Term and Conditions of Use and License Agreement
This Service and License Agreement (“Agreement”) is made by and between you (may be referred to as “your”, “the client”, “user”, “licensee”) and Finnworlds (may be referred to as “Parties” together), to set the terms and conditions of the database and API subscription services of Finnworlds (may be referred to as “Services” together) as well as any other service provided through the website of Finnworlds at “www.finnworlds.com” (“Website”). All use of the Website and the Services either be paid or free as well as the content and the information distributed through these are subject to the acceptance of this Agreement and the Privacy and Data Policy.
The Services Finnworlds provides consist of:
- Static and dynamic data feeds in various financial categories via APIs. These are accessed via digital API keys assigned individually for each client that pulls data from Finnworlds databases.
Such API keys are assigned for API subscription after creating an API subscription successfully on the Website. The access to the Data lasts for as long the subscription is active unless expressed otherwise on the Website.
- Standalone databases provided digitally in various formats and financial categories (“Standalone Databases”): Standalone Database purchases are one-time purchases with instant payment and grant access to the product indefinitely unless expressed otherwise on the Website or in this Agreement.
By using or accessing the Services, you acknowledge that you:
- Have read and agreed to the terms and conditions of this Agreement.
- Have the authority to enter into this Agreement yourself or on behalf of persons the legal entities that you are using or accessing the Services for.
Finnworlds grants you a non-exclusive, non-transferable, revocable, and limited license (“License”) to receive, process, display the data acquired by accessing or using the Services via a paid Premium API subscription or Standalone Database purchase (“Data”) to your end-users of your applications. However;
- You shall ensure your end-users use the data for their own personal use,
- You shall not permit your end-users to further store, distribute, or otherwise exploit the Data for any other purposes.
- You shall not transfer or permit the transfer of the Data outside of your applications for any reason whatsoever.
- You acknowledge that the use of Finnworlds Data & Services and the Finnworlds APIs is licensed, and not sold.
This Agreement, or the use or the access to the Data and the Services shall not be deemed as the purchase of the License or the Data. All rights arising from the Services and the License shall solely belong to Finnworlds alone. For the avoidance of doubt, parties that use this License under this Agreement do not acquire ownership of any rights in Finnworlds brand, the APIs, the Standalone Databases, the content on the Website, the data, or any other feature related to the Services or the Website.
The License shall start with successfully creating an API subscription and/or successfully purchasing a Standalone Database on the Website. The license shall end with the termination of the API subscription or termination of the Services or this Agreement within the scope of this Agreement or at Finnworld’s discretion for reasonable cause.
With this License you shall not:
- Reverse engineer, otherwise decompile or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
- Copy, translate, modify, create a derivative work of, resell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
- Scrape, build separate databases, or otherwise create permanent copies of such content for restricted purposes herein;
- Misrepresent the source or ownership;
- Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material;
- Sublicense (or allow those acting on your behalf to) an API for use by third parties. Likewise, you shall not create an API client that functions substantially the same as the APIs and offer it for use by third parties.
- Interfere with or disrupt the APIs or the servers or networks providing the APIs.
- Use the Services for any activities that could lead to death, personal injury, environmental damage, or violate or infringe the intellectual property rights of Finnworlds or third parties.
- Unless expressly stated in this Agreement, use, store, or access the Services or permit others to use, market, distribute, access, store, export the content provided through the Services after the termination of the Agreement for any reason.
- Use the Services in any way that may violate the applicable law or third-party rights.
- Create API, or similar tools or software that wholly or partially transmit and/or transfer the Data; mirror the Data to third party servers; display, promote, market, send, show the Data, in an “as-is” manner; reverse engineer Finnworldes APIs, extract the source code of the APIs; or attempt or encourage such actions.
The restrictions, terms, and conditions regarding the License shall be applied for users that are provided the Services without payment or partial payment.
In case of any breach of the License or the restrictions by the Licensee, the Licensee shall compensate Finnworlds for all damages.
In case Finnworlds reasonably suspects or becomes aware of such restricted actions or attempts, it shall have the right to terminate the access to the Licensee and the Data indefinitely without notice and compensations or refunds to the Licensee.
The License is non-exclusive on behalf of Finnworlds. Finnworlds may grant this License to others and may develop products or services that may compete with the clients or any other products or services.
If you become aware of such unauthorized use of the Data and the License, please contact us at email@example.com immediately.
