EKM Push APIs Terms of Use
Overview
If you ’ve found yourself on this page, it ’s because you ’re interested in building software that interfaces with data provided by the EKM Push data system, a service provided by EKM Metering, Inc. (EKM). Thank you.
Scope
By accessing or using EKM Push APIs (Push APIs), you are agreeing to the terms below.
Data Rights and Usage
Accounts/Registration
If you are using the Push APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you ”in the Terms refer to you and that entity).
In order to access the Push APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the Push APIs, or as part of your continued use of the Push APIs. Any registration information you give to EKM must be accurate and up to date and you must inform EKM promptly of any updates so that we can keep you informed of any changes to the Push APIs or the Terms, which may impact your usage of the Push APIs.
Developer credentials (such as passwords, keys, tokens, and client IDs) issued to you by EKM are intended to be used only by you and to identify any software which you are using with the Push APIs. You agree to keep your developer credentials confidential and make reasonable efforts to prevent and discourage other persons or entities from accessing or using your developer credentials. Developer credentials may not be embedded in open source projects.
You may only access (or attempt to access) the Push APIs by the means described in the documentation of those APIs. If EKM assigns you developer credentials, you must use them with the applicable APIs. EKM may revoke your developer credentials for inappropriate use as determined by EKM.
If you are granted production application credentials for the Push APIs, you may only use those credentials with the application that passed the production access review process. EKM may revoke your production application credentials if you use or attempt to use them with another application or product that has not been reviewed and approved by EKM.
Activities and Purposes
You may use the Push APIs to develop a service to search, display, analyze, retrieve, view and otherwise obtain certain information or data returned by our APIs.
Privacy
Information or data available from the Push APIs is subject to the Privacy Act of 1974, other laws, and require special safeguarding. You must comply with all applicable federal and state laws regarding the protection and disclosure of information obtained through a Push API.
You further acknowledge that when records regarding a meter or sensor are obtained through a Push API, you may not disclose any information or data, regarding the meter or sensor, to any other individuals or third parties without specific, explicit consent from the meter or sensor owner, or their authorized representative. The terms “individual ”and “record ”have the meanings given in the Privacy Act at 5 U.S.C. §552a(a).
Attribution
EKM does not require attribution for use of the Push APIs.
Service Management
Right to Limit
Your use of the Push APIs will be subject to certain limitations on access, calls, or use as set forth within these Terms or otherwise provided by EKM. These limitations are designed to manage the load on the system, promote equitable access, and prevent abuse, and these limitations may be adjusted without notice, as deemed necessary by EKM. If EKM reasonably believes that you have attempted to exceed or circumvent these limits, your ability to use the Push APIs may be temporarily or permanently blocked. EKM may monitor your use of the Push APIs to, for example, improve the service or to ensure compliance with these Terms.
Service Termination
If you wish to terminate your agreement with these Terms, you may do so by refraining from further use of the Push APIs. EKM reserves the right (though not the obligation) to: (1) refuse to provide the Push APIs to you, if EKM determines that use violates any EKM policy, including these Terms; or (2) terminate or deny you access to and use of all or part of the Push APIs at any time for any other reason which in its sole discretion it deems necessary in order to prevent abuse. You may petition EKM to regain access to the Push APIs through the support email address provided by EKM for the Push APIs. If EKM determines in its sole discretion that the circumstances which led to the refusal to provide the Push APIs or terminate access to the Push APIs no longer exist, then EKM may restore your access. All provisions of these Terms, shall survive termination, including, without limitation, warranty disclaimers, and limitations of liability.
Liability
Disclaimer of Warranties
The Push API platform is provided “as is ”and on an “as-available ”basis. While we will do our best to ensure the service is available and functional at all times, EKM hereby disclaims all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. EKM makes no warranty that data will be error free or that access thereto will be continuous or uninterrupted.
Limitations on Liability
In no event will EKM be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (1) any special, incidental, or consequential damages; (2) the cost of procurement of substitute products or services; or (3) for interruption of use or loss or corruption of data.
Disputes, Choice of Law, Venue, and Conflicts
Any disputes arising out of this Agreement and access to or use of the Push APIs shall be governed by the laws and common law of the United States of America. You further agree and consent to the jurisdiction of the Federal Courts and waive any claim of lack of jurisdiction or forum non conveniens. Some Push APIs may have API-specific terms of use. If there is a conflict between these Terms and additional terms applicable to a specific Push API, the terms applicable to the specific Push API will control.
Indemnification
You agree to indemnify and hold harmless EKM, including its contractors, employees, agents, and the like, from and against any and all claims and expenses, including attorney ’s fees, arising out of your use of the Push APIs, including but not limited to violation of these Terms.
No Waiver of Rights
EKM ’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Framework
You agree to use the Push APIs in a manner consistent with the following framework unless otherwise provided by applicable law or as specified above:
- Transparency: The existence of record-keeping systems and databanks containing data about beneficiaries should be publicly known, along with a description of the main purposes and uses of the data.
- Consent: There should be limits to the collection of personal data and it should be collected by lawful and fair means, and that data should be collected, where appropriate, with the knowledge or consent of the data subject. Personal data must not be communicated externally without the consent of the beneficiary or as otherwise permitted by applicable law.
- Use and Disclosure: There must be limits to the internal uses of personal data and that the data should be used only for the purposes specified at the time of collection. Personal data must not be communicated externally without the consent of the beneficiary or as otherwise permitted by applicable law.
- Individual Access: Each beneficiary should have a right to see any data about him or herself and to annotate any data that is not timely, accurate, relevant, or complete where the application has the ability to do so.
- Security: Personal data should be protected by reasonable security safeguards against such risks as loss, unauthorized access, destruction, use, modification, or disclosure.
- Data Quality: Personal data should be relevant to the purposes for which they are to be used, and should be accurate, complete, and timely.
- Accountability: Record keepers should be accountable for complying with fair information practices.