1. Agreement to Terms
1.1 Acceptance
By accessing or using the ProtectMyAPI service ("Service"), website, dashboard, APIs, SDKs, documentation, or any related services, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms," "Agreement").
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such case, "you" and "your" refer to that organization.
1.2 Binding Agreement
These Terms constitute a legally binding agreement between you and ProtectMyAPI ("Company," "we," "us," or "our"). If you do not agree to all of these Terms, you may not access or use the Service.
1.3 Additional Agreements
Your use of the Service is also governed by:
- Our Privacy Policy (https://protectmyapi.com/privacy)
- Our Acceptable Use Policy (Section 10 of these Terms)
- Any Service-specific terms presented during registration or use
- Data Processing Agreement (for Enterprise customers)
In case of conflict, these Terms take precedence unless otherwise specified.
2. Definitions
"Account" means the user account you create to access the Service.
"API" means Application Programming Interface, the programmatic interface through which you access the Service.
"API Key" or "App Token" means the unique authentication credential assigned to your App for accessing the Service.
"App" means a mobile application (iOS or Android) that you configure within our platform to use the Service.
"Content" means any data, text, code, configurations, files, or other materials you upload, submit, or transmit through the Service.
"Device Attestation" means the cryptographic verification process using Apple App Attest or Google Play Integrity to verify that requests originate from legitimate apps on genuine devices.
"Effective Date" means the date when you first accept these Terms or begin using the Service, whichever occurs first.
"Endpoint" means an API endpoint configuration within the Service that proxies requests to a third-party API.
"Fees" means all charges, costs, and payments associated with your use of the Service.
"Organization" means a workspace within the Service where you manage Apps, team members, and billing.
"Personal Data" has the meaning given in our Privacy Policy and applicable data protection laws.
"Secrets" means API keys, tokens, credentials, and other sensitive data you store in the Service's encrypted vault.
"Service" means the ProtectMyAPI platform, including the website, dashboard, APIs, SDKs, documentation, and all related services.
"Subscription" means a paid plan that provides access to specific features and usage limits.
"Third-Party Services" means external services (such as OpenAI, Anthropic, Google AI, Stripe) that integrate with or are accessed through the Service.
"Usage" means any use of the Service measured by API requests, data transfer, storage, or other metrics.
"User" means any individual or entity that accesses or uses the Service.
3. Description of Service
3.1 Service Overview
ProtectMyAPI is a secure API proxy platform designed for mobile applications. The Service provides:
A) Device Attestation
- Apple App Attest verification for iOS apps
- Google Play Integrity verification for Android apps
- Cryptographic proof that requests originate from legitimate apps
B) API Proxy
- Secure proxying of API requests to third-party services
- Server-side injection of API credentials
- Request/response transformation capabilities
C) Secrets Management
- Encrypted storage of API keys and credentials
- Server-side credential injection
- Secret rotation capabilities
D) Analytics and Monitoring
- Request logging and analytics
- Usage tracking and billing
- Error monitoring and debugging
E) Team Collaboration
- Multi-user organizations
- Role-based access control
- Audit logging
3.2 Service Limitations
The Service is designed for mobile application security and API proxy use cases. The Service is NOT:
- A general-purpose computing platform
- A data storage or hosting service
- A replacement for your own security practices
- A guarantee against all forms of API abuse
3.3 Supported Platforms
The Service supports:
- iOS applications (iOS 14.0+)
- Android applications (Android 8.0+)
- React Native applications
- Flutter applications
3.4 Third-Party API Support
The Service can proxy requests to any HTTP/HTTPS API, including but not limited to:
- AI providers (OpenAI, Anthropic, Google AI, Mistral, Cohere, etc.)
