Terms of Use & API License Agreement

1.1Phoneverify, company (referred to as "Phoneverify", "Company", "Us" or "We") provides the phoneverify.online site (referred to as "Website") and various related services (collectively, the "Site" or "Services") to you as the "User", "Client" or "Customer", "You", subject to your compliance with all the terms, conditions, and notices referenced herein (the "Terms of Use", "Terms and Conditions", "Agreement", or "Terms").

1.2In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

1.3This Agreement will govern the use of the Services provided through the Website operated by Website. By using the Website, you agree to be bound by the terms and conditions set out on this webpage (the "Agreement").

1.4These Terms of Use are effective as of Jul 09, 2020. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications.

2.1By accessing or otherwise using the Phoneverify API, User acknowledges the following statements:

• 2.1.1User has read all of the terms and conditions of this Agreement;
• 2.1.2agrees to be bound by the terms and conditions of this Agreement;
• 2.1.3agrees to check the Phoneverify API pages regularly to be informed about any updates and/or amendments to the terms and conditions of this Agreement; and,
• 2.1.4has the right to enter into this Agreement.

2.2If User does not accept the above-mentioned information, User may not access or use the Phoneverify API.

2.3If User is dissatisfied with the terms, conditions, rules, policies, or practices of Company, User's sole and exclusive remedy is to stop accessing or using the Phoneverify API.

3.1To get access to the services on this site, you will be required to:

• 3.1.1use an account and password that can be obtained by filling our online registration form, which requests certain information and data ("Registration Data")
• 3.1.2maintain and update your Registration Data as required.

3.2By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

4.1Subject to the terms herein, Company will provide You with access to Phoneverify API Data & Services. All calls to the Phoneverify API must reference the credentials issued to You by Company.

4.2You shall not disclose Your credentials to any other party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties without written approval.

4.3You are solely responsible for ensuring the secrecy and security of Your credentials and will be responsible for all activities that occur in case of using Your credentials.

4.4You shall not use the Phoneverify API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.

4.5Usage Limits of the Phoneverify API are the following:

• 4.5.1The extent of User's usage of the Phoneverify API depends on the subscription plan chosen by Client.
• 4.5.2Usage limits shall not be exceeded.
• 4.5.3The number of calls you did not use is not transferred from one monthly period to the next. Should User exceed the fixed monthly usage limit, the Phoneverify API will return an error message stating that the monthly usage limit has been reached and no further API calls can be made within the current monthly term.
• 4.5.4It is the responsibility of the User to ensure that User's application(s) properly detect and handle any returned error messages.

4.6Company will take all measures necessary for helping User to identify and solve usage problems, or to review the workability of User's current subscription plan.

4.7Company reserves the right to limit or reduce the number of network calls available to User's application(s) if Company (in its sole discretion) believes that such calls are being made for malicious reasons, or as the result of a technical error.

4.8Unless and until you tell us that you believe that someone else knows the Account Details or can use your Account by impersonating you:

• 4.8.1you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
• 4.8.2we shall not be responsible for any unauthorized access to your Account or the information available in it.

4.9You hereby acknowledge that from time to time, the Phoneverify API may be inaccessible or inoperable for any reason, including, without limitation:

• 4.9.1equipment (hardware) malfunctions;
• 4.9.2software malfunctions;
• 4.9.3periodic maintenance procedures or repairs which Company's Technical Team may undertake from time to time; and/or,
• 4.9.4causes beyond the reasonable control of Company and/or not reasonably foreseeable by Company.

4.10If the Phoneverify API is unavailable to all Phoneverify 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.

4.11Should more than three (3) outages occur 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 by providing written notice to Company of Your intention to do so within one calendar week of the third outage.

5.1Usage of Phoneverify's APIs and data is granted on the condition that the user does not engage in the following activities:

• 5.1.1reproduce, 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 Phoneverify API Data & Services or the Phoneverify API;
• 5.1.2sublicense an API for use by a third party, post or distribute Phoneverify API Data & Services in any public forum including, but not limited to, print, newsletters, radio, television, or internet;
• 5.1.3remove or change any required notice or any notice of Company's intellectual property rights present on or in the Phoneverify API, including, but not limited to, copyright, trademark, and/or patent notices;
• 5.1.4reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law;
• 5.1.5cause or permit anything that will impair, jeopardize, violate, or infringe the intellectual property rights of Company in Phoneverify API Data & Services or the Phoneverify API;
• 5.1.6directly or indirectly dispute or contest the ownership, validity, or enforceability of the intellectual property rights of Company in Phoneverify API Data & Services or the Phoneverify API, or assist any party to do so;
• 5.1.7use the APIs to replicate or compete with core products or services offered by Phoneverify without written approval;
• 5.1.8use, store, or access any Phoneverify API Data & Services, or the Phoneverify API after the termination of this Agreement;
• 5.1.9use Phoneverify API Data & Services or the Phoneverify API in any manner or for any purpose that violates any law, regulation or right of any person.

