These Terms may be updated by Barcode Finder. You understand and agree that you are solely responsible for reviewing these Terms from time to time. You can always review the most current version of these Terms. Any continued use of the Barcode Finder API (“Service”) by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms.
These Terms contain the entire agreement of the parties to the use of the Barcode Finder API, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
This Agreement shall be construed in accordance with the governing law, without regard to its conflict of the law’s principles.
Barcode Finder shall make the Purchased Services available to you (“Customer”) to this Agreement and during a subscription term. You agree that your purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features.
Barcode Finder hereby provides Customer with a limited, non-exclusive, non-transferable, and terminable license to access and use the Service solely for Customer’s operations.
“Upgrades” means new versions of, and updates to, the Service, whether for the purpose of fixing an error, bug, or other issues in the Service or enhancing the functionality of the Service.
Customer acknowledges that from time to time Barcode Finder may apply Upgrades to the Platform, and that such Upgrades may result in changes to the appearance and/or functionality of the Service.
Barcode Finder reserves the right to refuse connections/traffic without warning at traffic volumes constantly above the sustainable rate (“Per second allowed rate” being 1.75x the average number of queries per second based on the contracted traffic tier).
Customers subscribed to Barcode Finder DEV or PRO plans will pay a monthly-based subscription fee for the license and services based on the capacity and traffic limits described in each respective plan. The subscription fee is billed automatically at the beginning of the month or at the beginning of any pro-rated billing period. Any traffic that exceeds the limits for the specified period in each respective plan will be charged at the overage rate described in each plan. The overage fee will be charged in each next billing cycle together with the monthly-based subscription fee. All fees are non-refundable and guaranteed. Customers will be issued a receipt of the services provided on a monthly basis.
The fees and other amounts required to be paid under this Agreement are exclusive of taxes. Customers will be responsible for and will reimburse Barcode Finder for all sales, use, excise (but not corporate excise), or other similar state or local taxes. Such provision excludes Barcode Finder’s income taxes, franchise taxes (including corporate excise taxes), taxes on Barcode Finder’s property used to provide the services, or any other taxes for which Customer is exempt.
Customers will receive a settlement of the amount stated in the receipt within 20 working days of the receipt being issued. Settlement will be made into the verified payment account configured by the provider on the day of settlement. All amounts are in U.S. dollars, and Barcode Finder accepts credit cards as the only payment method.
Barcode Finder reserves the rights to adjust list prices generally applicable to Barcode Finder’s customers at any time.
Transaction History: unless Customer account has been disabled by Barcode Finder or otherwise, Customers will be able to access their monetary transactions in the system by logging into the system with their access user name and password.
Customer must complete the Barcode Finder registration process, in which case, Customer agrees to: a) provide true, accurate, current, and complete information about himself/herself or his/her company as prompted by the Service registration form (such information being the Registration Data) and b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
Registration is necessary to offer functionality that requires the Service to recognize a user. When a user registers, the information given contains certain Personally Identifiable Information including but not limited to a valid e-mail address, real name, address, country of residence, and zip code. This information will not be disclosed to any third-party without your explicit consent.
Customer declares that the information provided for the items organizational name, legal address, tax identifier, country of residence, and contact email address are a) true, accurate, current, and complete information about himself/herself or his/her company as prompted by the Service registration form (such information being the Registration Data) and b) will be maintained and promptly updated to keep it true, accurate, current, and complete.
Customer can review and change Personally Identifiable Information, password, or credit card details at any time by going to the “Account” page area in the Administration Dashboard once signed into the Customer’s account.
Customer will create a password and account during the Service registration process. Customer is responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under his/her password or account. Customer agrees to a) immediately notify Barcode Finder of any unauthorized use of the password or account or any other breach of security, and b) ensure that Customer exits from the account at the end of each session. Barcode Finder cannot and will not be liable for any loss or damage arising from failure to comply with the rules in this Section.
If Customer provides information of any kind which is untrue, inaccurate, not current, or incomplete, or Barcode Finder has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Barcode Finder has the right to suspend or terminate the account and refuse any and all current or future use of the Service (or any portion thereof).
Customer understands and agrees that Barcode Finder makes no warranty that a) using the Service will meet your requirements, b) obtained results will be accurate and reliable, c) Service will be uninterrupted or timely, d) errors will be corrected.
Customer further acknowledges and agrees that Barcode Finder shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
Affiliate links are removed from most product offers in the paid plans. Due to various data sources, Barcode Finder makes no warranty that all affiliate links will be removed. All affiliate links contain domain barcodefinder.com.
All right, title, and interest and all Intellectual Property Rights in and to the Pre-Existing Materials of each respective Party or a third party shall vest in and be the sole and exclusive property of that Party or such third party. In cases where copyrighted data may be included as part or all of the Data, Customer warrants and represents that the use of the Service and Data will not violate, misappropriate, or infringe the rights of any person or entity, including without limitation, any person or entity’s intellectual property (including trademark, known patent, copyright, and trade secret), statutory, proprietary, privacy, or contractual rights.
Customer may terminate this Agreement at any point in time upon notification to Barcode Finder. Customer agrees that Barcode Finder, at its sole discretion, has the right (but not the obligation) to delete or deactivate Customer’s account, block Customer’s email or IP address, or otherwise terminate Customer's access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if Barcode Finder believes that Customer has acted inconsistently with these Terms. Further, Customer agrees that Barcode Finder shall not be liable to Customer or any third-party for any termination of such access to the Site. Further, Customer agrees not to attempt to use the Service after said termination.
Upon the termination or expiration of this Agreement for any reason, Customer’s rights under this Agreement will cease, including all rights to use the Service. No termination of this Agreement will affect any obligation to make payment of outstanding amounts owed by Customer to Barcode Finder. Unless stated in a supplementary license agreement, Barcode Finder reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Customer agrees that Barcode Finder shall not be liable to Customer or to any third party for any modification, suspension, or discontinuance of the Service.
In no event shall Barcode Finder be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Barcode Finder has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.