TIQK API Terms of Service (the “Terms”)
An agreement you must accept in order to use the TIQK API
1. Key API Definitions
1.1 Application – Any software application, website, or product you create or service you offer using the TIQK API (defined below).
1.2 API Documentation – The documentation, data and information that TIQK provides regarding the use of the TIQK API through the Developer Site.
1.3 Data – means any data and content uploaded, posted, transmitted or otherwise made available by users via the Services, including files, descriptions, comments, notes, user profile information, financial adviser names and licence numbers, and anything else entered or uploaded into the Service by a user of the Service.
1.4 Developer Site – TIQK’s Developer site found at https://api-docs.tiqk.com
1.5 TIQK API or “TIQK Public API” or “our API” – The publicly available TIQK Application Programming Interface (“API”) as well as the related API Documentation.
1.6 TIQK Brand – The TIQK brand and brand assets, including names, logos, trade names and trademarks.
1.7 TIQK Service(s) – The items listed in section 1, as well as the website https://tiqk.io (the “Site”), and all software, applications, data, reports, text, images, and other content made available by or on behalf of TIQK through any of the foregoing. The “Service” does not include Data or any software application or service that is provided by you or a third party (including Applications), whether or not TIQK designates them as “official integrations”.
1.8 You – “You” means you in your personal capacity as well as any organisation you work for if you’re accessing the TIQK API in the course of your employment.
2. API Licence
a) Subject to your compliance with these Terms, TIQK grants you a limited, non-exclusive, non-assignable, non-transferable licence to use our API to develop, test, and support any software application, website, or product, and to integrate the TIQK API with your Application.
b) Your licence is subject to the limitations set forth in clauses 3.2 through 3.11 below ("Use of API and TIQK Data"), the TIQK Terms and Conditions set out at https://help.tiqk.io/terms-privacy-security-and-data/tiqk-terms-conditions, and you agree that violation of section 3 ("Use of API and TIQK Data") of this TIQK API Terms of Service will automatically terminate your licence to use the TIQK API.
3. Use of API and TIQK Data
The following identifies limitations on use related to the TIQK API:
3.1 Reliance on API. TIQK is still evolving, and we need the flexibility to occasionally make changes to our API, including backwards incompatible ones. We will try to give notice of these changes, but you should regularly check the TIQK Release Notes and Announcements at https://help.tiqk.io/announcements-and-updates for updates. Also, parts of our API are undocumented, including certain methods, events, and properties. Given that these undocumented aspects of our API may change at any time, you should not rely on these behaviours.
3.2 Applicable laws or agreements. You must not use the TIQK API in violation of any law or regulation, or rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms or TIQK’s other agreements to which you are subject.
3.3 Scope of acceptable use. You must not use the TIQK API or any other technology in a manner that accesses or uses any information beyond what TIQK allows under these Terms or the Documentation; that changes the TIQK Service; that breaks or circumvents any of TIQK’s technical, administrative, process or security measures; that disrupts or degrades the performance of the TIQK Service or the TIQK API; or that tests the vulnerability of TIQK’s systems or networks.
3.4 Malware. You must not transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data.
3.5 Reverse engineering. You must not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the TIQK API or portion thereof;
3.6 Functionality. You must not use the TIQK API to replicate or compete with core products or services offered by TIQK. You acknowledge and agree that TIQK has or may in the future offer products or services that are similar to your Application, and nothing will prevent TIQK from doing so;
3.7 Commercial Use. You may charge for your Application. However, you must not sell, rent, lease, sublicence, redistribute, or syndicate access to the TIQK API.
3.8 Advertising. You may place advertisements on and around your Application. However, you must not:
a) Place any advertisements within TIQK Service channels, and your advertisements must not resemble or be reasonably likely to confuse users as being a TIQK Service message;
b) Use Data or any content from TIQK in any advertisements or for purposes of targeting advertisements, in your Application or elsewhere; or
c) Use contact information obtained from TIQK (including email addresses) to contact TIQK users outside of TIQK without their express permission.
