API TOOLS TERMS AND CONDITIONS

Last updated: December 13, 2018

1.1.  API Tools.

These API Tools Terms and Conditions (the "API Terms"), together with the Terms of Service (the "TOS"), govern your use of any and all development applications provided by HBUS, including HBUS' application programming interface and any accompanying or related documentation, source code, executable applications and other materials, and any other resources or services made available to you (collectively, the "API Tools").

1.2.  License Grant.

Subject to the TOS and these API Terms, HBUS grants you a limited, revocable, non-exclusive, non-transferrable and non-sublicensable license solely to use and integrate the API Tools and underlying content into your website or application (your "Application") so that your Application can interface with the Services.

1.3. Restrictions and Responsibilities

By using the API Tools, you agree to the following terms:
1.3.1.  Requirements. You agree to:
(1) register for an Account; comply with the API Terms. If you continue to use the API Tools after any amendment of the API Terms, you will be deemed to have accepted such amendment; comply with all applicable laws, regulations, licensing requirements, and third party rights (including data privacy laws); represent and warrant that your Application, including the name of the Application and all content in your Application, does not and will not infringe the Intellectual Property rights of HBUS or any third party; to the extent that your Application collects, uses, stores, and discloses data from end users, disclose in your Application, how you collect, use, store, and disclose data collected from end users, as described in Section 6.2 of these API Terms; obtain prior written approval from HBUS prior to releasing any statements, written media releases, public announcements and public disclosures, including promotional or marketing materials, relating to HBUS or these API Terms; comply with additional verification procedures if your Application seeks permissions to transfer digital currency in an amount greater than predefined limits; and take steps to adequately secure your OAuth Token(s) or API Keys.
1.3.2.  Prohibited Conducts. You agree not to: copy, rent, lease, sell, sublicense, or otherwise transfer your rights in the API Tools to any third party alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create source code derived from the API Tools; cache, aggregate, or store data or content accessed via the API Tools other than for purposes allowed under these API Terms; use the API Tools for any Application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code; use the API Tools to encourage, promote, or participate in illegal activity, violate third party rights, including intellectual property rights or privacy rights, or engage in any Prohibited Use or Prohibited Business as defined in the TOS; use the API Tools in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise impacts the stability of HBUS' servers or impacts the behavior of other applications using the API Tools; display API Tools or any Mark in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and HBUS, other than as expressly permitted in writing by HBUS; or attempt to cloak or conceal your identity or your Application's identity when requesting authorization to the API Tools. 1.3.3.  Indemnification. To the extent permitted by law, you agree to defend, indemnify and hold harmless HBUS, its affiliates and their respective directors, officers, employees and agents from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising out of or accruing from (a) your use of the API Tools in violation of these API Terms (b) your Application or the use of your Application that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, or (c) your failure to secure and keep secret your OAuth Token(s) or API key(s).

2.  Activities Subject to Additional Restrictions.

2.1.  Additional Prohibited Activities. You must not use the API Tools to create/offer an Application which is designed for or results in any of the following: 2.1.1.  Provide International Remittance Services. Any Application which involves a service that provides for: (i) an international (cross border) transfer of funds from a sender to a recipient, (ii) without an underlying sale or other bona fide commercial purpose for the transfer. 2.1.2.  Provide Digital Currency Exchange Services. Any Application which involves a business engaged in the exchange of digital currency for fiat currency, funds, or other digital currency and which accepts and transmits a convertible digital currency or buys or sells convertible digital currency for any reason. 2.1.3.  Provide Banking or Other Licensed Financial Services. Application which either holds money for eventual payment or which offers or provides credit, either directly or as a broker or arranger between third parties, or any Application that would require licensing as a bank, money services business, or other financial service provider, or as an escrow service in the jurisdiction where the service's users reside. 2.2.  Activities Subject to Additional Restrictions. You must obtain HBUS' prior written consent (which HBUS may withheld in its sole discretion) and satisfy any additional requirements if you would like to use the API Tools in connect with an Application related to any of the following: 2.2.1  Provide Gaming Services. Any Application which involves the payment of funds by a customer in exchange for the chance to earn or win a prize, reward, or other payment. 2.2.2  Provide Donation Acceptance Services. Any Application which involves a service for the acceptance of donations on behalf of a charity or other religious or spiritual organization.

