API Term—FundraisingBox
1 Contract object
Wikando provides its client with the online service FundraisingBox under the terms of a separate (main) contract. Various software interfaces (hereafter “the API” or “APIs”) are available to access the user data collected by Wikando, to collect own data and compare it within FundraisingBox, as well as to carry out payment transactions. The use of APIs under this agreement is tied to FundraisingBox under the main contract.
The contract is concluded when the customer activates the API functionality as a service feature in its FundraisingBox version, and Wikando expressly grants API access and sends the relevant access details.
More information on the latest API functionality can be found at http://developer.fundraisingbox.com.
2 Obligations of Wikando
2.1 Wikando grants its partner permission to use the FundraisingBox API. For this purpose, Wikando will furnish the partner with the necessary access details to the API. The granted permission of use applies to the partner exclusively; the partner is prohibited from granting API access to third parties.
2.2 The partner can use several payment providers supported by Wikando via the API. Wikando cannot, however, guarantee the long-term support of individual payment providers.
2.3 API availability, including the provided payment services, also depends on the availability of the respective payment providers. Therefore, Wikando does not guarantee the permanent availability of payment services via API.
2.4 For each API, Wikando provides documentation describing the individual APIs’ main functions and parameters (http://developer.fundraisingbox.com). How the documentation is provided (website, PDF, etc.) is subject to unilateral change by Wikando.
2.5 Wikando shall reserve the right to extend the functionality at any time. This functionality may also be changed, limited, or partially discontinued at any time for important reasons, in particular, but not limited to data security, compelling technical reasons, to rectify errors, or due to legal requirements. The partner will be notified of such changes to the API as soon as reasonably possible.
2.6 Wikando may provide the API in different versions. The partner will be informed in time about new API versions and the decommissioning of old versions. The partner must integrate changes to the API, where necessary, into its software within a reasonable timeframe. Wikando may partially or completely discontinue the operation of old API versions if a newer API version is made available to the partner instead and a reasonable transition period is granted.
3 Consideration of the partner
3.1 The partner shall pay Wikando a fee for using the API based on the price table published on www.fundraisingbox.com at the time the partner made the booking.
3.2 Billing of the API takes place as part of FundraisingBox billing. The fees invoiced by Wikando are due upon invoicing. Wikando is entitled to block the partner’s API access if the partner defaults on payment for more than two weeks. Wikando shall notify the partner of the impending blocking in writing or text form prior to its implementation.
4 Duties of care and safety precautions
4.1 The partner must keep the API access details provided by Wikando safe, i.e., to protect them from access by third parties and not to pass them on to third parties. In particular, the access details must not be stored in configuration files as plain text nor transmitted via unencrypted public network connections.
4.2 Wikando is entitled to block the partner’s API access in case of indications of misuse or improper use, attempts to circumvent authentication mechanisms, or a data security risk. The partner will be informed of any such blocking immediately.
4.3 The partner undertakes to comply with all data protection regulations when collecting, processing, and using data provided via the API. The partner undertakes to ensure that it does not collect, process, or use any data without the user’s express consent or statutory permission under German law.
4.4 Whenever the API is used in any form that automatically triggers payment transactions via the API and publicly collects data in the form of a website, a mobile application, or a desktop application and processes it via the API, the partner undertakes to add a notice to its application’s input interface stating that FundraisingBox’ secure services provide this functionality. This notice shall comply with Wikando’s general branding guidelines, available at www.fundraisingbox.com/branding.
4.5 Wikando is also authorized to block the partner’s API access if the daily API usage limits of 2,500 API requests per day and ten (10) requests per second are exceeded. The partner will be informed immediately of any such blocking.
5 Compensation and disclaimer
Wikando shall only be liable for damages in the event of gross negligence, culpable injury to life, limb or health, or slight negligent breach of a material contractual obligation, whose fulfillment is essential for the achievement of the contract purpose and on whose fulfillment the customer may regularly rely (“cardinal obligation”), in the event of a breach of a guarantee expressed as such, and in the event of mandatory statutory liability under the German Product Liability Act. Any further liability is otherwise excluded. In the event of a slight negligent breach of a cardinal obligation, liability shall be limited to foreseeable damages typical for the contract at the time of contract conclusion.
6 Term and termination
6.1 The contract shall be concluded for an indefinite period.
6.2 Both parties may terminate this contract with one month’s notice to the first of the month. Notice of termination must be given in writing or text form. Termination of this contract may be made independently of the use of FundraisingBox. This contract ends automatically if the main contract for using FundraisingBox is terminated or otherwise ended (see 1.1).
6.3 Termination for good cause remains unaffected. In particular, good cause shall constitute the partner’s non-contractual use of the API (Clauses 4.1, 4.2, 4.4) and the unlawful collection, processing, or use of data (Clause 4.3).
6.4 Wikando reserves the right to restrict or discontinue the API’s functionality for reasons apart from those stated in clause 2.5. In this case, the partner shall be entitled to an extraordinary right of termination on the date the changes come into effect. Clause 7 shall apply accordingly.
7 Changes to these Terms of Use
7.1 Wikando may amend and adapt these Terms of Use with future effect for a just cause and insofar as the amendments are reasonable in light of the interests of both contracting parties. A just cause exists, in particular, if amendments become necessary to a considerable extent as a result of impaired contractual equivalence principle that was unforeseeable for Wikando when the contract was concluded or for the further performance of the contract due to changes in the legal situation (whether by case law, statute or other official instruction). The amendment of a major obligation is excluded.
7.2 Wikando shall send the partner the amended Terms of Use in text form prior to the scheduled implementation date and shall make separate references to the revised terms and the effective date. Simultaneously, Wikando shall grant the partner a reasonable grace period of not less than six weeks to declare whether it accepts the amended Terms of Use concerning the further use of the services. If no notice is given within this period, which shall commence upon receipt of the notification in text form, the amended Terms of Use shall be considered agreed. Upon commencement of the deadline, Wikando will expressly inform the partner of this legal consequence, i.e., the right of objection, the objection period, and the significance of silence.
8 Final provisions
This contract is subject to the law of the Federal Republic of Germany. The place of jurisdiction for disputes arising from this contract is Augsburg.