DataSift – API Terms

These terms accompany our website terms and privacy policy and explain how MediaSift Limited allows you to use our application programming interface and programming language (referred to as "our API") to sift data available through datasift.com ("our site"). Your use of our site, and a number other aspects of your relationship with us, are subject to our website terms as well as these terms.

Please read these terms carefully before using our API. By using our API, you indicate that you accept these terms and that you agree to abide by these terms and our website.

1. About us, our API, and these Terms

datasift.com is operated by MediaSift Limited (referred to as "we", "us" and "our"). We are registered in England and Wales under company number 06411859 and have our registered office at Reading Enterprise Centre, Earley Gate, Whiteknights Road, Earley, Reading, RG6 6BU, UK.

For general enquiries, you can find our contact details on our contact us page

If you require technical support for your use of our services, please use the support portal at support.datasift.com. You can find more information about our technical support on our Support Policy page.

Our API

Our API provides users with the ability to access and consume filtered data through use of our online tools. The data we support (referred to as "Data") includes feeds from a number of sources that are listed on our site. The services that we provide in connection with our API, including any support services, are referred to as "our services".

Changes to these Terms

We may revise these terms by posting an updated version to this web page to reflect changes in market conditions affecting our business, changes in technology or our business model, changes in relevant laws and regulatory requirements, and changes in our systems.

We ask that you check this page from time to time to take notice of any changes we make, as they are binding on you. Registered users of our API will be informed of changes to these terms by email at least 30 days before the change is to come into effect - if you don't agree to a change you are able to stop using our API before the change comes into effect by closing your online account.

All users should note sections 3 and 14, which give important information on the limits of our service, and you and our liability to each other.

Your Status

By registering to use our API you confirm that:

  • you are legally capable of entering into binding contracts
  • if you are an individual, you are at least 18 years old
  • if you are acting for an organization (such as a company or a partnership), you are authorized to enter into these terms for and on behalf of that organization (in which case, references in these terms to "you" are to that organization, and not you personally)
  • by accessing and using our API, you are complying with all applicable laws and regulations in the country in which you are located

3. Accessing and Using our API

Access and Registration

We restrict access to our API to users who have registered with us. Information on registration can be found in our website terms. When you select the option to use our API, you will need to select a service plan and pay our fees, as described in sections 4 and 10.

We reserve the right to amend the API without warning. We will not be liable if for any reason our API is unavailable for use at any time or for any period except under our service level agreement (see section 6).

Use of your Account and Security

You are responsible for all use of your security details and your account (which includes use of our API using your login). You must treat your username and password, and any other security details, as confidential, and not disclose it to any other person. You must also prevent unauthorized access to your account.

We have the right to suspend or close any account with us and terminate your right to use our API, if (in our opinion) you have failed to comply with any part of these terms or our website terms, and as set out in sections 11 and 13.

You are responsible for ensuring that all persons who use our API on your behalf are aware of these terms, and that they comply with them.

We reserve the right to refuse to provide access to our site to, to provide our services to, or permit the use of our API by, any person.

Acceptable Use

You may only use our API for your own lawful internal business purposes, and in accordance with our acceptable use policy. You will also need to comply with our website terms, as applicable.

Filtering Data

You can use our API to create Data filters and view the results - the results of each Data filter is known as a "stream".

You may only use the Data that you obtain through our API, or though use of our site or our service, in accordance with the terms applicable to the Data - see section 8.

4. Our Plans

Our API is available on an 'On Demand' (pay-as-you-go) plan, or monthly or annual 'Subscription' plan:

  • The On Demand plan allows you to build a package to suit your needs. You will be able to select the number of DPU hours and other services that you wish to use
  • A Subscription Plan allows you to select a plan with defined monthly resources and support. Details of the different plans can be found on our pricing page. Each plan has its own benefits and restrictions; for example, the number of DPU hours available to you each month will differ between plans. If you exceed the inclusive services in a subscription plan, on-demand charges will apply - please see our Billing FAQs for information on how you can set limits on your account to control this

The plans we offer, and the prices, are as shown on our site. You will need to select the on demand or subscription plan that best suits your needs.

We may change, discontinue, or add to, the plans, or change or remove our plans or the prices, from time to time. We will inform you of any significant change or discontinuation of our plans that affects you.

