AV Diamonds Agreement Website Design Development and API Integration

• This API should only be used to display and sell AV Diamonds products on the client’s website.
• This API is only for the specified website URL. If used on any other website, AV Diamonds reserves the right to cancel/terminate the API connection and take necessary legal action against the client.
• API Access will be blocked if the API is accessed from any IP address other than the specified IP address. In-case your server IP address changes or you need to add another IP, then you must inform us so that we can update our system to avoid cancellation or disconnection.

TermsConditions to Access AV Diamonds Inventory API:

1. You may not use the AV Diamonds Inventory APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with AV Diamonds, or (b) you are a person barred from using or receiving the AV Diamonds Inventory API under the applicable laws of the United States or the country in which you are a resident or from which you use the AV Diamonds Inventory APIs.
2.  If you are accessing or using the AV Diamonds Inventory APIs on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).
3. Except in the case of Private API Credentials, in order to access and use the AV Diamonds Inventory API, the Developer must obtain an API Client by registering for a Partner Account and agreeing to and complying with the terms and conditions or other written agreement with AV Diamonds relating to Developer’s access to and use of the AV Diamonds Inventory API and participation in the Partner Program.
4. If you are accessing and using the AV Diamonds Inventory API by Private API Credentials, you may only do so with the express authorization of the account owner for the applicable Merchant Store and only to provide your Application’s service to the Merchant to whom the Private API Credentials relate.
5. Except as permitted herein, (a) you must keep the API Credentials and all login information for your AV Diamonds Account and Partner Account secure, (b) you may not share the API Credentials with any third party, and (c) you will not access the AV Diamonds Inventory API by any means other than the API Credentials you receive. API Credentials are the exclusive property of AV Diamonds, and your access to and use of API Credentials is at AV Diamonds’ sole discretion.
6. You are not permitted to use a service provider in connection with providing your Application’s service unless they sign an agreement with you to (a) protect any Merchant Data received from AV Diamonds (that is at least as protective as AV Diamonds terms and policies), (b) limit their use of Merchant Data solely for the purpose of providing their services to your Application (and not for their own purpose or any other purpose), and (c) keep the Merchant Data secure and confidential. You must ensure that any service provider complies with these Terms and any other applicable AV Diamonds terms and policies, and you acknowledge and agree that any act or omission by a service provider amounting to a breach of these Terms will be deemed to be a breach by you. If requested, you will provide a list of your service providers to AV Diamonds or the Merchant.
7. Access to certain APIs may require a separate written agreement between Developer and AV Diamonds.
8. In case of limited availability of stock, the orders will be served on a first-come-first-serve basis.
9.  Orders received for products that are out of stock will be processed in 15 to 20 days on average, depending on the availability of the products by the manufacturer.
10. Drop-shipping charges are $5 per shipment. Shipping charges will be prefixed based on the courier service used by AV Diamonds. (See table attached). Payment method, credit card needs to be on file.
11. For orders that are not received by the customer when shipped or returned by the customer, the return policy requires the product to be returned to AV Diamonds within 7-10 days in its original condition. In such cases, the amount will be refunded to you as credit in your online account.
12. The standard ring size for men is 10 and women is 7. There will be an extra charge of $25/+-1 size & $12.50/+-.5 size. In case the size is not available, new custom size manufacturing will take up to 20 to 30 working days.
13. If at any time there is a request for a change in keystone price (markup), it will take 4-5 working days for new prices to be reflected on your website.
14. Website design and development, hosting & maintenance plus API with one-year contract packages charges are as follows. a) Standard: $295+tax = $319.33/month (State of Texas: 8.25%) b) Advanced: $395+tax = $427.58/month (State of Texas: 8.25%) c) Premium: $495+tax = $535.83/month (State of Texas: 8.25%)
15. a) There will be a one-time setup fee of $495+ tax = $535.84 (State of Texas: 8.25%) for generating API for a WordPress/WooCommerce-based platform, and a $995+ tax = $1077.09 (State of Texas: 8.25%) charge for a Shopify-based platform. b) There will be a monthly charge of $99+tax= $107.1 (State of Texas: 8.25%) for hosting, monitoring, maintenance & support of AV Diamonds inventory on the client’s website.
16. Once the agreement is signed and processed, it will take 7-10 working days to get all in-stock AV Diamonds inventory live on your website.
17. There is no contract between AV Diamonds and a client. In order to cancel the AV Diamonds API, AV Diamonds needs advance notice of at least 30 days.
18. You can get a full refund within seven days after getting API documentation. After seven days no refund or credit will be issued.

