1. Scope
1.1 These additional terms for “SoSafe API" (the "Additional Terms") shall apply whenever SoSafe is making available to Customer access to Customer App Programming Interfaces within the scope of providing Awareness-Building Services (the "Additional Services"). The provisions of the existing Agreement(s) between the parties for other Awareness-Building Services shall remain unaffected.
1.2 The Additional Services are made available by SoSafe only after Customer has accepted these Additional Terms through activating a respective confirmation field before accessing the Additional Services AND always provided (i) they have been explicitly agreed in an Offer or (ii) they are included as part of an Awareness Building Service package ordered by the Customer pursuant to the applicable Feature Matrix.
1.3 Unless otherwise specified in these Additional Terms, the provisions of the GTC (including the definitions contained therein) in the then-current version applicable to Customer shall also apply to the Additional Services. In the event of a conflict, the provisions of these Additional Terms shall take precedence over the GTC and the Annexes referred to therein.
2. API Requirements, License and Prohibited Use
2.1 SoSafe may make available additional requirements for the use of the Additional Services as part of its General Technical Conditions (currently available under https://link.sosafe-awareness.com/general-technical_conditions-en ), and Customer shall adhere to these requirements whenever accessing and using the Additional Services. SoSafe may update these requirements at any time.
2.2 Subject to Customer’s compliance with these Additional Terms, SoSafe grants to Customer a limited, non-exclusive, non-assignable, non-transferable, revocable license to use the Additional Services to develop, test, and support Customer’s applications, data, analyses, further APIs, reports or other Customer artefacts (collectively the “Customer Use Cases”), and to allow Customers’ Users to use the integration of the Additional Services within the Customer Use Cases. Customer may use the Additional Services only as expressly permitted in these Additional Terms. Violation of these Additional Terms may result in the suspension or termination of Customer’s use of the Additional Services.
2.3 Customer shall not:
2.3.1 Use the Additional Services in a way that could impair, harm or damage SoSafe, the Additional Services, any Awareness Building Services, or anyone's use of the Additional Services or any Awareness Building Services;
2.3.2 Use the Additional Services to disrupt, interfere with, or attempt to gain unauthorized access to services, servers, devices, or networks connected to or which can be accessed via the Additional Services;
2.3.3 Use the Additional Services, or any information accessed or obtained using the Additional Services, for the purpose of migrating Users away from any Awareness Building Service;
2.3.4 Scrape, build databases or otherwise create copies of any data accessed or obtained using the Additional Services, except as necessary to enable an intended usage scenario for the Customer App;
2.3.5 Request from the Additional Services more than the minimum amount of data, or more than the minimum permissions to the types of data, that the Customer App needs for Users to use the intended functionality of the Customer App;
2.3.6 Use an unreasonable amount of bandwidth, or adversely impact the stability of the Additional Services or the behavior of other apps using the Additional Services;
2.3.7 Attempt to circumvent the limitations SoSafe sets on the use of the Additional Services. SoSafe sets and enforces limits on use of the Additional Services (e.g., limiting the number of API requests that Customer may make or the number of Users) in its sole discretion;
2.3.8 Use Additional Services in any manner that works around any technical limitations of the Additional Services or of the accessed Awareness Building Services, or reverse engineer, decompile or disassemble the Additional Services, except and only to the extent that applicable law expressly permits, despite this limitation;
2.3.9 Use the Additional Services, or any data obtained using the Additional Services, to conduct performance testing of Awareness Building Services unless expressly permitted by SoSafe pursuant to a duly executed written agreement;
2.3.10 Use the Additional Services, or any data obtained using the Additional Services, to identify, exploit or publicly disclose any potential security vulnerabilities;
2.3.11 Request, use or make available any data obtained using the Additional Services outside any permissions expressly granted by Users in connection with using the Customer App;
2.3.12 Use or transfer any data accessed or obtained using the Additional Services, including any data aggregated, anonymized or derived from that data (collectively the "SoSafe API Data") for advertising or marketing purposes including (i) targeting ads, or (ii) serving ads. For purposes of clarity, this prohibition on using SoSafe API Data for advertising or marketing purposes does not extend to using other data, such as (i) the number of users of your Customer App, (ii) a user identifier you independently receive from a user (e.g., an email address you receive when a user enrolls to use your Customer App, a device identifier, or an advertising identifier), or (iii) a product or service identifier that identifies a Awareness Building Services;
2.3.13 Make your Customer App available for use in a manner that circumvents the need for users to obtain a valid license to the SoSafe application or service that is accessed through the Additional Services;
2.3.14 Redistribute or resell, or sublicense access to, the Additional Services, any data obtained using the Additional Services, or any other Awareness Building Services accessed through the Additional Services; or
2.3.15 Misrepresent expressly, by omission, or implication, the need for users to obtain a valid license to the SoSafe application or service that is accessed through the Additional Services;
2.3.16 Falsify or alter any unique referral identifier in, or assigned to a Customer App, or otherwise obscure or alter the source of queries coming from an Customer App to hide a violation of this agreement; or
2.3.17 Use the Additional Services in a way that could create, in SoSafe's sole discretion and judgment, an unreasonable risk to Customers from a security or privacy perspective.
