BetterDoctor API Terms and Conditions
Last Updated: June 12, 2018
This document governs the terms under which you may access and use the application programming interface that is made available on this website (the "API"), the data transmitted through the API (the "Licensed Content"). This document incorporates the terms of the following additional documents, including all future amendments or modifications thereto (collectively, and together with this document, the "API Agreement"):
By accessing or using the API or Licensed Content, you agree to be bound by the API Agreement. If you access or use the API or Licensed Content on behalf of a company, principal or other entity, you represent that you have authority to bind such entity and its affiliates to the API Agreement and that it is fully binding upon them. In such case, the term "you" will refer to such entity and its affiliates. If you do not have authority, or if you do not agree with the terms of the API Agreement, you may not access or use the API or Licensed Content. You should read and keep a copy of each component of the API Agreement for your records. In the event of a conflict among them, the terms of this document will control.
By submitting a request for API Keys, you acknowledge and agree that (i) you have read and understand this Agreement, and (ii) if your request for API Keys is accepted by BetterDoctor you will receive your API Keys and this Agreement shall, immediately upon delivery of your API Key, become a legal agreement between you and BetterDoctor. The terms and conditions of this Agreement shall govern your use of the BetterDoctor API. This document governs the terms under which you may access and use the application programming interface that is made available on this website (the "API"), the data transmitted through the API (the "BetterDoctor Data"). This document incorporates the terms of the following additional documents, including all future amendments or modifications thereto (collectively, and together with this document, the "Agreement")
For purposes of this Agreement, the following terms will have the indicated meanings:
- “API Key” means a unique string identifying a BetterDoctor API user (e.g., you) that is passed to BetterDoctor in a BetterDoctor API request.
- “Developer Application” means any client of a BetterDoctor API, including but not limited to a website, mobile application or desktop application.
- “Developer” “you” and “your” mean the name of the individual who completed and submitted an Application for API Keys, together with any company or other entity such individual is acting on behalf of.
- “BetterDoctor API” means a set of JSON/HTTP(s)-based services providing programmatic access to certain data generated by BetterDoctor and provided to Developer
- “BetterDoctor Data” means the data, text, photographs and other materials provided by BetterDoctor through the BetterDoctor API.
- “Licensed Content” means the Licensed Content available via the API, as detailed in the BetterDoctor API technical documentation.
- “BetterDoctor Links” mean web page URLs, banners or button advertisements, or other graphical or text elements, provided by BetterDoctor though a BetterDoctor API and containing one or more BetterDoctor Marks and a link to a page on the BetterDoctor Web Site.
- “BetterDoctor Marks” means BetterDoctor trademarks, trade names, service marks and logos.
- “BetterDoctor Materials” mean the BetterDoctor API, BetterDoctor Links, BetterDoctor Marks and BetterDoctor Data.
- “BetterDoctor Website” means the website located at https://betterdoctor.com.
3. Access and authority
By using the BetterDoctor API and accessing BetterDoctor Materials, you agree to be bound by the Agreement. If you access or use the BetterDoctor Materials on behalf of a company, principal or other entity, you represent that you have authority to bind such entity and its affiliates to the Agreement and that it is fully binding upon them. In such case, the term "you" will refer to such entity and its affiliates. If you do not have authority, or if you do not agree with the terms of the Agreement, you may not access BetterDoctor Materials or use the API. You should read and keep a copy of each component of the Agreement for your records. In the event of a conflict among them, the terms of this document will control.
In order to access BetterDoctor Materials and use the BetterDoctor API, you must first register for and receive a valid API Key, BetterDoctor Web Service ID, or suite of OAuth consumer keys. You are only allowed to register for and use one set of login credentials, unless otherwise permitted by BetterDoctor in writing, including via email. All queries sent to the API requesting data must reference your valid login credentials. You agree to keep your login credentials confidential and not to share them with any third party. Once enrolled BetterDoctor may for any reason whatsoever, in BetterDoctor’s sole discretion, included but not limited to a determination that you or your Developer Application is in violation of this Agreement, is unsuitable for or incompatible with the BetterDoctor API, or competes with BetterDoctor in a manner that BetterDoctor finds unacceptable.
