Mercado Libre Global Selling Developer Terms and Conditions
These Terms and Conditions of Mercado Libre Global Selling Developers set forth the participation rules in the Developer Program, and access and/or use of Mercado Libre API (“Terms and Conditions”). Upon accessing and/or using the API, Developers accept the Terms and Conditions below.
1.1 Mercado Libre: Mercado Libre Inc. and/or any of its controlled, affiliated or related companies.
1.2 API: Mercado Libre Application Programming Interface and any other tools, documentation and information in connection with Mercado Libre, made available to Developers.
1.3 Sitio: The site www.mercadolibre.com y todas sus versiones pertenecientes a Mercado Libre.
1.4 Developer Program: the program whereby Mercado Libre makes the API available so that, by using or applying it, Applications are developed using content of the Site, being integrated to, and interacting with, the Site, and/or with the services rendered by Mercado Libre, or facilitating their use.
1.5 Developers: any individuals or legal entities, Mercado Libre Users, which participate in the Developer Program.
1.6 Security Incident: refers to any actual or reasonably suspected, accidental, unauthorized or unlawful destruction, loss, disclosure, access, use or alteration of Personal Data and/or the systems and/or servers where such Personal Data are processed, or any similar event described in the Personal Data Protection Laws.
1.7 Personal Data: refers to any information about an identified or identifiable person. An identifiable person is any person whose identity can be determined, directly or indirectly, by means of an identifier, such as a name, an identification number, location details, an online identifier, or one or more elements about the physical, physiological, genetic, psychological, economic, cultural or social identity of such person. 1.8. Personal Data Protection Laws: refer to all laws, rules, regulations and orders related to the privacy, security, confidentiality and/or integrity of Personal Data that are applicable to the processing activities, which may be, as applicable: Brazilian General Data Protection Law (LGPD) no. 13,709/2018, Mexico's Federal Law on Protection of Personal Data held by Private Parties, Law no. 25,326 of Argentina, Law no. 1,581 of Colombia, Law no. 18,331 of Uruguay, Law no. 29,733 of Peru, Law no. 172 of the Dominican Republic, Law no. 8,968 of Costa Rica, Law no. 81 of Panama, Law no. 787 of Nicaragua, Law no. 19,628 of Chile, Ecuador's Personal Data Protection Organic Law. 1.9 Data Holder: an identified or identifiable person whose Personal Data are processed and who has rights over them, as set in the Personal Data Protection Laws. 1.10 Data Processing: refers to any operation performed with the Personal Data, including, but not limited to, collection, consultation, reception, use, transfer, retrieval, manipulation, recording, organization, storage, maintenance, hosting, adaptation, edition, possession, disclosure, release, blocking, deletion, destruction, sale or licensing. 1.11 Application: the application of software, site or other interface developed, owned or operated by the Developer in order to interact with the API or the Site, and/or services rendered by Mercado Libre. 1.12 Mercado Libre Content: information, data and/or codes stored in databases of Mercado Libre, and that Mercado Libre, at its own discretion, will make available to Developers through the API. Mercado Libre Content does not include information obtained by Developers independently in connection with Mercado Libre and the API. 1.13 Mercado Libre User: any persons who accept the terms and conditions of use of the Site and are registered in the Site. 1.14 Application User: final users of the Application, their service providers and any other person who grants a sublicense of the Application. 1.15 General Terms and Conditions: provisions and policies according to which Mercado Libre offers its services to Mercado Libre Users.
2. DEVELOPER PROGRAM CONDITIONS
Participation in the Developer Program grants Developers access to the API and Mercado Libre Content in order to develop Applications that may be integrated to Mercado Libre API and the content supplied by it, or that facilitate their use.
Developers may use the API and Mercado Libre Content only to facilitate, improve the use and the functionality of the Site, and services provided by Mercado Libre to Application Users.
Under no circumstances, may the API or Mercado Libre Content be used for the purpose of: (a) breaching any law and/or violating the rights of any individual or legal entity, or any provisions of these Terms and Conditions, and any other terms and policies of Mercado Libre; (b) damaging, in any way whatsoever, the operation of the Site, and/or services rendered by Mercado Libre, and/or the business of Mercado Libre, and/or interfering with the existing security, identification and authentication mechanisms; (c) practicing harmful or fraudulent conducts or acts; (d) originating liability causes, or exposing Mercado Libre and/or Mercado Libre Users, and/or the Application Users to legal liability or damages; (e) incurring in any of the cases set forth in Article 7 of these Terms and Conditions; and (f) disclosing information obtained through the integration of third parties who are not Mercado Libre Users.
