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These Confluent API Terms of Use ("Terms") govern your access and use of the APIs ("APIs") provided by Confluent, Inc. and/or its affiliates ("Confluent", "we", "us", or "our"). By accessing or using the APIs, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you should not access or use the APIs.
1. Acceptance of Terms
By accessing or using the APIs, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the APIs on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. License Grant
Subject to your compliance with these Terms and the documentation that accompanies the APIs, Confluent grants you a non-exclusive, non-transferable, non-assignable revocable license to access and use the APIs solely in connection with developing, implementing, and distributing your applications or services (“Your Application”) that interoperate or integrate with the Confluent products and services. You may not sublicense, sell, or distribute the APIs.
3. Restrictions
3.1. Misuse or Abuse of APIs. You shall not use the APIs (and must not encourage or enable any third party to use the APIs) in any manner that is fraudulent, misleading, in violation of any applicable law, or in any other manner in violation of the Confluent Acceptable Use Policy. You shall not engage in any activity that could negatively impact the availability, reliability, or performance of the APIs.
3.2. Reverse Engineering. You shall not reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying algorithms of the APIs, or any part thereof.
3.3. Security Violations. You shall not attempt to gain unauthorized access to any systems or networks related to the APIs. You shall not attempt to circumvent any authentication or security measures implemented by Confluent.
3.4. Scraping and Data Collection. You shall not scrape, crawl, index, or collect data from the APIs, including but not limited to user data, without obtaining explicit consent from the end users and complying with all applicable laws.
3.5. Violation of Third-Party Rights. You shall not use the APIs in a manner that infringes upon or violates the intellectual property, privacy, or other rights of any third party.
3.6. Harmful Content. You shall not transmit, upload, or distribute any content that is harmful, harassing, defamatory, obscene, or otherwise legally objectionable through the use of the APIs.
3.7. Resale and Distribution. You may commercialize Your Application. However, you shall not resell, sublicense, distribute, or otherwise commercialize the APIs or any part thereof without the express written consent of Confluent.
3.8. Use for Competitive Purposes. You shall not use the APIs to develop a product or service that competes with the products or services offered by Confluent.
3.9. Bulk Requests. You shall not make excessive or unreasonable requests to the APIs that could impair their proper functioning, as determined by Confluent.
3.10. High-Risk Activities. You shall not use the APIs in connection with any high-risk activities where the failure of the APIs could lead to physical harm, death, environmental damages, or other serious consequences.
4. Registration and API Keys
In order to access and use the APIs, you may need to use approved authentication mechanisms provided by Confluent, such as an API key or an access token. You agree to provide accurate and complete registration information and to keep your credentials and authentication artifacts confidential. You are solely responsible for any activities that occur under your authentication.
5. Usage Limits
Confluent may impose usage limits on the APIs, including but not limited to request limits and rate limits, in its sole discretion. You agree to comply with these usage limits and understand that exceeding these limits may result in temporary or permanent suspension of your API access.
6. API Changes and Termination
Confluent may modify, suspend, or discontinue the APIs, or any part thereof, at any time without prior notice. We may also terminate your access to the APIs for any reason, including violation of these Terms. You may terminate your license under these Terms at any time by discontinuing your use of the APIs and related documentation.
7. Ownership
You acknowledge that Confluent owns all right, title, and interest in and to the APIs and any modifications thereto, including all intellectual property rights. These Terms do not grant you any rights to Confluent's trademarks or other proprietary rights. You may choose to provide Confluent with suggestions, feedback, ideas, or other information regarding the APIs ("Feedback"). You acknowledge and agree that Confluent shall have the unrestricted right to use, modify, and incorporate any Feedback for any purpose, without any obligation to compensate you or maintain the confidentiality of such Feedback.
8. Data Privacy
8.1. Privacy Requirements. To the extent you collect, gain access to, or otherwise process data through or in connection with the APIs (“APIs Data”), you shall:
8.1.1. comply with all laws and regulations applicable to your use of the APIs Data (“Applicable Laws”), including without limitation laws related to privacy, biometric data, data protection, and confidentiality of communications. You are required to follow applicable legal requirements if the use of Your Application will result in the international transfer of personal data, as well as to comply with individuals’ requests to exercise their rights under privacy laws;
8.1.2. ensure (and are solely responsible for ensuring) that all consents have been obtained from, and all notices (including privacy notices) have been given to, all end users and others as may be required by Applicable Laws for the operation of Your Application and your collection, use, sharing, retention, or processing of APIs Data. Such notices and consents shall not supersede, modify, or conflict with the Terms or other applicable Confluent terms and policies; and
8.1.3. if requested by Confluent, provide assistance and take actions as may be reasonably necessary for Confluent to comply with Applicable Laws, including notifying Confluent promptly of any privacy rights requests or other correspondence received from end users, regulators, or other third parties regarding APIs Data, and assisting with data protection impact assessments and notifications to regulators to the extent required by Applicable Laws.
