API License Terms
1. SumUp APIs
The SumUp APIs are any form of application programming interfaces that SumUp makes available, including all associated tools, elements, components, executables, test instances or environments, and any related documentation, sample codes, updates and other related materials, whether tangible or intangible, in whatever form or medium that are made available by SumUp through the SumUp cloud or as otherwise provided to you. The SumUp APIs are offered as part of different packages and the service descriptions of the different SumUp API packages available on the Website define the scope of the respective SumUp API’s functionalities. You must have an Account with SumUp to access and use SumUp APIs, as described in section 1 of the General Terms.
Subject to these API License Terms, SumUp grants you a non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable and limited license to use and access SumUp APIs solely in connection with developing, implementing and distributing applications, websites, products or services you operate and offer that interoperate or integrate with our Services (your “Products”), and solely in the manner described in these API License Terms and in the Documentation accompanying SumUp APIs. Any payment processing enabled by you via a SumUp API requires an Account with SumUp and is subject to SumUp’s Payment Terms. You are solely responsible for, and SumUp disclaims all liability for, your Products. We reserve the right to modify or terminate SumUp APIs for any reason in accordance with our General Terms, the Payment Terms, or these API License Terms.
2. Your responsibilities
You will use SumUp APIs and operate and offer Products which access SumUp APIs only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy or local laws). You will not use SumUp API to encourage or promote illegal activity. You will only access the applicable SumUp API package following the implementation instructions and other requirements specified in the Documentation for the SumUp API package, which is expressly incorporated into these API License Terms by reference, or as otherwise provided by SumUp from time to time. You will ensure that any references to SumUp and/or the functions provided by the SumUp API in your Products, or in any other material to be seen by your customers shall follow any guidelines published on our Website.
You will not, and will not allow others acting on your behalf to:
Share SumUp APIs with any third party or create an API client that functions substantially the same as SumUp APIs and offer it for use by any third party;
Use SumUp APIs to introduce any virus, worm, defect, trojan horse, malware, or any items of a destructive or harmful nature;
Access or use SumUp APIs for fraudulent or illegal purposes, or for any other purpose that may be harmful (in SumUp’s sole discretion) to SumUp, its Services or any customer, or to otherwise communicate any message or material that is deemed harassing, threatening, indecent, obscene, slanderous or otherwise unlawful;
Access or use SumUp APIs in a manner that exceeds a reasonable request volume or constitutes excessive or abusive usage, overburdens, impairs or materially disrupts the networks, security systems, our Services and/or Website, or interferes with another party’s use of our Services;
Interfere with or disrupt SumUp APIs or the servers or networks providing the SumUp APIs;
Try to access anything not authorized by SumUp, extract source code or try to extract or create derivative works;
Misrepresent or mask your identity when using SumUp APIs;
Distribute, sell, lease, rent, lend, transfer, assign or sublicense any rights granted by these API License Terms to any third party;
Remove or destroy any copyright notices, proprietary markings or confidentiality notices placed upon, contained within or associated with the SumUp API;
Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorised by applicable law), modify or alter any part of the SumUp APIs.
SumUp may at its sole discretion decide whether your access or use of the SumUp APIs violates any restrictions imposed under the General Terms, the Payment Terms, or these API License Terms. We retain the right to suspend or terminate your Account and/or access to SumUp APIs if we determine, or reasonably suspect, that a violation has occurred.
If you retrieve any personal data through our Services, you must access only the minimum data fields needed for the purposes of the processing and ensure that personal data is collected, processed, transmitted and maintained according to all applicable terms and legislation and that reasonable measures to protect the privacy and security of data are taken.
5. Monitoring and Limits
SumUp may monitor your use of SumUp APIs to ensure quality, improve our Services, and verify your compliance with these API License Terms, the General Terms and the Payment Terms. This monitoring may include SumUp accessing and using your API client to, among other things, identify security issues that could affect SumUp, its customers, or its licensors. You will not interfere with this monitoring. SumUp may use any technical means to overcome such interference. Your access to any SumUp API may be restricted, limited, or filtered in accordance with applicable laws.
Your use of SumUp APIs is subject to certain limitations on access, calls and use as set forth in these API License Terms, in the Documentation accompanying such SumUp API, or as otherwise provided to you by SumUp. You will not attempt to exceed or circumvent limitations on access, calls and use of the SumUp APIs, or otherwise use any SumUp APIs in a manner that exceeds reasonable request volumes, constitutes excessive or abusive usage, or fails to comply, or is inconsistent with, any part of these API License Terms, the General Terms or the Payment Terms. If SumUp believes that you have attempted to exceed or circumvent any limitations, your ability to use SumUp APIs may be temporarily or permanently blocked.
