Terms of Service

1. Definitions

• "biz collect", "we", "us", "our" - Nico Jaroszewski, sole proprietor, Schlosstalstrasse 202, 8408 Winterthur, Switzerland.
• "Customer", "you" - the natural or legal person who registers for or uses the Service.
• "Service" - the biz collect website at bizcollect.dev, the API endpoints, and any related documentation.
• "Customer Data" - data submitted by Customer to the Service via API requests, account configuration, or otherwise.

2. Account registration

To use the Service, you must register for an account through our authentication provider. You agree to provide accurate information, keep it current, and safeguard your credentials. You are responsible for all activity occurring under your account.

3. Service description

The Service provides programmatic access to structured business-listing data via a REST API. Specifications, request and response schemas, and rate limits are described in the public API documentation.

4. API access and quotas

API access is granted via API keys issued from your account dashboard. Each plan includes a quota; exceeding the quota may result in rate limiting or temporary suspension of API access. We may adjust quotas with reasonable notice. Quotas reset at the start of each billing cycle.

5. Acceptable use

Your use of the Service is governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations may result in suspension or termination under Section 14.

6. Plans, fees, and taxes

Plans, fees, and billing terms are presented at the point of purchase. All fees are exclusive of applicable taxes, which Customer is responsible for. Fees are non-refundable except where required by mandatory law. We may change pricing for future billing cycles with at least 30 days' notice.

7. Customer Data

Customer retains all rights, title, and interest in Customer Data. Customer grants biz collect a non-exclusive, worldwide, royalty-free license to host, process, and transmit Customer Data solely as necessary to provide the Service.

8. Our intellectual property

The Service, including all software, documentation, branding, and the underlying data structures, is the intellectual property of biz collect. Nothing in these Terms grants Customer any right or license in our intellectual property except the limited right to use the Service.

9. Confidentiality

Each party agrees to protect the other's confidential information using the same degree of care it uses to protect its own (and in no event less than reasonable care). Confidential information may be disclosed only on a need-to-know basis to personnel bound by equivalent confidentiality obligations.

10. Data protection

The processing of personal data on behalf of Customer is governed by our Data Processing Addendum, which is incorporated into these Terms by reference and forms an integral part of the agreement between the parties. By using the Service, Customer agrees to the DPA.

11. Warranties and disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, biz collect disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

12. Limitation of liability

To the maximum extent permitted by law, biz collect's aggregate liability for any and all claims arising out of or related to these Terms or the Service shall not exceed the fees paid by Customer to biz collect in the twelve (12) months preceding the event giving rise to the claim. Neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, even if advised of the possibility of such damages. Nothing in this Section limits liability for gross negligence or willful misconduct.

13. Indemnification

Customer agrees to indemnify and hold harmless biz collect from and against any claims, damages, liabilities, and costs (including reasonable legal fees) arising out of or related to (i) Customer's use of the Service in violation of these Terms or applicable law, (ii) Customer Data, or (iii) Customer's violation of any third-party rights.

14. Term and termination

These Terms remain in effect for as long as you use the Service. Either party may terminate the agreement at any time, with or without cause, by closing the Customer account (in the case of Customer) or by providing 30 days' written notice (in the case of biz collect). We may terminate or suspend immediately for material breach, including violations of the Acceptable Use Policy, non-payment, or illegal use of the Service. Upon termination, your right to access the Service ceases; Customer Data is deleted according to the retention schedule in the Privacy Policy.

15. Suspension

We may suspend access to the Service if we reasonably believe Customer's use poses a security risk, may cause us legal liability, violates law, or violates these Terms. Where practicable, we will provide notice and an opportunity to cure.

16. Modifications

We may modify these Terms from time to time. Material changes will be announced with at least 30 days' notice via email or in-app notice. Continued use of the Service after the effective date of a modification constitutes acceptance of the new Terms.

17. Governing law and jurisdiction

These Terms are governed by the laws of Switzerland, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Winterthur, Switzerland, subject to mandatory consumer-protection venue rules where applicable.

18. Miscellaneous

These Terms, together with the Acceptable Use Policy, DPA, and Privacy Policy, constitute the entire agreement between the parties regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver of the right to enforce it later. Neither party may assign these Terms without the other's consent, except in connection with a merger, acquisition, or sale of substantially all assets.

Contact

Questions about these Terms? Email info@bizcollect.dev.

Questions about this policy? Email info@bizcollect.dev. Previous versions of every legal document are visible in our public Git history.