SpotCrime® API License Agreement

“API Call” means an electronic GET, POST or WEBHOOK request from your Third Party Application to the SpotCrime API that returns the requested SpotCrime Data and Content. For clarity, if no SpotCrime Data and Content is returned, no API Call is made.

“API Key(s)” means unique numbers assigned by SpotCrime which identify the Third Party Application accessing the SpotCrime Service via the SpotCrime API. API Keys are the property of SpotCrime, may not be shared, publicly or privately distributed or otherwise used except solely to exercise the licensed rights hereunder.

“Licensed Materials” means the SpotCrime API, the SpotCrime Data and Content, and accompanying or related documentation, source code, executable applications and other materials.

“Privacy Policy” means SpotCrime’s Privacy Policy located at /privacy, as it may amended from time to time.

“SpotCrime Data and Content” means all programs, data, content, copyrighted and other materials, processes, functionality, information and other matter that can be accessed with or by the SpotCrime API, or that is accessible by ordinary operation of the SpotCrime Services. For the avoidance of doubt, SpotCrime Data and Content includes all geo coded crime data, and all derived data, conclusions or other information created by SpotCrime from such information.

“SpotCrime Marks” means SpotCrime’s name and tradename, trademarks, service marks, logos, trade dress, overall look and feel and other branding made available for use in connection with the Licensed Materials.

“SpotCrime Service” means the electronic service SpotCrime makes available for access to geo coded crime data.

“Subscription Term” means the period from when you first pay for a defined number of API Calls, until the earlier of: (i) the date this Agreement is terminated as provided below; (ii) you consume all of the purchased API Calls; or (iii) the last day of the applicable period stated in the Order Agreement (i.e. typically the last day of a calendar month). For clarity, API Calls are “use or lose” for each period stated in the Order Agreement. Example: You purchase 10,000 API Calls for March, but only use 8,000 API Calls. The remaining 2,000 API Calls are terminated and do not rollover to the next month, nor may they be “banked” or otherwise preserved. If you purchase a recurring subscription, the “Subscription Term” renews on the 1st day of the next period (typically the first of the month), and the number of API Calls resets to the amount purchased for that new Subscription Term.

“Third Party Application(s)” means your applications or services that you make available to Users that contain or otherwise make use of SpotCrime Data and Content AND provide additional material functionality to the User.

“User” means an individual, or the entity the individuals is employed by, who you provide permitted access to your Third Party Application. A person who is not authorized by you to access and use the Third Party Application is not a User.

By using the SpotCrime API or otherwise accessing and/or using SpotCrime Data and Content, subject to any terms in an Order Agreement, you agree that such access and use is licensed under the following licenses, and limited, as follows:

