Gaston Ai API Licence Agreement
GastonAi – a subsidiary company and trading brand of NILA TECHNOLOGY LIMITED whose registered headquarter is in the United Kingdom: Company Number 15673162. Throughout the site, the terms “GastonAi”, “we”, “us”, “our”, “Group” refer to NILA TECHNOLOGY LIMITED.
GastonAi is a data and technology company that makes smart personalised food and nutrient recommendations that are aimed at boosting epigenetic functions. We analyse physiological and biological data for the purpose of helping individuals (“Users”) understand and optimise their food and nutrition habits.
GastonAi offerings enable developers and businesses to integrate technology capabilities into their applications, including mobile, web-based and desktop applications. GastonAi provides its Offerings subject to this licence agreement (this “Agreement”).
This API Licence Agreement is a binding contract between you (“you” and “your”) and GastonAi. This Agreement governs your access to and use of the GastonAi APIs, software, code, specifications and documentation and related materials (the “GastonAi API”), which are made available and provided by GastonAi and to use GastonAi nutritional search, nutritional information services and food, ingredient and nutrient recommendations services so as to provide Users the opportunity to discover nutritional information, recipes, foods, ingredients and nutrients as well as access other food and nutritional content. .
By clicking “I Accept” or by accessing or using GastonAi APIs, you acknowledge that; (a) you have read and understood this agreement; (b) represent and warrant that you have the right, power and authority to enter into this agreement; and (c) accept this agreement and agree that you are legally bound by its terms. If you do not accept these terms, you may not access or use GastonAi APIs.
This API licence Agreement may be amended or modified at any time from time to time by GastonAi in its sole discretion, by posting notice on the Site or by otherwise providing notice to you. Your continued use of or access to the GastonAi API after any such changes constitutes your acceptance of the amendments to these Agreement and should you not accept such changes, you agree that your only recourse is to terminate this licence at such time as such changes are implemented.
Our Company Offerings may change from time to time without prior notice to you and we may stop (permanently or temporarily) providing the offerings (or any features within the Company Offerings) to you or to users generally and may not be able to provide you with prior notice.
“API” means the GastonAi API and Data API application programming interface and any API Documentation or other API materials made available by GastonAi.
“API Documentation” means the API documentation described by GastonAi from time to time.
“API Key” means the security key GastonAi makes available for its Customers to access the APIs.
“Company Marks” means GastonAi’s proprietary trademarks, trade names, branding, or logos made available for use in connection with the APIs pursuant to this Agreement
“Company/GastonAi Offering ” means the technology and application software made available by GastonAi.
“Your Applications” means any applications developed by you (the Customer) to interact with GastonAi APIs.
We analyse physiological and biological data for the purpose of helping individuals (“Users”) understand and optimise their food and nutrition habits. GastonAi enables developers and businesses (i.e. our Customers) to integrate technology capabilities into their applications, including mobile, web-based and desktop applications by integrating GastonAi APIs.
The GastonAi APIs are the sole property of GastonAi and are provided for use to our Customers under the terms and conditions in this Agreement on a non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. These terms define the legal use of the GastonAi APIs and all of their updates or revisions. All rights not expressly granted to Customers are reserved by GastonAi.
Customer shall not:
use GastonAi API for any application that constitutes, promotes or is used in connection with spyware, adware, or other malicious programs or code;
use GastonAi API in any manner or for any purpose that violates any law or regulation, or any right of any person; including but not limited to intellectual property rights, rights of privacy, or rights of personality;
use GastonAi API for any application that promotes pornographic content, violence and gambling;
use GastonAi API in a manner that adversely impacts the stability of the servers used by GastonAi to provide the service to the Customer, or adversely impacts the behaviour of other applications using the GastonAi API;
sell, lease, or sublicense GastonAi API unless a specific contract according to the matter is signed between the the Customer and GastonAi;
Failure to comply with any of the above conditions of use will result in immediate termination of the service provided by GastonAi.
We may provide fully analysed/processed data to our Customers via APIs (i.e. “Data APIs”). Our smart algorithms categorise foods and ingredients information to appropriate diet types (e.g. Jain, Halal, Kosher, Indian, Asian, etc.); food types (e.g. vegan, vegetarian, meat, sea food, etc.) and apply intolerant and allergen labels (e.g. Lactose, Aspartame, Benzoates, Vaso Active Amines, Gluten, Nuts, Soya, etc.).
