Verisys Antivirus API

Verisys Antivirus API - Terms of Service

These Terms of Service (the “Agreement”) govern your access to and use of Verisys Antivirus API, a SaaS (Software as a Service) product provided by Ionx Solutions. The scope of these terms additionally covers any content, functionality, and services offered through Verisys Antivirus API (collectively, the "Service").

Please read these Terms of Service carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by these Terms of Service.

When we say “Ionx Solutions”, “Company”, “we”, “our”, or “us” in this document, we are referring to Ionx Solutions LLP, Scottish company registration number SO302728.

“Service” or “Services”, refers to the Verisys Antivirus API product, including any related services, including support.ionxsolutions.com and docs.av.ionxsolutions.com, whether delivered within a web browser, desktop application, mobile application, or another format.

“You” or “your”, refers to the people or organisations that hold an account with our Services.

“User Content”, refers to content or files that are transmitted, or referenced by URL, to our Services.

Services

Purpose: The Company agrees to provide Services for API-based malware scanning of files, NSFW (Not Safe For Work) content scanning of image files, and to provide for maintenance and support. While Company endeavours to provide accurate and reliable malware and NSFW scanning, we cannot guarantee that all malware and NSFW content will be detected.
Services: We aim to ensure the Services are available at all times, and will use commercially reasonable efforts to achieve that goal. In limited cases, we may need to suspend availability of the Services (in part or full) for a short period of time:
1. When maintenance is scheduled, we will notify you prior to scheduled downtime or interruptions.
2. When responding to an emergency, we will notify you as soon as reasonably possible.
Plans: Access to Services can be purchased by the Customer at different service levels, referred to as “Plans” or “Tiers”:
1. Each Plan provides a different feature set and/or usage quotas.
2. “Standard” Plans provide access to regional API endpoints hosted on multi-tenant systems.
3. “Enterprise” Plans can optionally provide a single-tenant endpoint, or cluster of endpoints, for sole use by the Customer. Geographical placement and configuration will vary by agreement between Customer and the Company.
Changes: The Company may, in its sole discretion, make any changes to Services that it deems necessary or useful, including, but not limited to:
1. Technical changes that do not affect functionality of the Services, for example to increase performance, efficiency, competitiveness, or security, or to comply with regulations.
2. Minor changes that do not meaningfully affect functionality of the Services, for example to resolve an issue.
3. Changes that alter or remove existing functionality, or that add new functionality. We will inform you of such changes by email. Some API-based Services, including Verisys Antivirus API, implement API versioning to “shield” the Customer from breaking changes.

Subscriptions

Purchase: A Subscription to the Services can be purchased:
1. On our website at https://www.ionxsolutions.com.
2. For annually-billed Enterprise Plans, a Subscription can also be purchased by sending Company a completed Order Form.
Acceptance: By purchasing a Subscription, you are making a contractual offer to the Company, which, at our sole discretion, we may choose to accept. If we do not accept your offer, payment will not normally be taken, or will be refunded if it has been taken.
Billing Period: Subscription to Services can be purchased with either Monthly or Annual billing.
Payment Methods: The following payment methods are accepted:
1. For “Standard” Plans, we accept Credit/Debit Card payments.
2. For annually-billed “Enterprise” Plans, we additionally accept payment by Bank Transfer or Direct Debit. If this is your preferred method, we will invoice you prior to your Subscription expiry date.
Taxes: Prices are displayed exclusive of VAT. If required, we will add VAT to your Subscription price.
Pricing: Pricing is correct at the time of publishing on our website at https://www.ionxsolutions.com. We reserve the right to update pricing as required by us. While any changes will not affect ongoing Subscriptions. They may apply, at our sole discretion, upon Subscription renewal.
Plans: Subscription Plan features and quotas are correct at the time of publishing on our website at https://www.ionxsolutions.com. We reserve the right to update pricing as required by us. While any changes will not negatively affect ongoing Subscriptions. They may apply, at our sole discretion, upon Subscription renewal.
Non-Payment: The Company reserves the right to suspend Services in the event of payment delinquency.

