Terms & Conditions of Use


Preamble

The ExchangeRate-API.com website & associated services (including those operated from exchangerate-api.com, er-api.com and sub-domains) are owned & operated by AYR Tech (Pty) Ltd, a company incorporated in the Republic of South Africa under 2014/090625/07, hereafter referred to by any of ExchangeRate-API, AYR Tech, the Service or the Website.

Access to and use of ExchangeRate-API is conditional on acceptance of and compliance with these Terms and Conditions of Use, hereafter referred to as the Terms. These Terms apply to all visitors, users and others who access or use this Service via the web, API or any other means. By accessing or using ExchangeRate-API you agree to be bound by these Terms. If you do not wish to agree to any part of these Terms then you may not access ExchangeRate-API or use ExchangeRate-API.


LICENSE

These Terms grant you a non-transferable, non-exclusive, revocable and limited license to use ExchangeRate-API. You may not lease, sublease, sell, rent, loan or otherwise transfer or dispose the use of ExchangeRate-API in any way to any third party. All software and contents involved in providing ExchangeRate-API are protected by copyright and trademark laws. This license grants no rights, titles, or interests in or to ExchangeRate-API, ExchangeRate-API trademarks or ExchangeRate-API trade names.

To further clarify, this license does not permit re-distribution of our data. ExchangeRate-API data may only be used for your end purposes and not in any product or service that offers programmatic or automatic access to exchange rate data. We reserve the right to determine which products or services infringe this term. Please contact us if you're unsure of a specific use case and we can give you guidance in writing.

This license does not restrict Free Plan accounts differently to paid accounts, so both Free Plan and paid ExchangeRate-API accounts are suitable for either commercial or personal use.


DISCLAIMER

Currency and exchange rate data provided by ExchangeRate-API is only suitable for informational or illustrative purposes. Use of the exchange rates we provide for actual transactions or as financial data is explicitly not recommended.

Although a best effort is made to ensure currency and exchange rate data returned by this API is up to date, we cannot guarantee the accuracy of any exchange rates we provide. We make no warranties or guarantees - express or implied - regarding exchange rate information returned by our API, its completeness or correctness, its accuracy or its fitness for any particular purpose.


No Warranties and Limitation of Liability

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

You agree not to hold us responsible for any data loss incurred. You agree not to hold us responsible for any liability due to using currency or exchange rate information presented by this Service.

We cannot guarantee continuous, error-free or secure access to our Service or that defects in the Service will be corrected. While we will use reasonable efforts to maintain an uninterrupted Service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our Service or the safety of data submitted to ExchangeRate-API.

You expressly understand and agree that ExchangeRate-API shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF EXCHANGERATE-API IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous sentence, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to 500 South African Rands.


Indemnity

You hereby indemnify ExchangeRate-API and undertake to keep ExchangeRate-API indemnified against losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ExchangeRate-API to a third party in settlement of a claim or dispute on the advice of ExchangeRate-API legal advisers) incurred or suffered by ExchangeRate-API arising out of any breach by you of any provision of these Terms.


Merchant of Record Notice

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides customer service on our behalf for VAT and billing related support requests.


Conditions of Use

As a condition of your use of ExchangeRate-API you agree that you will not:

• violate any laws;
• infringe any third-party right;
• use any technologies that may harm ExchangeRate-API;
• use any technologies that may harm the interests or property of ExchangeRate-API users;
• copy, modify, or re-distribute any content without our express consent;
• harvest or otherwise collect information about other users without their consent;
• bypass measures used to prevent or restrict access to ExchangeRate-API.

Without limiting other remedies, we may issue warnings, limit or terminate access to our Service, remove hosted content and take technical and legal steps to keep users off ExchangeRate-API, temporarily or permanently, at our discretion. However, whether we decide to take any of these steps, remove hosted content or keep a user off ExchangeRate-API or not, we do not accept any liability for unauthorized or unlawful content on ExchangeRate-API or wrongful use of ExchangeRate-API by users.


Data Caching Policy

Users are given permission to store & re-use any data retrieved from our API. Users are, however, strongly reminded of the terms in the LICENSE section above specifying that data gathered from our API cannot be re-distributed - caching is for customer end-use only.


