Once your registration is approved, you are authorized to use the Bundeling API Materials to develop, portals, sites, applications or services that are registered with us and are designed to interact with and enhance the Bundeling Platform (“Developer Applications”) subject to the restrictions, conditions and limitations in this Agreement. To use the Bundeling API Materials you must use the approved developer key token provided by Bundeling (“API Key”). You may only use a single API Key for a single Developer Application.

You are solely responsible for the confidentiality of your API Key and may not share your API Key with any other developer or use it for more than one application or service. You agree to keep your registration, portal, site, application or service information accurate, complete, and current for so long as you use the Bundeling API Materials. You are responsible for all use that occurs under your API Key, including any activities by you or your employees, contractors or agents. If you believe an unauthorized person has gained access to your API Token we issue you, you must notify us immediately.

Bundeling may contact you from time to time about your use of the Bundeling API Materials and/or API Key, and you agree to be responsive to inquiries from Bundeling.
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Bundeling reserves the right at any time to modify or discontinue, temporarily or permanently the Bundeling API Materials, your use of the Bundeling API Materials, or any portion thereof with or without notice to you and without any form of compensation or consideration to you, regardless of the status of any of your Developer Applications. Bundeling reserves the right to create, modify and enforce controlling mechanisms such as a rate limiting structure for use of the Bundeling API Materials. Further, you acknowledge that Bundeling has no obligation to ensure that an upgrade of the Bundeling API Materials or the Bundeling Platform will be compatible with existing or planned Developer Applications.

Bundeling reserves the right to revoke your API Key or terminate or limit any uses of the Bundeling API Materials if you violate this Agreement or we otherwise object to your use of the Bundeling API Materials, including but not limited to, services or products. If you are unsure if a certain use of the Bundeling API Materials is permitted or if there is a use case you would like to see covered that is not currently supported by the API or this Agreement, please contact us at [email protected] to discuss your needs.

You agree to comply with the Bundeling Branding Guidelines, including without limitation, attributing your use of Bundeling Data in your Developer Application by using the links and logos Bundeling makes available to you. The Bundeling Brand Guidelines are available on the Bundeling developer site and may be updated by us from time to time. You understand and agree that Bundeling has the sole discretion to determine whether you are in compliance with the Bundeling Brand Guidelines.

Bundeling may use your Developer Applications and related marks and logos that you create using the Bundeling API Materials, for the purposes of promoting Bundeling and marketing and making Developer Applications available to customers or relations. However, Bundeling has no obligation to use or promote any Developer Application.

You, and not Bundeling, are responsible for providing all customer and technical support and maintenance for your Developer Applications. Bundeling has no obligation to provide any type of technical or other support for the Bundeling API Materials or any services or content related thereto, whether provided by Bundeling, by you, or by third parties.

You agree to use commercially reasonable and appropriate administrative, technical, and physical measures, including taking account of the measures described in Article 32(1) of the General Data Protection Regulation 2016 /679 (“GDPR”), to maintain the security and integrity of (i) all data you access or collect from the Bundeling API Materials including but not limited to Bundeling user personal data and usage data (collectively “Bundeling Data”), and (ii) all other data you access or collect in connection with any of your Developer Applications (“Developer Application Data”). Bundeling Data and Developer Application Data are collectively defined as “Data.” You are fully responsible for the security of Data used in connection with your Developer Applications or otherwise in your possession. You agree to comply with all applicable state and laws and rules in connection with your collection, security and dissemination of any personal, usage or transaction Data on your site or through the Developer Application. You must ensure that any Bundeling Data is encrypted and transmitted over a secure, encrypted channel (e.g., HTTPS). You must notify Bundeling of any security breach, including any personal data breach within the meaning of the GDPR, related to your Developer Application or Bundeling Data immediately or at least no later than twenty-four hours of your discovery of any such security incident.

You may not collect, use, store, aggregate or transfer any Bundeling Data in any manner except as expressly permitted by us for the use of your Developer Application. You agree not to transfer or disclose any Data to any third parties, except as expressly permitted by this Agreement, each Developer Application end user, your then-current privacy policy, and in full compliance with all applicable laws. You may not, directly or indirectly, disclose, market, sell, license or lease any Bundeling Data to any third party including but not limited to advertisers or data brokers even if your Developer Applications user consents to such use. Users of your Developer Application must be permitted to express contact preferences, via notice and opt-out, at the point of collection and in each subsequent marketing piece. If you are acquired or merge with a third party, you must give Bundeling notice of such transaction.

