Terms and Conditions Cookiedatabase API

Cookiedatabase.org offers an application programming interface (API) for the use of the cookiedatabase in an automated manner. Using the API you can store and/or receive data using the cookie-service. The use of the API is subject to the below terms and conditions.

Article 1. Access to the API

1.1. To use the API you must file a request which Cookiedatabase.org shall consider and accept or reject, with no need to motivate a rejection.
1.2. After acceptance of your request Cookiedatabase.org shall give you the necessary instructions for access to the API.

Article 2. Grant of permission

2.1. For as long as you adhere to all terms and conditions of this document, Cookiedatabase.org hereby grants you permission to use the API for your websites, applications and other services.
2.2. It is forbidden to use the API of Cookiedatabase.org for acts that would violate a person’s privacy or relevant data protection law.
2.3. Use of the API must be fair to other users (‘fair use policy’). In particular your use should not deviate in an extreme manner from the average. In addition Cookiedatabase.org can temporarily limit or suspend the API in case of maintenance, disruptions or abuse.
2.4. You are free to present the data obtained using the API at your own discretion and using your own layout on sites and services under your control.
2.5. If desired you may accompany the presentation of data obtained from the API with the name and/or logo of Cookiedatabase.org. In any event is it strictly forbidden to use the name or logo of Cookiedatabase.org to create the impression you are part of Cookiedatabase.org or have a special status or relationship with Cookiedatabase.org.
2.6. For you and for the end-users to comply with Privacy regulations, we want to make sure that the data obtained from the API is never older than 1 month.  Data obtained using the API may be kept in a temporary cache if such caching is necessary to reduce unnecessary repeat queries. You must take the usual measures against outdated data in the cache. This may also mean that you must take all measures in your power to ensure a visitor or end-user cannot copy data obtained using the API (except where the copy is technically unavoidable).
2.7. Should Cookiedatabase.org discover that you violate any of the above, or receive a valid complaint alleging the same, Cookiedatabase.org may limit or suspend your access to the API until the violation has been ended.
2.8. Cookiedatabase.org may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Cookiedatabase.org from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and maintenance

3.1. Cookiedatabase.org uses its best efforts to have the service available at all times, but is only willing to make specific guarantees if a service level agreement is concluded with Cookiedatabase.org. 
3.2. Cookiedatabase.org actively maintains the API and the Cookiedatabase. In case maintenance is reasonably expected to negatively impact availability, we will carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
3.3. Cookiedatabase.org may from time to time adapt the Cookiedatabase and the API definition. Your feedback and suggestions are welcome but ultimately Cookiedatabase.org decides which adaptations to carry out (or not).
3.4. Priority and Premium Support is available in return for payment by a support fee. Outside this separate support service Cookiedatabase.org does not offer any support for using the API.

Article 4. Intellectual property

4.1. The service Cookiedatabase.org, the accompanying software as well as all information and images on the website is the intellectual property of Cookiedatabase.org, and the property of our suppliers, licensors and the volunteers of the cookiedatabase community.
4.2. If you send information to Cookiedatabase.org, for example a bug report or suggestion for improvement, you grant Cookiedatabase.org a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.

Article 5. Compensation for API access

5.1. Access to the API is offered completely at no charge. In addition, a paid version is available. The free version is significantly limited in the number of API calls/received cookie-information that can be made per month compared to the paid version.
5.2. Payment shall be made at the beginning of each month, and each time after the agreed-upon number of calls and/or cookies has been reached.

Article 6. Limitation of liability

6.1. Except in case of intentional misconduct or gross negligence the liability of Cookiedatabase.org shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred. If you did not take the premium option, the limitation is to zero.
6.2. Cookiedatabase.org in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. You indemnify and hold harmless Cookiedatabase.org from all third-party claims in connection with the data you receive using the service Cookiedatabase.org, in particular (but not limited to) for violations of copyright.
6.4. Damages may only be claimed if reported in writing to Cookiedatabase.org at most two months after discovery.
6.5. In case of force majeure Cookiedatabase.org is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 7. Term and termination

7.1. This agreement enters into force as soon as your request has been accepted and then remains in force until terminated.
7.2. If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
7.3. Cookiedatabase.org is entitled to terminate the agreement if you have not called the API at all in the last 12 months. 

Article 8. Changes to terms

8.1. Cookiedatabase.org may change or add to these terms and conditions as well as any prices at any time at the start of a new payment period (as defined in 5.1) at any time.
8.2. Cookiedatabase.org shall announce changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Cookiedatabase.org after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions

9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law, all disputes arising in connection with Cookiedatabase.org shall be brought before the competent Dutch court for the principal place of business of Cookiedatabase.org.
9.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail shall be sufficiently provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by Cookiedatabase.org shall be deemed to be authentic unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. Cookiedatabase.org is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Cookiedatabase.org or the associated business activities.