You understand and agree that various third-party content may be accessible through the GastonAi APIs (these include, without limitation text, images, videos, audio, that may or may not pertain to food, cuisine, recipes, nutrition, and dining) (collectively, “Third Party Content”). You further understand and agree that any and all such Third Party Content is solely the duty and the responsibility of those parties, entities, individuals, and or persons that makes any and all such Third Party Content available. From time to time, GastonAi may (but is not obligated to) review such Third Party Content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display such Third Party Content. Also, you understand and agree, that any and all such Third Party Content that is accessible through the GastonAi APIs may be subject to intellectual property rights (including but not limited to copyright, trademark, and rights of publicity), and, if so, you may not use such Third Party Content unless you are licensed to do so by the owner of that Third Party Content or are otherwise permitted by law. Your access to the Third Party Content made accessible by the GastonAi APIs may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy (but it is not GastonAi’s obligation or duty to do so).
In addition, you understand and agree that you will bear sole responsibility for any infringement, or other violation of any third party intellectual property rights in any and all such Third Party Content and you bear sole and absolute responsibility for seeking and/or requiring any licences or other necessary rights to use, perform, or otherwise enjoy any such Third Party Content. Nothing contained herein shall be construed as any representation, warranty, grant of licence, or any other assignment or transfer of rights to you in and to any Third Party Content by GastonAi with regard to any and all such Third Party Content and you hereby agree to indemnify GastonAi pursuant to this agreement as further set forth below under the section entitled “Indemnification”.
When a user’s non-public content is obtained through the APIs, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.
GastonAi reserves the right, from time to time, to update, modify, or alter the GastonAi APIs. You understand and acknowledge that such updates, modifications, or alterations can or may adversely impact any of your applications or other uses that incorporate or access the GastonAi APIs and that, in such instances, you bear sole responsibility, at your own expense, for making any updates, modifications, or alterations to any of your applications or other uses that incorporate or access the GastonAi APIs.
GastonAi will attempt to (but does not guarantee) provide up to a month’s notice to you of updates, modifications, or alterations to the GastonAi APIs in those instances where such updates, modifications, or alterations that substantially affect the functionality or compatible of the GastonAi APIs, by posting notice on the Site. However, you acknowledge that in some cases GastonAi may have to make immediate updates, modifications, or alterations to the GastonAi APIs, in which case GastonAi will attempt to provide you with a reasonable amount of advance notice under the circumstances.
Subject to this agreement, GastonAi grants you a limited, non-exclusive, non-assignable, non-transferable licence under GastonAi’s intellectual property rights during the term of this agreement to use the GastonAi APIs to, (a) develop, test, and support your application, website, or other platform; (b) let your customers use your integration of the GastonAi API within your application, web site, or other platform; (c) display certain company marks in compliance with usage guidelines (e.g. “Powered by GastonAi”) that may specify from time to time solely in connection with the use of the GastonAi APIs.
You acknowledge that there are no implied licences granted under this Agreement. We reserve all rights that are not expressly granted. You may not use the API or any GastonAi mark for any other purpose without our prior written consent. You may not share your API Key with any third party, must keep your API Key and all log-in information secure, and must use the API Key as your sole means of accessing the API. Your API Key may be revoked or limited at any time by us.
You hereby agree to abide by the following non-exhaustive list of conditions in using or accessing GastonAi APIs and/or GastonAi content and acknowledge that the licence granted under this agreement is conditioned upon such compliance. Except as expressly authorised under this agreement, you may not;
GastonAi reserves the right to restrict access to modify, suspend, or terminate the GastonAi APIs or any or all of GastonAi content and that the availability of GastonAi APIs and/or GastonAi content is not guaranteed and is subject to change;
You are prohibited from renting, leasing, lending, selling, licensing, sublicensing, assigning, distributing, publishing, transferring, or otherwise making GastonAi APIs available
You are prohibited from copying or archiving any of GastonAi content, information and/or collecting any data from GastonAi content without GastonAi’s prior written consent.
You are prohibited from using or accessing the GastonAi APIs in order to monitor or benchmark the performance, availability, or functionalities of the Site or any services offered by and through GastonAi.
You are prohibited from performing any action with the intent of introducing to GastonAi products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
You are prohibited from interfering with or disrupting the GastonAi APIs or the servers or networks providing the GastonAi APIs.
You are prohibited from promoting or facilitating unlawful online gambling or disruptive commercial messages or advertisements.
