START.GG APIs Terms of Use

Last Updated: June 20th, 2022

FOR DEVELOPER API USERS

By accessing or using START.GG APIs or APIs utilized to access content from any of the START.GG services ("the Services"), you are agreeing to these terms and to comply with any accompanying documentation that applies to your use of the APIs with the START.GG services. You represent and warrant to us that you have the authority to accept these API Terms on behalf of yourself, a company, and/or other entity, as applicable. We may change, amend or terminate these API Terms at any time. Your use of the START.GG APIs after any change or amendment to these API Terms means you agree to the new API Terms. If you do not agree to the new API Terms or if we terminate these API Terms, you must stop using the START.GG APIs.

1. Defined Terms

"START.GG APIs" means (i) any form of machine accessible application programming interface that Microsoft makes available which provides access to the START.GG services, or content and metadata generated by or hosted on the START.GG services, and includes all associated tools, elements, components and executables therein, (ii) any Microsoft sample code that enables interactions with a START.GG service, and (iii) documentation that Microsoft makes available to help enable your access to the START.GG APIs.
"START.GG services" include the START.GG website, and services available through the START.GG website, START.GG domains, START.GG applications, START.GG digital properties, START.GG communications, or other START.GG content and/or entry points accessible via START.GG APIs.

2. START.GG APIs License and Guidelines

START.GG API license: Subject to your compliance with all of the API Terms, Microsoft grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to use the START.GG APIs to develop, test, and support your application or website. You may use the START.GG APIs only as expressly permitted in these API Terms. Violation of these API Terms may result in the suspension or termination of your use of the START.GG APIs.
START.GG APIs Guidelines:
You may NOT:
1. Use the START.GG APIs in a way that could impair, harm or damage Microsoft, the Services, the START.GG APIs, any Microsoft offering or service, or anyone's use of the START.GG APIs or services;
2. Use the START.GG APIs 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 START.GG APIs;
3. Use the START.GG APIs, or any information accessed or obtained using the START.GG APIs, for the purpose of migrating users away from the Services, except in connection with use of the START.GG APIs by your application or website, or unless expressly permitted by Microsoft pursuant to a duly executed written agreement;
4. Scrape, build databases or otherwise create copies of any data accessed or obtained using the START.GG APIs, except as necessary to enable an intended usage scenario for your application or website;
5. Request from the START.GG APIs more than the minimum amount of data, or more than the minimum permissions to the types of data, that your application or website needs for users to use the intended functionality of your application or website. If your application or website requires more than the maximum number of API requests that we grant under this license please contact our partnership team at hello@start.gg.
6. Use an unreasonable amount of bandwidth, or adversely impact the stability of the START.GG APIs or the behavior of other START.GG services using the START.GG APIs;
7. Attempt to circumvent the limitations Microsoft sets on your use of the START.GG APIs. Microsoft sets and enforces limits on your use of the START.GG APIs (e.g., limiting the number of API requests that you may make or the number of users you may serve, one token per product), in its sole discretion;
8. Use START.GG APIs in any manner that works around any technical limitations of the START.GG APIs or of the accessed START.GG services, or reverse engineer, decompile or disassemble the START.GG APIs, except and only to the extent that applicable law expressly permits, despite this limitation. This limitation does not interfere with your ability to interact in any manner with open-source APIs associated with START.GG if their associated terms would allow such interaction;
9. Use the START.GG APIs, or any data obtained using the START.GG APIs, to conduct performance testing of a START.GG service or other Microsoft offering unless expressly permitted by Microsoft pursuant to a duly executed written agreement;
10. Use the START.GG APIs, or any data obtained using the START.GG APIs, to identify, exploit or publicly disclose any potential security vulnerabilities;
11. Use or transfer any data accessed or obtained using the START.GG APIs, including any data aggregated, anonymized or derived from that data (collectively the "START.GG APIs Data") for advertising or marketing purposes including (i) targeting ads, or (ii) serving ads. For purposes of clarity, this prohibition on using START.GG APIs Data for advertising or marketing purposes does not extend to using other data, such as (i) the number of users of your application or website, (ii) a user identifier you independently receive from a user (e.g., an email address you receive when a user enrolls to use your application or service, a device identifier, or an advertising identifier), or (iii) a product or service identifier that identifies a START.GG service. This prohibition on using START.GG APIs Data for advertising or marketing purposes does not prohibit surfacing advertisements on your application or website in association with data obtained from the START.GG services via the START.GG APIs. However, certain advertisement types may not be surfaced in association with data obtained from START.GG services via the START.GG APIs as provided below;
12. Your application, website, or service, may not surface advertisements of a sexual nature, a violent nature (including firearm advertisements), that are associated with illegal substances, or that have immoral themes, in association with the data obtained from the START.GG services via the START.GG APIs;
13. Redistribute or resell, or sublicense access to, the START.GG APIs, any data obtained using the START.GG APIs, or any other START.GG service accessed through the START.GG APIs;
14. Use the START.GG APIs or allow any user to use an application, website, or service you have control over that includes data retrieved utilizing the START.GG APIs in a way that violates applicable law, including:
15. Use the START.GG APIs in a way that could create, in Microsoft's sole discretion and judgment, an unreasonable risk to users from a security or privacy perspective.
Attribution: By using the START.GG APIs you agree to provide attribution to START.GG in connection with any content you receive and display or otherwise reproduce from the START.GG services via the START.GG APIs. The content provided to you from the Services through access by the START.GG APIs may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Microsoft and its partners. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree to maintain, and not remove, modify, obscure or alter, any link or notice appearing on or in any content provided through the Services.