Your use of the Bundeling API Materials may be subject to certain limitations on access, data requests, and use as set forth on the Bundeling API Documentation web page. If we believe that you have attempted to exceed or circumvent these limitations, your ability to use the Bundeling API Materials may be temporarily or permanently blocked. We may monitor your use of the Bundeling API Materials to improve the Bundeling API Materials or the Bundeling Platform, and to ensure compliance with this Agreement. Your use of certain endpoints may be subject to certain limitations on access as established by Bundeling from time to time. If you desire to implement an endpoint or scope in a manner that would exceed the limitations on access, please contact us. You may not, and may not encourage or allow any third party to interfere with, hinder, limit, or modify any notices or authorization or consent requests provided by Bundeling.

You agree that Bundeling may collect certain use data and information related to your use of the Bundeling API Materials, and Bundeling Platform in connection with your Developer Application (“Usage Data”), and that Bundeling may use such Usage Data for any business purpose, internal or external, including, without limitation, providing enhancements to the Bundeling API Materials or Bundeling Platform, providing developer of user support, or otherwise. You agree to include a statement to this effect in your privacy policy.

You may include advertisements in your Developer Application but you must not use Bundeling Data in any advertisements without Bundeling’s express written consent. Your advertisements may not be displayed in any manner that suggests approval or endorsement by Bundeling.

In general, we reserve the sole right to determine whether or not your use of the Bundeling API Materials is acceptable, and to revoke Bundeling API Materials access for any Developer Application that we determine is not providing added benefit to Bundeling users and/or is not in the best interests of Bundeling or our users. The following are some, but not all, restrictions applicable to the use of the Bundeling API Materials including, but not limited to, Bundeling Data:

Bundeling and its third-party providers may make improvements and/or changes in the data and functionality provided by the Bundeling API Materials at any time without notice.

Access to and use of the Bundeling API Materials and the Bundeling Platform are currently provided at no charge. Bundeling reserves the right to charge you for use of the Bundeling API Materials and access to the Bundeling Platform, and such updates may include such charges or updates to such charges, in the future at our discretion, including, without limitation, rated pricing and/or differentiated pricing for business users. We will provide you with notice in the event we decide to start charging for use.

If you do not agree to any such charges or updates, you must cancel your access to the API within such 30-day notice period as set forth in “Cancellation” below.
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You may cancel your access to the Bundeling API Materials at any time by notifying Bundeling at [email protected], or by ceasing all use of the Bundeling API Materials and Bundeling Platform, and deleting all copies of all Bundeling API Materials (including all Bundeling Data) in your possession or control. Bundeling may cease making the Bundeling API Materials available at any time as set forth in Section 2. You agree that Bundeling shall not be liable to you or to any third party for any access, use, modification, suspension or discontinuance of the API, Services or any portion thereof.

Bundeling may terminate your access to the Bundeling API Materials immediately if you do not comply with the Service Terms or this Agreement, are you are engaged in any activity that may expose Bundeling to risk or liability of any kind, or if we otherwise reasonably object to your use of the Bundeling API Materials. You agree that Bundeling shall not be liable to you or any third party for any costs, liabilities, losses, expenses, or damages that may result from termination of this Agreement or your access to the Bundeling API Materials.

The following Sections of this Agreement shall survive any termination or expiration: 4, 5, 10-16.

Upon any termination of this Agreement, you will promptly cease using and permanently delete all the Bundeling API Materials, the Bundeling Platform, and Bundeling Data provided hereunder and so certify in writing to Bundeling.
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Your Developer Application must respect the privacy of the Bundeling users. You may use and retain Data only so long as necessary for the purpose you originally obtained it, subject to Section 7 below. If your Developer Application does not collect the authentication credentials of a Bundeling user, then you are not permitted to display any data or use any functionality via the API Materials that is not available to a logged out user. If your Developer Application logs into Bundeling for a specific user, then you are permitted to access and display data or functionality only for that Bundeling user, and you may not disclose such data to, or use it for, another user or any other third party without a lawful basis. Your Developer Application shall have a lawful privacy policy, including GDPR compliance, accessible with reasonably prominent hyperlinks that does not conflict with or supersede the Bundeling Privacy Policy and that explains how you collect, store, use, and/or transfer any Personal Data (defined below) via your Developer Applications. You also agree to comply with all privacy and data protection laws applicable to you.

If your use of the Bundeling API Materials or Personal Data requires or will likely result in the provision of Personal Data directly to Bundeling, you agree to obtain all necessary consents and authorizations from the applicable users to provide such Personal Data to Bundeling. You will also take steps to ensure that such users are aware of this processing and disclosure in such cases, including by adding a statement to this effect in your privacy policy. Bundeling will treat Personal Data obtained from you through your use of the Bundeling API Materials in accordance with Bundeling’s then-current Privacy Policy.