- Payment processors (with appropriate compliance)
- Custom APIs
- Any RESTful or GraphQL API
4. Eligibility and Account Registration
4.1 Eligibility Requirements
To use the Service, you must:
- Be at least 18 years old, or the age of majority in your jurisdiction
- Have the legal capacity to enter into binding contracts
- Not be prohibited from using the Service under applicable laws
- Not have been previously banned from the Service
4.2 Business Use
If using the Service for business purposes, you represent that:
- You have authority to bind your organization
- Your organization is legally formed and in good standing
- Your use complies with all applicable business regulations
4.3 Account Creation
To access certain features, you must create an Account by providing:
- A valid email address
- Your name (optional)
- A secure password (or OAuth authentication)
- Organization name (for business accounts)
You agree to:
- Provide accurate, current, and complete information
- Update your information as necessary
- Keep your login credentials confidential
- Accept responsibility for all activities under your Account
4.4 Account Verification
We may require verification of your identity or organization through:
- Email verification
- Phone verification
- Document verification (for Enterprise accounts)
- Payment method verification
4.5 One Account Per Person
Each individual may maintain only one Account unless:
- You have explicit written permission from us
- You are creating separate Accounts for distinct organizations
- You are using the Service in a testing/development capacity
Creating multiple Accounts to circumvent usage limits or other restrictions is strictly prohibited.
5. Account Security and Responsibilities
5.1 Credential Security
You are responsible for:
- Maintaining the confidentiality of your Account credentials
- Using strong, unique passwords
- Enabling two-factor authentication (strongly recommended)
- Not sharing your Account with unauthorized individuals
- Immediately notifying us of any unauthorized access
5.2 API Key Security
For API Keys and Secrets stored in the Service:
- Keep your App Tokens confidential
- Never expose Secrets in client-side code, logs, or public repositories
- Rotate credentials if you suspect compromise
- Use environment-specific credentials (development, staging, production)
5.3 Team Member Access
If you add team members to your Organization:
- Grant only the minimum necessary permissions
- Regularly review and audit team member access
- Remove access promptly when no longer needed
- You remain responsible for all team member actions
5.4 Unauthorized Access
You must immediately notify us at security@protectmyapi.com if you suspect:
- Unauthorized access to your Account
- Compromise of your API Keys or Secrets
- Any security breach affecting your use of the Service
5.5 Account Recovery
We may provide Account recovery options, but we are not liable for:
- Inability to recover an Account due to lost credentials
- Delays in Account recovery
- Actions taken by unauthorized users before recovery
6. Subscription Plans and Pricing
6.1 Available Plans
We offer the following subscription plans (subject to change):
Free Tier:
- Price: $0/month
- API Requests: 10,000/month
- Apps: 1
- Endpoints per App: 3
- Team Members: 1
- Analytics Retention: 7 days
- Support: Community
Pro Plan:
- Price: $29/month (or $290/year)
- API Requests: 100,000/month
- Apps: 10
- Endpoints per App: 25
- Team Members: 5
- Analytics Retention: 30 days
- Features: Caching, Request Transformation, Webhooks
- Support: Email (48-hour response)
Enterprise Plan:
- Price: $99/month (or $990/year)
- API Requests: Unlimited
- Apps: Unlimited
- Endpoints per App: Unlimited
- Team Members: Unlimited
- Analytics Retention: 365 days
- Features: All Pro features + SSO (coming soon)
- Support: Priority email (24-hour response)
Custom Plans: Contact sales@protectmyapi.com for custom volume pricing
6.2 Plan Features
Feature availability varies by plan:
| Feature | Free | Pro | Enterprise |
|---|---|---|---|
| Device Attestation | ✓ | ✓ | ✓ |
| API Proxy | ✓ | ✓ | ✓ |
| Encrypted Secrets | ✓ | ✓ | ✓ |
| Response Caching | ✗ | ✓ | ✓ |
| Request Transformation | ✗ | ✓ | ✓ |
| Webhooks | ✗ | ✓ | ✓ |
| Custom Domains | ✗ | ✗ | ✓ |
| SLA Guarantee | ✗ | ✗ | 99.9% |
| Dedicated Support | ✗ | ✗ | ✓ |
6.3 Pricing Changes
We may modify pricing with at least 30 days' advance notice. Price changes:
- Do not affect current billing periods
- Apply at the next renewal
- May be rejected by canceling before renewal
6.4 Taxes
All prices are exclusive of applicable taxes unless stated otherwise. You are responsible for paying any applicable:
- Sales tax
- Value-added tax (VAT)
- Goods and services tax (GST)
- Other similar taxes based on your jurisdiction
7. Payment Terms
7.1 Billing
Paid subscriptions are billed:
- Monthly: On the same date each month
- Annually: On the anniversary of your subscription start date
7.2 Payment Methods
We accept payment via:
- Credit cards (Visa, Mastercard, American Express)
- Debit cards
- Other methods supported by our payment processor (Stripe)
For Enterprise customers, we may offer:
- Invoice billing (Net 30)
- ACH/wire transfer
- Purchase orders
7.3 Payment Processing
Payments are processed by Stripe, Inc. By making a payment, you also agree to Stripe's Terms of Service. We do not store your full payment card details.