BetterDoctor reserves the right to modify the Agreement at any time. If BetterDoctor reasonably determines that a modification may adversely impact You, BetterDoctor will provide prior email notice to you using the email address you provided to us during registration. IF YOU DO NOT WISH TO BE BOUND TO ANY NEW OR MODIFIED TERMS, YOU MUST TERMINATE THE AGREEMENT BY CEASING USE OF THE API WITHIN TEN (10) DAYS OF RECEIPT OF SUCH NOTICE.
6. Limited License; Ownership by BetterDoctor
The BetterDoctor API is made available by BetterDoctor to enable you to access doctor information and present BetterDoctor Materials on your Developer Application. With this in mind, BetterDoctor reserves the right to continually review and evaluate all uses of the BetterDoctor API, including determining BetterDoctor’s own services to define, at BetterDoctor’s sole discretion what is commercially permitted at any time.
On the terms and subject to the conditions set forth in this Agreement, and conditioned on BetterDoctor’s acceptance of your request for API Keys, BetterDoctor grants you a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, royalty-free (i) license during the Term of this agreement to use the BetterDoctor API and BetterDoctor Data for non-commercial purposes solely to evaluate whether you would like to license the data for commercial purposes.
You may not use the API, Licensed Content, or BetterDoctor Brand Features for any other purpose without BetterDoctor’s prior written consent. These license rights are further limited by the restrictions set forth elsewhere in the Agreement, and all rights not expressly granted to you hereunder are reserved by BetterDoctor. You acknowledge and agree that BetterDoctor may monitor your Developer Application in order to confirm compliance with the Agreement.
You agree that you will remove from display and destroy any Licensed Content within twenty-four (24) hours upon email or other written request from BetterDoctor.
You acknowledge that BetterDoctor now and at all times hereafter is the exclusive owner of all right, title and interest in and to all BetterDoctor Materials except as expressly granted in this Agreement. You agree that you will not assert any copyright, trademark or other intellectual property ownership or other proprietary rights in or to any BetterDoctor Materials, or any part of these items or in any derivative work of these items. Except for the right to use the BetterDoctor Materials as set forth in this Agreement, nothing contained in this Agreement shall be construed to grant you any right, title or interest in or to any intellectual property of BetterDoctor, and you are prohibited from making any use thereof of any nature except as expressly authorized in this Agreement.
As between you and BetterDoctor, the BetterDoctor API, Licensed Content, BetterDoctor Materials, BetterDoctor Brand Features, and all intellectual property rights contained in the foregoing, are and will at all times remain the sole and exclusive property of BetterDoctor and are protected by applicable intellectual property laws and treaties (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
You agree that at no time during or after the termination of the Agreement that you will not adopt, use or attempt to register any trademarks or trade names that are confusingly similar to the BetterDoctor Marks (as determined by BetterDoctor in the exercise of its reasonable business judgment) or in such a way as to create combination marks.
7. Delivery and format of Licensed content
7.1 Delivery; Access
BetterDoctor will make the Licensed Content available to you in an electronic format through the BetterDoctor API. In order to access or use the BetterDoctor API, You must first request and obtain approval from BetterDoctor. BetterDoctor reserves the right, in its sole discretion, to approve, deny approval or revoke approval at any time. BetterDoctor may also request further information from you to assess your request. Once approved, You will receive a valid API Key in the form of a secure electronic key. You are only allowed to register for and use one set of login credentials, unless otherwise permitted by BetterDoctor in writing, including via email. All queries sent to the API requesting data must reference your valid login credentials. You agree to keep your login credentials confidential and not to share them with any third party. Your Access will be limited as determined by BetterDoctor at BetterDoctor’s sole discretion.
7.2 Updates; Refreshes
From time to time during the Term, at BetterDoctor’s discretion, BetterDoctor may update and refresh the Licensed Content, and make such refreshed Licensed Content available to You. BetterDoctor reserves the right to change the contents of the BetterDoctor Data including, but not limited to, data attributes, categories, endpoints, methods and functionality from time to time and at its sole discretion.
