Kushtet e shërbimit të API-t
Last Updated: June 21, 2023
Thank you for using our application programming interfaces, data feeds or other integrations, as described at developer.airbnb.com (collectively, the “API”).
By accepting these API Terms of Service (“API Terms”) you and your organization represent and warrant that: (i) you have provided the legal name of the company or other entity (your “organization”) that will be using the API where requested in the sign-up flow for the API; and (ii) you are authorized to act on behalf of the organization and bind it to these API Terms (“you” and “your” mean your organization or you in your capacity as an authorized representative of your organization). These API Terms are a legally binding agreement between your organization and Airbnb (as defined below), which governs your organization’s access to and use of the API. Capitalized terms used in these API Terms and not defined herein have the meanings given to them in our Terms of Service (“Terms of Service”).
When these API Terms mention “Airbnb,” “we,” “us,” or “our,” as appropriate, it refers to the Airbnb company your organization is contracting with or the Airbnb company that is performing under the API Terms, as described below; except in Section 2.4 (Privacy) and Section 9 (Annex I to the SCCs), where “Airbnb,” “we,” “us,” and “our” refer to Airbnb Ireland, UC.
- If your organization is formed under the laws of the United States of America or one of its states, your organization is contracting with Airbnb, Inc., 888 Brannan Street, 4th Floor, San Francisco, CA 94103, United States.
- If your organization is formed under the laws of any nation, state or territory other than the United States and Brazil, your organization is contracting with Airbnb Ireland UC, 3 Dublin Landings, North Wall Quay, Dublin 1, Ireland.
- If your organization is formed under the laws of the Federative Republic of Brazil, your organization is contracting with Airbnb Plataforma Digital Ltda., Rua Aspicuelta 422, conjunto 51, CEP: 05433-010, São Paulo - SP - Brazil.
Table of Contents
1 API Overview.
2 Use of the API.
3 Intellectual Property and Ownership.
4 Term and Termination.
5 Airbnb Disclaimer.
6 Limitations of Liability; Release and Waiver; Indemnity.
7 Dispute Resolution and Governing Law.
9 EU Standard Contractual Clauses Information.
1. API Overview.
1.1 Overview. We make the API available to facilitate a variety of Host Services and other functionality on or in connection with use of the Airbnb Platform (each an “API Program”). Examples of API Programs include connections to property management, channel management, operations management, connected device, and hospitality providers; the Preferred Software Partner Program; and activity and tour booking management software; to support Host Services and incentivize use of the Airbnb Platform. Through the API, we provide the ability to access, read, modify, write, and otherwise interact with certain types of data (each set of access permissions, a “Scope”). Your organization will have access to Scopes that are appropriate to the API Program in which your organization participates. Your organization is responsible for maintaining, and agrees to maintain, in good working order any application, service, or website it uses to call or otherwise use the API (“API Client”).
1.3 API Programs. If your organization participates in an API Program, it must comply with applicable Program Requirements, which in all cases include: (i) signing Airbnb’s standard mutual nondisclosure agreement; (ii) agreeing to these API Terms; (iii) signing any relevant Partner Specific Terms; (iv) successfully completing Airbnb’s data security review; and (v) implementing all mandatory API features within 6 months of their release. Additional Program Requirements are generally included in the landing pages for their respective API Program, but may also be included in developer.airbnb.com and in communications from Airbnb to your organization or supplemental agreements between Airbnb and your organization (collectively, the “Program Documentation”). Typically, the Scopes available to your organization through the API will be a function of which API Program your organization participates in. Which Scopes are available as part of an API Program or are made available to your organization is determined by Airbnb, and may be changed from time to time, in each case at Airbnb’s sole and absolute discretion without liability to your organization.
1.4 Registration and Airbnb Accounts. Your organization or a Member acting on behalf of your organization must register for and maintain an Airbnb Account to use the API. In addition to that primary Airbnb Account, we may, with your organization’s authorization, enable other Members to administer and use the API on behalf of your organization. Each individual who acts on behalf of your organization with respect to the API must also register for and maintain in good standing an Airbnb Account. Your organization must ensure that any information provided to us as part of registering or administering an Airbnb Account is accurate, complete, and current. All Airbnb Accounts are subject to our Terms of Service.
1.5 Partner Demo Account. Promptly upon our request, your organization will provide us with a free end-user account and log-in information for, and any other resources that might be needed to review, your products or services (“Demo Account”) for as long as you are using our API. This Demo Account must be populated with data (e.g. listings, properties, or experiences) that is representative of data normally used by customers of your product or services. We will use this Demo Account to better understand your end-user customers’ experiences in relation to the Airbnb Services as enabled by the API (e.g. how a new feature released by the API is displayed to your end-user customers).
1.7 Management of the API. Without limiting any other provision of these API Terms, Airbnb has the right, in its sole discretion, to limit or suspend your organization’s access to the API, Scopes, and Content. Your organization agrees to such limitations and will not attempt to circumvent them. Airbnb may provide your organization with URLs that allow its customers or users to complete their transactions without re-entering parameters (“Deep Links”). Airbnb may, in its sole discretion, change the location of Deep Links, with or without notice to your organization. The API may contain or be subject to call, volume, and rate limits, and Airbnb may set call, volume, and rate limits at any time in its sole discretion.