2.2 API License
2.2.1 API Use
Mercado Libre grants Developers, as long as they participate in the Developer Program and use the API, a limited, non-exclusive, personal, revocable, non-sublicenciable and nontransferable license of use of the API, only for the purposes listed below and subject to the limitations set forth in these Terms and Conditions.
22.214.171.124. To facilitate, improve and/or upgrade the use and functionalities of the Site and services rendered by Mercado Libre. Upon accepting these Terms and Conditions, Developers expressly waive their right to receive any payment from Mercado Libre by virtue of any improvement derived from using the API, according to the provisions of this item;
126.96.36.199 To enable their Application to interact with Mercado Libre Content to get the necessary information to facilitate their use by the Application Users;
188.8.131.52 To make a limited number of intermediate copies of Mercado Libre Content only as necessary to perform the activities permitted by these Terms and Conditions. Developers shall exclude intermediate copies on an irreversible basis if they are not necessary for the purposes they were created; and
184.108.40.206 To publish Mercado Libre Content within an Application according to these Terms and Conditions, implementing proper security measures in order to prevent unauthorized third parties from accessing Mercado Libre Content.
Developers may access the API through the means described in the documentation related to the API furnished by Mercado Libre.
Mercado Libre, at its own discretion, may request Developers to have access keys to the API (for example, access passwords or tokens). Developers shall keep these keys strictly confidential, and will be the solely liable for any improper use. If any unauthorized use is detected, they shall notify Mercado Libre on a confident and prompt basis.
Access codes to the API belong, and will belong, to Mercado Libre, and may be revoked at any time by Mercado Libre, as well as participation in the Developer Program, in the event any Developer discloses them to third parties.
2.2.3 Limits for API request
Mercado Libre may discretionarily limit the number of API calls that may be done by a Developer during any period. Mercado Libre will determine the limits for calls based on several factors, such as the ways in which a Developer uses its Application, or the volume of expected use of its Application.
Mercado Libre may, at its own discretion, charge Developers a fee for API calls exceeding the limit of calls defined, or interrupt their access to the API. Undone API calls may be used in the following day or month, as the case may be.
Developers may develop, disclose or distribute Applications interacting with the API, the Site and Mercado Libre Content. Each Developer shall be solely liable vis-à-vis the Application Users or any third parties using the Applications developed, as well as for their operation, use and their respective consequences, being Developers exclusively liable for revoking access of the Application to data from the Application Users who have notified the Developer of their decision not to use the Application.
Applications shall comply with all applicable regulations in each jurisdiction where their use is permitted, being Developers exclusively liable to check if the Application complies with all applicable regulations and laws.
Mercado Libre shall not recommend, send, control, revise, administer, sponsor, approve, secure or endorse the Applications, and shall not be responsible for checking if such Applications comply with the applicable regulations and laws of the jurisdiction where their use is permitted.
Developers shall refrain from including, in the title by which the Application is identified, in its content or design, the following words: “mercado”, “libre”, “livre”, “payment”, “shipments” and/or “credit” and/or any other term or logotypes related, or that may be confused with Mercado Libre Intellectual Property, and/or of any companies belonging to the Mercado Libre economic group. Developers shall also refrain from using the following within the Application: (i) the mentioned denominations or logotypes; and/or (ii) design, combination of colors, content of the screen, elements or format identical or similar to the ones of Mercado Libre Intellectual Property, and/or any companies belonging to Mercado Libre economic group.
Developers acknowledge and agree that Mercado Libre may develop products, services or applications that may compete with the Applications or with any other product or service developed by Developers. Developers authorize Mercado Libre to: (i) make copies, changes, distribution or internal tests of the Application, or any processes that Mercado Libre may consider necessary; and (ii) disclose in the Site or any other document or by any other means, images related to the content or operation of the Application.
Mercado Libre, at its own discretion, may request or grant certifications to Developers or Applications (“Certification”).
Through the Certification, Mercado Libre or a third party appointed by Mercado Libre will confirm that Developers or Applications comply with all requirements set forth by Mercado Libre to determine if the Developer or the Application knows the API and applies good practices in connection with access and use.
Developers and Applications that received the Certification may access the benefits granted by Mercado Libre to certified Developers and Applications. Any benefits received under the Certified Partner Program will be governed by these Terms and Conditions.
Developers shall be solely liable for the costs associated with the Certification.