3. Security

You warrant that your application or website has been developed to operate with START.GG content in a secure manner. Your network, operating system and the software of your servers, databases, and computer systems (collectively, "Systems") must be properly configured to securely operate your application or website and store content collected through your application or website (including the START.GG API content). Your application or website must use reasonable security measures to protect the private data of your users.

We may use technology to detect, prevent or limit the impact of any issues caused by your application or website (before, after, or instead of suspension of your access). This may include, for example, (i) filtering to stop spam, (ii) performing security or privacy monitoring regarding scraping, denial of service attacks, user impersonation, application impersonation, or illicit consent grant(s), or (iii) limiting or terminating your access to the START.GG APIs.

You will permit Microsoft reasonable access to your application or website for purposes of monitoring compliance with these API Terms. You will respond to any questions by Microsoft about your compliance with these API Terms.

Without limiting the foregoing, upon request by Microsoft, you will provide us (or an independent auditor acting on our behalf) with up to two full-feature client account-level instances to access your application or website (and/or other materials related to your use of the START.GG API) as reasonably requested by us to verify your compliance with these API Terms (including, in particular, your security and privacy obligations under these API Terms).

We may restrict or terminate access to the APIs or perform an audit (including by hiring an independent auditor acting on our behalf) of your application or website if you fail to provide adequate information and materials (including up to two full-featured instances of your application or website) to verify your compliance with these Terms.

You must have a process to respond to any vulnerabilities in your application or website, and in the case of any vulnerabilities related to your application or website's connection to the START.GG APIs discovered by you or reported to you by a third party, you agree that you will provide vulnerability details to the Microsoft Security Response Center (secure@microsoft.com).

In the event of a data breach by you resulting from any aspect of the START.GG APIs involving your application or website or any data collected through your application or website, you will promptly contact the Microsoft Security Response Center (secure@microsoft.com) and provide details of the data breach. You agree to refrain from making public statements (e.g., press, blogs, social media, bulletin boards, etc.) without prior written and express permission from Microsoft in each instance as it relates to the START.GG APIs.

The rights and requirements of this section — 3. Security — will survive for five (5) years following any termination of these API Terms.

4. Your Compliance with Applicable Privacy and Data Protection Laws

You must comply with all laws and regulations applicable to your use of the data accessed through the START.GG APIs, including without limitation laws related to the privacy, biometric data, data protection and confidentiality of communications. Your use of the START.GG APIs is conditioned upon implementing and maintaining appropriate protections and measures for your application, website, and/or service, and that includes your responsibility to the data obtained through the use of the START.GG APIs. For the data you obtained through the START.GG APIs, you must:

obtain all necessary consents before processing data and obtain additional consent if the processing changes ("Data Access Consents"),
In the event you are storing data locally, ensure that data is kept up to date and implement corrections, restrictions to data, or the deletion of data as reflected in the data obtained through your use of the START.GG APIs,
implement proper retention and deletion policies, including deleting all data when your user abandons your application or website, uninstalls your application, closes its account with you, or abandons the account, and
maintain and comply with a written statement available to users that describes your privacy practices regarding data and information you collect and use ("Your Privacy Statement").

Nothing in this Agreement shall be construed as creating a joint controller or processor-subprocessor relationship between you and Microsoft.

5. Changes to the START.GG APIs and API Terms

WE MAY CHANGE OR DISCONTINUE THE AVAILABILITY OF SOME OR ALL OF THE START.GG APIs AT ANY TIME FOR ANY REASON WITH OR WITHOUT NOTICE. Such changes may include, without limitation, removing or limiting access to specific API(s), requiring fees or setting and enforcing limits on your use of additions to the START.GG APIs. We may also impose limits on certain features and services or restrict your access to some or all of the START.GG APIs. We may release subsequent versions of the START.GG APIs and require that you use those subsequent versions, at your sole cost and expense.

