Enquirus Database and API Terms of Use
Last updated: September 2025
1. About these Terms of Use
The API Licensor is Richemont International SA whose registered office is at Chemin de la Chênaie 50, Bellevue, Geneva, 1293 Switzerland (“we”, “us”, “our” or “API Licensor”).
These Database and API Terms of Use (“Terms of Use”) govern your use of our APIs to interface between our Platform and your Applications. Additional terms and conditions will apply in respect of the use of our specific products or services that you use on our Platform.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE API. BY USING THE API, YOU, AS THE API LICENSEE, AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE THEN YOU MUST NOT USE OUR API FOR ANY PURPOSE WHATSOEVER.
2. Updates to these Terms of Use
We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platform. Any new version of these Terms of Use shall take effect and will govern the use of the API immediately upon the date of posting. By continuing to use, you agree to be bound by the terms of these updates and amendments.
3. Definitions
In these Terms of Use, the following terms have the following meaning:
a) API means our application programming interface intended to be used as an interface between our Platform and your Applications, and includes the documents (in whatever media) that accompany the application programming interface.
b) API Data means any data, content, images, photographs, illustrations, icons, texts, video, audio, written materials, software or other content, materials or data that you access or otherwise use on our Platform as part of your use of the API.
c) Applications means any applications or services provided by you through your website or platform.
d) Data Controller, Data Processor, Data Subject, “processing” and “appropriate technical and organisational measures” shall have the meanings ascribed to them in the Data Protection Legislation. Where legislation in more than one jurisdiction is applicable to the parties and there is any conflict between the meanings of a term, the definition of such term in the Data Protection Legislation applicable to the data controller shall prevail.
e) Ordinance and Legislation means the provisions of applicable laws regulating the use and processing of personal data, as may be defined in such provisions, including the GDPR and all implementing laws, the EU Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and all implementing laws, national data protection and privacy laws (including the Swiss Federal Data Protection Act and the Data Protection Ordinance) and all amendments and where applicable, the guidance and codes of practice issued by the relevant data protection regulator.
f) Intellectual Property Rights means copyright, know-how, confidential information, rights in inventions, patents, know-how, trade secrets, trademarks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, mask works, utility models, domain names and all similar rights and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever existing.
g) Losses means all incurred losses, liabilities, damages, costs, claims, demands, actions, proceedings, orders and expenses (including legal fees on a solicitor/client basis) and disbursements and costs of investigation, litigation, settlement, judgment interest and penalties.
h) Personal Data means “personal data” (as defined in the Data Protection Legislation). Where legislation in more than one jurisdiction is applicable to the parties and there is any conflict between the meaning of “personal data”, the definition in the Data Protection Legislation applicable to the Data Controller shall prevail.
i) Platform means our website, www.enquirus.com, comprising our relevant products or services, including developer services, mobile services and any other features, content, or applications offered or operated from time to time by us, whether accessed via the internet, mobile device or other electronic device.
4. Grant of Licence to use API
In consideration of the mutual undertakings agreed under these Terms of Use, we grant you a worldwide, non-exclusive, non-transferable without a right to sublicense to anyone including end users licence to use our API for the purposes of facilitating database searches and population on the Platform subject to the restrictions on use in the Section 5 - Use of the API below. Notwithstanding the foregoing, you must not use the API in conjunction with any commercial purpose other than as agreed between us and you. The grant of the licence to use the API shall continue until terminated in accordance with its terms.
The API licensed under these Terms of Use shall not include any error corrections, patches, fixes, updates, upgrades, new releases or new versions subsequently received (if any) of the API unless separately agreed under the terms of an agreement agreed between us.
