Terms of Service

Last updated: 2026-09-04.

These Terms of Service ("Terms") govern apimercado.com and the API marketplace operated on it (the "Services"). They are between Capital Enesti Inc. ("the Marketplace", "we", "us") and you, whether you act for yourself or for an organization ("you").

Capital Enesti Inc. is a company registered in Canada at 1185 rue De Bougainville, Saint-Bruno-de-Montarville (Québec) J3V3E8. Our NEQ is 1181686743. For abuse reports, legal notices, or general questions, contact [email protected]. The contact page lists the right destination for each kind of request.

By using the Services you accept these Terms and the documents incorporated in them. If you do not agree with them, do not use the Services.

1. The Services

The Services are a marketplace and gateway for APIs:

• Providers publish APIs, set the Price per request, and receive Earnings under the Provider Agreement.
• Consumer organizations enable Access to published APIs (instant, no approval), call them through the gateway with their Keys, and pay for that Spend out of prepaid balances.
• The Marketplace operates the directory, the gateway, the balances, and Disputes.

These Terms incorporate the Privacy Policy, the Acceptable Use Policy, the Cookie Policy, and, for consumer organizations, the Subscriber Terms.

2. Organizations and Keys

You must be at least 18 years old and able to form a binding contract. You provide accurate registration information and keep it current.

Your organization owns its balances and its Keys. You are responsible for all Spend made through your Keys. Keep your Keys confidential, and revoke any Key you believe is exposed.

A Key may carry an optional Spend cap limiting its Spend per Month.

3. Prepaid balances

We, not any Provider, are the merchant of record for balances. You buy prepaid dollars from us and Spend them through the gateway.

• A top-up within the bounds shown at checkout creates a Grant: a positive entry on your organization's Top-up balance. Each Grant opens a Lot that expires 18 months after purchase.
• At Expiry the unspent remainder of a Lot is removed. Expiry is not a Refund. Spend consumes the Lot expiring soonest first.
• At the start of each Month your organization also receives a Free buffer of free dollars, spent before any Top-up balance.
• Top-up balances are not refundable, except through a Dispute under section 5 or a Refund or Adjustment we record at our discretion. Unspent balances have no cash value outside the Services and earn no interest.

4. Prices, fees, and taxes

A Provider sets the Price per request for its API. We add a Platform fee on top. The Cost of a request is the Price plus the Platform fee. All amounts are in US dollars.

Prices exclude tax. Where we are registered to collect tax (for example GST or HST in Canada, or VAT in the EU or the UK), tax is added at purchase.

5. Disputes, Refunds, and Deductions

You can report a charged Request record as a Dispute within 30 days of the request. We investigate and decide each Dispute. A Dispute we uphold produces a Refund: the disputed Cost returns to your Top-up balance. The Price portion of a refunded request is reversed against the Provider's Earnings as a Deduction.

6. Acceptable use

Use the Services for lawful API traffic only. Do not:

• use a Key to resell or redistribute API traffic outside your organization in a way that violates a Provider's terms or our Acceptable Use Policy;
• disguise the origin of traffic, evade rate limits or Spend caps, or otherwise abuse the gateway;
• scrape, aggregate, or republish the Marketplace site without permission;
• offer or use APIs that are illegal, infringing, malicious, or harmful.

The Acceptable Use Policy and the Provider Agreement add obligations for listings.

7. Intellectual property

We own the Marketplace site, the gateway software, and everything we publish that is not a Provider's API. A Provider owns its API, its documentation, and its data practices.

We give you a limited, revocable license to use the Services as intended. You may not copy, scrape, or reverse engineer the site or the gateway, except where the law allows it and this clause cannot lawfully exclude it.

8. Suspension and termination

You can stop using the Services at any time. Your Top-up balance remains subject to Expiry under section 3.

We may limit, suspend, or close an organization that breaches these Terms, the Acceptable Use Policy, or the law, and remove listings that do the same. If we close an organization when you have not breached these Terms, we may record a Refund for its unspent balance at our discretion.

9. Disclaimers

The Services and every API are provided "as is" and "as available". We make no warranty about any Provider's API, its data, its availability, or its support. We do not guarantee uninterrupted access to the Services.

10. Limitation of liability

To the extent the law allows, we are not liable for indirect, incidental, consequential, or punitive damages, or for lost profits or lost data. Our total liability to you for any claim is limited to the total amount you paid us, if any, during the three (3) month period before the claim arose.

11. Indemnification

You will defend and hold us harmless from claims by third parties arising from your breach of these Terms, your prohibited use, your API traffic, or your breach of a Provider's terms, except where the claim results from our breach of these Terms.

12. Governing law

These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods is excluded.

Before starting a court case, the parties attempt to resolve a dispute informally for 30 days after written notice. Otherwise, the parties submit to the non-exclusive jurisdiction of the courts of the judicial district of Montréal, Québec.

13. Changes and notices

We update these Terms from time to time. The "Last updated" date above changes with each version, and the version shown on each legal page records what you accepted. Where the Services capture your acceptance (for example when you accept the Subscriber Terms or the Provider Agreement), a new version must be accepted before the related feature keeps working.

Notices we send by email or through the Services count as written notice, and electronic signatures count as signatures.

14. Contact

For a complaint about the Services or further information, contact [email protected].