car2go APIs Terms of Use

Thank you for using the car2go application programming interfaces (the "car2go APIs"). By using the car2go APIs, you agree to the terms below. If you disagree with any of these terms, car2go does not grant you a license to use the car2go APIs. We reserve the right to update and change these terms from time to time without notice. You can always find the most recent version of these terms here http://car2go.com/api/tou.htm.

Your license to the car2go APIs under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the car2go APIs. car2go may terminate the license at any time for any reason. Your rights to use the car2go APIs terminate automatically if (i) you violate any of these terms, (ii) car2go publicly posts a written notice of termination on car2go.com, (iii) car2go sends a written notice of termination to you, or (iv) car2go disables access to the car2go APIs to you.

1. Licensed Uses and Restrictions.

The car2go APIs are owned by car2go and its parent company Daimler AG. (hereinafter car2go) and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the car2go APIs, all updates, revisions, substitutions, and any copies of the car2go APIs made by or for you. All rights not expressly granted to you are reserved by car2go.

a. You shall:

  1. Comply with the car2go Terms of Use at http://car2go.com/api/tou.htm
  2. Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

b. You shall not:

  1. Use car2go APIs for any application that replicates or attempts to replace the essential user experience of car2go.com.
  2. Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use the car2go APIs.
  3. Use an unreasonable amount of bandwidth.
  4. Cache or store any car2go data other than for reasonable periods in order to provide the service you are providing to car2go users.
  5. Use car2go APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
  6. Use car2go 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.
  7. Use car2go APIs in a manner that adversely impacts the stability of car2go.com servers or adversely impacts the behavior of other applications using the car2go APIs.
  8. Sell, lease, or sublicense car2go APIs or access thereto or derive revenues from the use or provision of car2go APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.

2. Commercial Use

a. Rules and Restrictions.

If the primary purpose of your application is to derive revenue, it is considered a commercial application. car2go reserves the right to make evaluations at the time that you apply for the license. car2go may also monitor your site or application over time to ensure continued compliance with the license.

If you're in doubt about whether your application is commercial, here are a few common examples of commercial use that may provide you some guidance:

  1. Users are charged a fee for your product or service which includes some sort of integration using the car2go APIs.
  2. You sell services to car2go users and use the APIs to implement your service.
  3. Your site is a "destination" site that uses car2go data to drive traffic and generate ad revenue.

b. Application for a Commercial Use.

If you want to apply for a commercial, please contact car2go via email (ulm@car2go.com). You can't be too specific about your intended use of the car2go API. Lack of specificity or supporting information could delay your application indefinitely. When in doubt, it's always better to include more detail about your application. Please note that in some cases we may grant your request for a commercial license subject to your payment of fees, such as to help cover infrastructure costs.

3. Attribution.

  1. You shall not use "car2go" in the hostname of your application, i.e. car2go.mydomain.com
  2. You shall place the following notice prominently on your application: "This product uses the car2go API but is not endorsed or certified by car2go."
  3. You may not use the car2go logo without specific written permission from car2go.
  4. Any use of the car2go logo in your application shall be less prominent than the logo or mark that primarily describes the application and your use of the car2go logo shall not imply any endorsement by car2go.

4. Ownership and Relationship of Parties.

The car2go APIs may be protected by copyrights, trademarks, service marks, international treaties. car2go's rights apply to the car2go APIs and all output and executables of the car2go APIs, excluding any software components developed by you which do not themselves incorporate the car2go APIs or any output or executables of the car2go APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. car2go owns all rights, title, and interest in and to the car2go APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by car2go, including (but not limited to) the car2go APIs and car2go trademarks.

5. Support.

car2go may elect to provide you with support or modifications for the car2go APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. car2go may change, suspend, or discontinue any aspect of the car2go APIs at any time, including the availability of any car2go APIs. car2go may also impose limits on certain features and services or restrict your access to parts or all of the car2go APIs or the car2go Web site without notice or liability.

6. Fees and Payments.

car2go is committed to free and open access to our APIs for commercial and non-commercial purposes. However, providing the APIs does have real costs for car2go. For uses of car2go APIs over a certain rate or for certain types of commercial applications, car2go reserves the right to charge fees for future use of or access to the car2go APIs.

7. Disclaimer of Any Warranty.

SOME OF THE CAR2GO APIS MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. CAR2GO DOES NOT REPRESENT OR WARRANT THAT ANY CAR2GO APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE CAR2GO APIS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND CAR2GO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.

YOUR USE OF CAR2GO APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY CAR2GO APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

8. Limitation of Liability.

CAR2GO SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE CAR2GO APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT CAR2GO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL CAR2GO BE LIABLE TO YOU FOR ANY AMOUNT.

9. Exclusions and Limitations.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.