Access to Services

Billing User: During the subscription process for the Services, the Customer will identify a contact for purposes of billing, and will provide a name and email address.
Authorised Users: During the configuration and set-up process for the Services, the Customer will create an account at https://support.ionxsolutions.com. Customer may allow additional employees and/or independent contractors to register an account as required.
Account Responsibility:
1. The Customer shall provide accurate, current, and complete information.
2. The Customer shall be responsible for:
  1. All uses of any account that Customer has access to, whether or not the Customer has authorised the particular use or user, and regardless of Customer’s knowledge of such use.
  2. Securing Company accounts, passwords, secrets, and API keys.
3. The Company shall not be responsible for any loss due to any irresponsible act such as loss of password or API key by the user.

Use of Services

Credits: Depending on your Service Plan, your account is allocated a quota of “Credits” per billing period. One Credit can be redeemed by you via API call to scan one file for malware or NSFW content.
Quota: You can retrieve your remaining credit quota using our Support Site at https://support.ionxsolutions.com or by API call to /v1/me.
Soft Limits: To ensure sufficient capacity for all API consumers on our multi-tenant Services, we use request rate limiting, on a per-API key basis. For applicable Enterprise Plans, the rate limit can be configured on request by the Customer.
Acceptable Use: Accounts found to be in violation of any of the below are subject to cancellation without prior notice. When using our Services you may not knowingly:
1. Harass, intimidate or threaten any of our employees engaged in providing any portion of the Services to you.
2. Impersonate another user.
3. Circumvent, disable, or otherwise interfere with security features of the Services.
4. Use the Services in a manner inconsistent with applicable laws or regulations.
5. Use the Services in a manner intended to harm a person or persons in any way.
6. Use the Services in a manner intended to tarnish or otherwise harm Company or the Services.
7. Intentionally interfere with or disrupt the Services.

Support

Availability: If required by you, we shall provide you with technical support for the Services. Technical support may include assistance with Service or account configuration, troubleshooting, and resolution of Service-related issues.
Channels: We shall provide technical support using designated communication channels, including the Support Site ticket system at https://support.ionxsolutions.com, and by email.
Limitation of Liability: We endeavour to provide you with the best possible support, but we shall not be liable for any damages, losses, or expenses arising out of or related to the use or inability to use technical support.

User Content

Permission: By processing User Content using our Services, you agree to have the right to upload or transmit.
Acceptable Use: By processing User Content using our Services, you agree to adhere to the Acceptable Use policy.
Ownership: You and your users retain all copyright, trademark, patent, trade secret, intellectual property and other proprietary rights for User Content.
License: You grant us a limited license to use User Content provided by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
Right of Refusal: We reserve the right, in our sole discretion, to refuse or remove any content that is available via the Service.
Security & Privacy: We take commercially reasonable steps to safeguard User Content:
1. User Content in transit to/from Services is secured using TLS.
2. User Content at rest on Company systems is encrypted.
3. Company will only process User Content as required to provide you with the Services.
4. User Content will be held only in your chosen jurisdiction; for example, if you upload User Content to an API endpoint in the USA, that User Content will only be held in the USA.
5. Company will only hold User Content for as long as is required to provide the Services to you, after which time User Content is permanently deleted.

Confidentiality

Definitions: “Confidential Information” means any non-public information or documents which are released by one party to the other, whether in writing, orally or otherwise.
Usage: Confidential Information must only be used for the purposes for which it was disclosed.
Disclosure: All Confidential Information shall be held in confidence by the receiving party, and the receiving party shall take reasonable care to protect the confidentiality of such information. Disclosure shall be restricted only to those employees/agents with a need to know such information, or if the party is compelled under law.