2. Use of the API.
2.1 Permitted Uses of the API. Subject to your organization’s compliance with applicable Program Requirements, these API Terms, and any other applicable terms (as described in Section 1.2), Airbnb grants to your organization a limited, worldwide, royalty-free, revocable, non-transferable, non-sublicensable, non-assignable and non-exclusive license to access and use the API and Scopes or other Content made available to your organization through the API solely for: (i) internal business purposes as necessary to deliver Host Services under the applicable API Program; (ii) the purposes authorized in the applicable Program Documentation; and (iii) the purposes authorized under any Partner Specific Terms (the purposes expressly set out in this Section and included in the Program Documentation and any Partner Specific Terms are collectively the “Permitted Use”). Except for the Permitted Use, nothing in these API Terms grants to you or any third party, by implication or otherwise, any intellectual property rights in or to the API or any Airbnb Content.
2.2 Prohibited Uses of the API.
For clarity, “Airbnb” in this Section 2.2 includes any controlled affiliate of the Airbnb entity with which you’re contracting or which is performing under these API Terms.
Your organization may not:
A. Use the API to scrape, collect, or use the Scopes or any Content made available through the API for purposes of: (i) retaining static copies or building databases; (ii) analyzing, deriving, or optimizing any demographic, pricing, financial, or other data; or (iii) copying, modifying, or creating derivative works of any Scopes or Content.
B. Use the API to identify, exploit, or publicly disclose any potential security vulnerabilities.
C. Use the API in a manner, or submit Content, that disparages, or in a way that is reasonably likely to allow others to disparage, Airbnb or its Members.
D. Use the API in any manner or for any purpose that violates any law or regulation, or any right of any person, including intellectual property rights, rights of privacy, and rights of publicity.
E. Except to the extent any Partner Specific Terms provide to the contrary, rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available to any third party the API, Content, Scopes, or access thereto or access codes therefor to any third party.
F. Except to the extent any Partner Specific Terms provide to the contrary, derive income from the use or provision of the API (or from the use, analysis, or provision of the Scopes or Content accessible through the API), whether for direct commercial or monetary gain or otherwise.
G. Use the API in a manner that: (i) exceeds API call or other volume or use limitations; (ii) constitutes excessive or abusive usage; or (iii) otherwise fails to comply or is inconsistent with these API Terms, the Program Documentation, or any additional applicable terms (as described in Section 1.2). For clarity, any Airbnb application program interface that is not listed on developer.airbnb.com is undocumented and may not be used; any use of such undocumented application program interface is a breach of these API Terms.
H. Interfere with or disrupt the API or Airbnb Platform or the servers or networks providing the API or Airbnb Platform.
I. Except to the extent any Partner Specific Terms provide to the contrary, use or access the API in a product or service that competes with or provides similar features or functionalities as any API Program, Host Services, or products, services, or functionalities offered by Airbnb.
J. Use the API to promote or facilitate: (i) unsolicited mass distribution of email (“spam”); or (ii) except as otherwise authorized by the Program Documentation or any Partner Specific Terms, commercial messages, advertisements, or services to Members.
K. Reverse engineer, disassemble, decompile, or otherwise attempt to extract or gain access to the source code from the API, Airbnb Platform, or related software.
L. Collect from the API, or use if obtained from the API, any information or Content associated with users under age 18.
M. Use the API, Scopes, or Content other than for the Permitted Use.
N. Intercept, redirect, or add any interstitial content or frame to any Airbnb page that a user would otherwise reach by clicking a Deep Link.
O. Crawl or index any page on Airbnb in a way that is prohibited by any of the applicable terms (as described in Section 1.2), or otherwise bypass or circumvent other measures employed to prevent or limit access to the API. Accessing any of the “disallowed” pages from https://www.airbnb.com/robots.txt is an act of disallowed crawling.
P. Use, promote, or register any name or brand using “Airbnb” or “HotelTonight,” any other Airbnb or HotelTonight trademarks or brand features, or any misspelling or alteration thereof, whether as a trademark, company name, business name, domain name, or social media account name.
Q. Use the API in a manner, or submit Content, that is fraudulent, false, misleading (directly or by omission or failure to update information), or deceptive.
R. Use the API in a manner, or submit Content, that is defamatory, libelous, obscene, pornographic, vulgar, or offensive, or that promotes or deals in prostitution.
S. Use the API in a manner, or submit Content, that promotes, facilitates, or enables discrimination, racism, hatred, harassment, abuse, stalking, threats, or harm against any individual or group, including hate materials or materials urging acts of terrorism, human suffering, or violence.
T. Use the API in a manner, or submit Content, that promotes or deals in illegal or harmful activities or substances. This includes bypassing copyright protection, counterfeit, stolen, or recalled goods, goods made from protected species, items subject to US embargo, fireworks, hazardous materials, cigarettes, illegal drugs, unlicensed sale of prescription drugs or medical devices, gambling, and government-regulated professional services.
U. Use the API in a manner, or submit Content, that violates Airbnb’s Content Policy or any other Airbnb policy.
V. Use the API in a manner that: (i) rebrands or repackages Content accessed through the API; (ii) generates platform-wide statistics or data; (iii) generates platform-wide comparisons or summaries of booking, pricing, or other usage data, each as determined by Airbnb in its sole discretion; or (iv) otherwise use, copy, display, mirror, or frame any part of the Services.
W. Use the API in connection with or to promote or introduce any products, services, or materials that constitute, promote, or are used for the purpose of dealing in: spyware, adware, or other malicious programs or code, any hacking, surveillance, interception, or descrambling equipment, government IDs, police items, money transfers, person-to-person payments or extensions of credit, weapons and accessories, play-to-click or pay-to-read services.
