API Use Policy

  

Thank you for using the Ryple application programming interface (the "Ryple API"). The Ryple API is a service that provides real time access to live data from USGS stream gauges, solunar data and local barometric pressure data to define the optimal conditions for the occurrence of bug hatches up to seven days in advance (the “API Data”).

The Ryple API is owned and operated by NuKru, LLC (“NUKRU,” “Company,” “we,” “us” or “our”). By using the Ryple API, you agree to these API Use Policies (the “Use Policies”). If you disagree with any of these Use Policies, we do not grant you a license to use the Ryple API. NUKRU reserves the right to update and change these Use Policies from time to time without notice. You can always find the most recent version of these Use Policies on the Ryple website.

Your license to the Ryple API under these Use Policies continues until it is terminated by either party. Unless otherwise stated by these Use Policies, you may terminate the license by discontinuing use of the Ryple API. We may terminate the license at any time for any reason. Your rights to use the Ryple API terminates automatically if (i) you violate any of these Use Policies; (ii) we send you a written notice of termination; or (iii) we disable your access to the Ryple API.

1. LICENSED USE. Subject to your compliance with these Use Policies, NUKRU licenses to you a limited, worldwide, non-exclusive, non-transferable, revocable license for your personal or commercial use to (a) access, use and receive the API Data through the Ryple API, and to transmit, use and display API Data accessed through the Ryple API for the purposes set forth in these Use Policies; and (b) use and display those trademarks, service marks, domain names, logos and other proprietary information belonging to NUKRU, including the Ryple™ mark (collectively, “NUKRU Marks”), solely for the purposes of indicating that the API Data is provided by us.

2.  USE POLICIES AND CONDITIONS. By using the Ryple API, you agree that:

a. You and all end-users will comply with NUKRU’s Terms of Service, found here.
b. You will not modify the API Data in any way.
c. You will not modify the link structure to the Ryple API.
d. You will not resell, sublicense, redistribute or provide access to the Ryple API to any third party, including, without limitation, by incorporating Ryple API access into chipsets of any kind.
e. You will not delete, obscure, or modify any NUKRU Marks that are included in the API Data, or in any way prevent them from appearing with the API Data as made available by NUKRU.
f. You will not display API Data or the NUKRU Marks in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by NUKRU, or that can be reasonably interpreted to suggest that content other than the API Data is provided, endorsed, sponsored, or approved by, or is otherwise associated with, NUKRU.
g. You will not use the Ryple API or the API Data to target or trigger advertising. 
h. You will not use the Ryple API or the API Data in or in connection with any maritime vehicle telematics or “connected boat” applications, products or services.
i. We, in our sole discretion, may choose to upgrade the current version of the Ryple API at any time without notice to you, which you acknowledge may make the version of the Ryple API that you are using obsolete.
j. You will not use the API Data to disparage us or our products.
k. You will not use the API Data in connection with any product, service, application or use (including advertising) that promotes or constitutes illegal activity, is adult-themed, contains sexual, violent or criminal content, relates to the sale of tobacco or alcohol to individuals under the age of legal consumption, gambling, “get-rich-quick” or similar schemes, or firearms, fireworks or ammunition, advocates violence or any act of intimidation, harassment, physical force or discrimination motivated by hostility to a person’s race, ethnic background, religious belief, sex, age, disability or sexual orientation, or violates any civil or criminal law.
l. You will not reverse engineer, decompile or otherwise attempt to extract the source code of the Ryple API or any part thereof, unless doing so is expressly permitted or required by applicable U.S. federal or state laws.
m. Upon request, you will provide us with information, access and means to evaluate your use of the Ryple API, the API Data and the NUKRU Marks free-of-charge in order to determine compliance with these Use Policies.
n. You grant us the limited right for our trade, promotional and marketing purposes to use your name and the name, URL, and other identifying indicia of any product, service, application or use of the Ryple API or API Data to indicate that you are a NUKRU customer and that your product, service, application or use includes API Data.
o. You will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Ryple API or to circumvent your rate limits, or use and/or monitor API Data or any information in or related to the Ryple API for any unauthorized purpose. 
p. You will not make your unique API key or login information available to any third party. You are responsible for all use of the Ryple API, API Data or the NUKRU website that occurs through your API key or login information. You agree to promptly notify us if you learn of a security breach related to your API key or login information.
q. You will use commercially reasonable efforts to prevent any portion of the API Data from being collected or extracted from your computer systems and from your products, services, applications, websites or other uses of the API Data by means of “robots,” “spiders,” “web crawlers” or other automated processes, devices, programs, algorithms or methodology. You will provide us with prompt written notice thereof if you become aware that API Data is being collected or extracted in such a manner and will determine a commercially reasonable course of action to prevent or discourage such activity in the future. We reserve the right to suspend your access to the API until such time as reasonable steps are taken to protect the API and the API Data.