7.4 Automatic Renewal
Subscriptions automatically renew unless:
- You cancel before the renewal date
- Your payment method fails
- We terminate the Service or your Account
7.5 Failed Payments
If payment fails:
- We will attempt to charge your payment method again
- We may send you notifications about the failed payment
- After multiple failures, your Account may be downgraded or suspended
- You remain responsible for all outstanding charges
7.6 Refunds
Refund policy:
- Monthly subscriptions: No refunds for partial months
- Annual subscriptions: Pro-rata refunds available within 30 days
- Discretionary refunds may be provided in exceptional circumstances
To request a refund, contact billing@protectmyapi.com.
7.7 Disputes
If you dispute a charge:
- Contact us at billing@protectmyapi.com within 30 days
- Provide details about the disputed charge
- We will investigate and respond within 10 business days
Chargebacks initiated without contacting us first may result in Account suspension.
8. Free Tier and Trials
8.1 Free Tier
The free tier:
- Is available to all eligible users
- Does not require a credit card
- Includes limited features and usage
- May be modified or discontinued with notice
8.2 Free Tier Limitations
Free tier accounts are subject to:
- Usage limits as specified in Section 6.1
- Reduced analytics retention (7 days)
- Community-only support
- No SLA guarantee
8.3 Free Tier Restrictions
We reserve the right to:
- Limit free tier availability in certain regions
- Require upgrade for certain features or usage patterns
- Suspend free tier accounts that appear abandoned (no activity for 90 days)
- Prevent abuse of free tier through multiple account creation
8.4 Trials
We may offer trial periods for paid features:
- Trial terms will be communicated at sign-up
- Trials automatically convert to paid subscriptions unless canceled
- Each user/organization is eligible for one trial per feature
9. Usage Limits and Quotas
9.1 Request Limits
Your plan includes a monthly limit on API requests:
- Free: 10,000 requests/month
- Pro: 100,000 requests/month
- Enterprise: Unlimited (fair use policy applies)
Requests are counted when they reach our proxy servers, regardless of whether the upstream API call succeeds.
9.2 Quota Reset
Usage quotas reset:
- Monthly on your billing date
- Unused quota does not roll over
9.3 Overage Handling
When you reach your request limit:
At 80% Usage: Warning notification sent to account administrators
At 90% Usage: Urgent warning notification sent, upgrade recommendation provided
At 100% Usage: API requests return HTTP 429 (Too Many Requests), dashboard remains accessible, you may upgrade to restore service immediately
9.4 Rate Limiting
In addition to monthly quotas, requests are rate-limited:
- Per-device rate limits (configurable per endpoint)
- Per-IP rate limits (configurable per endpoint)
- Global rate limits for platform stability
Exceeding rate limits results in temporary request rejection (HTTP 429).
9.5 Fair Use
Even with "unlimited" plans, usage must be reasonable:
- No deliberate waste of resources
- No automated systems designed to maximize usage
- No redistribution or resale of Service capacity
We reserve the right to contact you if usage appears abnormal and to apply reasonable limits.