5. Your Use of the API
You shall not use the API contrary to any restriction stated in these Terms of Use, or otherwise in a way that is not expressly permitted by these API Terms of Use. Except to the extent such activities are expressly agreed by the parties to these Terms of Use you:
a) must obtain end-user consent to allow the Application to access the Platform through the API;
b) shall ensure that your use of the API is in accordance with all relevant legislation, regulations, codes of practice, guidance and other requirements of any relevant government, governmental or regulatory agency or other relevant body:
c) must not use the API:
- to make any private information on the Platform publicly available on the Application ;
- in connection with a criminal offence under the applicable national laws or regulations or against public order or applicable ethical standards and codes ;
- in any way which causes or is intended to cause annoyance, inconvenience or needless anxiety ;
- for any unlawful purpose whatsoever, including fraud or terrorism ;
- in any way which is abusive, harmful, threatening or defamatory or any other way that may cause offence (including uploading any material that otherwise contains a virus or other malicious code);
- in any way which breaches or could potentially breach a legal duty to a third party (including a duty of confidentiality) or which infringes or could potentially infringe a person’s right to privacy ;
- in any way which promotes discrimination or is likely to incite hatred ;
- in any way which may infringe the Intellectual Property Rights of third parties or which promotes any unlawful act ;
d) shall not distribute, license, sell, rent, lease or otherwise deal in or encumber the API;
e) shall not modify, add to, or otherwise enhance the API;
f) shall not copy the API (or any part of it), except for such back-ups as are reasonably necessary for you to have for the purposes of its lawful use in accordance with applicable laws provided that you keep accurate and up-to-date records of such copies and provide these to us on our reasonable requests;
g) shall not decompile the API (or any part of it), except and only to the extent that such restriction is prohibited by applicable laws;
h) shall ensure that you implement appropriate technical and organisational measures to protect the API Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorised or unlawful processing, accidental loss, destruction or damage to the API Data and having regard to the nature of the API Data which is to be protected;
i) shall not observe, study or test the functioning of the API, except and only to the extent that such restriction is prohibited by applicable laws.
Where you are permitted in accordance with these Terms of Use to allow a third party to benefit from the API, you shall ensure that all such use does not exceed your permitted use, is controlled by you; and is otherwise subject to and in accordance with the terms of these Terms of Use. We have the right at any time to access the Application in order to ensure you are complying with these Terms of Use in respect of use of the API.
6. API Data and other Content
You acknowledge the API Data may contain third party Intellectual Property Rights and you shall ensure that your use of such API Data does not infringe the Intellectual Property Rights of such third parties. In the event of any such infringement, your permission to use API Data will automatically terminate and any copies made of API Data must be immediately destroyed.
We grant you a limited, non-exclusive, revocable, non-assignable and non-transferable license to download, copy, display, view and use API Data for the permitted purposes, provided that you shall not:
remove, alter, or obfuscate any trademark, copyright and other proprietary notices contained in the API Data;
create permanent copies of the API Data except to the extent permitted by these Terms of Use;
without our prior written consent make derivative works of, or commercially distribute or otherwise exploit the API Data, or use the Platform or any of the API Data in a manner that inaccurately suggests an association between you and us or our licensors;
otherwise use or exploit the API Data in any way for any purpose except as specifically permitted by these Terms of Use.
Notwithstanding the foregoing, your right to use the API Data may also be governed by the terms and conditions of the relevant product or service on our Platform.
You grant to API us a royalty-free, irrevocable, non-exclusive, transferable license to use, reproduce, modify, publish, edit, translate, distribute, perform and display any content or material that you provide through the API, for the full term of protection to said content or material granted by national legislation worldwide and international treaties, including any extensions to be brought. The licence is limited to use in our Platform and API.
7. Data Protection
To the extent you are acting as a Data Controller, you will comply with all applicable Data Protection Legislation in respect of your use of the API and API Data and ensure that your collection, use and disclosure of any personal data as part of the use of the API complies with Data Protection Legislation.
To the extent you are acting as a Data Processor, you agree to comply with the data processing addendum agreed between us and you and only process personal data that forms part of the API Data to the extent, and in such manner, as is permitted by the privacy policies of the Platform and Applications.
