Terms of Service

1. Purpose and scope

These Terms of Service govern:

• the creation and use of accounts on kit.apisdom.com;
• access to and use of the ApisKit demonstration environment;
• the acceptable use rules for that environment;
• and the license to use the ApisKit software products acquired lawfully.

Merely informational access to the site does not imply the acquisition of any product.

The creation of an account and the use of the demonstration environment are subject to these Terms.

The software license applies only to those who have validly acquired an ApisKit product.

2. Owner

The owner of ApisKit and licensor of the software is the same owner identified in the ApisDom Legal Notice.

The full identification and contact details are centralized in that Legal Notice and are not reproduced again in these Terms.

3. Demo and place of purchase

kit.apisdom.com is a presentation and demonstration site for ApisKit products.

No sales are made and no payments are processed on kit.apisdom.com.

Purchases of ApisKit products are completed through Polar Checkout, via the purchase links available on this site.

The conditions regarding price, taxes, payment, delivery, withdrawal and refunds are governed exclusively by the Payment Conditions.

Use of the demo implies no obligation to buy and does not by itself grant rights over the source code of ApisKit products.

Polar Software, Inc. acts as reseller and Merchant of Record for the transaction, so the buyer acquires the product from Polar. ApisKit retains ownership of the software and is the party that licenses it under the applicable conditions.

4. User account

The user is responsible for:

• providing correct information when required to create the account;
• keeping their credentials under their control;
• not giving third parties unauthorized access to their account;
• using the features exclusively for the purposes for which they have been enabled.

The user must report any unauthorized access of which they become aware.

An account does not grant administrative rights over ApisKit, its infrastructure, other users or third-party information, even if the demonstration environment allows testing certain functions with administrative appearance or capabilities.

5. Nature of the demonstration environment

The demo exists to allow the user to learn about and test certain ApisKit functions before deciding whether to acquire any product.

It must not be used as:

• a production service;
• permanent storage;
• a backup;
• a repository of confidential information;
• a store of credentials or secrets;
• infrastructure to provide the user’s own services to third parties.

Data entered solely for demonstration purposes may be deleted, reset or purged when necessary for maintenance, security or operation of the demo, always respecting the applicable legal obligations regarding data protection.

ApisKit does not guarantee the indefinite retention of information entered in the demonstration environment.

6. Acceptable use

The user may use the functions expressly enabled in the demo and go through the flows made available to evaluate them.

The following is prohibited:

• accessing or attempting to access accounts, tickets, data, files or resources belonging to other users;
• attempting to obtain privileges or permissions different from those expressly granted;
• circumventing authentication, access controls, limits, technical restrictions or security mechanisms;
• searching for, exploiting or attempting to exploit vulnerabilities without prior and express authorization;
• performing automated scans, penetration testing, load testing or equivalent activities without authorization;
• using bots, scripts, scraping or other automated mechanisms that generate an abnormal or unauthorized load;
• introducing malware, malicious code, harmful files or content intended to compromise systems;
• interfering with the availability or operation of the application or its infrastructure;
• collecting information about other users;
• using the demo for spam, fraud, illegal activities or infringement of third-party rights;
• using demonstration administrative features to attempt to access resources other than those the system has assigned to the user.

ApisKit may establish reasonable technical controls intended to prevent abuse, unauthorized automation or abnormal use of resources.

7. User-provided content

The user retains the rights that correspond to them over the information and files they enter in the demo.

By entering them, they authorize only their technical processing to the extent necessary to provide the requested functionality, such as storing an attachment or displaying a message within a ticket.

The user is responsible for not providing content that is:

• unlawful;
• infringing on third-party rights;
• not authorized for them to use;
• or that includes confidential information, secrets, credentials or third-party personal data unnecessary to test the functionality.

The processing of personal data is governed exclusively by the Privacy Policy.

8. Nature of the license

The acquisition of an ApisKit product does not transfer ownership of the source code or of the intellectual property rights over ApisKit.

Through a valid acquisition, the buyer is granted a license that is:

• non-exclusive;
• limited to the acquired scope;
• non-transferable;
• and non-sublicensable except with express authorization.

Ownership of the code and other ApisKit materials remains with its owner.

