1. These API Terms of Use.
1.1. Access to and use of the GTIN Check API service (known hereafter as the “API Service”) is provided subject to these terms and conditions (“API Terms of Use”). By accessing and using the API Service, You agree to be bound by these API Terms of Use. If You do not agree to these API Terms of Use, You must not use the API Service for any purpose whatsoever.
1.2. The API Service is developed by GS1 UK Ltd (known hereafter as “GS1 UK”, “We” “Our” and “Us”). The API Service is available to be used by GS1 UK members, members of GS1 offices in other countries and non-members (together known hereafter as , “You” or “Your”) who have received a 20-character ‘access key’ string to operate the API Service (a “API Key”).
1.3. If You access or use the API Service on behalf of a company, partnership, limited liability partnership, charity, public body or other legal entity or organisation (“Organisation”), references in these API Terms of Use to “You” and Your” shall be construed as including both You and the relevant Organisation. You represent and warrant that (a) You have full power, authority and legal capacity to bind the Organisation to these API Terms of Use; and (b) the Organisation accepts and agrees to be bound by these API Terms of Use as a legally binding agreement between the Organisation and Us in all applicable jurisdictions. If You do not have such authority, You must not access or use the API Service on behalf of the Organisation.
1.4. We may amend or update these API Terms of Use, the Privacy Policy (referred to in paragraph 11.4) and any policies or other documents referred to in them from time to time. Where We do so, We will notify You by posting the updated version on Our website and/or by any other reasonable means. You should review Our website periodically to ensure that You are aware of any changes. Any changes will take effect on the date specified in the updated API Terms of Use. If You do not agree to any change, You should stop using the API Service and the API Data (defined herein) before the relevant changes take effect. Continued use of the API Service and the API Data after the effective date of any changes will constitute Your acceptance of the updated Terms of Use. This version of the API Terms of Use takes effect on 16 June 2026.
2. Access to the API Service.
2.1. The API Service can be accessed at https://github.com/GS1-UK/GTIN-Check-Help. The API Service is intended to be used as an interface between: (a) the platform offered or operated by Us from time to time whether accessed via the internet, mobile device or other electronic device (“Platform”); and (b) the applications or services provided by You through Your website or platform or Your other applications, software or cloud services (“Application”). As part of the use of the API Service, You may access or otherwise use on the Platform any of the following (together the “API Data”): the Global Trade Item Number (“GTIN”), brand name, product description, product image URL, global product category code, net content, unit of measure and country of sale code, and GS1 Digital Link URIs (digital links) to other distributed data sources made available via the API Service.
2.2. Your use of any other products or services provided by Us may be subject to separate terms and conditions. If there is any conflict or inconsistency between these API Terms of Use and the terms and conditions applicable to such other products or services, the latter shall prevail to the extent of the conflict or inconsistency in relation to the relevant product or service.
2.3. You may only use the API Service, any API Data, or the Platform in the ways expressly permitted by these API Terms of Use. If these API Terms of Use do not expressly permit a particular activity, You must not carry out that activity.
3. How You may use the API Service.
3.1. You agree:
3.1.1. to access and use the API Service only through the API Key provided by Us;
3.1.2. to keep Your API Key secure and confidential and acknowledge that You are responsible for all access to and use of the API Service using Your API Key, whether or not authorised by You; and
3.1.3. not to (nor permit any third party to) request, collect, receive, store or otherwise obtain any passwords, usernames or other login details used by a End User (as defined in paragraph 7.2 below) to access the Platform directly.
3.2. In order to provide security and controlled access, You may only access the API Service once you have been provided with an API Key.
3.3. You agree to comply with any reasonable instructions or guidelines relating to the use of the API Service that We may communicate to you from time to time.
3.4. We may invite and consider feedback, feature requests and enhancement proposals from users of the API Service. While We value such input, all decisions regarding the design, functionality, development and roadmap of the API Service remain at Our sole discretion. We may accept, reject, prioritise, defer or modify any request based on factors including technical feasibility, security, legal and regulatory considerations, impact on other users, strategic objectives and cost. We are not obliged to implement any requested feature or change.