Limitation of Liability
You hereby acknowledge that Finnworlds obtains its financial data from a variety of sources and this data may often differ between financial institutions and between geographic jurisdictions and accordingly may vary from that provided by Finnworlds. Finnworlds uses its commercially reasonable efforts to aggregate and provide the most accurate and timely financial data available from the aforementioned sources; however, Finnworlds does not make any representations or warranties as to accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing or completeness of the Data provided through its APIs. You hereby agree that no part of the Data constitutes advice regarding financial, investment, legal, or tax matters, and that you and all your end users should seek independent professional advice before making any decisions regarding such matters. Neither Finnworlds nor any of its suppliers, affiliates, distributors, resellers, employees, directors, representatives make any further promises or give warranties regarding the Services.
The liability of Finnworlds regarding the APIs is limited to the extent stated in this Agreement and the Service Level Agreement (SLA) which may be amended from time to time at Finnworld’s sole discretion.
In no case and under no legal theory including but not limited to in agreement, tort, negligence, or otherwise, Finnworlds or any of its suppliers, affiliates, distributors, resellers, employees, directors, representatives shall be responsible for any indirect damages under any name including but not limited to lost profits, lost sales or business, lost data, business interruption, loss of goodwill, or any incidental, special, exemplary, consequential or punitive loss or damages, or any other loss or damages incurred by you or third party in connection with the Data, even in cases Finnworlds was informed of the probability of such damages in prior.
In any case, the liability of Finnworlds or any of its suppliers, affiliates, distributors, resellers, employees, directors, representatives shall be limited to the sum paid by the Licensee during the time which gave rise to the damages.
Finnworlds provides its Services in Good Faith. Finnworlds shall not be liable for failure or delay in performance to the extent caused by circumstances beyond Finnworlds’ reasonable control. Finnworlds does not represent or warrant that the Services will be provided in an interruptedly, error-free manner nor that in case of errors, these will be corrected.
Finnworlds may change or modify the structure or the format of the Services, the Data or the APIs at its sole discretion from time to time without notice.
Finnworlds reserves to right at any time to terminate this Agreement or cease distributing the API and Data services if for any reason it no longer retains the right to do so or as a commercial decision.
The API key generated and assigned for each API subscription is subject to the personal use of the subscriber alone and shall not be shared or be used by third parties without the prior written approval of Finnworlds.
You accept to take all necessary measures to safeguard your API key to prevent unauthorized access, disclosure, modification, publication, reproduction, resell, transfer or any use of your API key or the content provided through the APIs by unauthorized third parties. In case of unauthorized access for this reason, you are obliged to compensate Finnworlds for all damages.
In case you become aware of such unauthorized or access to the API key or the Services, you must notify Finnworlds immediately.
In order to access API and Standalone Database services, you will be required to provide contact and billing information as a part of the registration. You acknowledge that such information should always be up-to-date for us to properly provide you with the Services. You may modify your information on user dashboards on the Website or send us a support ticket via email.
You shall not disclose your API key or login credentials to third parties. In such case, you shall bear responsibility for the unlawful actions of such third parties. In this regard, you shall take all necessary security measures to safe keep your API key and credentials.
All API subscriptions, including subscriptions that may be provided under the name “Unlimited”, are subject to a certain monthly API call limit which users shall abide by and not exceed. If you exceed your monthly API call limit, the Finnworlds APIs will return an error and no further successful API calls can be made before the subscription renews for another month. It is your responsibility to ensure that your API clients properly detect and handle API call limits and errors regarding this.
Finnworlds shall its best efforts to help you identify and resolve problems arising from your use of the APIs, or to determine whether your current API subscription plan suits your requirements. Finnworlds shall have the right to limit your API calls at its sole discretion in case Finnworlds believes that the API calls associated with your API key are being made for malicious reasons or as a result of a technical error.
In case you are not satisfied with the Services and would like to discontinue the Services, you shall cancel your API subscription and terminate your access and use to the Data as a sole remedy.
You shall inform your end-users to comply with and not knowingly violate any applicable law, regulation, third-party rights and terms and conditions of the License and the Agreement.
You shall comply with all applicable laws, regulations, and third-party rights and shall not use the Services to encourage or promote illegal activity or violation of applicable laws, regulations, and third-party rights.
Finnworlds may monitor your use of the APIs to ensure and improve the quality and verify your compliance with this Agreement. In case of reasonable suspicion of incompliance, Finnworlds may temporarily or permanently suspend your access to the Services without notice and compensation.
You shall have the sole responsibility for providing and maintaining all software, hardware, Internet connection, and other technical agents needed to access the Data.
Relationship of the Parties
This Agreement does not constitute a partnership, affiliation sponsorship or a similar relationship between the client and Finnworlds. The client shall not make any statements that may suggest otherwise without Finnworlds’ prior written approval.