5.2We would appreciate Client's inclusion of a clickable hyperlink to the Phoneverify API website at phoneverify.online. Use of the Phoneverify API is not subject to Client's end users being made aware by Client that Company is supplying the above-mentioned service.

5.3User shall use best endeavors and take all necessary steps to keep Phoneverify API Data & Services secure and ensure that no unauthorized reproduction, publication, disclosure, modification, distribution, or other use of any Phoneverify API Data & Services is made in full or in part.

5.4Should User become aware of any such unauthorized use of Phoneverify API Data & Services, User must immediately notify Company via Contact.

5.5Misuse of the Licensed Product occurs when Client or any end users who use Phoneverify API Data & Services or the Phoneverify API violate this Agreement — in which case Company shall have the option of electing liquidated damages.

6.1We are committed to keeping your personal information safe. We process personal information in accordance with applicable data protection legislation. Please read our Privacy Policy to understand how we use and protect the information you provide us.

7.1The Phoneverify API is provided by Company dutifully. While Company endeavors to ensure that Phoneverify API Data & Services and the Phoneverify API are accurate and obtained from sources believed to be reliable, Company does not guarantee or warrant:

• 7.1.1the accuracy, reliability, authenticity, timeliness, correct sequencing, appropriateness, or completeness of Phoneverify API Data & Services or the Phoneverify API; or
• 7.1.2that the Phoneverify API Data & Services or the Phoneverify API contains no errors or other material defects.

7.2The Phoneverify API and Phoneverify API Data & Services are provided "as is" and "as available", with no warranty of any kind. Company, its affiliates, agents and/or suppliers, officers, directors, and employees expressly deny any and all warranties, whether expressed or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of third parties.

7.3In no event shall Company or any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the Phoneverify API, be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise.

7.4Company shall not represent or guarantee that the Phoneverify API, or access to the Phoneverify API, will be continuous or error-free or that errors in the Phoneverify API and/or Phoneverify API Data & Services will be corrected.

7.5Regardless of cause, in no event shall Company, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the Phoneverify API be liable to Client or to any end users in any manner for any interruptions, delays, unavailability or inoperability, inaccuracies, errors, or omissions in the Phoneverify API and/or the Phoneverify API Data & Services, or for any losses, damages, liabilities or expenses resulting therefrom regardless of cause, even if Company was aware of the possibility of or could have prevented such damages.

8.1Users may not create multiple accounts with the purpose of accessing duplicate monthly free plans. Abusing the site's monthly free credit allowance may result in suspension of accounts and service. Please contact support if your team requires multiple accounts.

9.1IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

9.2SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10.1 General

10.1.1DUE TO THE NATURE OF THE SERVICES THE SITE PROVIDES, ALL PAYMENTS MADE ON THE SITE ARE NON-REFUNDABLE. You acknowledge that transactions executed are non-cancelable and You cannot change or reverse any transaction which was complete or which is pending.

10.1.2We do not bear any responsibility and therefore do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions, etc).

10.2 Transactions

10.2.1Bitcoin payments cannot be reversed.

10.2.2Any payments referred to herein shall not be refundable under any circumstances, including but not limited to the termination of this Agreement for whatever reason.

10.3 Order Cancellation

10.3.1Unfortunately, it is not possible to cancel your order once it has been processed.

10.4 Agreement Termination

10.4.1In the event of the termination of this Agreement in accordance with any of the provisions of these Terms & Conditions, no portion of any payments of any kind whatsoever previously provided hereunder shall be owed or repayable to Customer.

11.1No party will be in breach of this Agreement nor liable for any failure to perform its obligations under this Agreement if that failure results from circumstances beyond its reasonable control.

12.1We may (where allowed to do so by law) communicate with you by posting information in your Account or on the Website, in which case the information will be treated as received by you when it is posted by us.

13.1For any complaint relating to the Services, you are advised to contact us.

14.1These Terms & Conditions, hereby incorporated by notice and disclaimers contained in the Services, form the entire agreement between User and Phoneverify with respect to access to, and use of, the Services.

14.2Except as specifically set forth herein, these Terms & Conditions substitute any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and Phoneverify relating to the Services.

14.3This Agreement is not intended to create a partnership, joint venture or agency relationship between you and Phoneverify.

14.4If any provision of these Terms & Conditions is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, that provision shall be deemed omitted. The remaining provisions shall be interpreted in a manner as to give the greatest effect to the original intention of the parties hereto.

14.5Phoneverify's failure to insist upon, or enforce, strict performance of any right or provision of these Terms & Conditions shall not constitute or be interpreted or considered 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.

14.6User agrees that these Terms & Conditions, the Phoneverify Privacy Policy, and other legal documents posted through the Services have been drafted in English. Although translations in other languages of any of the above documents may be available, such translations may not be the most recent or complete.

14.7Accordingly, User agrees that in the event of any conflict between the English language version of the above documents and any other translations thereof, the English language version of such documents shall exclusively prevail.