4. What the API Service must not be used for.
4.1. You must not use the API Service to send spam or to interfere with or degrade Our services in any way.
4.2. You must also not use the API Service for any unlawful purpose or activity whatsoever, including fraud or terrorism, or to promote any unlawful act, or in any way which:
4.2.1. makes any private information on the Platform publicly available on the Application;
4.2.2. causes or is intended to cause annoyance, inconvenience or needless anxiety;
4.2.3. is abusive, harmful, threatening or defamatory or may otherwise cause offence (including uploading any material that contains a virus or other malicious code);
4.2.4. does or could potentially breach a legal duty to anyone else (including a duty of confidentiality) or infringe a person’s right to privacy;
4.2.5. promotes discrimination or is likely to incite hatred; or
4.2.6. may infringe the intellectual property rights (e.g. copyright, trade marks, service marks, patents, database rights, know-how, design rights, domain names, know-how and rights in software (registered or not)) or any other rights of anyone (including Ours).
4.3. You must also not:
4.3.1. sell, resell, license, sublicense, assign, transfer, distribute, rent, lease, lend, provide access to, commercially exploit or otherwise make available the API Service, in whole or in part, to any third party, except as expressly permitted by these API Terms of Use;
4.3.2. create, grant or permit to exist any mortgage, charge, lien, security interest or other encumbrance over the API Service or any rights granted to You under these API Terms of Use;
4.3.3. modify, add to, or otherwise enhance the API Service;
4.3.4. except as strictly necessary to integrate the API Service with Your Application in accordance with these API Terms of Use, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, underlying ideas, algorithms, structure or organisation of the API Service;
4.3.5. observe, study or test the functioning of the API Service (or any part of it) for the purpose of discovering its underlying elements, except to the extent that such restriction is prohibited by applicable law and cannot lawfully be excluded or limited;
4.3.6. infringe or copy Our code or content or the design of the Platform, the API Service and any of Our other intellectual property rights; or
4.3.7. introduce viruses, trojans, worms, logic bombs or other material that are malicious or technologically harmful.
5. Service Usage Requirements.
5.1. You must:
5.1.1. comply with all usage limits, technical restrictions and rate limits notified by Us from time to time, including any limit of more than 1,000 GTINs in any single API request;
5.1.2. submit data to the API Service only in accordance with the technical specifications, formats and documentation published by Us; and
5.1.3. not interfere with, disrupt, attempt to slow, deny others’ access, or bring down the API Service through unauthorised testing.
6. Restrictions on API Data Use.
6.1. You must:
6.1.1. not present, publish display, distribute or otherwise make available any API Data in a manner that is false, misleading defamatory, unlawful, discriminatory or otherwise objectionable, or that infringes rights of any third party (including any intellectual property, privacy, confidentiality or other proprietary rights of the owner of the API Data) (the “Data Provider”);
6.1.2. not modify alter, manipulate, distort or create derivative works from any API Data when publishing or disseminating such API Data, unless expressly authorised in writing by the relevant Data Provider;
6.1.3. not publish or use API Data in a manner that implies, suggests, or could reasonably be interpreted as indicating any endorsement, approval or affiliation by Us or any Data Provider, unless expressly authorised in writing by the relevant party;
6.1.4. use the API Data only in accordance with the Permitted Use (as defined in paragraph 7.1 below); and
6.1.5. not, and not permit, encourage or assist any third party to, directly or indirectly:
6.1.5.1. decompile, disassemble, reverse engineer, modify, adapt, alter, circumvent, interfere with or otherwise attempt to derive the source code, underlying structure, algorithms or functionality of the API Service or any related software, systems or technology; or
6.1.5.2. tamper with, disable, impair, circumvent or otherwise interfere with any security, authentication, access-control or technical protection measures relating to the API Service.
6.2 The restrictions set out in this paragraph 6 are referred to collectively as the "Restrictions on API Data Use".
7. Permitted Use.
7.1. You must not use, sell, sublicense, distribute or otherwise make available the API Data to any third party, except as part of a Value-Added Product (as defined in paragraph 7.4 below) and in accordance with these API Terms of Use (the “Permitted Use”).
