These Terms and Conditions (“Terms”) govern the use of the Application Programming Interface (“API” or “Service”) offered by Coordinated Auction Office in South East Europe DOO Podgorica (“SEE CAO”, “we”, “us” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

1. API Service Subscription

1.1. The Service provided by SEE CAO is accessible to customers who subscribe on an annual basis.

1.2. By subscribing to the Service, you agree to pay the applicable subscription fees as determined by SEE CAO.

1.3. SEE CAO reserves the right to modify, suspend, or terminate the Service or your access to the Service if the Service is used in contrary to the Fair Use Policy and these Terms, at the discretion of SEE CAO, at any time without prior notice.

2. Fair Use Policy

2.1. The Service is subject to a Fair Use Policy, which means that your usage of the Service should be reasonable and in accordance with the intended purposes. Fair Use Policy encompasses all rules prescribed within these Terms (including, but without limitation sections 2, 3, 4, 5 herein).

2.2. Subscribers are prohibited to use the Service for any unlawful purpose or in violation of these Terms, to modify, adapt, or create derivative works of the API, to sell, lease, distribute, or otherwise transfer the API or any rights granted herein to any third party or to use the Service in a manner that could damage, disable, overburden, or impair the functionality of the API or interfere with any third-party access to API.

2.3. SEE CAO reserves the right to monitor your usage of the Service to ensure compliance with the Fair Use Policy and these Terms.

3. Limitation on API Requests

3.1. The number of API requests is limited to 120 per minute per subscriber.

3.2. Exceeding the specified limit may result in the temporary suspension or termination of your access to the Service at SEE CAO’s discretion.

4. Payment conditions

4.1. The annual subscription fee for accessing the API services provided by SEE CAO amounts to 300 EUR. This fee grants the subscriber access to the API functionalities for a period of one year from the payment receipt date.

4.2. Upon successful payment of the annual subscription fee, SEE CAO will provide the subscriber with a unique API key. This API key is necessary for accessing and utilizing the API services offered by SEE CAO.

4.3. Payment for the annual subscription fee must be made in full prior to the issuance of the API key. SEE CAO accepts payments through the designated payment gateway(s) provided to the subscriber.

4.4. Subscribers are responsible for renewing their annual subscription prior to its expiration to maintain uninterrupted access to the API services. Failure to renew in a timely manner may result in the suspension or termination of access to the API services.

4.5. Refunds for the annual subscription fee will only be considered under exceptional circumstances and at the discretion of SEE CAO. Refund requests must be submitted in writing to SEE CAO’s customer support team for review.

4.6. All applicable taxes and fees associated with the annual subscription fee are the sole responsibility of the subscriber. SEE CAO reserves the right to adjust the subscription fee to account for any changes in applicable taxes or fees.

5. Intellectual Property Rights

5.1. All intellectual property rights in the Service, including but not limited to copyrights, trademarks, and patents, belong to SEE CAO.

5.2. You are granted a limited, non-exclusive, non-transferable license to use the Service solely for the purposes described in these Terms.

6. Data Privacy

6.1. By using the API, you acknowledge and agree that we may collect certain information and data related to your use of the API, including but not limited to:

  • Information provided by you during registration or through your usage of the API;
  • Usage data such as access logs, error logs, and performance metrics;
  • Information about the devices or systems accessing the API.

6.2. You acknowledge and agree that SEE CAO may collect and use data generated through your use of the Service for internal purposes, including but not limited to improving the Service and developing new features.

In some cases, we may use third-party services or tools to facilitate data collection and analysis. These third parties are bound by their own privacy policies, and we are not responsible for their practices.

6.3. By using the Service, you consent to the collection and use of information as outlined in these Terms. If you do not agree with these Terms, please refrain from using the API.

7. Disclaimer of Warranties

7.1. The Service is provided on an “as-is” and “as-available” basis without any warranties of any kind, express or implied.

7.2. SEE CAO does not warrant that the Service will be uninterrupted, error-free, or free from harmful components, but agrees to take the best efforts to maintain the Service functionalities.

8. Limitation of Liability

8.1. In no event shall SEE CAO be liable for any indirect, incidental, special, consequential, or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses arising out of or in connection with your use of the Service.

8.2. SEE CAO’s total liability to you for all claims arising out of or in connection with these Terms shall not exceed the total amount paid by you for the Service during the twelve-month period preceding the event giving rise to the liability.

9. Governing Law and Jurisdiction

9.1. These Terms shall be governed by and construed in accordance with the laws of Montenegro, without regard to its conflict of law principles.

9.2. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Montenegrin courts.

10. Changes to Terms

10.1. SEE CAO reserves the right to update or modify these Terms at any time, without prior notice. We will notify you of any material changes through appropriate channels.

10.2. Continued use of the Service after any such changes shall constitute your consent to such changes.

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service. If you have any questions or concerns about these Terms, please contact us at auctionoffice@seecao.com.

Date of Last Revision: 29.03.2024