9.6 Usage Monitoring
You can monitor your usage:
- In the Dashboard under Billing > Usage
- Via usage alert notifications
- Through the billing API
10. Acceptable Use Policy
10.1 General Principles
You agree to use the Service:
- In compliance with all applicable laws
- In a manner that does not harm others
- In accordance with these Terms
- For legitimate business purposes
10.2 Lawful Use
You must comply with all applicable laws, including:
- Data protection and privacy laws (GDPR, CCPA, etc.)
- Export control and sanctions laws
- Intellectual property laws
- Consumer protection laws
- Anti-money laundering laws
- Any laws specific to your industry
10.3 Security Practices
You agree to:
- Implement appropriate security measures in your applications
- Not circumvent or disable security features of the Service
- Report security vulnerabilities responsibly
- Cooperate with security investigations
10.4 Responsible Use
You agree to:
- Use accurate and truthful information
- Respect the rights of others
- Not interfere with other users' use of the Service
- Not overload or impair the Service
11. Prohibited Activities
11.1 Strictly Prohibited
You may NOT use the Service to:
A) Illegal Activities
- Violate any law, regulation, or court order
- Facilitate or promote illegal activities
- Launder money or finance terrorism
- Evade taxes or other legal obligations
B) Harmful Content
- Distribute malware, viruses, or malicious code
- Engage in phishing or social engineering attacks
- Create, distribute, or access child sexual abuse material
- Promote violence, terrorism, or hate speech
- Harass, threaten, or harm others
C) Fraud and Deception
- Impersonate others or misrepresent your identity
- Create fake accounts or identities
- Engage in fraudulent transactions
- Deceive users about the nature of your application
D) Unauthorized Access
- Attempt to access other users' accounts or data
- Probe, scan, or test vulnerability of the Service
- Circumvent authentication or security measures
- Access the Service through unauthorized means
E) Service Abuse
- Reverse engineer, decompile, or disassemble the Service
- Scrape, crawl, or index the Service without permission
- Create derivative works based on the Service
- Use the Service for competitive analysis
- Resell or redistribute the Service
F) Resource Abuse
- Generate excessive load on the Service infrastructure
- Use automated systems to consume resources wastefully
- Cryptocurrency mining using Service resources
- Create multiple accounts to circumvent limits
G) Third-Party Violations
- Violate terms of third-party APIs accessed through the Service
- Use the Service to circumvent rate limits of third-party APIs
- Misrepresent your usage to third-party API providers
11.2 Content Restrictions
You may NOT transmit through the Service:
- Illegal content in any jurisdiction
- Content that infringes intellectual property rights
- Spam or unsolicited commercial messages
- Sensitive personal data without proper authorization
- Regulated data (health, financial) without compliance measures
11.3 Enforcement
Violation of these prohibitions may result in:
- Warning and request to cease activity
- Temporary suspension of Account
- Permanent termination of Account
- Legal action
- Reporting to law enforcement
12. Your Content and Data
12.1 Ownership
You retain all ownership rights to:
- Content you upload to the Service
- Data you transmit through the Service
- Secrets you store in our vault
- Configurations you create
12.2 License Grant
By using the Service, you grant us a limited license to:
- Store and process your Content as necessary for the Service
- Create backups of your Content for disaster recovery
- Analyze anonymized usage patterns to improve the Service
- Display your Content to authorized users you designate
This license:
- Is non-exclusive and royalty-free
- Is limited to operating the Service
- Does not transfer ownership
- Terminates when you delete your Content or Account
12.3 Content Responsibility
You are solely responsible for:
- The legality of your Content
- Ensuring you have rights to use and share your Content
- Backing up your Content
- The accuracy of your Content
12.4 Content Removal
We may remove Content that:
- Violates these Terms
- Is illegal
- Is reported by third parties with valid claims
- Poses security risks
We will notify you of removal when legally permitted.
12.5 Data Processing
We process your data in accordance with our Privacy Policy. For users subject to GDPR or similar laws, we act as a data processor for Customer Data and a data controller for Account information.
