Vienna Office (HQ)
Elisabethstrasse 15/5
1010 Vienna
Austria

Grant of License

Apilayer hereby grants to You a non-transferable, non-exclusive, revocable, and limited license for the term of this Agreement to access the countrylayer API and use countrylayer API Data & Services strictly for the limited purposes, and under the terms and conditions, as are set forth in this Agreement.

Scope of the Countrylayer API License

Subject to Your compliance with the terms of this Agreement, You are hereby permitted to receive, process, and display Countrylayer API Data & Services to individual end-users of your application(s), provided

• • Such end users use Countrylayer API Data & Services strictly for their own personal use.
  • You do not permit Your end users to store, distribute, or otherwise exploit Countrylayer API Data & Services for any other purposes.

For clarity, and without limiting the forgoing, You are permitted solely to use countrylayer API Data & Services for reference by Your end users. Except as expressly provided herein, under no circumstances whatsoever may You transfer or permit the transfer of countrylayer API Data & Services outside of your application(s).

Use of License

Restrictions

You 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 countrylayer API Data & Services or the countrylayer API;
  • Make access to cou API Data & Services or the countrylayer API available to unauthorized parties, or otherwise post or distribute countrylayer 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 apilayer’s intellectual property rights present on or in the countrylayer API, including, but not limited to, copyright, trademark, and/or patent notices;
  • Disassemble, translate, reverse engineer or otherwise decompile countrylayer API Data & Services or the countrylayer API;
  • Knowingly cause or permit anything that will impair, jeopardize, violate, or infringe the intellectual property rights of apilayer in countrylayer API Data & Services or the countrylayer API;
  • Directly or indirectly dispute or contest the ownership, validity, or enforceability of the intellectual property rights of apilayer in countrylayer API Data & Services or the countrylayer API, or assist any party to do so;
  • Through Your use of countrylayer API Data & Services or the countrylayer API, knowingly cause or permit anything that You know or ought to know will prejudice or hamper the reputation or goodwill of apilayer;
  • Claim, use, or apply to register, record, or file any trade mark, trade name, copyright, or design that is identical or confusingly similar to apilayer’s trademarks, or assist any other party to do so;
  • Use, store, or access any countrylayer API Data & Services, or the countrylayer API after the termination of this Agreement;
  • Use or permit others to use, market, distribute, or export countrylayer API Data & Services, or the countrylayer API; or,
  • Use countrylayer API Data & Services or the countrylayer API in any manner or for any purpose that violates any law, regulation or right of any person.

Attribution

While usage of the countrylayer API is not subject to Your end users being made aware by You that apilayer is supplying the functionality you are making use of in your application(s), Your inclusion of a clickable hyperlink to the countrylayer API website at https://countrylayer.com would be highly appreciated.

Your Responsibility to Safeguard

You shall use Your best efforts and take all necessary steps to safeguard countrylayer API Data & Services to ensure that no unauthorized reproduction, publication, disclosure, modification, distribution, or other use of any countrylayer API Data & Services is made in whole or in part. To the extent that You become aware of any such unauthorized use of countrylayer API Data & Services, You shall immediately notify apilayer by emailing “[email protected]”.

Misuse of the Licensed Product

In the event that You or any end users use countrylayer API Data & Services or the countrylayer API in violation of this Agreement, as applicable, apilayer shall have the option of electing liquidated damages.

Services and Data

Use of the countrylayer API

Subject to the terms herein, apilayer will provide You with access to countrylayer API Data & Services over the Internet through the countrylayer API. All calls to the countrylayer API must reference the credentials issued to You by apilayer. You may not disclose Your credentials to any other party. You are solely responsible for ensuring the secrecy and security of Your credentials and will be responsible for all activities that occur using such credentials. You shall not use the countrylayer API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.

Usage Limits

The extent of Your usage of the countrylayer API is dependent on Your subscription plan. You shall not exceed the usage limits associated with Your account. Unused amounts of call usage will not be carried over from one monthly period to the next. If You exceed Your monthly usage limit, the countrylayer API will return an error message stating that Your monthly usage limit has been reached and no further API calls can be made within the current monthly term. It is Your sole responsibility to ensure that your application(s) properly detect and handle any returned error messages. apilayer will make reasonable efforts to help You identify and resolve usage problems, or to review the suitability of Your current subscription plan for Your needs. apilayer reserves the right to limit or throttle the number of network calls available to Your application(s) if apilayer (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

You shall be solely responsible for acquiring, providing, and maintaining all software/hardware and Internet Services required to access the countrylayer 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 countrylayer API.

Services May Be Inaccessible Or Inoperable

You hereby acknowledge that from time to time, the countrylayer API may be inaccessible or inoperable for any reason, including, without limitation:

• Equipment (hardware) malfunctions;
• Software malfunctions;
• Periodic maintenance procedures or repairs which apilayer may undertake from time to time; and/or,
• Causes beyond the reasonable control of apilayer and/or not reasonably foreseeable by apilayer.

Service Level Agreement

If the countrylayer API is unavailable to all countrylayer API customers for more than three consecutive hours in any one calendar day, beginning at 12:00:01 AM London time (GMT + 01:00) and ending at 11:59:59 PM London time (GMT + 01:00) of the same day, an outage will be deemed to have occurred. If there are more than three outages within any one calendar week, beginning at 12:00:01 AM London time (GMT + 01:00) on a Monday and ending at 11:59:59 PM London time (GMT + 01:00) on a Sunday, then You may terminate this Agreement, without liability, by providing written notice to apilayer of Your intention to do so within one calendar week of the third outage. Upon such termination b​eing accepted by apilayer, You shall be entitled to a refund equal to the amount You have paid for the latest term.

