Terms of Service

Effective Date: December 1st, 2024

Introduction

Checklynx (hereinafter "Service Provider," "we," "us," or "our"), incorporated in Germany (IHK Berlin membership: #107#2246621, VAT: DE368760705), provides sanctions screening solutions designed to support compliance efforts with international regulations. Our services are designed to support your compliance efforts with robust and effective sanctions screening tools, enhancing operational integrity across various sectors.

By accessing or using our services ("Service"), you ("User" or "Client") agree to these Terms of Service and our Privacy Policy. If you do not accept any part of these terms, discontinue using our Service immediately. Your continued use of our Service confirms your agreement to these Terms.

Modification of Terms

We reserve the right to modify these Terms of Service at any time without prior notice. To ensure that you are aware of any changes, we recommend reviewing these terms periodically. The most current version of the Terms of Service can always be found at our website.

By accessing and using our Service after any posted modifications to these Terms, you agree to be bound by such changes. If you do not accept any part of these terms, you are required not to use our services.

Privacy Policy

We are committed to protecting your privacy and ensuring that your personal data is handled responsibly. You can review the full details of our Privacy Policy at any time by visiting our website.

By using our Service, you acknowledge that you have read and understood our Privacy Policy and agree to its terms. If you do not agree with the Privacy Policy, you must cease using our services immediately.

Description of the Service

Our Service provides robust sanctions screening solutions through both an API and a web-based portal designed to support compliance with applicable sanctions:

• API Access: Integrate with your existing systems for automated sanctions screening for individuals and entities.
• Web Portal: Conduct sanctions and PEP checks, manage user access, and generate or revoke API keys.

Limitations

Clients are expressly prohibited from using any data obtained from our Service for purposes that are not compliant with relevant legal and regulatory frameworks, including but not limited to:

• Credit and Employment Screening: You may not use our data for screening individuals in contexts such as credit eligibility, issuing insurance, or employment, unless such use complies with applicable laws (including the FCRA in the United States, the GDPR in the EU, and similar legislation in other jurisdictions).
• Consumer Reporting and Decision Making: Our data must not be used to make decisions about an individual's eligibility for benefits, services, or employment in a manner that would classify it as a “Consumer Report” under the FCRA or similar legislation elsewhere.

Failure to comply with these limitations constitutes a material breach of these Terms and may result in account termination, legal action, and other remedies available under law. You agree to indemnify and hold Checklynx harmless from any claims, damages, or losses arising from non-compliance with applicable regulations.

Prohibited Uses

You may use our Service solely for your designated know-your-customer (KYC) and compliance purposes ("the Purpose"). You agree not to reproduce, reverse-engineer, duplicate, copy, sell, resell, or otherwise commercially exploit any portion of the Service, except as expressly permitted in writing by us.

The following activities are strictly prohibited:

• Unlawful Activities:

  • Using the Service for any illegal or unauthorized purpose.
  • Encouraging or engaging in activity that breaches any law, regulation, or ordinance.
  • Infringing upon our intellectual property rights or those of a third party.

• Abusive Conduct:

  • Harassing, abusing, defaming, intimidating, discriminating, or otherwise harming any individual or group.
  • Submitting false, misleading, or deceptive information.

• Malicious Activities:

  • Using robots, spiders, scrapers, or automated means to access the Service without express written permission.

• Data Misuse:

  • Using, disclosing, or distributing data obtained from the Service without proper consent or in violation of applicable laws or data use agreements.
  • Using data obtained from the Service outside compliance and KYC processes, such as marketing or data brokering.

• Security Breach:

  • Attempting to bypass or break our security measures, or using the Service to damage, disable, overburden, or impair our infrastructure.

Violations may result in immediate termination of access and legal action.

Account Registration and Access

To use our Service, a company must register for an account:

• AWS Marketplace Customers: Begin registration on the AWS Marketplace, then finalize on our website by providing the AWS customer ID.
• Company Information: Provide accurate and up-to-date company details.
• Email Verification: We will send an activation code to the registered email. The account is activated upon successful code entry.
• Account Configuration: Post-verification, configure account settings, manage users, and set service preferences.

You are responsible for maintaining the confidentiality of your account credentials, ensuring the accuracy of your account information, and implementing adequate security measures. You are liable for all activities that occur under your account. Report any unauthorized access or API key misuse immediately.

Fees and Payment

Our pricing model:

• 99 Euros per month includes 100 searches.
• 101 to 1,000 searches: €0.10 per search.
• 1,001 to 5,000 searches: €0.08 per search.
• 5,001 to 10,000 searches: €0.05 per search.
• Over 10,001 searches: €0.03 per search.

Subscriptions may be cancelled at any time. The monthly 99 Euro fee is non-refundable. No refunds or prorations are provided if you terminate mid-cycle.

Price Adjustments

We reserve the right to modify subscription fees or pricing structures with at least 30 days’ notice. Continued use after the effective date of a price change constitutes acceptance of the new pricing.

Payment Terms

All billing is conducted through the Amazon Marketplace. Payment is required at the start of each billing cycle. Maintain current payment information in your Amazon account to avoid service interruptions. Failure to process payment may result in suspension or termination of services.

Disclaimer of Warranties

Our Service is provided "as is" and "as available," without warranties of any kind, express or implied. We do not guarantee uninterrupted, error-free, or fully secure service. You acknowledge the inherent risks of data transmission, storage, and the potential for unauthorized access, hacking, or data breaches. By using the Service and uploading data (including personal information of your customers), you assume all risks related to security incidents and data loss.

User Responsibilities

By using our Service, you acknowledge and agree that:

• You are solely responsible for ensuring compliance with all applicable laws, regulations, and internal policies when uploading data.
• You understand that no system is entirely secure and assume the risk of data breaches or leaks.
• If you require additional safeguards, you must implement them on your own systems.

Limitation of Liability

To the fullest extent permitted by law, Checklynx, its directors, employees, and agents shall not be liable for direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from:

• Use or Inability to Use the Service
• Security Breaches and Data Loss: Including unauthorized access, theft, corruption, or disclosure of User data.
• Third-Party Services
• Other Causes Beyond Our Control

In no event shall our total liability exceed the amount paid by the User in the twelve (12) months preceding the event giving rise to the liability.

Service and Data Warranties

We do not guarantee that the Service or data provided will be uninterrupted, accurate, up-to-date, complete, or suitable for any particular purpose. You acknowledge that Service Data may not reflect the most current information and may be subject to technical errors or disruptions.

You use all Service Data at your own risk. We are not liable for decisions made based on the Service Data or any interruptions in service.

Third-Party Services

Our Service may integrate with third-party services. We do not control or endorse these external services and are not responsible for their availability, security, data handling, or compliance. Your use of third-party services is governed by their own terms and policies. We are not liable for any damages arising from their use.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of law principles. Any legal action or proceeding related to these Terms shall be brought exclusively in the courts of Germany, and you consent to their jurisdiction.