Spanish law specifically recognizes these exploitation rights over computer programs and presumes, unless proven otherwise, that the grant of use is non-exclusive and non-transferable and intended to meet the user's needs.

9. Scope of each license

The number of people, projects or uses authorized will be the one expressly indicated in the product tier or listing at the time of purchase.

If a tier does not expressly establish a different scope, the license will be understood as granted to a single buyer for a single End Product of their own.

For these purposes, an End Product is a real application developed by incorporating or adapting the acquired ApisKit product.

Users who simply use, as customers, a SaaS application deployed by the licensee do not need to acquire an ApisKit license, provided they do not receive access to the source code.

Using the same code for another independent End Product will require another license, unless the acquired tier expressly authorizes multiple projects.

10. Permitted use of the code

Within the scope of the acquired license, the licensee may:

• download and keep the code;
• install it in their own development environments;
• modify and adapt it for the authorized End Product;
• combine it with their own code and with compatible dependencies;
• deploy the End Product;
• use development, testing, staging, production, backup and CI/CD environments needed for that same End Product;
• commercialize and exploit the End Product;
• allow end users to use the deployed application without an additional ApisKit license.

Authorization to modify the code does not grant rights to redistribute ApisKit or its derivatives as independent source code.

11. Teams, collaborators and clients

Human access to the code is limited to the persons expressly covered by the acquired tier.

Unless the acquired license indicates otherwise:

• an individual license cannot be shared with other developers;
• repository access cannot be provided to employees, collaborators, contractors or uncovered third parties;
• it cannot be used to deliver the source code of ApisKit or its derivatives to a client;
• a single license cannot be used to develop and deliver independent products to several clients.

When a specific tier for teams, agencies or clients exists, the scope expressly established for that tier will apply.

12. Prohibitions on the code

Except with prior and express authorization, the following is prohibited:

• selling ApisKit or a substantial part of it as source code;
• reselling or redistributing the acquired product;
• giving it away, publishing it or making it available to third parties;
• uploading the code or substantial derivatives to public repositories;
• sharing credentials, download access or private repositories with unauthorized persons;
• sublicensing, renting, lending or transferring the license;
• extracting components to distribute them as independent products;
• creating and distributing from ApisKit another starter kit, template, code kit, library or product whose main purpose is to provide substantially the same code to third parties;
• using modifications, reorganizations, renaming or refactoring as a means to circumvent these restrictions;
• removing authorship, copyright or license notices whose preservation is legally required;
• circumventing license mechanisms or access controls;
• using the ApisKit code as a dataset to train, fine-tune or create artificial intelligence models.

A substantial modification of the code does not automatically turn a derivation of ApisKit into a product free from these conditions when it continues to incorporate protected parts of the licensed code.

13. Artificial intelligence tools

You may use programming assistants and artificial intelligence tools as support to develop, review, explain, complete or refactor the End Product.

This authorization does not allow:

• using ApisKit as a training dataset;
• fine-tuning with the code;
• creating datasets derived from the code to train models;
• publishing or redistributing the code through those tools.

The licensee is responsible for verifying that the conditions of the tool provider used are compatible with their confidentiality obligations and with this license.

14. Legal rights that are not excluded

Nothing in this license is intended to eliminate the rights that applicable law mandatorily recognizes for the legitimate user of a computer program.

In particular, the limits and powers that cannot be contractually excluded under applicable intellectual property law will be respected.

15. Third-party components and licenses

ApisKit products may incorporate libraries, packages or other components belonging to third parties.

Those components keep their own licenses and rights.

These Terms:

• do not replace third-party licenses;
• do not attribute to ApisKit rights belonging to third parties;
• and do not eliminate attribution obligations, notice preservation or other applicable conditions.

The licensee must respect the third-party licenses included with the product.

16. Support

The purchase includes support only when the listing, tier or conditions of the acquired product expressly state that it is included.

Unless expressly established otherwise, support is limited to matters directly related to:

• the original code delivered;
• the documentation;
• reproducible problems of the product;
• and reasonable clarifications about its installation or documented operation.

