Welcome to the Toasty API service. These API terms and conditions (the “API Terms”) govern your use of our API to access and utilize Toasty services. By using our API, you agree to comply with these API Terms and our Terms of Use. These API Terms form a part of our Terms of Use and capitalized terms used and not otherwise defined in these API Terms have the meaning given to them in our Terms of Use.

Under these API Terms, Toasty means WINCUBE, Inc., and we may refer to Toasty as "we," “our,” or “us.”

“API” means the application programming interface that provides the following functions: (i) access to gift cards, including Toasty’s Branded Gift Cards and Choice Cards, (ii) automated management; and (iii) tailored gift card options for country-specific brands and currencies.

 

1. API License and Access
  • License Grant: We grant you a non-exclusive, non-transferable, revocable license to access and use the API in accordance with these API Terms.
  • Access Requirements: You must have an active Toasty API account to manage the API. Access to the API requires a valid contract with us.

 

2. API Usage and Restrictions
  • Permitted Use: You may use the API to facilitate the sale and distribution of gift cards as per your account permissions. You are fully responsible for any information you provide to us via the API.
  • Prohibited Actions: You may not use the API for any illegal activities, to infringe on intellectual property rights, or to interfere with or disrupt the API or its associated services.

Specific prohibitions include:

  • Distributing, leasing, renting, transferring, assigning, sub-licensing or reselling API access.
  • Engaging in activities that degrade the performance of the API.
  • Circumventing any access restrictions.
  • Encouraging or promoting illegal activity or violation of third-party rights
  • Modifying, reverse engineering or making derivative works of the API
  • Violating our Terms of Use

3. API Limits

We may set and enforce limits on your use of the API (limiting the number of requests you may make, the number of sub-accounts served, etc.), in our sole discretion. Any applicable limits will be communicated to you and you will comply with such limits. If you would like to use the API beyond these limits, you must obtain our express written consent (and we may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). We may monitor your use of our APIs for reasons including to improve our APIs and for compliance with these API Terms. We may suspend your access to our APIs without notice if we reasonably believe that you are in violation of these API Terms.

 

4. Updates and Modifications
  • Right to Modify: We reserve the right to update or modify the API at any time. We will notify you of significant changes through the Site. Your continued use of the API constitutes acceptance of the modified or updated API Terms.
  • Implementation of Updates: You are required to implement and use the most recent version of the API, making any necessary changes to your applications at your own cost.

 

5. Security and Data Protection
  • Security Measures: You are responsible for maintaining the security of your API credentials and for any activities or actions taken using your credentials.
  • Data Protection: You must comply with all applicable data protection laws. We may monitor API usage to ensure compliance with these terms and to improve our services.

 

6. Intellectual Property
  • Ownership: All rights, titles, and interests in and to the API and any associated materials remain with us. Your use of the API does not grant you any ownership rights in the API.
  • Client Applications: You retain ownership of your applications that interact with the API, provided that you do not claim ownership of the API itself.
  • Feedback: If you provide us with feedback or suggestions about our APIs (“Feedback”), you hereby assign all right, title, and interest in and to the Feedback, and we are free to use, reproduce, disclose, or otherwise exploit the Feedback without attribution, payment, or restriction, including to improve the API and the Services and to create other products and services.

 

7. Fees and Payments
  • Usage Fees: API usage may be subject to fees. You agree to pay all applicable fees for your use of the API.
  • Payment Terms: All payments are due as specified in your Toasty account terms. Failure to pay may result in suspension or termination of your API access.

 

8. Termination
  • Termination by You: You may terminate your use of the API at any time by discontinuing use and notifying us.
  • Termination by Toasty: We may suspend or terminate your access to the API for violations of these API Terms, our Terms of Use, or other applicable policies, or for any reason at our sole discretion with notice.

 

9. Liability and Indemnification
  • Disclaimer of Warranties: THE API IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES. TOASTY DISCLAIMS ALL WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTIBILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PURPOSE. TOASTY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE RELATED TO RELIABILITY, ACCURACY, OR COMPLETENESS OF THE APIS AND THAT USE OF ANY APIS WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR MEET YOUR REQUIREMENTS OR EXPECTATIONS.
  • Limitation of Liability: TOASTY SHALL NOT BE LIABLE FOR ANY LOST PROFITS, PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES TO THE CUSTOMER OR TO ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF THE USE OF API OR ANY OF THE SERVICES TO BE PERFORMED BY TOASTY.
  • Indemnification: You agree to indemnify, defend, and hold harmless Toasty and its affiliates from any claims, liabilities, damages, losses, or expenses arising from your use of the API or violation of these terms.

10. Confidentiality

  • You may be given access to certain non-public information, software, and specifications relating to our APIs (“Confidential Information”), which may include your credentials as well as any materials, communications, or other information that would reasonably be considered confidential under the circumstances. You may use Confidential Information only as necessary in exercising your rights granted under these API Terms. You may not disclose any Confidential Information to any third party without prior consent. You agree that you will protect any Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential information.

 11. Miscellaneous

  • If any part of these API Terms is held by any court or administrative body to be illegal, void, or unenforceable, that determination will not impair the enforceability of the remaining parts of these API Terms of which will remain in full force.
  • Nothing in these API Terms is intended to create, nor shall it be construed as creating, any exclusive arrangement between the parties.
  • The parties are independent contractors. Neither party is an agent, representative, or related entity of the other party. These API Terms shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties.
  • You have no right to assign or otherwise transfer these API Terms, or any of its rights or obligations hereunder, to any third party without our prior written consent, to be given or withheld in our sole discretion.
  • These API Terms are governed by and is to be construed in accordance with the laws of the State of Delaware.

 12. Contact Information

  • For any questions or concerns regarding these terms, please contact Toasty support at support@toastycard.com.

By using and accessing the Toasty API, you acknowledge that you have read, understood, and agree to be bound by these API Terms.