You are prohibited from reverse engineering or attempting to extract the source code from the GastonAi APIs or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
You are prohibited from using the GastonAi APIs for any activities where the use or failure of the GastonAi APIs could lead to death, personal injury, or other forms of damage.
You are prohibited from removing, obscuring, or altering any GastonAi terms of service or any links to or notices of those terms.
GastonAi reserves the right to transmit advertisement and promotional materials in connection with the GastonAi Content. You are prohibited from removing, altering, disabling, circumventing and/or hiding any such advertisement and promotional materials without the prior written consent of GastonAi.
You agree to use the GastonAi APIs in a manner that complies with all applicable laws, rules, and/or regulations and you are prohibited from modifying, adapting, appropriating, reproducing, distributing, translating, creating derivative works or adaptations of, publicly displaying, republishing, repurposing, selling, trading, or in any way exploiting the GastonAi APIs, GastonAi Content, or Site except as expressly authorised by GastonAi by these Terms.
GastonAi reserves the right in any and all instances to request you provide examples and/or other information or materials concerning any proposed use of the GastonAi API, prior to or after any use or access by you of the GastonAi API and to give or revoke approval for any such use or access, in its sole discretion.
You will comply with all terms and conditions of this agreement, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted on galleysolutions.com/policies from time to time. In addition, you will not use the GastonAi APIs in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email (“spam”), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libellous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities.
You agree to monitor the use of your Applications for any activity that violates applicable laws, rules, and regulations or any terms and conditions of this agreement, including any fraudulent, inappropriate, or potentially harmful behaviour, and promptly restrict any offending users of your Applications from further use of your Applications. You agree to provide a resource for users of your Applications to report abuse of your Applications. As between you and us, you are responsible for all acts and omissions of your end users in connection with your Application and their use of the API, if any. You agree that you are solely responsible for posting any privacy notices and obtaining any consents from your end users required under applicable laws, rules, and regulations for their use of your Applications including you sharing your users’ data to us. All use by you of the Company Marks, if any, will comply with any usage guidelines that we may specify from time to time. You agree that your use of the Company Marks in connection with this Agreement will not create any right, title, or interest in or to the Company Marks in favour of you, and all goodwill associated with the use of the Company Marks will insure to the benefit of GastonAi.
You hereby acknowledge that GastonAi owns all rights, title, and interest, including all intellectual property rights, in and to, the; (a) GastonAi APIs, and all elements, components, code, modules, and executables of the GastonAi APIs; (b) any and all GastonAi Content made available by and through the GastonAi APIs and its website; and (c) any GastonAi branding, logos, or other trademarks or goodwill trade names, service marks, logos, domain names, and other distinctive brand features of GastonAi (collectively, all such materials shall be herein referred to as the “GastonAi Materials”). Except for the express licences granted in this agreement, GastonAi does not grant you any right, title, or interest in any of the GastonAi Materials.
Between you and us, (a) we own all rights, title and interests, including all intellectual property (as set forth, but not limited to) rights; and (b) you own all rights, title, and interest on the input image, textual and any other kind of data submitted by the Customer for automated analysis to the GastonAi API service. You shall at all times remain owner of and responsible for all technologies and intellectual property regarding your Application, platform and service that you are offering. This agreement grants GastonAi permissions to use the submitted data for training automated machine learning algorithms that will enhance the services provided to the customers as well as to use anonymised statistics extracted from this data.
You will use commercially reasonable efforts to safeguard GastonAi intellectual properties from infringement, misappropriation, theft, misuse or unauthorised access. You will promptly notify us if you become aware of any infringement of any of our intellectual property rights and will fully cooperate with us in any legal action taken by us to enforce our intellectual property rights. If you or any of your employees, contractors, and agents sends or transmits any communications or materials to us by mail, email, telephone or otherwise suggesting or recommending changes to GastonAi APIs, and our services, or Company Marks, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), all such Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and on behalf of your employees, contractors and agents, all rights, title, and interest in, and we for free to use, without any attribution or compensation to you and or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
As a condition for your use of and access to the GastonAi APIs, you agree to include and feature any logo provided by GastonAi and hyperlink(s) to the website (or other site as GastonAi may specify) in connection with your use of the GastonAi APIs and/or the GastonAi Content. GastonAi hereby grants to you a non-transferable, non-sublicensable, nonexclusive licence while this Agreement is in effect to display GastonAi’s Materials for the purpose of promoting or advertising that you use the APIs. You must only use the GastonAi Materials in accordance with this Agreement. All use by you of GastonAi’s Materials will insure to the benefit of GastonAi.
