API Acceptable Use Policy
This Acceptable Use Policy (“AUP”) outlines the appropriate usage of the ei3 API Service and any data retrieved or posted by this service by ei3 Users, (“Users). This AUP governs the use of the ei3 API service. This does not supersede any existing agreements already in place between ei3 Corporation, Inc. and affiliates (“ei3”) and the User.
As used in these terms, “API” means programmatic web APIs and associated tools and documentation that ei3 makes available to ei3 subscribers and partners under these Terms.
We may amend, modify or substitute this AUP at any time and any such modification, amendment or substitution shall be posted within the ei3 web Portal and Users will be notified through Message notifications configured by users inside the portal used to access the User’s ei3 Subscription. Any updates will become automatically effective for all Users when posted. We recommend that Users visit the ei3 Portal regularly to check for any updates or amendments to this AUP.
By using the ei3 API service, Users agree to comply with all terms of this AUP. This AUP forms an integral part of our Terms of Service and any violation of this AUP constitutes a breach of our Terms of Service and may lead to the immediate suspension and/or termination of your API subscription.
Access to the API
Access to the API will be granted only to Users who have an active ei3 subscription. On termination of the subscription with ei3, the Users API access will also be terminated.
Users are provided access to the API by using their API security key, (“API key”). The API key enables us to associate User API activity with the User’s ei3 Portal. All activities that occur using an API key are the User’s responsibility.
The ei3 API is owned by ei3 and is licensed to Users on a worldwide (except as limited below), non-exclusive, non-sublicensable basis in accordance with these terms.
Limits of Use:
Users who are in compliance with this policy are provided with limited use of the ei3 API. Access limits fall into different categories;
- free access for a limited number of API calls as a part of an ei3 subscription, or
- paid access for a limited number of API calls under an API monthly service agreement. (Where the paid access limit is a higher number than the free access limit.)
FREE API USE
Every User is allowed to use the ei3 API, provided that the aggregate number of calls made in a month by all Users in a Company is less than 100,000 times the sum of the number of machines and apps configured. (an “API call” is defined in the appendix section of this policy document).
For example: if a Company has 5 machines configured and 10 Apps Subscribed to ei3 services then the API call limit is 1,500,000 = (5 + 10) x 100,000.
PAID MONTHLY API SERVICE
Companies that wish to increase their API Call limit may do so by subscribing to ei3’s paid API Service called “API Access” which provides 1,000,000 API calls per Company per month. Contact sales@ei3.com for additional information.
OVERAGE
Each calendar month the total number of API calls made by all Users within a Company is compared to the Company’s API call limit (as described above). If a Company makes more than their allowed calls, then ei3 shall send an email to the Company administrator (as defined within the ei3 Portal) notifying the administrator of the overage. The email will include a proposal to provide an appropriate ei3 API Access service plan. ei3 reserves the right to stop providing responses to API calls in the case of excessive overuse.
Responsibility of the User
Due to the numerous different applications that an API service can be used for, the list of user responsibilities provided below is intended as a guideline and is not, and cannot be, all encompassing. Other acts or uses that are not specifically mentioned below may also constitute a violation of this API. ln general, we will not tolerate any use of our API Services which is illegal, damages or is likely to damage our reputation, the availability or integrity of our API Services or which causes us or threatens to cause us to incur any legal, tax or regulatory liability. If you are uncertain if an action would constitute a violation of this AUP please contact us by emailing to support@ei3.com before taking any further action.
User Responsibility:
- Users agree to use ei3’s services in a manner that is legal, appropriate and in conformity with industry standards.
- Users may not share their User ID or API Key(s) with any third party except as permitted by ei3 for the use of the User’s Service.
- Users may not use the ei3 API or ei3 API Materials to distribute any virus, spyware, adware, malware, or other harmful or malicious component.
- Users may not use the ei3 API or ei3 API Materials for any purpose which or might overburden, impair or disrupt the ei3 Services or related servers or networks, including attempting any Denial of Service attacks.
- User must not impose any terms on users of the User’s service that are inconsistent with these API Terms.
If Users breach any of the terms within this policy, ei3 may immediately remove access to the API Service. ei3 may also terminate or suspend access to User account.
Security
Each API request requires a valid API key (as defined in the Appendix) for ei3 to perform the requested data action. The ei3 API key is provided by ei3 to each user and matches the user’s privileges. If a user is disabled the ei3 API security key will not provide any response to a request.
It is the Company’s responsibility to keep the API security key secret.
New and refreshed API Keys can be created by using the ei3 administration tool and editing the user’s profile.
Monitoring the use of the API services:
We reserve the right to and will monitor all Users’ use of our API Services in order to protect or enforce our rights under this Policy or our Terms of Service.
Confidential Information
The User acknowledges that in accessing the ei3 API Service, they may receive information about ei3 and/or its business that ei3 considers proprietary and confidential (“Confidential Information”). The User agrees to keep in strict confidence, and not to use except as expressly permitted hereby, all Confidential Information, including but not limited to technical or commercial know how, specifications, inventions, processes or initiatives, which is disclosed by ei3.
Jurisdiction
This Agreement shall be governed by New York State law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in New York City, New York, USA. The Customer hereby submits to the jurisdiction of such courts for the adjudication of any dispute governed hereby.
Updates
This AUP may be updated from time to time. If we update or change this AUP, the updated AUP will be published at https://www.ei3.com/legal/.
Users will also be notified by email of any changes to these terms.
Appendix
API CALL
An API call is defined as a request and associated response made by a User to the ei3 API Service Internet address.
API CALL MEASUREMENT
Each API call is recorded for reporting purposes. The number of API calls made in a month is aggregated by Company for the purpose of billing. A Company API Call use is computed as the sum of all API Calls made by all Company users. The Company API Call limit is computed as the sum of all API Calls allocated for the number of machines and apps. Each month the Company API call use is compared to the Company API limit.
API KEY
An API Key is an ei3 GUID (Global Unique Identifier) used to determine if the API call is coming by an authorized User.
COMPANY
Within ei3 a “Company” is an organizational unit that defines a customer enterprise. The Company has sub-organizational units that can be used to describe divisions, plant locations, machines and other things. Because the API can cross organization boundaries within a company to retrieve data from multiple machines and locations, the Company organizational unit is used to compute the API limits.
LOCATION
Within ei3 a “Location” is defined as particular geographical place where a group of manufacturing equipment operates on a shop floor. Locations are grouped into Divisions as a part of a Company.
MACHINE
Within ei3 a “Machine” is defined as a group of manufacturing equipment, and related electronic devices, that provides a source of data that relates to the completion of a particular step of a manufacturing process. Machines are located on shop floors inside plant locations.
USER
An ei3 User is a natural person, computing system, or device that interacts with the ei3 Services for the purpose of retrieving or posting data.