Mercado Libre may, at its own discretion, prohibit any Developer from participating in the Developer Program, as well as accessing, in full or in part, Mercado Libre Content, until they prove the Certification was granted.
Mercado Libre may, at its own discretion, revoke any Certification granted if, at its own discretion, a Developer or Application ceases to comply with the requirements set forth regarding the Certification or these Terms and Conditions.
Mercado Libre may, at any time and at its own discretion, change the requirements to receive the Certification, and the benefits associated with the Certified Partner Program, in which case it may request Certified Developers or Applications to comply with the new requirements in order to keep the certification.
Likewise, any changes made to an Application after the Certification is granted may be subject to recertification.
In such cases, Mercado Libre will notify Developers so that they comply with the new requirements, and they or the Application, as the case may be, may keep the Certification.
The notice will be sent to Developers via email to the address given by them to Mercado Libre.
Mercado Libre may, at its own discretion, revoke such Applications that, after being granted the Certification, do not comply with the new requirements set forth by Mercado Libre to keep it.
Mercado Libre can subject the Developer participating in the Developer Program to a quarantine process according to the terms set here.
4. Intellectual Property
4.1 Developer Program Trademarks
Mercado Libre may grant Developers participating in the Developer Program and/or the Certified Developer Program a limited, nonexclusive, personal, nontransferable, free and revocable license to disclose certain trademarks owned by Mercado Libre, registered or not, related to the Developer Program and/or the Certified Developer Program (“Developer Program Trademarks”). This authorization is limited territorially to the country in which the Developer does its business.
Developers may only disclose Developer Program Trademarks to identify their participation in the Developer Program and/or in the Certified Developer Program. Any developers who do not comply with the requirements of the referred programs must refrain from using Developer Program Trademarks, and may not appear before third parties as “Developer” or “Certified Developer” or “Certified Partner” or “Certified Application” of Mercado Libre.
Developers shall not use Developer Program Trademarks that generate or may cause confusion and/or make Applications Users or recipient third parties of their communications believe that Applications are owned by Mercado Libre, were developed by Mercado Libre, or that there is, between Mercado Libre and the Application and/or the Developer, any relation, association or link beyond the one set forth in these Terms and Conditions. It should always be clear to Users that the Developer or the Application do not belong to Mercado Libre, and that Mercado Libre does not recommend, mention, control, review, sponsor, approve, administer, secure or endorse in any manner whatsoever the Application or the Developer.
The use of Developer Program Trademarks shall fulfill the guidelines set forth in the of Mercado Libre Trademark Manual, which will be incorporated by reference to the Terms and Conditions, and any other guideline that may be set forth by Mercado Libre in the future in connection with the use of all its trademarks.
Any use of Developer Program Trademarks made out of the scope of the license granted in this Article will require the prior and express authorization (in writing) of Mercado Libre (that may be granted by email), which, at its own discretion, will decide if the referred authorization will be granted or not.
Developers may not change in any manner Developer Program Trademarks. Besides, Mercado Libre may change or update Developer Program Trademarks at any time, and Developers that were using them shall disclose them in their changed or updated version.
Mercado Libre may, at any time and for any reason, terminate the license of use provided in this Article, which shall not cause any compensation right to the Developer, in which case the Developer shall cease using Developer Program Trademarks immediately.
4.2 Developer Trademarks
Developers grant Mercado Libre a nonexclusive, free, with no territorial, temporary or any other limitation license, so that Mercado Libre, at its own discretion, uses the trade names, brands, logotypes, designs and domain names owned by Developers (“Developer Trademarks"), in order to publish and/or disclose the existence of the Application.
The Developer may request Mercado Libre to include an Application in the Site or to host an Application by Mercado Libre. In such case, the Developer will authorize Mercado Libre to (i) use Developer Trademarks, and (ii) host the Application, provide links for the Application or incorporate them in any other way to the services rendered by Mercado Libre. Mercado Libre, at its own discretion, will decide if it must include or host the Application or may reject doing it without specifying any reasons. In no event, will the inclusion or host of the Application by Mercado Libre imply that Mercado Libre recommends, refers, controls, reviews, administers, sponsors, approves, secures or endorses the Application.
4.3 Licenses - Ownership
Mercado Libre holds and keeps all intellectual and industrial property rights related to the API, to Mercado Libre Content, to the Site, to the services rendered by Mercado Libre, to any development, content or technology of Mercado Libre created or derived from them, information, data, code, files, trade secrets, brands or distinctive signs, trade names, images, patents, utility models, industrial design, models, drawings, graphics, text files, audio or video files, screens, programs, data bases, networks, codes, developments, software, architecture, hardware, integration faces, functionalities, domains, files, sale tools and/or any other Mercado Libre property (“Mercado Libre Intellectual Property”), and represents that such rights are protected by any applicable national and international laws. Developers own and keep all exclusive intellectual property rights and directly related to their Application.