3. BRANDING REQUIREMENTS. You must credit us by name, together with the NUKRU’s brand logo, as the source of the API Data by including the following language in your application, service, product or advertisements:

RYPLE™ IS A REGISTERED TRADEMARK OF NUKRU, LLC, BOTH IN THE UNITED STATES AND INTERNATIONALLY. THE RYPLE™ LOGO IS A TRADEMARK OF NUKRU, LLC.
Use of the NUKRU brand assets (e.g., the Ryple™ name and logo) is governed by NUKRU’s Branding Policy, available Branding Policy.

4. OWNERSHIP; PARTY RELATIONSHIP. The Ryple API may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. NUKRU’s rights apply to the Ryple API and all output and executables of the Ryple API, excluding any software components developed by you which do not themselves incorporate the Ryple API or any output or executables of the Ryple API. 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 Use Policies. NUKRU owns all rights, title, and interest in and to the Ryple API, the API Data and NUKRU Marks. These Use Policies grant you no right, title, or interest in any intellectual property owned or licensed by us, including (but not limited to) the Ryple API, the API Data, and the NUKRU Marks, including the Ryple™ trademark.

5. MODIFICATION. NUKRU may modify and update these Use Policies at any time in its sole discretion. Your continued access or use of the Ryple API, the API Data and/or the NUKRU Marks, including the Ryple™ trademark, after modification of these Use Policies constitutes your acceptance of, and agreement to be bound by, the modified Use Policies. If you do not agree with any modifications of the Use Policies, you must cease all access and use of the Ryple API, the API Data and the NUKRU Marks, and cease all exercise of any rights licensed to you by these Use Policies, which cessation shall constitute termination of the Use Policies by you, subject to the terms and conditions set forth herein.

6. FEES, PAYMENTS AND MONITORING. Despite the real costs incurred by us in being able to provide the Ryple API, we are committed to free and open access to the Ryple API for non-commercial purposes. For uses of the Ryple API exceeding 10,000 requests in a given calendar month, we reserve the right to charge a fee as described on the Company’s pricing page. NUKRU defines, tracks and reports a request as a single connection to the Ryple API endpoint, and we reserve the right to define a “request” in our sole and absolute discretion. By using the Ryple API, you expressly consent to our monitoring of your Ryple API usage via an application programming interface key to determine if you have exceeded your monthly free-use limit. As a paying subscriber, you agree to any additional pay terms as described on the Company’s pricing paid, which terms are expressly incorporated by reference herein. All payments are non-refundable. The Company’s pricing page, with details about subscription levels, is available here.

7. DISCLAIMER OF ANY WARRANTY. NUKRU ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES OR EXPENSES YOU MAY INCUR AS A RESULT OF ANY INACCURACY, INCOMPLETENESS, UNTIMELINESS OR OBSOLESCENCE OF THE RYPLE API OR THE API DATA. YOU ACKNOWLEDGE THAT REPORTS, FORECASTS, ALERTS, AND OTHER INFORMATION REGARDING EGG HATCHING CONDITIONS IN U.S. LAKES AND STREAMS IS UNCERTAIN AND SPECULATIVE, AND IS NO GUARANTEE OF AN INCREASED LIKELIHOOD OF CATCHING FISH. THE RYPLE API AND API DATA MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. NUKRU DOES NOT REPRESENT OR WARRANT THAT THE RYPLE API AND API DATA ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR THAT IT IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE RYPLE API AND API DATA ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND NURKU EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE RYPLE API AND API DATA ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY RYPLE API AND API DATA INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM, NETWORKS OR LOSS OF DATA.

