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Spark API Terms of Use

This document sets forth the terms on which Financial Business Systems, Inc. (“FBS”) makes the Spark API available for use by software developers creating products for sale to and use by MLS members and their customers through the Spark Platform. These API Terms are part of the Developer Agreement, which also is required for use of the API and Platform. By using the Spark API, application developers and the MLS Member and their customers (“you”) who use the applications agree to be bound by the following terms of use (“API Terms of Use”).

  1. Spark API Location, Versions and Other API Usage Requirements and Limitations
    • The API will be made available at http://sparkapi.com or another URL FBS may designate.
    • FBS may release subsequent versions of the API and require you to use the most recent version. If new versions are not compatible with previous implementations, FBS will do its best to notify you and maintain the prior version for a reasonable time for you to adopt the newer version. However, you understand and agree there may be breaking changes FBS is required to make to the API.
    • Except for Your Data, you may present API Data only on a transactional basis and you will not store results from the API except for temporary caching purposes.
    • You may not retain any copies of API Data. Your license to API Data is limited to making direct server calls to sparkapi.com for API Data and to distributing API Data to your end user on your Web site(s) immediately upon receipt by your servers.
    • You may not present the API Data (or permit API Data to be presented) so that it appears to be available from a third party Web site.
    • You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the API or the API Data.
    • You may not use the API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the API documentation located within http://www.flexmls.com/developers (or other URL specified by FBS from time to time), as determined by FBS in its sole discretion.
    • FBS may rate limit the API at any time and in its sole discretion.
    • You may not use the APIs in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with MLS policies, rules or requirements or other Terms of Use or licenses you have from FBS or these Terms of Use.
    • If you become aware that any user of your implementation is in material breach of these API Terms of Use, then you agree to notify FBS promptly of such breach by e-mail to api-support@flexmls.com , and to take prompt commercially reasonable corrective action at your expense to remedy such breach. In addition, upon request of FBS or the MLS, you will either (a) use commercially reasonable efforts to obtain such equitable relief to prevent harm to FBS or the MLS, or (b) assign any of your applicable rights to permit FBS or the applicable licensor to seek such equitable relief. Your obligations to report and enforce the Applicable Terms will survive termination of these API Terms of Use or your use of the API.
  2. Acceptable Use. You agree not to use the API or API Data in any way that is unlawful, or harms the MLS, FBS, its service providers, its suppliers, your end users, or any other person. Further, FBS may terminate your use of the API and API Data if and when FBS determines that your use is inappropriate.
  3. Changes. FBS reserves the right to change the API Terms of Use, and you are responsible for regularly reviewing these API Terms of Use. Your continued use of the API and/or API Data after the effective date of such changes will constitute acceptance of and agreement to any such changes. FBS may suspend or discontinue the Services at any time to you and/or to others, without notice.
  4. Changes, Suspension, Termination. FBS may change, suspend or discontinue the API and suspend or terminate your use of the API or API Data at any time for any reason, without notice. If FBS terminates your access to the API without cause, FBS will refund any fee you paid FBS on a pro rata basis for the year. You may also terminate by ceasing to use the API and API Data, removing implementation of the API from your Web site(s), and deleting all copies of the API Data except Your Data.