Terms & Conditions
TE Connectivity Corporation API Terms and Conditions User Agreement dated February 14, 2024
This API Terms and Conditions User Agreement (āAgreementā) applies to your access and use of the application programming interface (āAPIā) that is made available by TE Connectivity Corporation and its affiliates, which are part of the TE Connectivity Ltd. family of companies, and any and all data, images, text, or other information or content transmitted through the API (the "TE Connectivity Data"). āTEā āweā āusā and āourā means TE Connectivity Corporation and its affiliates, which are part of the TE Connectivity Ltd. family of companies. āYouā āyouā or āYourā or āyourā means the user of the API and TE Connectivity Data. BY CHECKING THE BOX INDICATING THAT YOU AGREE TO THIS AGREEMENT, OR BY ACCESSING OR USING THE API OR TE CONNECTIVITY DATA, YOU (A) AGREE TO BE BOUND BY THIS AGREEMENT AND THE TERMS AND USE OF TE.COM AND PRIVACY POLICY; AND (B) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO THIS AGREEMENT. IN ADDITION, IF THIS AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THE TERMS OF THIS AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THE TERMS OF THIS AGREEMENT.
1. Purpose. The API is made available by TE to enable you to access commercially valuable TE Connectivity Data for your or your end users use within your web site and/or software application approved by TE (āApplicationā) in ways that complement and enhance TEās own products and services (āPermitted Purposesā). Any use of the API that is competitive to or inconsistent with TEās own products and services is expressly not permitted. TE reserves the right to continually review and evaluate all uses of the API and will determine whether specific uses of the API are Permitted Purposes or not permitted in its sole discretion. TEās failure to immediately terminate any user of the TE API for a non-permitted purpose shall in no way be construed as a waiver of its ability to terminate such user later or any other user. TE reserves the right to request information related to your use of any TE API and your compliance with this Agreement. Failure to timely and completely respond to such request may result in termination. In addition, TE may provide code samples or other software ("Software") to assist you in connecting to and using the API. Your use of Software also is subject to the terms and conditions of this Agreement.
2. Registration and Access Request. To begin the enrollment process, you must submit a complete and accurate access request form which includes your company email address. In your access request form, you must describe the Application you intend to develop and use with the API or on which you intend to display TE Connectivity Data. We will evaluate your access request form and notify you by email of its acceptance or rejection. We reserve the right to reject your request form in the event we determine that your Application is unsuitable. Unsuitable applications include, but are not limited to those applications that: (a) do not have as their principal purpose advertising and marketing the TE Connectivity Data and driving sales of TE products and services; (b) promote or undertake illegal activities or otherwise violate applicable laws, ordinances, rules, regulations, orders, and other requirements of any governmental authority; (c) infringe on our or any other personās or entityās intellectual property, privacy, data protection or other rights; or (d) for any other reason we determine, including if your use does not comply with TEās ethical values for any reason. Notwithstanding the foregoing, we reserve the right to reject your request form for any reason, in our sole discretion. If we reject your request form, you are welcome to reapply at any time. However, if we accept your access request form and we later determine that your Application is unsuitable, we may terminate this Agreement in our sole discretion. You will ensure that the information included in your access request form, including your contact information and the description of your Application, is at all times complete, accurate, and up-to-date. If we accept your request form and you are granted access to the API, you will be issued client application credentials with respect to your company and Application (āCredentialsā). You are responsible for maintaining the integrity of the Credentials and each Identifierās specific association with you and your Application. You may not sell, transfer, or sublicense the use of any Credentials to any other party. You are fully responsible for all activities that occur under your Credentials, regardless of whether such activities are undertaken by you or a third party. Therefore, you must contact us immediately if you believe a third party may be using your Credentials.