8. LIMITATION OF LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FORGOING, YOU AGREE THAT NEITHER NUKRU NOR ANY OF ITS PARENTS, AFFILIATES, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CO-BRANDERS, REPRESENTATIVES OR AGENTS WILL BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, OR FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST TIME), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THESE USE POLICIES, THE RYPLE API, ANY API DATA, ANY NUKRU MARKS OR ANY CONTRACTUAL OR OTHER DEALINGS OR RELATIONSHIPS YOU MAY HAVE WITH THIRD PARTIES BASED UPON OR RELATED TO THE RYPLE API OR THE API DATA. YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION ARE REASONABLE AND APPROPRIATE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY IN THE EVENT OF A BREACH BY NUKRU OF THESE USE POLICIESSHALL BE TO STOP USING THE RYPLE API, THE API DATA, AND THE NUKRU MARKS AND TO TERMINATE THESE USE POLICIES. IN THE EVENT THAT ANY COURT FINDS THE FOREGOING PROVISIONS TO BE UNENFORCEABLE OR DECIDES NOT TO ENFORCE THEM FOR ANY REASON, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF NUKRU TO YOU UNDER THESE USE POLICIESEXCEED THE GREATER OF (I) THE AMOUNTS PAID BY YOU TO NUKRU DURING THE THREE MONTHS PRECEDING THE DATE THAT NUKRU IS NOTIFIED OF ANY CLAIM BY YOU, OR (II) $500.

9. WAIVER. If you are a California resident, you waive your rights under California Civil Code 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. NUKRU’s failure to exercise or enforce any right or provision of these Use Policies shall not constitute a waiver of such right or provision.

10. HOLD HARMLESS AND INDEMNITY.  In connection with your use of the Ryple API and API Data in connection with applications, products, services, programs or other uses produced or provided by you or any third party (“Your Uses”), you agree to be solely liable for any damage resulting from any infringement of copyrights, patents, other proprietary rights, or any other harm (including but not limited to harm caused by spyware, malware, worms, Trojan horses and viruses) resulting from Your Uses.  You agree to indemnify and hold harmless NUKRU and its parents, affiliates, directors, shareholders, representatives, employees, co-branders and agents from and against any claim, demand, action or suit asserted by a third party, and all costs, liabilities, judgments, expenses and damages, including reasonable attorneys’ fees (collectively, “Losses”) suffered, sustained, incurred or paid in connection therewith, arising out of, resulting from or related to (i) your access to or use of the Ryple API and/or API Data, including, without limitation, any claim that Your Uses infringe any proprietary, intellectual property or personal right of any third party or violates any law (excluding only claims that the Ryple API or API Data as provided to all customers by NUKRU - and not as implemented by you or combined with Your Uses - independently and directly infringe the rights of such third party or violate any law); (ii) any breach by you of these Use Policies; or (iii) any violation by you of any applicable laws, rules, regulations or statutes. You will not enter into any settlement that imposes any liability or obligation on NUKRU, or contains any admission or acknowledgement of wrongdoing (whether in tort or otherwise), without NUKRU's prior written consent.

11. GENERAL USE POLICIES.

a. Termination. Without limiting its other rights or remedies, we may immediately terminate these Use Policies, or discontinue, suspend, terminate or block your or any user's use of the Ryple API, the API Data and/or the NUKRU Marks, including the Ryple™ trademark, at any time in our sole discretion. You may terminate these Use Policies by ceasing to use the Ryple API, the API Data and the NUKRU Marks, and by notifying us of the same through the message center in the developer’s portal, available here. You agree to pay all fees due for your use of the Ryple API up until the date of your termination notice, which will include the last month’s billing cycle. When these Use Policies come to an end, those terms and conditions that by their nature are intended to continue indefinitely will continue to apply, including but not limited to Sections 2(b), 2(c), 2(d), 2(l), 7, 8, 9, 10.
b. Governing Law; Jurisdiction. These Use Policies and your access to and use of the Ryple API, the API Data, and the NUKRU Marks are governed by the laws of the State of Georgia and the laws of the United States of America without regard to conflicts of law principles. All disputes arising under or related to these Use Policies shall be resolved by the State or Superior Courts of Fulton County in the State of Georgia, or in the United States District Court for the Northern District of Georgia. Each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional defenses, including, without limitation, forum non conveniens, the party may have to the institution of any such claim or action in any such court.
c. Entire Agreement. These Use Policies constitute the entire agreement between you and us regarding the subject matter hereof, supersedes any and all prior or contemporaneous agreements between the parties with respect to its subject matter, and does not give any third party any rights or remedies hereunder. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized Company representative. You may not assign the rights and licenses granted herein without our prior written consent. Subject to the foregoing limitation, these Use Policies will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.
d. Capacity. You represent and warrant that you have the legal capacity and authority to accept the Use Policies and to bind yourself and any other person or entity accessing or using the Ryple API as a result of your acceptance of these Use Policies. If you are accepting on behalf of a business entity, you represent and warrant that you have the full legal authority to bind the business entity to these Use Policies. 
e. Invalidity of Specific Use Policies. If any provision of these API Use Policies 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 that the other provisions remain in full force and effect.

 

Updated: April 1, 2015