1. Scope

   1. Swisscom Directories AG (hereinafter also referred to as localsearch) operates the search.ch website amongst others. These Terms and Conditions of Use for the “API-Service” Application Programming Interface (hereinafter referred to as API) on search.ch govern the use of API in addition to the applicable legal notices/terms and conditions on the use of the websites of Swisscom Directories AG (“legal notices”). No other verbal or written agreements exist between Swisscom Directories AG and the Customer.
   2. The general terms and conditions of the Customer are expressly excluded.
   3. localsearch reserves the right to amend these Terms and Conditions of Use for the “API-Service” at any time.

2. Services provided by localsearch

   1. localsearch enables the Customer to access the data entries published on search.ch via API. This provides the Customer with an electronic telephone directory with additional information and functions.

3. General Terms and Conditions on API Access/Obligations of the Customer

   1. The Customer will submit an application to localsearch to use the API indicating their full first name and surname, e-mail address, telephone number and the purpose of use. The Customer is obliged to notify localsearch immediately of any changes to the information provided.
   2. After the application has been made and the details, including the purpose of use and any changes, have been checked, the Customer will be issued with an API-Key by localsearch. The API-Key identifies the Customer and provides it with access to the data entries published on search.ch.
   3. A single API-Key is issued per customer. The API-Key may not be passed onto third parties or used for any other purpose.
   4. The monthly usage quota per customer and API-Key is 1000 requests. A maximum of 20 results are provided per request.
   5. The Customer is solely responsible for the equipment and infrastructure that provide it with access to the API and enable its usage. The Customer also bears sole responsibility for the transport of the data and will purchase or develop the software required for accessing and using it itself.
   6. localsearch may carry out technical or commercial changes at any time without prior notice. localsearch may also block or terminate a Customer’s API access at any time.

4. Permitted types of use

   1. The Customer is permitted to perform the following types of use:
      • Identification of the caller;
      • Display of the caller’s information contained in the entries;
      • Search and display of entries;
      • Storage of the entry in the company’s own systems;

      • Use of the transmitted and/or stored entries for the company’s own internal use.

   2. The following source reference must be provided with all forms of API usage: “Swisscom Directories AG”.

5. Prohibited types of use

   1. All forms and types of use of API and/or the entries not expressly indicated under section 4 are prohibited for the Customer, in particular:
      • Use for any form of online directories (including mobile applications), voice information services or similar;
      • The production of any kind of directories in offline or printed form;
      • Any form of the transfer of the transmitted and/or stored entries to third parties;
      • Any form of enabling third parties to use the entries transmitted and/or stored;
      • Modification or deletion of the entries stored in the directory or a part of the directory;
      • Use of the entries for an indecent or unlawful purpose;
      • Automated bulk requests to, for instance, create or update address databases;

      • The issuing of sub-licences.

   2. With regard to the use of API, the Customer undertakes to fully comply with the applicable legal provisions, in particular the Swiss Federal Act on Data Protection (FADP), the Federal Act on Unfair Competition (UCA) and the Telecommunications Act (TCA).
   3. If the Customer violates the provisions set out in section 5, the Customer will be liable to pay localsearch a contractual penalty of CHF 50,000 for each violation. The payment of the contractual penalty will not exempt the Customer from compliance with all obligations of these Terms and Conditions of Use or from compensation for any and all damages suffered by localsearch.

6. Liability of localsearch

   1. Any liability of localsearch is excluded to the extent permitted by law. localsearch will not be liable if only slight negligence can be proven. All liability for consequential damages and loss of earnings is excluded.
   2. The Customer expressly acknowledges that localsearch is no longer liable for and provides no assurances on:
      • the content, the scope, the accuracy, the completeness and the availability of the entries;
      • the Customer’s entitlement to the continuation of the service;
      • damages caused to the Customer due to the abuse of the connection (including viruses) by third parties;
      • interruptions to service and any resultant damages caused to the Customer;
      • errors caused by the network or connection provider;
      • in cases of force majeure, such as natural disasters, acts of war, strikes, unforeseen government restrictions, virus attacks on data processing systems, etc.;
      • costs incurred by the Customer in relation to the introduction of new technologies;
      • outages, interruptions to service, errors or similar incidents caused by the software (CRM/ERP etc.) used by the Customer and which restrict or prevent usage.

7. Ownership and proprietary rights

   1. The Customer acknowledges that localsearch owns and holds all proprietary rights to search.ch, the entries contained in it and to the API.
   2. The Customer cannot derive licence or any other proprietary rights to search.ch, the entries or the API from the use of the API. The use granted under these Terms and Conditions of Use is not exclusive and localsearch is entitled to grant any rights of use to third parties at any time.

8. Applicable law and place of jurisdiction

   1. The contract relationship between the parties will be governed by Swiss law, with the exception of the substantive rules with respect to conflicts of laws and the provisions of the Vienna Convention (United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on 11 April 1980).
   2. Zurich will be the sole place of jurisdiction for any disputes. For customers domiciled or with their registered office abroad, Zurich will be the place of debt enforcement and the sole place of jurisdiction for any legal proceedings.
   3. In the event of ambiguities and inconsistencies in translated texts, the German version will prevail.

Zurich, November 2017