These Terms of Service ("Terms") govern your access to and use of the Offenders.io API and related services.
By accessing or using the Offenders.io API, creating an account, requesting or using an API key, or paying any invoice referencing these Terms, you agree to be bound by these Terms. In these Terms, "Offenders.io," "Provider," "we," "us," or "our" means Offenders.io, and "Client," "you," or "your" means the person or entity accessing or using the API. If you are using the API on behalf of a company or other entity, you represent that you have authority to bind that entity.
If you have a separate signed order form, subscription agreement, Business Associate Addendum, data processing addendum, or other written agreement with Offenders.io, that agreement will control to the extent it conflicts with these Terms.
1. Services
1.1. Provider provides access to the Offenders.io Sex Offender API ("API") as described in Provider's published API documentation ("Documentation").
1.2. Provider may update the API, Documentation, endpoints, fields, features, rate limits, and technical requirements from time to time. Where practical, Provider will provide notice of material changes that may require implementation updates.
2. Term, Termination, and Suspension
2.1. These Terms begin when you first access or use the API and continue until terminated.
2.2. Unless otherwise stated in a separate written agreement or order form, either party may terminate API access upon fifteen (15) days' written notice.
2.3. Provider may suspend or terminate access immediately if Provider reasonably believes that Client's use creates a security, legal, compliance, operational, payment, fraud, or data misuse risk, including unauthorized PHI transmission, credential compromise, scraping, rate-limit circumvention, use outside the approved scope, or use that violates Section 5. Provider will provide notice as soon as reasonably practicable after suspension where legally and operationally appropriate.
2.4. Provider may suspend access for failed payment or non-payment. Access may be restored after successful payment, subject to Provider's account review.
2.5. Termination or suspension does not relieve Client of any payment obligations accrued before termination or suspension.
3. Fees and Payment
3.1. Fees are based on the pricing plan, order form, invoice, or rates published on the Pricing Page, as applicable.
3.2. For self-service or usage-based accounts, Provider may invoice Client when unbilled usage reaches the applicable billing threshold or at the end of the monthly billing cycle, whichever occurs first. Provider may charge the payment method on file. Client is responsible for maintaining a valid payment method.
3.3. Provider may update pricing from time to time. Unless otherwise stated in a separate written agreement, updated pricing applies prospectively to future usage, renewals, or billing periods.
3.4. Any invoice remaining unpaid for more than thirty (30) days may accrue interest at the rate of 1.5% per month, or the maximum rate permitted by law, whichever is less. Client is responsible for reasonable collection costs, including attorneys' fees.
3.5. Fees do not include taxes. Client is responsible for all applicable taxes, except taxes based on Provider's income.
4. License and Restrictions
4.1. Provider grants Client a non-exclusive, non-transferable license to access and use the API and the data returned by the API ("API Data") to: (a) integrate API Data into Client's products and services; (b) display API Data to end users of those products and services; and (c) use API Data for Client's internal business operations, including compliance and operational monitoring, subject to these Terms.
4.2. Client may not: (a) resell, sublicense, or redistribute raw API Data as a standalone dataset; (b) provide standalone access to the API or API Data unless expressly authorized in writing by Provider; (c) use API Data to create, power, or resell a substantially similar sex-offender registry data product or API service; (d) reverse engineer, decompile, reconstruct, scrape, bulk export, or attempt to replicate the API's data model, database, sourcing methodology, or technical controls; (e) circumvent rate limits, authentication, usage limits, or other technical controls; (f) use API Data as the sole basis for any adverse action against any individual; or (g) use the API or API Data for any unlawful purpose.
4.3. Client is responsible for maintaining the confidentiality and security of its API keys, credentials, systems, and integrations. Client is responsible for all activity under its API keys unless caused by Provider's breach of these Terms.
4.4. Provider may monitor API usage for billing accuracy, security, operational reliability, compliance with these Terms, and abuse prevention. Monitoring is limited to Provider's infrastructure, account records, request metadata, usage patterns, and security events, and must not be used for purposes unrelated to the API or these Terms.
5. API Data, Compliance, and Regulated Uses
5.1. API Data consists of records matched from official public sex-offender registries and related public sources. A returned record is a candidate match, not a confirmed identity verification. Client is solely responsible for verifying identity before taking action based on API Data.
5.2. Provider does not provide risk scoring, adjudication, formal background check reports, consumer reports, eligibility recommendations, legal advice, regulatory compliance advice, medical advice, clinical decision support, healthcare treatment, diagnosis, or care-management services.
5.3. Provider is not a consumer reporting agency as defined by the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq. ("FCRA"). API Data does not constitute a "consumer report" under FCRA, and Provider does not furnish consumer reports.
5.4. API Data alone does not constitute a background check report, eligibility recommendation, or adjudicated decision for employment, housing, credit, insurance, or any other purpose governed by FCRA or similar federal, state, or local laws. Client may not represent raw API Data as such to end users, regulators, or third parties.
5.5. Client may incorporate API Data into regulated screening, eligibility, compliance, or monitoring workflows only if Client has independently determined that it has a lawful basis and permissible purpose to do so, satisfies all legal requirements applicable to those workflows, and does not represent Provider as a consumer reporting agency or the source of a consumer report. Those requirements may include identity verification, notices, authorizations, consents, permissible purpose, adverse-action procedures, dispute handling, record retention, state mini-FCRA laws, ban-the-box laws, data-broker obligations, and final decisioning.
5.6. Provider does not perform regulated screening functions on Client's behalf unless expressly agreed in a separate written addendum.
