API Terms of Use

Last Updated: May 21, 2025

These API Terms of Use (“API Terms”) are by and between Besitos Corporation, LLC, a Delaware limited liability company (“Besitos”), and the entity or business (“Partner”) who has entered into a Game Offer Services Agreement or similar contract with Besitos (the "Agreement") to use Besitos’ Partner Game Page services and now desires to access the Besitos API (defined below). Each of Besitos and Partner are a “Party” and together the “Parties”. These API Terms supplement the terms and conditions of the Agreement.

In consideration of the mutual promises set forth in these API Terms and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Besitos and Partner hereby agree as follows:
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The following terms shall have the meanings set forth below. Any capitalized term not defined below shall have the meaning as set forth in the Agreement:

All other capitalized terms not otherwise defined herein shall have their meanings as set forth in the Agreement.

Subject to the terms and conditions of these API Terms, and Partner’s compliance with all terms of the Agreement as well as all applicable laws, rules, and regulations, Besitos hereby grants to Partner a limited, revocable, non-exclusive, non-sublicensable, non-transferable, limited right and license to access and use the Besitos API to make its Partner Game Page(s) active and functional, in accordance with and subject to the terms and conditions of the Agreement. Besitos will issue Partner an access key unique to Partner (“Partner Key”). Partner will only have access to the data collected through a Game that Besitos chooses to make available to Partner (collectively, User Data, as defined in the Agreement) and to the extent the Partner Key is active. The issuance and revocation of the Partner Key is at Besitos’ sole discretion. Partner will not share its Partner Key with any third party.

Partner shall not do any of the following, nor may you permit any Person to do any of the following: (a) exceed the limited license rights granted in these API Terms, including, without limitation, the sharing of the Partner Key, passwords or other login credentials with those not given explicit rights to access and view the Besitos API or any Game; (b) remove any proprietary notices, labels, or marks from the Besitos API or any Game; (c) sell, transfer, lend, lease, license, or sublicense the Besitos API; (d) copy, distribute, modify, or otherwise create derivative works of the Besitos API, except as expressly authorized by these API Terms; (e) circumvent any digital rights management or copyright management protection associated with the Besitos API; (f) translate, reverse engineer, decompile or disassemble the Besitos API; (g) use any manual or automated software, bots, devices, scripts, robots, or other means to access, “scrape,” “crawl,” or “spider” any web pages or data accessible via the Besitos API; (h) falsely state, impersonate, or otherwise misrepresent any information relevant to Partner’s use of the Besitos API; or (i) access or use the Besitos API for the purposes of benchmarking or for the purposes of competing with Besitos’ business. Partner shall not make any representation or warranty for or on behalf of Besitos as to the Besitos Materials or otherwise.

Notwithstanding anything to the contrary herein, Besitos may prohibit access to (including but not limited to, by suspending Partner’s rights to access) any part of the Besitos API as necessary in Besitos’ sole discretion including, without limitation, (a) to prevent access to any part of Besitos systems or servers that is not in compliance with the terms and conditions of these API Terms; (b) to correct a material error in Besitos API; or (c) to comply with a law, regulation or rule or any ruling of a court or other body of competent jurisdiction.

In addition to any and all other rights to which Besitos may be entitled, Besitos is entitled to an injunction without paying a bond or deposit in the event of any breach or reasonably threatened breach of these API Terms.

Besitos (directly or through one or more representatives of its choice) shall have the right to monitor Partner’s usage of the Besitos API, and, upon reasonable prior notice to Partner, to review and audit all books and records of Partner relating to Partner’s compliance with these API Terms.

Except as expressly provided herein, Besitos grants no rights to Partner or any of its Affiliates in and to any of the Besitos Materials. Besitos owns and shall retain all rights, titles, and interests in and to: (a) the Besitos Materials and all Intellectual Property Rights of Besitos; and (b) all improvements, updates, modifications, or enhancements made to the Besitos Materials, whether or not conceived or made in the course of or as a result of feedback provided by Partner to Besitos hereunder, and of all intellectual property rights therein (collectively, the “Improvements”) made at any time. Partner acknowledges such ownership and Intellectual Property Rights and will not take any action to jeopardize, limit, or interfere in any manner with Besitos’ ownership of or rights with respect to the Besitos Materials. Partner acknowledges that Partner’s contribution in the form of feedback, services, expenditures, logs, or otherwise to the Besitos Materials shall not imply or grant Partner any right, title, or interest in the Besitos Materials.