7.2. Where You make API Data available as part of a Permitted Use, You must ensure that all persons who receive, access or use the API Data through You or Your Value-Added Product, including customers, clients, solution providers, agents, subsidiaries, or sub-contractors (each an “End User”) are bound by and comply with the Restrictions on API Data Use, the Permitted Use requirements and any other applicable provisions of these API Terms of Use relating to the use of API Data. You remain fully responsible for all acts and omissions of Your End Users in connection with the API Data and will be liable for any breach of these API Terms of Use as if such breach had been committed by You.
7.3. We may suspend or terminate Your access to the API Service immediately upon notice if We reasonably believe You or any of Your End Users has breached, or is likely to breach, this paragraph 7 and/or paragraph 8.
7.4. For the purpose of this paragraph 7, “Value-Added Product” means a product or service offered by You that uses the API Data and adds substantial independent to that API Data, including by: (a) combining the API Data with other data, information or analysis; or (b) processing or presenting the API Data in a manner that creates new functionality, utility, or commercial value for users. Merely replicating the API Data without adding substantial independent value does not constitute a Value-Added Product.
7.5. Except as expressly permitted under this paragraph 7, You shall not share, release, submit or allow extraction of the API Data by any party other than:
7.5.1. Your own employees who have a legitimate business need to access the API Data for the purposes of the Permitted Use; and
7.5.2. Your agents and subcontractors who:
7.5.2.1. require access to the API Data solely for the purposes of supporting or enabling the Permitted Use;
7.5.2.2. are subject to written confidentiality, use and security obligations that are no less protective of the API Data and Our rights than those contained in these API Terms of Use (including the Restrictions on API Data Use); and
7.5.2.3. comply with all applicable provisions of these API Terms of Use, relating to the use, protection and handling of API Data.
7.6 For clarity, where paragraph 7.1 permits API Data to be made available as part of a Value-Added Product, You may provide access to API Data to Your End Users only to the extent necessary for the operation, delivery and use of the Value-Added Product and subject at all times to compliance with this paragraph 7.
8. Licences to use the API Data.
8.1. Subject to Your compliance with these API Terms of Use (including the Restrictions on API Data Use), We grant You a limited, non-exclusive, revocable and non-transferable licence to use the API Data for the Permitted Use, subject to the other provisions in this paragraph 8.
8.2. To the extent expressly permitted under paragraph 7, You may grant End Users a limited right to access and use the API Data solely as incorporated within a Value-Added Product, subject at all times to these API Terms of Use.
8.3. Commercial use of the API Service and/or API Data is permitted, provided that You must not (and must ensure that Your End Users do not) integrate or rely on the API Service as a business-critical component of any system, process or service where the unavailability, interruption, error or delay of the API Service could reasonably be expected to: (a) materially impact the services You provide to any third party; or (b) cause financial loss, liability, penalties or claims against You and/or Your End Users.
8.4. You are solely responsible for implementing and maintaining appropriate business continuity and resilience safeguards, including fallbacks, manual processes and/or redundancy, and for deciding whether and how to use the API Service in any commercial context.
8.5. The licenses granted under these API Terms of Use apply only to the version of the API Service made available by Us from time to time and does not entitle You to receive any error corrections, patches, fixes, updates, upgrades, new releases or new versions (collectively, “Releases”), unless We choose to provide them. Where We, at Our discretion, make a Release available to You, You must implement and begin using that Release as soon as possible and in any event in the time period specified by Us. We shall have no responsibility or liability for any unavailability, errors, losses or claims arising from or relating to (a) Your failure to implement a Release within the required timeframe; or (b) Your continued use of any prior iterations of the API Service after We make available any Releases to You.