Unless otherwise required by applicable law or agreement with the applicable user to retain such data, if a user revokes the authorization previously granted for your Developer Applications to access to their Bundeling account, you must ensure that all Personal Data pertaining to that user is deleted from your Developer Applications and related networks, systems and servers. If you stop using the Bundeling API Materials altogether or if your Bundeling API Materials access is revoked, you must delete all Personal- and Bundeling Data in the same way.

You agree to process and use Personal Data in a manner consistent with all applicable data protection and privacy laws, including as applicable the GDPR. If for any reason you are unable to comply with any privacy requirement of the Service Terms you must promptly inform Bundeling and take reasonable and appropriate steps to remedy any non-compliance, or cease your access to the API and use of all Personal Data.

“Personal Data” means data that may be used, either alone or together with other information, to identify an individual user, including, without limitation, a user’s name, address, telephone number, username, email address, city and country, geolocation, unique identifiers, picture, or other similar information and includes personal data as defined in the GDPR.
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Bundeling is responsible for protecting the security of Personal Data in its possession and will maintain commercially reasonable and appropriate administrative, technical, and physical procedures to protect all the Personal Data regarding its customers that is stored in Bundeling’s servers from unauthorized access and accidental loss or modification. However, Bundeling cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such Personal Data for improper purposes. You acknowledge that if you provide Personal Data to Bundeling, you do so at your own risk. We recommend that you review our Privacy Policy, which will help you understand how we collect, use and safeguard the Personal Data you may provide to us.

Bundeling may provide, suggest or mandate security procedures and controls intended to reduce the risk to you of fraud or security breaches (“Security Controls”). These Security Controls may include processes or applications that are developed by Bundeling or by third parties for users logging into their Bundeling account. You agree to review all Security Controls and choose those that are appropriate for your business and the Developer Application to protect against unauthorized transactions and, if necessary, use other procedures and controls not provided by us.
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You agree that Bundeling and its affiliates and licensors retain all worldwide right, title and interest in and to the Bundeling API Materials, Bundeling Data, Bundeling Marks and the Bundeling Platform, including, without limitation, all intellectual property rights therein. Any rights not expressly granted herein are prohibited and reserved.

You understand that Bundeling may currently or in the future develop products and services that may be similar to or compete with your Developer Applications. Nothing in this Agreement shall in any way restrict Bundeling from pursuing any business activities or from entering into any agreement with any other person or company.

In the event that you choose to provide Bundeling with feedback, suggestions or comments regarding the Bundeling API Materials or the Bundeling Platform, or your use thereof, you agree that Bundeling will be free to use, copy, modify, create derivative works, distribute, publicly display, publicly perform, grant sublicenses to, and otherwise exploit in any manner such feedback, suggestions or comments, for any and all purposes, with no obligation of any kind to you.

To facilitate your Bundeling API Materials integration, Bundeling may make certain SDK(s) and/or libraries available to you under a separate open source license. You agree that any Bundeling API integration facilitated with such open source SDK(s) and/or libraries remains subject to this Agreement.

You hereby grant to Bundeling a paid-up, royalty-free, non-exclusive, worldwide, transferable, sublicenseable, right and license, under all applicable intellectual property rights, for Bundeling’s marketing and promotional purposes to: (a) use, perform, make available, display to the public, reproduce your Developer Application and your integration of the Bundeling API Materials and (b) use your name, likeness, or brand (which includes all your trademarks, service marks, logos, brand names, or trade names) (“Your Marks”) to the extent it is incorporated into your Developer Application. Following the termination of this Agreement and upon written request from you, Bundeling shall make commercially reasonable efforts, as determined in its sole discretion, to remove references to your Develop Application and any of Your Marks from the Bundeling website.
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You represent and warrant to us that: (a) if you are a sole proprietor, you are at least 18 years of age or, if you are under 18 years of age, you’ve obtained and can evidence consent from your parent or legal guardian to your execution of this Agreement and use of the Bundeling API Materials and/or Bundeling Platform in the manner prescribed by Bundeling; (b) you are eligible to register and use the Bundeling API Materials and have the right, power, and ability to enter into and perform under this Agreement; (c) the information you submit as part of your registration is current, accurate, and complete; (d) you will not engage in any unfair, deceptive, or abusive acts or practices when utilizing the Bundeling API Materials or the Bundeling Platform or when you market or sell the Developer Application; (e) you will fulfill all of your obligations to each customer to which you provide the Developer Application and will resolve any customer dispute or complaint directly with your customer; (f) you and all transactions effected via the Bundeling API Materials or the Developer Application will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations; g) you will not use the Bundeling API Materials, Bundeling Platform, Bundeling Data, or Developer Application, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner so as to interfere with the normal operation of the Bundeling Platform; (h) you have all rights, including all copyright, trademark and other intellectual property rights, in the Developer Applications necessary to offer the Developer Applications to end users and to grant the license to Bundeling in this Agreement; (i) you comply with and will continue to comply with all applicable privacy and data protection laws; and (i) you have implemented and will maintain appropriate technical and organisational security measures in accordance with the Terms and conditions and applicable law.

