The following terms and conditions incorporate a legal agreement between you (“Customer”) and paxfiles.com (“paxfiles.com”) and set forth the terms and conditions by which paxfiles.com will make the paxfiles.com API service available in order to electronically provide Customer with use of and access to paxfiles.com Data & Services.
paxfiles.com API Services
For the purposes of this Agreement, “paxfiles.com API Services” shall consist of:
- all APIS- and country data, sanctions lists and information feeds, generated documents and files, media, software, and/or electronic documentation made available or supplied by paxfiles.com or its licensees and
- certain other software, data, and/or documents supplied by paxfiles.com or its licensees to facilitate use of such data or services. “paxfiles.com API Data and Services” means paxfiles.com’s service or application programming interface that allows Customer and other authorized licensees to access paxfiles.com API Data & Services and make use of paxfiles.com API Services. This Agreement includes all amendments, addendums, and revisions to the terms herein in effect between Customer and paxfiles.com from time to time.
By accessing or otherwise using the paxfiles.com API, Customer acknowledges that:
- has read all of the terms and conditions of this Agreement;
- agrees to be bound by the terms and conditions of this Agreement;
- agrees to check the paxfiles.com API pages from time to time for any updates or amendments to the terms and conditions of this Agreement; and,
- has the power and authority to enter into this Agreement. If Customer does not acknowledge the above, Customer may not access or use the paxfiles.com API. If Customer is dissatisfied with the terms, conditions, rules, policies, guidelines, or practices of paxfiles.com, Customer’s sole and exclusive remedy is to discontinue accessing or otherwise using the paxfiles.com API.
https://paxfiles.com and any registered sub domains thereof is a site operated by paxfiles.com, an Austrian technology company registered in Bad Erlach, Austria at the following location:
2823 Bad Erlach
Scope of License
Grant of License
paxfiles.com hereby grants to Customer a non-transferable, non-exclusive, revocable, and limited license for the term of this Agreement to access the paxfiles.com API and use paxfiles.com API Data & Services strictly for the limited purposes, and under the terms and conditions, as are set forth in this Agreement.
Scope of the paxfiles.com API License
Subject to Customer’s compliance with the terms of this Agreement, Customer is hereby permitted to receive, process, and display paxfiles.com API Data & Services to individual end-users of Customer’s application(s), provided that Customer does not permit Customer’s end users to store, distribute, or otherwise exploit paxfiles.com API Data & Services for any other purposes.
For clarity, and without limiting the forgoing, Customer is permitted solely to use paxfiles.com API Data & Services for reference by Customer’s end users. Except as expressly provided herein, under no circumstances whatsoever may Customer transfer or permit the transfer of paxfiles.com API Data & Services outside of Customer’s application(s).
Use of License
Customer shall not:
- reproduce, copy, modify, distribute, market, display, transfer, sublicense, assign, prepare derivative work(s) or adaptation(s) based on, sell, exchange, barter or transfer, rent, lease, loan, time-share, resell, or in any other manner exploit paxfiles.com API Data & Services or the paxfiles.com API;
- make access to paxfiles.com API Data & Services or the paxfiles.com API available to unauthorized parties, or otherwise post or distribute paxfiles.com API Data & Services in any public forum including, but not limited to, print, newsletters, radio, television, or internet;
- remove, obscure, or alter any required notice or any notice of paxfiles.com’s intellectual property rights present on or in the paxfiles.com API, including, but not limited to, copyright, trademark, and/or patent notices;
- disassemble, translate, reverse engineer or otherwise decompile paxfiles.com API Data & Services or the paxfiles.com API;
- knowingly cause or permit anything that will impair, jeopardize, violate, or infringe the intellectual property rights of paxfiles.com in paxfiles.com API Data & Services or the paxfiles.com API;
- directly or indirectly dispute or contest the ownership, validity, or enforceability of the intellectual property rights of paxfiles.com in paxfiles.com API Data & Services or the paxfiles.com API, or assist any party to do so;
- through Customer’s use of paxfiles.com API Data & Services or the paxfiles.com API, knowingly cause or permit anything that Customer knows or ought to know will prejudice or hamper the reputation or goodwill of paxfiles.com;
- claim, use, or apply to register, record, or file any trade mark, trade name, copyright, or design that is identical or confusingly similar to paxfiles.com’s trademarks, or assist any other party to do so;
- use, store, or access any paxfiles.com API Data & Services, or the paxfiles.com API after the termination of this Agreement;
- use or permit others to use, market, distribute, or export paxfiles.com API Data & Services, or the paxfiles.com API; or,
- use paxfiles.com API Data & Services or the paxfiles.com API in any manner or for any purpose that violates any law, regulation or right of any person.