3. Limited License and Attribution. Subject to the terms and conditions of and compliance with this Agreement, and as long as you have current and valid Credentials, TE grants to you a limited, non-exclusive, personal, non-transferable, non-sublicenseable, royalty-free, terminable license to access and use the API solely with your Application, to display TE Connectivity Data in your Application solely for Permitted Purposes for the Term and to access and use any developer tools, sample source code, documentation, specifications, and other materials, digital or otherwise, related to the API and TE Connectivity Data necessary for your use of the TE Connectivity Data (all such materials referred to as āDocumentationā) as permitted by TE. Subject to the terms and conditions of and compliance with this Agreement, TE further grants to you a limited, non-exclusive, personal, non-transferable, non-sublicensable, royalty-free, terminable, license during the Term of this Agreement to use the TE trademark as provided to you by directed by TE, without any modification or changes, in connection with the display of TE Connectivity Data in the Application for the Term, subject to TEās approval. You may not use the API, TE Connectivity Data, Software, or Documentation for any other purpose without TEās express written consent. Other than the limited license expressly set forth in this Section 3, we reserve all right, title and interest in and to the API, the TE Connectivity Data, Software, the Documentation, and our and our affiliatesā trademarks and logos and any other intellectual property and technology that we provide or use in connection with the API or the TE Connectivity Data. You must clearly and conspicuously attribute the source of all TE Connectivity Data as received from TE. You may not (a) modify TE Connectivity Data or Documentation, (b) modify, obscure or otherwise disable the functioning of links to TE or third-party applications or websites provided within the TE Connectivity Data, or (c) omit, modify, or obscure text, images, artwork, logos, copyright or similar notices of any TE Connectivity Data that you receive from the API, provided however, that with graphic images, you may re-size such images while maintaining the same relative proportions of the image. You acknowledge and agree that TE may monitor your Application in order to confirm compliance with this Agreement and may request information at any time to support your compliance with this Agreement. In addition, TE may at any time request that you modify TE Connectivity Data within your Application as TE determines is reasonably necessary to make any updates or corrections. Should you fail to provide responsive information, or if TE, in its sole discretion, determines that you are not complying with this Agreement, or at any time in its sole discretion, TE may terminate your license and invalidate your Credentials with or without notice to you. Upon such termination for any reason, (a) you shall immediately cease using the API and TE Connectivity Data; (b) you shall promptly remove from your Application and delete or otherwise destroy all TE Connectivity Data; and (c) you will instruct anyone to whom you have sent syndicated TE Connectivity Data to delete or otherwise destroy such data. Solely to the extent that it is necessary for TE to allow you to use the API and provide you with the TE Connectivity Data, you grant to TE a limited, non-exclusive, non-sublicensable, worldwide, royalty free license to copy and use the Application.
4. Restrictions. By making calls to the API or accessing TE Connectivity Data, you agree that you will not assist or enable others to cache, record, pre-fetch, or otherwise store any portion of the TE Connectivity Data, or attempt or provide a means to execute any ābulk downloadā operations. In addition, by making calls to the API or accessing TE Connectivity Data, you agree that you will not, and will not assist or enable others to: (a) modify the TE Connectivity Data (except modifications to TE URLs as required to facilitate tracking requested by TE); (b) display TE Connectivity Data in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and TE, other than your permitted use of the API under the terms and conditions of this Agreement; (c) distribute, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile, modify or alter any part of the API, Documentation, or TE Connectivity Data; (d) use the API in a manner that impacts or otherwise interferes with the functionality or proper working of the API or TEās servers or impacts the behavior of other applications using the API; (e) use the API, Documentation, or TE Connectivity Data in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or data protection, or which otherwise may be harmful (in TEās sole discretion) to TE, its providers, its suppliers, end users of its websites, or your end users; (f) use the API for the benefit of TEās competitors or for the purpose of providing those competitors with access to the API, Documentation, or TE Connectivity Data; (g) hack or break any security mechanism on the API, Documentation, or the TE Connectivity Data or pose a security to risk to TE or any users of its services. In addition, you will not syndicate any TE Connectivity Data without the express prior written consent of TE.
5. Service Level Objectives, Downtime, and Throttling. You understand and agree that from time to time the API may be inaccessible, unavailable or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic updates, maintenance procedures or repairs; or (c) causes beyond the control of TE or which are not reasonably foreseeable by TE, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, the unavailability, operation, or inaccessibility of websites or interfaces, network congestion or other failures. You acknowledge and agree that TE has no control over the availability of the services on a continuous or uninterrupted basis. The API allows a limited number of rows or records per request and a limited number of requests per day. The threshold will be set based on usability and business requirements, as determined by TE in its sole discretion. Exceeding this threshold may result in a suspension of your account. During any suspension, you may receive an error message with each attempted call to the API.