12.6 Data Portability
You may export your data:
- Through the Dashboard export feature
- By contacting support for bulk exports
- In standard formats (JSON, CSV)
12.7 Data Retention
After Account deletion:
- Your Content is deleted within 90 days
- Backups are deleted within 90 days
- Anonymized analytics may be retained indefinitely
- Legal hold data may be retained as required
13. Intellectual Property Rights
13.1 Our Intellectual Property
The Service and its components are protected by intellectual property laws. We own or license:
- The ProtectMyAPI name, logo, and branding
- The Service software, code, and architecture
- Documentation, tutorials, and written content
- APIs, SDKs, and developer tools
- User interface designs and user experience
- Patents, trade secrets, and know-how
13.2 Restrictions
You may NOT:
- Copy, modify, or distribute our intellectual property
- Use our trademarks without written permission
- Create derivative works based on the Service
- Reverse engineer or decompile the Service
- Remove copyright or trademark notices
13.3 SDK License
Our SDKs (iOS, Android, React Native, Flutter) are provided under the MIT License, which permits:
- Commercial and non-commercial use
- Modification and distribution
- Private use
Subject to including the copyright notice and license.
13.4 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without compensation to you.
13.5 Third-Party Intellectual Property
Respect the intellectual property rights of others:
- Only use Content you own or have rights to
- Do not infringe copyrights, trademarks, or patents
- Respond promptly to valid infringement claims
13.6 DMCA Compliance
We comply with the Digital Millennium Copyright Act (DMCA). To report copyright infringement, send a notice to:
DMCA Agent
Email: legal@protectmyapi.com
Subject: DMCA Takedown Notice
Include:
- Your contact information
- Identification of the copyrighted work
- Identification of the infringing material
- A statement of good faith belief
- A statement under penalty of perjury
- Your physical or electronic signature
14. Third-Party Services and Integrations
14.1 Third-Party APIs
The Service allows you to proxy requests to third-party APIs. You acknowledge:
A) Separate Agreements
- Your use of third-party APIs is subject to their terms of service
- You must comply with third-party API terms independently
- We are not a party to your agreement with third-party providers
B) Third-Party Terms
Common third-party providers and their terms:
- OpenAI: https://openai.com/terms
- Anthropic: https://www.anthropic.com/terms
- Google AI: https://ai.google.dev/terms
- Mistral: https://mistral.ai/terms
- Cohere: https://cohere.com/terms
C) Responsibility
- You are responsible for compliance with third-party terms
- We are not liable for third-party service outages or changes
- Third-party rate limits and quotas apply independently
14.2 Payment Processor
Payments are processed by Stripe, Inc.:
- Stripe's terms apply to payment processing
- Your payment data is handled by Stripe
- We do not store full payment card details
14.3 Authentication Providers
If you use social login (Google, GitHub, Apple):
- Those providers' terms apply to authentication
- We receive limited profile information as described in our Privacy Policy
- You can unlink accounts at any time
14.4 No Endorsement
Our integration with third-party services does not imply:
- Endorsement by us of those services
- Endorsement by those services of us
- Any partnership or affiliation
14.5 Third-Party Changes
We are not responsible for:
- Changes to third-party APIs or services
- Third-party service outages or discontinuation
- Price changes by third-party providers
- Data handling by third-party services
15. API Terms and Developer Obligations
15.1 API Access
Access to our API is subject to:
- Valid Account and subscription
- Compliance with these Terms
- Rate limits and quotas
- API-specific documentation
15.2 API Keys
API Keys (App Tokens):
- Are unique to each App
- Must be kept confidential
- Should not be shared or published
- Can be regenerated if compromised
15.3 Developer Responsibilities
As a developer using our Service, you must:
A) Proper Implementation
- Follow our SDK documentation
- Implement device attestation correctly
- Handle errors gracefully
- Keep SDKs updated
B) User Privacy
- Have a privacy policy for your app
- Disclose use of device attestation
- Handle user data appropriately
- Comply with app store guidelines
C) Security
- Store Secrets securely
- Use HTTPS for all communications
- Implement proper authentication in your app
- Report security issues responsibly
15.4 App Store Compliance
You are responsible for:
- Compliance with Apple App Store guidelines
- Compliance with Google Play Store policies
- Any app review or rejection issues
- Disclosures required by app stores
15.5 API Changes
We may modify the API with notice:
- Non-breaking changes: May be made without notice
- Breaking changes: 30 days' notice when possible