Any version of the START.GG APIs designated as "preview", "pre-release" or "beta" ("Preview API"), may not work in the same way as a final version. We may change or not release a final or commercial version of a Preview API in our sole discretion.

WE MAY MODIFY THESE API TERMS AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE TO YOU. YOUR CONTINUED USE OF THE START.GG APIs FOLLOWING THE RELEASE OF A SUBSEQUENT VERSION OF THESE API TERMS WILL BE DEEMED AS YOUR ACCEPTANCE OF ANY MODIFICATIONS TO THESE API TERMS.

6. Feedback

If you give feedback about the START.GG APIs to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because Microsoft includes your feedback in them. These rights survive these API Terms.

7. Confidentiality

You may be given access to certain non-public information, software, and specifications relating to the START.GG APIs ("Confidential Information"), which is confidential and proprietary to Microsoft. You may use Confidential Information only as necessary in exercising your rights granted under these API Terms. You may not disclose any Confidential Information to any third party without Microsoft's prior written consent. You agree that you will protect any Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information.

8. Disclaimer of Warranties, Limitation of Liability and Indemnity

Disclaimer of Warranties
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE START.GG APIs. YOU UNDERSTAND THAT USE OF THE START.GG APIs IS AT YOUR OWN RISK AND THAT WE PROVIDE THE START.GG APIs ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE" TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE API TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. WE DO NOT GUARANTEE THE START.GG APIs WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE START.GG APIs MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION, ERRORS IN FUNCTIONING, OR THAT DATA LOSS WILL NOT OCCUR.
Limitation of Liability
IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THESE API TERMS), YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER, FROM MICROSOFT OR ANY AFFILIATES, RESELLERS, DISTRIBUTORS, SUPPLIERS (AND RESPECTIVE EMPLOYEES, SHAREHOLDERS, OR DIRECTORS) AND VENDORS, ONLY DIRECT DAMAGES UP TO USD $5.00 COLLECTIVELY. YOU CANNOT RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to any claims related to these API Terms or your use of the START.GG APIs.
Indemnification
You will defend, hold harmless, and indemnify Microsoft from any claim or action brought by a third party, including all damages, liabilities, costs and expenses, and reasonable attorney feeds, to the extent resulting from, alleged to have resulted from, or in connection with your breach of the obligations herein or infringement of Microsoft's or third party's intellectual property.
No Injunctive Relief
In no even shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the START.GG APIs, content or other material used or displayed through the current Microsoft website, START.GG website, or successor site.
No Third-Party Beneficiaries
There are no third-party beneficiaries to this Agreement.

9. Termination

We may suspend or immediately terminate these API Terms, any rights granted herein, and/or your license to the START.GG APIs, in our sole discretion at any time, for any reason. You may terminate these API Terms at any time by ceasing your access to the START.GG APIs.
Upon termination, all licenses granted herein immediately expire and you must cease use of the START.GG APIs. Neither party will be liable to the other for any damages resulting solely from termination of these API Terms.

10. General Terms

Applicable Law
1. United States. If you reside in the United States, Washington state law governs the interpretation of these API Terms and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
2. Outside the United States. If you reside in any other country, the laws of that country apply.
Support. Because the START.GG APIs are provided "as is", we may not provide support services for them. You are solely responsible for the quality of your application or website and providing support for your application or website.
Assignment and Delegation. You may not assign or delegate any rights or obligations under these API Terms, including in connection with a change of control. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these API Terms, fully or partially without notice to you.
Reservation of Rights. All rights not expressly granted herein are reserved by Microsoft. You acknowledge that all intellectual property rights within the START.GG APIs remain the property of Microsoft and nothing within these API Terms will act to transfer any of these intellectual property rights to you.
Microsoft and you are independent contractors. Nothing in this Agreement shall be construed as creating an employer-employee relationship, processor-subprocessor relationship, a partnership, or a joint venture between the parties.
No Waiver. Either party's failure to act with respect to a breach of these API Terms does not waive either party's right to act with respect to that breach or subsequent similar or other breaches.
Survival. Sections of these API Terms that, by their terms, require performance after termination or expiration of these API Terms will survive, such as, for example, the rights and requirements of section 3. Security.
Modifications. We may modify these API Terms at any time with our without individual notice to you. Any modifications will be effective upon your continued use of the START.GG APIs.
Entire Agreement. These API Terms and any documents incorporated into these API Terms by reference, constitute the entire agreement between you and us regarding the START.GG APIs and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these API Terms. If any provision of these API Terms is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible.