Terms of Service

Effective May 1, 2015

This Terms of Service agreement ("TOS") is a contract between UserStore, LLC ("UserStore") and you, or the UserStore you represent, if applicable. It governs your use of UserStore, UserStore’s identity management and authentication application programming interface, as well as any associated websites, applications, data, documentation and software (the "API"). Your continued use of the API constitutes your continuing assent to the TOS.

  1. Modifications of Terms. UserStore may modify these terms at any time. The modified TOS will be posted here, with the effective date specified at the top. Notice of material modifications will be posted online and UserStore will make reasonable efforts to email users notice of such modifications. Your continued use of the API after the Effective Date signifies your consent to the modified Terms.

  2. Licenses Granted. UserStore grants you a limited, non-transferable, non-sublicensable, nonexclusive, revocable license to access and use the API as necessary to manage and authenticate users.

    You grant UserStore a worldwide, limited license to host, copy, transmit and process data submitted to the API by you. You do not grant us any other licenses, title or interest with respect to your data or software.

  3. Your Rights and Responsibilities.

    Registration. You agree to provide accurate and complete information when you register to use the API, and to keep such information current and updated. UserStore reserves the right to verify your registration information. You agree to keep your username and password secure.

    Developer Responsibilities. You are responsible for taking all security precautions to ensure your networks, operating systems and software are properly configured to industry and security standards. You are responsible for the protection and backup of data and equipment used in connection with the API.

    You agree to use the API in accordance with this TOS and UserStore’s Privacy Policy, the terms of which are incorporated herein. In addition, you agree to the following:

    • You will provide all end-user support to your customers.
    • You are strictly prohibited from transferring to UserStore customer financial information or social security number via the API.
    • You are responsible for advising users as to your information practices.
    • You will not copy, upload, display, post, reproduce, republish, distribute, or transmit any part of the API in an unauthorized manner.
    • You will not use the API in a manner intended to destabilize, damage, disable, overburden or impair the API or associated software, hardware or telecommunications equipment, or to disrupt or interfere with another's use of the API.
    • You will not attempt to hack or otherwise gain unauthorized access to the API.
    • You will not use the API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage. UserStore reserves the right, in its sole discretion, to terminate your access to the API in the event of continued excessive usage. You will be notified and offered the opportunity to reduce your usage prior to such termination.
    • You will not transmit software viruses, worms or any other code, files or programs.
    • You will not attempt to circumvent security measures of the API.
    • You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction, including data protection and intellectual property laws.
    • You will immediately notify UserStore of any known or suspected security breaches.
    • You will only use the API as a component of your user management and authentication system.
    • You will not generate income by selling or otherwise permitting access to the API.

    International Users. UserStore and the API are operated from within the United States. If you access the API from a location outside the United States, you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. UserStore makes no claim that the content of the API may be utilized or accessed outside the United States. You must not access or use the API from a territory that is embargoed by the United States or from which it is illegal to receive products, APIs, or software from the United States.

    You also agree to must ensure that the API is not access or used by persons on the United States Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

  4. Data Security.

    Our Representations and Limitations. UserStore uses industry standard security to protect the data of its users and their customers. However, internet activity is never 100% secure. UserStore cannot guarantee that user and customer data will remain secure.

    Developer Obligations. You are fully responsible for the security of data on your site or in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal data on your site. You agree to transfer only data needed for identity verification or profile management. Transfer of financial information or social security number is prohibited.

    You are responsible for consumer notification under applicable data breach laws in the event that your customer data is breached, regardless of how or where the breach occurred.

  5. Intellectual Property Rights. UserStore logos, trademarks and UserStore marks are the property of UserStore and are protected under United States and foreign laws. UserStore grants you a limited license solely to use UserStore trademarks, logos or other branding on your application, service or website to promote your relationship with UserStore. All other use is prohibited without prior authorization.

    The API and any related software or content are the property of UserStore and cannot be used, modified, decompiled, reverse engineered or otherwise altered without prior written authorization from UserStore.

  6. Payment Terms. You authorize UserStore to charge your selected payment method for all applicable fees. Fees are non-refundable except as required by law.

    Customer is responsible for providing complete and accurate billing and contact information to UserStore. UserStore may suspend or terminate access to the API if fees are past due. We may change service fees upon thirty (30) days notice to you at the email address associated with the organization’s account. We may charge sales tax where required by law. You are responsible for all other tax liabilities and obligations associated with your use the API.