8. Intellectual Property Rights
Except for your licence right to use the API, Platform and API Data as expressly granted above, all Intellectual Property Rights in and to the API, Platform and API Data shall vest and remain vested in us or our licensors.
To the extent that you acquire any Intellectual Property Rights in the API, Platform or API Data, you shall assign or procure the assignment of such Intellectual Property Rights with full title guarantee (including by way of present assignment of future Intellectual Property Rights) to us or any relevant third party nominated by us. You shall execute all such documents and do such things as we may consider necessary to give effect to this clause.
All Intellectual Property Rights in and to the Applications shall vest and remain vested in us.
You acknowledge that the API and API Data contain confidential and proprietary information and it shall not conceal, modify, remove, destroy or alter in any way any proprietary markings of API Licensor on or in the API, API Data or any related materials and documentation.
All trademarks, logos and service marks (collectively the “Trademarks”) which appear on the Platform or API are our registered and unregistered Trademarks or are licensed for use by us from third parties. Other Trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platform or API should be construed as granting, by implication or otherwise, any licence or right to use any Trademarks displayed on the Platform or API without our written permission or the permission of such third party who owns the Trademark. Misuse of any Trademark displayed on the Platform, or any other content on the Platform, except as provided herein, is strictly prohibited.
9. Warranties and Disclaimers
The API is provided on an “AS IS” basis and:
may not be free of bugs or errors and the existence of minor bugs or errors shall not constitute a breach of these Terms or Use;
we remain responsible for our hardware, content and any other data uploaded through the API;
we accept no responsibility for any liability that arises in connection with third parties unlawfully obtaining access to your API account in order to abuse the nature and intent of the API; and
we accept no responsibility for any liability that arises in connection with the theft of usernames or passwords by unauthorised third parties.
We do not warrant or represent that the API shall be uninterrupted or error free or compatible with third party software or equipment.
Any warranties given by us shall be subject to you using the API in compliance with these Terms of Use, and we shall not be liable under this clause for, or required to remedy, any problem arising from:
any modification made to any part of the API by anyone other than API Licensor without its express prior written consent; or
any defect or error wholly caused by any equipment or third party software used in connection with the API.
SUBJECT TO THE EXPRESS TERMS SET OUT IN THESE TERMS OF USE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES, TERMS AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY IN RELATION TO THE API. WE AND OUR SUPPLIERS MAKE NO WARRANTIES ABOUT ANY API DATA OR ABOUT RESULTS TO BE OBTAINED FROM USING THE API AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY VIRUS OR OTHER MALICIOUS CODE.
10. Limitation of Liability and Indemnity
Subject to the following sub-clauses, in no event shall the aggregate liability of any party to the other, including liability for breach of contract (including under any indemnity), misrepresentation (whether tortuous or statutory), tort (including negligence), breach of statutory duty, warranty, strict liability or any other legal theory howsoever arising, in respect of all Losses arising under these Terms of Use exceed CHF 100,000 under these Terms of Use in respect of any and all claims arising under these Terms of Use.
Under no circumstances shall either party be liable to the other party for any of the following types of loss or damage arising under or in relation to the Terms of Use (whether arising for breach of contract (including under any indemnity), misrepresentation (whether tortuous or statutory), tort (including negligence), breach of statutory duty, warranty, strict liability or any other legal theory howsoever arising) from any loss of profits, business, contracts, anticipated savings, goodwill, or revenue, any wasted expenditure, or any loss or corruption of data (regardless of whether any of these types of loss or damage are direct, indirect or consequential) or any indirect or consequential loss or damage whatsoever.
Notwithstanding the above neither party excludes or limits any liability for:
personal injury (including sickness and death) to the extent that such injury results from the negligence or wilful default of a party or its employees; or
fraud, fraudulent misrepresentation or fraudulent concealment; or
any other liability to the extent the same cannot be excluded or limited by law; or
any liability arising out of the indemnity below or any data processing agreement.