Customer’s Responsibility to Safeguard
Customer shall use their best efforts and take all necessary steps to safeguard paxfiles.com API Data & Services to ensure that no unauthorized reproduction, publication, disclosure, modification, distribution, or other use of any paxfiles.com API Data & Services is made in whole or in part. To the extent that Customer becomes aware of any such unauthorized use of paxfiles.com API Data & Services, Customer shall immediately notify paxfiles.com by emailing “info [at] paxfiles.com”.
Misuse of the Licensed Product
In the event that Customer or any end users use paxfiles.com API Data & Services or the paxfiles.com API in violation of this Agreement, as applicable, paxfiles.com shall have the option of electing liquidated damages.
Services and Data
Use of the paxfiles.com API
Subject to the terms herein, paxfiles.com will provide Customer with access to paxfiles.com API Data & Services over the Internet through the paxfiles.com API. All calls to the paxfiles.com API must reference the credentials issued to Customer by paxfiles.com. Customer may not disclose Customer’s credentials to any other party. Customer is solely responsible for ensuring the secrecy and security of Customer’s credentials and will be responsible for all activities that occur using such credentials. Customer shall not use the paxfiles.com API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.
The extent of Customer’s usage of the paxfiles.com API is dependent on Customer’s subscription plan. Customer shall not exceed the usage limits associated with Customer’s account. Unused amounts of call usage will not be carried over from one monthly period to the next. If Customer exceeds the monthly usage limit, the paxfiles.com API will return an error message stating that Customer’s monthly usage limit has been reached and no further API calls can be made within the current monthly term. It is Customer’s sole responsibility to ensure that Customer’s application(s) properly detect and handle any returned error messages. paxfiles.com will make reasonable efforts to help Customer identify and resolve usage problems, or to review the suitability of Customer’s current subscription plan for Customer’s needs. paxfiles.com reserves the right to limit or throttle the number of network calls available to Customer’s application(s) if paxfiles.com (in its sole discretion) believes that such calls are being made for malicious reasons, or as the result of a technical error.
Responsibility for Software and Hardware
Customer shall be solely responsible for acquiring, providing, and maintaining all software/hardware and Internet Services required to access the paxfiles.com API, including but not limited to telecommunication and internet connections, ISP, web browsers, and/or other equipment and software required to access and use the paxfiles.com API.
Services May Be Inaccessible Or Inoperable
Customer hereby acknowledges that from time to time, the paxfiles.com API may be inaccessible or inoperable for any reason, including, without limitation:
- equipment (hardware) malfunctions;
- software malfunctions;
- periodic maintenance procedures or repairs which paxfiles.com may undertake from time to time; and/or,
- causes beyond the reasonable control of paxfiles.com and/or not reasonably foreseeable by paxfiles.com.
- any case of force majeure. Force majeure includes, but is not limited to, seizure, disease, war, revolution, strike, insurrection, computer virus or hacking attacks, lockout, failure of vehicles, absence of hosting services, unavailability or interruption or delay of telecommunication services, either at the Customer or at any of the hosting providers.
Right to Change Content or Format
Customer acknowledges that paxfiles.com may from time to time, and in its sole discretion, update or change the content or format of paxfiles.com API Data or the paxfiles.com API. paxfiles.com shall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since paxfiles.com strives to accurately reflect these and adjust to these changes, significant advance notice is not always possible. Customer may be required to use the most recent version of the paxfiles.com API in order to ensure functionality of Customer’s application(s) with paxfiles.com API Data & Services.
Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Each Subscriber agrees that paxfiles.com may include such Subscriber’s name and trademarks in a list of paxfiles.com Subscribers, online or in promotional materials. Each Subscriber also agrees that paxfiles.com may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this section by contacting paxfiles.com Support.