8.2. Other Privacy Terms. Nothing in the Terms or the activities contemplated hereby shall be construed as creating a joint controller relationship between You and Confluent or designating You as a Confluent processor. You acknowledge that Confluent may collect, use, and share personal data pertaining to end users and others as described in the Confluent Privacy Policy. Confluent shall not be liable for, or have any responsibility in connection with APIs Data collected, used, shared, retained, or otherwise processed by you or Your Application and your activities with regard to Your Application that are not in any way by or on behalf of Confluent.
9. Security
9.1. Security Requirements. You represent and warrant that Your Application has been developed to operate with the APIs in a secure manner. Your network, operating system, and the software of your servers, databases, and computer systems must be properly configured to securely operate Your Application. Your Application must use reasonable security measures to protect the private data of your users. You will employ reasonable technical, administrative, and physical safeguards for Your Application that:
9.1.1. comply with applicable laws and regulations, including applicable data protection laws;
9.1.2. meet or exceed applicable industry standards or self-regulatory requirements;
9.1.3. protect the confidentiality, integrity, and availability of data, including personal data; and
9.1.4. prevent Security Incidents (as defined below).
9.2. Security Incidents. In the event that you become aware of a Security Incident, you will notify Confluent without undue delay and will provide updates to Confluent. You will reasonably cooperate with Confluent as required to fulfill Confluent’s obligations under applicable data protection laws. “Security Incident” means an unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, laternation, unauthorized disclosure of, or access to: (i) the APIs and/or APIs Data; (ii) Your Application; and/or (iii) Confluent services, applications, or systems.
9.3. Monitoring, Review, and Audit. Confluent reserves the right to monitor, review, or audit the APIs and/or Your Application, to the extent applicable, to ensure it does not violate the Terms and/or Applicable Laws. You agree that you will cooperate with inquiries related to such activities and will provide Confluent with proof that Your Application complies with the Terms and/or Applicable Laws.
10. Indemnification
You agree to indemnify, defend, and hold Confluent harmless from and against any claims, liabilities, damages, losses, and expenses related to Your Application, your use of the APIs, and your breach of these Terms.
11. Disclaimer of Warranties
YOUR USE OF THE APIS IS AT YOUR SOLE RISK. THE APIS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CONFLUENT MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APIS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND/OR NON-INFRINGEMENT.
CONFLUENT DOES NOT WARRANT THAT THE APIS WILL BE UNINTERRUPTED, ERRORFREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS OR ERRORS IN THE APIS WILL BE CORRECTED. CONFLUENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, ACCURACY, RELIABILITY, OR RESULTS OF THE USE OF THE APIS OR ANY CONTENT MADE AVAILABLE THROUGH THE APIS.
12. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, NEITHER CONFLUENT NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE APIS.
IN NO EVENT SHALL CONFLUENT AND ITS AFFILIATES’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE APIS EXCEED ONE HUNDRED U.S. DOLLARS ($100).
THESE EXCLUSIONS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
13. Governing Law and Venue
These Terms shall be governed by the laws of the State of California without regard to its conflicts of laws principles. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of and venue in the federal and state courts within Santa Clara County, California. The parties consent to the personal and exclusive jurisdiction and venue of these courts. The parties disclaim and exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
14. Changes to Terms
Confluent reserves the right to modify or update these Terms at any time. Updates become binding upon posting. Your continued use of the APIs after the effective date of any changes constitutes your acceptance of any such changes.
15. General
The waiver of one breach or default or any delay in exercising any rights will not constitute a waiver of any subsequent breach or default. If any provision of these Terms is held invalid or unenforceable under applicable law by a court of competent jurisdiction, it will be replaced with the valid provision that most closely reflects the intent of the parties and the remaining provisions of these Terms will remain in full force and effect. Nothing in these Terms will be construed as creating an agency, partnership, or joint venture relationship between Confluent and you. The APIs may be subject to U.S. export laws and/or to import and use laws of the country where they are delivered or used, and you agree to abide by all such applicable laws. Neither Confluent nor you shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of the other, whether express or implied, or to bind the other in any respect. These Terms, together with and inclusive of any referenced exhibits, addenda and any incorporated terms, represents the entire agreement between the parties, and supersedes all prior agreements and understandings, written or oral, with respect to its subject matter. The provisions of these Terms that by their nature extend beyond the termination of this Agreement, including without limitation Sections 8, 9, 10, 11, and 12.
16. Contact Us
If you have any questions about these Terms, please contact us at legal@confluent.io.