Drivr API Terms of Use

Thank you for wanting to use the Drivr application programming interfaces (the "Drivr APIs"). By using the Drivr APIs, you agree to the terms below. If you disagree with any of these terms, Drivr does not grant you a license to use the Drivr 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 docs.drivr.com
Your license to the Drivr 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 Drivr APIs. Drivr may terminate the license at any time for any reason. Your rights to use the Drivr APIs terminate automatically if (i) you violate any of these terms, (ii) Drivr publicly posts a written notice of termination on Drivr.com, (iii) Drivr sends a written notice of termination to you, or (iv) Drivr disables your access to the Drivr APIs.
1. Licensed Uses and Restrictions.
The Drivr APIs are owned by Drivr 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 Drivr APIs, including all updates, revisions, substitutions, and any copies of the Drivr APIs made by or for you. Drivr user photos and videos ("User Content") are owned by the users and not by Drivr. All rights not expressly granted to you are reserved by Drivr.
You shall:
Comply with the Drivr Terms of Use as set forth below.
Comply with any requirements or restrictions imposed on usage of transport services, as set forth with the local transport providers (User) using the Drivr platforms.
Comply with any other terms and conditions a platform user has attached to his or her User Content. 
Remove from your application within 24 hours any User Content or other information that the owner of the content asks you to remove.
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.
You shall not:
Use the Drivr APIs for any application that replicates or attempts to replace the essential user experience of Drivr.com or the Drivr apps.
Use the Drivr APIs to spam, incentivize, or harass users.
Participate in any "like", "share", "comment", or "follower" exchange programs.
Use the Drivr APIs to place invalid and false transport bookings to Drivr. Any booking placed to the Drivr API, must be produced by a real person with an actual transportation need.
Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use Drivr APIs.
If more than 5% of the bookings placed, result in a “No Show” as defined in the API, you are liable to cover any cost the transport partner may have incurred while attempting to offer transport services in association with the bookings you have placed.
Cache or store any User Content other than for reasonable periods in order to provide the service you are providing to Drivr users.
Use the Drivr APIs for any application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
Use the Drivr APIs in any manner or for any purpose that violates any law or regulation, or any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
Use Drivr as a generic transport booking service that also includes banners advertisements, graphics, etc. on the same site.
Use the Drivr APIs in a manner that adversely impacts the stability of Drivr.com servers or adversely impacts the behavior of other applications using the Drivr APIs. Further, we reserve the right to rate limit or block applications that make a large number of calls to the API that are not primarily in response to direct user actions.
Sell, lease, or sublicense the Drivr APIs or access thereto or derive revenues from the use or provision of the Drivr APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.
2. Brand Assets.
It is not permitted to use Drivr's brand assets (e.g., the Drivr name and logo) unless specifically allowed by Drivr in writing.
3. Ownership and Relationship of Parties.
The Drivr APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the Denmark and other countries. Drivr's rights apply to the Drivr APIs and all output and executables of the Drivr APIs, excluding any software components developed by you which do not themselves incorporate the Drivr APIs or any output or executables of the Drivr 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. Drivr owns all rights, title, and interest in and to the Drivr APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Drivr, including (but not limited to) the Drivr APIs and Drivr trademarks.
4. Support.
Drivr may elect to provide you with support or modifications for the Drivr APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Drivr may change, suspend, or discontinue any aspect of the Drivr APIs at any time, including the availability of any Drivr APIs. Drivr may also impose limits on certain features and services or restrict your access to parts or all of the Drivr APIs or the Drivr Web site without notice or liability.
5. Fees and Payments.
Drivr may charge for the use of the API if it wishes to. If you do not accept proposed pricing structure of Drivr, Drivr may terminate your access to the API without notice. You agree that any unapproved use of the API, brands and marks of Drivr and code will result in a penalty fee of €50.000. 
6. Disclaimer of Any Warranty.
Some of the Drivr APIs may be experimental and not tested in any manner. Drivr does not represent or warrant that any Drivr APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.
The Drivr APIs are provided "as is" with no warranty, express or implied, of any kind and Drivr 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 Drivr APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Drivr APIs including, but not limited to, any damage to your computer system or loss of data.
7. Limitation of Liability.
Drivr 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 Drivr 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 Drivr has been advised of the possibility of such damages. Under no circumstances shall Drivr be liable to you for any amount.
8. 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 6 and 7 may not apply to you.
9. Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Drivr, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the Drivr APIs.
10. Hold Harmless and Indemnity.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Drivr and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Drivr APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Drivr shall use good faith efforts to provide you with written notice of such claim, suit or action.
11. General Terms.
Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the API Terms of Use, you and Drivr shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Drivr, express or implied, and you shall not attempt to bind Drivr to any contract.
Invalidity of Specific Terms. If any provision of the API 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 that the other provisions remain in full force and effect.
Location of Lawsuit and Choice of Law. The API Terms of Use and the relationship between you and Drivr shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Drivr agree to submit to the personal jurisdiction of the courts located within the county of San Mateo, California.
No Waiver of Rights by Drivr. Drivr's failure to exercise or enforce any right or provision of the API Terms of Use shall not constitute a waiver of such right or provision.
Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the API Terms of Use. Any construction or interpretation to be made of the API Terms of Use shall not be construed against the drafter. The API Terms of Use constitute the entire agreement between Drivr and you with respect to the subject matter hereof.