Right to Change Content or Format

You acknowledge that apilayer may from time to time, and in its sole discretion, update or change the content or format of countrylayer API Data or the countrylayer API. apilayer shall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since apilayer strives to accurately reflect these and adjust to these changes, significant advance notice is not always possible. You may be required to use the most recent version of the countrylayer API in order to ensure functionality of Your application(s) with countrylayer API Data & Services.

Publicity

Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Each Subscriber agrees that countrylayer (apilayer) may include such Subscriber’s name and trademarks in a list of countrylayer (apilayer) Subscribers, online or in promotional materials. Each Subscriber also agrees that countrylayer (apilayer) may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this section by contacting countrylayer.com Support.

Proprietary Rights

Trademarks

“countrylayer”, “countrylayer.com”, the countrylayer logo and other identifying marks of countrylayer are and shall remain the trademarks and trade names and exclusive property of apilayer, 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 countrylayer API Data & Services and the countrylayer API is licensed, and not sold.

Consent to Collection, Use, Retention, and Disclosure of Information

In the course of providing the countrylayer API, apilayer collects information, including standard information of the type normally exchanged when accessing any web site or web service. This information pertains only to the access of the countrylayer API, and is no different in nature to the information available to any Internet web server during the course of fulfilling a standard web request. Please read apilayer’s Privacy Policy. By agreeing to the terms of this Agreement, You are expressly consenting to apilayer’s collection, use, retention, and disclosure of information as set out in its Privacy Policy.

No Granting of Ownership Rights

You acknowledge that apilayer owns all right, title, and interest (including but not limited to all copyright rights therein) in and to the countrylayer API Data & Services or the countrylayer API, and that You shall not take any action inconsistent with such ownership. Nothing contained in this Agreement shall be construed as granting You or any end users any ownership rights in or to any countrylayer API Data & Services or the countrylayer API.

Apilayer’s Right to Terminate

Apilayer reserves the right at any time to terminate this Agreement, or withdraw from distributing countrylayer API Data & Services or providing access to the countrylayer API, if for any reason it no longer retains the right to publish or distribute the countrylayer API Data & Services.

Disclaimer

Provided in Good Faith

The countrylayer API is provided by apilayer in good faith and although apilayer endeavours to ensure that countrylayer API Data & Services and the countrylayer API are accurate and obtained from sources believed to be reliable, apilayer does not guarantee or warrant:

• The accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of countrylayer API Data & Services or the countrylayer API; or
• That the countrylayer API Data & Services or the countrylayer API is free from errors or other material defects.

Disclaimer

The countrylayer API and countrylayer API Data & Services are provided “as is” and “as available”, without any warranty of any kind and apilayer, 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 apilayer be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In no event shall apilayer, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the countrylayer 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 apilayer’s maximum aggregate liability to You 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 You for the current term.

Disclaimer

You acknowledge that apilayer is not, and is not affiliated with, a financial institution or financial data feed provider, but obtains its financial data from a variety of sources. You further acknowledge that financial data often differs between financial institutions and between geographic jurisdictions and accordingly may vary from that provided by apilayer pursuant to this agreement. Although apilayer has used its commercially reasonable efforts to obtain the most accurate and timely financial data available from the aforementioned sources, apilayer makes no representations or warranties as to accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing or completeness of the countrylayer API Data or the countrylayer API. You acknowledge that no part of countrylayer API Data constitutes advice regarding financial, investment, legal, or tax issues, and that You and all end users should seek independent professional advice before making any decisions regarding such issues.

Disclaimer

Apilayer does not represent or warrant that the countrylayer API, or access to the countrylayer API, will be uninterrupted or error-free or that errors in the countrylayer API and/or countrylayer API Data & Services will be corrected.

Disclaimer

In no event shall apilayer, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the countrylayer API be liable to You 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 countrylayer API and/or the countrylayer API Data & Services or for any losses, damages, liabilities or expenses resulting therefrom regardless of cause, even if apilayer knew or should have known of the possibility of or could have prevented such damages.

Indemnification by You

You shall indemnify, defend, and save harmless apilayer, 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 You or any person connected, affiliated, or associated with You with respect to this Agreement and/or the countrylayer API; and/or,
• Any non-fulfillment or breach of any covenant or agreement on Your part pursuant to this Agreement or any incorrectness in or breach of any representation or warranty made by You contained in this Agreement.

General

These Terms of Service incorporate by reference all notices and disclaimers contained in the Services constitute the entire agreement between you and the countrylayer with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms of Service supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and countrylayer relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and the countrylayer.

If any provision of these Terms of Service 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 of Service shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. countrylayer’s failure to insist upon, or enforce, strict performance of any right or provision of these Terms of Service 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 of Service.

You agree that these Terms of Service, countrylayer’s Privacy Policy and other legal documents posted through the Services have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

If you are a consumer, please note that these Terms of Service, its subject matter and its formation, are governed by Austrian law. You and we both agree that the courts of Austria will have non-exclusive jurisdiction. If you are a business, these Terms of Service, 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.

Contact

Should you have any questions, complaints, or comments about these Terms of Service, this service, or website, or require further clarification of any kind, please do not hesitate to contact us.