These API Terms of use are a legally binding contract between us and you (“you” or “partner”) and Firefish Software Ltd a company incorporated in Scotland (Company Number SC370891) and having its registered office at The Aquarium, Level 1, The Sinclair Building,18-20 Eagle Street, Glasgow, G4 9XA (“Firefish Software”, “we”, “us”, “our”).
BY ACCESSING AND USING THE API IN ANY WAY, YOU AGREE TO BE BOUNDBY THE AGREEMENT, INCLUDING WITHOUT LIMITATION THE WARRANTY DISCLAIMERS,LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREETO THE AGREEMENT, DO NOT USE THE API OR OUR SERVICES.
Firefish may modify the API terms of use at any time. Any changes will be notified to You via email or through the API documentation. Continued use of the API after the effective date of such changes will constitute acceptance of the modified terms.
Last updated: August 2024
1. Description
Firefish provides a hosted recruitment service, incorporating Applicant Tracking Software (ATS), Customer Relationship Management (CRM), Content Management System (CMS), social sharing tools, analytics, APIs, and other resources for recruiters.
Firefish Software Ltd has developed various application programming interfaces (API) which it makes available to developers and companies for the purpose of connecting and communicating with Firefish.
2. Definitions
2.1 "API" means the Firefish Application Programming Interface, including all associated tools, documentation, and related materials provided by Firefish Software Ltd.
2.3 "You" or "Your" refers to the individual or entity using the API.
2.4 "Confidential Information" means all non-public information disclosed by Firefish to You, whether orally or in writing, that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be understood to be confidential.
3. Use of Firefish API
3.1 License: Firefish grants You a limited, non-exclusive, non-transferable, revocable license to access and use the API solely for the purpose of integrating your applications, websites, and services with Firefish services, in accordance with our terms of service, API terms of Use and the API documentation.
3.2 Restrictions: You shall not:
· You are prohibited from using the Firefish API or any data or content obtained through the Firefish API for any purpose other than the purpose for which it is initially transmitted. An initial purpose may arise from the respective circumstances or the correspondence of the Parties. In any case, the transfer of personal data requires a legal basis to be determined in advance, in accordance with Art. 6 GDPR.
· Conduct any DNS attacks, including, but not limited to, DoS, DDoS, DNS Spoofing/DNS Cache Poisoning, Fast Flux, Reflected Attacks or Reflective Amplification DoS.
· transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs or transmit them via the Firefish API.
· Code and/or send any redundant queries to the Firefish API. Redundant queries will be considered as DDoS-like attacks and are subject to the same legal consequences.
4. Your Obligations
4.1 You warrant that you have full legal authority and power of representation to conclude and execute this agreement without violating any other agreement.
4.2 You agree to comply with all applicable laws and regulations in connection with your use of the API.
4.3 You must ensure that all access credentials (API keys, tokens) are kept secure and confidential. Notify Firefish immediately of any unauthorized use of your credentials or any other breach of security.
4.4 You acknowledge that Firefish may monitor your use of the API to ensure quality, improve Firefish products and services, and verify your compliance with these T&Cs.
4.5 You shall not use any data obtained via the API for any purpose other than to facilitate your use of the API as intended under these T&Cs.
4.6 Take commercially reasonable efforts to keep your systems functional for communication with the Firefish API.
4.7 Both parties will use reasonable efforts to ensure the uninterrupted operation of their respective internet platforms and systems. However, there can be no guarantee that the internet platforms and systems will not experience interruptions in operation. In particular, there may be interference and interruptions in service due to maintenance work.
4.8Except as otherwise provided in the Agreement, you are not permitted to assign the Agreement, in whole or in part, to a third party without the written consent of Firefish. A sale of the majority of the assets, a merger or a change of ownership shall be equivalent to an assignment for the purposes of this Agreement.
5. API and API Availability
5.1 Availability: Firefish aims to provide continuous availability of the API but does not guarantee uptime. Scheduled maintenance or unforeseen outages may affect availability. Firefish will use reasonable efforts to notify You of any significant interruptions.
