Mindbody API Terms of Use

Last Updated: September 30, 2023

Please read these terms of use carefully before using an API offered by Mindbody, Inc. (“Mindbody”).

By accessing or using any application programming interfaces offered by Mindbody (collectively, the "API" or "Mindbody API"), you and, if applicable, the company you represent (collectively, "you" or "your") agree to be bound by these API Terms of Use (the "Agreement"). This Agreement is a legal contract between you and Mindbody. If you do not have the authority to enter this Agreement, or if you do not agree with the Agreement, you may not access or use the API.

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the API thereafter. Your continued use of the API following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

This Agreement incorporates the following documents (as may be updated from time to time) by reference:

1. Definitions

"Application" means any application that you develop using the Mindbody API to use, search, display, upload, and/or modify the Mindbody Content.

"Mindbody Content" means all content, data, and other information made available on the Mindbody websites or software ("Mindbody Website") and the consumer-facing downloadable mobile app made available by Mindbody and known as the "Mindbody App," which allows consumers to find, book and pay for classes and other services offered by participating Subscribers.

"Mindbody Data" means any data or information Mindbody obtains or accesses from its customers and/or end users, including any Personal Data.

"Personal Data" means any personal data or personal information (or analogous term) as defined under applicable privacy and data protection laws.

"Service" means the Mindbody services, including, but not limited to, online business management software services designed specifically for businesses in the wellness industry, made available through the Mindbody Website and Mindbody App.

"Subscriber" is defined in the Mindbody Privacy Policy.

2. License

Subject to the terms and conditions of this Agreement, Mindbody grants you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to access and use the API solely for the purpose of developing, testing, displaying, and distributing your Application. Mindbody may revoke this license at any time for any reason. You will not, and will not permit any person, directly or indirectly, to reverse engineer, disassemble, reconstruct, decompile, translate, modify, copy, rent, modify, or alter, other than as explicitly permitted hereunder, create derivative works of the API or any other portion of the Service.

3. Modifications

Mindbody reserves the right to modify the Service or the API (or any part thereof) at any time in its sole discretion. Upon release of any new versions of the API, Mindbody reserves the right to require you to obtain and use the most recent version of the API in order to obtain functionality of your Application with the Service.

4. Support

Mindbody may, but is under no obligation to, provide basic technical support in connection with your use of the API. Any such support will be provided via web forums, FAQs, or other internet-based documentation made available to authorized developers in Mindbody’s sole discretion.

5. Application Guidelines

You may develop, display or distribute Applications that interact with the API. You agree that you are solely responsible for any Application that you develop, and that any such Application must comply with Mindbody Branding Requirements, where applicable.

6. API Call Limitations

Mindbody may limit the number of API calls you are permitted to make during any given period. Mindbody will determine call limits based on various factors, including the ways your Applications may be used or the anticipated volume of use associated with your Applications. If you exceed the call limits established by Mindbody, we reserve the right to charge you for excess API calls, in accordance with Section 10, or to terminate your access to the API, in accordance with Section 11. In no event will unused API calls roll over to the next day or month, as applicable.

7. Ownership

You acknowledge and agree that the Service, the Mindbody Content, including Mindbody’s trademarks and logos, and the API 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). As between you and Mindbody, the Service, the Mindbody Content, including Mindbody’s trademarks and logos, and the API, together with any and all intellectual property rights contained in the foregoing, are and will at all times remain the sole and exclusive property of Mindbody. You agree that at no time during or after the termination of this Agreement will you attempt to register any trademarks (including domain names) that are derived from or confusingly similar to those of Mindbody, or will you buy or otherwise arrange to use any such domains to redirect internet content to your site. All uses by you of Mindbody’s logos or trademarks shall inure to the sole benefit of Mindbody.

8. Non-Permitted Purposes; API Restrictions

You are responsible for your own conduct, and the conduct of any third party accessing the API on your behalf, while using the API and for any consequences thereof. You will use the API only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines provided by Mindbody, as they may be amended from time to time. You may not share your access credentials with any Mindbody competitor or otherwise enable a Mindbody competitor to have access. In addition to the other restrictions contained herein, you agree that when using the API, you will not do the following, attempt to do the following, or permit your end users or other third parties to do the following:

