The following terms and conditions incorporate a legal agreement between you (“You”) and the ClarifyIP website (“ClarifyIP”) and set forth the Terms and Conditions by which ClarifyIP will make the ClarifyIP API service available in order to electronically provide You with use of and access to ClarifyIP Data & Services.
ClarifyIP API Services
For the purposes of this Agreement, “ClarifyIP API Services” shall consist of:
- All data and information feeds, media, software, and/or electronic documentation made available or supplied by ClarifyIP or its licensees
- Certain other software, data, and/or documents supplied by ClarifyIP or its licensees to facilitate the use of such data or services. “ClarifyIP API Data and Services” means ClarifyIP’s Service or application programming interface that allows You and other authorized licensees to access ClarifyIP API Data & Services and make use of ClarifyIP API Services. This Agreement includes all amendments, addendums, and revisions to the terms herein in effect between You and ClarifyIP from time to time.
By accessing or otherwise using the ClarifyIP API, You acknowledge that You:
- Have read all of the terms and conditions of this Agreement;
- Agree to be bound by the terms and conditions of this Agreement;
- Agree to check the ClarifyIP API pages from time to time for any updates or amendments to the terms and conditions of this Agreement;
- Have the power and authority to enter into this Agreement.
If You do not acknowledge the above, You may not access or use the ClarifyIP API. If You are dissatisfied with the terms, conditions, rules, policies, guidelines, or practices of ClarifyIP, Your sole and exclusive remedy is to discontinue accessing or otherwise using the ClarifyIP API.
The ClarifyIP website (www.clarifyip.com and any variations of or successors to this website, collectively, the “ClarifyIP Website” or the “Website”) and the ClarifyIP Service (together with the Website, the “ClarifyIP Service” or the “Service”) are owned by ClarifyIP and, from time to time, its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as “ClarifyIP”).
- Company Name: ClarifyIP
- Address: Omladinskih brigada 88b, Belgrade, Serbia
- Prevailing business activity: Computer programming
- Website: https://www.clarifyip.com
Application of Terms and Conditions
Use by end-users of the ClarifyIP Service and the ClarifyIP website is governed by these Terms and Conditions. Unless explicitly stated otherwise, any new Services, including any new ClarifyIP properties, shall be subject to these Terms and Conditions. In addition, ClarifyIP may have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement/s for each of its Services. When you are using any service or product offered by ClarifyIP that does not have a separate legal agreement, these Terms and Conditions will apply.
Acceptance and Accuracy
By using ClarifyIP Service and/or the Website, you agree, without limitation or qualification, to be bound by and comply with these Terms and Conditions and any other posted guidelines. ClarifyIP may make improvements and/or changes to the Website at any time. Although we attempt to periodically update information on the Website, the information, materials, and services provided on or throughout the Website may occasionally be inaccurate, incomplete, or out of date. ClarifyIP is not obliged to update the information contained on the Website, and ClarifyIP will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy, or currentness of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances, or otherwise. It is your responsibility to verify any information contained on this website before relying upon it.
Scope of License
Grant of License
ClarifyIP hereby grants You a non-transferable, non-exclusive, revocable, and limited license to access the ClarifyIP API and use ClarifyIP API Data & Services strictly for limited purposes and under these Terms and Conditions.
Scope of the ClarifyIP API License
Subject to Your compliance with these Terms and Conditions, You are hereby permitted to receive, process, and display ClarifyIP API Data & Services to individual end-users of your application(s), provided that:
- Such end-users use ClarifyIP API Data & Services strictly for their own personal use.
- You do not permit Your end-users to store, distribute, or otherwise exploit ClarifyIP API Data & Services for any other purposes.
For clarity, and without limiting the foregoing, You are permitted to use ClarifyIP API Data & Services solely for reference by Your end-users. Except as expressly provided herein, under no circumstances whatsoever may You transfer or permit the transfer of ClarifyIP API Data & Services outside of your application(s).