Finnworlds may use and share with third parties your company or product name for promotion, marketing or demonstration purposes by producing, sharing or distributing screenshots, video, or other content from your API client.
It is not obligatory to include a hyperlink or a reference in your website, project, analysis report or application that leads to Finnworlds Website to refer to us but would be highly appreciated.
If you provide feedback or suggestions about the Services on any online platforms or to Finnworlds team directly, Finnworlds may use these for the improvement of the Services without notice or obligations.
The content and the pricing of each API subscription plan and Standalone Database are as seen on the Website, on the “Pricing” page and may be updated from time to time by Finnworlds. We will send you an email informing you in case there is an increase in pricing for your current API subscription or the content of the subscription plan. If you continue to use the Services after our notification, you shall be deemed to have accepted the new pricing or plan.
Unless expressed otherwise in this Agreement or on the Website, each API subscription plan is subject to a certain number of monthly API call limit. Unused API calls in a month will not be carried over to the next. In case you exceed your limit, you may upgrade your current API subscription plan on your dashboard or by sending us a request, and the new, higher limits will be applied immediately to your account.
API subscription may be subject to a trial month pricing that applies for the first month of the subscription. After the trial month ends, if the subscription is not canceled, the subscription will be automatically charged at the original rate for each following subscription month.
In case the payment details (for example, the credit card or PayPal) you submit for your API subscription payments fail to transact a monthly term, the system will automatically try to charge you every 3 days. This 3-day period may differ based on the practices of your bank. If this fails multiple times, your API subscription may be automatically canceled without notice.
Your obligation to make the payments for the monthly periods in which the subscription was active will remain until the API subscription is duly canceled and the due months are paid.
You may upgrade or cancel your API subscription plan anytime on your dashboard or by sending us a support ticket via email. Downgrades are only possible with requests via email. Please make sure to send the cancellation or downgrade request via email at least 7 days prior to the next monthly renewal date, otherwise, your request may not be granted on time.
If you do not cancel the API subscription on your dashboard due to your own fault or negligence, and the subscription renews for other months after the intended cancellation, you shall be responsible for the payment of these renewed periods.
Prices seen on the Website exclude VAT.
All monthly API subscription fees and all Standalone Database purchases are final and non-refundable even in cases the Services are not actively or at all used.
Termination and Cancellation
The terms of this Agreement regarding payments, compensation, license terms and restrictions shall survive even after an API subscription has been canceled.
Unless an API subscription has not been canceled, it, and therefore this Agreement will be automatically renewed for another 30-day period.
In case a client breaches this Agreement, Finnworlds reserves the right to unilaterally terminate this Agreement and discontinue providing the client the Services as well as access to these without liabilities and/or obligations under any name to the client.
Upon termination of this Agreement and/or your API subscription for any reason, you shall stop using all Finnworlds Trademarks, and delete any cached or stored content and Data. Finnworlds may independently communicate with any account owner whose account(s) are associated with your API client and developer credentials to provide notice of the termination of your right to use an API.
“Finnworlds”, “finnworlds.com”, the Finnworlds logo and other identifying marks of Finnworlds are and shall remain the trademarks and trade names and exclusive property of Finnworlds, and any unauthorized use of these marks shall be deemed unlawful.
You shall indemnify, defend, and save harmless Finnworlds, 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 Data; and/or,
- any non-fulfillment or breach of any covenant or agreement on your part arising from this Agreement or any incorrectness in or breach of any representation or warranty made by you contained in this Agreement.
The Parties shall not be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; acts of God; pandemic; electrical, internet, or telecommunication outage that is not caused or foreseeable by the Parties; government restrictions (including the denial or cancelation of any export, import or other licenses); or other events outside the reasonable control of the Parties. The Parties will use reasonable efforts to mitigate the effect of a force majeure event. If such an event continues for more than 30 days, both Parties may cancel upon written notice to the other Party. This Article does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures.
All notices to Finnworlds shall be made via email to the addresses on our contact page.
This Agreement and all future amendments to it shall be in English. In case of discrepancies between the English version and any other translated versions, the English version shall prevail.
This Agreement shall supersede any oral or previously written agreements between Finnworlds and the client.
In case Finnworlds does not take immediate action towards any of its rights in this Agreement, this shall not be interpreted as the surrender of such rights. All rights of Finnworlds are hereby reserved.
In case any of the articles of or provisions of this Agreement becomes unenforceable or against the law, these shall be deemed inactive while the remaining articles and provisions shall stay in force.
Should you have any questions, comments or complaints about the matters in this Agreement, please do not hesitate to contact us by sending us an email.