Payment Terms, Cancellation & Refund Policies

By using ExchangeRate-API you agree to pay all fees described for the paid plan you select for your account, as specified on the Website at the time of your signup. ExchangeRate-API may change the fees billed for any paid plan provided notice is sent at least 60 days before the change will come into effect.

Billing is conducted on a prepaid basis - whereby a credit card payment is deducted in advance for each billing period.

Users can cancel their paid plan subscriptions at any time. If customers who are cancelling a monthly payment subscription are dissatisfied they may request a refund of their most recent payment.

Payments made yearly in advance do not qualify for refunds. Customers should ensure our service meets their requirements before choosing to pay yearly in advance.


Free Plans

ExchangeRate-API offers free access to its services by allowing users to use one of various Free Plans.

Any aspect of any of the available Free Plans is subject to change at any time - entirely at the discretion of ExchangeRate-API. This includes, but is not limited to, the usage permissions, provided content, service levels and provided request quotas of the Free Plans. The continued servicing and/or availability of Free Plans is subject to the discretion of ExchangeRate-API. You accept that the available Free Plans can be discontinued by ExchangeRate-API without notice.


Contents

ExchangeRate-API is protected by copyright laws and international treaties. You agree not to copy, distribute or modify content from ExchangeRate-API without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in ExchangeRate-API. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of ExchangeRate-API.

You retain ownership of content you submit to ExchangeRate-API but grant full license to ExchangeRate-API to use the content you submit in order to provide our Service.


Privacy Policy

By using ExchangeRate-API, you agree to the collection, transfer, storage and use of your personal information by ExchangeRate-API on servers located in Ireland, South Africa and Germany. We make use of Mailgun, Postmark, Amazon AWS, Hetzner & Cloudflare to provide our Service.

Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We will not share your information with any third party outside of our organization, other than as necessary to fulfill our service obligations to you - except where the sharing of this information is required due to the acquisition or partial sale of our service. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services offered by ExchangeRate-API, or changes to this privacy policy.

Opting Out & Your Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address given on our Website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

Security
We take precautions to protect your information. When you submit sensitive information via the Website, your information is protected both online and offline. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Updates
Our Privacy Policy may change from time to time and all updates will be posted on this page. If you feel that we are not abiding by this privacy policy, you should contact us at support@exchangerate-api.com.


hCaptcha

We use the hCaptcha anti-bot service (hereinafter "hCaptcha") on our website. This service is provided by Intuition Machines, Inc., a Delaware US Corporation ("IMI"). hCaptcha is used to check whether the data entered on our website (such as on a sign up page or contact form) has been entered by a human or by an automated program. To do this, hCaptcha analyzes the behavior of the website or mobile app visitor based on various characteristics. This analysis starts automatically as soon as the website or mobile app visitor enters a part of the website or app with hCaptcha enabled. For the analysis, hCaptcha evaluates various information (e.g. IP address, how long the visitor has been on the website or app, or mouse movements made by the user). The data collected during the analysis will be forwarded to IMI. hCaptcha analysis in the "invisible mode" may take place completely in the background. Website or app visitors are not advised that such an analysis is taking place if the user is not shown a challenge. Data processing is based on Art. 6(1)(f) of the GDPR (DSGVO): the website or mobile app operator has a legitimate interest in protecting its site from abusive automated crawling and spam. IMI acts as a "data processor" acting on behalf of its customers as defined under the GDPR, and a "service provider" for the purposes of the California Consumer Privacy Act (CCPA). For more information about hCaptcha and IMI's privacy policy and terms of use, please visit the following links: https://hcaptcha.com/privacy/ and https://hcaptcha.com/terms.


General

These terms and the other policies posted on ExchangeRate-API constitute the entire agreement between ExchangeRate-API and you, superseding any prior agreements.

This Agreement shall be governed and construed in all respects by the laws of the Republic of South Africa. You agree that any claim or dispute you may have against ExchangeRate-API.com Limited must be resolved by the courts of the Republic of South Africa. You and ExchangeRate-API both agree to submit to the exclusive jurisdiction of the South African Courts.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

We may update this agreement at any time, with updates taking effect when you next use ExchangeRate-API or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by you and by us.

Notification Address:

AYR Tech (Pty) Ltd
183 Albion Springs
Rondebosch
Cape Town
7700
South Africa