Application Programming Interface Terms of Use

(Last Updated: January 2021)

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¶ I. Contractual Relationship; Scope

These Application Programming Interface Terms of Use (“Terms of Use”) govern your access and use of the APIs provided by Uber Technologies, Inc. its subsidiaries and affiliates (collectively, “Uber”). The guides, materials, references, software and other applications or services provided by Uber in association with the access and use of the Uber APIs, together with the Uber APIs themselves, are collectively referred to as a suite of “Uber API Services”.

By accessing or using the Uber API Services you confirm your agreement to be bound by these Terms of Use as well as Uber’s Community Guidelines. The Uber APIs may also be subject to any other agreements you have with Uber, including those related to your use of business-specific APIs (“Supplemental Agreements”). Additionally, if you use the Uber APIs as an interface to, or in conjunction with, other Uber products and services, then the terms of those products and services (“Uber Product Terms”) also apply to you and your end users. If there is a conflict between these Terms of Use and the terms of a Supplemental Agreement governing your use of an Uber API or Uber Product Terms governing your use of Uber’s products and services, those terms will control with respect to that conflict.

Collectively, we refer to these Terms of Use, the Community Guidelines, any additional applicable terms (including terms in any Supplemental Agreements and any Uber Product Terms) and any other applicable policies and guidelines as the “Terms.”

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND UBER.

¶ II. Access to APIs

¶ A. General.

You may not use the Uber API Services if you are not of legal age to form a binding contract with Uber, you determine that you are unable to comply with these Terms of Use or you are prohibited by applicable law from accessing or using the Uber API Services.

¶ B. Entity Access.

If you are accessing Uber API Services on behalf of a company, entity, or organization (collectively “entity”), then you represent and warrant that you: (a) are an authorized representative of that entity with the authority to bind such entity to the Terms; (b) have read and understand the Terms; and (c) agree to these Terms of Use on behalf of such entity. All references to “you” in these Terms of Use shall also refer to that entity.

¶ C. Registration & Credentials.

To access the Uber API Services, you may be required to register. After an approved registration, you will be issued certain credentials, which may be required to access the Uber APIs. You may not make credentials available to others including by embedding them in open source projects and only you may access the Uber API Services with the credentials provided to you. You will not misrepresent or mask your identity or your credentials when accessing or using the Uber API Services.

¶ D. Access Revocation.

We reserve the right to revoke your access to the Uber API Services without prior notice if we determine your use violates the Terms or is otherwise objectionable as determined in Uber’s sole discretion.

¶ III. Use of APIs

¶ A. Your End Users.

If you offer your application for use by others outside of your entity, you must maintain a user agreement and a legally compliant privacy policy for your application that is prominently identified or located where users download or access your application. You must immediately notify us in writing of any breach of your user agreement or privacy policy that impacts, or may impact, customers or users of Uber’s products or services.

¶ B. Compliance.

Access, implementation and use of the Uber API Services must be in compliance with all applicable law, regulation, third party rights (including, without limitation, laws regarding the import or export of data or software, privacy, and local laws) as well as Uber’s instructions. You will only use the Uber API Services in connection with legally permissible activities and as described in the Terms.

Promptly upon request, you will be required to certify certain aspects of your compliance with these Terms, including without limitation, your compliance with the above paragraph, and your security and data use practices, including the details of any privacy or security incidents potentially involving data of Uber users. We will provide the form of certification which must be signed by an authorized officer of your entity.

¶ C. API Limitations.

Uber sets and enforces limitations on the use of Uber APIs. You will not circumvent, or attempt to circumvent, such limitations as they apply to each Uber API or as otherwise set forth in the Terms, except as approved in writing by Uber. Uber may limit the number or nature of network calls that you or your application may make. Uber may change such usage limits at any time with or without notice and may use any means to enforce its usage limitations or prevent overuse of the Uber APIs.

¶ D. Open Source.

To facilitate your Uber API integration, Uber may make certain Software Development Kit(s) (“SDK(s)”) and/or libraries available to you under a separate open source license. You agree that any Uber API integration facilitated with such open source SDK(s) and/or libraries remains subject to the Terms.

¶ E. API Monitoring; Audit; Review.

We have the right to inspect, monitor and audit any records or activity related to your use of the Uber API Services, to among other things, improve the Uber API Services and identify security issues, or ensure compliance with the Terms. You will cooperate with audit requests by providing Uber access to relevant knowledgeable personnel, physical premises, documentation, infrastructure, and application software.

