By accessing and using this API (the "API"), you explicitly agree to comply with and be bound by the following terms and conditions (the "API Terms of Use"), which QScend may change at any time. Please review these terms and conditions periodically and check the version date for changes.

  1. Services. The QScend API is a QScend Technologies Inc. service that allows pre-approved licensees to retrieve certain data and write data to QScend software applications. QScend reserves the right to modify or discontinue the Services or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. QScend shall not be liable to you or any third party should QScend exercise its right to modify or discontinue the Service or part of it. QScend will announce new releases at http://developers.qscend.com/developer.
  2. Copyright And License. You are granted a limited, non-transferable, non-sublicensable right to access the API. We reserve the right, without notice and in our sole discretion, to terminate your license to use the API, and to block or prevent future access to and use of the API.

    This license is subject to the following restrictions:

  • You may not use the QScend APIs in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the QScend TOS or these Terms of Use;
  • All calls to the QScend API must reference the API Key issued to you as an approved licensee.
  • You agree to keep the API Key confidential, and not to share it with any third party. This license is personal to you, and any affiliates must seek and obtain their own license and API Key. You may not sell, lease, share, transfer, or sublicense the QScend APIs or access or access codes thereto or derive income from the use or provision of the QScend APIs, whether for direct commercial or monetary gain or otherwise, without QScend's prior, express, written permission;
  • You may not use the QScend APIs in a product or service that competes with products or services offered by QScend Technologies, Inc.;
  • Your license to QScend Customer Data is limited to making direct server calls for the QScend Customer Data and to distributing the QScend Customer Data to your consuming application. You may not present the QScend Customer Data (or permit the QScend Customer Data to be presented) so that it appears to be available from a third party Web site.
  • You may not use the QScend Customer Data for direct marketing (i.e., mailing) or telemarketing lists.
  • You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the QScend API or any software program provided by QScend Technologies, Inc.
  • You are limited to one thousand (1000) calls to the QScend API per day. QScend Technologies, Inc. may approve higher daily call limits if you adhere to these API Terms of Use and pass a QScend review.
  • If you become aware that any user of your implementation is in material breach of these API Terms of Use, any provisions you are required to offer under these API Terms of Use then you agree to notify QScend Technologies, Inc. promptly of such breach by e-mail to developer@QScend.com., and to take prompt commercially reasonable corrective action at your expense to remedy such breach. In addition, upon request of QScend Technologies, Inc., you will either (a) use commercially reasonable efforts to obtain such equitable relief to prevent harm to QScend Technologies, Inc., its Customers or its licensors, or (b) assign any of your applicable rights to permit QScend Technologies, Inc. or the applicable Customer or Licensor to seek such equitable relief. Your obligations to report and enforce the Applicable Terms will survive termination of these API Terms of Use or your use of the QScend API.
  1. Trademarks and Service Marks. The QScend name, QAlert, QContent, logo(s) and links to QScend Technologies, Inc. are Registered Trademarks of QScend Technologies, Inc. and ALL RIGHTS RESERVED. You are granted a limited, non-transferable, non-sublicensable right to access this API in support of our Customers application requirements. You agree to use the Services in accordance with the QScend API Attribution Requirements set forth below. We reserve the right, without notice and in our sole discretion, to terminate your license to use the API, and to block or prevent future access to and use of the QScend Customer Data.

  2. Acceptable Use. You agree not to use the QScend API, QScend Customer Data, or QScend Brand & Links in any way that is unlawful, or harms QScend Technologies, Inc., its customers, service providers, its suppliers, or any other person. Further, pursuant to Section 10 below, QScend Technologies, Inc. may terminate your use of the QScend API, QScend Customer Data and QScend Brand & Links if and when QScend Technologies, Inc. determines that your use is inappropriate.

  3. Limited Relationship. You and QScend Technologies, Inc. are independent contractors, and nothing in these API Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the QScend API, you agree not to make any other public statements that assert or imply any other relationship with QScend Technologies, Inc., unless you have QScend Technologies, Inc.'s prior written approval.

  4. Indemnity. You agree to hold harmless and indemnify QScend Technologies, Inc., and its subsidiaries, affiliates, officers, agents, employees, customers and suppliers, from and against any third party claim arising from or in any way related to your or your users' use of the QScend API or QScend Customer Data, use of QScend Brand & Links other than as set forth in the QScend API Attribution Requirements, violation of these API Terms of Use or other actions connected with use of QScend Technologies, Inc. services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, QScend Technologies, Inc. will provide you with written notice of such claim, suit or action.

  5. NO WARRANTIES. THIS SITE, THE MATERIALS, DATA, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SERVICE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

  6. LIABILITY LIMITATION. IN NO EVENT SHALL QSCEND TECHNOLOGIES, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, CUSTOMERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE QSCEND API OR QSCEND CUSTOMER DATA.

  7. Intellectual Property. The QScend API, and QScend Brand & Links are the property of QScend Technologies, Inc., and subject to the intellectual property rights of QScend Technologies, Inc. and its licensors. 2011 © QScend Technologies, Inc. Registered Trademark QScend Technologies, Inc.,. All rights reserved.

  8. Modification. QScend Technologies, Inc. may change, add to or delete these Terms of Use or any portion thereof from time to time at its sole discretion.

  9. Termination. QScend Technologies, Inc. may change, suspend or discontinue the QScend API and suspend or terminate your use of the QScend API, QScend Customer Data, and/or QScend Brand & Links at any time for any reason, without notice. You may also terminate by ceasing to use the QScend API, QScend Customer Data, and QScend Brand & Links, removing implementation of the QScend API from your applications.

  10. Choice Of Law, Waiver, And Claims . These API Terms of Use shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. QScend's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

  11. General. You represent that you have the authority to bind the organization (if any) identified in your application for the QScend API. You agree not to export from anywhere any part of the QScend API, QScend Customer Data, or QScend Brand & Links provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If provided to the U.S. government, the QScend API, QScend Customer Data, or QScend Brand & Links are provided with the commercial license rights described herein. If any part of these API Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these API Terms of Use will continue in effect. The section titles in these API Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. QScend Technologies, Inc. may assign these API Terms of Use, in whole or in part, at any time with or without notice to you. You may not transfer, assign, or delegate the API Terms of Use and your API Key to any third party. QScend Technologies, Inc.'s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these API Terms of Use constitute the entire agreement between you and QScend Technologies, Inc. with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and QScend Technologies, Inc. with respect to the QScend API, QScend Customer Data, or QScend Brand & Links.