You agree that you will not, and will not assist or enable others to:
- Use BetterDoctor Materials for any purpose other than expressly permitted by this Agreement,
- record, cache or else store any portion of the Licensed Content for more than 24 hours,
- attempt or provide a means to execute any "bulk download" operations, other than storing BetterDoctor doctor IDs which you may use solely for back-end matching purposes,
- modify the BetterDoctor Content,
- modify or alter any part of the BetterDoctor API,
- modify, rate, rank, review, vote or comment on, or otherwise respond to the BetterDoctor Content;
- alter the Licensed Content, or use it to create or update your own database of business listing information,
- create or disclose metrics about, or perform any statistical analysis of, the API, Licensed Content, or BetterDoctor Materials without BetterDoctor’s explicit written consent; for sake of clarity, in the event that you do receive explicit written consent from BetterDoctor to create any metrics or perform any statistical analysis of the BetterDoctor API or BetterDoctor Content, you agree not to disclose to any third party any such metrics or analyses related to or connected with the BetterDoctor API, BetterDoctor Data, BetterDoctor Materials or BetterDoctor Content for at least three (3) years following termination of this Agreement
- use the API on behalf of any third party other than a group or affiliate company,
- copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify or alter any part of the BetterDoctor API,
- display Licensed Content or BetterDoctor Marks in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and BetterDoctor, other than your permitted use of the BetterDoctor API under the terms of the Agreement,
- display the Licensed Content on any site that disparages BetterDoctor or its products or services, or infringes any BetterDoctor intellectual property or other rights,
- use the API in a manner that impacts the stability of BetterDoctor's servers or impacts the behavior of other applications using the BetterDoctor API,
- use the BetterDoctor API or Licensed Content in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in BetterDoctor's sole discretion) to BetterDoctor, its providers, its suppliers, end users of this website, or your end users,
- use the BetterDoctor API, Licensed Content or BetterDoctor Materials in a manner that could reasonably be interpreted to suggest that BetterDoctor is the author or entity that is responsible, in whole or in part, for the creation or development of any Licensed Content or that such Licensed Content represents the views of BetterDoctor. YOU MAY NOT DIRECTLY OR INDIRECTLY ATTEMPT TO RE-SELL, REDISTRIBUTE, SYNDICATE OTHERWISE COMMERCIALIZE THE BETTERDOCTOR CONTENT IN ANY WAY WITHOUT BETTERDOCTOR’S PERMISSION.
- use the API or BetterDoctor Content in connection with or to promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware and/or other malicious programs or code; counterfeit goods and/or items subject to U.S. embargo; unsolicited mass distributions of e-mail ("spam"), actions intended to mislead search engines into ranking some pages higher than they would otherwise deserve ("web spam") multilevel marketing proposals, direct marketing and/or telemarketing activities; hate materials; libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content; prostitution, body parts and/or bodily fluids; stolen products and/or items used for theft; hacking/surveillance/interception/descrambling equipment; fireworks, explosives and/or other hazardous materials; gambling; professional services regulated by state licensing regimes; and/or non-transferable items such as airline tickets, event tickets, weapons and/or weapons accessories;
- authorize any third party to do any of the foregoing.
You must update BetterDoctor content daily. BetterDoctor recommends that You cache the content from API responses for 24 hours. This allows Your application to show content more quickly if it has been requested before, while still showing the latest content. Caching also reduces the load on BetterDoctor’s content servers. You agree that you will not use the BetterDoctor API to pre-fetch content, and that you will request only the content you need.
BetterDoctor reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice or liability, to change, suspend or discontinue the API and/or suspend or terminate your rights under the Agreement to access, use and/or display (as applicable) the BetterDoctor API, BetterDoctor Brand Features and/or any BetterDoctor Content. Any termination of the Agreement will also immediately terminate the licenses granted to you hereunder. Such change, suspension or termination of the BetterDoctor API may cause your existing services using the BetterDoctor API to stop functioning properly. Upon any termination of the Agreement, you will promptly delete and remove all calls to the BetterDoctor API from all Developer Applications, web pages, scripts, widgets, applications, and other software in your possession or under your control; promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the API, BetterDoctor Brand Features and/or any BetterDoctor Content; and you will promptly certify in writing to BetterDoctor that such actions have been taken.
