FACTUAL API (DATA) TERMS
Effective date: August 10, 2016
By using any Factual Application Program Interfaces and any associated drivers or other materials (collectively, “APIs”) you agree to these additional API Terms.
API AND DATA LICENSES
Subject to your compliance with the Terms of Service, including these API Terms, Factual grants you the following limited, revocable, nonexclusive, non-transferrable licenses:
- To access the APIs solely to obtain data that you may use strictly as permitted by the license below.
- To use the data obtained via the APIs (“Data”) as a component of your owned and operated free products or services that are made available to end user consumers (“Free Consumer Products”).
- To use the Data for internal testing and development of paid services or private services that include Data as a component, not including any commercial production (including beta testing).
The foregoing licenses apply solely to data obtained via the APIs and do not apply to any data obtained from the Sites. The foregoing licenses terminate immediately upon your breach of any provision of the Terms of Service.
In addition to all other requirements in the Terms of Service, the following requirements apply to your use of the APIs and Data:
- If you display Data in a Free Consumer Product, you will prevent any pages or screens displaying Data from being crawled in a manner that would allow a third party to obtain all or a substantial portion of the Data for a given locality, region, country, or other data set or subset (e.g., consumer products).
- You must store all Data on servers that you own and/or control. You will delete any Data and API-related materials immediately upon Factual’s request or upon any termination of your Factual account or the licenses granted above.
- You will not attempt to circumvent any security measures or usage restrictions (e.g., by using multiple IP addresses or multiple user accounts).
- API requests must be initiated by queries or other actions taken by human users, not bots or other automated means.
- If you use the Geotag service, you will comply with the requirements at https://www.openstreetmap.org/, including any applicable requirements that you credit OpenStreetMap or its contributors.
- You will display the Factual ID in machine-readable format anywhere Data is used or displayed.
- If Factual makes Place Rank or Existence Data (“Restricted Data”) available via the APIs, you shall only use Restricted Data internally, and will not display or share Restricted Data with any third party.
- You may not do any of the following:
- use Data for customer or lead generation, marketing or sales research, store location planning, enriching or cleaning your own data, or inclusion in paid services (please contact Factual if you are interested in any of these use cases);
- use Data in connection with any advertising, including but not limited to online ad targeting, creating or augmenting user profiles or other audience data, attribution or other analytics, or any advertising or data platform (e.g., any DMP, DSP, ad exchange or supply-side platform);
- systematically query the APIs such that you to obtain all or a substantial portion of the Data for a given locality, region, country, or other data set or subset (e.g., consumer products);
- use the APIs or the Data to (a) offer any product or service that competes with Factual, (b) provide third parties with any of the Data except through your Free Consumer Products, or (c) provide any of the Data to third parties in bulk, even in connection with Free Consumer Products;
- categorize users according to sensitive characteristics including but not limited to medical or health condition or treatment including alcohol or substance addiction, religious affiliation, sexual orientation, transgender status, race, ethnicity, any age below age 13, or as otherwise defined by applicable law and industry guidelines including the Digital Advertising Alliance Self-Regulatory Principles and/or the Network Advertising Initiative Code of Conduct, or use the Data in a manner that would violate laws prohibiting discrimination. You acknowledge that applicable laws and/or industry guidelines may define sensitive characteristics more broadly than the foregoing list; or
- use the Data to determine adverse terms and conditions of or ineligibility for employment, credit, health care treatment or insurance.
Subject to your compliance with the Terms of Service, including these API Terms, Factual grants you a limited license to use the Factual trademarks, service marks, logos and trade names (“Factual Marks”) in association with your use of Data as described above, provided that your use complies with Factual’s then-current brand usage policies located at https://www.factual.com/trademarks. Factual may revise its brand usage policies in its sole discretion, from time to time, with or without notice. In addition, you will provide the following attribution to Factual in your Free Consumer Products, as applicable to the type of Data you use:
Places data powered by Factual Inc. (https://www.factual.com)
Geography data powered by Factual Inc. (https://www.factual.com)
CPG data powered by Factual Inc. (https://www.factual.com)
You will stop using the Factual Marks immediately upon Factual’s request. Factual reserves all rights not expressly granted in these Terms of Service. You acknowledge that Factual is the owner of the Factual Marks, including all goodwill associated the Factual Marks, that your use of the Factual Marks inures to the benefit of Factual and that you will not acquire any rights therein. Factual retains all right, title, and interest in and to the Factual Marks, including any goodwill associated therewith, subject to the limited license granted to you above.
Factual may restrict usage of the APIs, including by imposing daily usage/rate limits and suspending or throttling the APIs. At any time, Factual may change the specifications of or impose new restrictions on the APIs. Factual does allow for caching of Data provided through the APIs provided you delete Data in compliance with all expiry headers, but encourages use of the APIs and other Services that provide more accurate and up-to-date values.