- Emergency changes: May be made immediately for security
15.6 API Deprecation
When deprecating API features:
- We will provide at least 6 months' notice
- Deprecated features will continue working during the notice period
- Migration guides will be provided
16. Device Attestation and Security
16.1 Attestation Requirements
Device attestation is a core security feature. You understand:
A) Requirements
- iOS apps must implement Apple App Attest
- Android apps must implement Google Play Integrity
- Attestation is cryptographic and hardware-backed
B) Limitations
- Attestation cannot guarantee 100% security
- Rooted/jailbroken devices may be detected and blocked
- Debug builds are blocked by default in production
C) Configuration
- You can configure attestation requirements per app
- Stricter settings improve security but may block some devices
- You are responsible for choosing appropriate settings
16.2 Security Model
The Service's security model:
A) What We Protect
- API keys are never exposed to client devices
- Requests are verified through device attestation
- Per-device rate limiting prevents abuse
B) What We Cannot Protect
- Your own app's security vulnerabilities
- Compromised backend systems
- Social engineering attacks
- Insider threats
16.3 Security Best Practices
We recommend:
- Using the highest attestation level feasible
- Implementing additional security measures in your app
- Regularly rotating Secrets
- Monitoring analytics for anomalies
- Keeping SDKs updated
16.4 No Guarantee
While we employ robust security measures, we cannot guarantee:
- Complete elimination of API abuse
- Protection against all attack vectors
- Zero vulnerabilities in the Service
- Immunity from sophisticated attacks
17. Service Level Agreement (SLA)
17.1 Availability Commitment
For Enterprise customers with SLA:
- Target uptime: 99.9% monthly
- Measured excluding scheduled maintenance
- Calculated per calendar month
17.2 Calculating Uptime
Uptime = (Total Minutes - Downtime Minutes) / Total Minutes × 100%
Downtime is when the API is completely unavailable, not including:
- Scheduled maintenance (with 48 hours' notice)
- Customer-side issues
- Third-party service outages
- Force majeure events
17.3 Service Credits
If we fail to meet the SLA:
| Monthly Uptime | Service Credit |
|---|---|
| < 99.9% - >= 99% | 10% |
| < 99% - >= 95% | 25% |
| < 95% | 50% |
Credits are applied to future invoices, not refunded in cash.
17.4 Claiming Credits
To claim credits:
- Submit a request within 30 days of the incident
- Include affected times and impact
- Email sla@protectmyapi.com
17.5 Exclusions
SLA does not apply to:
- Free tier accounts
- Pro plan accounts (unless purchased as add-on)
- Beta features
- Sandbox/development environments
18. Modifications to Service
18.1 Service Changes
We may modify the Service at any time, including:
- Adding new features
- Removing features with notice
- Changing functionality
- Updating interfaces
18.2 Notice of Changes
We will provide notice of material changes:
- Email notification for significant changes
- In-dashboard announcements
- Documentation updates
- Changelog posts
18.3 Feature Deprecation
When removing features:
- 30 days' notice for non-critical features
- 90 days' notice for critical features
- Migration assistance when feasible
18.4 Emergency Changes
We may make immediate changes without notice for:
- Security vulnerabilities
- Legal compliance
- Service stability
- Preventing abuse
19. Suspension and Termination
19.1 Termination by You
You may terminate your Account at any time:
- Through Dashboard: Settings > Account > Delete Account
- By contacting support@protectmyapi.com
Upon your termination:
- Access is revoked at the end of the current billing period
- No refunds for partial periods (except as stated in Section 7.6)
- Data is retained per our Privacy Policy deletion schedule
19.2 Termination by Us
We may terminate or suspend your Account:
A) For Cause (Immediate)
- Violation of these Terms
- Fraudulent or illegal activity
- Failure to pay after notice
- Abusive behavior toward staff
- Actions that harm other users
B) Without Cause
- With 30 days' written notice
- Pro-rata refund of prepaid amounts
19.3 Suspension
We may suspend (rather than terminate) for:
- Suspected security compromise
- Investigation of Terms violations
- Payment issues (temporary suspension)
- Unusual activity requiring verification
During suspension:
- You cannot access the Service
- Your data is preserved
- Billing may continue (depending on cause)
19.4 Appeals
If you believe termination was in error:
- Contact legal@protectmyapi.com within 30 days
- Provide relevant information
- We will review and respond within 14 days
20. Effect of Termination
20.1 Upon Termination
When your Account is terminated:
A) Immediate Effects
- Access to the Service is revoked
- API Keys stop working
- Dashboard access is removed
B) Data Handling
- Content deletion begins per Privacy Policy
- Backup data deleted within 90 days
- Some data may be retained for legal compliance