5.2 Changes: Firefish reserves the right to modify, suspend, or discontinue the API or any part thereof at any time with reasonable notice. Firefish will provide notice of such changes via the API documentation or other means deemed appropriate.
6. Confidentiality and Privacy
6.1 Confidentiality: You agree to maintain the confidentiality of any Confidential Information accessed through the API and to use it solely for the purpose of integrating with Firefish services. You shall not disclose Confidential Information to any third party without the prior written consent of Firefish.
6.2 Any communication between you and Firefish via the Firefish API may contain confidential information. Confidential Information includes all materials, communications, and information that are marked as confidential or would normally be considered confidential under the circumstances. The receiving party shall not disclose the confidential information received to any third party unless the disclosing party consents to such disclosure in advance and in writing. Confidential Information does not include information that has been independently developed, lawfully acquired by a third party without a duty of confidentiality, or that is made public through no fault of either party. Notwithstanding the Agreement, confidential information may only be disclosed if required to do so by law. Proof of such an existing legal obligation is the responsibility of the party invoking a legal obligation to disclose.
7. Testing of the Application
7.1. Firefish will test the application in advance to ensure that it meets the technical requirements that Firefish will disclose to you at the beginning of the integration by the Product Experience Team.
7.2. If there are indications that the Application does not or cannot meet the contractual obligations while operational, Firefish will immediately notify you and request that the error to be rectified without delay, whereby the deadline for rectification is based on the severity of the fault. If you do not comply with the request within the set time limit, it reserves the right to close access to the API, until the error has been rectified.
8. Intellectual Property
8.1 Ownership: Firefish retains all rights, title, and interest in and to the API, including any enhancements, improvements, or modifications. No rights or licenses are granted except as expressly set forth herein.
8.2 Feedback: If You provide feedback or suggestions about the API, Firefish may use such information without obligation to You.
9. Data protection and data security
9.1. Firefish provides you with the information submitted by candidates via the Firefish API. The Party responsible for the processing of the personal data is obliged to comply with the applicable data protection laws.
9.2. From the moment of transmission to you, you are responsible for the processing of the data, and becomes the data controller, unless they themself acts on behalf of another person. The parties are obliged to comply with the provisions of data protection law, in particular the security of data processing in accordance with Art. 32GDPR and the Firefish Data processing agreement . You are responsible for obtaining any necessary consents from your users for the collection and use of their data through your application and as well as the implementation of technical organizational measures and the statutory deletion periods.
9.3. In the event of an external attack or technical failure that may damage Firefish’s data or systems, you must inform Firefish in writing immediately, but no later than within 24 hours, and take all possible and necessary measures for you to protect Firefish's data and systems from damage.
10. Warranties and Acknowledgements
10.1 Disclaimer: The API is provided "as is" and "as available" without any warranties of any kind. Firefish disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.2 Acknowledgement: You acknowledge that the use of the API is at your own risk. Firefish does not guarantee that the API will be error-free, secure, or uninterrupted.
11. Limitation of Liability
11.1 Exclusion of Damages: Firefish shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
12.Assignment of the Agreement
Except as otherwise provided in the Agreement, you are not permitted to assign the Agreement, in whole or in part, to a third party without the written consent of Firefish. A sale of the majority of the assets, a merger or a change of ownership shall be equivalent to an assignment for the purposes of this Agreement.
13. Termination
13.1.The agreement is valid indefinitely. Either Party may terminate the agreement at any time with three months' notice. Notice of termination must begiven in writing or in text form.
13.2 Termination by Firefish: Firefish may terminate your access to the API with immediate effect if you violate the API terms of use or if it decides to discontinue the API. Termination notices will be provided in a timely manner via email or other communication means.
13.3 Upon termination of the Agreement, all rights granted to You under the API terms of use will cease immediately, and you agree to delete all personal data received through or related to the
14. Law and Jurisdiction
14.1 The Agreement and any disputes or claims arising out of or in connection with their subject matter or formation shall be governed by and construed in accordance with the laws of Scotland and you and Firefish Software submit to the exclusive jurisdiction of the Scottish courts in respect of any disputes.