• During the Subscription Term SpotCrime grants you a nonexclusive, nontransferable, nonsublicensable, revocable right and license, to use the SpotCrime API, and only the SpotCrime API, to access SpotCrime Data and Content, solely to provide the SpotCrime Data and Content (including any aggregation or other summaries thereof) to Users through your Third Party Applications;
• You may use the SpotCrime Data and Content obtained through the SpotCrime API to provide services to your Users, provided that: (i) any SpotCrime Data and Content is stored on computers or servers you own or control; and (ii) you make the SpotCrime Data and Content related to a User solely available to that User, or if your service provides for group sharing, available to other Users who have been authorized by such User to view their SpotCrime Data and Content;
• You must use SpotCrime Marks in accordance with all conditions imposed by SpotCrime in the manner of display of such SpotCrime Marks and such SpotCrime Marks may only be displayed in connection with SpotCrime Data and Content as it may be displayed on your service — SpotCrime Marks may not be displayed on or near third party content or services where such display may indicate that SpotCrime is associated with, endorses, or otherwise approves of such third party content. SpotCrime’s trademark guidelines shall be provided to you and may be amended at any time and such amendments shall be effective immediately.
• You may not share, publish, disclose or otherwise use the API Keys except solely for your benefit and solely in accordance with the terms of this Agreement. You must promptly report to SpotCrime any loss or suspected or actual misuse of the API Keys and obtain a new one in such event.
• You must not engage in any act that prevents SpotCrime from logging the access or use of the SpotCrime API or otherwise circumvent the proper functioning of the SpotCrime API.
• You will not use the SpotCrime API or any other information from SpotCrime to replicate or replace the SpotCrime Service. As an example, you may not distribute/sublicense the SpotCrime Data and Content to a third party for their use in a different service.
• You will not distort the presentation of SpotCrime Data and Content so that what is displayed or provided in your service is materially different from the SpotCrime Data and Content provided to you through the SpotCrime API in respect of a User. You may not modify SpotCrime Data and Content and present it as SpotCrime Data and Content but see below as to what extensions or supplementary information you can display with your content.
• You may not engage in hacking, cracking, white hat or black hat network or device penetration testing, security consulting or review, security analysis or any other effort to determine the security status of the SpotCrime API, the SpotCrime Data and Content, or the SpotCrime Service, without the express written permission of SpotCrime.
• You may not circumvent any access or copy controls placed on any SpotCrime Data and Content or the SpotCrime API or SpotCrime Service. You will immediately report any actual or suspected unauthorized access to the SpotCrime API or SpotCrime Data and Content or SpotCrime Service. All such security information is confidential information of SpotCrime under this Agreement and any other agreements you have with SpotCrime.
• You will not use, and you will exert your best efforts but in no event less than reasonable care to prevent others from using, the SpotCrime API, SpotCrime Data and Content or SpotCrime Service in connection with any identity theft, spamming (sending any unauthorized or illegal electronic communication that violates any state’s or federal law), virus, hacking or cracking effort, malware or any other malicious use.
• You will comply with all limitations imposed by SpotCrime on the bandwidth (frequency and amount of access, API Calls and use) of the SpotCrime API.
• You won’t, and won’t attempt, directly or indirectly, or permit another to, interfere with, modify or disable any features or functionality of the SpotCrime Services, SpotCrime API, or SpotCrime Data and Content including, without limitation, any mechanisms used to restrict or control the SpotCrime Services, SpotCrime API, or SpotCrime Data and Content or translate, reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the SpotCrime Services or the SpotCrime Data and Content or remove or modify any proprietary notices, attribution or marks from or delivered as part of the SpotCrime Services or the Licensed Materials.
• You won’t under any circumstances include in or use the SpotCrime Marks, or any marks that are confusingly similar to or derivative of the SpotCrime Marks as part of your trade name (registered or otherwise), logos, or other identifiers, trademarks, servicemarks or otherwise.
• You will maintain standard server logs of all use of the SpotCrime API for a period of not less than 90 days, which period may be extended by written notice from SpotCrime if SpotCrime is engaged in an investigation of the use of the SpotCrime API.
• You may NOT use SpotCrime Data and Content in the training of any large language model, vector based, or other artificial intelligence/machine learning algorithm or system.

You acknowledge and agree that SpotCrime may modify (including but not limited to updating) this Agreement and any Privacy Policy, terms of service or other policies, the SpotCrime Services and the Licensed Materials from time to time (a “Modification”). Except for modifications of the SpotCrime Services, you will generally be notified about Modifications through notifications from SpotCrime, though SpotCrime is not obligated to do so. If you do not agree with any changes made by SpotCrime, your sole remedy is to terminate this Agreement. Your continued access to or use of the SpotCrime Services or any Licensed Materials following such changes shall constitute binding acceptance of the applicable Modification(s). SpotCrime will attempt, but is not obligated, to provide thirty (30) days notice of any Modification that is not backwards compatible or that SpotCrime reasonably believes will remove or materially alter significant functionality of the SpotCrime API.

