Api - General terms and conditions
- These terms and conditions (the "Terms") constitute a part of any contract relating to the Service (as defined below) (the "Agreement") between Eniro Sverige AB, reg. no. 556445-1846, or its direct or indirect subsidiaries or affiliates, (”Eniro”) and Eniro’s customers ("You" or "Your"). Each party are hereinafter referred to as a "Party" and together as "Parties".
- The Agreement between Eniro and You consists of (1) the contract specifying the Service, (2) these Terms, and (3) any terms or conditions or appendices appended or referred to in the Agreement, as well as changes or additions to the Agreement.
- In the event of an inconsistency or conflict between the provisions in the documents of the Agreement, the inconsistency or conflict will be resolved by giving precedence to the documents in the above stated order.
- The service
- Eniro provides application programming interfaces ("API"), which enables access to Eniro’s databases in relation to (i) company subscriber information including, but not limited to, company name, telephone number and addresses ("Company Information"), (ii) private individuals' subscriber information including, but not limited to, names, telephone number and addresses as well as names, emails and telephone numbers to company representatives that are contact persons for company subscriptions ("Subscriber Information") and (iii) other material including, but not limited to, maps, texts, images, webpage links, company financial information ("Materials"), together the “Content”. If not expressly stated what Content category it concerns, the API together with the Content will hereinafter be referred to as the “Service”.
- The Service enables You to integrate a high performance search engine for use on Your applications to generate search results from the Content ("Search Results").
- When publishing Your search results You undertake to provide information about the source, Eniro API.
- The Service consists of Your right to, in accordance with the Agreement, provide visitors on Your applications or users of Your apps with the opportunity to access Search Results for information purposes as well as for the purpose of secured identification only.
- Account and monitoring
- In order to access the Service You shall register a user account ("Account"). When the Account has been registered, You will be provided with an API key to use when calling the API.
- You represent and warrant that the physical person that register and use the Account is authorized to represent You.
- You agree that Eniro may monitor Your use of the Service to be able to assess the compliance with the Terms or the necessity to amend or change the API.
- Eniro may suspend Your access to the Service if Eniro reasonably believes that You are in violation of the Terms or the Agreement.
- Eniro grants You a personal, non-transferable, non-exclusive, revocable and limited license to use the Service in accordance with the provisions of the Agreement ("License").
- Any use of the Service that is not permitted by the Terms, the Agreement or Applicable Law (as defined below), shall be considered as forbidden.
- You agree and acknowledge that You shall comply with the Eniro user terms at https://api.eniro.com/terms. Should You have questions concerning Your right to use Content made available to You through the API, please contact Eniro firstname.lastname@example.org.
- You agree and acknowledge that You shall comply with, and Eniro reserves the right to restrict Your use of the Service if such use may be in conflict with, any law, regulation, directive or other rules imposed by any governmental authority ("Applicable Law"), Eniro user terms that are made available to You on https://api.eniro.com/terms, Eniro's ethical values or other applicable bona fide Eniro policies that are made available to You on api.eniro.com. (the “Policies”).
- Eniro shall have no obligation to provide the Service or any part thereof if, and to the extent, such provision of the Service is not in compliance with any agreement between Eniro and any third party supplier or licensor.
- License Restrictions
- Your license to the Service is subject to Your adherence to all of the restrictions stated in this Section 5.
