Flock API and Integrations Policy

FLOCK API AND INTEGRATIONS POLICY

Last updated: June 21, 2024

This Flock API and Integrations Policy (“Terms”) describes your (“You” or “Your”) obligations when accessing or using the Flock Group, Inc. (“Flock” or “our”) application programming interface (“API” or “APIs”, defined below) and integrations (“Integrations”) (collectively “Implementation”). By accessing this Implementation, You (each a “Party,” and together with Flock, the “Parties”), agree to comply with these terms, and shall only use this Implementation for bona fide law enforcement purposes (“Purpose”). 

In these Terms: 

  • “API” or “APIs” means Flock’s application programming interface and any programming interface and any accompanying or related documentation, source code, SDKs, executable applications and other materials made available by Flock.
  • “Data” means any content, documentation, material, vehicle images, video, audio, date, time, location, or anything derivative therefrom that is either requested to be sent or received through this Implementation, at the express instruction of a Flock Customer.
  • “Flock Customer” means a customer of Flock services which has signed Flock’s terms and conditions (“Customer Agreement”) and is currently requesting integration with this Implementation (“Customer Authorization”) .
  • “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlists also include, but are not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and manually entered license plate information associated with crimes that have occurred in any local jurisdiction.
  • “Integration” or “Integrations” means the code which Parties may transfer Data and other information between systems. 

1. Use and Restriction

1.1 Registration. To access certain Implementations You may be required to provide certain information (such as identification or contact details) as part of the registration process for access or continued use of the Implementation. Any registration information You give to Flock shall always be accurate and current. You shall promptly inform Flock of any updates.

1.2 Restrictions. Flock owns all right, title and interest in the Implementation. You only receive rights to use the Implementation as granted by these Terms. You understand that such Implementation may provide limited access to certain kinds of Data,  as applicable, and shall be accessed strictly in accordance with these Terms and all applicable laws. Where any personally identifiable information is being exchanged, Parties agree to sign a data processing addendum which appropriately outlines each Parties compliance obligations, as applicable. Further, access to Flock’s Implementation may enable You to activate sharing notifications to be used by a CJIS compliant entity, as applicable, for the Purpose. You  shall comply with all applicable restrictions set forth in these Terms, including the Privacy Policy (https://www.flocksafety.com/privacy-policy), in all uses of the Implementation. Your access to the Implementation is limited to the enablement of Implementation, of which must be authorized by and instructed upon by a Flock Customer. You shall not, nor permit others, whether directly or indirectly, to: (i) use the Implementation in any manner that violates any applicable laws or these Terms (ii) use the Implementation in any manner that infringes, misappropriates, or violates any third party’s rights, (iii) use or manipulate the Implementation for machine learning model development or evaluation, (iv) meddle with, reverse assemble, reverse compile, decompile, translate, engage in model extraction, attempt to discover underlying components (including source code) or any part of the software or any products supplied as a part of these Terms, (v) access, use or share any data from the Implementation, including derivative data, for any reason other than as such permitted under these Terms, (vi) buy, sell or transfer any API keys of Integration access tools or code, or (vii) sell or share any Data, unless expressly authorized in writing by the appropriate data owner or licensor.  If Flock believes, in its sole discretion, that You have violated or attempted to violate any term, condition or any spirit of these Terms, such action is considered a material breach, and any license afforded to You pursuant to these Terms may be temporarily or permanently revoked, with or without notice to You. 

1.3 Damages. You shall compensate Flock for all direct losses incurred as a result of the breach of Terms, including, but not limited to, lost revenue, software downtime, and reasonable costs associated with the enforcement of these Terms, including legal fees. You acknowledge that Flock's remedies may include both monetary damages and equitable relief, including injunctive relief to prevent ongoing or further breaches. You further agree that Flock shall not be required to provide proof of actual damages in order to receive compensatory damages. However, Flock will make reasonable efforts to mitigate any damages resulting from Your breach of these Terms. It is the intent of this clause to fairly compensate Flock without penalizing You beyond what is necessary to make Flock whole. 

1.4 Implementation License. Subject to these Terms, Flock grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access the Implementation to the limited extent that such is requested by a Flock Customer. Further, Flock  shall have, and You shall hereby grant to Flock, a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit, incorporate into any of Flock’s products or services and/or otherwise use in any manner any suggestions, enhancement requests, recommendations or other feedback Flock receives from You.

2. Confidentiality. You may from time to time obtain access to Flock’s proprietary information as a result of this engagement. You shall use proprietary information only to the extent necessary to exercise its rights under these Terms. Subject to the express permissions set forth herein, You shall not disclose proprietary information to a third party without the prior express written consent of Flock. Without limiting any of Your obligations under these Terms, You agree that You shall protect proprietary information from unauthorized use, access, or disclosure in the same manner that You would use to protect Your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.

3. Your Representations and Warranties. 

3.1 Representation. You represent, covenant, and warrant that You shall use the Implementation only in compliance with these Terms and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. 

3.2 Warranty. You understand that Flock offers this Implementation “as is” and without warranty of any kind, express or implied, and subject to these Terms. Unless otherwise agreed to in an executed dually binding agreement between You and Flock, Flock has no obligation to maintain, correct, update, change, modify, or otherwise support the Implementation. Flock may discontinue providing access to the Implementation at any time (without notice). Flock makes no guarantee, representation, or commitment as to the success, quality, or intended use case of this Implementation.

4. Limitation of Liability.  

4.1 Limitation on Direct Damages.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOCK, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY AMOUNT GREATER THAN THE FEES PAID BY YOU TO FLOCK UNDER THESE TERMS, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), PRODUCT LIABILITY OR OTHERWISE.  

4.2 Waiver of Consequential Damages. IN NO EVENT SHALL FLOCK OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

5. Termination for Convenience. You may stop using the Implementation at any time with or without notice to Flock. If You want to terminate these Terms, You must provide Flock with prior written notice and, upon termination, stop using the Implementation. Flock may terminate Your access to the Implementation or these Terms at any time without further obligation to You. Upon termination, You shall immediately: stop using the Implementation; return or destroy all of our confidential information; delete any cached or stored content that was permitted by the Terms; and, upon Flock's request, confirm to Flock in writing that You have fulfilled Your obligations pursuant to this section.

6. Entire Understanding. Parties understand that Flock may, from time to time, update these Terms. Notwithstanding, these Terms contain the entire understanding between Parties as it pertains to the Implementation and supersede all prior and contemporaneous terms, understandings, express or implied, oral or written, of any nature with respect to the subject matter hereof. 

7. Assignment; Successors. You cannot, without our prior written consent, assign these Terms. These Terms shall bind the Parties and their respective successors and permitted assigns. Any assignment in contravention of this subsection shall be void. For purposes of the Terms and for the avoidance of doubt, "assign" shall also include any assignment to a successor in interest who obtains all or substantially all of the assigning Party's assets through consolidation, merger or acquisition.

8. Relationship. No agency, partnership, joint venture, or employment is created as a result of these Terms and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to You.

9. Notices. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. All notices will be provided to the email or mailing address listed on the applicable order form or the email address associated with You.

10. Modifications. Parties understand that Flock must be able to modify these Terms from time to time in order to comply with new software, laws, and/or compliance requirements. However, Flock will post such updated Terms on our website at the following link (http://flocksafety.com/api-integration-policy), which modification(s) will become effective immediately. You will be promptly informed of any material changes. By continuing to use and access this Implementation, You agree to comply with such updated Terms. If you do not agree to the modified terms, You must discontinue Your use of the Implementation immediately.