SpotCrime. SpotCrime and its licensors retain all worldwide right, title and interest in and to the Licensed Materials, including all worldwide intellectual property rights therein. As between you and SpotCrime, SpotCrime owns all right, title and interest in and to the SpotCrime Services, the SpotCrime API, the SpotCrime Data and Content, the SpotCrime Marks, and any derivative works or enhancements thereof, including but not limited to all worldwide intellectual property rights therein. Any of SpotCrime’s rights not expressly granted under this Agreement are withheld. You agree and covenant that you will not challenge SpotCrime’s ownership of the SpotCrime Services, the SpotCrime API, the SpotCrime Data and Content, the SpotCrime Marks, challenge the validity of the licenses granted under this Agreement. If you acquire any rights in the SpotCrime Services, the SpotCrime API, the SpotCrime Data and Content, the SpotCrime Marks (or any confusingly similar marks), by operation of law or otherwise, you hereby automatically assign and convey such rights to SpotCrime for no additional consideration other than the rights granted to you herein.

Your Third Party Applications and data. As between you and SpotCrime, you retain all worldwide right, title and interest in and to your Third Party Applications and data, excluding however: the SpotCrime Services, the Licensed Materials, the SpotCrime Marks, and any derivative works or enhancements thereof, including but not limited to all intellectual property rights therein.

You may provide SpotCrime with feedback or comments related to the Licensed Materials and/or your experience with and use thereof (“Feedback”). You agree that SpotCrime shall be free to make use of, create derived patents from, make, use, sell (or have made or sold), copy, modify, create derivative works of, publicly display, disclose, distribute, license, sublicense, incorporate, and otherwise use Feedback, including all derivative works thereto, for any and all purposes, commercial or otherwise, with no obligation of any kind to you.

This Agreement does not entitle you to any support for the Licensed Materials, unless otherwise provided in an Order Agreement. Any such support provided by SpotCrime shall be subject to the terms of this Agreement as modified by any Order Agreement. You are solely responsible for providing all support and technical assistance to Users. You acknowledge and agree that SpotCrime has no obligation to provide support or technical assistance directly to your Users and you shall not represent to any of your Users that SpotCrime is available to provide such support.

Creation of content. If your Third Party Application allows a User to generate material that will be hosted on computers or servers you control or manage, your Third Party Application will provide the User a prominent and clear disclosure detailing how their must adhere to the restrictions set forth herein.

Removal of content. When you have been notified (for example, through the SpotCrime API), you will immediately, and in any case not later than twenty-four hours after notification, (including, but not limited to, by modifying your applicable Third Party Applications): (i) delete or remove content that has been deleted or removed from the SpotCrime Services; (ii) modify content that has been modified on the SpotCrime Services; and (iii) change the treatment, in your Third Party Applications, of content that has had its sharing options modified.

SpotCrime reserves the right to monitor your use of the Licensed Materials, API Keys and SpotCrime Services for any reason or no reason, including to ensure your compliance with the terms and conditions of this Agreement.

You may choose to collect information relating to Users of your Third Party Applications. If you collect such information, you will provide to Users an applicable privacy policy that clearly discloses your information collection, storage, and sharing practices, including the extent to which your Third Party Application permits disclosure of your User’s information to third parties like SpotCrime. Your privacy policy must: (i) comply and be consistent with all applicable laws and guidelines, including, but not limited to, data protection regulations in applicable territories and the applicable guidelines of the U.S. Federal Trade Commission and applicable state laws; (ii) allow disclosure of your User’s information to SpotCrime, to the extent necessary for your use of the Licensed Materials, in accordance with the then-current Privacy Policy; and (iii) be no less protective of applicable Users than the then-current Privacy Policy.

You may from time to time, gain access to SpotCrime proprietary information, technical data, trade secrets or know-how, including, but not limited to, source code, research, product plans, products, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information that is either marked as “confidential” or disclosed in such a manner that it would be reasonably apparent it should be treated confidentially (“Confidential Information”). You may use Confidential Information only to the extent necessary to exercise your rights under this Agreement. You may not disclose Confidential Information to a third party without the prior express consent of SpotCrime, provided in writing or by email. You agree that you will protect Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect its own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care. If a third party makes a legal request for Confidential Information, you will promptly notify SpotCrime in writing and reasonably cooperate with SpotCrime in protecting such information in such proceeding.