To the extent Besitos allows Partner, via the Besitos API, to receive User Data, Besitos hereby grants to Partner a limited, revocable, non-exclusive, royalty-free right and license to use the User Data for the sole, internal, purposes of improving the functionality of Partner Site or App(s), the Partner Game Page(s), and improving any other services or products that Partner directly markets or makes available to Users (as defined in the Agreement) to attract new Users and incentivize Users to engage with the Game that is the subject of the User Data as such Game is made available by Besitos via the Besitos API. Partner may not share User Data with any third party. Partner acknowledges and agrees that: (a) no ownership right or title to the User Data is granted or conveyed to Partner by virtue of these API Terms: (b) at all times, Research Partner exclusively owns the User Data and all derivatives thereof; and (c) the Game Data is the Confidential Information of Research Partner. Any violation by Partner of the scope of rights granted in this section shall constitute a material breach of these API Terms and a violation of a third party’s rights including Research Partner's rights. For the avoidance of doubt, all use of User Data by Partner is subject to each relevant Research Partner's approval and permission. Besitos and/or Research Partner may terminate the foregoing license and any other access to User Data immediately upon written notice to Partner. Partner, not Besitos, will be liable to the Research Partner, Sponsor and/or any third party for Partner’s mis- or unauthorized use, or unauthorized disclosure, of User Data, or violation of these API Terms. Partner agrees that Research Partner and Sponsor are intended third-party beneficiaries of these Terms.

Besitos is making the User Data available to Partner solely for the limited and specific purposes described above and Partner shall only use the User Data for such purposes. In no event is Partner permitted to sell, transfer, license, or give away the User Data, use the User Data to compete with Besitos or any Game, use the User Data to promote a Game to which the User Data does not relate, or use the User Data in a manner that adversely affects the Services. With respect to the Game Data, Partner will comply with all applicable federal and state laws, rules, and regulations relating to the privacy and security of the personal data of natural persons (collectively, the “Privacy Laws”), including by providing the same level of privacy protection as required by businesses or controllers under the Privacy Laws. Besitos may take reasonable and appropriate steps to ensure that Partner uses the User Data in a manner consistent with the Privacy Laws and this Addendum and to stop and remediate any unauthorized use of User Data. Partner will cooperate and comply with any requests for information Besitos makes regarding Partner’s use of the Game Data and compliance with this Addendum. Partner will immediately notify Besitos if it makes a determination that it can no longer comply with the foregoing or the Privacy Laws. Partner will also comply with any data subject requests Besitos communicates to Partner, in accordance with the Privacy Laws. Partner agrees to indemnify, defend, and hold harmless Besitos, its Affiliates, and each of their officers, directors, employees, consultants, and agents from any and all damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) incurred by an Indemnified Party in connection with any third-party claims to the extent arising directly and primarily from Partner’s breach of these API Terms.

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These API Terms may be terminated according to the rights and procedures set forth in the Agreement; any termination of the Agreement will result in the immediate termination of these API Terms, except that indemnification and such other terms which by their nature are intended to survive do survive. In addition, Besitos may terminate these API Terms immediately (notice via email is sufficient) if Besitos, in its sole judgment, has reason to believe termination is necessary to mitigate any liability of Besitos or damages or harm to Besitos. In addition to those effects of termination set forth in the Agreement (which also apply in the event these API Terms are terminated), Partner shall immediately delete and destroy all User Data in its possession or control and certify the same to Besitos upon Besitos’ request.
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PARTNER AGREES AND ACKNOWLEDGES THAT THE BESITOS MATERIALS ARE PROVIDED “AS IS” AND "AS AVAILABLE" THAT BESITOS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF TITLE, OF NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. BESITOS IS NOT RESPONSIBLE FOR ERRORS, DELAYS, INTERRUPTIONS OR OMISSIONS IN THE BESITOS API INCLUDING, WITHOUT LIMITATION, FAILURE OR ERRORS IN CONNECTION, OR ANY OF PARTNER’S SOFTWARE OR HARDWARE, GAME DATA IN TRANSIT OR STORAGE OUTSIDE ANY BESITOS SYSTEM, OR OTHER INFORMATION TRANSMITTED BY PARTNER, INCLUDING, WITHOUT LIMITATION, ANY DECISION, RELIANCE, ACTION, OR RESULT BASED THEREON OR RELATING THERETO. PARTNER AGREES AND ACKNOWLEDGES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THIS AGREEMENT ARE FAIR AND REASONABLE.

Neither Party hereto shall be liable for the failure to perform any of its obligations under these API Terms if such failure is caused by the occurrence of any event beyond the reasonable control of such Party, including, without limitation, fire, flood, strikes and other industrial disturbances, failure of raw material suppliers, failure of transport, accidents, wars, riots, insurrections, acts of terrorism, acts of God or orders of governmental agencies. These API Terms, along with the Agreement, constitute the entire agreement between the Parties with respect to the subject matter hereof and supersedes all other agreements or communications, whether written or oral. If any part of these API Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. No waiver of any provision of these API Terms, or any rights or obligations of either Party under these API Terms, shall be effective, except pursuant to a written instrument signed by the Party or Parties waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. These API Terms supplement the Agreement, and the terms of these API Terms control over the Agreement in the event of a conflict.