API Restrictions:

1. Only use the AV Diamonds Inventory API to develop and distribute Applications or content for your use or a Merchant’s use with the Services;
2. Restrict disclosure of the API Credentials, or any part thereof, to your agents, employees, or services providers, who must require access to use, maintain, implement, correct or update your Application in accordance with the Terms, and who are subject to confidentiality obligations the same as or greater than those contained herein;
3. Not distribute, sell, lease, rent, lend, transfer, assign or sublicense any rights granted by the Terms to any third party;
4. Not use or access the AV Diamonds Inventory API or the Service in order to monitor the availability, performance, or functionality of the AV Diamonds Inventory API, the Service or any portion thereof or for any similar benchmarking purposes;
5. Not remove or destroy any copyright notices, proprietary markings or confidentiality notices placed upon, contained within or associated with the AV Diamonds Inventory API;
6. Not engage in any activity that interferes with, disrupts, harms, damages, or accesses in an unauthorized manner the servers, security, networks, data, applications or other properties or services of AV Diamonds or any third party;
7. Not circumvent technological measures intended to prevent direct database access, or manufacture tools or products to that effect;
8. Not modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of the AV Diamonds Inventory API, Merchant Data, any Merchant Store, the Services, or any aspect or portion thereof, except to the extent that this restriction is expressly prohibited by applicable law;
9. Not bypass AV Diamonds Inventory API restrictions for any reason, including automating administrative functions of the Merchant Store Admin;
10. Not, except as authorized by AV Diamonds in writing, substantially replicate products or services offered by AV Diamonds Inventory or any AV Diamonds Inventory Related Entity, including the AV Diamonds Inventory API. Subject to the preceding sentence and the parties’ other rights and obligations under the Terms (including confidentiality obligations and any restrictions on the use of Merchant Data), each party agrees that the other party may develop and publish Applications that are similar to or otherwise compete with such party’s Applications;
11. Not develop Applications that excessively burden the AV Diamonds Inventory system, distribute spyware, adware or other commonly objectionable programs;
12. Not develop an Application whose primary purpose is to migrate Merchants off of AV Diamonds;
13. Not access or use the AV Diamonds Inventory API to develop or distribute the Application in any way in furtherance of criminal, fraudulent, or other unlawful activity;
14. Not request more than the minimum amount of data from AV Diamonds Inventory API needed by your Application to provide the Merchant with the intended Application functionality or any data outside any permissions granted by the Merchant;
15. Not falsify or alter any unique identifier in, or assigned to your Application, or otherwise obscure or alter the source of queries coming from an Application; and
16. Not include code in any Application which performs any operations not related to the services provided by the Application, whether or not Developer has obtained Merchant consent to do so, and whether or not the Application obtains consent from the end-user to do so. For the avoidance of doubt, this prohibited activity includes embedding or incorporating code into any Application which utilizes the resources (including CPU resources) of another computer, including for the purposes of cryptocurrency mining.
17. Automatically sync to the Merchant Store Admin the Customer Data set out below that is collected by the Application on the Merchant Store and any updates to such data made by the Application on behalf of the Merchant (“Applicable Customer Data”). The Applicable Customer Data must be synced via the AV Diamonds Inventory APIs Customer resource.