Conditions and Restrictions of Use
In compliance with these Terms and Conditions, you hereby acknowledge that you will not:
- Reproduce, 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 ClarifyIP API Data & Services or the ClarifyIP API;
- Make access to ClarifyIP API Data & Services or the ClarifyIP API available to unauthorized parties or otherwise post or distribute ClarifyIP API Data & Services in any public forum including, but not limited to, print, newsletters, radio, television, or internet;
- Remove, obscure, or alter any required notice or any notice of ClarifyIP’s intellectual property rights present on or in the ClarifyIP API, including, but not limited to, copyright, trademark, and/or patent notices;
- Disassemble, translate, reverse engineer or otherwise decompile ClarifyIP API Data & Services or the ClarifyIP API;
- Knowingly cause or permit anything that will impair, jeopardize, violate, or infringe the intellectual property rights of ClarifyIP in ClarifyiP API Data & Services or the ClarifyIP API;
- Directly or indirectly dispute or contest the ownership, validity, or enforceability of the intellectual property rights of ClarifyIP in ClarifyIP API Data & Services or the ClarifyIP API, or assist any party to do so;
- Through Your use of ClarifyIP API Data & Services or the ClarifyIP API, knowingly cause or permit anything that You know or ought to know will prejudice or hamper the reputation or goodwill of ClarifyIP;
- Claim, use, or apply to register, record, or file any trademark, trade name, copyright, or design that is identical or confusingly similar to ClarifyIP’s trademarks, or assist any other party in doing so;
- Use, store, or access any ClarifyIP API Data & Services or the ClarifyIP API after the termination of this Agreement;
- Use or permit others to use, market, distribute, or export ClarifyIP API Data & Services, or the ClarifyIP API;
- Use ClarifyIP API Data & Services or the ClarifyIP API in any manner or for any purpose that violates any law, regulation, or right of any person.
Responsibility to Safeguard
You shall use Your best efforts and take all necessary steps to safeguard ClarifyIP API Data & Services to ensure that no unauthorized reproduction, publication, disclosure, modification, distribution, or misuse of Clarify API Data & Services is made in whole or in part. To the extent that You become aware of any such unauthorized use of ClarifyIP API Data & Services, You are hereby obliged to immediately notify ClarifyIP.
Misuse of the Licensed Product
In the event that You or any end-users use ClarifyIP API Data & Services or the ClarifyIP API in violation of this Agreement, as applicable, ClarifyIP shall have the option of terminating your access to ClarifyIP Services and electing liquidated damages.
The use of ClarifyIP Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that ClarifyIP may terminate and/or suspend your access to any portion of ClarifyIP Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by ClarifyIP. Any such termination or suspension shall be in ClarifyIP’s sole discretion and may occur without any prior notice. ClarifyIP further reserves the right to terminate or suspend any user’s access to ClarifyIP API Data & Services or any portion of the ClarifyIP Services for any conduct that ClarifyIP, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to ClarifyIP, or its subsidiaries, business contractors, or other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. ClarifyIP further reserves the right to terminate or suspend any user’s access to the ClarifyIP Services for any reason or for no reason at all, at ClarifyIP’s sole discretion, without prior notice.
Services and Data
Registration and Privacy
Certain ClarifyIP Services require You to register and provide certain data. In consideration of the use of such Services, in registering and providing such data, you represent and warrant that:
- The information about You is true, accurate, current, and complete (apart from optional items), as required by various ClarifyIP registration forms (“Registration Data”);
- You will maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or ClarifyIP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ClarifyIP has the right to suspend or terminate your account and refuse any and all current or future use of Clarify IP API Data & Services. All ClarifyIP registrations become the exclusive property of Clarify IP, its affiliates, successors in interest, and subsidiaries.
You are responsible for maintaining the confidentiality of your password and ID and are fully responsible for all activities that occur under your password or ID. You agree to:
- Immediately notify ClarifyIP of any unauthorized use of your password or account or any other breach of security;
- Ensure that you exit from your account at the end of each session.
Clarify IP cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
Confidential Transactional Data Security
Upon entering credit card data, confidential information is transferred via a protected (encrypted) public network using SSL protocol and PKI system — the state-of-the-art standards in cryptographic technology. Data security during purchases is guaranteed by the credit card processor, Banka Intesa ad Beograd, so the entire transactional process is conducted on the bank’s end. At no point in the transaction process is the confidential credit card data available to ClarifyIP.
The extent of Your usage of the ClarifyIP API is dependent on Your subscription plan. By using ClarifyIP’s API Data & Services You hereby agree that You shall not exceed the usage limits associated with Your account, in accordance with these Terms and Conditions. Unused amounts of call usage will not be carried over from one monthly period to the next. If You exceed Your monthly usage limit, the ClarifyIP API will return an error message stating that Your monthly usage limit has been reached and that no further API calls can be made within the current monthly term. It is Your sole responsibility to ensure that your application(s) properly detect and handle any returned error messages. ClarifyIP will make reasonable efforts to help You identify and resolve usage problems or review the suitability of Your current subscription plan for Your needs. ClarifyIP reserves the right to limit or throttle the number of network calls available to Your application(s) if ClarifyIP, in its sole discretion, believes that such calls are being made for malicious reasons or as the result of a technical error.