6. Proprietary Rights and Feedback
You expressly acknowledge that as between you and SumUp, SumUp owns all rights, title and interest in and to SumUp APIs, SumUp trademarks, and Services (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You agree not to do anything inconsistent with such ownership. Any rights not expressly granted herein are withheld.
Subject to these API License Terms and the General Terms, SumUp grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to display the applicable SumUp logos, trademarks, or other identifiers solely as necessary to notify your customers that your Products interoperate or integrate with our Services. SumUp may limit or revoke your ability to use SumUp trademarks at any point.
You grant SumUp and its subsidiaries and affiliates a paid-up, royalty-free, revocable, non-exclusive, non-transferable license to use your Products for testing, review or other related purposes to ensure that your Products comply with these API License Terms. You may revoke this license at any time by providing written notice to us. If you revoke this license, these API License Terms will immediately terminate.
You may provide SumUp with comments concerning SumUp APIs or your evaluation and use thereof. You grant SumUp and its subsidiaries and affiliates a royalty-free and irrevocable perpetual license to use and create derivative works based on any feedback, comments, functionality, code, features, enhancement requests, recommendations, or suggestions that you provide relating to the SumUp APIs. You further agree that SumUp may freely use, modify, distribute, or commercialize such submissions without any payment or obligation to you.
7. Disclaimer of Warranties
SumUp APIs are provided "as is" and "as available". We disclaim all representations and warranties, express, implied, or statutory, not expressly set out in these API License Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from SumUp or through any SumUp API will create any warranty not expressly stated herein. Without limiting the foregoing, SumUp, its processors, its providers, its licensors (and their respective subsidiaries, affiliates, agents, directors, and employees) do not warrant that SumUp APIs are accurate, reliable or correct; that SumUp APIs will meet your requirements; that SumUp APIs will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that SumUp APIs are free of viruses or other harmful components. Any content or data downloaded or otherwise obtained through the use of SumUp APIs are downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data that results from such download.
8. Our Liability
In addition to what is stated elsewhere in the General Terms and these API License Terms, under no circumstances will SumUp be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of SumUp APIs or your Account, or the information contained therein. To the maximum extent permitted by applicable law, SumUp, and its processors, suppliers and licensors (or any of their respective affiliates, agents, directors or employees) assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of SumUp APIs; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of SumUp APIs; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from SumUp APIs; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through SumUp APIs by any third party; (vi) any errors or omissions in any content or data or for any loss or damage incurred as a result of the use of any content or data posted, emailed, transmitted, or otherwise made available through SumUp APIs; and/or (vii) your Products. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE API TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED €100 (EUR) OR EQUIVALENT LOCAL VALUE.
You release SumUp (and its affiliates and subsidiaries, officers, directors, employees and agents) from any and all claims connected with any disputes with customers related to the use of SumUp APIs, or your non-compliance with any applicable regulatory requirements.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold us and our respective directors, agents, affiliates and representatives harmless from and against any claim (including all third-party claims), cost, suit, demand, loss, liability, damage, action, proceeding, judgment, penalty, interest and expense (including without limitation reasonable attorneys’ fees) arising out of or relating to (a) any actual or alleged breach by you of any provision of these API Terms; (b) your wrongful or improper use of the SumUp APIs; (c) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or (d) your violation of any applicable law, rule or regulation.
SumUp APIs are currently provided free of charge; however, SumUp reserves the right to introduce fee-based packages, upon notice to you. If you access and use fee-based SumUp API packages, you agree to pay the Fees for the package you have purchased and any applicable taxes as set forth on our Website and/or in your Account settings, or as otherwise agreed in writing, as and when due in accordance with the General Terms and the Payment Terms.
11. Cancellation or Termination
You may cancel your use of the SumUp APIs at any time through your Account settings.
In addition to what is stated elsewhere in the General Terms and these API License Terms, we may terminate these API License Terms without prior notice to you, if we determine that you: (a) have violated these API License Terms, any other agreement you have with SumUp, or (b) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct. If your Account is terminated or suspended for any reason or no reason, you agree to immediately stop using SumUp APIs.
Note: Please print a copy of this document and retain it for future reference.