Once you have selected the on-demand or subscription plan that best suits your needs, you will also need to choose the Data that you wish to use. Please note that different Data will be subject to different fees and license terms. Full details of our available data sources and augmentations can be found on our Data Sources page.

You may not: (i) sell, resell, rent or lease, our API or our services or material from us to any person, (ii) create derivative works based upon our API or our services, except as authorized in these terms, (iii) copy, mirror or frame any part or content of our API or our services, (iv) reverse engineer our API or our services, (v) access our services to build a competing product or to copy the features, functions or appearance of our API or our services.

5. Accessing our API and our Services

Platform Access

Once you've chosen and paid for the plan that you wish, we will acknowledge your payment by e-mail and you will then be able to access:

  • a range of account management functions through your online account on our site
  • Data, and the tools for filtering the Data and creating streams, by using our API

You will need to ensure that your systems can support our API, and that you use our API in accordance with the guide available on our site.

Using our API

You may only use our API to access and use our services in accordance with these terms. Except to the extent expressly permitted under these terms or at law, you may not attempt to:

  • copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute our API
  • reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form the code of our API

Support Service

All API users may access and use our online support materials - please see dev.datasift.com for our product documentation and community support. Support is subject to the fees set out on our site.

If you believe that you have made a mistake when ordering our services, please do not use our services and contact us within 24 hours so that we can try to resolve it. As our API and the Data will be fully available to you once you have paid for them we do not offer refunds or a right to cancel.

6. Service Level Agreement

You can benefit from our service level agreement. Full details can be found at datasift.com/terms/sla

7. Intellectual Property Rights

Our Site and our Services

We are the owner or the licensee of all intellectual property rights on our site, in the material published on our site, to our services, and in our API. Those works are protected by copyright laws and treaties around the world. All rights not granted to you in these terms are reserved.

We confirm that we have all the rights in relation to our site, the services, and our API, that are necessary to grant all the rights we purport to grant to you under these terms. If this proves to be untrue, your exclusive remedy shall be as follows: we shall defend you against any claim that our site, our services, or our API infringe any patent, copyright, trade mark, database right or right of confidentiality, subsisting or registered (as applicable) in the United Kingdom, and reimburse you for any damages finally awarded against you at court (or under a court approved settlement) in respect of such a claim, provided that: (i) we are notified of any such claim being intimated within 10 days of you first becoming aware of it; (ii) we are given sole authority to defend or settle the claim; (iii) you provide reasonable co-operation to us in the defense and settlement of such claim; and (iv) you use your best endeavours to minimize our liability in respect of the claim including by not using the allegedly infringing parts of our site, our services, and our API. In the event of such a claim arising, or we believe that the services may infringe the intellectual property rights of another person, we may: (i) modify the services so as to no longer infringe those rights; (ii) obtain a license from that other person for the continued use of the services as envisaged by these terms; or (iii) close your account and refund you any prepaid fees in respect our services that you have not used as at the date of closure.

Trade Marks

"DATASIFT" and the DATASIFT logo are trade marks of MediaSift Limited.

8. Data Available through Us

Ownership

The Data (being data from the feeds available through our site), is provided to you by us but it belongs to other people. The Data is subject to separate license terms, and may be subject to separate fees.

Selection and Licenses

You will need to select which Data you wish to access through our API from our Data Sources page. Before you can access Data from a particular feed you will be shown the license terms and any fees related to that Data, and be asked to agree to them. If you agree, you are committing to us and the provider of the feed that you will comply with the applicable license terms. If you do not agree to any particular license terms, we will not be able to provide you with Data from the applicable feed.

Fees

The Data on our site is subject to a variety of charging models and related license structures. The price for each feed will be as stated on our site. Further details on the charging models and license structure scan be found in our Billing FAQs

Compliance

If you breach the license terms for any Data, and that (directly or indirectly) causes us to incur costs or losses or a liability to another person, on demand, you will fully reimburse us for those costs (including legal fees), losses, and liability. We may also terminate your use of any particular Data if you are in breach of the license terms for that Data.

Availability

We will do our best to ensure that our systems are available to accept the feeds in accordance with our service level agreement (see section 6), and that we continue to be licensed to provide the feeds to you. However, we cannot guarantee or be held responsible for the availability (or continued availability) of any Data or any feed.

9. Using Data

You must comply with the Data license terms referred to in section 8 at all times (even after you close your account with us).