Responsibility for Software and Hardware
By using ClarifyIP’s API Data & Services you hereby agree that You shall be solely responsible for acquiring, providing, and maintaining all software/hardware and Internet Services required to access the ClarifyIP API, including but not limited to telecommunication and internet connections, ISP, web browsers, and/or other equipment and software required to access and use the ClarifyIP API.
Services May Be Inaccessible or Inoperable
You hereby acknowledge that, from time to time, the ClarifyIP API may be inaccessible or inoperable for any reason, including, but without limitation to:
- Equipment (hardware) malfunctions;
- Software malfunctions;
- Periodic maintenance procedures or repairs that ClarifyIP may undertake from time to time;
- Causes beyond the reasonable control of ClarifyIP and/or not reasonably foreseeable by ClarifyIP.
IP validation and lookup data returned by the ClarifyIP API as part of requests made to the API is sourced from a variety of different commercial and non-commercial sources, including ClarifyIP’s proprietary IP address database, IP intelligence data vendors, and a series of Internet Service Providers around the world.
Right to Change Content or Format
You acknowledge that ClarifyIP may, from time to time, and in its sole discretion, update or change the content or format of ClarifyIP API Data or the ClarifyIP API. ClarifyIP shall strive to provide reasonable advance notification of such changes; however, from time to time, sudden changes may be required, and since ClarifyIP strives to reflect and adjust to these changes accurately, significant advance notice is not always possible. You may be required to use the most recent version of the ClarifyIP API to ensure the functionality of Your application(s) with ClarifyIP API Data & Services.
You acknowledge that ClarifyIP will not be held accountable if you don’t receive your API response nodes in the correct order.
If you are purchasing a ClarifyIP plan on a subscription basis, You can choose to purchase via PayPal on a monthly or yearly subscription. If You do so, your subscription will renew automatically. Subscriptions are billed in advance on a monthly or yearly basis (as per the option chosen when you purchased such services). You also have the option to purchase a recurring monthly subscription via credit card, which will renew automatically as well.
You agree that ClarifyIP may process your credit card or PayPal account on each monthly, annual, or other renewal terms (based on the applicable billing cycle), on the calendar day corresponding to the first day you subscribed to a paid subscription. If your paid subscription to ClarifyIP began on a day not contained in a subsequent month (e.g., your service began on January 30, and there is no February 30), ClarifyIP will process your payment roughly every 30 days for that month.
All credit card payments will be processed in Serbian currency – Dinar (RSD). The amount your credit card account will be charged for is obtained through the conversion of the price from USD into Serbian dinar according to the current exchange rate of the Serbian National Bank. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion, there is a possibility of a slight difference from the original price stated on ClarifyIP’s website.
IMPORTANT: Credit card payments are currently unavailable.
You may cancel your ClarifyIP subscription plan at any time from your account page. ClarifyIP reserves the right to cancel your plan in case of a violation of these terms or in case of some other unexpected reasons.
You must cancel an ongoing subscription before the renewal date. Cancellations after or on the renewal date will take effect for the next payment period. If you are subscribed to an annual subscription package, all subscription cancellations will come into effect at the end of your current annual period.
ClarifyIP does not collect and save any credit card data if payment to ClarifyIP is made via a supported credit card.
If any amounts due hereunder are not received by ClarifyIP by the due date, then, at ClarifyIP’s discretion, such charges may accrue late interest at the rate of 12% per year or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. In addition, upon 10 days’ written notice, ClarifyIP may suspend your access to the ClarifyIP API Data & Services if ClarifyIP does not receive the amounts invoiced hereunder at the expiration of such period.
ClarifyIP reserves the right to withhold payment from any user if they engaged in an activity that is deceptive or fraudulent in nature as determined by ClarifyIP at its sole discretion.
If the user of ClarifyIP’s Services is dissatisfied with the said Service because of incorrectly calculated prices or some other deficiencies, the user can submit a reclamation request in accordance with Article 56. of Consumer Protection Law.
In the aforementioned scenario, the user is bound to issue a written reclamation request to ClarifyIP on firstname.lastname@example.org email address or do it orally to an authorized figure in ClarifyIP — Milan Đukić — by phone (011/4020-816) and point out the deficiency of the provided service.
