Last modified March 30, 2022
These Terms and Conditions apply to services provided by Go-UPC through its website, located at www.go-upc.com, including subdomains, API and mobile applications (the “Services”).
By clicking “I agree” or by using the Services, you are agreeing, or if you are agreeing on behalf of an entity, the entity is agreeing, to be bound by the Terms and Conditions. If you later disagree with the Terms and Conditions, you agree to stop using the Services and contact Go-UPC.
1. Using the Services
Go-UPC's API Services are provided pursuant to a recurring subscription that permits you to make a number of API calls which varies depending on the particular subscription you have chosen but may not exceed 100 API calls per minute, without the express written consent of Go-UPC. Go-UPC will provide you with an API key and documentation for using API Services. Go-UPC is not responsible for the integration of the API Services with any third party application. You are solely responsible for all development costs, coding, debugging and integration with the API and your application, including in connection with any updates which Go-UPC may make to the API Services.
Go-UPC reserves the right to, in its sole discretion refuse to accept an API subscription.
In response to a successful API call, Go-UPC will return available product information such as a GTIN number, barcode type (UPC, EAN or ISBN), product name and category (“Product Data”). Product Data shall be provided to you in JSON format. Go-UPC does not make any representation or guarantee that the Services will produce Product Data in response to lookup requests you submit.
2. Service Fees
You agree to pay Go-UPC such fees for the Services as presented to you at the time of purchase. Go-UPC accepts payment by Visa, MasterCard, Amex, Discover, Diners Club, PayPal, check or direct deposit, which is required prior to commencement of the Services and is non-refundable. Unless otherwise specified, all payments shall be made in US Dollars. All fees are exclusive of applicable taxes, which you agree to pay based on applicable laws. You acknowledge and agree that payment is processed through a third party service provider who may subject you to additional terms and to whom your payment information is disclosed.
You will be automatically charged for your subscription to the API Services on a monthly, recurring basis. You may cancel, upgrade or downgrade your subscription to your API Services by sending an email to email@example.com. Cancellation requests sent by email must be emailed to Go-UPC at least 3 business days prior to the date such API Services are renewed and is effective upon your receipt of an email from Go-UPC confirming the cancellation. Fees are subject to change on notice.
If we are unable to charge your credit card or your payment is declined or reversed for any reason, Go-UPC will attempt to contact you to make an alternate payment arrangement. If, following 1 week after the invoice date, payment has not been made, Go-UPC may, in its sole discretion, terminate or suspend your subscription.
For API Services, you will be provided a unique API key (“Login Information”). You are solely responsible for keeping Login Information confidential and any use of your Login Information, whether or not you authorized such use. If you become aware of, or reasonably suspect, unauthorized use of your account you must immediately notify Go-UPC by emailing firstname.lastname@example.org.
You may not create more than one free account (unless Go-UPC provides you with its express written consent) or access a free account using any bot, spider, or other automated script, program, software, process or technology.
4. Paid Services - Subscriptions
Upon signing up for an account, Go-UPC grants you a non-exclusive, non-sublicensable, non-assignable, revocable, limited subscription to use the Services to: (a) make API calls and receive Product Data in response to such calls (the “Subscription”); and (b) use any Go-UPC application to search for and retrieve Product Data. No title or ownership interest in the Services or Subscription is transferred or assigned to you and you acknowledge that the Terms and Conditions is not a sale of any right to the Services or Subscription.
Go-UPC may suspend your Subscription and any associated account at any time without notice or compensation to you for any reason including, but not limited to, violation of the Terms and Conditions. Whether a suspension is lifted is at Go-UPC’s sole discretion.
The Subscription terminates upon the earliest of: (a) Go-UPC’s termination of the Terms and Conditions or Services and that may occur without notice or reason; (b) your failure to pay any amount owed to Go-UPC if such failure has not been remedied within 1 week; (c) your termination of the Subscription by notifying Go-UPC at email@example.com; or (d) your non-compliance with the Terms and Conditions. Upon termination you are not entitled to a refund of any kind and shall delete all Product Data previously provided to you.
5. Unauthorized Use
You agree to not: (a) use any bot, spider, or other automated script, program, software, process, or technology to scrape, data mine, download, copy, extract or otherwise collect content from the Services, except in connection with your use of the API Services; (b) make publicly available, sell or resell the Services or Product Data resulting therefrom; (c) circumvent or reproduce the look and feel of the Services; (d) copy, damage, decompile, disassemble, disrupt, impair, modify or reverse engineer the Services; (e) use the Services to violate any law or regulation in any jurisdiction; or (f) gain, or attempt to gain, unauthorized access to the Services, including through the use of another user’s account or through any method not provided by or approved by Go-UPC.