“paxfiles.com”, the paxfiles.com logo and other identifying marks of paxfiles.com are and shall remain the trademarks and trade names and exclusive property of paxfiles.com, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners.
Licensed, Not Sold
Use of paxfiles.com API Data & Services and the paxfiles.com API is licensed, and not sold.
Consent to Collection, Use, Retention, and Disclosure of Information
No Granting of Ownership Rights
Customer acknowledges that paxfiles.com owns all right, title, and interest (including but not limited to all copyright rights therein) in and to the paxfiles.com API Data & Services or the paxfiles.com API, and that Customer shall not take any action inconsistent with such ownership. Nothing contained in this Agreement shall be construed as granting Customer or any end users any ownership rights in or to any paxfiles.com API Data & Services or the paxfiles.com API.
paxfiles.com’s Right to Terminate
paxfiles.com reserves the right at any time to terminate this Agreement, or withdraw from distributing paxfiles.com API Data & Services or providing access to the paxfiles.com API.
Provided in Good Faith
The paxfiles.com API is provided by paxfiles.com in good faith and although paxfiles.com endeavours to ensure that paxfiles.com API Data & Services and the paxfiles.com API are accurate and obtained from sources believed to be reliable, paxfiles.com does not guarantee or warrant:
- the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of paxfiles.com API Data & Services or the paxfiles.com API; or
- that the paxfiles.com API Data & Services or the paxfiles.com API is free from errors or other material defects.
The paxfiles.com API and paxfiles.com API Data & Services are provided “as is” and “as available”, without any warranty of any kind and paxfiles.com, its affiliates, agents and/or suppliers, officers, directors, and employees expressly disclaim any and all warranties, whether expressed or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of third parties. In no event shall paxfiles.com be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In no event shall paxfiles.com, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the paxfiles.com API, be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In the event the limitations and disclaimers contained in this Article are found by a court of competent jurisdiction to be ineffective or inapplicable, the parties agree that paxfiles.com’s maximum aggregate liability to Customer and all end users, whether arising in contract, tort, strict liability, or otherwise, shall be limited, and in no event shall it exceed, the amount of fees paid by Customer for the current term.
paxfiles.com does not represent or warrant that the paxfiles.com API, or access to the paxfiles.com API, will be uninterrupted or error-free or that errors in the paxfiles.com API and/or paxfiles.com API Data & Services will be corrected.
In no event shall paxfiles.com, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the paxfiles.com API be liable to Customer or to any end users in any manner whatsoever for any interruptions, delays, the unavailability or inoperability, inaccuracies, errors, or omissions, regardless of cause, in the paxfiles.com API and/or the paxfiles.com API Data & Services or for any losses, damages, liabilities or expenses resulting therefrom regardless of cause, even if paxfiles.com knew or should have known of the possibility of or could have prevented such damages.
Indemnification by Customer
Customer shall indemnify, defend, and save harmless paxfiles.com, its affiliates and subsidiaries, and their officers, directors, employees and agents from any loss, damage, liability or expense (including reasonable attorneys’ fees, accountants’ fees and other legal expenses) to which any of them may become subject to and which are in any way related to or which have arisen under or in connection with:
- any act or omission by Customer or any person connected, affiliated, or associated with Customer with respect to this Agreement and/or the paxfiles.com API; and/or,
- any non-fulfillment or breach of any covenant or agreement on Customer’s part pursuant to this Agreement or any incorrectness in or breach of any representation or warranty made by Customer contained in this Agreement.
These Terms & Conditions incorporate by reference all notices and disclaimers contained in the Services constitute the entire agreement between you and paxfiles.com with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms & Conditions supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and paxfiles.com relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and paxfiles.com.
If any provision of these Terms & Conditions is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms & Conditions shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. paxfiles.com’s failure to insist upon, or enforce, strict performance of any right or provision of these Terms & Conditions shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms & Conditions.
These Terms & Conditions, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Austrian law. We both agree to the exclusive jurisdiction of the courts of Austria.
Should you have any questions, complaints, or comments about these Terms & Conditions, this service, or website, or require further clarification of any kind, please do not hesitate to contact our team.
Last modified: 05 OCT 2021