Developer Terms of Use | Empower Retirement Developer Portal

API TERMS OF USE

Thank you for using Empower, LLC’s Application Programming Interface, other developer services and associated software (collectively, “APIs”). By accessing or using our APIs, you are agreeing to the Terms (as defined below) and the Terms control your relationship with us. If you use the APIs as an interface to, or in conjunction with other Empower products or services, the terms for those other products or services also apply. If there is a conflict between these terms and additional terms applicable to a given API, the additional terms will control as it relates to that conflict. Collectively, the terms below, any additional terms and any applicable policies and guidelines are referred to as the “Terms.” Under the Terms, “Empower” means Empower Retirement, LLC, located at 8515 E. Orchard Rd., Greenwood Village, CO 80111 on behalf of itself, its subsidiaries and its affiliates. Empower may also be referred to as “we,” “our,” or “us.” Users of the APIs may also be referred to as “you,” “your,” or “user(s).”

ACCESS TO OUR APIS.
1. If you are using the APIs on behalf of an entity, you represent and warrant that you have legal authority to bind that entity to the Terms.
2. You may only access the APIs if you are of legal age to form a binding contract with Empower.
3. You will access an API only through a standards-based Application Programming Interface in accordance with Empower’s Reference documentation provided in conjunction with being granted access to the APIs (“Data Access”).
4. Empower may provide standards-based authorization/authentication mechanisms (e.g. OAuth, read-only password) in connection with the API. You may not share your credentials (such as passwords, keys and client IDs) with another party.
5. Empower reserves the right at our own discretion to terminate access for any reason.
TERMS OF USE.
1. Subject to the restrictions below, we grant you a revocable, non-exclusive, non-transferable limited license to access our APIs and documentation only as necessary.
2. You do not acquire ownership of any rights in our APIs, or the content that is accessed through our APIs ("Content"). You will not reproduce, modify, decompile, disassemble, or reverse engineer any portion of the API or its content. You will not access, use, distribute or make available the Content to any third party without end user's prior written consent.
3. Empower reserves the right to make changes to the API as needed.
4. You will require your end users to comply with these Terms as well as any applicable laws or regulations.
5. Compliance with Laws; Data Protection. You represent and warrant to Empower that:
  1. You have implemented and will maintain reasonable security procedures and practices designed to prevent unauthorized access and exfiltration, theft, or disclosure of the user information collected by your API client, including personal information;
  2. You will not perform any action that would introduce to the APIs any viruses, worms, defects, Trojan horses, malware, or any other such destructive items;
  3. You will notify Empower immediately (but in no event longer than 24 hours after becoming aware) of any actual or reasonably suspected incident or breach of your security resulting or likely to have resulted in unauthorized access and exfiltration, theft, or disclosure of the user information collected by your API client, including, personal information;
  4. You shall comply with all applicable U.S. and international laws and regulations in the collection, use, disclosure, sale, license or other sharing of individuals' data including but not limited to personal information.
  5. You will provide and adhere to a privacy policy for your API clients that clearly and accurately describes to users of your API client what user information you collect and how you use and share such information with Empower and third parties
6. Confidentiality. Our APIs and related communications may contain confidential information (“Confidential Information”). Confidential Information means, other than the Content, information or data relating to the business, operations, technology, products, assets, facilities and affairs of Empower and its affiliates, including Personal Information, and of their respective vendors, agents, brokers, clients and customers, and all copies, excerpts, extracts, reports, analyses, deliverables, compilations and summaries made or derived from any of the foregoing. You shall not disclose Confidential Information to any third party without Empower’s prior written consent. Confidential Information does not include the information that (a) was publicly known and/or was in the possession of Service Provider from other sources prior to its receipt from Empower; (b) is or becomes publicly available other than as a result of a disclosure by Service Provider or its representatives; or (c) is or becomes available to Service Provider on a non-confidential basis from a source (other than Empower) which, to the best of Service Provider’s knowledge, and after reasonable inquiry, is not prohibited from disclosing such information to Service Provider by a legal, contractual or fiduciary obligation to Empower.
RESTRICTIONS ON USE. When using the APIs, you may not:
1. Interfere with or disrupt the APIs or the servers or networks providing the APIs.
2. Promote or facilitate unlawful transactions.
3. Use of our APIs in no way grants any licenses to use Empower’s brand names or logos without prior written consent from Empower.
WARRANTIES. EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER EMPOWER NOR ITS SUPPLIERS MAKE ANY SPECIFIC REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE CONTENT ACCESSED THROUGH THE APIS, NOR THE FUNCTIONALITY, RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. THE APIS ARE PROVIDED “AS IS.
LIABILITY RELEASE. ANY RELIANCE BY YOU ON THE INFORMATION CONTAINED IN THIS SITE IS AT YOUR OWN RISK. YOU AGREE, ON YOUR OWN BEHALF AND ON BEHALF OF ANY HEIRS OR ASSIGNS, THAT WE SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF DATA ARISING FROM OR RELATING TO YOUR USE OF THE SITE AND/OR ANY MATERIALS OR INFORMATION CONTAINED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS ASSERTED, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE.

IN ADDITION TO THE FOREGOING, YOU AGREE THAT WE SHALL HAVE NO LIABILITY FOR ANY SYSTEM UNAVAILABILITY, DELAYS OR ERRORS IN TRANSMISSION, OR DAMAGE TO SOFTWARE, HARDWARE OR EQUIPMENT, RELATING TO YOUR USE OF THE SITE OR DOWNLOAD OF INFORMATION FROM THE SITE.