As a condition for your use of and access to the GastonAi APIs, you agree to include and feature any names of recipe providers featured in any GastonAi Content and hyperlink(s) to any such provider’s website(s) or other website(s) GastonAi may specify, in connection with your use of the GastonAi APIs and/or the GastonAi Content.
You agree that, without your prior consent, GastonAi may publicly refer to you as a licensee of the GastonAi APIs, orally or in writing, and that GastonAi may also publish your name and logo, on the Site, in press releases, and in GastonAi promotional materials, with or without mention of or link to your use or application that incorporates the GastonAi APIs or GastonAi Content. In the course of promoting, marketing, or demonstrating the GastonAi APIs and associated GastonAi products, GastonAi may produce and distribute incidental depictions, including screenshots, video, or other content from your websites, applications or other implementations of the GastonAi APIs. You grant us all necessary rights for the above purposes.
As a condition for your use of and access to the GastonAi APIs, you agree not to remove, change, or otherwise hide any GastonAi or third party copyright or other proprietary notice or any hyperlinks included within any GastonAi Content or any Third Party Content.
You will not make any statement regarding your use of the GastonAi APIs which suggests partnership with, sponsorship by, or endorsement by GastonAi or the owners of any Third Party Content without the prior written approval GastonAi or the applicable owner of the Third Party Content.
GastonAi provides support for GastonAi APIs only. The Customer is responsible for any integration of GastonAi APIs and Customer’s systems. GastonAi provides necessary resources on a time and material basis to support the integration of GastonAi APIs into Customer systems. Please refer to appropriate fees for such Company Offerings in GastonAi commercial agreements. GastonAi shall use commercially reasonable efforts to provide email support to API users. Email support means the ability to make requests for technical support assistance by emails at any time concerning the use of GastonAi API Offerings.
We reserve the right to immediately terminate our agreement with you and stop access to your account if you harass, intimidate or otherwise behave inappropriately toward any member of our staff.
THE API AND COMPANY MARKS ARE PROVIDED “AS IS” AND GASTONAI SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. GASTONAI SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. GASTONAI MAKES NO WARRANTY OF ANY KIND THAT THE API OR GASTONAI TRADEMARKS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, SYSTEM OR OTHER COMPANY OFFERINGS, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED
You agree to indemnify, defend, and hold harmless GastonAi and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to, (a) your use or misuse of the APIs or GastonAi Trademarks, (b) your breach of this Agreement, and (c) Your Applications, including any end user’s use thereof. In the event we seek indemnification or defence from you under this provision, we will promptly notify you in writing of the claim(s) brought against us for which we seek indemnification or defence. We reserve the right, at our option and in our sole discretion, to assume full control of the defence of claims with legal counsel of our choice. You may not enter into any third-party agreement that would, in any manner whatsoever, constitute an admission of fault by us or bind us in any manner, without our prior written consent. In the event we assume control of the defence of such a claim, we will not settle any such claim requiring payment from you without your prior written approval.
GastonAi is committed to complying with copyright and related laws, and requires all users of the GastonAi APIs to comply with these laws. Accordingly, You may not store any material or content or use or disseminate any material or content though the GastonAi APIs in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of GastonAi to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to GastonAi by the copyright owner or the copyright owner’s legal agent.
If You feel that any GastonAi Content or Third Party Content returned from or otherwise made available by the GastonAi APIs is objectionable or infringing, GastonAi encourages you to contact GastonAi immediately. Upon GastonAi’s receipt of a proper written notice of claimed infringement under the DMCA, GastonAi will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow all other relevant procedures specified in the DMCA with regard to the claimed infringement. The designated agent of GastonAi (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted using the GastonAi APIs in a way that constitutes copyright infringement, please provide GastonAi’s designated agent with a written communication containing the following information:
an electronic or physical signature of the person authorised to act on behalf of the owner of the exclusive right in the copyright that is allegedly infringed;
a description of the copyrighted work;
a description of where the material is infringing is located to permit GastonAi to locate the material;
Your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the owner of the exclusive right in the copyright that is allegedly infringed or authorised to act on the owner’s behalf.
GastonAi’s designated agent for notice of claims of copyright infringement can be reached by email at dpo@gogaston.io with the subject line “DMCA”
By Mail:
NILA TECHNOLOGY LIMITED, DMCA Designated Agent
1 Wright Close, Bushey WD23 2FH, United Kingdom
Last modified on 16 July 2024.