- Except as explicitly permitted in the Agreement, You shall not, nor may You permit anyone else to do any of the following:
- No Other Purpose. You shall not use the Service for another purpose than set out in the Agreement. No Content shall be used for direct marketing activities, including but not limited to email marketing, SMS marketing, telemarketing or any other type of marketing activities. Company Information and Subscriber Information shall not be used for another purpose than for subscription information purposes;
- No Access to API except through the Service. You shall not access or use the API or any Content through any technology or means other than those provided in the Service, or through other explicitly authorized means Eniro may designate in writing;
- No Transfer. You shall not sell, rent, sub-license or assign the API or the Content to any third party;
- No Pre-Fetching, Caching, or Storage of Content. You shall not pre-fetch, cache, or store any Content;
- No Collection, Mass Downloads, Copies or Bulk Feeds of Content. You shall not collect Content from the API or use the Service in a manner that gives You or any other person access to mass downloads, copies or bulk feeds of any Content;
- No Reverse Engineering. You shall not reverse engineer, decompile, or otherwise attempt to extract the source code of the API or any part thereof, unless this is explicitly required by Applicable Law;
- No Modification of Search Results. You shall not modify, reorder, augment, or manipulate Content shown in Search Results in any way including, but not limited to, not to modify, replace, obscure, or otherwise hinder the functioning of Materials, e.g. links to Eniro or third party websites;
- No Violation of Eniro Policies. You shall not violate any Policies as developed by Eniro from time to time, including but not limited to the following under which You agree not to:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights, such as rights of privacy and publicity, of others;
- upload, post, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
- upload, download, copy, distribute, sell, post, transmit or otherwise make available any content that infringes any private individuals privacy provision, patent, trademark, copyright, trade secret or other proprietary right of any party or licensor, unless You are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
- download any file or images posted by another that You know, or reasonably should know, cannot legally be distributed in such manner;
- actively or passively allow any unauthorized user to use or enjoy the Service;
- delete, obscure, or in any manner alter any brand features, logos, warnings, notices, including but not limited to any copyright or other proprietary rights notices, or links that appear in the Service;
- interfere with or disrupt the Service, servers, or networks connected to the Service, or disobey any requirements, procedures, Policies, or regulations of networks connected to the Service;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or Content or collect information about users for any unauthorized purpose;
- display content in Your implementation of the Service that falsely expresses or implies that such content is sponsored or endorsed by Eniro;
- promote physical harm or injury against any group or individual; or
- transmit any malicious code, including but not limited to viruses, worms, defects, and Trojan horses, or any other items of a destructive nature;
- No Illegal and Unethical Use. The Content made available through the API shall not be displayed on websites or in applications which contain offensive material or be used in ways, or for purposes, which may be considered as criminal.
- intellectual Property Rights
- The Agreement does not confer any change of the ownership of the intellectual property rights of Eniro, Eniro’s licensor or You and none of the Parties receives in any way the intellectual property rights of the other Party or any third party due to the Agreement.
- Eniro or its licensors own all legal right, title and interest in and to the API and the Content and are the proprietors of any and all intellectual property rights related to the API, Content and the Service in its entirety.
- Personal data
- Each Party is responsible for securing that processing of personal data is performed in compliance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
- The Parties hereby undertake, during the term of the Agreement and thereafter, not to disclose to any third party information regarding the Agreement, nor any other information which the parties have learned as a result of the Agreement, whether written or oral and irrespective of form (“Confidential Information”). The parties agree and acknowledge that the Confidential Information may be used solely for the fulfilment of the obligations under the Agreement and not for any other purpose. The receiving party further agrees to cause its directors, officers, employees, sub-contractors or other intermediaries not to disclose or use Confidential Information.
- This confidentiality undertaking shall not apply to the extent that any Party is required to make a disclosure of information by law or pursuant to any order of court or other competent authority or tribunal or by any applicable stock exchange regulations or the regulations of any other recognised market place. In the event that any Party would be required to make any such disclosure, each Party undertakes to give the other Party immediate notice prior to any such disclosure, in order to make it possible for the other Party to seek an appropriate protective order or other remedy. Each Party also agrees and undertakes to use its best efforts to ensure that any information disclosed under this section, to the extent possible, shall be treated confidentially by anyone receiving such information.
- This confidentiality undertaking shall not be limited in time.
- Responsibility and Limitation of Liability
- You agree that You are solely responsible for any breach of Your obligations under the Agreement and for the consequences of any such breach and that You will be held liable for infringement or any other unauthorized use of the Service. You shall indemnify Eniro or its licensors for any breach of Your obligations under the Agreement and for the consequences of any such breach, including but not limited to any claim, loss or damage that Eniro or its licensors may suffer.