We reserve the sole right to determine whether or not your use of the Uber API Services is acceptable including the manner in which the Uber APIs are integrated into Your Products (defined below). Uber may collect and use usage data and information related to your use of the Uber API Services.

You agree to reimburse us for the costs and expenses of any audit that reveals a material breach of these Terms of Use related to your use of the Uber API Services. You agree to promptly address and correct all deficiencies identified in any such audit.

Uber’s review, testing, or approval of your products or services does not constitute any representation or acknowledgement by Uber that Your Products and/or any content therein comply with the Terms, any laws, rules, or regulations, nor does it constitute any acceptance by Uber of any responsibility or liability in connection such products or services, or any content therein.

¶ F. Revocation.

If you do not comply with the Terms, or fail to timely evidence such compliance or if we believe that you have attempted to exceed or circumvent any of the prohibited uses or the additional requirements or limitations described in the Terms, your ability to use the Uber API Services may be temporarily or permanently blocked or revoked.

¶ G. Certain Prohibited Uses.

Unless permitted by applicable law or any Supplemental Agreement(s) between you and Uber, you will not, and will not direct, encourage, or assist any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the Uber API Services; (b) modify or make derivative works based upon the Uber API Services; (c) improperly use the Uber API Services, including (1) creating Internet “links” to any part of the Uber API Services, “framing” or “mirroring” any part of the Uber API Services on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the Uber APIs, (2) transmitting any viruses or other code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data; (d) reverse engineer, decompile, modify, or disassemble the Uber API Services; (e) send spam or otherwise duplicative or unsolicited messages with the Uber APIs; or (f) use the Uber APIs to (1) display any offensive content or any content for which you do not have the right to share with Uber or to display or (2) distribute unsolicited advertising or promotions, or (3) engage in fraudulent or unauthorized activity including phishing, pharming, spidering, harvesting or other similar activities.

In addition, you shall not, and shall not direct, encourage, or assist any other party to, access or use the Uber API Services to: (a) design or develop a competitive or substantially similar product or service; (b) copy or extract any features or functionality thereof; (c) launch or cause to be launched on or in connection with the Uber API Services a malicious automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program intended to overburden or hinder the operation and/or performance of the Uber API Services; (d) attempt to gain unauthorized access to the Uber API Services or its related systems or networks; (e) include any underlying Uber platform or product with competitors in any aggregated view i.e. webpage, app, software, etc.; (f) aggregate Uber’s data with competitors’ data; or (g) parse or scrape any of Uber’s data; in each case other than as explicitly permitted by Uber in writing. You will not share with a third party (or enable a third party to use) any operational, technical or other data obtained through the use of the Uber API Services in any manner that is competitive to Uber, including, without limitation, in connection with any application, website or other product or service that also includes, features, endorses, or otherwise supports in any way a third party that provides services competitive to Uber’s products and services.

¶ IV. Ownership; License

¶ A. Ownership.

Uber owns all right, title and interest, including without limitation, all intellectual property rights and other rights in and to its software applications (including but not limited to the Uber API Services), any intellectual property rights used in connection with the software applications, and other proprietary technology, including any data structures therein, accompanying documentation, and any updates or revisions to the foregoing. All rights not specifically conveyed are retained by Uber.

You agree that you will not use Uber’s trademarks, service marks, or trade dress or any similar names, marks, or trade dress (“Uber’s Marks”) without express, written permission from Uber. This prohibition on using Uber’s Marks includes, but is not limited to, use in domain names, on websites or social media accounts, or as the names or titles of software applications or software features or functions.

¶ B. Licenses.

Subject to your compliance with the Terms, Uber hereby grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to access and use the Uber API Services for the sole purposes of developing, testing, using, and maintaining an integration of your application with the Uber API Services, and to refer to Uber for the sole purpose of identifying Uber as the source of the Uber API Services.

Uber may produce and distribute incidental depictions, including screenshots, video, or other content from your API client, and may use your company or product name, trademarks, and trade dress in the course of Uber’s worldwide promotion, marketing, or demonstration of the Uber API Services you are using; you hereby grant Uber a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such incidental depictions, company names, product names, trademarks, and trade dress for the aforementioned purposes without further notice to or consent from you.

Subject to the rights granted to Uber and limitations herein, you reserve and retain sole and exclusive ownership of all right, title, and interest in, to, and under (a) your extensions and applications, and (b) all modifications, corrections, repairs, translations, enhancements, and other derivative works and improvements of your extensions and applications, including all intellectual property rights arising therefrom or relating thereto (collectively, (a) and (b) are “Your Products”), to the extent Your Products do not infringe any of Uber’s intellectual property rights. You are solely responsible for all costs incurred by you in the creation and maintenance of Your Products.