YOU AGREE TO INDEMNIFY US AGAINST ALL LOSSES WHICH WE MAY SUSTAIN OR INCUR IN CONNECTION WITH THE APPLICATIONS INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY AND ANY MISUSE OF THE API OR API DATA, INCLUDING ANY CLAIM THAT YOUR USE OF THE API DATA INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OR PRIVACY RIGHTS OF ANY THIRD PARTY.
11. Termination
In the event of termination of these Terms of Use for any reason:
all licences granted to you under the Terms of Use shall terminate immediately;
you shall within seven days return or destroy (at our option) all our confidential information or API Data in your possession or under your control and all copies of such information; and
all provisions of these Terms of Use shall cease to have effect, except that any provision which can reasonably be inferred as continuing or is expressly stated to continue shall continue in full force and effect.
12. General Provisions
These Terms of Use constitutes the entire agreement between us and you in relation to its subject matter, and replaces and extinguishes all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to that subject matter.
Nothing in these Terms of Use shall (except as expressly provided) be deemed to constitute a partnership, or create a relationship of principal and agent between the parties for any purpose.
No party may assign, novate, transfer, subcontract or encumber any right or obligation under these Terms of Use, in whole or in part, without the other’s prior written consent or except as expressly permitted in these Terms of Use.
If any provision (or part of a provision) of these Terms of Use is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
A waiver of any right under these Terms of Use is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given. No waiver shall be implied by taking or failing to take any other action.
Unless specifically provided otherwise, rights arising under these Terms of Use are cumulative and do not exclude rights provided by law.
13. Applicable Law and Jurisdiction
These Terms of Use and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Switzerland.
We and you irrevocably agree that the courts of the Canton of Geneva, Switzerland, have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Use or its subject matter or formation (including non-contractual disputes or claims).
14. Contact Us
If you have any questions or comments about these Terms of Use, please contact us at - contact@info.enquirus.com.
Last updated: September 2025
1. About these Terms of Use
The API Licensor is Richemont International SA whose registered office is at Chemin de la Chênaie 50, Bellevue, Geneva, 1293 Switzerland (“we”, “us”, “our” or “API Licensor”).
These Database and API Terms of Use (“Terms of Use”) govern your use of our APIs to interface between our Platform and your Applications. Additional terms and conditions will apply in respect of the use of our specific products or services that you use on our Platform.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE API. BY USING THE API, YOU, AS THE API LICENSEE, AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE THEN YOU MUST NOT USE OUR API FOR ANY PURPOSE WHATSOEVER.
2. Updates to these Terms of Use
We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platform. Any new version of these Terms of Use shall take effect and will govern the use of the API immediately upon the date of posting. By continuing to use, you agree to be bound by the terms of these updates and amendments.
3. Definitions
In these Terms of Use, the following terms have the following meaning:
a) API means our application programming interface intended to be used as an interface between our Platform and your Applications, and includes the documents (in whatever media) that accompany the application programming interface.
b) API Data means any data, content, images, photographs, illustrations, icons, texts, video, audio, written materials, software or other content, materials or data that you access or otherwise use on our Platform as part of your use of the API.
c) Applications means any applications or services provided by you through your website or platform.
d) Data Controller, Data Processor, Data Subject, “processing” and “appropriate technical and organisational measures” shall have the meanings ascribed to them in the Data Protection Legislation. Where legislation in more than one jurisdiction is applicable to the parties and there is any conflict between the meanings of a term, the definition of such term in the Data Protection Legislation applicable to the data controller shall prevail.
e) Ordinance and Legislation means the provisions of applicable laws regulating the use and processing of personal data, as may be defined in such provisions, including the GDPR and all implementing laws, the EU Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and all implementing laws, national data protection and privacy laws (including the Swiss Federal Data Protection Act and the Data Protection Ordinance) and all amendments and where applicable, the guidance and codes of practice issued by the relevant data protection regulator.
