API Terms

Effective: 1^st June 2024 

Last Updated: 1^st June 2024 

By accessing or using SC Communications Sdn Bhd’s (“us”, “we”, “our”) Application Programming Interface (“APIs”), SDKs or other associated software (collectively as “APIs”), you are agreeing to the terms below (the “API Terms” or “Terms”), in addition to any terms agreed to in a Services Agreement and/ or Terms of Use (“Agreement”). Any capitalized terms in these API Terms will have the same meaning as set out in the Agreement. If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms and by accepting these Terms, you are doing so on behalf of that entity (and all references to “you” in these Terms refer to the entity).

1. Use of the APIs. Subject to Customer’s compliance with the terms and conditions hereunder, Customer may use the APIs solely: (a) in accordance with these API Terms and the API Documentation; and (b) to facilitate Customer’s use of the Platform Services.

2. API Credentials Required to Access the APIs. Certain authenticated features and functionality available through the APIs may require an authentication key. If Customer wishes to access these features, Customer may be required to generate one or more Customer ID, OAuth authorizations or API keys (each, an “API Credentials”). Customer acknowledges and agrees that it is Customer’s responsibility to keep Customer’s API Credentials secure and confidential.

3. License to the API Documentation. We hereby grant to Customer a revocable, nonexclusive, non-sublicensable, non-transferable license to access and use the API Documentation solely to facilitate Customer’s use of applications that interface with our products and services in accordance with these API Terms, the Agreement, and the API Documentation (each such application, an “Application”).

4. API Call Limitations. The number of calls Customer or Customer’s Application makes to the API during any given period may be limited, at our sole discretion, based on various factors, including the manner in which Customer’s Application makes calls to the API and the anticipated volume of use associated with Customer’s Application.

5. Content Accessible Through API. The content accessible through the API is solely the responsibility of the person who makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display such content. Content accessible through our API may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law.

6. Changes to the API and API Documentation. We reserve the rights to change the API and API Documentation at any time and without notice. Customer acknowledges and understands that these changes may require Customer to make substantial changes to Customer’s Application at Customer’s own cost and expense. It is Customer’s responsibility to review the API Documentation regularly.

7. Monitoring Usage of API. Customer acknowledges and agrees that we may monitor Customer’s use of the API to ensure quality, improve products and services and verify your compliance with the terms and that Customer will not block or otherwise interfere with our monitoring. We reserve the rights to use any technical means to overcome such interference and may suspend access to the API by you or your API client without notice if we reasonably believe that you are in violation of the Terms.

8. Security.Customer will use commercially reasonable efforts to safeguard user information, including personal data, collected by the Customer’s API client, from unauthorised access or use. Furthermore, Customer will promptly notify its users of any unauthorised access or use of such information to the extent required by law.
   
   We may use technology to detect, prevent or limit the impact of any issues caused the Customer (before, after, or instead of suspension of the Customer’s access). This may include, for example, (i) filtering to stop spam, (ii) performing security or privacy monitoring regarding scraping, denial of service attacks, user impersonation, application impersonation, or illicit consent grant(s), or (iii) limiting or terminating your access to the API.

9. API Prohibitions. While using the API, Customer shall not (or allow those acting on your behalf to):

1. 1. Perform an action with the intent of introducing to our products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
   2. Use the API to disrupt, interfere with, or attempt to gain unauthorised access to services, servers, devices, or networks connected to or which can be accessed via the API.
   3. Scrape, build databases or otherwise create copies of any data accessed or obtained using the API, except as necessary to enable an intended usage scenario for the Application.
   4. Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
   5. Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
   6. Use the API, or any data obtained using the API, to conduct performance testing unless expressly permitted by us pursuant to a duly executed written agreement.
   7. Use or transfer any data accessed or obtained using the API, including any data aggregated, anonymized, or derived from that date for advertising or marketing purposes including (i) targeting ads, or (ii) serving ads. For purposes of clarity, this prohibition on using API data for advertising or marketing purposes does not extend to using other data, such as (i) the number of users of your Application, or (ii) a user identifier you independently receive from a user (e.g. an email address you receive when a user enrols to use your Application, a device identifier, or an advertising identifier).
   8. Redistribute or resell or sublicense access to any data obtained using the API.

10. Termination. We may suspend or immediately terminate these API Terms, and rights granted herein, and/or your license to the API, in our sole discretion at any time, for any reason. You may terminate these API Terms at any time by ceasing your access to the API.
    
    Upon termination, all licenses granted herein immediately expire and Customer must cease use of the API. Customer must also comply with the instructions to return or delete any data accessed or obtained through the API, unless expressly permitted by us or prohibited by law. Neither party will be liable to the other for any damages resulting solely from the termination of these API Terms.

11. Indemnification. Unless prohibited by applicable law, Customer agrees to indemnify and keep us indemnified against any and all liability, demand, claim, action, proceedings, cost, losses, damages and/or expenditures that may be raised against or incurred by or instituted against us in respect of, in relation to or in connection with misuse of the API by the Customer or their end users, the violation of the Terms by the Customer or their end users, or any content or data routed into or used with the API by the Customer, their agents, or their end users.

12. Compliance with Law, Third Party Rights, and Other Terms of Service. Customer shall comply with all applicable laws, regulations, and third-party rights, including, but not limited to, laws concerning the import or export of data or software, privacy, and local regulations. Customer shall not utilise the API to endorse or facilitate illegal activities or the infringement of third-party rights. Furthermore, Customer shall not breach any other terms of service agreement with us or our affiliates.