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Terms of use
MetaTrak for developers
The MetaTrak platform and MetaTrak API is a combination of software elements, specifications and documentation developed and maintained by QTE S.R.L. for the purpose of facilitating interactions between a User's software and the Provider (QTE S.R.L.). The Application Program Interface (API) offers the User modifiable tools and services which allow the User access to the MetaTrak platform programs, databases, datasets and files.
The use of API must be authorized by QTE.
If you do not agree with the terms of this Agreement, and any attachments, you are prohibited from using the API Program.
Provider - the QTE S.R.L., all divisions and subdivisions therein, its websites, databases, hardware, software and registered trademarks.
Website/Softwareall the websites/software used by the Provider for the performing of the service. In particular, but not only, we refer to the website containing the documentation relating to the API and the API itself.
File - any information on the Website.
User - a registered User with the rights of using MetaTrak platform.
Parties - Provider and User together.
App - means any software, application, website or product that uses the information exchanged via API.
API - an Applications Program Interface designed and implemented by the Provider, comprising software methods, technical specifications and documentation, for the purpose of lawful Program using.
Licensed Elements - the program interface, code, algorithms, documentation, agreements, and other elements related to or part of the API Program and belonging to the Provider.
Relevant Agreements - this Agreement and all other active and valid Agreements found at the Provider's Website pertaining to use of the API Program.
In order to access certain APIs User may be required to provide certain information (identification, contact, etc.) as part of the registration process for the API.
QTE S.R.L. has subsidiaries and affiliated legal entities around the world. These companies may provide the API to User and this Terms will also govern relationship with these companies.
User will comply with all applicable law, regulation, and third-party rights. You will not use the API to encourage or promote illegal activity or violation of third-party rights.
User will only access an API by the means described in the documentation of that API.
QTE S.R.L. sets and enforces limits on the using of the API in sole discretion. User agree to, and will not attempt to circumvent, such limitations documented with each API.
To start working with the API Program, a User should contact to QTE S.R.L. using the information below.
All of the User's actions at the Website shall be within the bounds of the Relevant Agreements.
User accepts full responsibility for any actions performed under his/her login and password on the Provider's website, and for their consequences, current or future. User agrees and confirms that he/she will use the Program in full accordance with terms and provisions of the Relevant Agreements, and in accordance with rules of international law, regulations of the Users and QTE S.R.L.'s country of residence and other currently valid directives and government requirements.
User accepts and agrees that all Files, including all files and information related thereto, are the property of the QTE S.R.L. User agrees to take all prudent and necessary steps to protect files against unlicensed and unauthorized copying, transmission and distribution.
User does not and will not use the Program to create, deliver, or distribute harmful program code, spyware, adware, viruses, worms, trojan horses, or any invasive, destructive or malicious software.
User does not and will not use the Program for unlawful purposes, or for any actions breaching the rights of third parties, including ownership rights, copyrights, intellectual rights and other related laws and rights.
User will not sell, pass, give access to, lend, or sublicense the Program or direct access to the API Program or otherwise gain income from using the API Program.
The User agrees to pay and indemnify, and also to take the part of QTE S.R.L. (its management, employees, shareholders, partners, etc.) in case of any claims, liabilities, losses and expenses (including legal fees on a solicitor and client basis) being a result of:
The QTE S.R.L. reserves the ability and right to assume control and defense of any kind at the expense of the User or require indemnification from the User. The QTE S.R.L. expresses his/her consent to cooperate with the defense of the QTE S.R.L. in case of such claim.
User guarantees to the QTE S.R.L., its agents, management and employees that he/she will defend the QTE S.R.L. claims of any third parties as a result of the use of elements of the style, design, Licensed Elements and files, breach of this Agreement, use of services and programs of the QTE S.R.L. that were the reason or otherwise induced losses, expenses, damages incurred in fact as well as those that could be incurred as a result of claims, complaints, legal prosecution, an effect of lawsuit, dues and fees of any type.
Prohibited actions are any actions which can entail harm to the QTE S.R.L. or cause full or partial loss of financial benefit. Users engaging in prohibited actions are considered in unilateral breach of this Agreement. Prohibited actions include, but are not limited to, the following:
All business correspondence, agreements and contracts executed between the QTE S.R.L. and the User are deemed commercial secrets and are to be kept strictly confidential. The QTE S.R.L. reserves the right to seek indemnification for damages, financial and otherwise, for unauthorized disclosure of these commercial secrets.
This Agreement shall commence upon acceptance of conditions hereof at the QTE S.R.L. Website, or when signed by the User, or at the first instance of API Program usage. The Agreement is valid until its direct termination.
The QTE S.R.L. reserves the right to unilaterally breach this Agreement for any reason at any time without prior notification and is not obligated to disclose a reason for said breach.