f) Intellectual Property Rights means copyright, know-how, confidential information, rights in inventions, patents, know-how, trade secrets, trademarks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, mask works, utility models, domain names and all similar rights and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever existing.
g) Losses means all incurred losses, liabilities, damages, costs, claims, demands, actions, proceedings, orders and expenses (including legal fees on a solicitor/client basis) and disbursements and costs of investigation, litigation, settlement, judgment interest and penalties.
h) Personal Data means “personal data” (as defined in the Data Protection Legislation). Where legislation in more than one jurisdiction is applicable to the parties and there is any conflict between the meaning of “personal data”, the definition in the Data Protection Legislation applicable to the Data Controller shall prevail.
i) Platform means our website, www.enquirus.com, comprising our relevant products or services, including developer services, mobile services and any other features, content, or applications offered or operated from time to time by us, whether accessed via the internet, mobile device or other electronic device.
4. Grant of Licence to use API
In consideration of the mutual undertakings agreed under these Terms of Use, we grant you a worldwide, non-exclusive, non-transferable without a right to sublicense to anyone including end users licence to use our API for the purposes of facilitating database searches and population on the Platform subject to the restrictions on use in the Section 5 - Use of the API below. Notwithstanding the foregoing, you must not use the API in conjunction with any commercial purpose other than as agreed between us and you. The grant of the licence to use the API shall continue until terminated in accordance with its terms.
The API licensed under these Terms of Use shall not include any error corrections, patches, fixes, updates, upgrades, new releases or new versions subsequently received (if any) of the API unless separately agreed under the terms of an agreement agreed between us.
5. Your Use of the API
You shall not use the API contrary to any restriction stated in these Terms of Use, or otherwise in a way that is not expressly permitted by these API Terms of Use. Except to the extent such activities are expressly agreed by the parties to these Terms of Use you:
a) must obtain end-user consent to allow the Application to access the Platform through the API;
b) shall ensure that your use of the API is in accordance with all relevant legislation, regulations, codes of practice, guidance and other requirements of any relevant government, governmental or regulatory agency or other relevant body:
c) must not use the API:
- to make any private information on the Platform publicly available on the Application ;
- in connection with a criminal offence under the applicable national laws or regulations or against public order or applicable ethical standards and codes ;
- in any way which causes or is intended to cause annoyance, inconvenience or needless anxiety ;
- for any unlawful purpose whatsoever, including fraud or terrorism ;
- in any way which is abusive, harmful, threatening or defamatory or any other way that may cause offence (including uploading any material that otherwise contains a virus or other malicious code);
- in any way which breaches or could potentially breach a legal duty to a third party (including a duty of confidentiality) or which infringes or could potentially infringe a person’s right to privacy ;
- in any way which promotes discrimination or is likely to incite hatred ;
- in any way which may infringe the Intellectual Property Rights of third parties or which promotes any unlawful act ;
d) shall not distribute, license, sell, rent, lease or otherwise deal in or encumber the API;
e) shall not modify, add to, or otherwise enhance the API;
f) shall not copy the API (or any part of it), except for such back-ups as are reasonably necessary for you to have for the purposes of its lawful use in accordance with applicable laws provided that you keep accurate and up-to-date records of such copies and provide these to us on our reasonable requests;
g) shall not decompile the API (or any part of it), except and only to the extent that such restriction is prohibited by applicable laws;
h) shall ensure that you implement appropriate technical and organisational measures to protect the API Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorised or unlawful processing, accidental loss, destruction or damage to the API Data and having regard to the nature of the API Data which is to be protected;
i) shall not observe, study or test the functioning of the API, except and only to the extent that such restriction is prohibited by applicable laws.
Where you are permitted in accordance with these Terms of Use to allow a third party to benefit from the API, you shall ensure that all such use does not exceed your permitted use, is controlled by you; and is otherwise subject to and in accordance with the terms of these Terms of Use. We have the right at any time to access the Application in order to ensure you are complying with these Terms of Use in respect of use of the API.