Immediately upon receiving the reclamation request, it will be officially documented, and the user will receive written confirmation of their reclamation request via email.
ClarifyIP will commence with the process of internal control of offered services upon receiving a reclamation request and will deliver a detailed response within 15 days of its submission. ClarifyIP’s response will contain ClarifyIP’s decision on whether it accepts the request, a statement on the Service user’s reclamation request, as well as a concrete suggestion on and a deadline for the reclamation request’s resolution.
In the case of a justifiable reclamation request, ClarifyIP will execute a full refund of paid funds for a deficient Service within 5 days of delivering the response to the user/the submitter of the reclamation request at the latest.
Returns and Refunds
Users who sign up to subscription plans for the first time have fourteen (14) days after their purchase to cancel and receive a refund. Refunds might be partial, depending on the usage until cancellation. After the cancellation period ends, all purchases are final, and all fees paid are non-refundable, even if your account is later terminated by ClarifyIP. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, You will not be eligible for a refund.
In case of refunds to users who’ve paid for ClarifyIP’s services fully or partially with a credit card, regardless of the reasons for issuing a refund, ClarifyIP is obliged to issue the refund via VISA, EC/MC, or Maestro payment methods, meaning that the bank will transfer the refunded funds directly to the cardholder’s bank account at the request of ClarifyIP.
IMPORTANT: Credit card payments are currently unavailable.
Disclaimer of Warranties
ClarifyIP and Clarify IP’s Services are provided “as is,” with no warranties whatsoever. All expressed, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, ClarifyIP disclaims any warranties for the security, reliability, timeliness, and performance of the services. In no event shall ClarifyIP be liable for indirect, special, punitive, or consequential damages, including but not limited to, lost profit, lost data, or otherwise. In no event shall ClarifyIP, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the ClarifyIP API, be liable for indirect, special, punitive, or consequential damages, including but not limited to, lost profits, lost data, or otherwise. ClarifyIP disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. In the event the limitations and disclaimers contained in this Article are found by a court of competent jurisdiction to be ineffective or inapplicable, the parties agree that ClarifyIP’s maximum aggregate liability to You and all end-users, whether arising in contract, tort, strict liability, or otherwise, shall be limited, and in no event shall it exceed the amount of fees paid by You for the current term.
The ClarifyIP website contains expressed or implied forward-looking statements, which are based on current expectations of management. These statements relate to, among other things, our expectations regarding management’s plans, objectives, and strategies. These statements are neither promises nor guarantees but are subject to a variety of risks and uncertainties, many of which are beyond our control and which could cause actual results to differ materially from those contemplated in these forward-looking statements and such statements are current only as of the date they are made.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation of Liability
You expressly understand and agree that under no circumstances shall ClarifyIP or its licensors be liable to any user on account of that user’s use or misuse of and reliance on ClarifyIP’s Services. Such limitations of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if ClarifyIP or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on ClarifyIP’s Services, from the inability to use said Services, or from the interruption, suspension, or termination of said Services (including such damages incurred by third parties). Such limitation shall apply with respect to the performance or non-performance of the Services to the full extent permitted by law. Under no circumstances shall ClarifyIP or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation to, internet failures, computer equipment failures, telecommunication equipment failures, other recruitment failures, electrical power failures, strikes, labor disputes, riots, fires, floods, storms, explosions, acts of God, war, governmental non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Indemnification by You
You shall indemnify, defend, and save harmless ClarifyIP, its affiliates, and subsidiaries and their officers, directors, employees, and agents from any loss, damage, liability, or expense (including reasonable attorneys’ fees, accountants’ fees, and other legal expenses) to which any of them may become subject to and which are in any way related to or which have arisen under or in connection with:
- Any act or omission by You or any person connected, affiliated, or associated with You with respect to this Agreement and/or the ClarifyIP API;
- Any non-fulfillment or breach of any covenant or agreement on Your part pursuant to this Agreement or any incorrectness in or breach of any representation or warranty made by You contained in this Agreement.
Consent to Exclusive Jurisdiction, Waiver of Objections
These Terms and Conditions and the relationship between you and ClarifyIP shall be governed by the laws of the Republic of Serbia without regard to its conflict of law provisions. By choosing to use ClarifyIP’s API Data & Services, You agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Serbia for the adjudication of any and all claims arising out of your use of the ClarifyIP Services and waive any objection thereto.