    1. Disparage Mindbody or knowingly tarnish the name, reputation, image or goodwill of Mindbody in connection with your Application or use of the API;
    2. Modify, obscure, circumvent, interfere with, disrupt, or disable any element of the API or its access control features;
    3. Extract, provide or otherwise use any data elements from the Mindbody Data to enhance the data files of third parties;
    4. Require end users to create a source name for a commercial integration or provide their log in credentials to a third-party developer;
    5. Use the API in a product or service that competes with products or services offered by Mindbody, including the Service;
    6. Attempt to or circumvent any security measures or technical limitations of the API or the Service;
    7. Use the API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to the intellectual property rights of such person, or any privacy and data protection laws, or to engage in activities that would violate any fiduciary relationship, any applicable local, state, federal, or international law, or any regulations having the force of law, or which otherwise may be harmful, in Mindbody’s sole discretion, to Mindbody, its providers, or Subscribers or end users of the Service;
    8. Sell, lease, or sublicense the API or access thereto;
    9. Use the API in a manner that detrimentally affects the stability of Mindbody’s servers or the behavior of other applications using the API;
    10. Create or disclose metrics about, or perform any statistical analysis of, the API or the Service;
    11. Use the API on behalf of any third party;
    12. Make API calls exceeding a reasonable amount per day, as determined in Mindbody’s sole discretion and in accordance with this Agreement;
    13. Frame, crawl, screen scrape, extract, or data mine Mindbody Content or Mindbody Data;
    14. Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about Subscribers or users of the Service for any unauthorized purpose;
    15. Use the API to aggregate, consolidate or otherwise arrange, display or make available Mindbody Content or Mindbody Data in combination with any third party or any Mindbody competitors’ content or data, for any commercial purpose or in any manner that Mindbody determines could diminish the value or integrity of its business or brand;
    16. Use the API in an Application containing any of the following content: adult content; pyramid schemes, chain letters or disruptive commercial messages or advertisements; infringing, or obscene content; content promoting or instructing about illegal activities or promoting physical harm or injury against any group or individual; content infringing any patent, trademark, copyright, trade secret or other proprietary right of any party; content defaming, abusing, harassing, stalking, threatening or violating any rights of privacy and/or publicity; content disparaging of Mindbody or its licensors, licensees, affiliates, or partners; or anything other inappropriate or unlawful content;
    17. Transmit any viruses, worms, defects, Trojan horses, or other disabling code, via the API or otherwise, to the Service or the computers or networks used by Mindbody, users or Subscribers of the Service or any other third parties;
    18. Access Mindbody Data without the authorization of the Subscriber or use Mindbody Data in any way beyond the purpose for which the Subscriber specifically provided you access under the agreement between you and the Subscriber. For the avoidance of doubt, this restriction is in addition to any other restrictions you agreed to with any applicable Subscriber to the Service;
    19. Cache (in excess of 48 hours), collect, compile, store, transfer or utilize Mindbody Data or any other data derived from Mindbody, the Service or Mindbody's computer system(s) or database(s), including but not limited to cardholder data, customer addresses, passwords or any other Personal Data about any end user; or
    20. Leverage or otherwise utilize Mindbody branded search terms for your own purposes.

9. Service Providers

You may work with third party service providers as necessary to facilitate your performance and obligations under this Agreement only if you require any such service provider to be bound by conditions and restrictions at least as protective of Mindbody and its Subscribers and users as set forth in this Agreement. You acknowledge and agree that you shall be fully responsible for any act or omission by any service provider you use to facilitate your performance or obligations hereunder. Any such act or omission that amounts to a breach of this Agreement will be deemed a breach by you.

10. Fees and Payments

Mindbody calculates and bills its fees and charges on a monthly basis. Commencing 30 days from the date you receive access to Subscriber data ("Effective Date") and continuing on the same day of the month as the Effective Date for each calendar month thereafter until the termination of this Agreement, you shall pay Mindbody any fees charged under this Agreement, as more fully described at https://developers.mindbodyonline.com, as may be amended by Mindbody, in its sole discretion, from time to time. Changes to the fees are effective 30 days after being posted at the above link. Usage fees, if any, will be invoiced on a monthly basis for activity from the previous calendar month. In addition to the API fees, you will be responsible for all other fees associated with use of any Mindbody API. All fees made by you under this Agreement will exclude, and you will pay, any taxes associated with such fees, your Application, or this Agreement.