Support does not include:

• custom development;
• full implementation of the buyer's project;
• creation of new features;
• consulting;
• adaptation of the architecture to the buyer's specific project;
• administration of servers, Firebase, external services or the buyer's infrastructure;
• correction of modifications made by the buyer or third parties;
• resolution of errors caused by external configurations;
• problems specific to third-party services, SDKs, APIs or dependencies;
• legal adaptation of the buyer's business.

There is no response time, permanent availability or specific service level unless expressly offered in the acquired tier.

17. Technical requirements, installation and third-party dependencies

ApisKit is supplied as source code for its installation, configuration and integration by the buyer. It is not a hosted service, a managed service or a managed installation service.

The product is designed to work with the technical requirements, versions and dependencies identified in the product listing and in the documentation corresponding to the acquired version. The versions of the dependencies supplied with the product and their configuration files form part of the reference environment of that version.

The buyer is responsible for having the necessary technical knowledge, meeting the published requirements, installing the supplied dependencies, correctly configuring the required environment variables and third-party services, and following the installation and integration instructions.

Errors or incompatibilities caused exclusively by the following will not in themselves constitute a lack of conformity:

• failure to meet the published technical requirements;
• omission or incorrect installation of dependencies;
• use of versions, environments or configurations not declared as compatible;
• modification, replacement or updating by the buyer of dependencies, configuration files or supplied code;
• incorrect configuration of Firebase, Stripe, email services or other external providers;
• failure to follow the installation or integration instructions;
• changes introduced by the buyer or by third parties after delivery.

ApisKit does not guarantee compatibility with future or unsupported versions of dependencies, platforms, SDKs, APIs or third-party services.

Where it is legally mandatory to provide an update necessary to maintain the conformity of the product, that obligation will be respected under the terms established by applicable law. If such an update is correctly provided and the buyer, having been informed of its availability and of the consequences of not installing it, decides not to install it or installs it incorrectly for reasons not attributable to the instructions provided, ApisKit will not be liable for the lack of conformity caused exclusively by that circumstance.

Nothing in this clause limits the non-waivable rights that correspond to consumers under applicable law.

18. Updates

The buyer will be entitled only to the updates expressly included in the acquired tier or that are mandatory under applicable law.

Unless expressly committed, ApisKit does not guarantee:

• a specific frequency of new versions;
• a development schedule;
• specific future features;
• indefinite compatibility with new versions of third-party services or dependencies;
• free access to other different kits or products;
• that a new piece or independent product will be incorporated into a previous license.

Where mandatory consumer rights relating to conformity or updates of digital content apply, they will prevail over any incompatible contractual limitation. Spanish law expressly governs the conformity, functionality, compatibility and interoperability of digital content and services and does not allow reducing the mandatory rights of the consumer by clause.

19. Licensee responsibility

ApisKit provides code intended to be integrated, configured and adapted.

It is up to the licensee to:

• correctly configure the project;
• protect their credentials and secrets;
• configure their providers;
• establish and test permissions and security rules;
• review the modifications they introduce;
• test the resulting application;
• maintain their dependencies and infrastructure;
• verify that the product is suitable for their specific case;
• comply with the legal obligations applicable to their own business;
• professionally adapt and review the sample legal texts before using them in production.

The legal pages included as an example in a kit are sample material and do not constitute legal advice.

20. Warranties

Without prejudice to the conformity rights and other warranties that are mandatory by law, ApisKit does not guarantee that the product:

• is suitable for any particular purpose not expressly described;
• is compatible with any infrastructure, modification or external service;
• remains indefinitely compatible with future third-party versions;
• is free of any error in all circumstances;
• works correctly after modifications made outside the delivered code;
• can be used in production without configuration, review, testing and adaptation by the buyer.

The features that have been expressly offered as part of the product are subject to the conformity obligations that legally apply.

Contractual clauses cannot deprive consumers of the legal conformity rights or inadequately limit the liability that the law recognizes for them.

21. Third-party services and dependencies

ApisKit may integrate with or use external services, infrastructures, libraries and providers.

ApisKit does not control the changes, interruptions, prices, policies, vulnerabilities, availability or decisions adopted by those third parties.