C) Billing
- Outstanding charges remain due
- Prepaid amounts handled per refund policy
- Auto-renewal stops
20.2 Survival
The following provisions survive termination:
- Section 7 (Payment Terms) – for outstanding amounts
- Section 12 (Your Content) – regarding retained data
- Section 13 (Intellectual Property)
- Section 21 (Disclaimer of Warranties)
- Section 22 (Limitation of Liability)
- Section 23 (Indemnification)
- Section 24 (Dispute Resolution)
- Section 25 (Governing Law)
20.3 No Liability
We are not liable for any consequences of termination, including:
- Loss of access to Content
- Business interruption
- Lost profits or revenue
- Costs of replacement services
21. Disclaimer of Warranties
21.1 "As Is" Basis
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
21.2 Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
A) Implied Warranties
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or completeness
B) Specific Disclaimers
- No guarantee of uninterrupted service
- No guarantee of error-free operation
- No guarantee that defects will be corrected
- No guarantee regarding security or data protection
21.3 Third-Party Services
We make no warranties regarding third-party services, including:
- Availability or performance
- Accuracy of results
- Security of data
- Compliance with their terms
21.4 Beta Features
Beta or experimental features are provided without any warranty and may:
- Contain bugs or errors
- Change without notice
- Be discontinued at any time
21.5 Jurisdictional Limitations
Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
22. Limitation of Liability
22.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:
A) Indirect Damages
- Incidental damages
- Special damages
- Consequential damages
- Punitive damages
B) Specific Exclusions
- Loss of profits or revenue
- Loss of data or content
- Loss of business opportunities
- Business interruption
- Cost of substitute services
- Reputational harm
22.2 Liability Cap
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED:
The greater of:
- The amount you paid us in the 12 months preceding the claim, OR
- One hundred US dollars ($100)
22.3 Exceptions
These limitations do not apply to:
- Liability that cannot be limited by law
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Gross negligence or willful misconduct
22.4 Essential Purpose
These limitations apply even if:
- We have been advised of the possibility of such damages
- A remedy fails of its essential purpose
22.5 Allocation of Risk
You acknowledge that:
- The Service pricing reflects this risk allocation
- These limitations are essential to the agreement
- You have had opportunity to review these terms
23. Indemnification
23.1 Your Indemnification
You agree to indemnify, defend, and hold harmless ProtectMyAPI and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, costs, and expenses (including legal fees) arising from:
- Your use of the Service
- Your Content
- Your violation of these Terms
- Your violation of any third-party rights
- Your violation of any applicable laws
- Your applications and how they use the Service
- Actions of users of your applications
23.2 Indemnification Procedure
Upon receiving a claim, we will:
- Notify you promptly
- Allow you to assume defense (subject to our approval of counsel)
- Cooperate with your defense
- Not settle without your consent (which shall not be unreasonably withheld)
23.3 Our Indemnification (Enterprise Only)
For Enterprise customers, we will indemnify you against claims that the Service infringes third-party intellectual property rights, subject to:
- Written terms in your Enterprise agreement
- Prompt notification of claims
- Control of defense and settlement
24. Dispute Resolution
24.1 Informal Resolution
Before initiating formal proceedings, you agree to:
- Contact us at legal@protectmyapi.com
- Describe the dispute in detail
- Attempt good-faith resolution for 30 days
24.2 Arbitration Agreement
If informal resolution fails, disputes shall be resolved by binding arbitration, except:
- Either party may seek injunctive relief in court
- Small claims court is available for qualifying disputes
Arbitration will be conducted:
- By a single arbitrator
- Under the rules of the American Arbitration Association (AAA)
- In the English language
- Remotely via video conference (or in-person in Delaware if required)
24.3 Class Action Waiver
YOU AND PROTECTMYAPI AGREE THAT:
- Disputes will be resolved individually
- Neither party will participate in class actions
- Neither party will participate in collective arbitration
- Neither party will participate in representative proceedings
24.4 Exceptions
This arbitration agreement does not apply to:
- Intellectual property disputes
- Emergency injunctive relief
- Claims within small claims court jurisdiction
24.5 Opt-Out
You may opt out of arbitration by:
- Sending written notice within 30 days of accepting these Terms
- Email: legal@protectmyapi.com
- Subject: "Arbitration Opt-Out"