3.  Intellectual Property and Ownership; Use of Marks.

As between HBUS and you, the API Tools and all intellectual property rights therein and thereto are and will remain the sole and exclusive property of HBUS and are protected by applicable intellectual property laws and treaties. You have no rights with respect to API Tools except as expressly set forth herein. If you obtain HBUS' prior written consent, you may use and display HBUS' Marks solely to attribute the source of the API Tools.

4.  API Calls and Compliance.

HBUS may set limits on the number of calls to the HBUS application programming interface that you can make at its sole discretion. If you exceed these limits, HBUS, in our sole discretion, may moderate your activity or cease offering you access to the APIs Tools. You agree to such limitations and will not attempt to circumvent such limitations. HBUS may immediately suspend or terminate your access to the API Tools and/or your Account without notice if HBUS believes, in its sole discretion, that you are in violation of these API Terms.

5.  Updates and Support.

HBUS may elect to provide support or modifications for the API Tools, in its sole discretion, and may terminate such support at any time without notice. HBUS may change, suspend, or discontinue the API Tools, in whole or in part, at any time.

6.  Security and Privacy.

6.1.  Security. You will use all reasonable efforts to protect Customer Data (as defined below) collected by your Application, including any personally identifiable information ("PII"), from unauthorized access or use. In the event your systems or infrastructure that are used for storage, processing or hosting Customer Data are breached or compromised, or if Customer Data is inadvertently exposed to non-authorized third parties, you will notify HBUS promptly of such breach or exposure including root cause, remediation steps, and compensating controls to ensure such breach does not occur in the future. You are responsible for providing customer notification required by the applicable law and you will bear the costs incurred by HBUS resulting from your breach or exposure. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any API Tools or any authorized or unauthorized use of your Application. 6.2.  Privacy and PII. "Customer Data" means any and all technical information, PII, device usage information, or other information derived from access to or use of any of the API Tools, including data that relates to any end users of any HBUS products or services or pertains to use of any HBUS products or services by such end users. You acknowledge and agree that you are solely responsible for obtaining all required consents from end users in connection with any use of your Application and the API Tools, which consent will be compliant with all applicable data protection legislation and other privacy laws, rules, and regulations. Without limiting the foregoing, before collecting any Customer Data or other information from end users of your Application, you must provide adequate notice of what Customer Data and other information you collect and how it will be used and/or shared and obtain any necessary consents. You and your Application will comply with all privacy laws and regulations (including those applying to PII) in connection with your access and use of the API Tools. You will provide and adhere to a privacy policy for your Application that: (i) complies with all applicable laws, rules, and regulations, (ii) is conspicuously displayed to all end users of your Application, and (iii) clearly and accurately describes to end users of your Application what data and user information you collect (such as PII, login information, etc.) and how you use and share such information (including for advertising) with HBUS and third parties. If a user requests of you or HBUS to have any Customer Data that may be considered PII under any law, rule, or regulation throughout the world deleted, you agree to promptly honor the user's or HBUS' request and to delete all such data and information from your servers and other assets, including back-ups, to the extent reasonably possible, or to anonymize all user data so it cannot be tied back to a user's identity. 6.3.  Data Use. You will not sell any Customer Data or disclose any Customer Data to any third party. Your Application may use Customer Data only as required for use and access to your Application by the end user to whom such Customer Data relates. You will not sublicense the Customer Data to any third party, and you will not use or disclose any information derived directly or indirectly from the Customer Data for any purpose other than as set forth above. Without limiting the generality of the foregoing, you will not use any part of the Customer Data to create a database separate from your Application or transmit all or part of the Customer Data to any third party for any use separate from your Application. Any use of Customer Data other than as expressly permitted by these API Terms is strictly prohibited.