This Miezaan API Developer Agreement (“Agreement”) governs your use of the Miezaan digital health APIs (“API” or “Software”) to develop applications that interact with Miezaan’s products and services. By accessing, downloading, installing, or using the API, you agree to be bound by the terms of this Agreement. The Miezaan API empowers developers to create innovative health and wellness applications that leverage the data and functionality of Miezaan’s platform, fostering a thriving ecosystem of connected health solutions.
II. Acceptance and Scope
General Acceptance: By clicking “Accept” during the registration or installation process, you acknowledge that you have read, understand, and agree to be bound by this Agreement.
Scope of Agreement: This Agreement encompasses both general terms applicable to all Miezaan software distributions and specific terms relevant to the API, including related content, services, and future additions. This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings, whether written or oral.
III. Definitions
“API” or “Software” refers to the Miezaan digital health application programming interfaces, including associated documentation, code, and tools provided by Miezaan.
“Application” refers to any software program or application developed by you that incorporates the Miezaan API and adheres to the specifications and requirements outlined in this Agreement and the API Documentation.
“API Documentation” refers to the official Miezaan API documentation, guidelines, and specifications provided by Miezaan to developers.
“Authorized Users” includes you, your employees, and contractors who have a legitimate need to use the Software for development and testing purposes and have agreed to abide by the terms of this Agreement.
“Confidential Information” refers to any non-public information disclosed by Miezaan to you in connection with the API, including but not limited to technical information, business plans, marketing strategies, and user data.
“Intellectual Property Rights” means all intellectual property rights, including copyrights, patents, trademarks, trade secrets, and any other proprietary rights.
IV. Eligibility and Registration
Competency: You affirm that you are of legal age and competent to enter into this Agreement.
Registration Accuracy: You commit to providing accurate and complete information during the registration process for the API and maintaining up-to-date information.
Account Maintenance: You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.
V. Use of Software
License Grant: Miezaan grants you a non-exclusive, non-transferable, and revocable license to use the API solely for the purpose of developing Applications as permitted under this Agreement and the API Documentation.
Permissible Use: You may use the API to develop Applications that access and utilize Miezaan’s data and functionality in accordance with the API Documentation.
Prohibited Activities: You may not use the API in any manner that could damage, disable, overburden, or impair any Miezaan server or network or interfere with any other party’s use and enjoyment of the API. You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of the API. You may not sublicense, resell, or redistribute the API or any part thereof.
Usage Limitations: Miezaan may implement reasonable usage limitations or quotas to ensure fair access and prevent abuse of the API. You agree to comply with any such limitations or quotas.
VI. Intellectual Property
Ownership: All Intellectual Property Rights in the API and any modifications or updates thereto belong exclusively to Miezaan or its licensors.
User Content and Data: Any content or data generated by users of your Application remains the property of the respective users. However, you grant Miezaan a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, and display such content or data for the purposes of providing and improving the API and related services.
No Other Rights: This Agreement does not grant you any Intellectual Property Rights in the API except as expressly stated herein.
VII. Termination
By You: You may terminate this Agreement at any time by ceasing use of the API and deleting all copies in your possession.
By Miezaan: Miezaan may terminate this Agreement at any time, with or without cause, by providing you with written notice. Miezaan may also terminate this Agreement immediately if you breach any of its terms or engage in unauthorized activities.
Consequences of Termination: Upon termination, you must cease all use of the API and delete all copies of the API and any Confidential Information in your possession.
VIII. Updates and Modifications
Software Updates: Miezaan may, from time to time, update or modify the API, release new versions, or create new modules related to the API. Such updates or modifications may be included within the license granted above at Miezaan’s discretion.
Notification: Miezaan will make reasonable efforts to notify you of any material updates or modifications to the API or this Agreement via email or through the API Documentation.
IX. Confidentiality
Confidential Information: You agree to keep all Confidential Information strictly confidential and to use it only in accordance with the provisions of this Agreement. You will not disclose Confidential Information to any third party without Miezaan’s prior written consent.
Duration of Confidentiality: Your confidentiality obligations will survive the termination of this Agreement for a period of 1 year.
X. Disclaimer of Warranties
As-Is Basis: The API is provided “as is” with no warranties whatsoever, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement, or accuracy of data.
API Availability: Miezaan does not guarantee that the API will be available at all times or that it will be free from errors or interruptions.
XI. Limitation of Liability
Indirect Damages: Miezaan shall not be liable for any indirect, special, incidental, or consequential damages, including but not limited to loss of profits, data loss, or business interruption, arising out of or related to the use of the API, even if Miezaan has been advised of the possibility of such damages.
Cap on Liability: Miezaan’s total liability to you for any damages arising out of or related to this Agreement shall not exceed the amount of fees paid by you to Miezaan in the twelve (12) months preceding the claim.
XII. Data Usage and Privacy
User Data: You acknowledge that your Application may access and process user data through the API. You agree to comply with all applicable privacy laws and regulations, including but not limited to HIPAA and the GDPR, when handling user data.
Data Security: You will implement appropriate technical and organizational measures to protect user data from unauthorized access, disclosure, alteration, or destruction.
XIII. Rate Limiting and Abuse
Rate Limits: Miezaan may implement rate limits or usage quotas to ensure fair access and prevent abuse of the API. You agree to comply with any such limitations or quotas.
Abuse Prevention: You will not engage in any activity that could disrupt or impair the API or Miezaan’s systems, such as excessive requests, denial-of-service attacks, or unauthorized data scraping.
XIV. Developer Support
Support: Miezaan will provide reasonable technical support to developers using the API. Support may include email assistance, online documentation, and access to a developer forum or community.
Response Times: Miezaan will make reasonable efforts to respond to support requests within 5 business days.
XV. Attribution and Branding
Attribution: You may be required to include appropriate attribution to Miezaan when using the API in your Application, as specified in the API Documentation.
Branding Guidelines: You agree to comply with Miezaan’s branding guidelines when using Miezaan’s trademarks or logos in connection with your Application.
XVI. General Provisions
Modifications: Miezaan reserves the right to modify the terms and conditions of this Agreement at any time by providing you with thirty (30) days’ prior written notice. Changes will become effective upon posting on the Miezaan website or through the API Documentation.
Governing Law: This Agreement shall be governed by the laws of the State of Wyoming, USA, without regard to its conflict of law provisions. • Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from the agreement and the remaining provisions shall remain in full force and effect.
XVII. Contact Information
For any inquiries or notifications regarding this Agreement, please contact Miezaan at:
