Commercial Combain Location API Customer Agreement (Rev.C 2020-09-08)
The Terms and Conditions were last updated on January 20, 2025
1. Introduction
These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
2. Binding
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
3. Electronic communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
4. Intellectual property
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
4.1 All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
5. Newsletter
Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.
6. Third-party property
Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
7. Responsible use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
8. Registration
You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
After account termination, you will not attempt to register a new account without our permission.
9. Refund and Return policy
9.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post, fax, or email). Our contact details can be found below. You may use the attached model withdrawal form, but it is not obligatory.
You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website.
If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (for example by email) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
9.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Please note that there are some legal exceptions to the right to withdraw, and some items can therefore not be returned or exchanged. We will let you know if this applies in your particular case.
10. Idea submission
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
11. Termination of use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
12. Warranties and liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
- this website or our content will meet your requirements;
- this website will be available on an uninterrupted, timely, secure, or error-free basis.
Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
13. Privacy
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.
14. Export restrictions / Legal compliance
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of Sweden.
15. Assignment
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
16. Breaches of these Terms and conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
17. Force majeure
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
18. Indemnification
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
19. Waiver
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
20. Language
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
21. Entire agreement
These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Combain Mobile AB in relation to your use of this website.
22. Updating of these Terms and conditions
We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.
23. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of Sweden. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Sweden. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
24. Contact information
This website is owned and operated by Combain Mobile AB.
You may contact us regarding these Terms and Conditions through our contact page.
25. Download
You can also download our Terms and Conditions as a PDF.
ANY PERSON OR ENTITY (‘User’) THAT DOWNLOADS AND/OR USES THE COMBAIN LOCATION API (‘API’) AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS (the ‘Agreement’): This Agreement is a legal agreement between the User and Combain Mobile AB (‘Combain’) for using the API. Combain reserves the right to update and modify, at any time, these Terms of Use and all documents incorporated by reference. User can always find the most recent version of these Terms of Use at https://combain.com/terms-of-service. Combain may change these Terms of Use by posting a new version with a notice to User. Use of the API after such a change constitutes acceptance of such changes. BY CHECKING THE ACCEPT BOX FOR THIS AGREEMENT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT CHECK THE ACCEPT BOX AND YOU MAY NOT USE THE SERVICE.
- Licensed Uses and Restrictions
The Combain Location API is owned by Combain and is licensed to User on a non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. These terms define legal use of the Combain Location API and all updates or revisions. All rights not expressly granted to User are reserved by Combain.
1.1 User shall comply with the API terms of service displayed at https://combain.com/terms-of-service and allow Combain handle personal data according to the privacy policy displayed at https://combain.com/privacy-policy.
1.2 User shall not:
1.2.1 Use the API for any application that constitutes, promotes or is used in connection with spyware, adware, or other malicious programs or code.
1.2.2 Use the API in any manner or for any purpose that violates any law or regulation, or any right of any person; including but not limited to intellectual property rights, rights of privacy, or rights of personality.
1.2.3 Use the API in a manner that adversely impacts the stability of API servers or adversely impacts the behavior of other applications using the API.
1.2.4 Keep a copy of the API data received. However, to reduce the number of requests when a user submits same cell many times, a copy of last received location information is allowed to be cached locally for maximum 24 hours.
1.2.5 Sell, lease, or sublicense the API.
- Description of Service
The API is a service that allows User to receive location in latitude and longitude based on cell id and wifi data. The API is delivered over HTTP and is hosted on servers operated by Combain. - Term, Termination and Suspension
This agreement will commence once User agree to the API terms and by checking the Accept box. The agreement will remain in effect until terminated by User or Combain in accordance with the terms outlined below.
3.1 Money back guarantee. User may terminate the agreement within fourteen (14) days of payment with a full refund, assuming the service has not started to be utilized.
3.2 User may terminate this agreement for any reason or no reason at all, at User’s convenience, by either providing us fourteen (14) days advance written notice of termination or neglecting to make renewal payments when balance is zero. If terminating by a written notice, any remaining balance in User’s account with value above 100 EUR will be refunded. Balance below 100 EUR will not be refunded.
3.3 We may suspend User’s right and license to use the API, or terminate this agreement in its entirety (and, accordingly, cease providing all services to User), for any reason or for no reason, at our discretion at any time by providing User ninety (90) days advance notice. Any balance in User’s account will if so be refunded.
3.4 We may immediately and without prior notice to User, suspend User’s access to the API, or terminate this agreement in its entirety (and, accordingly, User’s right to use all services), for any of the causes below:
* User fail to obey the licensed uses and restrictions clause above or use the API in a way that disrupts or threatens the service.
* User have not paid fees in time
* Combain receives notice or otherwise determines, at our sole discretion, that User may be using the API for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party
* Combain determines, at our sole discretion, that our provision to User of the API is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason.
Upon termination of this agreement for any reason: (i) User remain liable for all fees, charges and any other obligations User have incurred through the date of termination; (ii) all of User’s rights under this agreement shall immediately terminate.
- Ownership and Relationship of Parties
Combain owns all rights, title, and interest in and to the Combain Location API. These terms grant User no right, title, or interest in any intellectual property owned or licensed by Combain, including (but not limited to) the Combain Location API and Combain trademarks. User agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. - Support
Combain provides support for the API only. Any integration with User’s systems remains User’s responsibility. Combain will endeavor to address service interruptions in a timely manner. Combain shall use commercially reasonable efforts to provide email support to API users. Email support means the ability to make requests for technical support assistance by email at any time concerning the use of the API services. - Fees and Payments
Fees for use of the API are payable in advance according to price list on www.combain.com. Each request User make to the API counts as one (1) request if the location is found and coordinates are responded. If the location is not found, the request is not counted. In order to ensure uninterrupted service, renewal payments must be made prior to User’s request balance has reached zero. Purchased requests are valid for 1 (one) year from last purchase date. To avoid that purchased requests expire, new purchase of requests has to be made within one year from last purchase. Payment is made by credit card after logging in on portal available on portal.combain.com. - Disclaimer of Any Warranty
COMBAIN DOES NOT REPRESENT OR WARRANT THAT THE API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE API IS PROVIDED ‘AS IS’ WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND COMBAIN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. USER’S USE OF THE API IS AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE COMMERCIAL CPS API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO USER?S COMPUTER SYSTEM OR LOSS OF DATA - Limitation of Liability
COMBAIN SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE API, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT COMBAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL COMBAIN’S AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY USER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. - Release and Waiver
To the maximum extent permitted by applicable law, User hereby release and waive all claims against Combain, and its subsidiaries, affiliates, officers, agents, licensers, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to User’s use of the API. In addition, User expressly waive and relinquish any and all rights and benefits which User may have under any law principle of similar effect, to the fullest extent permitted by law. - Hold Harmless and Indemnity
To the maximum extent permitted by applicable law, User agree to hold harmless and indemnify Combain and its subsidiaries, affiliates, officers, agents, licensers, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to User’s use of the API, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgements, litigation costs and attorneys’ fees, of every kind and nature. Combain shall use good faith efforts to provide User with written notice of such claim, suit or action. - General Terms
11.1 Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, User and Combain shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. User shall not have any authority to assume or create any obligation for or on behalf of Combain, express or implied, and User shall not attempt to bind Combain to any contract.
11.2 Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
11.3 This Agreement or any issues arising out of or in connection with this Agreement shall be governed by and construed in accordance with the substantive laws of Sweden. Any disputes, controversy or claim shall be handled by the District Court in Lund. Prior to any initiation of legal actions, the parties shall jointly engage in trying to find a mutual agreement, without initiating legal actions.
11.4 No Waiver of Rights by Combain. Combain’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.