Developers only get a limited right of access and use of Mercado Libre Intellectual Property according to the licenses expressly contained in these Terms and Conditions.
Any right that is not expressly granted to Developers under these Terms and Conditions is exclusively reserved to Mercado Libre. Therefore, it is forbidden the violation, improper or contrary use of effective regulations and laws applicable to Mercado Libre Intellectual Property.
In particular, Developers bind themselves not to: (i) do reverse engineering, reverse, decompile, decrypt, unmask or deconstruct, in full or in part, Mercado Libre Intellectual Property; (ii) distribute, disclose, publish, promote, sell, hire, enjoy, sublicense or assign Mercado Libre Intellectual Property to third parties; and (iii) make statements or warranties to third parties on behalf of Mercado Libre.
Developers shall refrain from making any act that may cause damages, loss of reputation or reduction of value of the rights of Mercado Libre Intellectual Property.
Mercado Libre services may contain links to sites of third parties. Since Mercado Libre does not control such sites, it shall not be liable for them, or for the damages or losses caused to Developers due to their use, whether directly or indirectly caused. The presence of links to other sites does not imply any partnership, relation, approval, endorsement of Mercado Libre of such sites and their content.
Finally, upon accepting these Terms and Conditions, Developers grant Mercado Libre an unlimited, irrevocable, perpetual, assignable, transferable and free license of use and exploitation of any suggestions and/or feedback that may be given or transmitted by Developers to the API and/or their use.
5. Mercado Libre Content
Under the Developer Program, Mercado Libre will grant Developers access to Mercado Libre Content. Mercado Libre, at its own discretion, may limit, restrict or filter the access to Mercado Libre Content, or subject it to the fulfillment of certain conditions.
Likewise, it may request Developers to have access codes in order to access certain Mercado Libre Content. In such case, Developers shall keep these codes confidential. Access codes to Mercado Libre Content belong, and will belong, to Mercado Libre and may be revoked at any time, as well as the participation in the Developer Program, in the event any Developer discloses them to third parties.
Mercado Libre Content may include information or data generated by third parties, being the creator of such content exclusively liable. For the rest of the content that is a creation or an original work of Mercado Libre, any use made out of the scope of the license provided in this Article will require a prior and express authorization (in writing) by Mercado Libre (that may be granted by email).
5.2 Use and Disclosure of Mercado Libre Content
Developers may only disclose Mercado Libre Content within the Application during the period in which such content is available to the public. When Mercado Libre Content is no longer available to the public, it shall be removed from the Application.
Mercado Libre Content disclosed by a Developer in his/her Application may not be confused or combined with content from third parties.
When Mercado Libre Content contains information from Mercado Libre Users that are not public, it may only be disclosed in the Application through prior and express authorization of the referred user.
Application Users may disclose Mercado Libre Content in their sites or applications. Developers shall inform and provide Application Users with the guidelines set out under this Article 5.2 in connection with the disclosure of Mercado Libre Content, as well as notify them of Mercado Libre’s rights on the API and Mercado Libre Content.
5.3 List Duration
Developers shall update, at least every 24 (twenty-four) hours, Mercado Libre Content included in the Application. Therefore, no Application may publish Mercado Libre Content that has been removed from the Site 24 (twenty-four) hours before being published in the Application. The referred term will be reduced to 6 (six) hours when Mercado Libre Content consists of lists of articles and/or services published in the Site. The Application shall specify the frequency with which Mercado Libre Content is updated, and, in particular, the lists of articles and services in connection with the information published by Mercado Libre.
5.4 Derived Information
Developers must have a prior and express authorization from Mercado Libre (that may be granted by email) to use or publish Mercado Libre Content in order to enable the obtention of information of the following types:
5.4.1 Any statistics related to the Site or the activity performed within the Site; or
5.4.2 Acceptance rates corresponding to the improved lists (for example: gallery, highlighted items, highlighted category, etc.); or
5.4.3 Sales of items or hiring of services through the Site, or other statistics related to the performance (financial or of other kind) of the Site or any service rendered by Mercado Libre though the Site; or
5.4.4 The average sale price or the volume of items sold and/or services hired for any individual category of Mercado Libre; or
5.4.5 Information related to a specific User of Mercado Libre or certain types of Users of Mercado Libre; or
5.4.6 Conversion, termination or success rates.
6. Obtain and Use of Personal Information
The participation in the Developer Program and the use of the Tools of the Developer Program may enable Developers to access certain Personal Information related to Mercado Libre Users and Application Users.
