVENUES, DATA, GOODWILL, PROFITS OR SIMILAR LOSSES; IN EACH CASE, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. FURTHERMORE, HIBOB SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM REMOVING, MODIFYING, SUSPENDING OR TERMINATING ANY ASPECT OF THE APIS INCLUDING
FEATURES, FUNCTIONS, OR VERSIONS OF THE APIS.
limitation on amount of liability. TO THE FULLEST EXTENT PERMITTED BY LAW, AND OTHER THAN IN THE EVENT OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, HIBOB’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED $100 USD (“LIABILITY CAP”).
HIBOB IS NOT LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM (I) REMOVING, MODIFYING, SUSPENDING OR TERMINATING ANY ASPECT OF THE APIS INCLUDING (A) ANY OR ALL FEATURES, FUNCTIONS, OR VERSIONS OF ANY OF THE APIS, INCLUDING DATA HIBOB MAKES AVAILABLE TO YOU; AND (B) WITH RESPECT TO ANY SPECIFIC API USER OR INTEGRATED APP, CATEGORY OF USERS OR INTEGRATED APPS, OR ALL USERS, OR INTEGRATED APPS, OR (II) PROVIDING SUPPORT OR MODIFICATIONS TO THE APIS, INCLUDING WITH RESPECT TO ANY SPECIFIC API USER OR INTEGRATED APP, CATEGORY OF USERS OR INTEGRATED APPS, OR ALL USERS, OR INTEGRATED APPS. - Termination
HiBob reserves the right to terminate or change these Terms. Support offered to you with relation to the APIs or your Integrated App shall not be binding for any future provision of said support. The API Terms shall cease to apply to you should you discontinue or remove your Integrated App. Early notice of the removal
of the Integrated App is not required. - General Legal Terms
A. These API Terms, alongside Hibob’s policies, shall control the relationship between you and us with respect to all matters related to the APIs. Any dispute arising under these API Terms will be resolved
under the jurisdiction of the State of Israel.
B. A party’s failure to enforce a provision shall not constitute a waiver of its right to do so at a later stage. If a provision shall be found unenforceable by a court of law, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting the parties’ intent as accurately as possible. Any rights provided within these Terms may not be assigned to a third party. HiBob may assign its rights under these Terms to any of its subsidiaries, or to any successor in interest of any business associated, directly or indirectly, with the APIs. The Parties are independent contractors. These API Terms do not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship between the parties.
C. In the event of conflict or inconsistency between these Terms and those of a separate agreement signed by the Parties, such agreement shall take precedence.
Updated 7 months ago