Except as provided in an Order Agreement, this Agreement shall commence on the date you first pay for API Calls and will remain in effect until the end of (a) the term stated in the Order Agreement; or (b) the use of all API Calls. SpotCrime may terminate this Agreement immediately if SpotCrime reasonably determines in its subjective good faith that you or any of your Users have or are likely to violate any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder and terminate all rights to use the Licensed Materials. Upon termination of this Agreement for any reason, you will stop using, and either return to SpotCrime, or at SpotCrime’s election destroy and remove from all computers, hard drives, networks, and other storage media, all copies of the Licensed Materials and any SpotCrime Confidential Information in your possession, custody or control and shall certify to SpotCrime that such actions have occurred; notwithstanding the above, to the extent a User has downloaded or otherwise maintained a copy of the SpotCrime Data and Content solely for that User’s internal use, such User shall have a continuing license to use such SpotCrime Data and Content for that User’s own internal purposes. All provisions of this Agreement survive its termination except for the licenses granted to you.

You represent and warrant that: (i) you have the necessary power and authority to enter into this Agreement, and that the performance of your obligations will not constitute a breach or otherwise violate any other Agreement or the rights of any third party arising therefrom; (ii) you will maintain, throughout the Term, all required rights and licenses related to your Third Party Applications and your Third Party Applications shall not infringe or otherwise violate any third party rights, including but not limited to third party intellectual property rights; and (iii) your uses of the Licensed Materials do and shall comply with all applicable foreign, federal, state and local laws, rules, and regulations.

You hereby indemnify, agree to defend and hold SpotCrime, its subsidiaries, affiliates, officers, employees, and agents harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses brought by a third party arising out of or in connection with: (i) any act or omission by you in connection with your use of the SpotCrime Services or the Licensed Materials; (ii) your use of the SpotCrime Services or the Licensed Materials other than as expressly allowed by this Agreement; (iii) your breach of this Agreement, including but not limited to your representations and warranties herein; (iv) your breach of applicable laws, rules, regulations or orders, or any third party obligations; (v) infringement by you of any third party’s patent, copyright, trade secret, trademark or other proprietary rights; or (vi) your Third Party Applications and services.

THE SPOTCRIME SERVICES AND THE LICENSED MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SPOTCRIME DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE LICENSED MATERIALS AND THE SPOTCRIME SERVICES, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND ANY IMPLIED WARRANTIES ARISING UNDER ANY UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT. THERE IS NO WARRANTY THAT THE SYSTEM, THE SOFTWARE, OR ANY INFORMATION, SOFTWARE, COMPUTER PROGRAM, SERVICES, EFFORTS, OR ANY SYSTEM PROVIDED BY LICENSOR WILL FULFILL ANY PARTICULAR PURPOSES OR NEEDS OF LICENSEE OR ANY AFFILIATE. FURTHER, SPOTCRIME DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE LICENSED MATERIALS OR THE SPOTCRIME SERVICES WILL MEET ANY OR ALL OF YOUR REQUIREMENTS OR THAT SUCH USE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE.

In no event shall SpotCrime be liable to you for any special, incidental, indirect, direct, exemplary, punitive, compensatory, or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this Agreement, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not SpotCrime has been advised of the possibility of such loss or damage. Any claim arising out of or relating to this Agreement must be brought within one (1) year. In any case, SpotCrime’s aggregate liability under this Agreement will not exceed fifty U.S. dollars (US$50.00). The foregoing limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.

This Agreement constitutes the entire agreement among the parties with respect to the subject matter of this Agreement and supersedes and merges all prior proposals, understandings, and contemporaneous communications, whether oral, written or electronic. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any modification of or changes to this Agreement must be in a writing duly authorized by an authorized representative of SpotCrime or pursuant to the provisions herein. You may not assign any of the rights or obligations granted under this Agreement, voluntarily or by operation of law (including without limitation in connection with a merger, acquisition, or sale of assets) except with the express written consent of SpotCrime, and any attempted assignment in violation of this paragraph is void. SpotCrime may assign, transfer or delegate any of its rights and obligations hereunder without notice or consent.

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