11. Right to Terminate

    1. Termination, Suspension, or Discontinuance. Mindbody reserves the right to suspend or terminate your API access at any time if: (1) we believe you have violated this Agreement (including the documents incorporated by reference) or, in our sole discretion, if we believe the availability of the API in your Application is not in our or our users' best interests; or (2) otherwise for any reason or no reason at all, without liability for such suspension or termination. We may also impose limits on certain features and services or restrict your access to some or all of the API or the content they provide. Such change, suspension or termination of the API may cause your existing services using the API to stop functioning properly. All of our rights herein may be exercised without prior notice or liability to you.
    2. Your Termination. You may terminate this Agreement by (1) providing 90 days’ written notice to Mindbody of your intention to terminate your use of the API; (2) ceasing use of the API; and (3) deleting your access credentials.
    3. Effect of Termination. Upon any termination of this Agreement, you will promptly (1) delete and remove all calls to the API from all web pages, scripts, widgets, applications, and other software in your possession or under your control; (2) destroy and remove any and all copies of the API from all computers, hard drives, networks and other storage media; and (3) upon request, certify in writing to Mindbody that such actions have been taken.

12. Your Use of Third Party Services

We may make available third party products or services, including, for example, third party applications, implementation and other consulting services ("Third Party Services"). Any use by you of such Third Party Services, and any exchange of data, including Personal Data, between you and the provider of such Third Party Services, is solely between you and the provider of such Third Party Services. Your access and use of the Third Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third Party Services on the websites or via the technology platforms of their respective providers. Use of Third Party Services is at your own risk and Mindbody disclaims all liability related thereto. Mindbody does not warrant or support Third Party Services, whether or not they are designated as being "certified" or otherwise.

13. Disclaimer of Any Warranty

The API, the Service and any and all Mindbody Content and Mindbody Data are provided on an “as is” basis with all faults. To the maximum extent permitted by applicable law, Mindbody and its suppliers disclaim any and all representations and warranties relating to the API, the Service, Mindbody Content, Mindbody Data, and any other services provided by Mindbody, whether express, implied or statutory, including any warranties of merchantability, fitness for a particular purpose, data accuracy, title, non-infringement, non-interference and quiet enjoyment. Mindbody disclaims any warranty that your use of the API will be uninterrupted, error free, secure, timely, complete, reliable, or current. For the avoidance of doubt, you acknowledge and agree that this Agreement does not entitle you to any support for the API. No advice or information, whether oral or in writing, obtained by you from us will create any warranty not expressly stated in this Agreement. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made on behalf of both Mindbody and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, contractors, licensors, suppliers and service providers (the “Mindbody Parties”).

14. Limitation of Liability

You expressly acknowledge and agree that Mindbody shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with use of the Mindbody API, the Service, the Mindbody Content or the Mindbody Data, including but not limited to, lost profits, goodwill, cost or procurement of substitute goods or services, loss of use, data or other intangible losses whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, arising out of, or in any way connected with the Service or Third Party Services, including but not limited to the use or inability to use the API, any interruption, inaccuracy, error or omission, whether or not Mindbody has been advised of the possibility of such damages. Under no circumstances shall Mindbody be liable to you for any amount.

15. Release and Waiver

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Mindbody, and its subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Mindbody API. If you are a California resident, you expressly waive your rights under California Civil Code 1542, which states, "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

16. Indemnification

You shall indemnify, defend and hold harmless the Mindbody Parties, successors and assigns from and against any and all charges, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of any third party claim relating to: (1) your breach or alleged breach of this Agreement; (2) any access to or use of the API by you, an affiliate, or an end user; or (3) any actual or alleged violation by you, an affiliate or end user of the intellectual property, privacy or other rights of a third party.

17. Confidential Information

"Confidential Information" includes all information provided by Mindbody to you under these this Agreement, including without limitation, Subscriber data (including Personal Data), business plans and processes, and any other information which should be reasonably considered to be confidential in nature. You will not use or disclose Confidential Information other than as required to perform under this Agreement or as otherwise expressly permitted by this Agreement. The parties acknowledge that monetary damages may not be a sufficient remedy for unauthorized use or disclosure of Confidential Information and that Mindbody will be entitled (without waiving any other rights or remedies) to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction, without obligation to post any bond. Any information provided by you to Mindbody hereunder is considered by Mindbody to be non-confidential. Mindbody has no duty, express or implied, to pay any compensation for the disclosure or use of any such information provided by you to Mindbody. You acknowledge and agree that any information you provide to Mindbody is solely considered a business relationship under this Agreement and you have no expectation of payment.

18. Publicity

You may promote your Application, including talking to traditional and online media and your users about your Application, so long as you do so truthfully and without implying that your Application is created or endorsed by Mindbody. You may not issue any formal press release relating to this Agreement or your relationship with Mindbody without Mindbody’s prior written consent. Mindbody reserves the right to issue publicity and promotional materials mentioning and/or describing your Application without your consent.