  7. Term and Termination. This TOS becomes effective on the date you accept it, and will remain in effect until terminated by you or UserStore.

    You may terminate the TOS at any time through your account profile. We may terminate this TOS or your access to the API in our sole discretion and without notice, at any time and for any reason without liability to you. All warranties, disclaimers, limitation of liability, jurisdictional, indemnification, arbitration, confidentiality and intellectual property provisions survive termination, as well as any term which by its nature should remain in effect post-termination.

    Upon termination, your rights to access the API will cease immediately, but we will provide account access for an additional 30 days to allow you to export your data. After 30 days, all data may be destroyed.

  8. Disclaimer of Warranties. USERSTORE PROVIDES THE API AND ITS CONTENTS "AS IS." USERSTORE AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND SERVICE PROVIDERS MAKE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR GUARANTEES ABOUT THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY TYPE INCLUDING ANY WARRANTY THAT THE API IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS API OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE OR BE AVAILABLE WITHOUT INTERRUPTION. BECAUSE SOME STATES DO NOT PERMIT DISCLAIMER OF IMPLIED WARRANTIES, YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS.

  9. Limitation of Liability. YOUR USE OF THE API IS AT YOUR SOLE RISK AND DISCRETION. USERSTORE, ITS OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS ARE NOT LIABLE TO YOU FOR MONEY DAMAGES, INCLUDING INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM ANY LEGAL THEORY, INCLUDING LOST PROFITS, DATA LOSS, OR COST OF REPLACEMENT SERVICES, EVEN IF UserStore KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATE USERSTORE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

    USERSTORE’S MAXIMUM AGGREGATE LIABILITY TO YOU ARISING UNDER OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID TO USERSTORE BY YOU IN CONNECTION WITH THE API IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

  10. Indemnification. YOU ARE SOLELY LEGALLY LIABLE IF YOUR USE OR MISUSE OF THE API CAUSES DAMAGES TO THE API OR SOMEONE OR SOMETHING ELSE. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FROM ANY LOSSES, DEMANDS, CLAIMS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO ANY CLAIMS, ACTIONS, SUITS, OR PROCEEDINGS MADE BY ANY THIRD PARTY RELATING TO YOUR BREACH OF THESE TERMS, VIOLATION OF ANY LAW OR THIRD-PARTY RIGHTS.

    WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

  11. Arbitration You agree that any claim or dispute between you and UserStore arising out of or relating to the Services, including the enforceability of this TOS or our Privacy Statement, will be resolved by final and binding arbitration, on an individual claim basis only. Arbitration will be administered by the American Arbitration Association, under its Commercial Arbitration Rules. Submissions may be done on paper, telephonically or in person. If in person, the arbitration will be held in San Francisco, California or another location we agree to. The decision or award of the arbitrator shall be final, A judgment of any court having jurisdiction may be entered upon the arbitrator’s award. The arbitrator shall have the authority to impose equitable and injunctive relief, as well as to award monetary relief, as the arbitrator deems appropriate.

    Despite this agreement to arbitrate disputes, You are entitled to seek relief in a small claims court for disputes or claims within the scope of its jurisdiction.

  12. Choice of Law and Jurisdiction. These terms are governed by state and federal laws of California law, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement. If the agreement to arbitrate in section 12 is found to be invalid, you agree to venue and personal jurisdiction in the state or federal courts of San Francisco, California.

  13. Severability and Integration. This agreement and any supplemental terms, policies, rules and guidelines related to the API constitute the entire agreement between you and UserStore. If any part of this TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

  14. General Provisions. You may not assign this TOS without UserStore’s prior written approval. UserStore may assign this TOS without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of UserStore’s business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and UserStore as a result of this TOS or use of the API. Our failure to enforce any right or provision in this TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by UserStore in writing. You understand that a breach of the TOS may result in irreparable harm to UserStore for which damages would be an inadequate remedy and, therefore, UserStore will be entitled to equitable relief, including injunctions, if such a breach occurs or is threatened. UserStore reserves all other rights and remedies in addition to such equitable relief. You waive the requirement for posting of any bond if UserStore seeks such an injunction.