API License & Terms of Use

Last updated on: 4 March, 2019

Thank you for being a part of the Myriota Developer Community.

By accessing or using the Myriota API, you agree to this Myriota API License and Terms of Use (“Terms”) with Myriota Pty Ltd and its affiliates (“we”, “our”, “us” or “Myriota”).

Please read these Terms carefully, as they are a legally binding agreement.
Myriota reserves the right to update and change the Terms by posting updates and changes here: API License & Terms of Use.

Your continued use of the Myriota API following changes to these Terms signifies your acceptance of the changes.

1. Definitions
   1. Application – the application, embedded or otherwise, or any other means you use to access the Myriota API and send and receive data messages via the Service
   2. Customer – a customer of the Developer
   3. Developer, you or your – individual or entity that develops, owns or operates one or more Application(s) that accesses or uses the Myriota API
   4. Device Manager – the Myriota Device Manager portal offered via https://devicemanager.myriota.com
   5. Myriota API – the Myriota Cloud Application Programming Interface, the Myriota SDK Application Programming Interface and/or the related documentation, the Device Manager, data, code, and other materials provided by Myriota with these, as updated from time to time
   6. Myriota Trademarks – trademarks, logos, service marks and trade names of Myriota Pty Ltd., whether registered or unregistered
   7. Service – Myriota’s offerings and platforms, including without limitation, those offered via https://myriota.com and the Device Manager application
   8. Updates – bug fixes, updates, upgrades, enhancements, modifications and new releases or versions of the Myriota API.
2. Using the Myriota API
   1. License. Subject to these Terms (as a condition to the grant below), Myriota hereby grants you and you accept a non-exclusive, royalty free, non-transferable, non-sublicensable, revocable license solely to use the Myriota API to integrate the Service into any Application;
   2. Acceptable Use Policy. When using the Myriota API, you will (and will ensure that your employees, agents and service providers will):
      1. not or attempt to (and will not allow others to) reverse engineer, decompile, disassemble or translate the Myriota API, or otherwise attempt to derive source code, trade secrets or know-how in or underlying any Myriota API or any portion thereof;
      2. not remove or destroy any copyright notices, proprietary markings or confidentiality notices placed upon, contained within or associated with the Myriota API;
      3. not engage in any activity that interferes with, disrupts, harms, damages, or accesses in an unauthorized manner the servers, security, networks, data, applications or other properties or services of Myriota or any third party;
      4. not circumvent technological measures intended to prevent direct database access, or manufacture tools or products to that effect;
      5. not modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of the Myriota API, the Services, or any aspect or portion thereof;
      6. not bypass Myriota API restrictions for any reason;
      7. not, except as authorized by Myriota in writing, substantially replicate products or services offered by Myriota, including the Myriota API and the Services;
      8. not develop Applications that excessively burden the Myriota API, distribute spyware, adware or other commonly objectionable programs;
      9. not access or use the Myriota API, including to develop or distribute any Application, in any way that is criminal, fraudulent, unlawful or otherwise improper or unacceptable to Myriota;
      10. not falsify or alter any unique identifier in, or assigned to any Application, or otherwise obscure or alter the source of queries coming from an Application.
3. Changes to the Myriota API
   1. Updates
      1. You acknowledge that Myriota may do Updates to the Myriota API from time to time, and at its sole discretion. These Terms will apply to any updated version of the Myriota API;
      2. You are required to implement and use the most current version of the Myriota API and to make any changes to any Applications that are required as a result of any such Update, at your sole cost and expense;
      3. Updates may adversely affect the manner in which Applications access or communicate with the Myriota API or may make an Application incompatible with the Myriota API. Myriota is not responsible for any such adverse impact or incompatibility;
      4. We may change or discontinue the availability of some or all of the Myriota API, or any part or feature of it, at any time for any reason without prior notice. Such changes may include removal of features, or the requirement to pay fees for previously free features. We may also impose limits on certain features and services or restrict your access to some or all of the Myriota API;
      5. Your continued access or use of the Myriota API following an Update will constitute binding acceptance of the Update.
   2. Beta Services
      1. Myriota may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to the public (“Beta Services”);
      2. Beta Services may be subject to additional terms and conditions, which Myriota will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Confidential Information of Myriota and subject to the confidentiality provisions in these Terms;
      3. Myriota makes no representations or warranties that the Beta Services will function. Myriota may discontinue the Beta Services at any time in its sole discretion;
      4. Myriota will have no liability for any harm or damage arising out of or in connection with a Beta Service or use of it. The Beta Services may not work in the same way as a final version. Myriota may change or not release a final or commercial version of a Beta Service in our sole discretion.
4. Proprietary Rights
   1. The Service, the Myriota API, and all software, documentation, information, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, websites and any additional intellectual or other property used by Myriota or otherwise related to the Myriota API and/or the Service, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and related thereto (collectively, “Myriota Property”) are and will remain the sole and exclusive property of Myriota;
   2. Myriota’s technology is protected by patents in the US and elsewhere;
   3. Additional patents may be granted in other countries, or be pending in the US and elsewhere;
   4. Myriota does not acquire ownership in any Application, and by using the Myriota API and/or Service, you do not acquire ownership of any Myriota Property or any rights in the Myriota API or any aspect of the Service.
5. Myriota Trademarks
   1. Myriota hereby grants to Developer a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to display the Myriota Trademark for the sole purpose of notifying Customers that the Application is compatible with the Service;