3.9 Rate Limits. You must not attempt to exceed or circumvent limitations on access, calls and use of TIQK API, or otherwise use the TIQK API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of these Terms, the Documentation, or the TIQK Terms and Conditions set out at https://help.tiqk.io/terms-privacy-security-and-data/tiqk-terms-conditions
3.10 Use for promotion of gambling or adult content. You must not use the TIQK API in any Application that includes adult content, promotes gambling, or otherwise violates any applicable law or regulation.
3.11 Distribution of your application. You must not distribute or allow access to the TIQK API to anyone other than, if applicable, the company on whose behalf you entered into these Terms. Anyone who wants to access our API must agree to be bound by these Terms.
4. Use of TIQK Brand or Marks
4.1 Brand Features Licence and Publicity Rights
4.1.2 You may promote your Application, including talking to traditional and online media and your users about your Application, so long as you do so truthfully and without implying that your Application is created or endorsed by TIQK (or otherwise embellishing your relationship with TIQK). However, you must not issue any formal press release via traditional or online media referring to TIQK without TIQK’s prior consent, unless expressly allowed in the TIQK Brand Guidelines.
4.2.1 When displaying or streaming data obtained from the TIQK API (including in aggregated form, or combined or calculated with other data), you must ensure that your Application:
a) credits TIQK as the source of that data using the approved "Powered by TIQK" graphic provided by TIQK, clearly visible and placed adjacent to the data; and
b) includes (in the case of web pages, desktop and mobile apps, and electronic files) a clearly accessible backlink to https://tiqk.com either from or placed adjacent to the "Powered by TIQK" graphic.
4.2.2 We may occasionally provide buttons, logos and other branding elements featuring certain TIQK Marks for use within your app, including for the purposes of some of the attributions required above - these resources will be made available by TIQK. You can use these resources as we direct and must not make any changes or modifications.
4.3 Naming Your Application - You must not use any TIQK Marks, or any confusingly similar mark, as the name or part of the name of your app (for example, "TIQKable"), or as part of any logo, icon or branding for your app.
4.4 Promoting Your Application - Generally, you must not use any TIQK Marks in any advertising, promotional or marketing materials for your application. However, you may use the name "TIQK®" in a written description of your application in order to describe the fact that your application connects to TIQK® via the TIQK® API but not in the name of your application. If you do this, you must make sure that the TIQK Marks are presented according to the TIQK Brand Guidelines. You must not use the name in any way that takes unfair advantage of our goodwill or reputation in the TIQK Marks, and you must not make any suggestion, directly or indirectly, that your application is an official TIQK® application or is endorsed by TIQK in any way.
4.5 Domain Names - You must not operate your application from any domain that includes the word "TIQK" or any obvious derivation or misspelling of the word "TIQK", or from any domain that is likely to cause an end user to believe that your app originates from or is endorsed by TIQK.
4.6 Updates - If we amend or update any of the TIQK Marks or any of the TIQK Materials mentioned above, we reserve the right to require you to use the updated versions, and you shall commence using those updated versions in place of the previous versions promptly following any notification from us to that effect (and in the case of software Applications, with effect from your next version release).
4.2 TIQK Brand Use Restrictions
You must not:
a) Display our Brand Features in any way that is misleading, defamatory, infringing, libellous, disparaging, obscene, or otherwise objectionable to TIQK in its sole discretion; or
b) Remove any legal, copyright, trademark, watermark or other proprietary rights notices contained in or on Content or any other materials you receive or access pursuant to these Terms.
5. Storage of Data
5.1 Caching Data. Where Data is cached, you should refresh the cache at least every 24 hours.
5.2 Secure Storage Measures. All Data should be stored and served using strong encryption.
5.3 Deletion at Termination. If we terminate your use of the TIQK API for any reason, then you must permanently delete all Data and any other information that you stored pursuant to your use of the TIQK API immediately, except when doing so would cause you to violate any law or obligation imposed by a governmental authority.
5.4 No Other Storing. You must not copy or store any Data or capture or store any information expressed by the Data (such as hashed or transferred data), except to the extent permitted by these Terms.
7. Security Measures
7.1 Protections. The network, operating system and software of your web servers, databases, and computer systems (collectively, “Your Systems”) must be properly configured to securely operate your Application and store Data. Your Application must use reasonable security measures to protect your users’ information. You must not architect or select Your Systems in a manner to avoid the foregoing obligation.