- You will use the API and publish the Content at Your website or apps at Your own risk and Eniro or its licensors takes no responsibility for (i) Your implementation of the API or any consequences thereof, (ii) Your use of the API and the Content, or (iii) if the API contains deficiencies, inaccuracies or corrupt information. Eniro or its licensors are not liable or makes no warranties regarding the quality, functionality or availability of the API or the Content made available to You through the API and are not liable for any claims You receive from a third party due to Your publication or use of the Content.
- Eniro shall be liable for losses which Eniro causes You through Eniro's gross negligence, subject to the limitations set forth below.
- Neither Eniro nor its licensors shall be liable to You for any indirect damage, including but not limited to loss of profit or other consequential damages. Eniro's responsibility for direct damage is limited to the annual fee for the Service, including any legal costs.
- Certificate of Publication
- The Swedish Press and Broadcasting Authority has granted Eniro Sweden a certificate of publication for the database and website www.eniro.se. It should be noted that You, as a user of the API may not claim limited liability under this certificate of the publication even if You publish Content from www.eniro.se. Thus, the certificate does only comprise the website/database and not the Content in itself.
- Force Majeure
- Eniro shall be relieved from liability for a failure to perform any obligations under the Agreement to the extent that the due performance thereof is prevented by reason of any circumstance beyond its control, such as interruptions in the general data communication, interruptions in the energy supply, labour conflicts, strikes, fires or other circumstances beyond Eniro's control.
- Eniro reserves the right to amend or change the Service. Such amendments or changes can include but is not limited to updates, upgrades, modifications or removal of features, in connection with new information, new regulation requirements, restrictions of processing of personal data, new technology, new security procedures, new administrative routines or otherwise as required by Applicable Law or to evolve or improve the API. To be notified of updates please monitor the mailaddress your provided when signing up to the Service.
- Eniro reserves the right to make changes of the Terms from time to time one (1) month after notification to you on your Eniro account. If Eniro's change of the Terms are material, you are entitled to terminate the Agreement in writing no later than the day the changes coming into force.
- If any part of the Agreement is held to be invalid, the remaining parts of this Agreement shall remain in force unless the deletion of such invalid part results in a fundamental change to the rights or obligations of a Party.
- No Waiver
- The failure of any Party to insist upon strict adherence to any provision of the Agreement, shall not be considered a waiver of any right under the Agreement. Nor shall it deprive any Party the right at any later time to insist upon the strict adherence to the Agreement.
- Entire Agreement
- The Parties confirm that this Agreement represents the entire understanding and constitutes the whole agreement between the Parties relating to the subject matter hereof and supersedes all prior agreements, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, agent, employee or representative of either of the Parties.
- Eniro shall be entitled to in writing immediately terminate the Agreement or cease providing all, or any part, of the Service with immediate effect if:
- Eniro is required to do so by law, for example, due to a change to Applicable Law governing the provision of the Service;
- the Service relies on data or services provided by a third party partner and the relationship with such partner (1) has expired or been terminated or (2) requires Eniro to change the manner in which Eniro provides the data or services through the Service;
- the Service could create a security risk or material technical burden as determined by Eniro in its reasonable good faith judgment;
- You materially breaches Your obligations under the Agreement; or
- the Customer uses any part of the Content in breach of Applicable Law relating to data privacy or personal data.
- Eniro shall be entitled to in writing immediately terminate the Agreement or cease providing all, or any part, of the Service with immediate effect if:
- Governing law
- The Terms and the Agreement shall be governed by and construed in accordance with the laws of Sweden without regard to its principles of conflict of laws.
- Any dispute, controversy or claim arising out of or in connection with the Terms or the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.
- The Parties undertake and agree that all arbitral proceedings conducted with reference to this Section 18 will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is made or declared during the proceedings. Information covered by this confidentiality undertaking may not, in any form, be disclosed to a third party without the prior consent by the other Party.