   2. Your use of the Myriota Trademark is subject to and governed by the Myriota Brand Guidelines located at https://www.myriota.com/brand-guidelines;
   3. The Myriota Trademark may not be included in or as part of your registered corporate name, any of your logos, or any of your service or product names;
   4. You may not create any derivative works of the Myriota Trademark or use the Myriota Trademark in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Myriota;
   5. You will not otherwise use business names and/or logos in a manner that can mislead, confuse, or deceive users of your Services. All use of the Myriota Trademarks and all goodwill arising out of such use, will inure to Myriota’s benefit;
   6. You shall not use the Myriota Trademark except as expressly authorized herein without Myriota’s prior written consent. You will not remove or alter any proprietary notices or Myriota Trademarks on the Myriota API.
6. Security
   1. You will maintain the security of the Myriota API and will not make available to a third party, any token, key, password or other login credentials to the Myriota API.
   2. You will use industry standard security measures to prevent unauthorized access or use of any of the features and functionality of the Myriota API, including access by viruses, worms, or any other harmful code or material.
7. Confidentiality
   1. You may be given access to certain non-public information, software, and specifications relating to the Myriota API and/or Service, which is confidential and proprietary to Myriota (“Confidential Information”). You may use this Confidential Information only as necessary in exercising your rights granted in these Terms.
   2. You may not disclose any of this Confidential Information to any third party without Myriota’s prior written consent.
   3. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in no event with less than a reasonable degree of care.
8. Disclaimer
   1. You acknowledge and agree that use of the Myriota API is at your sole risk. To the maximum extent permitted by law, the Myriota API is presented “as is” and Myriota disclaims all warranties with respect to the Myriota API including implied warranties of merchantability, fitness for purpose, accuracy or security and excludes all liability for personal injury or any incidental, special, indirect or consequential damages (including loss of profits, loss of data or business interruption) arising out of use of or inability to use the Myriota API and/or Service.
   2. You acknowledge and agree that Myriota will not be liable for any loss of data or third-party acts in connection with the Myriota API and/or Service including hacking, malware, eavesdropping and man-in-the-middle attacks.
9. Limitation of Liability
   1. Despite anything in these Terms, you may have non-excludable rights under the Australian Consumer Law, and nothing in these Terms excludes our liability to you under any consumer guarantee set out in Part 3-2 Division 1 of the Australian Consumer Law. For any liability that cannot lawfully be excluded (including under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law), but that can be limited, our liability is limited to our choice of re-supplying or paying the cost of re-supplying services. Our liability for damages relating to the use or availability of the Myriota API will not exceed the total amount of charges, if any, paid by you to us for the Myriota API, or if no charges have been paid, an amount of AU$100.
   2. You indemnify Myriota against loss or damage suffered or incurred by us arising out of your use of the Myriota API, any Application you develop using the Myriota API including if it infringes any intellectual property right of any person and any breach by you of these Terms or any applicable laws.
   3. The relationship between a Developer and a Customer is strictly between the Developer and the Customer, and Myriota is not obligated to intervene in any dispute arising between the Developer and the Customer. Under no circumstances shall Myriota have any liability, direct or indirect, whatsoever arising, from or relating to the Developer’s relationship with any Customer. These limitations shall apply even if Myriota has been advised of the possibility of such damages.
   4. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
10. Privacy
    1. If Myriota has access to personal information (as defined in the Privacy Act 1988 (Cth)) as part of the Device Manager or providing the Service, Myriota will comply with that Act in relation to that personal information.
    2. You agree that Myriota may monitor your use of the Myriota API to ensure quality of the Service, improve Myriota products and services, and verify your compliance with these Terms.
11. Charges
    1. Myriota reserves the right to charge for use and you agree, if you continue to use the Device Manager and/or Service (as applicable) after notice of any such charge, to pay all applicable charges (or cease using the Device Manager and/or Service).
12. Internet
    1. Certain functions of the Myriota API and the Service require an active internet connection. Myriota takes no responsibility for adverse effects due to lack of or limited internet access and is not responsible for transmission errors, corruption or security of information or for the quality or availability of internet services.
13. Data
    1. You are responsible for maintaining security and protection over your data and for maintaining your own copy of or otherwise backing-up your data. You agree that Myriota may collect technical data and related information arising from your use of the Myriota API and the Service and you consent to Myriota using that data and information in an aggregated and de-identified way to improve Myriota hardware and software, compile statistics, monitor use of the Myriota API and the Service and generally in furtherance of Myriota’s business needs. We may use technology and automatic data collection tools such as web beacons, cookies, embedded web links and other information gathering tools to collect certain statistics, output and/or data.
14. Termination
    1. Termination
       1. Access to the Myriota API and/or Services may be terminated or suspended by Myriota at any time and at Myriota’s sole discretion, including for breach by you of these Terms. Termination or suspension of access to the Myriota API may negatively affect Customers who use an Application, and Developer is solely responsible to ensure that all Customers who access or use Applications are aware of this risk.
    2. Consequences of Termination
       1. Upon termination of these Terms or your access to the Myriota API:
          1. Developer shall immediately cease displaying or using any Myriota Trademarks; and
          2. all rights granted to Developer hereunder will immediately cease, including the right of Developer to access and use the Myriota API.