6. API Data and other Content
You acknowledge the API Data may contain third party Intellectual Property Rights and you shall ensure that your use of such API Data does not infringe the Intellectual Property Rights of such third parties. In the event of any such infringement, your permission to use API Data will automatically terminate and any copies made of API Data must be immediately destroyed.
We grant you a limited, non-exclusive, revocable, non-assignable and non-transferable license to download, copy, display, view and use API Data for the permitted purposes, provided that you shall not:
remove, alter, or obfuscate any trademark, copyright and other proprietary notices contained in the API Data;
create permanent copies of the API Data except to the extent permitted by these Terms of Use;
without our prior written consent make derivative works of, or commercially distribute or otherwise exploit the API Data, or use the Platform or any of the API Data in a manner that inaccurately suggests an association between you and us or our licensors;
otherwise use or exploit the API Data in any way for any purpose except as specifically permitted by these Terms of Use.
Notwithstanding the foregoing, your right to use the API Data may also be governed by the terms and conditions of the relevant product or service on our Platform.
You grant to API us a royalty-free, irrevocable, non-exclusive, transferable license to use, reproduce, modify, publish, edit, translate, distribute, perform and display any content or material that you provide through the API, for the full term of protection to said content or material granted by national legislation worldwide and international treaties, including any extensions to be brought. The licence is limited to use in our Platform and API.
7. Data Protection
To the extent you are acting as a Data Controller, you will comply with all applicable Data Protection Legislation in respect of your use of the API and API Data and ensure that your collection, use and disclosure of any personal data as part of the use of the API complies with Data Protection Legislation.
To the extent you are acting as a Data Processor, you agree to comply with the data processing addendum agreed between us and you and only process personal data that forms part of the API Data to the extent, and in such manner, as is permitted by the privacy policies of the Platform and Applications.
8. Intellectual Property Rights
Except for your licence right to use the API, Platform and API Data as expressly granted above, all Intellectual Property Rights in and to the API, Platform and API Data shall vest and remain vested in us or our licensors.
To the extent that you acquire any Intellectual Property Rights in the API, Platform or API Data, you shall assign or procure the assignment of such Intellectual Property Rights with full title guarantee (including by way of present assignment of future Intellectual Property Rights) to us or any relevant third party nominated by us. You shall execute all such documents and do such things as we may consider necessary to give effect to this clause.
All Intellectual Property Rights in and to the Applications shall vest and remain vested in us.
You acknowledge that the API and API Data contain confidential and proprietary information and it shall not conceal, modify, remove, destroy or alter in any way any proprietary markings of API Licensor on or in the API, API Data or any related materials and documentation.
All trademarks, logos and service marks (collectively the “Trademarks”) which appear on the Platform or API are our registered and unregistered Trademarks or are licensed for use by us from third parties. Other Trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platform or API should be construed as granting, by implication or otherwise, any licence or right to use any Trademarks displayed on the Platform or API without our written permission or the permission of such third party who owns the Trademark. Misuse of any Trademark displayed on the Platform, or any other content on the Platform, except as provided herein, is strictly prohibited.
9. Warranties and Disclaimers
The API is provided on an “AS IS” basis and:
may not be free of bugs or errors and the existence of minor bugs or errors shall not constitute a breach of these Terms or Use;
we remain responsible for our hardware, content and any other data uploaded through the API;
we accept no responsibility for any liability that arises in connection with third parties unlawfully obtaining access to your API account in order to abuse the nature and intent of the API; and
we accept no responsibility for any liability that arises in connection with the theft of usernames or passwords by unauthorised third parties.
We do not warrant or represent that the API shall be uninterrupted or error free or compatible with third party software or equipment.