You agree that your use of the BetterDoctor API is at your own risk and you agree to hold harmless, defend (subject to BetterDoctor's right to participate with counsel it selects) and indemnify BetterDoctor and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fee) arising from, or in any way related to (i) your or your Users' use or implementation of the API or any BetterDoctor Content obtained from the API or (ii) any content on Your Site, including any statements, representations or warranties related to BetterDoctor. You will not agree to any settlement that imposes any obligation on BetterDoctor without BetterDoctor's prior consent.
10. No warranty; No Support
THE API, BETTERDOCTOR BRAND FEATURES AND BETTERDOCTOR CONTENT ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" WITHOUT WARRANTY, OF ANY KIND AND AT YOUR SOLE RISK. EXCEPT TO THE MAXIMUM EXTENT REQUIRED BY APPLICABLE LAW, BETTERDOCTOR DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API, BETTERDOCTOR BRAND FEATURES AND ANY BETTERDOCTOR CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, BETTERDOCTOR DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE API WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THE AGREEMENT DOES NOT ENTITLE YOU TO ANY SUPPORT FOR THE API. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM BETTERDOCTOR WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability
THE API IS BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT BETTERDOCTOR SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR USE OF THE API. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL BETTERDOCTOR OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API, EVEN IF BETTERDOCTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. ANY CLAIM ARISING OUT OF OR RELATING TO THE AGREEMENT MUST BE BROUGHT WITHIN (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IF SUCH CLAIM IS NOT FILED, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS, AND TO BETTERDOCTOR AND ITS SUCCESSORS. NOTWITHSTANDING THE FOREGOING, BETTERDOCTOR'S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED US$50.00.
12. Limited relationship
BetterDoctor and you are, and will remain, independent contractors, and nothing in the Agreement will be construed as creating an employer-employee relationship, partnership or joint venture. You do not have any authority of any kind to bind BetterDoctor in any respect whatsoever.
You agree not to make any public statements about BetterDoctor, information provided by BetterDoctor’s API, or your relationship with BetterDoctor under this agreement, without the prior written consent of BetterDoctor, which BetterDoctor may grant or withhold in its sole discretion. You further agree to not imply a different kind of relationship between you and BetterDoctor, including any implied endorsement of your content, products, or services by BetterDoctor.
13. Choice of Law and Arbitration
(a) Any claim, controversy or dispute arising out of or relating to the Agreement ("Claim") will be governed by California law consistent with the Federal Arbitration Act without regard to conflict of law provisions or giving effect to any principles that may provide for the application of the laws of another jurisdiction. (b) All Claims must be exclusively resolved and settled by final and binding arbitration administered by and in accordance with the rules of the American Arbitration Association ("AAA") and before a single arbitrator who is a member of the AAA. Arbitrations will be held in San Francisco, California, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitrator will issue a ruling in writing, and will detail all findings of fact and law upon which the ruling was made. The arbitrator will not have the power to commit errors of law or legal reasoning, and the ruling may be vacated or corrected on appeal to a court of competent jurisdiction for such errors. The arbitrator's ruling will otherwise be final and binding on all parties, and may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, any dispute as to the enforceability of this arbitration provision or its applicability to a specific Claim shall be adjudicated by a state or federal court located within San Francisco County, California ("Court"), and not by an arbitrator. (c) YOU AND BETTERDOCTOR AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and BetterDoctor agree otherwise, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, and may not otherwise preside over any form of a representative or class proceeding. If a Claim implicates this subsection (c), and this subsection (c) is found to be invalid, unenforceable or illegal by a Court, such Claim must be adjudicated by a Court and not by an arbitrator.
The Agreement encompasses the entire agreement between you and BetterDoctor regarding the subject matter discussed therein. The failure of BetterDoctor to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be replaced with terms that most closely match the intent of the provision that is not enforceable to the minimum extent necessary so that the remaining Agreement will otherwise remain in full force and effect and enforceable. The Agreement is not assignable, transferable or sublicensable, in whole or in part, by you except with BetterDoctor's prior written consent. BetterDoctor may assign the Agreement, in whole or in part, at any time with or without notice to you. Any attempt to do so is void. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Sections 6, 7, 8, 9, 10, 12, 13 and this 15 will survive any expiration or termination of this API Agreement for any reason.
16. Contact and violations
Please contact BetterDoctor with any questions regarding the API Agreement. Please report any violations of the API Agreement to firstname.lastname@example.org.