For the purposes of these Terms and Conditions, “Personal Information” means any information related to a person directly or indirectly identifiable, whether an Application User or Mercado Libre User, according to the applicable legislation.
Any information obtained by the Developer directly from Users in connection with an Application may be included, as well as information included in Mercado Libre Content or furnished by Mercado Libre for specific reasons.
Developers will protect the Personal Information by adopting proper technical and organizational measures, for the purpose of (i) ensuring and protecting the security, integrity and confidentiality of shared personal data; and (ii) protecting against any processing, loss, use, disclosure, acquisition or unauthorized access to any personal data.
The Developer must refrain from communicating, disclosing, transferring or assigning the Personal Information to third parties, except if he/she has the prior, express and written authorization of Mercado Libre and/or of the data owners.
If the Developer decides to outsource the data processing, he/she must ensure that the service provider limits the use of data to the purposes provided in the outsourcing, which may be able to keep the Personal Information safe and confidential, and meets all the requirements of data processing of Mercado Libre and the protection regulations of personal data.
Developers, by themselves and their outsourced parties, warrant that, if it is necessary to transfer any Personal Information abroad, they will comply with the applicable data protection laws, specially, the provisions on the international transfer of Personal Information.
Developers may access the Personal Information, provided that they have obtained the authorization or be supported by a proper legal base according to the applicable legislation, and that have clearly and expressly informed that the recipient of the information is the Developer and not Mercado Libre. Developers may obtain and use such information only as authorized by the data owners.
Developers shall comply with any applicable laws in connection with the protection of personal data, and their privacy policies shall be in accordance with the applicable legal rules, and clearly inform Application Users the type of information gathered by the Application, the use or purposes of such information, and third parties they will be shared with, being clear that the party gathering the information is the Developer and not Mercado Libre.
If Mercado Libre receives a claim or is forced to pay a compensation, fine, judgment or sanction of any kind due to any breach by the Developer of any applicable legislation regarding the protection of personal data, the Developer undertakes to reimburse any amount that Mercado Libre has been forced to pay, including costs and fees, holding it totally free.
6.2 Information about Mercado Libre Users
Developers may receive information on Mercado Libre Users that may or may not be Application Users, which is publicly available through Mercado Libre or is furnished by Mercado Libre, according to the access conditions provided for in Article 5.1. of these Terms and Conditions.
Developers may not gather or store the security codes of Mercado Libre Users in any circumstances.
The Mercado Libre User is liable for updating access permissions if necessary, or when requested by Mercado Libre, therefore avoiding that no application has access to their Personal Information unduly or without his/her authorization/permission.
6.3 Liability of Developer Receiving Personal Information
Developers represent and warrant that, upon receiving Personal Information in the relation outlined with Mercado Libre, they shall act according to the applicable legislation and comply with the following obligations.
1. To treat the Personal Information exclusively by reason of the purpose of the agreement executed, and according to the specifications of Mercado Libre, applying all necessary security measures, whether technical and/or operational;
2. To promptly notify Mercado Libre upon the occurrence of any incident that may affect the security of the Personal Information, including, without limitation, the (i) receipt of any request of an authority for the purpose of disclosing the Personal Information; and/or (ii) occurrence of any incident of security affecting the Personal Information;
3. To notify Mercado Libre upon receiving any request or claim by data owners regarding the Personal Information, refraining from answering the owner without the prior approval, in writing, of Mercado Libre;
4. To promptly exclude and/or anonymize the Personal Information in any of the following cases, except if there is any legal impediment to do so: (i) When the legal relation with Mercado Libre has terminated or (ii) by express instructions, in writing, of Mercado Libre;
To hold Mercado Libre free from any action, report, claim and/or procedure, brought against the third party by the personal data owner and/or any administrative of judicial authority, due to such party's noncompliance of his/her obligations regarding personal data protection or any other obligation contemplated hereunder;
To enable Mercado Libre to request all necessary documentation for the compliance of the duty of security contemplated hereunder;
To disable the access to Personal Information of the User (i) when the legal relation with Mercado Libre and/or the User has terminated, or (ii) by express instructions, in writing, of Mercado Libre and/or the User; and
To comply with the obligations related to the security and protection of the Personal Information for its employees, agents and outsourced parties, keeping the levels of security, protection and confidentiality required by the Brazilian legislation.