19. Privacy Policy

By using our API, you are indicating that you’ve read the Mindbody Privacy Policy and agree to its terms. Mindbody may use information in accordance with the Mindbody Privacy Policy. Without limitation, you acknowledge and agree that Mindbody may process your data, including Personal Data of your representatives, for the purpose of performing the Agreement and providing the API and related functions, such as billing and support, as well as to send direct marketing communications to your representatives, data science, aggregation or anonymization, product or service improvement and reporting, and other purposes set out in the Mindbody Privacy Policy. You represent and warrant that you are authorized to process your data and make such data available to Mindbody or its customers for uses as set out in this Agreement and the Mindbody Privacy Policy, including through appropriate notice, disclosures, consent and by your referring individuals to our Privacy Policy (notwithstanding Mindbody’s ability and right, to which you agree, to request consent, and provide notice and its Privacy Policy separately to individuals).

Unless specifically agreed in writing between you and us, in relation to data, including Personal Data, that is subject to European Economic Area, United Kingdom, State of California, or other similar data protection rules, you acknowledge and agree that you are not engaged by us and act as an independent controller, business or service provider (i.e., not as a processor or service provider to us), without prejudice to any use or licensing restriction or condition under the Agreement.

You are solely responsible for ensuring that any contractual arrangements required by applicable law are in place, including with API developers, including any relevant data processing and transfer agreement (including where relevant appropriate standard contractual clauses) between (1) a Subscriber and you (where you are a third party developer), or (2) a third party developer and you (where you are a Subscriber), and that we may freely deny or revoke access to the API if you do not do so.

You represent and warrant that: (1) the Subscriber consents to the disclosure and processing of Personal Data relating to it or its representatives and End Users (as defined in the Mindbody Privacy Policy); and (2) you understand and will comply with your obligations under applicable data protection laws, including the California Consumer Privacy Act, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation) and the (UK) Data Protection Act 2018.

20. Onward Transfer of Personal Data

As described in the Mindbody Privacy Policy, Mindbody and its subsidiaries participate in and have certified compliance with the EU-US Data Privacy Framework and the Swiss-US Data Privacy Framework as set forth by the U.S. Department of Commerce.

For transfers of Personal Data from the EEA, we rely on standard contractual clauses (based on Module 3 of the processor to processor standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679, as amended by Regulation (EU) 2021/914, as amended or replaced from time to time by a competent authority under the relevant data protection laws and published here, a copy of which can be obtained by Contacting Us, see below) (the "Standard Contractual Clauses"), which are expressly incorporated herein and take effect in the event of such transfer, and:

    1. Clause 7 – Docking clause of Module 3 of the Standard Contractual Clauses shall apply;
    2. Clause 9 – Use of subprocessors of Module 3 of the Standard Contractual Clauses Option 2 (general authorization) shall apply and the “time period” shall be 5 days in accordance with the Sub-Processor Clause in this Privacy Annex;
    3. Clause 11(a) – Redress of Module 3 of the EU Standard Contractual Clauses the optional language shall not apply;
    4. Clause 17 – Governing law of Module 3 of the Standard Contractual Clauses “Option 1” shall apply and the “Member State” shall be Ireland;
    5. Clause 18 – Choice of forum and jurisdiction of Module 3 of the Standard Contractual Clauses shall be Ireland;
    6. Annex 1 of Module 3 of the Standard Contractual Clauses shall be deemed to be pre-populated with the relevant information of the parties entering into this Agreement and (1) the data subjects, categories of data, special categories of data and processing operations and, as applicable, retention periods will be the same as described in the Agreement and the Mindbody Data Processing Schedule; (2) the frequency of the transfer is continuous; (3) the period for which the data will be retained is set forth in the Agreement, and (4) data importer may transfer data to its Sub-Processors for the duration of the Services for storage, hosting, computing or similar support services. Further, the competent supervisory authority shall be consistent with the member state specified through Clause 13.
    7. Annex 2 of Module 3 of the Standard Contractual Clauses shall refer to Security Policy For transfers of Personal Data out of the UK, we are relying on the UK Standard Contractual Clauses (Controller to Processor) as amended by the Commissioner for the UK data protection laws and published here. If at any time the UK Government approves the Standard Contractual Clauses for use under the UK Data Protection Laws, then the relevant EU Standard Contractual Clauses shall apply (and shall replace the UK Standard Contractual Clauses), in respect of any relevant UK transfers, subject to any modifications to the Standard Contractual Clauses required by the UK data protection laws (and subject to the governing law of the UK Standard Contractual Clauses being English law and the supervisory authority being the Information Commissioner’s Office (“Commissioner”)). Appendix 1 and 2 to the Standard Contractual Clauses shall be deemed to be pre-populated with the information set forth on the Mindbody Data Processing Schedule