Any warranties given by us shall be subject to you using the API in compliance with these Terms of Use, and we shall not be liable under this clause for, or required to remedy, any problem arising from:
any modification made to any part of the API by anyone other than API Licensor without its express prior written consent; or
any defect or error wholly caused by any equipment or third party software used in connection with the API.
SUBJECT TO THE EXPRESS TERMS SET OUT IN THESE TERMS OF USE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES, TERMS AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY IN RELATION TO THE API. WE AND OUR SUPPLIERS MAKE NO WARRANTIES ABOUT ANY API DATA OR ABOUT RESULTS TO BE OBTAINED FROM USING THE API AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY VIRUS OR OTHER MALICIOUS CODE.
10. Limitation of Liability and Indemnity
Subject to the following sub-clauses, in no event shall the aggregate liability of any party to the other, including liability for breach of contract (including under any indemnity), misrepresentation (whether tortuous or statutory), tort (including negligence), breach of statutory duty, warranty, strict liability or any other legal theory howsoever arising, in respect of all Losses arising under these Terms of Use exceed CHF 100,000 under these Terms of Use in respect of any and all claims arising under these Terms of Use.
Under no circumstances shall either party be liable to the other party for any of the following types of loss or damage arising under or in relation to the Terms of Use (whether arising for breach of contract (including under any indemnity), misrepresentation (whether tortuous or statutory), tort (including negligence), breach of statutory duty, warranty, strict liability or any other legal theory howsoever arising) from any loss of profits, business, contracts, anticipated savings, goodwill, or revenue, any wasted expenditure, or any loss or corruption of data (regardless of whether any of these types of loss or damage are direct, indirect or consequential) or any indirect or consequential loss or damage whatsoever.
Notwithstanding the above neither party excludes or limits any liability for:
personal injury (including sickness and death) to the extent that such injury results from the negligence or wilful default of a party or its employees; or
fraud, fraudulent misrepresentation or fraudulent concealment; or
any other liability to the extent the same cannot be excluded or limited by law; or
any liability arising out of the indemnity below or any data processing agreement.
YOU AGREE TO INDEMNIFY US AGAINST ALL LOSSES WHICH WE MAY SUSTAIN OR INCUR IN CONNECTION WITH THE APPLICATIONS INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY AND ANY MISUSE OF THE API OR API DATA, INCLUDING ANY CLAIM THAT YOUR USE OF THE API DATA INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OR PRIVACY RIGHTS OF ANY THIRD PARTY.
11. Termination
In the event of termination of these Terms of Use for any reason:
all licences granted to you under the Terms of Use shall terminate immediately;
you shall within seven days return or destroy (at our option) all our confidential information or API Data in your possession or under your control and all copies of such information; and
all provisions of these Terms of Use shall cease to have effect, except that any provision which can reasonably be inferred as continuing or is expressly stated to continue shall continue in full force and effect.
12. General Provisions
These Terms of Use constitutes the entire agreement between us and you in relation to its subject matter, and replaces and extinguishes all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to that subject matter.
Nothing in these Terms of Use shall (except as expressly provided) be deemed to constitute a partnership, or create a relationship of principal and agent between the parties for any purpose.
No party may assign, novate, transfer, subcontract or encumber any right or obligation under these Terms of Use, in whole or in part, without the other’s prior written consent or except as expressly permitted in these Terms of Use.
If any provision (or part of a provision) of these Terms of Use is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
A waiver of any right under these Terms of Use is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given. No waiver shall be implied by taking or failing to take any other action.
Unless specifically provided otherwise, rights arising under these Terms of Use are cumulative and do not exclude rights provided by law.
13. Applicable Law and Jurisdiction
These Terms of Use and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Switzerland.
We and you irrevocably agree that the courts of the Canton of Geneva, Switzerland, have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Use or its subject matter or formation (including non-contractual disputes or claims).
14. Contact Us
If you have any questions or comments about these Terms of Use, please contact us at - contact@info.enquirus.com.