8.6. The licence to use the API Data includes the right to download, copy, display, and view provided that, except as expressly permitted by these API Terms of Use, You must not:
8.6.1. create, copy or store permanent copies of the API Data;
8.6.2. remove, alter, or cover up any trade mark, service mark, copyright and other proprietary notices contained in the API Data;
8.6.3. without Our prior written consent, make derivative works of, or commercially distribute, resell, licence, provide access to, or otherwise exploit the API Data other than as strictly necessary for the Permitted Use (including as part of a Value-Added Product) in accordance with paragraph 7;
8.6.4. use the Platform, the API Service, any API Data, Our name, branding in any manner that suggests or could reasonably be interpreted as implying an association between You and Us or Our licensors;
8.6.5. use any API Data to create, develop, support or provide a product, service, database, or dataset that competes with, substitutes for or replicates the API Service, the Platform or any material part of the API Data; or
8.6.6. use or exploit the API Data in any way for any purpose except as specifically permitted by these API Terms of Use.
8.7. The licences and rights granted to You under these API Terms of Use are non-exclusive, revocable and non-transferable which means that:
8.7.1. We may grant licences to any other person to access, use, license or otherwise exploit the API Service, the API Data and the Platform, and may continue to access, use, modify, commercialise, license and otherwise exploit the API Service, the API Data and the Platform Ourselves without restriction;
8.7.2. We may suspend, restrict or terminate any licences, right of access or right of use granted under these API Terms of Use; and
8.7.3. You must not assign, transfer, novate, charge, subcontract, or otherwise dispose of any of Your rights or obligations under these API Terms of Use, whether in whole or in part, to any other person, without Our prior written consent.
8.8. Except to the extent expressly permitted by: (a) paragraph 7 (Permitted Use), (b) paragraph 8.2 (End Users), and (c) paragraph 17.2 (Third Party Benefit), You must not allow any other person to use the API Service, the API Data or the Platform.
8.9. You acknowledge that the API Data may contain or be subject to intellectual property rights owned by third parties, including Data Providers. You must comply with all applicable restrictions relating to such rights and must not use API Data in a manner that infringes, misappropriates or otherwise violates the intellectual property rights or other rights of any third party.
8.10. Except for the limited rights expressly granted under these API Terms of Use, no right, title or interest in or to the API Service, the Platform, the API Data or any related materials is transferred to You. All intellectual property rights in the API Service, the Platform, the API Data and all related documentation, content, software, technology and materials are and shall remain vested in Us and/or Our licensors.
8.11. Any enhancements, modifications, adaptations, derivative works, developments, improvements or other materials created, developed or arising in connection with the API Service, the Platform or the API Data (other than Your own pre-existing intellectual property and independent developments that do not incorporate or derive therefrom) shall vest automatically in Us or Our licensors, as appropriate, upon creation.
8.12. To the extent that any intellectual property rights described in paragraph 8.11 do not vest automatically in Us or Our licensors, You hereby assign (by way of present assignment of future rights where applicable) with full title guarantee to Us or anyone else We nominate (or You will make this happen immediately). You shall promptly execute all documentation and do all acts reasonably requested by Us to give effect to, perfect, record or enforce such assignment.
8.13. You accept and understand that the API Service, the Platform and the API Data contain valuable confidential and proprietary information. You must not conceal, modify, remove, destroy or alter in any way any of Our proprietary markings on or in the API Service, the API Data or any related materials and documentation.
8.14. All rights not expressly granted to You under these API Terms of Use are reserved by Us and Our licensors.
9. API Licensor’s rights.
9.1. We have the right at any time to monitor and review Your access to and use of the API Service, the Platform, any associated accounts, credentials and integrations (including usage patterns, logs and related records) for the purposes of:
9.1.1. verifying compliance with these API Terms of Use;
9.1.2. investigation of actual or suspected breaches, misuse, fraud or security incidents;
9.1.3. protecting the security, integrity, availability and performance of the API Service and related systems;
9.1.4. complying with applicable laws, regulatory requirements and legal obligations; and
9.1.5. responding to complaints, claims or requests from third parties.
9.2. You shall provide such cooperation, information and evidence as We may reasonably request from time to time (including evidence contemplated by paragraph 17.2.4) to confirm compliance with these API Terms of Use, investigate suspected misuse, protect the security or integrity of the API Service, or respond to any complaint or claim or regulatory enquiry relating to Your use of the API Service.
9.3. We may suspend or restrict access to the API Service while We investigate any suspected breach of these API Terms of Use, a security risk or other misuse that has occurred or is likely to occur. Any monitoring, review or request under this paragraph shall be carried out to the extent permitted by law, including applicable data protection laws.