X. Except as expressly authorized by any Partner Specific Terms, use the API to facilitate, accept, or in any way process or facilitate the processing of payments in relation to the Airbnb Platform or for its Members.
Y. Use or transfer any data accessed or obtained using the API, including any data aggregated, anonymized, or derived from that data, for advertising or marketing purposes, including targeting or serving ads, without consent of Airbnb.
2.3 Data Security.
A. Security Program. Your organization must maintain industry-standard or better administrative, physical, and technical safeguards to protect the privacy, security, confidentiality, and integrity of any Scopes or Content accessed by your organization.
B. Assessments, Monitoring and Remediation. Your organization must submit to reasonable data security and privacy compliance assessments by Airbnb or, at Airbnb’s request and expense, by an independent third party, to verify compliance with these API Terms and any other applicable terms (as described in Section 1.2). Airbnb may require, at its sole discretion and in light of your organization’s use of the API and the Scopes and Content accessed by your organization, that your organization make adjustments or improvements to its data security or privacy programs, standards, or processes as a condition to using or continuing to use the API. By using the API, your organization agrees and consents to monitoring by Airbnb, at its sole discretion, of whether your organization’s use of the API, Personal Data, Scopes and Content, is in compliance with these API Terms and any other applicable terms (as described in Section 1.2). In doing so, Airbnb may access and use your organization’s API Client, for example to identify security issues that could affect Airbnb or its users. Airbnb may suspend access to the API by your organization or its API Client without notice if we reasonably believe that your organization is in violation of applicable terms or domestic or international laws.
C. Minimum Security Requirements. At a minimum, your organization must maintain the following basic security measures (subject to additional security requirements depending on your organization’s Scopes and API Programs): (i) your organization must ensure that its personnel use multi-factor authentication to access the API Client, Scopes and Content, and the API; (ii) your organization must ensure that its personnel and API Client employ industry-standard or better security vulnerability practices, such as testing against the then-current OWASP Top 10 Vulnerabilities; (iii) your organization must limit access to and administrative privileges for the API Client, Scopes and Content, and the API, to job functions that require access or privileges, and access and privilege levels must be configured to allow the minimum access reasonably sufficient to enable that job function; (iv) your organization must proactively update and deploy patches for any software and tools used in or in connection with the API Client, Scopes and Content, and the API; (v) your organization must regularly (at least quarterly) scan its technology infrastructure and applications for vulnerabilities; (vi) your organization must regularly conduct security reviews and risk assessments of its own practices as well as those of vendors it uses in connection with the API to ensure the use of industry-standard or better administrative, physical, and technical safeguards consistent with these API Terms; (vii) your organization must ensure that all end user connections are conducted over HTTPS (not HTTP) and employ cipher suites that are known to be cryptographically sound; and (viii) your organization must ensure that all systems used to access Scopes or Content, or that are used in connection with the API (including the API Client): (a) are password protected and require multi-factor authentication; (b) do not allow the use of shared passwords; (c) are encrypted using industry-standard or better encryption (e.g. BitLocker or FileVault); and (d) are monitored using industry-standard or better anti-malware software. Your organization must ensure that the API Client, and any other technology or materials that interface with the API or the Airbnb Platform, are checked with internet industry-standard up-to-date antivirus, anti-Trojan and anti-worm software, and determined to be virus-free, Trojan-free and worm-free. Any data, software, or Content you or your organization provides to Airbnb or that you or your organization causes to interface with the API or the Airbnb Platform must not contain harmful scripts or code.
D. Security Patch Management. Consistent with industry-standard or better practices, your organization will maintain, patch, and remediate all systems, devices, firmware, operating systems, applications, and other software that process Content or Personal Data. Such patch service level timelines must meet or exceed the following for resolution of the relevant issue: (i) critical (7 days); (ii) high (30 days); (iii) medium (90 days); or (iv) low (180 days).
E. Security Incident—Definition. A “Security Incident” is any event that could negatively impact the security of any Scopes or Content, including any: (i) unauthorized access (or attempt to access), use, disclosure, modification, or destruction of Scopes, Content, or Personal Data (including Personal Data processed by a third party on your organization’s behalf); (ii) act that violates any law or any security policy of Airbnb or your organization; (iii) unplanned service disruption that prevents the normal operation of your API Client or the Airbnb Services; or (iv) unauthorized access or attempt to access your organization’s or Airbnb’s applications or systems.
F. Security Incident—Response and Reporting. If your organization detects or suspects a Security Incident, your organization must:
(i) Notify Airbnb’s IT Security Representative by emailing firstname.lastname@example.org immediately and no later than within one (1) hour after your organization becomes aware of a Security Incident involving: (a) regulated data (Protected Health Information (PHI), Personal Card Data (PCI), information subject to Sarbanes-Oxley internal controls requirements, etc.), Airbnb Account credentials, API access codes, Scopes or Content; or (b) law enforcement or a regulatory body to the extent permitted by applicable law. For other Security Incidents, notify Airbnb’s IT Security Representative by emailing email@example.com within twenty-four (24) hours. If the Security Incident involves Personal Data received under these API Terms, your organization must also immediately notify all affected third party controllers of such Personal Data (“Third-Party Controllers”) of such Security Incident, with a copy of such notification to firstname.lastname@example.org.
(ii) Immediately perform such Security Incident response activities as may be reasonably requested by Airbnb, including: responding and investigating; collecting, analyzing and preserving evidence; and containing, remediating, recovering, and mitigating adverse impacts.