6. Obligations and Representations Regarding Your Application. (a) You are responsible for ensuring that your Application and calls to the API are compatible with the API. You will provide TE with information and materials related to the Application reasonably requested by TE to verify your compliance with this Agreement. (b) You agree that you will not without TEās express written permission: (i) send or initiate any email or other electronic messages that in any way suggest or imply or mislead or are likely to mislead a recipient into believing that TE was the sender or sponsor of such email or electronic message or induced you to send such email or electronic message; (ii) forward, redistribute or otherwise repurpose any email or other electronic messages that we send our customers, or (iii) send or initiate any email in violation of any applicable laws, rules or regulations and other requirements of any governmental authority that has jurisdiction over you. (c) When promoting your Application containing data from the TE API the following guidelines must be followed: (i) you must not give the impression that you are, or represent, TE through use of phrases such as āOfficial Siteā; (ii) you must not engage in any pay per click, keyword or ad word campaigns unless you receive the prior written approval from TE, which approval may be withheld at our sole discretion; (iii) you must not target the brand names of TE or any entities that are direct competitors of TE, or otherwise engage in marketing practices that are illegal or violate the rights of any third party; and (iv) you must ensure that all copy used for search and keyword purposes is appropriate and 100% accurate and does not contain any claims that could be construed to be false or misleading. You agree that, following notice from TE, you will promptly remove any search listing containing copy and/or creative components that TE, in its sole discretion, deems inappropriate for any reason. (d) You represent and warrant: (i) that you are solely responsible for the development, operation, and maintenance of the Application, including without limitation, the accuracy, appropriateness and completeness of all content thereof and all Application-related materials and descriptions to the exclusion of the TE Connectivity Data; (ii) that you have the necessary rights and licenses, consents, permissions, waivers and releases to use and display the Application; (iii) that the Application does not, in whole or in part, violate, misappropriate or infringe any rights of TE or any third party, including intellectual property rights; (iv) that the Application and its use shall not constitute or result in defamation, invasion of privacy or publicity, or any violation of any rights of any third party; (v) that the Application is not designed for use in any illegal activity and does not and will not promote illegal activities; (vi) that the Application will not be used in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or that is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (vii) that the Application does not intentionally contain any viruses or malicious, deleterious, or harmful code; and (viii) that you will conduct yourself and your business in a professional manner and in a way that does not reflect unfavorably on the goodwill and reputation of TE.
7. Term and Termination. The term of this Agreement ("Term") will commence once you agree to this Agreement as set forth at the beginning of this Agreement. The Agreement will remain in effect until terminated by you or us in accordance with this section 7. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. In addition, we may suspend or terminate your account without notice upon 90 or more consecutive days of inactivity. Upon termination of this Agreement by either party the licenses granted in Section 3 above shall immediately terminate and you agree to cease all use of the API and TE Connectivity Data and to return to TE or destroy or delete all copies of the TE Connectivity Data and other related materials provided to you by TE within your possession or control. You agree to promptly provide TE with proof of satisfaction of your termination obligations upon request. The following Sections of this Agreement shall survive any termination of this Agreement: 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, and 20. Termination of the Agreement does not relieve either party of any liability for any breach of, or liability accruing under, the Agreement prior to termination.
8. Publicity. You shall not create, publish, distribute or permit any written or verbal materials (e.g. press releases, marketing material or screen shots) that make reference to us without first submitting such material to us and receiving our prior written consent, which may be withheld in our sole discretion.
9. Modification and Interpretation of these terms and conditions. You agree that we may modify this Agreement or any policy or other terms referenced in this Agreement (collectively, "Additional Terms") at any time by posting a revised version of the Agreement or such Additional Terms on API.TE.com/portal. The revised terms shall be effective upon posting. By continuing to use the API and/or TE Connectivity Data after the effective date of any revisions to this Agreement, you agree to be bound by the revised Agreement. It is your responsibility to check API.TE.com/portal regularly for changes to this Agreement. All parts of the terms and conditions of this Agreement apply to the maximum extent permitted by law. If a court holds that we cannot enforce a part of the terms and conditions of this Agreement as written then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of these terms and conditions will not change.
10. Relationship of Parties. Nothing in this Agreement creates any type of joint venture, partnership, employment relationship, franchise, sales relationship, or agency relationship between you and us and you shall make no representation to the contrary unless otherwise agreed to by TE.
11. Indemnification. You agree to indemnify, defend and hold us, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneysā fees), arising out of or in connection with any claim arising out of or relating to (a) your use of the API, TE Connectivity Data, Documentation, a TE trademark in a manner not authorized by this Agreement, and/or in violation of the applicable restrictions, and/or applicable law, (b) your Application, or the combination of your Application with other applications, content or processes, including but not limited to any claim involving infringement or misappropriation of third-party rights and/or the use, development, design, manufacture, production, advertising, promotion and/or marketing of your Application, (c) your violation of any term or condition of this Agreement, including without limitation, your representations and warranties, or (d) you or your employees' or personnel's negligence or willful misconduct. We agree to promptly notify you of any claim subject to indemnification; provided that our failure to promptly notify you shall not affect your obligations hereunder except to the extent that our failure to promptly notify you delays or prejudices your ability to defend the claim. At our option, you will have the right to defend against any such claim with counsel of your own choosing (subject to our written consent) and to settle such claim as you deem appropriate, provided that you shall not enter into any settlement without our prior written consent and provided that we may, at any time, elect to take over control of the defense and settlement of the claim.
