MaxMind End User License Agreement

For the Portuguese translation of this MaxMind End-User License, click here.

Para a versão traduzida em português do Contrato de Licença de Usuário Final da MaxMind, clique aqui.

By clicking on the words "I Agree" below, you agree that your use of the MaxMind, Inc. ("MaxMind") products and services (collectively, the "Services") is subject to the terms and conditions set forth in this MaxMind End User License Agreement (this "Agreement").

  1. ADDITIONAL POLICIES. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to the use of the Website and the Services:

This Agreement controls in the event of any conflict with the above-referenced policies except as otherwise provided in Section 9 (Personal Data).

  1. "GeoIP Databases" refers to MaxMind's line of database services and products that provide geographic information and other data associated with specific Internet protocol addresses (each a "GeoIP Database" and collectively the "GeoIP Databases"). The data available through the GeoIP Databases is referred to in this Agreement as the "GeoIP Data".
  2. "minFraud Service" refers to the service offered by MaxMind that uses MaxMind proprietary data combined with recognized fraud risks to help merchants identify potentially fraudulent online transactions.
  3. "GeoIP2 Web Service" refers to the service offered by MaxMind that uses MaxMind proprietary data to provide geolocation and other information associated with an IP address.
  4. "Services" as used in this Agreement encompasses the GeoIP Databases and the GeoIP Data therein, the minFraud Services and the GeoIP2 web services.
  5. "Web Services" refers to the minFraud Service and the GeoIP2 Web Service. The GeoIP Databases are not "Web Services." Unless otherwise specified, all references to the Services in this Agreement include the Web Services.
  6. "Geolocation Functionality" includes, but is not limited to, the distribution of content based on geographic location, any ability to view the GeoIP Data, any ability to view or access graphical or textual representations of the GeoIP data, and any ability to initiate queries to the GeoIP Databases directly or via your commercial product/service.
  7. a "ShopID" is an input for a query to the minFraud Service. The ShopID is your internal identification code or name for the shop, affiliate, merchant, or customer that is the source of the online transaction for which the minFraud Service is being queried.
  8. "Internal Restricted Business Purpose(s)" means the uses of the GeoIP Data solely for content customization, fraud prevention, and geographic reporting provided that "Internal Restricted Business Purposes" does not include:
    1. providing Geolocation Functionality to applications or online platforms if users other than you can access or use the Geolocation Functionality for their own purposes or benefit (e.g., you may use Geolocation Functionality to customize and target your own ads for your own products and services, surveys, and other content but may not use Geolocation Functionality in connection with a service that customizes or targets any content on behalf of your customers, users, or any third party);
    2. using GeoIP Data in the models or decision-making process for a fraud-detection or similar service offered to third parties, regardless of whether end users of the service and other third parties are able to view or otherwise access the GeoIP Data;
    3. sharing the GeoIP Data with third parties. As an illustration, restrictions on sharing GeoIP Data include, but are not limited to, (X) displaying geolocation pairing information (meaning displaying an IP address along with its geographic origination such as "this IP address, XXX.XX.XX.XX, originates from New York City, NY, USA"); and (Y) displaying GeoIP Data in an aggregated format such as "1000 IP addresses originated in New York City" or
    4. using the GeoIP2 Anonymous IP Database or the GeoIP Data therein for any purpose unrelated to detecting security incidents or protecting against malicious, deceptive, fraudulent, or illegal activity.
    1. You may access and use the Services for your own Internal Restricted Business Purposes.
    2. You may use the Web Services (but not the GeoIP Databases) to provide Geolocation Functionality for applications or products, even if such applications or products are accessible to parties other than you or your employees (Note: You may use the GeoIP Databases or GeoIP Data to provide Geolocation Functionality for applications or products only if those applications and products are accessible only to you and your employees.)
    3. You may sublicense the Web Services (but not the GeoIP Databases) to your customers provided that (i) all use by you and your customers of the Web Services complies with the terms and restrictions set forth in this Agreement (including the minFraud Service Terms of Use , if applicable) and (ii) any query to the minFraud Service made by you, or on behalf of your customer, includes a ShopID as an input field.

    You agree to use the Services and products only in a manner that is consistent with applicable laws. You understand and agree that (i) MaxMind does not guarantee the accuracy of the GeoIP Databases or GeoIP Data; and (ii) you are solely responsible for the legality of your use and receipt of the Services.