9.4. You grant Us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable licence to use, reproduce, copy, download, view modify, publish, edit, translate, distribute, perform, display and otherwise utilise any content or material that You provide to Us through the API Service including Your End User content or material and any data or analytics generated from the same (“Your Content”) solely to:
9.4.1. provide, operate, maintain and support the API Service;
9.4.2. perform Our obligations and exercise Our rights under these API Terms of Use;
9.4.3. monitor, secure and improve the API Service;
9.4.4. generate aggregated and anonymised statistical, operational and usage data; and
9.4.5. comply with legal, regulatory and contractual obligations.
9.5. We may collect, create, use, analyse, disclose and commercialise aggregated, anonymised and de-identified data derived from Your Content and use of the API Service, provided that such data does not identify You, any customer, any End User or any individual.
10. Our Marks.
10.1. All trademarks, logos, trade names, brand features, service marks and other distinctive brand identifiers which appear on the Platform, the API Service or any related documentation (collectively, “Marks”) are owned by Us, Our affiliates or Our licensors.
10.2. All other trademarks, service marks, logos and brand identifiers appearing in the Platform or API Service are the property of their respective owners.
10.3. Except as expressly permitted by these API Terms of Use or with Our prior written consent, nothing contained in these API Terms of Use, the Platform or the API Service or any related materials grants, by implication, estoppel or otherwise, any licence, right, title or interest to use any Marks.
10.4. Any unauthorised use of any Mark is strictly prohibited and may result in suspension or termination of access to the API Service and the exercise of any other rights or remedies available to Us.
11. Data protection.
11.1. You and We shall at all times comply with our respective obligations under applicable data protection laws.
11.2. You are responsible for ensuring that any personal data submitted to or processed through the API Service is collected and used lawfully and that all necessary notices, consents, and permissions have been obtained.
11.3. Unless otherwise expressly agreed in writing, each party shall act as an independent controller of any personal data it processes under or in connection with these API Terms of Use.
11.4. We may process personal data in accordance with our privacy policy found at https://www.gs1uk.org/privacy-policy (the “Privacy Policy”).
12. Confidentiality.
12.1. For the purposes of these API Terms of Use, “Confidential Information” means any information disclosed by or on behalf of Us to You, whether orally, visually, electronically, or in writing that (a) is designated as confidential, or (b) by its nature or the circumstances of its disclosure, ought reasonably to be regarded as confidential, including information relating to Our business, finance or technology, know-how, intellectual property rights, assets, strategy, products and other customers.
12.2. Confidential Information does not include information that You can demonstrate: (a) is or becomes publicly available other than through a breach of these API Terms of Use; (b) was lawfully known to You before disclosure by Us; (c) is lawfully received from a third party without restriction on disclosure; or (d) is independently developed by You without use or reference to the Confidential Information.
12.3. You shall:
12.3.1. keep the Confidential Information strictly confidential;
12.3.2. use the Confidential Information solely to use, and undertake development work with, the API Service for the purposes of exercising Your rights and performing Your obligations under these API Terms of Use;
12.3.3. give Us notice of any unauthorised misuse, disclosure, theft or loss of Our Confidential Information immediately upon becoming aware of this; or
12.3.4. not without Our prior written consent use, disclose, copy or modify Our Confidential Information (or permit others to do so) other than as is strictly necessary for You to be able to do what You are permitted and/or required to do under these API Terms of Use.
12.4. You may disclose Our Confidential Information to Your officers, employees, agents, professional advisers and contractors who:
12.4.1. have a genuine need to know the Confidential Information for the purposes of these API Terms of Use;
12.4.2. are subject to confidentiality obligations no less protective than those set out in these API Terms of Use; and
12.4.3. are informed of the confidential nature of the Confidential Information,
provided that You shall remain responsible for any act or omission of any person to whom Confidential Information is disclosed under this paragraph.
12.5. Nothing in this paragraph 12 prevents You from providing evidence under paragraph 17.2.4, provided that any such evidence is limited to what is reasonably necessary and may be redacted where appropriate.