5.7. Standard API accounts do not include a HIPAA Business Associate Agreement ("BAA") and are not approved workflows for Protected Health Information ("PHI") or electronic Protected Health Information ("ePHI"). Client may not submit, transmit, or otherwise make available PHI or ePHI through the API, support channels, email, chat, sales calls, screen shares, or any other channel unless the parties have executed a BAA covering that workflow.
5.8. HIPAA-supported enterprise workflows are available only under a separately executed BAA. Enterprise account status, payment of an invoice, or use of a custom API key does not by itself create a BAA.
5.9. For customers with an executed Business Associate Addendum, that addendum governs Provider's handling of PHI to the extent required by HIPAA and controls over conflicting terms regarding PHI. Client remains responsible for determining whether its use of the API is subject to HIPAA or other healthcare privacy laws, sending only the minimum necessary PHI through approved workflows, and obtaining all required notices, permissions, consents, and authorizations.
5.10. Upon termination, unless applicable law requires longer retention, Client must delete or purge stored API Data within thirty (30) days. Incidental copies in routine backups, logs, audit records, or legally required records may be retained until overwritten or deleted under Client's ordinary retention schedules. Upon Provider's written request, Client will certify in writing that deletion is complete.
5.11. Provider may retain usage records, billing records, security records, audit records, de-identified or aggregated data, and records required by law or legal process in accordance with Provider's ordinary retention schedules and legal obligations.
6. Confidentiality
6.1. Each party agrees to keep confidential all non-public information disclosed by the other party that is marked as confidential or that should reasonably be understood to be confidential.
6.2. Confidential Information may be used only to perform or exercise rights under these Terms and may be shared only with personnel, contractors, advisors, service providers, or professional representatives who need to know the information and are bound by confidentiality obligations.
6.3. Confidential Information does not include information that is publicly available without breach, already known without confidentiality obligations, lawfully received from a third party, or independently developed without use of the other party's Confidential Information.
7. Representations and Warranties
7.1. Provider represents and warrants that it has the necessary rights to provide the API in accordance with these Terms.
7.2. Client represents and warrants that it will use the API and API Data in compliance with all applicable laws, regulations, and these Terms.
8. Disclaimer of Warranty
8.1. API Data is aggregated from public sources. Provider does not independently verify or validate all API Data and does not guarantee that API Data is accurate, complete, current, or error-free.
8.2. THE API, API DATA, DOCUMENTATION, AND RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8.3. CLIENT ACKNOWLEDGES AND AGREES THAT USE OF THE API AND API DATA IS AT CLIENT'S SOLE RISK.
9. Limitation of Liability
9.1. In no event will either party be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, loss of goodwill, or loss of data, arising out of or related to these Terms, even if advised of the possibility of such damages.
9.2. Except for Client's payment obligations, Client's indemnification obligations, Client's breach of Section 4, Section 5, or Section 6, or either party's fraud or willful misconduct, each party's total liability arising out of or related to these Terms will not exceed the total amount paid by Client to Provider during the twelve (12) months before the event giving rise to the claim.
10. Indemnification
10.1. Client agrees to indemnify, defend, and hold harmless Provider and its officers, directors, employees, contractors, and agents from and against any claims, damages, liabilities, costs, fines, penalties, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) Client's use of the API or API Data; (b) Client's products, services, workflows, decisions, or end-user relationships; (c) Client's reliance on API Data; (d) Client's breach of these Terms; (e) Client's violation of applicable law; or (f) Client's use of API Data in violation of Section 5, including any claim involving FCRA, HIPAA, privacy, consumer-reporting, adverse-action, notice, authorization, consent, dispute, or final-decision obligations.
10.2. Provider agrees to indemnify Client from third-party claims arising from Provider's material breach of these Terms, subject to Section 9.
10.3. Provider is not responsible for claims arising from Client's use, reliance, products, services, workflows, decisions, end-user relationships, or from acts or omissions of public registries, public data sources, infrastructure providers, or other third parties outside Provider's reasonable control.
11. Changes to These Terms
11.1. Provider may update these Terms from time to time by posting a revised version on its website or otherwise providing notice.
11.2. Changes are effective when posted or on the effective date stated in the updated Terms. Continued use of the API after updated Terms become effective constitutes acceptance of the updated Terms.
12. Miscellaneous
12.1. Notices must be in writing and may be given by email. Notices to Client may be sent to the email address associated with Client's account, invoice, or billing profile. Notices to Provider may be sent through the contact information listed on Provider's website or invoice.
12.2. Neither party may assign these Terms without the other party's prior written consent, except that either party may assign these Terms without consent to a successor in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
12.3. These Terms, together with any applicable pricing plan, invoice, order form, signed agreement, Business Associate Addendum, or other mutually executed addendum, constitute the entire agreement between the parties regarding the API and supersede prior or contemporaneous understandings on that subject.
12.4. If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.
12.5. There are no third-party beneficiaries under these Terms.
12.6. Neither party will be liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government action, internet or infrastructure failures, denial-of-service attacks, upstream public registry unavailability, or other force majeure events.
12.7. Unless indicated otherwise by Client, Client will allow Offenders.io to use the name and logo of Client in its marketing and promotional activities, including being posted on Offenders.io's website, on social media, and in its marketing and advertising materials.
13. Governing Law and Jurisdiction
13.1. These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles.
13.2. Any legal action or proceeding arising under these Terms must be brought exclusively in the state or federal courts located in Wyoming, and the parties consent to personal jurisdiction and venue there.