This API Agreement is designed for use in the Indian jurisdiction when establishing a formal relationship between API providers and consumers. The document is essential when an organization wishes to provide or consume API services, requiring clear terms for technical integration, data handling, and service delivery. It incorporates requirements from Indian legislation, particularly the Information Technology Act, 2000, and related data protection rules. The agreement covers crucial aspects such as API access rights, usage limitations, service levels, security requirements, and commercial terms. This type of agreement is particularly important given India's growing digital economy and the increasing reliance on API integrations across various sectors.
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1. Parties: Identification of the API provider and the API user/client
2. Background: Context of the agreement and brief description of the API service
3. Definitions: Definitions of technical terms, API-specific terminology, and other key concepts
4. Service Description: Detailed description of the API services, features, and functionality
5. Access and Authentication: Terms regarding API keys, authentication methods, and access protocols
6. Usage Rights and Restrictions: Scope of license, permitted uses, and restrictions on API usage
7. Service Levels: Performance metrics, availability commitments, and quality standards
8. Data Protection and Security: Requirements for data handling, security measures, and privacy compliance
9. Fees and Payment: Pricing structure, payment terms, and billing procedures
10. Term and Termination: Duration of agreement, renewal terms, and termination conditions
11. Intellectual Property Rights: Ownership of IP, licensing terms, and restrictions
12. Confidentiality: Protection of confidential information and trade secrets
13. Warranties and Disclaimers: Service warranties, disclaimers, and limitations
14. Indemnification: Mutual indemnification obligations and procedures
15. Limitation of Liability: Caps on liability and exclusions
16. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Change Management: Procedures for API changes and version management - include for APIs that expect frequent updates
2. Support Services: Technical support terms and service levels - include if support services are offered
3. Audit Rights: Rights to audit API usage and compliance - include for enterprise-level agreements
4. Disaster Recovery: Disaster recovery and business continuity provisions - include for business-critical APIs
5. White Labeling: Terms for white-label usage of the API - include if white-labeling is permitted
6. Revenue Sharing: Revenue sharing terms and calculations - include for partnership-based API arrangements
7. Geographic Restrictions: Geographic limitations on API usage - include if service is geographically restricted
8. Free Trial Terms: Terms governing any free trial period - include if offering trial access
1. Technical Specification: Detailed technical specifications of the API, including endpoints, methods, and response formats
2. Service Level Agreement: Detailed service levels, metrics, and remedies for non-compliance
3. Fee Schedule: Detailed pricing tiers, usage limits, and additional charges
4. Security Requirements: Specific security protocols, standards, and requirements
5. Support Services Description: Detailed description of support services, response times, and escalation procedures
6. Acceptable Use Policy: Detailed rules and guidelines for acceptable API usage
7. Data Processing Agreement: Detailed terms for processing personal data in compliance with privacy laws
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