12.6. You may disclose Our Confidential Information to the extent required by applicable law, regulation, court order or the requirements of any governmental, regulatory or supervisory authority with competent jurisdiction. To the extent legally permitted, You shall (a) give Us prompt written notice of the requirement to disclose; (b) provide reasonable assistance, at Our cost, in seeking a protective order or other appropriate remedy; and (c) disclose only that portion of the Confidential Information that You are legally required to disclose.
12.7. Upon Our written request, or upon termination or expiry of these API Terms of Use, You shall promptly cease using and, at Our election, return or securely delete all Confidential Information in Your possession or control, except to the extent retention is required by law or for legitimate internal compliance, audit or record-keeping purposes.
13. Warranties and Disclaimers.
13.1. Your Warranties. You represent, warrant and undertake that:
13.1.1. You have obtained and will maintain all rights, licences, permissions and consents required to: (a) use any application, product or service You develop that integrates with the API Service; and (b) access, use and process the API Data in accordance with these API Terms of Use; and
13.1.2. Your access to and use of the API Service, the Platform and the API Data (and any application, product or service developed or operated by You in connection with them) will: (a) not infringe, misappropriate or otherwise violate Our rights or the rights of any other person; and (b) not breach any applicable laws or regulations.
13.2. Service Availability.
13.2.1. The API Service is provided over public communications networks, including the internet. You acknowledge that the API Service may be subject to interruptions, delays, latency, transmission failures, security incidents, maintenance periods and other limitations inherent in the use of such networks.
13.2.2. We do not warrant that:
13.2.2.1. the API Service will be available at all time or uninterrupted;
13.2.2.2. the API Service will be error free, secure or free from vulnerabilities;
13.2.2.3. defects will be corrected within any particular timeframe; or
13.2.2.4. the API Service will meet Your individual requirements.
13.2.3. You are solely responsible for:
13.2.3.1. the security of Your systems, applications, infrastructure, credentials and accounts;
13.2.3.2. maintaining appropriate back-ups, business continuity arrangements and disaster recovery procedures; and
13.2.3.3. Your own hardware, content and any other data uploaded through the API Service.
13.2.4. We accept no responsibility or any liability that arises in connection with anyone else unlawfully obtaining access to Your API account in order to abuse the nature and intent of the API Service (although this does not include where We obtain access to Your API account as We are permitted to under these API Terms of Use).
13.2.5. We accept no responsibility for any liability that arises in connection with the theft of Your username or password by unauthorised third parties.
13.3. Compatibility. We do not warrant that the API Service will be compatible with any particular third party software, hardware, infrastructure, operating environment or technology stack.
13.4. Supported Use. Any warranty, commitment or obligation expressly provided by Us under these API Terms of Use is conditional upon Your compliance with these API Terms of Use and the latest versions of all Documentation.
13.5. Unsupported Modifications. We shall have no obligation to investigate, support, correct or remedy any issue, defect, interruption or degradation arising from:
13.5.1. any modification, alteration or adaptation made to any part of the API Service not authorised by Us in writing;
13.5.2. any third party software, hardware, network, infrastructure, or service;
13.5.3. Your systems, applications or integrations; or
13.5.4. any misuse of the API Service or failure to comply with these API Terms of Use.
13.6. Disclaimer. Except as expressly set out in these API Terms of Use and to the maximum extent permitted by applicable law:
13.6.1. the API Service, the Platform and the API Data are provided on an ‘as is’ and ‘as available’ basis;
13.6.2. all conditions, warranties, representations, and other items which might otherwise be implied by statute, common law or otherwise are excluded; and
13.6.3. We make no representation, warranty, or undertaking regarding: (a) availability, accessibility, performance or reliability; (b) accuracy, completeness, currency or fitness for purpose; (c) results obtainable from use of the API Service, the API Data or the Platform; or (d) suitability for any particular business, commercial, operational or regulatory purpose; and
13.6.4. We do not warrant that the API Service will be free from any virus or other malicious code. You are responsible for implementing appropriate security measures and scanning procedures.