Under no circumstances shall the Developers collect or store Mercado Libre Users' passwords.
1. Legality Principle: The Developers declare and undertake to comply with the Personal Data Protection Laws.
2. Purpose Principle: Beyond the relationship that the Developers have with Mercado Libre Users, the Developers will process the Personal Data shared in order to comply with the purposes and obligations set in these Terms and conditions.
3. Quality of the persons in charge: The Developers may only access the Personal Data in accordance with the instructions and authorizations received from the Mercado Libre User acting as data controller.
4. Subcontracting: In the event that the Developer decides to subcontract third parties to carry out any Personal Data processing operation, they shall ensure that the service provider limits the use thereof to the purposes foreseen in the subcontracting, that they have the capacity to keep the Personal Data safe and confidential and to comply with the requirements of these Terms and conditions and the Personal Data Protection Laws.
5. Requirements of Competent Authorities: Developers shall notify Mercado Libre immediately and without undue delay of any communication or request received from a Competent Authority. The Developer shall cooperate with Mercado Libre to the extent permitted or required by the Personal Data Protection Laws to respond to the requirements of the Competent Authorities.
6. Indemnification: The Developers shall indemnify Mercado Libre for any direct or indirect damage resulting from any breach of the obligations set in these Terms and conditions and/or in the Personal Data Protection Laws and/or derived from a Security Incident and/or claimed by a User to Mercado Libre.
7. Restricted Activities
Developers may not access, facilitate or enable third parties to use or access, the API, or use it in any form not expressly permitted under these Terms and Conditions.
Developers may not perform or enable third parties to perform the following activities:
7.1 To market or sublicense the API for use by third parties. Therefore, they may not create an Application materially operating in the same way as the API, and offer it for use by third parties;
7.2. To distribute or publish or enable access to Mercado Libre Content of any place and origin other than its Application, or enable its disclosure on an unauthorized basis under these Terms and Conditions;
7.3. To enable the link to the API or Mercado Libre Content of any place or origin other than its Application;
7.4 To market, distribute, copy, reproduce or store Mercado Libre Content for purposes other than those permitted under the Terms and Conditions, or sublicense it to third parties;
7.5 To amend, disassemble or decompile the API or Mercado Libre Content, do reverse engineering, interfere or modify the APIs or servers or networks provided by the APIs, or make any other change therein. Besides, they may not set out technical limitations or disable, modify or try to avoid any mechanism limiting the use of the API;
7.6 To use robots, harvesters, spiders, scraping or other technology to access Mercado Libre Content or the Site or the services rendered by Mercado Libre, or use them to obtain any information that is not furnished by Mercado Libre by virtue of the Developer Program;
7.7 To create an Application that may be used to violate the General Terms and Conditions, or any other policy of Mercado Libre, applicable regulation or law;
7.8 To use an API in such a way that exceeds the reasonable volume of requests, constitutes abuse or excessive use, or overloads, interferes with or damages the Site, the services of Mercado Libre and/or its networks in any form;
7.10 To furnish data or information to Mercado Libre, except that the Developer represents and warrants their truthfulness and the ownership of the rights necessary to provide such data or information to Mercado Libre.
8. Changes in Maintenance of the API, Site and/or Services.
Mercado Libre shall not be liable for upgrading the API. However, at its own discretion, at any time it may modify (i) the API, the number of permitted API calls, (ii) its data bases, (iii) any Site or service provided by Mercado Libre or (iv) any benefit or function provided in connection with the use of the API.
The Developer knows and accepts that, if Mercado Libre decides to implement upgrades or modifications, as provided in the foregoing paragraph, they may imply material alterations in the functionalities of the API or affect the Application in such a way that Developers shall make changes in their Applications at their own charge in order to keep the compatibility or the interface with the API or the Site or services rendered by Mercado Libre.
Mercado Libre is not bound to provide any support or maintenance service related to the API.
9. Monitoring and Audits
Mercado Libre may monitor or control the use of the API made by Developers and/or the operation of Applications. Developers may not, and may not try to, block or interfere in any manner with the monitoring or control, and Mercado Libre may attack, by technical means, any method used by Developers to block or interfere with such monitoring or control activities.
If Mercado Libre knows or suspects of any violation of security of the facilities, systems or sites or Applications of a Developer in which Mercado Libre Content is disclosed or stored, or of the violation by a Developer of the requirements of security described in Article 10 hereof, Mercado Libre may suspend or interrupt his/her access to the API and to Mercado Libre Content and/or it may perform a security audit.