¶ V. Content

You are solely responsible for selecting all content made available through and contained in Your Products and for ensuring that such content complies with the Terms and any other requirements applicable to such content. You are fully responsible for any information you provide to Uber via the Uber APIs.

The Uber API Services may contain content owned by a third party. This content is the sole responsibility of the third party that makes it available. Additionally, content accessible through Uber APIs and Uber products may be subject to the intellectual property rights of third parties. User-generated content obtained by Uber will be governed by Uber’s user generated content policy.

¶ VI. Feedback; Attribution

¶ A. Feedback.

If you provide feedback or suggestions about Uber API Services, such information may be used for any purpose without obligation to you. Any feedback or suggestions provided by you will be governed by Uber’s Feedback Policy.

¶ B. Attribution.

Except for and subject to the license granted in Section IV. B. of this agreement and except where otherwise expressly stated, neither party grants the other party any right, title, or interest in or to the other party’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Brand Attributes”). You shall not make any statement regarding your use of the Uber API Services which disparages Uber or its business partners.

The documentation for the Uber API you use may include guidelines for providing attribution to Uber. You agree to provide any attribution in accordance with the guidelines and as further described in our Design Guidelines, which may be updated from time to time. You can use these resources but you must not make any changes or modifications to them.

¶ VII. Privacy

¶ A. Uber Data.

Except for third party content described herein, “Uber Data” includes all data received from Uber through an Uber API. Where such data includes non-public content relating to a user, such content must not be exposed to other users or to third parties without proper consent from that user.

¶ B. Personal Information.

If your use of the Uber API Services or access to Uber Data requires or will likely result in the provision of personal information directly to Uber, you agree to adequately inform and obtain all necessary consents and authorizations from the applicable users to provide such personal information to Uber and retain written records of such consents. Uber will treat personal information obtained from you through your use of Uber APIs in accordance with the applicable privacy and data protection laws and its posted privacy notice.

¶ C. Confidentiality.

You may be given access to information that is confidential to Uber (“Uber Confidential Information”), which may include your credentials as well as any materials, communications or other information that is marked confidential or that would reasonably be considered confidential under the circumstances. You agree to use Uber Confidential Information only for the purpose of using the Uber API Services in accordance with the Terms, and, unless compelled by a court of applicable jurisdiction (and you gave Uber written notice and a reasonable chance to defend its interests prior to such court compelled disclosure), you agree to not disclose any Uber Confidential Information to any third party without Uber’s prior written consent.

Uber Confidential Information does not include information that you independently developed, that was rightfully given to you by a third party without any confidentiality obligation, or that becomes public through no fault of your own or any party under your control.

¶ D. Security.

You agree to implement and maintain appropriate technical, physical, and organizational measures to protect Uber Data and Uber Confidential Information against unauthorized or unlawful processing and against unauthorized loss, destruction, damage, alteration, or disclosure in the same manner that you would protect your own confidential and proprietary information but in no event using less than a reasonable degree of care.

Uber Confidential Information does not include information that you independently developed, that was rightfully given to you by a third party without any confidentiality obligation, or that becomes public through no fault of your own or any party under your control.

¶ VIII. Term; Termination and Survival

¶ A. Term; Termination.

These Terms of Use will apply for as long as you access and use the Uber API Services. You may terminate these Terms of Use at any time by giving us notice and ceasing to access and use the Uber API Services. Uber may terminate these Terms of Use at any time, including if it determines that you have violated or attempted to violate the Terms. These Terms of Use will terminate automatically in the event the Uber APIs you use are no longer made available to you, if your Supplemental Agreement with Uber is terminated or expires, or if any representations you make herein are deemed or found to be untrue.

Upon termination of these Terms of Use, you will immediately stop using the Uber APIs, cease all use of the Uber intellectual property and delete any cached or stored content and any Uber Data (including any Uber Confidential Information). Uber reserves the right to contact your end users to notify them of the termination of your right to use the Uber APIs and the Uber API Services.

¶ B. Survival.

The provisions set forth in these Terms of Use that, by their nature, should survive termination or expiration of these Terms of Use, will survive any expiration or termination of these Terms of Use.

