By accessing or using the Offenders.io API, or by paying any invoice referencing these Terms, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company, you represent that you have the authority to bind such entity to these terms.
1. Services
1.1. Provider agrees to provide access to its Sex Offender API ("API") as described in the attached API documentation ("Documentation").
1.2. Client agrees to subscribe to the API for the term specified in Section 2 below.
2. Term and Termination
2.1. The initial term of this Contract shall commence on the Effective Date and shall remain active unless terminated under Section 2.2. or 2.3.
2.2. This Contract may be terminated by either party upon 15 days written notice to the other party.
2.3. Either party may terminate this Contract immediately upon notice to the other party if a party materially breaches the Contract, and if such breach is capable of being remedied, fails to remedy such a breach within 15 days after receiving written notice of the breach.
3. Fees and Payment
3.1. Fees are based on per-API-call usage at the rates published on the Pricing Page (https://offenders.io/pricing). Provider may update pricing at any time without prior notice.
3.2. Provider will invoice Client (a) when unbilled usage reaches the billing threshold published on the Pricing Page, or (b) at the end of each monthly billing cycle — whichever occurs first. Invoices are charged automatically to the payment method on file. Client is responsible for maintaining a valid payment method at all times.
3.3. If an invoice payment fails, API access will be automatically suspended. Access will be automatically restored upon successful payment. Provider will notify Client by email at the time of suspension.
3.4. Any invoice remaining unpaid for more than thirty (30) days shall accrue interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is less), plus a $200.00 administrative late fee. Client shall also be responsible for all reasonable costs of collection, including attorneys' fees.
3.5. Provider reserves the right to suspend or terminate access for extended non-payment, suspected fraud, or violation of these Terms.
4. License and Restrictions
4.1. We grant you a non-exclusive, non-transferable license to access and use the API and the data it returns ("API Data") to (a) integrate API Data into your own products and services, (b) display API Data to end users of those products, and (c) use API Data for your own internal business operations.
4.2. You may not: (a) resell, sublicense, or provide standalone access to the API or raw API Data, except as expressly authorized in a separate written agreement with Provider — your products must incorporate API Data as one component of a broader application; (b) use API Data to build or operate a service whose primary purpose is to replicate or substitute for the Offenders.io API; (c) reverse engineer, decompile, or reconstruct the API's data model or sourcing methodology; (d) circumvent rate limits, authentication, or other technical controls; (e) use the API for any purpose that violates applicable law.
4.3. You are solely responsible for ensuring that your use of API Data — and your end users' access to it — complies with all applicable laws and regulations.
4.4. Customer acknowledges that API Data consists of candidate public registry records from official public sources. Provider does not verify that any returned record corresponds to the person searched, and does not provide risk scoring, adjudication, background check reports, consumer reports, or eligibility recommendations.
4.5. Unless expressly authorized in a separate written agreement with Provider, Customer may not use API Data, or permit API Data to be used, to determine any individual's eligibility for employment, housing, credit, insurance, or any other purpose governed by the Fair Credit Reporting Act or similar laws.
4.6. Customer acknowledges that API Data is not compiled, verified, or maintained for the purpose of serving as a consumer report. Any use of API Data for FCRA-regulated purposes without the separate written agreement described in Section 4.5 constitutes a material breach of this Agreement.
4.7. Upon termination of this agreement, you must delete all cached API Data within 30 days.
5. Confidentiality
5.1. Each party agrees to keep confidential all information disclosed by the other party that is marked as confidential or that should reasonably be understood to be confidential.
6. Representations and Warranties
6.1. Provider represents and warrants that it has the necessary rights to grant the license and provide the API in accordance with this Contract.
6.2. Client represents and warrants that it will use the API in compliance with all applicable laws and regulations.
7. Disclaimer of Warranty
7.1. The data provided through the API is aggregated from public sources. The Provider does not independently verify or validate this data. THE PROVIDER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE DATA PROVIDED THROUGH THE API.
7.2. The API and any related services are provided "as is" and "as available," without warranty of any kind.
8. Limitation of Liability
8.1. In no event shall either party be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Contract.
8.2. IN NO EVENT SHALL EITHER PARTY'S TOTAL LIABILITY EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO PROVIDER DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION ACCRUES.
9. Indemnification
9.1. Client agrees to indemnify, defend, and hold harmless Provider from and against any claims arising out of Client's use of the API, reliance on data, or breach of this Contract.
9.2. Provider agrees to indemnify Client from third-party claims arising from Provider's material breach of this Contract.
9.3. Provider's total aggregate liability under this section is subject to the limitations in Section 8.2.
10. Miscellaneous
10.1. Notices shall be in writing and given by email.
10.2. Neither party may assign this Agreement without prior written consent, except to a successor in a merger, acquisition, or sale of assets.
10.3. This Contract constitutes the entire agreement between the parties.
11. Governing Law and Jurisdiction
11.1. This Agreement shall be governed by the laws of the State of Wyoming. Any legal action shall be brought exclusively in the state or federal courts located in Wyoming.