Cancellation

Customer Cancellation: Customer may cancel an active Subscription at any time, using our Support Site at https://support.ionxsolutions.com or by requesting cancellation by email. You shall not receive a credit or refund for any payments that you made prior to termination.
Company Cancellation: The Company may cancel an active Subscription with immediate effect by delivering notice of the termination to the Customer if the Customer fails to adhere to this Agreement or in the event of payment delinquency.

Intellectual Property Rights

Ownership: All intellectual property rights, including but not limited to patents, copyrights, trademarks, trade secrets, and any other proprietary rights related to the Services provided by Company, shall remain the exclusive property of Company or its licensors.
License to Use: Subject to compliance with these Terms of Service, Company grants you a limited, non-exclusive, revocable, non-transferable license to use the Services solely for business purposes and research, subject to these Terms of Service.
User Content: Subject to section User Content, you and your users retain all copyright, trademark, patent, trade secret, intellectual property and other proprietary rights for User Content that you upload, submit or transmit through the Services.
Restrictions: You shall not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or structure of the services or any software provided by Company, except to the extent expressly permitted by applicable law. You shall not remove, alter, or obscure any proprietary rights notice (including copyright and trademark notices) of Company or its licensors.
Feedback: If you provide any feedback, suggestions, or ideas regarding the services ("Feedback"), you hereby grant Company a worldwide, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly perform, and publicly display such Feedback for any purpose without any obligation or compensation to you.
Marketing: You grant Company the right to use your company's logos and trademarks ("Customer Logos") for the purpose of marketing and promoting our Services. This may include, but is not limited to, displaying Customer Logos on our website, promotional materials, and other marketing channels:
1. Revocation: You may revoke this permission at any time by providing Company with written notice. Upon receipt of such notice, we will cease using the Customer Logos for marketing and promotional purposes within a reasonable period of time.
2. Non-Endorsement: The use of Customer Logos by Company does not imply any endorsement, sponsorship, or affiliation between Company and your Customer, unless expressly agreed upon in writing by both parties.
3. Survival: The provisions of this Marketing section shall survive the termination of these Terms of Service.
Third-Party Intellectual Property: You acknowledge and agree that Company has no responsibility or liability for any third-party intellectual property rights, and you are solely responsible for ensuring that your use of the Services does not infringe upon the rights of any third party.

Indemnification

Mutual Indemnification: Both parties agree to indemnify and hold harmless each other from any claims, demands, damages, liabilities, costs, and expenses arising out of or related to:
1. Any violation of these Terms of Service.
2. Any violation of the rights of another party, including any User of the service.
3. Any violation of applicable laws, regulations, or third-party rights by either party.
Survival: The provisions of this Indemnification section shall survive the termination of these Terms of Service.

Limitation of Liability

Limitation: In no event shall Company:
1. Have liability arising out of or related to this Agreement, whether, in contract, tort or under any other theory of liability exceed in the aggregate of the total fees paid or owed by the Customer and Vendors hereunder during the 1 month immediately preceding the date of the event giving rise to the claim (such amount being intended as a cumulative cap and not per incident).
2. Have any liability to the Customer for any lost profits or revenues or any indirect, incidental, consequential, cover, special, exemplary, or punitive damages, howsoever caused, whether, in contract, tort, or under any other conditions of liability.

Miscellaneous

Assignability: Neither party may assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of the other Party which shall not be unreasonably withheld.
Force Majeure: Neither party shall be liable for any failure in performance of the obligation under this Agreement due to cause beyond that party's reasonable control (including and not limited to any pandemic, war, fire, strike, act or order of public authority, and other acts of God) during the pendency of such event.
Modification: No modification of this Agreement shall be made unless in writing, signed by both parties.
Severability: If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, all other terms will remain in full force and effect until the Agreement termination.
Governing Law and Jurisdiction: These terms and conditions are governed by and will be interpreted in accordance with Scottish Law and the parties submit to the exclusive jurisdiction of the Scottish Courts.

REVISION 1D, 30-Aug-2024