Terms and Conditions of Service

1. General conditions

1.1 IEC may change or update this agreement at any time by posting the newly versioned agreement on the IEC API Portal and/or via email without notice. If such changes are unacceptable to you, you shall immediately cease access to, or use of, the IEC APIs. Your continued use of the IEC API Portal will be deemed to be your acceptance of any such changes.

1.2 IEC may modify, suspend, partially or fully discontinue any aspect of the IEC API Portal, including its provision of the IEC APIs, at any time. IEC may also otherwise impose limits on your access and/or use of any IEC APIs at any time, including requiring you to delete them immediately upon written notice, without liability to IEC.

2. Safeguarding IEC APIs

2.1 Your access to the IEC APIs is granted in your capacity as a developer with a relationship with an IEC Member or the IEC Smart Programme. It is on this basis, that you are granted a limited, non-exclusive, non-transferable, revocable license to access and/or use the API for testing and development purposes only. No commercial use of IEC APIs is permitted whatsoever under this agreement.

2.2 IEC safeguards the IEC APIs under applicable legal frameworks, including intellectual property law. You shall not copy, transfer, sell, license, lease, give, download, modify, publish, assign, transmit or otherwise reproduce, disclose, reverse engineer, decompile, disassemble, make available to others or create derivative works from the IEC APIs, including any data related thereto, without permission in writing from IEC.

3. Further technical restrictions on the use of IEC APIs

3.1 You shall not use IEC APIs in any manner that harms, disrupts, or interferes with the operation, security, or performance of the IEC API Portal or any other IEC IT resource or service. Additionally, you shall note use the IEC APIs to transmit any malicious, fraudulent, or unlawful content, data, or code.

3.2. You shall not use the IEC APIs to circumvent any technical limitations, authentication mechanisms, or usage limits imposed by the IEC.

4. IEC intellectual property in its International standards and other publications and brand

4.1 Selected IEC International standards and other publications (“IEC publications”) have been made available, in whole and in part, through the IEC API Portal exclusively for the purpose of testing the IEC APIs and/or IEC API Poral. Your use of the IEC APIs is conditioned on your agreement to respect the copyright protection held by IEC in respect of these IEC publications. You shall not lend, lease, reproduce, distribute or otherwise exploit, whether commercially or not, any IEC publication you may access in use of the IEC APIs and/or IEC API Portal.

4.2 Nothing in this agreement shall be deemed to permit or licence you to use, modify or publish any trademarks, including any service or certification marks including any logos, of IEC. This shall include any trademark or other proprietary rights in relation to IEC’s Conformity Assessment Systems or schemes.

4.3 In the case of violation of this agreement and/or infringement of any IEC intellectual property, IEC reserves all rights and enforcement thereof, against you as well as any relevant third-party.

5. Personal Data Protection

5.1 IEC monitors and records all access to the IEC API Portal, including for purposes of ensuring respect of this agreement. You shall safeguard your account password as confidential from any other person, including other permitted users with separate accounts.

5.2 Your use of the IEC API Portal is conditioned on acceptance of IEC’s Privacy Notice, also available at https://www.iec.ch/privacy, to which you must separately consent before accessing your account. Your access to the IEC API Portal is also subject to the IEC’s cookie notice.

6. Representation and Warranties

6.1 Your use and access of the IEC API Portal and/or IEC APIs, including any features or data, are provided “as-is" without warranty of any kind, either expressed or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose and noninfringement.

6.2 IEC will not be liable for any delays, inaccuracies, errors or omissions in any IEC APIs and/or the provision thereof through the IEC API Portal, including in the transmission or delivery of all or any part thereof, or for any damages arising therefrom. Furthermore, IEC takes no responsibility for, and will not assume liability, for any damages arising from or related to use or attempted use of the IEC API Portal and/or IEC APIs.

7. Termination

7.1 IEC reserves the right to terminate this agreement with immediate effect at any time, including if IEC unilaterally determines you have violated any term of this agreement or caused another party to violate the terms of its agreement with IEC.

7.2 Upon termination of this agreement, you shall automatically and immediately delete any IEC APIs, unless instructed otherwise in writing.

8. Miscellaneous

8.1 These terms and conditions constitute the entire understanding between you and the IEC regarding your access and/or use of the IEC APIs, any data related thereto, and/or the IEC API Portal, and shall supersede any prior agreement in respect thereof.

8.2 The failure of the IEC to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.

8.3 Nothing in this agreement shall create or imply any partnership, joint venture, agency, fiduciary, or other relationship between you and the IEC, other than that of licensor and licensee.

9. Governing law and venue

9.1 This agreement is governed by the laws of Switzerland, with the exclusion of its choice of law provisions.

9.2 The courts of Geneva, Switzerland, shall have exclusive jurisdiction.

Version 1.0

27 May 2024