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TERMS AND CONDITIONS (T&C) 1. Introduction These terms govern the access and use of the Tirreno API (hereinafter referred to as "the API") provided by Tirreno Technologies Sàrl (Route des Flumeaux 48, 1008 Prilly, Switzerland). The API offers enrichment API for lawful purposes. By using the API, users agree to comply with these terms and all relevant local and international laws. BY ACCEPTING THESE TERMS OR BY USING tirreno IN ANY MANNER, YOU—THE ENTITY YOU REPRESENT AND ANY AFFILIATE OF SUCH ENTITY—AGREE THAT YOU HAVE READ AND ARE BOUND BY THIS AGREEMENT. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to comply with all of its terms and conditions. You further warrant that you are a corporation or other legal business entity, that the entity is validly formed and existing under the laws of its jurisdiction, and that its agent(s) have been duly authorized to enter into this Agreement on its behalf. 2. Purpose The API is intended for legitimate business use cases, including but not limited to: - Regulatory compliance - Network security monitoring - Cybersecurity threat detection and analysis - Fraud Protection and mitigation The API must not be used for unauthorized surveillance, invasion of privacy, or any activities that violate local or international laws. 3. Subscription Model 3.1 Access to the API is available through subscription plans based on usage tiers, with each plan providing a defined number of API requests per month. Users are required to select a plan that aligns with their usage needs. Subscription fees are billed monthly in advance. 3.2 Any unused API requests at the end of the billing cycle will not be refunded or carried over to the next month. Users are encouraged to monitor their usage to maximize their plan’s value. 3.3 If a user cancels their subscription, access to the API will remain active until the end of the current billing cycle. However, any unused requests at the time of cancellation will be non-refundable, and users will not be entitled to a refund or any compensation for the remaining requests. 3.4 Users are responsible for monitoring their API request usage. If the number of requests exceeds the limit of their chosen subscription plan, users may face temporary access restrictions. 3.5 Users can upgrade or downgrade their subscription plan at any time. Upgrades will take effect in 24 hours, with prorated fees charged for the remainder of the current billing cycle. Downgrades will take effect at the start of the next billing cycle, and no refunds will be provided for unused requests from a higher plan. 4. Data Processing and Protection 4.1 It is the sole responsibility of the user to determine whether any data retrieved from the Tirreno API constitutes personal data under applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR), the Swiss Federal Act on Data Protection (FADP), and other relevant privacy laws. The user is responsible for ensuring that they have all necessary legal bases to process the data, including obtaining any required consents or authorizations from individuals if applicable. Users must also take any steps necessary to comply with the obligations imposed by these laws, including (but not limited to): - Data minimization, - Securing appropriate legal bases for processing, - Implementing data subject rights, - Ensuring data transfers are compliant with relevant cross-border data transfer rules. Tirreno Technologies Sàrl does not provide legal advice on the handling of personal data and does not assume responsibility for the user’s compliance with such regulations. 4.2 The data retrieved from the API is to be used solely for the legitimate purposes defined by the user’s business or operational needs. Users are responsible for ensuring the lawful use and secure handling of the data. 4.3 Users must ensure that they collect and process only the data necessary for their intended purposes. Over-collection or unnecessary data processing is not allowed. 4.4 Users must implement appropriate security measures to protect the data accessed through the API. This includes encryption of data transfers, access control, and periodic security reviews. 4.5 Users should limit the storage of data obtained from the API to the period necessary for its intended purpose. Data must be securely deleted or anonymized when no longer needed. 5. Prohibited Uses and Restrictions 5.1 You are prohibited from reselling, sublicensing, leasing, renting, or distributing any data obtained from the Tirreno API to third parties in any form. This includes, but is not limited to, the distribution of unaltered or trivially modified versions of the data. 5.2 You may not publicly publish, share, or disclose any data retrieved from the Tirreno API in a manner that allows the general public or any third party to access a substantial portion of the data. 5.3 Modifying or altering the data retrieved from the API in a superficial or trivial manner (e.g., adding or renaming columns without substantially altering the original content) for the purpose of disguising its origin, facilitating redistribution, or reselling the data is strictly prohibited. 5.4 You may not provide or grant third parties direct or indirect access to any data retrieved from the Tirreno API, including through external APIs, web services, or other mechanisms that allow access, extraction, or sharing of the data with unauthorized parties. 5.5 You are prohibited from creating derivative databases, products, or services that replicate, extract, or allow reconstruction of any substantial portion of the Tirreno API data. This includes any form of cloning or reverse-engineering that leads to the reproduction of the original data. 5.6 Tirreno Technologies Sàrl reserves the right to terminate your access to its databases and API services if you violate any of these terms. Upon termination, you must immediately cease all use of the data and delete any copies in your possession. Failure to comply with this requirement may result in legal action or other measures to enforce compliance. 