13.7. Business-Critical Use. The API Service is designed, intended or warranted for use as a sole or business-critical dependency. We are not responsible or liable where the performance (or defective or non-performance) of the API Service could have a detrimental effect (whether directly or indirectly) on Your business, including any business-critical activities. You are solely responsible for ensuring that You do not rely on the API Service as the sole or primary means of providing any service to Your customers and/or end users and for implementing appropriate resilience measures, including redundancy and business continuity arrangements.
13.8. Third Party Data Disclaimer.
13.8.1. You acknowledge that the API Service displays API Data that is not owned nor controlled by Us.
13.8.2. Any validation, verification or checking functionality provided through the API Service is limited to automated logical checks and does not include physical or legal validations of the accuracy of the API Data.
13.8.3. We do not represent or warrant that the API Data is accurate, complete and/or up-to-date.
13.8.4. Use of the API Data and the API Service is entirely at Your (and, in the case of Permitted Use, Your End User’s) own risk.
13.8.5. Without limitation, we do not represent or warrant that the API Service or the API Data is suitable for any regulatory purpose, including any regulatory reporting requirements in the healthcare sector.
13.9. Service Evolution.
13.9.1. The API Service has been built as a service to satisfy Your GTIN Checking requirements and is subject to rapid enhancement and change based on feedback from the user community. As a result, You accept that in the unlikely event that the API Service is subject to unscheduled downtime, where reasonably practicable, We will endeavour to minimise this time period and inform You of any issues.
13.9.2. All aspects of the API Service, including the data We store about products, should be considered developmental due to the continuously rapid and agile developmental cycles undertaken in order to refine and grow the service offering for users of the API Service. Therefore, You accept You cannot deny Your End Users a product or service solely based on the API Service’s response (or non-response) or otherwise represent that the API Service is determinative, authoritative or guaranteed to be available.
14. Liability.
14.1. To the fullest extent permitted by law, neither We, nor any other GS1 entity globally (a "GS1 Member Organisation") nor any Data Provider, shall not be liable to You, whether in contract, tort (including negligence), misrepresentation, restitution, breach of statutory duty or otherwise, arising out of in connection with these API Terms of Use, the API Service, the Platform, the API Data or their use, unavailability, suspension, withdrawal or performance for any:
14.1.1. loss of profits;
14.1.2. loss of revenue;
14.1.3. loss of business, customers or contracts;
14.1.4. loss of anticipated savings;
14.1.5. loss of goodwill, or reputation;
14.1.6. any wasted management, operational or staff time;
14.1.7. loss, corruption or destruction of data,
in each case whether direct or indirect and whether or not such loss was foreseeable or the possibility of such loss was otherwise contemplated by the parties.
14.2. Subject to the exclusions and limitations set out in these API Terms of Use, the aggregate liability of We, any GS1 Member Organisation and the Data Providers arising out of or in connection with these API Terms of Use, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed £10,000.
14.3. Nothing in these API Terms of Use excludes or limits any liability that cannot lawfully be excluded or limited under applicable law, including liability for: (a) death or personal injury caused by negligence (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be excluded or limited by law.
15. Updates to the API. We may make changes to the API Service at any time and for any reason. We will notify You of any material changes by email. The updated API Service and any corresponding updates to related documentation can be accessed at https://github.com/GS1-UK/GTIN-Check-Help. If You do not agree to a change, You must stop accessing and using the API Service before the change takes effect. Your continued access to or use of the API Service after the effective date of the change will constitute Your acceptance of that change.
16. Termination and Suspension.
16.1. We may either (i) suspend, or (ii) terminate all licences granted to Us and Your rights to use the API Service and the API Data pursuant to these API Terms of Use where:
16.1.1. You are in breach of these API Terms of Use and such breach (a) is not capable of remedy; or (b) is remediable but has not been remedied to Our satisfaction within 7 days’ written notice from Us; (c) relates to unauthorised use of API Data, intellectual property infringement, confidentiality, security, fraud, or unlawful activity; or
16.1.2. Your continued access to the API Service could expose Us, any Data Provider or any third party to material risk, liability or harm.