7.2 Reporting. You must promptly report any security deficiencies in, or intrusions to, your Systems to TIQK in writing via email to firstname.lastname@example.org or subsequent contact information posted on the Developer Site. This includes any unauthorized access, use, disclosure or destruction of Data. You will work with TIQK to immediately correct any security deficiency and will immediately disconnect any intrusions or intruder. In the event of any security deficiency or intrusion involving the Application, TIQK API or Data, you will make no public statements regarding such deficiencies or intrusions (e.g., press, blogs, social media, bulletin boards, etc.) without prior written and express permission from TIQK in each instance.
As between you and us, we own all rights, title, and interest, including all intellectual property rights, in and to, the (1) TIQK API, Documentation, and all elements and components thereof; (2) Data; (3) TIQK Services; and (4) Brand Features (collectively, the “TIQK Materials”). The only exception to this is Data that you as a TIQK user have licenced to TIQK under these Terms, which governs that Data. Except for the express licences granted in these Terms, TIQK does not grant you any right, title, or interest in the TIQK Materials. You agree to take such actions as TIQK may reasonably request to perfect TIQK’s rights to the TIQK Materials.
9. Term and Termination
9.1 Duration of Terms. These Terms will go into effect on the date upon which you agree to them, by accessing or using the TIQK API, and will continue until terminated as set forth herein.
9.2 Your Right to Terminate. You may terminate these Terms by discontinuing use of our API.
9.3 Suspension; Termination. We may change, suspend or discontinue the TIQK API and suspend or terminate your use of the TIQK API, the TIQK Service, and/or TIQK Brand at any time and for any reason, without notice. Without limiting the foregoing, we may limit your Application's access to the TIQK API if it, in our sole discretion, may negatively affect our Service or our ability to provide our Service.
9.4 Effect of Termination. Upon termination of these Terms:
9.4.1 All rights and licences granted to you will terminate immediately;
9.4.2 You must promptly destroy Documentation and any other TIQK information in your possession or control that was received under these Terms;
9.4.3 Unless we agree otherwise in writing or as stated in these Terms, you must permanently delete all Data and other information that you stored pursuant to your use of the TIQK API. TIQK may request that you certify in writing your compliance with this section; and
10. Other Important Terms
10.1 Legal Representations. You represent and warrant to TIQK that, excluding TIQK Materials, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your Application, and that use of your Application by TIQK and its users will not violate the rights of any third party (e.g., copyright, patent, trademark, privacy, publicity or other proprietary right of any person or entity), or any applicable regulation or law, including the Copyright Act 1968 (Australia) and the Digital Millennium Copyright Act (USA) as modified or replaced from time to time, the laws of any country in which your Application is made available and any applicable export laws.
10.2 Modification of these Terms. We may change, add to or delete these Terms or any portion thereof from time to time in our sole discretion. If we make a material change to these Terms, we will provide you with reasonable notice prior to the changes either by emailing the email address associated with your account or by posting a notice on the Developer Site. You acknowledge that these updates and modifications may adversely impact how you access, use, and communicate with the TIQK API. If any change in unacceptable to you, then your only recourse is to cease all use of the TIQK API. Your continued access or use of the TIQK API will mean that you agree to the updates and modifications.
10.3 Jurisdiction. TIQK is based in Australia. The laws of NSW, Australia govern these Terms, and by using the API you submit to the jurisdiction of the courts in NSW.
11. Liability and indemnity.
11.1 You are liable and responsible for:
a) any Application;
b) your use of the API;
c) your disclosure of any Data;
d) any services, messages, data or other materials you provide through an Application;
e) your breach of any intellectual property rights belonging to TIQK or anybody else;
f) your breach of any code, regulation, law, third party contract (or terms of service) which may apply; and
g) your breach of these user terms.
11.2 We have no responsibility to you or to any other person for all liabilities, costs, expenses (including legal fees) and loss arising from third party claims due to any of the matters set out in this section 11. You agree to indemnify TIQK, its directors, officers, employees and agents from all such losses.
11.3 We reserve the right to assume, at our own expense, the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to cooperate with our defence of such a claim.
11.4 You should carefully assess whether the API and the TIQK Services are suitable for your needs. All TIQK Services are provided on an as-is basis.