To the extent permitted by law, the owner of ApisKit will not be liable for damages produced exclusively by:

• unavailability of an external service;
• changes made by that provider;
• errors specific to a third-party dependency;
• configurations created by the buyer;
• the buyer's external credentials or accounts;
• modifications unrelated to ApisKit.

22. Limitation of liability

To the maximum extent permitted by applicable law, and especially when the licensee acts within their business or professional activity, no liability will be accepted for indirect or consequential losses arising from:

• loss of profits;
• loss of business opportunities;
• business interruptions;
• loss caused by the licensee's configurations or modifications;
• use of the product contrary to its documentation or to these Terms;
• actions of third parties beyond ApisKit’s control.

Where the law allows quantitatively limiting contractual liability, the accumulated liability arising from a product will not exceed the amount actually paid for the license of the product that gave rise to the claim.

This limitation will not apply when a mandatory rule prohibits excluding or limiting such liability, nor will it reduce the rights that mandatorily correspond to consumers and users.

23. Suspension or limitation of the demo

ApisKit may limit, block or suspend, in whole or in part, an account or access to the demo when there is a reasonable cause related to:

• breach of these Terms;
• abuse of resources;
• security risk;
• attempted unauthorized access;
• infringement of third-party rights;
• illegal activity;
• fraud;
• unauthorized automation;
• urgent need to protect users, data or infrastructure.

When the security urgency justifies it, the suspension may be carried out without prior notice.

The demo may also be temporarily limited for maintenance, technical incidents or circumstances reasonably beyond the owner’s control.

24. Termination of the license

The license will remain in force until it is terminated in accordance with these Terms.

The owner may terminate it in the event of an essential breach of the license.

When the breach can reasonably be remedied, its correction may be required within an appropriate period.

It may be terminated immediately when there is, among others:

• unauthorized redistribution;
• publication of the code;
• unauthorized sublicensing or transfer;
• use to create and distribute a substantially equivalent product;
• deliberate transfer of the code to unauthorized persons;
• use of the code for training models against what is established in these Terms;
• deliberate circumvention of license or access mechanisms.

25. Effects of termination

Once the license is validly terminated, the licensee must:

• cease the use that is no longer authorized;
• delete the active copies of the licensed code under their control;
• withdraw access granted to persons authorized under that license;
• not subsequently restore backups for the purpose of continuing an unauthorized use.

Copies contained in automatic and immutable backup systems may remain until their deletion according to the normal retention cycle, provided they are not restored or used.

Termination does not eliminate liabilities arising from previous breaches.

The clauses intended by their nature to survive termination, especially intellectual property, redistribution restrictions and liability for previous infringements, will remain applicable.

26. Changes to these Terms

The version applicable to an acquired license will, as a general rule, be the one in force and made available to the buyer when the acquisition was formalized.

Subsequent modifications will not retroactively reduce the rights already acquired unless they are necessary due to a legal obligation or another valid legal basis exists.

For the demonstration environment, these Terms may be updated prospectively for legal, technical or security reasons.

When a change materially affects the use of an active account, reasonable information will be provided before the change becomes applicable where legally required.

27. Partial invalidity

If a clause is declared wholly or partially invalid or inapplicable, this will not by itself affect the validity of the rest of the Terms.

The affected provision will be applied, where legally possible, to the minimum extent necessary to preserve its legitimate purpose.

28. No waiver

The failure to immediately exercise a right arising from these Terms does not constitute a permanent waiver of that right.

29. Governing law and jurisdiction

These Terms will be governed by Spanish law.

Disputes will be submitted to the courts and tribunals that are competent under applicable law.

When the user or buyer has the status of consumer, the mandatory rules of territorial jurisdiction and consumer protection will be fully respected, without imposing a jurisdiction that reduces their legal rights.

30. Language versions

ApisKit may provide these Terms in different languages.

The versions must maintain the same substantial content. In the event of an interpretive discrepancy, the Spanish version will be the reference version to the extent that this rule is legally admissible and without prejudice to the mandatory rights that correspond to the consumer.

31. Contact

Questions regarding these Terms or the license can be directed through the contact channel identified in the Legal Notice.

The owner's full personal data is not reproduced here because it is available centrally in that document.