- Include your Account email and statement of opt-out
25. Governing Law
25.1 Applicable Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.
25.2 Jurisdiction
Subject to the arbitration agreement, any legal proceedings shall be brought exclusively in:
- State courts of Delaware, or
- Federal courts in Delaware
You consent to personal jurisdiction in these courts.
25.3 International Users
If you access the Service from outside the United States:
- You are responsible for compliance with local laws
- You consent to data transfer to the United States
- Local consumer protection laws may apply
26. Changes to Terms
26.1 Modifications
We may modify these Terms at any time. Changes become effective:
- For material changes: 30 days after notice
- For non-material changes: Upon posting
- For changes required by law: Immediately
26.2 Notice
We will notify you of material changes via:
- Email to your Account email address
- In-dashboard notification
- Website announcement
26.3 Acceptance
Continued use of the Service after changes constitutes acceptance. If you do not agree to changes:
- You may terminate your Account before changes take effect
- Contact us to discuss concerns
26.4 Version History
Previous versions of these Terms are available upon request.
27. General Provisions
27.1 Entire Agreement
These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and us regarding the Service.
27.2 Severability
If any provision is found unenforceable:
- That provision will be modified to be enforceable
- Or if not possible, will be severed
- Other provisions remain in full effect
27.3 Waiver
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
27.4 Assignment
You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
27.5 Force Majeure
We are not liable for failure to perform due to circumstances beyond our reasonable control, including:
- Natural disasters
- War or terrorism
- Government actions
- Epidemics or pandemics
- Internet or utility failures
- Third-party service outages
27.6 Relationship
Nothing in these Terms creates:
- A partnership or joint venture
- An employment or agency relationship
- A franchise relationship
27.7 Third-Party Beneficiaries
These Terms do not create rights for third parties except as expressly stated.
27.8 Headings
Section headings are for convenience only and do not affect interpretation.
27.9 Language
These Terms are written in English. Translations are for convenience only; the English version controls.
27.10 Electronic Communications
You consent to receive communications electronically, including:
- Emails
- In-app notifications
- Website postings
Electronic communications satisfy legal requirements for written notices.
28. Contact Information
28.1 General Inquiries
ProtectMyAPI
Email: support@protectmyapi.com
Website: https://protectmyapi.com
28.2 Legal Matters
For legal inquiries, DMCA notices, or Terms-related questions:
Email: legal@protectmyapi.com
28.3 Billing
For billing questions or disputes:
Email: billing@protectmyapi.com
28.4 Security
For security concerns or vulnerability reports:
Email: security@protectmyapi.com
Security.txt: https://protectmyapi.com/.well-known/security.txt
28.5 Enterprise Sales
For Enterprise plans or custom agreements:
Email: enterprise@protectmyapi.com
28.6 Data Protection
For privacy-related inquiries:
Email: privacy@protectmyapi.com
DPO: dpo@protectmyapi.com
28.7 Mailing Address
ProtectMyAPI
[Your Business Address]
[City, State, ZIP]
[Country]