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. Provider grants Client 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 Client's products and services, (b) display API Data to end users of those products, and (c) use API Data for Client's internal business operations, including compliance and operational monitoring.
4.2. Client agrees not to: (a) resell, sublicense, or redistribute raw API Data as a standalone dataset, or provide standalone access to the API, unless expressly authorized in writing by Provider; (b) use API Data to build a competing sex-offender registry API or standalone data service that substantially replicates the API; (c) reverse engineer, decompile, or reconstruct the API's data model or sourcing methodology; (d) circumvent rate limits, authentication, or other technical controls; or (e) use the API for any unlawful purpose. For clarity, Client may include API Data as one component of Client's own products and services as permitted under Section 4.1.
4.3. Client is responsible for ensuring that its use of API Data, and its end users' access to it, complies with all applicable laws and regulations. Provider may provide documentation or integration support, but does not provide legal or regulatory compliance advice.
4.4. Client understands that API Data consists of records matched from official public sex-offender registries. A returned record is a candidate match, not a confirmed identity verification. Provider does not provide risk scoring, adjudication, formal background check reports, consumer reports, or eligibility recommendations.
4.5. API Data alone does not constitute a consumer report, background check report, eligibility recommendation, or adjudicated decision for employment, housing, credit, insurance, or any other purpose governed by the Fair Credit Reporting Act or similar laws. Client may not represent raw API Data as such to end users, regulators, or other third parties.
4.6. Client may incorporate API Data as one input into its own regulated screening, eligibility, or compliance workflows. When doing so, Client is responsible for satisfying all applicable legal requirements for those workflows, including, as applicable, identity verification, notices, authorizations, consents, permissible purpose, adverse-action procedures, dispute handling, record retention, and final decisioning. Provider does not perform regulated screening functions on Client's behalf unless expressly agreed in a separate written addendum.
4.7. API Data does not replace any consumer report, adjudicated background check, notice, authorization, adverse-action, or dispute-handling process required by the Fair Credit Reporting Act or similar laws.
4.8. Standard API accounts do not include a HIPAA Business Associate Agreement ("BAA"). Client may not submit, transmit, or otherwise make available Protected Health Information ("PHI") or electronic Protected Health Information ("ePHI") through the API or any support channel unless the parties have executed a BAA covering that workflow. HIPAA-supported enterprise workflows are available under a separate BAA; enterprise account status, payment of an invoice, or use of a custom API key does not by itself create a BAA.
4.9. 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.
4.10. API Data is sourced from public registry records and is not medical advice, clinical decision support, healthcare treatment, diagnosis, or a care-management service.
4.11. Upon termination, unless applicable law requires longer retention, Client must delete or purge stored API Data within 30 days. Incidental copies in routine backups or logs may be retained until overwritten under Client's ordinary retention schedules.
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.