Likewise, Mercado Libre may periodically audit, on a random basis and with no prior notice, the systems and facilities of Developers in order to secure the fulfillment of the requirements of security set forth in Article 10 hereunder. Such audits shall be carried out on a noninvasive basis in the networks and applications of Developers and may include requests of documentation and information.
Developers shall cooperate with audits performed by Mercado Libre, and, if necessary, shall prove that they comply with the Terms and Conditions.
Mercado Libre shall provide the Developer with detailed results of any security audit carried out. Upon accepting these Terms and Conditions, the Developer acknowledges and accepts that, if audits performed by Mercado Libre prove the breach of any of these Terms and Conditions, the Developer and/or the Application, as the case may be, shall immediately repair such breach, in such a way to comply with the rules and procedures of the Quarantine Process, provided under these Terms and Conditions.
10. Security Requirements
Developers, while participating in the Developer Program, shall comply with and implement sufficient reasonable practices of security of the information and data according to the best practices of the industry.
In particular, and without limitation of the liabilities set forth in the foregoing paragraph, they shall keep sufficient and proper measures to protect the security of the following information, whether they are provided by a User of Mercado Libre or obtained from Mercado Libre through the API:
- All personal data, including, without limitation: Name and Family Name, and email addresses of Mercado Libre Users,
- Identity validation credentials,
- Nicknames of Mercado Libre (including the nickname of the API Developer, nickname of the Application, and nickname of the Certificate).
Mercado Libre, at its own discretion, may perform a security assessment of the Developers.
11. Limitation of Liability
Except as expressly provided in the Terms and Conditions, and in the maximum extension permitted by the applicable law, Mercado Libre does not warrant (i) the availability, continuous or uninterrupted use of the API, of Mercado Libre Content, of the Site or of services of Mercado Libre, or of its Intellectual Property, (ii) their adequacy or aptitude for specific purposes, uses or systems, or (iii) the absence of errors or marketing.
Mercado Libre does not represent or warrant that the Site, services of Mercado Libre and the API will operate on a secure basis. The API, Mercado Libre Intellectual Property and all products and services rendered by Mercado Libre under these Terms and Conditions are provided “as is”, “with all defects”, and “as available”. Developers take over the risk of using them, and acknowledge and agree that these Terms and Conditions were not accepted based on any warranty or statement not contained herein.
Mercado Libre will not be liable for consequential, direct, indirect damages, loss of profits or loss of chances caused to Developers or third parties in connection with these Terms and Conditions, or by the use of services of Mercado Libre, the API, the Mercado Libre Content or its Intellectual Property, nor will be liable for the payment of a compensation of any other nature.
Developers acknowledge and agree that the limitations of liability agreed under these Terms and Conditions are reasonable, since they constitute an essential element to keep the economic conditions of the relation between Mercado Libre and the Developer.
Developers will keep Mercado Libre, its controlled, holding, and/or related companies, and their respective directors, managers, representatives and/or employees, free from any claim, court or out of court, or any damage caused by, or related to: (i) the use made by Developers of the API; or (ii) the development, maintenance and content of Applications; or (iii) the violation by Developers or the Application of rights of users of Mercado Libre or any third parties, or (iv) the violation of the Terms and Conditions or the applicable laws by Developers or their service providers; or (iv) the use of Mercado Libre Content by Developers or Application Users, or (v) the use of the Application by Users of the Application, or (vi) the falsehood or inaccuracy of any of the representations made by Developers under these Terms and Conditions.
For such purpose, Developers authorize Mercado Libre to act and represent them in such claims, being able to execute, on their behalf, such transactional agreements that it may deem appropriate and conducive to avoid higher costs and/or contingencies. Likewise, Developers may not execute transactional agreements without the prior consent of Mercado Libre, which may not be rejected unjustifiably.
Under the Developer Program and/or the Certified Developer Program, Mercado Libre will furnish Developers certain information, such as the API, Mercado Libre Content, access codes and/or any information received by Developers through the API or furnished by Mercado Libre to Developers (“Confidential Information”).
Developers will not use or disclose the Confidential Information, except if necessary to comply with the Terms and Conditions and as permitted in the referred Terms and Conditions.
The Confidential Information will be always owned by Mercado Libre. Developers will use the Confidential Information only for the purposes for which it was disclosed.