This Agreement will be terminated without prejudgment to the rights of the QTE S.R.L., in accordance with the fact of defense and limitation of liabilities provided and guaranteed by this Agreement, and other documents, which defense, limitations of liabilities and rights shall survive this Agreement's termination. Similarly, terms and provisions of this Agreement in respect of confidential information, indemnification, control over files, disclaimer of liability and other kinds of liability limitations will survive in full upon the fact of termination of this Agreement.
The User acknowledges that he is solely responsible, also through his own agents, for content, development, operation, sale, performance, security, hosting, user interface, assistance and maintenance of his own App, and agrees to exempt and hold QTE harmless from any responsibility in this regard.
The User understands and accepts responsibility and assumes all risk resulting from any use of the Website, Program, etc./ including without limitations any information or other files contained at the website.
The QTE S.R.L., its employees, management, partners, shareholders, and agents are not responsible for failures of any kind or disruption of the Website functionality resulting in loss of business information, profit or other financial losses in connection with claims of any kind, losses, petitions, actions or other events arising out of this Agreement, as well as out of jurisdiction thereof, including without limitations the Website navigation, usage, access to any content or its part, as well as any rights including warranted ones, even if QTE S.R.L. was advised of the theoretical possibility of such failures, irrespective of whether an occurrence or Website failure was the result of infringement on intellectual or other property, was based on a breach of law, negligence, contract responsibilities, or other similar cases and situations, or not.
The QTE S.R.L. is not responsible for temporary or permanent, partial or full failure of the API Program or trouble in its operation. The QTE S.R.L. is not responsible for lost profits in connection with API Program failures.
The Website is operated, managed and controlled by QTE S.R.L., Italy.
This Terms is regulated by the Italian laws. In the event of disputes between the parties hereto arising out of or in relation to this Terms, the exclusive place of jurisdiction will be Milan.
The User confirms and guarantees that under no circumstances will he/she represent or perform actions that could be interpreted as if he/she were an employee, administrator, manager or contractor of QTE S.R.L.
The fact of the User's consent with this Agreement and use of the API Program in no way means that there are employer/employee relationships or agent agreements and arrangements between the User and QTE S.R.L.
The QTE S.R.L. carries no responsibility for any actions made by the User with banners, emblems, links and other elements of design and intellectual property of the QTE S.R.L.'s Website.
The User accepts that QTE monitors or verifies its App or the activities related to its access to the API, undertaking not to block or otherwise interfere with these controls. It should be noted that QTE will use all the technical tools necessary to overcome any blockage or interference created by the user on its controls.
If QTE believes, at its sole discretion, that the User has violated the terms of this Agreement or is involved in fraudulent activities, he reserves the right to take all the measures he deems appropriate, including notifying, investigating and interrupting or suspending rights of the User envisaged by this Agreement. This is in addition to the other available measures, such as specific services, injunctions and legal fees.
QTE reserves the right to modify the Terms at any time. In this case, QTE will give appropriate news of the changes to the Users.
The changes will affect the relationship with the User only for the future.
QTE reserves the right to update or modify the API over time, at its sole discretion. Updates and changes may involve the User's App, which will have to make the necessary changes at its own expense to ensure that its App continues to be compatible or interact with the API. In addition, QTE may impose limitations on certain functions and services, or limit user access to all or some API, in the event that, at its sole discretion, these, in use by the user, adversely affect the functioning of the platform of META TRAK or on the correct provision of the service.
Continued use of the Service implies acceptance of the User by the updated Terms. If the User does not wish to accept the changes, he must stop using the Service.
The previous applicable version continues to govern the relationship until the User is accepted. This version can be requested from QTE.
If required by applicable law, the QTE will specify the date by which changes to the Terms will take effect.
The user agrees, for himself and his employees, collaborators, etc. to maintain maximum confidentiality on the data and information relating to the API which it will become aware of, in any capacity, in relation to the relationship between the parties.
The obligation of confidentiality concerns, in particular, commercially sensitive information, operating documentation and technical details, acquired in the performance of the services provided in the API agreement.
Also following the acceptance of this agreement, QTE may propose to the User an autonomous and specific non-disclosure Agreement relating to the issues in question.
Any supplementary Attachments will be indicated below, and they will be considered an integrated part of this agreement and communicated and accepted by the user as indicated in this agreement.
For any questions in connection with the provisions of this document, contact the QTE S.R.L. using the information below.
In accepting this agreement, the user acknowledges that the user has read this agreement, understands it, and had an opportunity to seek independent legal advice prior to agreeing to it. in consideration of QTE S.R.L. agreeing to supply the API interface and make available the use, purchase and delivery of files with its help, user agrees to be bound by the terms and conditions of this agreement. User further agrees that this is the complete and exclusive statement of the agreement between the user and the QTE S.R.L., which supersedes any proposal or prior agreement, oral or written, and any other communication between the user and the QTE S.R.L. relating to the subject of this agreement.