6. Data Reproduction Limitations 6.1 Users are prohibited from reproducing, distributing, or sharing of the data retrieved from the API without prior written consent from Tirreno Technologies Sàrl. This applies to both aggregated and disaggregated forms of the data. 6.2 Bulk export of data obtained through the API for external use or resale is prohibited. Any data sharing must comply with the reproduction limitations and receive prior approval from Tirreno Technologies Sàrl. 7. Security Measures 7.1 All data transfers between the user’s systems and the API must be encrypted using industry-standard encryption protocols (e.g., TLS) to ensure the confidentiality and security of the data. 7.2 Users must implement strict access control measures to limit API access to authorized personnel only. 7.3 If a user becomes aware of a security breach involving data obtained from the API, they must notify Tirreno Technologies Sàrl immediately and take necessary action to mitigate the breach. 8. API Consumption Terms 8.1 Users must comply with a fair usage policy, ensuring that their API usage does not negatively impact the performance or availability of the API for other users. Excessive usage beyond fair limits may result in access restrictions or additional charges. 8.2 Each subscription plan includes a rate limit for API requests (e.g., number of requests per minute or hour). Exceeding the rate limit may result in delayed responses or access restrictions. 8.3 Users are responsible for safeguarding their API keys and ensuring they are not shared with unauthorized individuals. Any misuse or unauthorized access resulting from compromised API keys is the responsibility of the user. 8.4 Tirreno Technologies Sàrl may log and audit API usage for billing, compliance, and security purposes. These logs may be reviewed in the event of suspected violations of these terms. 8.5 While Tirreno Technologies Sàrl strives to ensure the continuous availability of the API, it cannot guarantee uninterrupted service due to factors such as scheduled maintenance, outages, or force majeure events. Users will be notified in advance of planned maintenance periods where possible. 9. Fees 9.1 In case of selection paid subscription to the Services Tirreno will charge You for all Fees specified in the invoice and You shall pay any such Fees using the selected and mutually agreed upon payment method. 9.2 The Fees set forth in the invoice are due within fourteen (14) days after the receipt of an invoice, unless otherwise specified. 9.3 You hereby understand and agree that if you exceed your maximum number of Actions in any given calendar month, Tirreno reserves the right to increase your fees for the overages. 9.4 Tirreno, in its sole discretion and with or without notice, may suspend or terminate any Services if Your payment of any applicable Fees is more than fourteen (14) days past due. 9.5 You consent to receive invoices via electronic mail. 9.6 You are responsible for providing Tirreno complete and accurate billing and contact information as well as maintaining such information. 9.7 In the event you purchase Tirreno services through our website your order will be processed by our online reseller and Merchant of Record, Paddle, who may also handle all customer service inquiries and returns. More information can be found in the Terms and Conditions and Privacy Policy. 10. Termination and Suspension of Access Tirreno Technologies Sàrl reserves the right to terminate or suspend a user’s access to the API if: - The user violates any of the terms outlined in this agreement. - The user engages in activities that harm the API or other users. - The user fails to meet financial obligations under their subscription plan. Termination of access does not relieve the user from any outstanding payment obligations. 11. Refunds tirreno may choose to make a refund of prepaid fees for the Services at its sole discretion, however tirreno shall have no obligation to refund any portion of any fees in the event that you wish to discontinue use of all or part of the Service, or in the event that your access is terminated by Tirreno as a result of you failing to comply with these Terms. 12. Limitation of Liability Tirreno Technologies Sàrl is not liable for any direct or indirect damages arising from the use of the API, including data loss, service interruptions, or misuse of the data. Users assume full responsibility for their use of the API and agree to indemnify and hold Tirreno Technologies Sàrl harmless from any legal claims arising from their actions. 13. Disclaimer and No Warranty for Inaccurate Information 13.1 While Tirreno Technologies Sàrl strives to provide accurate and up-to-date information through the API, the data is obtained from various third-party sources, and as such, Tirreno Technologies Sàrl does not guarantee the accuracy, completeness, reliability, or timeliness of the data provided. 13.2 The API and all data provided are made available on an "as is" and "as available" basis. Tirreno Technologies Sàrl makes no warranties, express or implied, regarding the accuracy, reliability, or availability of the data. Users acknowledge that the information obtained through the API may contain inaccuracies or errors. 14. Modifications to Terms Tirreno Technologies Sàrl reserves the right to modify these terms as necessary to reflect changes in the API service, legal requirements, or business needs. Users will be notified of significant changes, and continued use of the API after such updates constitutes acceptance of the modified terms. 15. Copyright and trademark notices All source code, executable code, page designs and other copyrightable material are Copyright © 2024 Tirreno Techologies Sàrl or used under license from the copyright owner. All rights reserved. Any rights not expressly granted herein are reserved. 16. Miscellaneous 16.1 In the event that any provision or portion of this Agreement shall be declared invalid or unenforceable for any reason by a court of competent jurisdiction, such provision or portion shall be considered separate and apart from the remainder of this Agreement, which shall remain in full force and effect. 16.2 The Customer hereby grants Tirreno a non-exclusive right and license to use Customer’s trade names, trademarks, service marks, trade dress or logos to promote the Services, including the right to publicly identify the Customer as a customer of Tirreno. 16.3. The Agreement shall be governed by and construed in accordance with the laws of Switzerland. 16.4. Any disputes arising from the implementation of these Agreement will be settled on an amicable basis (through mutual negotiations), and in the event of failure to reach an agreement by the court competent for the seat of Tirreno. 16.5. All notifications connected with these Agreement shall be made in writing and sent to us by email to the following addresses: team@tirreno.com This statement was last revised on 22 October 2024. |
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