Developers will make their best efforts and take the highest care to protect all the information furnished by Mercado Libre to Developers under the Developer Program (including, without limitation, the Confidential Information), and shall, at least, apply the same protections applied to protect their own confidential information, which may not be inferior to the ones set forth in the applicable regulations. Developers shall adopt the information security measures, both physical and computational, which are at least consistent with the best practices of the industry, sufficient and adequate to ensure security and confidentiality of the Confidential Information, in such a way to avoid their tampering, loss, unauthorized consultation or treatment and that enable to detect deviations, willful or not, of the Confidential Information, whether the risks be derived from human action or technical means used.
Upon accepting these Terms and Conditions, Developers expressly authorize Mercado Libre to check the fulfillment of the confidentiality liability set forth hereunder by means of an audit, whether in person at the offices of Developers or remotely through access to the computing systems of Developers or as determined by Mercado Libre, as agreed by the parties on the place, date and time of the audit. Developers will offer their full collaboration to Mercado Libre to perform the referred audit.
Mercado Libre reserves the right to revoke, suspend or interrupt, in full or in part, the license of use and access to the API, and any other right granted under these Terms and Conditions, without fair cause and at any time, with no need to notify it and generating no liability for the Developer, his/her suppliers, Application Users or third parties.
Likewise, if Mercado Libre understands that a Developer or his/her service providers violate the Terms and Conditions, Mercado Libre may take all necessary measures, such as issuing a warning, bringing an investigation or suspending or revoking, without prior notice, the license of use of the API.
In the event of revocation, the Developer shall (i) cease the use and access to the API and to Mercado Libre Content, (ii) pay, if applicable, the delayed and cumulative rates until the date of revocation, (iii) irreversibly destroy all his/her intermediary copies of Mercado Libre Content and the Personal Information, and (iv) no longer identify himself/herself as participant of the Developer Program or Certified Developer Program, as applicable, and immediately cease using the Developer Program Trademarks.
15. Applicable Law and Jurisdiction
Any controversy resulting from the terms, existence, validity, interpretation, scope or acceptance of these terms and Conditions shall be submitted to the laws and jurisdictions corresponding to the territory in which the controversy occurred.
1. If the controversy takes place in Brazil, it will be governed by the applicable laws of the Federative Republic of Brazil and shall be submitted to the jurisdiction of the Venue of the City of São Paulo, State of São Paulo;
2. If the controversy takes place in Chile, it will be governed by the applicable laws of the Republic of Chile and shall be submitted to the jurisdiction of the Courts of the City of Santiago, Chile;
3. If the controversy takes place in Colombia, it will be governed by the applicable laws of the Republic of Colombia and shall be submitted to the jurisdiction of the Courts of the City of Bogota, Colombia;
4. If the controversy takes place in the Mexican United States, it shall be submitted to the jurisdiction of the competent courts of the City of Mexico, Federal District.
16. General Provisions
16.1 If the Developer access and/or uses the API on behalf of other individual or legal entity, he/she represents and warrants that has powers to bind them, and that accepts the Terms and Conditions on behalf of the represented individual or legal entity.
16.2 If the use of the API is made together with the use of other services rendered by Mercado Libre, the terms and conditions and the policies of Mercado Libre applicable to such services shall also be applicable, and, therefore, they shall be complied with by Developers.
16.3 Mercado Libre may use the contact information given by Developers under the Developer Program and the Certified Developer Program, in order to send them information on Mercado Libre, the Site and the API or any other information that Mercado Libre may deem to be of its interest. Developers authorize Mercado Libre to gather, store, use and process any information furnished by Developers under the Developer Program and the Certified Developer Program, according to the Privacy Policies of Mercado Libre..
16.4 Any notices given under these Terms and Conditions may be done through the Support Channel , of the Developer Program, except as otherwise provided in these terms.
16.5 These Terms and Conditions do not create any relation of association, corporation, labor, joint venture or representation between Mercado Libre and the Developer. The use of the term “Partner” in the structure of the Certified Developer Program refers only to the participation of Developers in such program.
17. Amendments to the Terms and Conditions
Mercado Libre may amend the Terms and Conditions at any time, publishing the amended terms in the Site. Any amended terms shall be effective 10 (ten) days as from publication.
Such Developers who do not accept the amendments to the Terms and Conditions shall inform such circumstance to Mercado Libre, according to the provisions of Article 16.4. of these Terms and Conditions. Mercado Libre shall revoke the license of use and access to the API, as well as any other right granted under these Terms and Conditions in connection with the Developer who do not accept the amendments to the Terms and Conditions.