(iii) If requested by Airbnb, prepare and deliver to Airbnb within five (5) business days of the Security Incident a root cause report that describes in detail: (i) the nature and extent of the Security Incident; (ii) the Scopes or Content affected; (iii) all supporting evidence, including system, network, and application logs related to the Security Incident; (iv) all investigative, corrective, and remedial actions completed, and planned actions and the dates that such actions will be completed; (v) all efforts taken to mitigate the risks of further Security Incidents; and (vi) an assessment of the security impact to Airbnb. Upon Airbnb’s request, your organization shall provide Airbnb with immediate and ongoing access to all meetings, reports, copies of all logs and data, and other information that has a nexus to Security Incidents impacting Airbnb.
(i) “Applicable Privacy Law” means applicable data protection laws, including European Union Regulation (EU) 2016/679 (“GDPR” or “Regulation”), Privacy and Electronic Communications Directive 2002/58/EC (“ePrivacy Directive”), any national laws or regulations implementing the foregoing ePrivacy Directive or Regulation, the data protection and information privacy Laws of Brazil (“LGPD” - Law n. 13.709/2018) and Brazilian Internet Regulation (MCI – Marco Civil da Internet – Law n. 12.965/2014), and any other applicable data protection, privacy or data security laws or regulations in the United States of America (including the California Consumer Privacy Act (the “CCPA”)) United Kingdom, Switzerland, or any other applicable jurisdiction and any amendments to or replacements for any of the foregoing laws and regulations.
(ii) “Personal Data” means any information about an identified or identifiable person, including any information deemed “personal information” or “personal data” under Applicable Privacy Law.
(iii) The terms “process,” “controller,” “processor,” “supervisory authorities,” “data protection impact assessments,” “transfer,” “Standard Contractual Clauses,” and “data subject” have the same definitions as in Applicable Privacy Law.
B. Status as Controller. Unless the applicable Partner Specific Terms provide to the contrary, your organization is the separate controller of any Personal Data made available to your organization through the API. As a controller of that Personal Data, your organization is responsible for complying with, and for ensuring your organization’s third-party service providers comply with, any and all obligations under Applicable Privacy Law, subject to the obligations in this Section 2.4. As a controller, Airbnb is also responsible for compliance with Applicable Privacy Law in respect of its use of Personal Data in connection with this agreement. Your organization is responsible and liable for any claims, losses, expenses, costs or damages arising from, or based on, a purported or actual failure of your organization (and, consistent with Applicable Privacy Law, its processors) to comply with Applicable Privacy Law.
C. Permitted Use of Personal Data. With respect to Personal Data we make available to your organization through the API: (i) your organization must not use Personal Data for any purpose other than the Permitted Use; (ii) if your organization uses the API to access the Airbnb Platform or provide Host Services on the Airbnb Platform, your organization’s use of Personal Data must comply with our Terms of Service and other terms discussed in Section 1.2; (iii) where a Member has authorized your organization to use his or her Personal Data, your organization must use that Personal Data consistent with and only to the extent of such authorization (it being understood that all data privacy and usage limitations in these API Terms, and any other applicable terms (as described in Section 1.2), apply equally to equivalent data collected separately under the terms of any such contract); (iv) your organization must comply with its obligations under Applicable Privacy Law relating to the use, disclosure, storage or other operations with respect to Personal Data; (v) your organization shall not “sell” or “share” the Personal Data of California residents within the meaning of the CCPA; and (vi) your organization must notify Airbnb if your organization determines that it cannot provide the level of protection required under these API Terms. If your organization notifies Airbnb that it cannot provide the required level of protection, Airbnb has the right to terminate your organization’s use of the API without cost or liability, and your organization must cease using Personal Data made available through the API or take other reasonable and appropriate steps to remediate the situation as directed by Airbnb.
D. Disclosures. Your organization authorizes Airbnb to disclose your organization’s receipt of Personal Data and the purposes for which Airbnb has provided such Personal Data. If Airbnb notifies your organization that any person identified or identifiable by Personal Data has requested to opt out of disclosure or use of such Personal Data, your organization must comply with Airbnb’s instructions regarding the cessation of use, disclosure, storage, deletion, or other operations with respect to such Personal Data. Your organization authorizes Airbnb to provide the text of any privacy related sections of these API Terms (or any other terms incorporated herein) to any applicable governmental entity, including the United States Department of Commerce.
E. Assistance. Your organization agrees to provide any assistance reasonably requested by Airbnb for the purpose of Airbnb’s compliance with, or otherwise in connection with, Applicable Privacy Laws. Such assistance may include updating, returning or deleting Personal Data upon Airbnb’s request if Airbnb reasonably suspects a breach of these API Terms.
F. Third-Party Controllers. For clarity, this Section 2.4(F) does not apply to your organization to the extent you are using the API as a professional hospitality provider.
(i) If Airbnb receives instruction from one or more Third Party Controllers or applicable data subjects to cease providing some or all Personal Data to your organization, Airbnb may act on such instruction without liability to your organization.
(ii) If your organization receives a lawful instruction from one or more Third Party Controller or applicable data subject to take action with respect to Personal Data provided by Airbnb to your organization at the direction of such Third Party Controller or data subject, your organization may act on such instruction. Upon request, your organization must provide appropriate evidence of any Third Party Controller or applicable data subject instruction to Airbnb.