12. Disclaimer of Warranties and Limitation of Liability. THE API, TE CONNECTIVITY DATA, SOFTWARE, DOCUMENTATION, TE TRADEMARKS, AND ANY AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER DATA OR INFORMATION PROVIDED BY US (INCLUDING, WITHOUT LIMITATION, TE CONFIDENTIAL INFORMATION) OR OUR LICENSORS IN CONNECTION THEREWITH (COLLECTIVELY THE āSERVICE OFFERINGSā) ARE PROVIDED "AS IS" AND āAS AVAILABLEā. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICE OFFERINGS WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITHIN OR IN CONNECTION WITH THE SERVICE OFFERINGS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, SUSPENSIONS, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS, INCLUDING THOSE THAT AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY PAYMENT SERVICES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE API SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
13. Limitation of Liability. NEITHER WE NOR ANY OF OUR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE API, SOFTWARE, DOCUMENTATION, OR TE CONNECTIVITY DATA; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR APPLICATION; OR (d)THE ACCURACY OF THE INFORMATION RETRIEVED VIA THE API. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO ONE THOUSAND DOLLARS ($1,000). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
14. Disputes. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to its conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to this Agreement. Any controversy or claim arising out of or relating to this Agreement or your use of TE Connectivity Data or the API (a "Dispute") shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in the Commonwealth of Pennsylvania. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement or a similar agreement, whether through class arbitration proceedings or otherwise. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the Commonwealth of Pennsylvania. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to TE, TE may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of TEās or any third party's intellectual property or proprietary rights. You hereby irrevocably consent to non-exclusive jurisdiction and venue of the State and Federal courts of the Commonwealth of Pennsylvania with respect to any such injunctive or other relief. You further acknowledge that TEās rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
15. Entire Agreement. This Agreement and any other documents or policies incorporated by reference herein, including all Additional Terms, constitute the entire agreement between you and us regarding the subject matter of this Agreement and supersede any and all prior or contemporaneous representation, understanding, agreement, or communication between you and us, whether written or oral, regarding such subject matter. Where any terms of any documents or policies incorporated by reference herein, including all Additional Terms, conflict with the terms of this Agreement, the terms of this Agreement shall control and supersede those conflicting terms with respect to the subject matter of this Agreement.
16. Notice. Except as otherwise set forth herein, both parties must send all notices relating to this Agreement to: (a) for TE, via registered mail, return receipt requested or via an internationally recognized express mail carrier to: TE, Legal Department, 1050 Westlakes Drive, Berwyn, Pennsylvania 19312, USA; and (b) for you, notices will be communicated at TEās discretion via TE.com, the email address of record for you on file with TE, or other reasonable communication means. It is your responsibility to keep your email address current and periodically check TE.com for new notices. For email, you will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not you actually receive the email.
17. Privacy. You are responsible for providing your end user with adequate notice of your own privacy practices. Your Application may not access the end userās data without the end userās express knowledge and written consent. At the time you retrieve information from an end user in connection with your use of the API, you will obtain informed and written consent from the end user concerning how you will use their data, and with whom it will be shared. Where an Application seeks permission from an end user to use their data in connection with their use of the services, you must permit end users to revoke such permission at any time and clearly indicate the steps required to do so.
18. Assignment. You may not assign, delegate, or otherwise transfer (including, without limitation, by subcontract, merger, change of your ownership, or operation of law) this Agreement, in whole or in part, without the prior written consent of TE. Any assignment, delegation, or transfer in violation of the foregoing shall be void. TE may assign this Agreement and its rights and obligations under this Agreement.
19. Force Majeure. Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service providers, default due to Internet disruption (including without limitation denial of service attacks), riots, insurrection, acts of terrorism, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.
20. Waivers. The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.
21. Export Compliance and Restrictions. You shall, in connection with your use of the API, Documentation, and TE Connectivity Data, comply with all applicable export and re-export control laws. TE Connectivity Data related to import and export are for general purposes only and are subject to change without notice, and TE makes no representation or warranty as to the accuracy or reliability of such data. Notwithstanding the terms in Section 12 and 13, TE disclaims all liability relating to the use or reliance on the TE Connectivity Data related to import and export compliance, and You shall assume full responsibility for the use of any TE Connectivity Data for compliance with applicable import and export laws.
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