2.4 Customer shall adhere to the obligations and restrictions applicable to Customer Content (in particular in Sec. 4.2.4 of the GTC) also in relation to using the Additional Services or allowing any User to use the Customer App.
3. Data Protection
3.1 To the extent Customer transfers Personal Data to SoSafe as part of accessing and using the Additional Services, then any such transferred Personal Data may be processed by SoSafe in accordance with its then-current privacy policy available under https://sosafe-awareness.com/privacy-policy/ .
3.2 If Personal Data is collected, stored or other processed by Customer as part of the Customer Use Case, then Customer shall provide and adhere to a privacy policy for the respective Customer Use Cases. The policy shall clearly and accurately describe to Users of the Customer App which Personal Data is collected, and how it is used, shared and otherwise processed by Customer.
4. Confidentiality
Any non-public information, software, and specifications relating to the Additional Services shall be deemed Confidential Information as set out in the Agreement.
5. No Compatibility Warranty
In addition to the exclusions and limitations set out in the GTC, SoSafe does not warrant that the Additional Services are compatible, conforming or otherwise operating with any of Customer’s Use Cases, or that the Customer Use Cases are error-free when using the Additional Services.
6. Term and Termination
6.1 Contract Term
6.1.1 To the extent access to the Additional Services is based on Customer’s ordered package for the Awareness Building Services without having entered a separate Order for the Additional Services, then the Additional Services shall be made available during the applicable Contract Term.
6.1.2 Where Customer has entered into an Agreement for Additional Services, then the Additional Services will be provided for the period agreed in the Offer and, unless otherwise agreed, the Contract Term for the Additional Services shall commence on the Contract Start Date specified in the Offer and shall run until the end of the Contract Term of the existing Agreement for the remaining Awareness-Building Services. It then automatically renews in accordance with the provisions of the GTC.
6.2 Termination. Notwithstanding the provisions in the GTC, upon termination, all licenses granted herein immediately expire and Customer must cease use of the Additional Services. Customer must also comply with SoSafe’s instruction to return or delete any data accessed or obtained through the Additional Services, unless expressly permitted by SoSafe or prohibited by law.
7. Changes, Versioning and Depreciation
7.1 Changes: SoSafe reserves the right to modify, enhance, or make backward-incompatible changes to the Additional Services at any time. Before such changes are made, SoSafe shall provide appropriate notice (at least thirty (30) days) to Customer. Customer shall monitor such announcements accordingly. For clarity, it is Customer’s sole responsibility to ensure that Customer’s Use Cases are compatible with the current and supported versions of the Additional Services.
7.2 Versioning: To minimize disruptions, SoSafe will version the Additional Services when making significant or backward-incompatible changes. Each version will have a unique version identifier (e.g., V1, V2), and Customer may be required to upgrade his code or applications to work with a new version. SoSafe encourages the use of the latest stable version to ensure access to the most recent features, security updates, and performance improvements.
7.3 Deprecation: When a non-current version of the Additional Services is deprecated, SoSafe will provide advance notice of at least thirty (30) days before discontinuing support. During this time, Customer is advised to transition the usage to a supported version. After the deprecation period, SoSafe may shut down the deprecated version, and requests made to that version may cease to function.
7.4 No Liability for Changes: SoSafe will not be liable for any damages or losses resulting from Customer’s failure to update the applicable Customer Use Case in response to changes, versioning updates, or deprecations of the Additional Services.