(iii) With respect to Personal Data provided to your organization by Third Party Controllers, your organization represents and warrants that it shall: (i) use and process such Personal Data solely as authorized by the relevant Third Party Controller under the applicable contract with such Third Party Controller; (ii) use and process such Personal Data solely in accordance with Applicable Privacy Laws; (iii) unless expressly permitted in the contract with such Third Party Controller, not transfer such Personal Data to any third party without such Third Party Controller’s prior written consent; and (iv) implement and maintain adequate and appropriate administrative, technical, and physical measures that protect the security, integrity, confidentiality, and availability of such Personal Data, consistent with the terms of the contract with such Third Party Controller.
(iv) In the event that your organization’s obligations under these API Terms regarding the cessation of use, disclosure, storage, or other operations with respect to Personal Data, conflict with lawful instructions from a Third Party Controller regarding the same Personal Data, your organization will be entitled to follow the instructions of the Third Party Controller so long as it also provides prompt written notice of the conflict to Airbnb.
H. Cross-Border Transfers. Transfers from the EEA, UK, or Switzerland. Transfers of Personal Information from a Airbnb entity located in a Member State of the European Economic Area, Switzerland, or the UK (“EEA” or “Similar Country”) to your organization in a location other than the EEA or Similar Country, will be governed by the EU Standard Contractual Clauses, Module One (Controller to Controller) (“SCCs”), which are hereby incorporated. As to the SCCs, your organization and Airbnb agree that:
(i) with respect to Clause 17, the governing law shall be the law of Ireland;
(ii) with respect to Clause 18, the courts of Ireland shall have jurisdiction;
(iii) Section 9 of these API Terms serves as Annex I of the SCCs; and
(iv) Section 2.3 of these API Terms serves as Annex II of the SCCs.
I. Data Retention and Deletion. Your organization will retain Personal Data only during the term of the agreement created by these API Terms, solely to the extent necessary for your organization to perform its obligations under this agreement. Without limiting its obligations under any confidentiality agreement between your organization and Airbnb, your organization will, as appropriate and as directed by Airbnb, regularly delete Personal Data that your organization maintains, possesses, or controls, but that is no longer necessary to perform its obligations under this agreement. Your organization will provide Airbnb with reasonable prior notice of such deletions. Upon the termination of the agreement created by these API Terms, your organization will: (i) notify Airbnb seven (7) days before the disposal of Personal Data that it will dispose of Personal Data in accordance with this agreement; (ii) promptly destroy or return (in each case within thirty (30) days of termination of this agreement) all Personal Data in your organization’s possession, power, or control, in a manner and format reasonably requested by Airbnb; and (iii) delete existing copies of Personal Data (except to the extent applicable law requires storage of the Personal Data, in which case your organization will notify Airbnb of such law). Upon Airbnb’s request, your organization will provide a written certification that all Personal Data has been returned or securely destroyed.
J. Survival. The obligations contained in this Section 2.4 survive any termination of these API Terms for so long as your organization has custody, control or possession of Personal Data made available to your organization by Airbnb.
2.5 Confidential Information.
A. Confidential Information. “Confidential Information” means all information of a disclosing party that is marked as confidential or proprietary or which would reasonably be considered confidential or proprietary to such party, excluding information that: (i) is publicly known through no fault of the receiving party; (ii) was already known to the receiving party without confidentiality obligations; or (iii) was independently developed by the receiving party. Airbnb’s Confidential Information includes product plans and pricing, marketing plans and insights, customer lists, reports and analytics, business strategies, beta products, forecasts, Feedback, and trade secrets. Your organization and Airbnb will keep each other’s Confidential Information confidential and not use or disclose such Confidential Information (including through press releases or other publicity events or publications) except to the extent necessary to perform the services under these API Terms. For clarity, if your organization and Airbnb execute a nondisclosure or other agreement with confidentiality terms governing your use of the API, such other agreement’s confidentiality terms control over this Section 2.5.
B. Member Content. If your organization obtains or accesses non-public Member Content through the API, your organization must not expose such Content to its users, customers, or any other third party without the prior, explicit, written opt-in consent from such Member.
C. Survival. This Section 2.5 will survive any termination of these API Terms.
3. Intellectual Property and Ownership.
3.1 Ownership. Your organization acknowledges and agrees that the API, the Airbnb Platform, and any Content made available through the API, including all associated intellectual property rights, including trademark and trade dress, whether registered or unregistered, design patents, utility patents, and copyright registrations, are the exclusive property of Airbnb or its licensors or authorizing third-parties, and no license beyond that granted to your organization under Section 2.1 is granted or implied by your organization’s use of the API, Airbnb Platform, or Content. Your organization also acknowledges and agrees that Airbnb hosts the Content appearing on the Airbnb Platform and that nothing provided in these API Terms will be deemed to create or imply that Airbnb owns or creates, in whole or part, any third party Content that may appear pursuant to a license on the Airbnb Platform or through the API. Any Content created by a third party (such as Member Content) is the sole responsibility of that third party. Your organization may not, and agrees that it will not, remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the API, the Airbnb Platform, the Scopes, or any Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Airbnb used on or in connection with the API, Airbnb Platform, Scopes, or Content are trademarks or registered trademarks of Airbnb in the United States and abroad. Trademarks, service marks, logos, trade dress, trade names, and any other proprietary designations of third parties used on or in connection with the API, the Airbnb Platform, Scopes, and Content are used for identification purposes only and may be the property of their respective owners. This Section 3.1 will survive any termination of these API Terms.
