These terms and conditions (the “Terms”) govern your use and access of VOLVO’s Developer Portal (the “Service”). By using the Service, creating a user account with us or using the API’s (as defined below), you accept these Terms and an agreement is entered into by you (“you”) and Volvo Group, a company registered under the laws of the Kingdom of Sweden with company registration number (“VOLVO” “we” or “us”).
1. The Service
The Service is provided through our webpage, accessed on https://developer.volvoce.com/vce/cs/ (each individually, the “Webpage”) and includes access to a developer portal on which you as a user can access VOLVO’s application programming interfaces (the “API’s” or, individually, an “API”) and associated media and documentation, and, from time to time, embedded versions of third party tools and software. The Service and the API’s are made available to you free of charge and solely for development purposes in a non-production environment. Any third party tools or software included in an API may also be subject to separate license agreement with such third party.
2. GRANT OF LICENSE
Provided that you accept and adhere to these Terms, VOLVO grants you a personal, internal, limited, non-transferable, royalty-free, non-exclusive right (which shall be revocable pursuant to these Terms) to install and use a copy of an API, in the form provided, solely for the purpose of creating software applications (the “License”). You may not rent, lease, lend, sub-license or distribute an API or any portion thereof. For clarity reasons, you understand that any use of the API’s outside of the limited License granted hereunder, including but not limited to external and commercial use by you, requires that you enter into a separate agreement with VOLVO.
You may not decompile, modify, disassemble or reverse engineer an API or by any other means attempt to recreate the source code of the API or (if applicable) make copies for archival or disaster recovery purposes, other than as expressly permitted by mandatory law. You may not export the API’s or use the API’s for any purposes prohibited by applicable law and you may not use the Service to distribute viruses, trojans or similar programs. VOLVO does not allow automatic reading of the Service, the Website or the API’s.
3. RESERVATION OF RIGHTS
You agree that, except to the extent of the License, you have no right, title or interest in or to an API or any other parts of the Service. VOLVO reserves all rights not expressly granted to you under these Terms. All intellectual property rights, title and ownership (including trademarks, patents, copyrights, etc.) in and to the API’s and the Service remain with us (or its third party licensors, as applicable).
Nothing in these Terms gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
Subject to those rights reserved by us in and to the API’s, we agree that we obtain no right, title or interest from you under these Terms in or to any customized applications that you develop using the API’s.
These Terms apply to updates or supplements to the original API’s unless VOLVO provides other terms along with the update or supplement. You agree that the form and nature of the API’s that VOLVO provides may change without prior notice to you and that future versions of an API may be incompatible with applications developed on previous versions of that API. You agree that VOLVO may stop providing an API (or any features within such API) to you, or to users generally, at our sole discretion, without any prior notice. VOLVO shall have no obligation to support any applications developed by you using an API.
4. USERNAME AND PASSWORD
In order to use the Service, you will have to create a user account (the “User account”) and sign in to it. Instructions on how to create a User account are set forth on the Webpage.
Your account is personal, and you are not allowed to transfer your account to any third party or to allow a third party to use the Service through your User account. If you have reason to believe that any third party has gained access to your User account, you must immediately inform us. Please note that if your account is left inactive during a period of 365 consecutive days, VOLVO has the right to cancel your User account permanently.
5. PROCESSING OF PERSONAL DATA
We may process personal data received in connection with the use of the Service. The personal data processing is made in accordance with our privacy policy (Read more about Privacy Policy).
6. DISCLAIMER OF WARRANTY
The Service, including the Webpage and the API’s, are provided ‘as is’ and ‘as available’ without warranties of any kind. Your use of the Service is solely your responsibility and at your own risk. We do not grant any warranties, express or implied or otherwise, as to the non-infringement, accessibility, quality, qualification for any particular purpose, suitability or accuracy of the Webpage, the API’s or the Service.
There may be situations where the Service will not be available, due to, but not limited to, maintenance, and circumstances beyond our control. In addition, we reserve the right to modify or discontinue providing the Service, at our sole discretion. To the extent permitted under mandatory law we are not liable to you or any third party for any direct, indirect or other damages of any kind, including but not limited to, lost profits, loss of income, loss of revenue, business interruption or loss of goodwill arising out of, or in connection with, these Terms or the inability to use the Service. We are not responsible to you for any third party claims made against you.
You are responsible for securing your access to the network necessary to use the Service. There may be costs for e.g. transfers of data. These costs are not paid by VOLVO. Furthermore, you are responsible for obtaining and keeping the necessary hard- or software up to date to access and use our Service.
7. INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless VOLVO, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) relating to (i) your use of an API, (ii) any application you develop on an API, including a claim that such application infringes or threatens to infringe any intellectual property right of any person, and (iii) any non-compliance by you with these Terms.
8. CHANGE OF TERMS AND SERVICES
We have the right to make changes and updates to these Terms. We will inform you of any such changes by posting a notice on the Website. Furthermore, we reserve the right to modify, discontinue, temporarily or permanently cease providing the Service at any time without prior notice, at our own discretion, or if required by law or by a decision by an authority. You accept that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.
9. TERMINATION
You may terminate the User account and the License at any time by stopping your use of the API’s and request deletion of the API key, together with all copies thereof (if applicable). The License and the Service will also terminate and/or be suspended if you fail to comply with any term or condition of these Terms. VOLVO may terminate the License at any time at its sole discretion. Upon termination of the License, you agree to immediately stop using the API’s.
10. TRANSFER
You may not assign or transfer any rights, obligations or licenses as provided in these Terms. VOLVO may assign and transfer its rights under these Terms without your consent and without notice to you.
11. APPLICABLE LAW AND DISPUTES
These Terms, and any non-contractual obligations arising out of or in connection herewith, shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.
Any dispute, controversy or claim arising out of or in connection with this contract, contractual or non-contractual, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC Institute).
The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.
The place of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English, unless otherwise agreed.