You agree to (1) use and disclose any Personal Data you receive from Mindbody only for limited and specified purposes that comply with this Agreement, including Section 8, Section 20, and that are consistent with the consent provided by the individual; (2) provide an equal or greater level of protection for the Personal Data as described in the applicable Standard Contractual Clauses, including appropriate technical and organizational measures to protect Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access; (3) notify Mindbody if you can no longer meet your obligations under section (2) of this sentence and, upon notice, cease processing or take reasonable and appropriate steps to stop and remediate unauthorized processing of Personal Data; and (4) assist Mindbody in responding to: (a) lawful requests by public authorities, including to meet national security or law enforcement requirements; and (b) individuals exercising their rights under the Standard Contractual Clauses.

21. Records and Audit Rights

Mindbody shall have the right to audit your compliance with payments, copyright, Confidential Information, and any other restrictions and/or obligations in this Agreement.

22. General Terms

    1. Relationship of the Parties. For all purposes of this Agreement, you and Mindbody shall be and act independently and not as partners, joint ventures, agents, employees or employers of the other. You shall not have any authority to assume or create any obligation for or on behalf of Mindbody, express or implied, and you shall not attempt to bind Mindbody to any contract.
    2. Non-Solicitation. You agree to not solicit for hire any employee of Mindbody with whom you have, at any time, interacted with for the purposes of doing business with Mindbody, and will not solicit for hire a director or officer of Mindbody who was or is employed by Mindbody while this Agreement is in place, for the duration of the Agreement or within 12 months after the termination of the Agreement. Nothing in this provision shall be construed to prevent any individual from being hired by you. If you breach this obligation to not solicit Mindbody employees and the solicited employee is hired by you, you shall pay Mindbody an amount equal to 50% of the solicited employee’s new salary as liquidated damages. The parties agree that quantifying losses arising from your solicitation is inherently difficult insofar as the solicitation may impact Mindbody’s ability to retain personnel and resulting need to recruit, hire and train replacement talent and further stipulate that the agreed upon sum is not a penalty, but rather a reasonable measure of damages, based upon the parties’ experience and given the nature of losses that may result from your solicitation.
    3. Severability. If any court of competent jurisdiction finds any provision of this Agreement unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remainder of this Agreement will continue in full force and effect.
    4. Governing Law. This Agreement will be governed by the laws of the State of California, U.S.A., without giving effect to any principles that would provide for the application of the laws of any other jurisdiction. The United Nations Convention for the International Sale of Goods will not apply to this Agreement.
    5. Mandatory Informal Dispute Resolution. If you have any dispute with Mindbody arising out of or relating to this Agreement, you agree to notify Mindbody in writing with a brief, written description of the dispute and your contact information, and Mindbody will have 30 days from the date of receipt within which to attempt resolve the dispute to your reasonable satisfaction. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the API or the Service or otherwise under this Agreement must be filed within 1 year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim. If the parties are unable to resolve the dispute through good faith negotiations over such 30 day period under this informal process, either party may pursue resolution of the dispute in accordance with the arbitration agreement below. If we can’t resolve a dispute after following the process above, then we must resolve through arbitration and not in court.
    6. Arbitration Agreement. All disputes arising out of or related to this Agreement or any aspect of the relationship between you and Mindbody, whether based in contract, tort statute, fraud, misrepresentation or any other legal theory, that are not resolved pursuant to Section 22.5 above will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, and Mindbody and you each hereby waive the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (currently accessible at https://www.adr.org/sites/default/files/Commercial-Rules-Web.pdf) as amended by this Agreement. Any arbitration hearing will be held in San Luis Obispo County, California. The applicable governing law will be as set forth in Section 22.4 (provided that with respect to arbitrability issues, federal arbitration law will govern). The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
    7. No Waiver of Rights by Mindbody. Mindbody’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
    8. Construction. The section headings of this Agreement are for convenience only and are not to be used in interpreting this Agreement. As used in this Agreement, the word "including" means "including but not limited to."
    9. Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral, relating to such subject matter.
1. Definitions 2. License 3. Modifications 4. Support 5. Application Guidelines 6. API Call Limitations 7. Ownership 8. Non-Permitted Purposes; API Restrictions 9. Service Providers 10. Fees and Payments 11. Right to Terminate 12. Your Use of Third Party Services 13. Disclaimer of Any Warranty 14. Limitation of Liability 15. Release and Waiver 16. Indemnification 17. Confidential Information 18. Publicity 19. Privacy Policy 20. Onward Transfer of Personal Data 21. Records and Audit Rights 22. General Terms