16.2. Otherwise, the licences granted by Us and Your rights to use the API Service and the API Data under these API Terms of Use will continue until We terminate Your use (which We may do at any time for any reason and without notice) or You stop using the API Service, the API Data and the Platform.
16.3. In the event that any of the licences granted by Us and Your rights to use the API Service and the API Data under these API Terms of Use terminate for any reason, (a) We can shut down or restrict Your access to the API Service (including Your integration with the API Service) and the API Data; and (b) You shall promptly permanently delete and destroy all copies of the API Service and/or any API Data in Your possession or control.
16.4. Termination of any of the licences granted by Us and Your rights to use the API Service and the API Data under these API Terms of Use shall not affect any provision which is expressly or by implication intended to survive termination. Without limitation, all provisions relating to intellectual property, confidentiality, data protection, security, permitted use restrictions, indemnities, licences, disclaimers and limitations of liability shall continue in full force and effect after termination.
16.5. No failure or delay by Us to exercise any right or remedy provided under these API Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
17. Third Party Benefits.
17.1. Nothing in these API Terms of Use shall (except as expressly provided) be deemed to constitute a partnership or create a relationship of principal and agent between You and Us for any purpose.
17.2. You are only permitted to allow a third party to benefit from the API Service (such as a related company of Yours or Your End Users) where such third party benefit is strictly ancillary to, and does not exceed, Your Permitted Use under these API Terms of Use and where You ensure that:
17.2.1. such use does not exceed Your Permitted Use under these API Terms of Use (including the Restrictions on API Data Use) and, where applicable, complies with paragraph 7 (Permitted Use) and paragraph 8 (Licences to use the API Data);
17.2.2. such use is controlled by You and You remain responsible and liable for all acts and omissions of the relevant third party in connection with the API Service and/or any API Data as if they were Your own;
17.2.3. any disclosure of API Data and/or Confidential Information to, or access by, the third party is only to the extent permitted under these API Terms of Use (including paragraph 7) and the third party is bound by written terms no less protective than these API Terms of Use;
17.2.4. upon Our request, You shall promptly provide Us with reasonable evidence (including copies of relevant contractual terms, redacted as necessary) that the relevant third party is bound by written terms no less protective than these API Terms of Use and that such terms are in force; and
17.2.5. such use is otherwise subject to and in accordance with these API Terms of Use.
18. Indemnity.
18.1. You shall indemnify and keep indemnified Us, each GS1 Member Organisation, Data Providers and their respective officers, directors, employees and representatives (together, the "Indemnified Parties") against all losses, liabilities, damages, costs, expenses, fines, penalties and claims (including reasonable legal and professional fees) suffered or incurred by an Indemnified Party arising out of or in connection with any third-party claim alleging that:
18.1.1. Your Application, product, service, integration or other materials developed, supplied or used by You in connection with the API Service infringe, misappropriate or otherwise violate any intellectual property rights or other rights of any person;
18.1.2. Your access to, use of or exploitation of the API Service or API Data, or that of any End User, breaches these API Terms of Use, any applicable law or regulation, or any rights of a third party, including intellectual property rights, privacy rights, confidentiality rights or data protection rights; and
18.1.3. You, any End User or any person acting on Your behalf has misused the API Service or API Data; or
18.1.4. You have breached any representation, warranty, undertaking or other obligation under these API Terms of Use.
18.2. The indemnity in this paragraph 18 is intended to provide pound-for-pound reimbursement of the losses suffered or incurred by the Indemnified Parties in respect of the matters described in paragraph 18.1 and shall apply whether the relevant liability arises in contract, tort (including negligence), breach of statutory duty or otherwise.
18.3. You shall not settle any claim that admits fault or liability on the part of an Indemnified Party or imposes any obligation on an Indemnified Party without Our prior written consent, such consent not to be unreasonably withheld or delayed.
18.4. You remain fully responsible for the acts and omissions of Your End Users, customers, contractors, agents and other persons to whom You provide access to the API Service or API Data, and any act or omission of such persons shall be treated as Your act or omission for the purposes of this paragraph.
19. Governing Law and Jurisdiction.
19.1. These API Terms of Use, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales.
19.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these API Terms of Use or their subject matter (including non-contractual disputes or claims).