“You” means the individual person accessing or using the Olo APIs on his or her own behalf; or, if the Olo APIs or documentation are accessed or used on behalf of an organization, corporation or other legal entity, “you” means such legal entity.
1. Licensed Uses and Restrictions.
b. Your application may make automated calls or other data requests to or through the Olo network (“Calls”). Olo may at any time, and over any given period of time, delay or limit the number of Calls you may send to the Olo network, or prohibit any application created by you from sending Calls to the Olo network, as Olo deems appropriate in its sole discretion.
c. When Olo changes, upgrades, or discontinues any of the Olo APIs used by your product or service, and any such change is reasonably expected to render your integration incompatible with the Olo APIs, Olo will use commercially reasonable efforts to notify you in advance of such change and you will be required to update your integration into the applicable Olo APIs no later than six (6) months after such notice. Notwithstanding the foregoing, your integration must be updated within one (1) month of any change to the Olo APIs intended to address a security vulnerability. Olo reserves the right to revoke your access to the Olo APIs in the event you do not update your integration in accordance with this Section 1(c).
d. If your product or service uses or is based upon the Olo APIs, then you will comply with any Olo attribution policy as in effect from time to time.
e. You will use the APIs in compliance with all applicable laws, statutes, regulations, ordinances or other rules promulgated by governing authorities having jurisdiction over the parties.
f. Olo reserves the right to require the inclusion of an Olo library in your integrated application or system.
g. Olo will make credentials available to you through the Olo developer portal. Olo supports multiple APIs for different use cases, and each Olo API requires separate credentials. Credentials for production will only be granted after certification, which must be completed separately for each Olo API. The credentials available to you:
i. must be correctly categorized and used;
ii. must only be used for their specific client platform (iOS, Android, Web, Kiosk, etc);
iii. are subject to revocation if misused;
iv. may expire; and
v. must be removed when no longer in use.
Your integrations with the Olo APIs must be equipped to handle revocation or expiry of your credentials. You are responsible for securing your server to server credentials. Do not publish or share them with any unauthorized persons or use them outside of their intended use case. You may not allow any third party to use your credentials for their own benefit. If you become aware of any unauthorized use of your credentials, contact Olo immediately at email@example.com.
h. You shall NOT:
ii. modify, adapt, alter, translate, disassemble, decompile, copy or create derivative works from the Olo APIs;
iii. use the Olo APIs to engage in spamming or other unsolicited advertising or marketing activities or other unsolicited communications;
iv. sell, lease, rent, share, transfer, distribute or sublicense the Olo APIs, or access or access codes thereto, or derive income from the use or provision of the Olo APIs, whether for direct commercial or monetary gain or otherwise, without Olo’s prior, express, written permission;
v. use the Olo APIs in a manner that adversely affects Olo and/or the Olo Service or that (a) exceeds reasonable request volume, as set by Olo from time to time or results in more calls to the Olo APIs than necessary to carry out an operation, as determined by Olo in its sole discretion, (b) constitutes excessive or abusive usage, (c) otherwise fails to comply or is inconsistent with any part of the Olo APIs documentation, as determined by Olo in its sole discretion, or (d) does or is intended to, directly or indirectly, circumvent any other agreements that Olo has with you, its customers or a third party;
vii. reverse engineer or attempt to reconstruct, identify or discover any underlying ideas, underlying user interface techniques, source code or algorithms related to the Olo Service or any functionality provided by the Olo APIs;
viii. remove, obscure or alter any of Olo’s copyright notices, trademarks or other proprietary rights notices or confidentiality notices affixed to, associated with or contained within the Olo APIs;
ix. except as expressly authorized by Olo in writing, substantially replicate products or services offered by Olo, including the Olo APIs, or replicate or attempt to replace the essential user experience of Olo customers; provided that, subject to the foregoing, you and Olo may each develop and publish applications that are similar to or otherwise compete with the other party’s applications;
xi. interfere with any other user’s access to the Olo APIs;
xii. use the Olo APIs to introduce into Olo’s systems any routine, device or other undisclosed feature, including a so-called time bomb, virus, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap door, that is designed to delete, disable, deactivate, interfere with or otherwise harm any software, program, data, device, system or service, or which is intended to provide unauthorized access or to produce unauthorized modifications;
xiii. falsify or alter any unique identifier in or assigned to your application, or otherwise attempt to cloak or conceal your identity or your application's identity when requesting authorization to use Olo APIs;
xiv. use the Olo APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code;
xv. use the Olo APIs in a manner that interferes with, damages, harms, disrupts or otherwise adversely impacts the stability of Olo servers, security, networks, data, applications, or other properties or services of Olo or adversely impacts the behavior of other applications using the Olo APIs;
xvi. use the Olo APIs in any application that contains or displays adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under 21 years of age, or otherwise violates any law or regulation;
xvii. indiscriminately proxy malicious or fraudulent requests sent to URLs belonging to your web application to Olo’s API;
xviii. proxy requests sent to URLs belonging to your web application to Olo’s API from countries not served by your customer;
xx. make requests to the Olo APIs: (a) that are unencrypted or using encryption that does not use industry standard cryptographic algorithms; (b) with payment data unless the requestor is PCI compliant; or (c) with HTTP query strings that contain personally identifiable information; or
xxi. make requests to transactional Olo APIs when bulk Olo APIs exist for that purpose.