3.2 Airbnb Assistance. Any advice, consultation, services, code, software, or other technology (“Airbnb Assistance”) that we provide or make available to your organization in connection with its use of the API, or related to its API Client, is provided “as is” without warranties of any kind, and subject to the disclaimer in Section 5. Your organization may only use Airbnb Assistance for the Permitted Use (consistent with Section 2), and must terminate that use if it ceases to use the API (as provided under Section 4).
3.3 Your Organization’s Content. Your organization is solely responsible for all information and Content that it makes available through or submits using the API. Accordingly, your organization represents and warrants that: (i) it is the sole and exclusive owner of such Content or has all necessary rights, licenses, consents, and releases to grant to Airbnb the rights in and to such Content; and (ii) neither your organization’s Content nor its posting, uploading, publication, submission, or transmittal of such Content, nor Airbnb’s use of the Content (or any portion thereof), will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
3.4 Your Organization’s Trademarks. Except where the Partner Specific Terms provide to the contrary, your organization hereby grants to Airbnb and its controlled affiliates a worldwide, royalty-free, non-exclusive license to use your organization’s name, logo, trademarks, trade dress, branding elements, and other relevant materials to identify your organization in the Airbnb Platform and applicable Program Documentation. For example, we may include your organization’s name and logo in Listings that your organization creates or manages using the API.
3.5 Airbnb’s Trademarks. Except to the extent the Program Documentation or any Partner Specific Terms provide to the contrary, your organization may not use Airbnb’s name, trade names, trademarks, service marks, logos, trade dress, domain names, or other distinctive brand features (the “Brand Features”) in the API Client, in connection with its use of the API, in violation of the Trademark Guidelines, or otherwise, without the prior, express written consent of Airbnb. If Airbnb consents to any such use: (i) such use must comply with Airbnb’s brand guidelines; (ii) such use is only permitted for your organization, and not for any of your affiliates; and (iii) Airbnb may at any time revoke such consent for noncompliance with the brand guidelines. To the maximum extent permitted by applicable law, your organization agrees not to challenge (or assist others to challenge) any trademark, logo, domain name, or brand feature or material of Airbnb, or the registration thereof by Airbnb, nor to attempt to register any brand features (including domain names) that are confusingly similar to those of Airbnb in any way (including appearance, spelling, or sound).
3.6 Open Source Software. Some of the software required by or included in the API may be offered under an open source license. There may be provisions in the open source license that expressly override some of these terms; and in those cases, the overriding provisions apply.
3.7 Takedown Requests. Upon request by Airbnb, your organization must immediately remove any individual item of Content from its API Client. Without limiting the foregoing, your organization agrees to comply in all respects with the U.S. Digital Millennium Copyright Act (“DMCA”) (see, e.g., 17 U.S.C. § 512) in response to requests from Airbnb or from any eligible third party, and must maintain a fully compliant DMCA takedown procedure applicable to, and accessible on, the API Client. If your organization has customers or users in, or otherwise targets, any part of the European Union, your organization must maintain a notice-and-takedown program compliant with the laws and regulations of the European Union and its member states. If your organization has customers or users in, or otherwise targets, any other jurisdiction, it must maintain a notice-and-takedown program compliant with that jurisdiction’s laws and regulations.
3.8 Airbnb Products and Services. In no event will Airbnb be precluded from discussing, reviewing, developing for itself, having developed, acquiring, licensing, or developing for third parties, or marketing and distributing, materials, applications, products, or services that are competitive with any API Client or other products or services provided by your organization, irrespective of their similarity to the API Client, your organization’s products or services, or products or services that may be developed in the future.
3.9 Feedback. If your organization provides any bug reports, enhancement requests, suggestions, or other comments (collectively, “Feedback”) to Airbnb, you hereby grant Airbnb and its controlled affiliates an exclusive, worldwide, sublicensable, perpetual, royalty-free, irrevocable license in and to such Feedback, and Airbnb and its controlled affiliates will be free to use such Feedback for any purpose.
4. Term and Termination.
4.1 Term and Termination. The agreement created by these API Terms (as supplemented by any Partner Specific Terms) between your organization and Airbnb will remain in force until it is terminated by Airbnb or your organization. Your organization may terminate this agreement between your organization and Airbnb, and your organization’s use of the API (and any API Programs in which it participates), by providing us with notice no later than sixty (60) days prior to the desired effective date of termination. Your organization must deliver any termination notice to email@example.com in order for the termination to have effect. Airbnb may suspend your organization’s access to or use of the API, discontinue the API or any portion or feature thereof, or terminate these API Terms or any API Programs, in each case in general or solely as between Airbnb and your organization, at any time, for any reason, without liability or other obligation to any party, you, or your organization. Airbnb will use commercially reasonable efforts to notify your organization of any suspension or termination of your organization’s use of the API by delivering notice to any email address provided to us in connection with your organization’s use of the API. If your organization has entered into Partner Specific Terms, such terms may also require or permit that your organization, or that we, terminate your organization’s use of the API under certain additional circumstances.
4.2 Effect of Termination. Upon any termination of your organization’s use of the API, your organization agrees to destroy or delete, within thirty (30) days of the effective date of termination, all Personal Data, Scopes, and Content (other than Content owned by your organization) obtained using the API that your organization has in its possession or under its control. Any Section that provides that it survives termination of these API Terms shall survive termination as stated in such section. This Section 4.2 will survive any termination of these API Terms.