THE BUNDELING API MATERIALS, BUNDELING DATA, BUNDELING MARKS, AND BUNDELING PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND BUNDELING DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

BUNDELING MAKES NO WARRANTY (i) THAT THE BUNDELING API MATERIALS WILL MEET YOUR OR YOUR CUSTOMERS’ REQUIREMENTS, OR THOSE OF YOUR DEVELOPER APPLICATION, (ii) THAT YOUR USE OF THE API WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND/OR (iii) THAT ANY ERRORS IN THE BUNDELING API MATERIALS WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE BUNDELING API MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR OTHERS’ COMPUTER SYSTEM/NETWORK OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR THE USE OF THE API.
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IN NO EVENT WILL BUNDELING OR ITS EMPLOYEES, AGENTS, USERS OR PARTNERS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE BUNDELING API MATERIALS, BUNDELING MARKS, BUNDELING DATA, OR BUNDELING PLATFORM, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

BUNDELING’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (i) THE FEES YOU PAID TO BUNDELING FOR USE OF THE BUNDELING API MATERIALS IN THE LAST YEAR OR (ii) ONE HUNDRED EUROS (€100).

Equitable Remedies. You acknowledge that your breach of this Agreement may cause irreparable harm to Bundeling. Accordingly, you agree that, in addition to any other remedies to which Bundeling may be legally entitled, Bundeling shall have the right to seek immediate injunctive relief in the event of a breach of such sections by you or any of your officers, employees, consultants or other agents.

Where pursuant to Article 82(4) of the GDPR, either party is found to be liable for the entire damage arising from a breach or breaches of the GDPR relating to activities under the Service Terms, in order to ensure effective compensation of a one or more individuals, then the other party shall indemnify that party for that portion of the compensation attributable to any breaches of GDPR giving rise to the compensation for which it is responsible.
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Applicable Law, Jurisdiction and Venue.

Any dispute arising out of this Agreement shall be governed by Netherlands law, without regard to conflict of law provisions thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the court Oost-brabant, location Eindhoven, for any legal proceedings related to the Bundeling API Materials, Bundeling Platform or this Agreement. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of the Bundeling API Materials, Bundeling Platform or this Agreement, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Bundeling API Materials, Bundeling Platform or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

Assignment

You may not assign, delegate or otherwise transfer your obligations under this Agreement without the prior written consent of Bundeling. Bundeling has the right, in its sole discretion, to transfer or assign all or any part of its rights under this Agreement. Any attempted assignment in violation of this paragraph is void.

English Language

This Agreement was drafted in English and the English-language version shall control in the event of a conflict with any translated version.

Modifications

Except as set forth in “Changes to Services and Agreement” above, all amendments to this Agreement must be made in a writing.

Entire Agreement; Headings

This Agreement constitute the entire agreement among the parties with respect to the subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications. Headings are included in this Agreement for convenience only, and will not be considered in interpreting this Agreement.

Independent Contractors

This Agreement does not create or imply any partnership, agency or joint venture between the parties. For the purposes of Article 26 of the GDPR, the parties acknowledge that each party is a separate and independent controller of the personal data which it discloses or receives under this Agreement. The parties do not and will not process personal data which it discloses or receives under the Agreement as joint controllers. Each party shall be individually and separately responsible for complying with the obligations that apply to it as a controller under applicable data protection and privacy laws. It is agreed that where either party receives a request from a data subject in respect of personal data controlled by the other party, where relevant, the party receiving such request will direct the data subject to the other party, as applicable, in order to enable the other party to respond directly to the data subject’s request.

Waivers; Severability

No waiver by Bundeling of any right under this Agreement will be effective unless set forth in a writing authorized by Bundeling. Our delay or failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision. If any part of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this agreement will remain in full force and effect.

Notices; Legal Process

All notices to you in connection with this Agreement may be delivered via email at the email address provided to Bundeling by you. Bundeling may respond to and comply with any writ of attachment, lien, levy, subpoena, warrant, or other legal order (“Legal Process”) that we believe to be valid. We may deliver, subject to the terms of our Pravacy Policy, any information as required under such Legal Process. Where permitted, we will use reasonable efforts to provide you notice of such Legal Process by sending a copy to the email address we have on file for you. Bundeling is not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with Legal Process.