Terms or use - Services

Introduction:

The following terms of use (“Terms”) govern your use of services (“Service”) provided by newgeo.io. By using the Service, you agree to these Terms. If you do not agree to these Terms, do not use the Service.

Service Description:

The Service provides a Tools for users and developers to visually or programmatically access certain data and functionality from newgeo.io. The Service may be updated, modified, or discontinued at any time, without notice.

Service Access:

Access to the Service is granted on a limited, non-exclusive basis and is subject to the limitations and restrictions set forth in these Terms and in any applicable agreements between you and newgeo.io. newgeo.io reserves the right to modify or discontinue the Service at any time, without notice.

API Key:

To use the Service, you will be required to obtain an API key (“Key”) or create a user on newgeo.io. The Key or user is unique to your account and must be kept confidential. You are responsible for all activities that occur under your Key or user.

Usage Restrictions:

You may use the Service solely for lawful purposes and in accordance with these Terms. You may not, and may not permit others to: a. Use the Service for any purpose other than as permitted by these Terms; b. Sell, rent, lease, transfer, sublicense, redistribute, or syndicate access to the Service; c. Use the Service in any manner that could damage, disable, overburden, or impair newgeo.io servers or the Service; d. Use the Service in any manner that could interfere with any other party's use of the Service; e. Attempt to gain unauthorized access to the Service or any related systems or networks.

Data:

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you make available through the Service (“Your Data”). You grant newgeo.io a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, transferable license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit Your Data in connection with providing the Service and for newgeo.io’s business purposes.

Intellectual Property:

The Service and all intellectual property rights therein are and will remain the exclusive property of newgeo.io. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as explicitly provided in these Terms, nothing in these Terms shall be deemed to create a license to newgeo.io’s intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Service.

Disclaimer of Warranties:

The Service is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, title, or non-infringement. newgeo.io does not warrant that the Service will be uninterrupted or error-free, and newgeo.io will not be liable for any interruptions, errors, or other defects in the Service.

Limitation of Liability:

In no event shall newgeo.io be liable for any damages, including without limitation, direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of the Service. In no event shall newgeo.io’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you to newgeo.io for the Service.

Indemnification:

You agree to indemnify, defend, and hold harmless newgeo.io, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, agents, licensors, suppliers, successors, assigns, content providers, and other contractors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of your violation of these Terms or your use of the Service.

Termination:

newgeo.io may, in its sole discretion, at any time terminate or suspend all or a portion of the Service, or your use of all or a portion of the Service, with or without notice and with or without cause.

Modification of Terms:

newgeo.io may modify these Terms at any time, in its sole discretion. If newgeo.io modifies these Terms, it will post the modified Terms on its website and will indicate at the top of this page the date these Terms were last revised. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of these Terms, do not use or access (or continue to access) the Service.

Subscription Terms:

The Service is offered on a subscription basis. You may choose from various subscription plans, each with its own terms, pricing, and features. By subscribing to the Service, you agree to the subscription terms and fees for the plan you have selected.

Renewal and Cancellation:

Your subscription will automatically renew on the renewal date, unless you cancel your subscription prior to the renewal date. To cancel your subscription, you must follow the cancellation instructions in your account settings. If you cancel your subscription, your account will remain active until the end of the current subscription term, and you will not receive a refund for any fees already paid.

Billing and Payment:

You agree to provide newgeo.io with accurate and complete billing information, including your legal name, address, phone number, and a valid payment method. newgeo.io may charge fees to your payment method in advance on a recurring basis, as determined by the subscription plan you have selected. If a payment is not successfully processed, newgeo.io may suspend or cancel your access to the Service.

Changes to Subscription Plans and Fees:

newgeo.io reserves the right to change the subscription plans and fees, and to add or remove features from the Service, at any time and in its sole discretion. newgeo.io will provide you with notice of any such changes by posting the new pricing on the newgeo.io website, or by sending you an email. Your continued use of the Service after the effective date of any such change constitutes your acceptance of the new pricing or features.

Refunds:

All fees paid for the Service are non-refundable, except as required by law. If you cancel your subscription before the end of the current subscription term, you will not receive a refund for any fees already paid.

Pay-as-you-go Usage:

The Service is also offered on a pay-as-you-go basis, where you are charged for actual usage of the Service, rather than on a subscription basis.

Usage-based Billing:

newgeo.io will track your usage of the Service and charge you based on the number of API calls, data storage, and other usage metrics as specified in the Service documentation. The fees for pay-as-you-go usage will be calculated on a monthly basis, and you will receive a monthly invoice.

Payment Terms:

You agree to provide newgeo.io with accurate and complete billing information, including your legal name, address, phone number, and a valid payment method. newgeo.io may charge fees to your payment method on a monthly basis, based on your usage of the Service. If a payment is not successfully processed, newgeo.io may suspend or cancel your access to the Service.

Changes to Usage Fees:

newgeo.io reserves the right to change the fees for pay-as-you-go usage, and to add or remove usage metrics, at any time and in its sole discretion. newgeo.io will provide you with notice of any such changes by posting the new pricing on the newgeo.io website, or by sending you an email. Your continued use of the Service after the effective date of any such change constitutes your acceptance of the new pricing or features.

Refunds:

All fees paid for the Service are non-refundable, except as required by law. If you cancel your access to the Service, you will not receive a refund for any fees already paid.

Data Quality:

You acknowledge that the Service relies on data that is provided by you or a third party, and that newgeo.io does not guarantee the accuracy, completeness, or reliability of this data. You are solely responsible for the quality of the data that is used in connection with the Service, and newgeo.io will not be liable for any damages arising from or in connection with any data quality issues. You agree to indemnify and hold newgeo.io harmless from any claims, losses, or damages arising from or in connection with any data quality issues.

Sensitive Data:

newgeo.io does not gather or store any sensitive data, including but not limited to, data related to an individual's racial or ethnic origin, political opinions, religious beliefs, health, sexual orientation, or criminal records. You agree not to use the Service to process or store any sensitive data, and to take appropriate measures to secure any sensitive data that you use in connection with the Service.

General Data Protection Regulation (GDPR):

If you are a customer located in the European Economic Area (EEA), you acknowledge and agree that newgeo.io processes your personal data in accordance with the GDPR. newgeo.io acts as a data processor and processes your personal data on your behalf, in accordance with your instructions as set out in the Service documentation. You acknowledge and agree that you are the data controller and are responsible for complying with your obligations under the GDPR, including but not limited to, obtaining any necessary consents from data subjects, providing notice to data subjects, and responding to data subject requests.

Service Downtime:

newgeo.io makes reasonable efforts to maintain the availability and performance of the Service, but does not guarantee that the Service will be available or perform without interruption or errors. You acknowledge that the Service may be temporarily unavailable or may experience performance issues from time to time, due to maintenance, upgrades, or other factors beyond newgeo.io's control. newgeo.io will not be liable for any damages arising from or in connection with any downtime or performance issues.

Refunds:

newgeo.io does not provide refunds for any fees paid for the Service, including but not limited to, fees for subscriptions or pay-as-you-go usage, or for any downtime or performance issues.

General Terms:

These Terms, together with any applicable agreements between you and newgeo.io, constitute the entire agreement between you and newgeo.io with respect to the use of the Service. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and newgeo.io. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. newgeo.io’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of Country Denmark, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Denmark and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Contact Information:

If you have any questions regarding these Terms or the Service, please contact newgeo.io at [email protected].

Effective Date:

These Terms are effective as of 1.1.2023.