5. AIRBNB DISCLAIMER.
YOUR ORGANIZATION AGREES THAT AIRBNB MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR OPERATION OF THE API OR ANY API PROGRAM, THE AIRBNB PLATFORM, THE SITE, THE APPLICATION, OR THE SERVICES. THE API AND ANY API PROGRAM, THEIR FEATURES, AND ANY ASSOCIATED MATERIALS AND SERVICES ARE OFFERED AND DELIVERED “AS-IS” WITHOUT WARRANTIES OF ANY KIND. AIRBNB DOES NOT WARRANT THAT THE API OR ANY API PROGRAM, THE AIRBNB PLATFORM, THE SITE, THE APPLICATION, THE SERVICES, OR ASSOCIATED FEATURES OR MATERIALS WILL MEET YOUR ORGANIZATION’S REQUIREMENTS, OR THAT THEIR OPERATION OR USE WILL BE UNINTERRUPTED, ERROR-FREE, OR WILL APPEAR AS DESCRIBED IN ANY DOCUMENTATION. AIRBNB AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THIS ARTICLE 5 WILL SURVIVE ANY TERMINATION OF THESE API TERMS.
6. LIMITATIONS OF LIABILITY; RELEASE AND WAIVER; INDEMNITY.
6.1 DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIRBNB SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOUR ORGANIZATION OR AIRBNB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THE API TERMS OR PARTNER SPECIFIC TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
6.2 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIRBNB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE API TERMS, OR WITH YOUR ORGANIZATION’S USE OF THE API OR PARTICIPATION IN ANY API PROGRAM, EXCEED $1,000 U.S. DOLLARS.
6.3 EXCLUSIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGE. IN SUCH CASES, THE LIMITATIONS OF THIS ARTICLE 6 APPLY TO YOUR ORGANIZATION ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
6.4 RELEASE AND WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR ORGANIZATION HEREBY RELEASES AND WAIVES ALL CLAIMS AGAINST AIRBNB, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, LICENSORS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES FROM ANY AND ALL LIABILITY FOR CLAIMS, DAMAGES (ACTUAL AND CONSEQUENTIAL), COSTS, AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE, ARISING FROM OR IN ANY WAY RELATED TO YOUR ORGANIZATION’S USE OF THE API. YOUR ORGANIZATION UNDERSTANDS THAT ANY FACT RELATING TO ANY MATTER COVERED BY THIS RELEASE MAY BE FOUND TO BE OTHER THAN NOW BELIEVED TO BE TRUE, AND IT ACCEPTS AND ASSUMES THE RISK OF SUCH POSSIBLE DIFFERENCES IN FACT. IN ADDITION, YOUR ORGANIZATION EXPRESSLY WAIVES AND RELINQUISHES ANY AND ALL RIGHTS AND BENEFITS WHICH IT MAY HAVE UNDER ANY OTHER STATE OR FEDERAL STATUTE OR COMMON LAW THAT MAY RELATE TO WAIVER OF UNKNOWN CLAIMS, INCLUDING CALIFORNIA CIVIL CODE SECTION 1542 (WHICH PROVIDES THAT “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”) OR SIMILAR LAW OF ANY JURISDICTION.
6.5 INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR ORGANIZATION AGREES TO HOLD HARMLESS, INDEMNIFY, AND (AT AIRBNB’S OPTION) DEFEND AIRBNB AND ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, AGENTS, LICENSORS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES FROM AND AGAINST ANY CLAIM ARISING FROM OR IN ANY WAY RELATED TO YOUR ORGANIZATION’S OPERATIONS OR ITS USE OF THE API (INCLUDING OPERATION OF ITS API CLIENT, ANY VIOLATION OF SECTION 2.2, ITS HANDLING OR USE OF CONFIDENTIAL INFORMATION AND PERSONAL DATA, AND ANY INCIDENT OR SECURITY BREACH INVOLVING YOUR ORGANIZATION OR ITS VENDORS OR PARTNERS), INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS, AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE. AIRBNB WILL USE GOOD FAITH EFFORTS TO PROVIDE YOUR ORGANIZATION WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT, OR ACTION. THIS ARTICLE 6 WILL SURVIVE ANY TERMINATION OF THESE API TERMS.
7. Dispute Resolution and Governing Law.
7.1 Overview. This Article provides the process for resolving any controversy, claim, or dispute arising out of or relating to your organization’s use of the API, or breach by either party of these API Terms (each a “Dispute”). This Article 7 also provides which jurisdiction’s laws govern these API Terms.
7.2 Negotiation. Upon written notice of a Dispute, your organization and Airbnb shall make reasonably available personnel with appropriate authority to negotiate and attempt to resolve the Dispute. Negotiation may be done remotely or at a mutually acceptable location in the venue specified below. If the Dispute has not been resolved within ten (10) business days following the original notice, unless a different period for negotiation has been agreed to by the parties, then either party may proceed with the Dispute according to the process set forth below.
7.3 US Process. If your organization is formed under the laws of the United States, these API Terms will be interpreted in accordance with the laws of California, without regard to conflict-of-laws principles. Any judicial proceedings that are excluded from arbitration under this Section must be brought in state or federal court in San Francisco, California. Your organization and Airbnb both consent to exclusive venue and personal jurisdiction in San Francisco, California. Any arbitration will be administered by JAMS in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction of such Dispute. The parties acknowledge that these API Terms evidence a transaction involving interstate commerce and notwithstanding the provision above with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). The parties understand that arbitration is final and binding and that, except as set forth below, they are waiving their rights to a jury trial and to other resolution processes (such as court action or administrative proceeding).