    1. General. You may not, nor may you permit others to:
      1. copy any portion of the Services except as reasonably required for using the Services as permitted in this Agreement;
      2. allow anyone other than yourself or your employees to access the Services, or any portion thereof, without MaxMind's express written permission or except as expressly permitted in this Agreement;
      3. use the Services to develop a database, infobase, or similar database service, or other information resource in any media (print, electronic, or otherwise, now existing or developed in the future) for sale to, distribution to, display to, or use by others;
      4. except as explicitly permitted hereunder for your use of the Web Services, create compilations or derivative works of the Services for any purpose other than your own Internal Restricted Business Purposes;
      5. use the Services in any manner that is beyond the scope of the rights granted in this Agreement;
      6. except as explicitly permitted hereunder for your use of the Web Services, store in a retrieval system accessible to the public, transfer, publish, distribute, display to others, broadcast, sell, or sublicense the Services, or any portion thereof;
      7. remove or obscure any copyright notice or other notice or terms of use contained in the Services;
      8. use the Services to create or otherwise support the transmission of unsolicited, commercial email;
      9. remove, disable, avoid, circumvent, or defeat any functionality in the Services designed to limit or control access to or use of the Services;
      10. except for your use of the Web Services as permitted hereunder, use the Services to provide Geolocation Functionality for applications or products accessible to anyone other than you or your employees; or
      11. use the Services for the purpose of identifying or locating a specific individual or household.
      1. "Confidential Information" includes all confidential and proprietary information or material disclosed by you or MaxMind (the "Disclosing Party") to the other party (the "Receiving Party") from which the Disclosing Party derives actual or potential economic value, and which is clearly marked or verbally identified at the time of disclosure as "Confidential" or is disclosed or learned under circumstances that would lead a reasonable person to conclude that the information was confidential. Confidential Information shall not include information that: (i) is or becomes publicly known through no act or omission of the Receiving Party; (ii) was in the Receiving Party's lawful possession before being disclosed to the Receiving Party by the Disclosing Party; (iii) is lawfully disclosed to the Receiving Party by any other third party not bound by any confidentiality obligation with respect to such information; or (iv) is independently developed by the Receiving Party.
      2. The parties acknowledge that each party may have access to Confidential Information of the other party. Each party shall use reasonable care to protect the Confidential Information of the other party. In that regard, each party shall restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required to exercise its rights and fulfill its obligations under this Agreement and only if such persons are subject to nondisclosure restrictions at least as protective as those set forth in this Agreement. Neither party shall, without prior written approval of the other party, use for such party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Disclosing Party, any Confidential Information. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under applicable law, rule or order, provided that the Receiving Party discloses no more Confidential Information of the Disclosing Party than is reasonably necessary in order to respond to the required disclosure, and provided further that where reasonably practicable and to the extent legally permissible, you will provide MaxMind with prior written notice of any required disclosure so that MaxMind may seek a protective order or other appropriate remedy.
      1. MaxMind may amend this Agreement at any time. Any such amendment(s) shall be binding and effective upon the earlier of (i) the date that is thirty (30) days after the posting of the amended Agreement on the Website or (ii) the date that MaxMind provides notice to you of the amended Agreement, except that changes to charges and payment terms may be made only upon 30 days' prior written notice to you. You may immediately terminate this Agreement upon written notice to MaxMind if a change is unacceptable to you. Your continued use of the Services following notice to you of a change shall constitute your acceptance of the change.
      2. If you find it convenient to employ your standard form(s) of purchase order or similar form in administering the terms of this Agreement, you may do so, but none of the terms and/or conditions printed or otherwise appearing or referenced on such form will be applicable to or shall modify or change your rights or obligations hereunder except for those terms and conditions concerning specific details with respect to matters such as date, location, and quantity provided that such terms and conditions are not inconsistent with the terms and conditions set forth in this Agreement. MaxMind reserves the right to reject any purchase order or similar form which, in MaxMind's reasonable judgment, creates any ambiguity concerning which terms are applicable to this Agreement.
      3. This Agreement shall terminate immediately if, within the reasonable judgment of MaxMind, you materially breach any material term or condition of this Agreement and fail to remedy the breach within ten (10) days of receipt of written notice thereof stating MaxMind's intent to terminate upon non-cure of the breach. MaxMind may immediately terminate this Agreement if MaxMind reasonably believes that terminating this Agreement is necessary for MaxMind to comply with any legal obligation. Your failure to comply with the Restrictions is a breach of a material term of this Agreement.
      1. MaxMind shall provide you with notice in writing and sent by email or first class mail or equivalent to the email address or physical mailing address listed in the MaxMind account portal as being associated with your account. Provided that, if you do not have an email address associated with your account, MaxMind may instead send notice to you at the email address listed in the MaxMind account portal for each admin user of your account. You may update your notice contact information by updating it in the MaxMind account portal.
      2. You shall provide notice to MaxMind in writing and sent by email (with confirmation of delivery) or first class mail or equivalent at the following address:

      MaxMind, Inc.
      51 Pleasant Street #1020
      Malden, MA 02148
      U.S.A.

      Notices relating to Data Incidents (as defined in the Addendum) should be sent to: alert@maxmind.com

      MaxMind may change its notice contact information by updating it in this Agreement.