¶ IX. Relationship of Parties

The relationship of the parties is that of independent contractors. These Terms of Use do not create a partnership, joint venture, franchisee or other similar relationship. Neither party will make a public statement that suggests partnership with or sponsorship or endorsement by the other party without such party’s prior written approval.

The parties’ obligations under these Terms of Use are non-exclusive. Unless otherwise agreed upon separately in writing, neither party is precluded from marketing, licensing, positioning, providing and distributing its own products and services through other alliances, programs or partners. Nothing in these Terms of Use prohibits or restricts either party’s right to develop, make, use, market, license, position, provide and distribute products or services similar to or competitive with those of the other party as long as it does not breach, or attempt to breach, these Terms of Use.

¶ X. Representations; Indemnification; Disclaimer; Limitation of Liability

¶ A. Representations.

You hereby represent and warrant that you have all authority necessary to bind yourself (including your entity) to these Terms of Use and that you are not prohibited from accessing or using the Uber API Services in the country in which you reside. If, at any time, you do not have authority, are legally prohibited, or do not agree to these Terms of Use, then these Terms of Use are automatically terminated, and you must discontinue all access and use of the Uber API Services immediately.

You further represent and warrant that (a) you have the right to distribute, or otherwise make available Your Products to your end users, (b) such products comply with all applicable local, state, federal and international laws and regulations as well as applicable terms of service and privacy notices and (c) Your Products do not and will not infringe the rights of any third party.

¶ B. Indemnification.

You agree to indemnify and hold Uber and its officers, directors, employees, and agents harmless from and against any and all claims, demands, losses, liabilities, and expenses (including legal fees), arising out of or in connection with: (a) your use of the Uber API Services or information obtained through your use of the Uber API Services; (b) your breach or violation of the Terms or (c) your violation of the rights of any third party, including with respect to any third party content.

¶ C. Disclaimer.

THE UBER API SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. UBER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF USE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, UBER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE UBER API SERVICES OR ANY INFORMATION REQUESTED OR OBTAINED THROUGH THE USE OF THE UBER API SERVICES, OR THAT SUCH SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE UBER API SERVICES, AND ANY INFORMATION REQUESTED OR OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

¶ D. Limitations.

WHERE PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UBER OR ANY OF ITS SERVICE PROVIDERS, SUPPLIERS OR REPRESENTATIVES (INCLUDING OFFICERS OR DIRECTORS) BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (A) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR (B) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, ARISING FROM YOUR USE OF THE UBER API SERVICES, REGARDLESS OF WHETHER YOU OR SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. UBER’S AGGREGATE LIABILITY UNDER THESE TERMS OF USE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

¶ XI. Support and Maintenance

Uber may provide documentation, functional and technical design documents, and other documents that may be relevant or useful in using Uber API Services. Uber has no obligation to provide any maintenance, support, or training for set-up or use of any Uber API Services.

¶ XII. Modifications

Uber in its sole discretion may modify, update or discontinue the Uber API Services. Uber may also impose additional limits on certain features and services or restrict your access to parts or all of the Uber API Services without prior notice or liability. While we can provide no guarantee, we will try to ensure that future versions of the Uber APIs are backwards compatible to the immediately preceding version.

Uber may amend these Terms of Use from time to time. Amendments will be effective upon Uber’s posting of such updated Terms of Use at this location or in the amended policies or documentation related to the Uber APIs. Your continued access or use of the Uber API Services after such posting confirms your consent to be bound by these Terms of Use, as amended.

¶ XIII. Miscellaneous

These Terms of Use are governed by the laws of the State of Delaware, without regard to conflicts of law principles, and all claims arising out of or relating to these Terms of Use will be brought exclusively in the federal or state courts of New York County, New York, USA, and you consent to jurisdiction in those courts. These Terms of Use were drafted in English and the English-language version shall control in the event of a conflict with any translated version. You may not assign any of the rights or obligations under these Terms of Use, by operation of law or otherwise, without the prior written consent of Uber. Any attempted assignment in violation of this paragraph is void. Uber may exercise its rights herein in its sole discretion and without prior notice. The Terms constitute the entire agreement among the parties with respect to the subject matter and supersede and merge all prior proposals, understandings and contemporaneous communications. Any delay by Uber in enforcing any of its rights under these Terms of Use, including with regard to your non-compliance, shall not constitute a waiver of Uber’s rights to future enforcement of its rights under these Terms of Use. If any provision of these Terms of Use are determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be restated and enforced to the maximum extent permissible and the remaining provisions of these Terms of Use will remain in full force and effect.