7.4 Brazil Process. If your organization is formed under the laws of the Federal Republic of Brazil, these API Terms will be interpreted in accordance with said laws of the Federative Republic of Brazil, without regard to conflict-of-laws principles. Legal proceedings that your organization is able to bring against us arising from or in connection with these API Terms may only be brought in a court located in Brazil.
7.5 Other Jurisdictions Process. If your organization is formed under the laws of any nation, state, or territory other than the United States of America or Brazil, these API Terms will be interpreted in accordance with Irish law, without regard to conflict-of-laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) is excluded. Any Dispute not resolved by informal negotiations as provided above will be submitted to the exclusive jurisdiction of the Irish courts and any proceedings that your organization brings against us arising from or in connection with these API Terms may only be brought in a court located in Ireland.
7.6 Process for Protection of Airbnb Intellectual Property. With respect to any Dispute involving Airbnb’s intellectual property rights or Airbnb’s confidential information, Airbnb will be entitled to bring an action in a court of competent jurisdiction (which jurisdiction shall be exclusive), including an action seeking specific performance, an injunction or other equitable forms of relief. The courts and venue for any such judicial proceeding will be as specified above. This Article 7 will survive any termination of these API Terms.
8.1 Assignment. Your organization may not assign or transfer these API Terms, whether by operation of law, change of control, merger, asset sale, or otherwise, without Airbnb’s prior written consent. Any attempt by your organization to assign or transfer these API Terms without such consent, will be null, void, and of no effect. Airbnb may assign or transfer these API Terms, and any of its rights and obligations under these API Terms, at its sole discretion, without restriction. Subject to the foregoing, these API Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
8.2 Affiliates and Vendors; No Third Party Beneficiaries. Your organization acknowledges and agrees that it is responsible and liable for any act or omission of its affiliates (e.g. subsidiaries and parent companies), vendors, agents, contractors, employees, and personnel in connection with the API and these API Terms and is responsible for ensuring its affiliates, vendors, agents, contractors, employees, and personnel comply with these API Terms. These API Terms do not and are not intended to confer any rights or remedies upon any person other than Airbnb and your organization.
8.3 Force Majeure. Airbnb will not have any liability under these API Terms by reason of any failure or delay in the performance of its obligations in connection with strikes, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, electrical outages, war, or any cause that is similarly beyond its reasonable control.
8.4 Notices. Any notices or other communications permitted or required hereunder will be in writing. Notices and communications: (i) from Airbnb may be delivered via email (to any address that your organization provides) or by posting a notice through the API or any API Program; and (ii) from your organization may be delivered via email to firstname.lastname@example.org.
8.5 Entire Agreement. These API Terms (together with any terms incorporated under Section 1.2) constitute the entire and exclusive understanding and agreement between Airbnb and your organization regarding the API and participation in any API Program, and these API Terms supersede and replace any and all prior oral or written understandings or agreements pertaining to the API or any API Program.
8.6 Compliance with Laws. Your organization warrants that its activities and use of the API do, and shall for the term, comply with all applicable laws, including data protection and privacy laws; employment, tax, immigration, benefits, and workers compensation laws; international anti-corruption laws (including the Foreign Corrupt Practices Act 15 U.S.C. § 78dd-1, et seq. and the United Kingdom Bribery Act 2010); and U.S. and other applicable anti-boycott, export control, sanctions, customs, and shipping laws and regulations.
8.7 General. The failure of Airbnb to enforce any right or provision of these API Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Airbnb. Except as expressly stated in these API Terms, the exercise by either party of any of its remedies under these API Terms will be without prejudice to its other remedies under these API Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these API Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these API Terms will remain in full force and effect. Nothing in these API Terms creates or implies an agency relationship, joint venture, or partnership between Airbnb and your organization.
8.8 Survival. This Article 8 will survive any termination of these API Terms.
9. EU Standard Contractual Clauses Information.
Annex I to the Standard Contractual Clauses (Controller to Controller)
A. List of the Parties to the SCCs
Data Exporter: Airbnb Ireland, UC
Address: 3 Dublin Landings, North Wall Quay, Dublin 1
Contact: Data Protection Officer, DPO@airbnb.com
Role: Data Controller
Data Importer: your organization
Address: as indicated by your organization when you accept these API Terms
Contact: as indicated by your organization when you accept these API Terms
Role: Data Processor of Third Party Controllers
B. Description of the Transfer
- Categories of Data Subjects
The personal data transferred concern the following categories of data subjects:
- Nature of the Processing
Collection, recording, organizing, structuring, storing, use, disclosure, dissemination in accordance with the terms of the agreement created by the API Terms (as may be modified by any Partner Specific Terms)
- Frequency of Transfer
Continuous as required to create and manage listings and facilitate booking
- Period for which the Personal Data Will Be Retained
Term of the agreement created by the API Terms (as may be modified by any Partner Specific Terms)
- Purpose of the transfer(s)
The transfer is made for the following purposes:
To create and manage listings, to facilitate bookings on Airbnb platform and support host management services
- Categories of Personal Data Transferred
The personal data transferred concern the following categories of data:
For hosts, elements of the listing and booking details, including names, contact information, dates, property or activity location, unique Airbnb ID, etc.
For guests, elements of the booking, including names, contact information, dates, unique Airbnb ID, etc.
- Sensitive data (if appropriate)
The personal data transferred concern the following categories of sensitive data:
C. Competent Supervisory Authority
Data Protection Commission of Ireland
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