i. Olo API specifications may be provided to enable you to build an API for Olo integration. Olo owns such API specifications and hereby grants you a non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use solely for yourself the Olo API specifications. When using Olo-provided API specifications to build an implementation of an Olo API specification, you are responsible for the performance, security, integrity and availability of services based on such Olo API specifications. When Olo changes, upgrades, or discontinues any of the Olo API specifications used by your product or service, and any such change is reasonably expected to render your integration incompatible with the Olo APIs, Olo will use commercially reasonable efforts to notify you in advance of such change and you will be required to update your integration no later than six (6) months after being notified of such change. Notwithstanding the foregoing, your integration must be updated within one (1) month of any change to the Olo API specifications intended to address a security vulnerability. Olo reserves the right to revoke your access to the Olo API specifications and disable your integrations in the event you do not update your integration in accordance with this Section 1(i). You will use the Olo API specifications in compliance with all applicable laws, statutes, regulations, ordinances or other rules promulgated by governing authorities having jurisdiction over the parties. In addition, you shall NOT:
ii. sell, lease, rent, share, transfer, distribute or sublicense the Olo API specifications, or access or access codes thereto, or derive income from the use or provision of the Olo API specifications, whether for direct commercial or monetary gain or otherwise, without Olo’s prior, express, written permission;
iv. remove, obscure or alter any of Olo’s copyright notices, trademarks or other proprietary rights notices or confidentiality notices affixed to, associated with or contained within the Olo API specifications;
v. use the Olo API specifications in a product or service that competes with products or services offered by Olo or that replicates or attempts to replace the essential user experience of Olo customers;
vii. use the Olo API specifications to introduce into Olo’s systems any routine, device or other undisclosed feature, including a so-called time bomb, virus, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap door, that is designed to delete, disable, deactivate, interfere with or otherwise harm any software, program, data, device, system or service, or which is intended to provide unauthorized access or to produce unauthorized modifications;
viii. use the Olo API specifications in a manner that interferes with, damages, harms, disrupts or otherwise adversely impacts the stability of Olo servers, security, networks, data, applications, or other properties or services of Olo; or
ix. disclose specific features of your API to a third party which disclosure could reasonably be expected to enable such third party to reverse engineer, reconstruct, or discover any underlying ideas in the Olo API specifications.
2. Ownership and Relationship of Parties.
Olo may elect to provide you with support or modifications for the Olo APIs (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. Olo may change, suspend, or discontinue any aspect of the Olo APIs at any time, including the availability of any Olo APIs. Olo may also impose limits on certain features and services or restrict your access to parts or all of the Olo APIs or the Olo website without notice or liability.
SOME OF THE OLO APIS MAY BE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. OLO DOES NOT REPRESENT OR WARRANT THAT ANY OLO APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE OLO APIS ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND OLO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. OLO DOES NOT WARRANT THAT THE OLO APIS WILL OPERATE WITHOUT INTERRUPTION OR ERROR, OR FREE FROM HARMFUL COMPONENTS. NO WARRANTY IS MADE BY OLO ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. OLO DOES NOT WARRANT THAT THE OLO PLATFORM OR OLO SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE OLO PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.
YOUR USE OF THE OLO APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY OLO APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OLO OR THROUGH OR FROM OLO’S WEBSITE OR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.
6. Limitation of Liability.
7. Essential Basis; Exclusions and Limitations.
8. Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Olo, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of Olo APIs. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
THE FOREGOING RELEASE DOES NOT APPLY TO ANY CLAIMS, DEMANDS, OR ANY LOSSES, DAMAGES, RIGHTS AND ACTIONS OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH OR PROPERTY DAMAGE, FOR ANY UNCONSCIONABLE COMMERCIAL PRACTICE BY OLO OR FOR OLO’S FRAUD, DECEPTION, FALSE PROMISES, MISREPRESENTATION OR CONCEALMENT, SUPPRESSION, OMISSION OF ANY MATERIAL FACT IN CONNECTION WITH ANY SERVICE PROVIDED HEREUNDER.
9. Release, Hold Harmless and Indemnity.
You irrevocably and unconditionally release and covenant not to use or pursue any claim against Olo and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees, for any and all damages, liabilities, causes of action, judgments, and claims: (i) pertaining to your use of the Olo APIs, or (ii) which otherwise may arise in connection with your use of, reliance on, or reference to the Olo platform, documentation, or Olo APIs.
10. Governing Law.
11. General Terms.
Last updated: August 31, 2020