6. Intellectual Property Rights
Go-UPC reserves all right, title and interest in the Services and Product Data including, but not limited to, all copyrights, patents, trademarks, trade secrets, industrial designs, utility models and any other rights recognized pursuant to the laws of any country or jurisdiction, whether or not protected by law. Without limiting the foregoing, Go-UPC hereby retains all rights not expressly granted in the Terms and Conditions.
Certain elements of Product Data, such as product images and descriptions, are the property of third parties and not Go-UPC (“Third Party Content”). The Terms and Conditions do not grant you any rights to Third Party Content and you represent and warrant that your use of Product Data will not infringe the rights of any Third Party Content owner. If you require rights to Third Party Content please contact the Third Party Content owner.
You represent and warrant that you have all rights necessary to provide any data to Go-UPC in connection with the Services and hereby grant Go-UPC an irrevocable, fully-paid, royalty-free, non-exclusive, perpetual, worldwide license to such data for any and all purposes without attribution, notice, permission, royalty or payment to you or any third party.
7. Notice of Copyright Infringement
If you are a copyright owner, Go-UPC will respond to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”)
You must provide the following in your DMCA notice: (a) identify the copyrighted work claimed infringed; (b) identify the material claimed infringing and where it is located; (c) provide reasonably sufficient information to allow us to contact you, such as your address, phone number and e-mail address; (d) provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law; (e) provide a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner; and (f) provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Go-UPC may provide you notice if your data was removed as a result of receiving a DMCA notice. If you receive notice from Go-UPC, you may provide a counter-notification to Go-UPC’s designated DMCA agent at: firstname.lastname@example.org.
THE SERVICES ARE PROVIDED “AS IS”. TO THE EXTENT PERMITTED BY LAW, Go-UPC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, Go-UPC MAKES NO REPRESENTATIONS THAT THE SERVICES WILL NOT INFRINGE ANY RIGHTS HELD BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY COPYRIGHT, PATENT OR TRADEMARK. FURTHER AND WITHOUT LIMITING THE FOREGOING, Go-UPC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR NEEDS OR THAT THE SERVICES WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ACCURATE, ERROR FREE, RESULT IN LOST DATA OR WILL NOT HARM COMPUTERS OR MOBILE DEVICES. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY Go-UPC, ITS AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, EMPLOYEES, OFFICERS OR PARTNERS WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY EXCLUSIVELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICES. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED CONTRACT TERMS AND, AS A RESULT, THIS SECTION MAY NOT APPLY TO YOU IN ITS ENTIRETY.
9. Limitation of Liability, Indemnity
YOU AGREE THAT Go-UPC AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, LOSS OF DATA, LOSS OF CONTENT, LOSS OF REVENUE OR PROFITS, LOSS OF ANY CONTRACT, LOSS OF GOODWILL, UNAUTHORIZED ACCESS TO YOUR ACCOUNT, AND ANY AND ALL OTHER DAMAGES AND LOSSES, EVEN IF Go-UPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AGREE THAT Go-UPC’S MAXIMUM AGGREGATE LIABILITY TO YOU IN ANY CASE WHATSOEVER WILL BE THE GREATER OF: (1) TOTAL FEES YOU PAID TO Go-UPC IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION; AND (2) $100 (USD).
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Go-UPC, ITS AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, EMPLOYEES, OFFICERS AND PARTNERS HARMLESS FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, COST, LOSS OR EXPENSE THAT ARISES FROM YOUR, OR ANY THIRD PARTY’S, USE OF THE SERVICES. THIS LIMITATION APPLIES TO ANY CAUSE OF ACTION OR CLAIMS IN THE AGGREGATE, WHETHER IN AN EQUITABLE, LEGAL OR COMMON LAW ACTION ARISING HEREUNDER AND INCLUDING, WITHOUT LIMITATION, VIOLATION OF ANY STATUTE, VIOLATION OF PRIVACY AND/OR INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, BREACH OF WARRANTY OR INDEMNITY, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY AND OTHER TORTS.
Go-UPC shall promptly provide you notice of the claim and, at your expense, give all reasonable assistance. You may not settle any claim unless it unconditionally releases Go-UPC of all liability.
You acknowledge that Go-UPC would be irreparably damaged if the Terms and Conditions are not specifically observed and, therefore, agree that Go-UPC shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of the Terms and Conditions, in addition to other remedies available under applicable law.
You agree that Go-UPC may use your name and reference you as a customer for advertising, promotion or similar publicity purposes and hereby grant Go-UPC a non-exclusive, worldwide, royalty free license to your name, logo, trademark, use case or case study for such purposes and without any compensation, notice or authorization from you.
13. Governing Law
If any provision of this agreement is found by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall remain in full force and effect.
15. Entire Agreement
This agreement expresses the entire understanding between you and Go-UPC and supersedes any prior agreements or understandings relating to the matters contained herein.