We do not test or screen the Data, we only provide tools for sifting it through our API. Your use of any Data is at your sole risk. You are fully responsible for the use of all Data that is provide to you, whether that is your own use or use by another person that gains access to the Data through you or your systems.

You may not publish online, or distribute to other people, the Data that you obtain through use of our services except to the extent that this is expressly permitted in the relevant Data license terms.

Subject to what is set out above in this section, paying users of our API may use or display results, usage statistics, other information (in the aggregate or otherwise) derived from analyzing the Data, or using our API, but only for your own internal business purposes.

10. Fees, Payment and Taxes

Information on fees, payment and taxes is set out in our Billing Terms.

11. Suspension and Interruption

Suspension

We may suspend access or use to any portion or all of our site or our services or our API at any time if we decide that:

  • your or another user's use of our site or our services (i) poses a security risk to us, you, or another person, (ii) may adversely impact our site, our service, our API, the Data, the Data providers, you, or any other person, or (iii) may cause us, you, or any other person to incur a liability
  • you are in breach of these terms or our website terms or the Data license terms, including if you haven't paid us any amount you owe us when it is due (such as if a card payment is refused)
  • it is required by law

If we suspend your right to access or use any portion or all of our site or our service:

  • you remain responsible for all fees and other amounts that you owe to us (including fees for services that you continue to have access to)
  • you will not be entitled to any credit under the service level agreement (as referred to in section 6) for any period of suspension
  • unless we close your account under section 13, we will reinstate your account once we are satisfied that the circumstances causing the suspension have passed

Our right to suspend is in addition to our right to close your account.

Interruption Outside of our Control

Our API is reliant on Data feeds being provided to us by a number of other people. Our API may be interrupted by downtime suffered, or caused, by those other people.

Additionally, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. This includes any act, event, non-happening, omission or accident such as: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of public or private telecommunications networks (including the internet); the acts, decrees, legislation, regulations or restrictions of any government; and the effects of any denial or service attack, virus or other malicious action against our systems.

12. Inactive Accounts

If your account is inactive, it may be closed in accordance with our website terms. Please note the effects of account closure set out in section 13.

13. Closing Your Account

Closure by You

You can close your account with us at any time through your online account interface. Once you close your account, the agreement between us for the provision of services to that account, and use of our API, will end.

Closure by Us

We can close your account:

  • at any time by giving you 30 days' advance warning
  • immediately, if:
    • we can suspend, or have suspended your account, under section 11 as a result of circumstances caused by your actions or omissions
    • you become bankrupt or subject to any other proceeding relating to insolvency, liquidation, or assignment for the benefit of creditors
    • you cause us to incur liability to another person
    • you prejudice our agreements with the Data licensors
    • our relationship with a third party who provides software or other technology we use to provide our site or our services ends or requires us to substantially change our site or our services
    • we believe that continuing to providing our site or our services is likely to create a substantial economic or technical burden or material security risk for us
    • if we determine use of our site or our services by you has become impractical or unfeasible for any legal or regulatory reason
    • if you are in breach (be it material breach or any other breach) of these terms or the Data license terms, or (in accordance with section 14) if your account is inactive

Effect of Closing Your Account

You will not receive any refund if your account is closed by you, or if we close your account for reasons caused by your actions or omissions. If we close your account for reasons that are not caused by your actions or omissions, we will refund the amount you have paid to us: (i) for any unused services (if you are an on demand user) or (ii) in respect of the period after we close your account on a pro-rata basis (if you are a subscription user).

We will delete the data related to you after your account is closed, and this information will not be recoverable. It may take up to 90 days for this to be completed as it takes time to work through our systems. We will not be responsible to you for any data that is lost when your account closes. Please note that some code that you input into our systems may not be deleted, and that we may continue to use it in accordance with these terms.

Once your account is closed:

  • you will remain responsible for any unpaid fees or other amounts owed to us
  • you must stop using our API and related material
  • you will not have any future rights under these terms or the website terms
  • any of these terms that must continue in force to fulfil its purpose will do so and remain binding

14. Your Liability to Us, and Limits on Our Liability to You

Our total maximum aggregate liability to you for all matters arising out of or in connection to our site and our services and our API will be limited to the lower of: (i) the total amount of fees that you have paid to us in the six months prior to the occurrence of the event first giving rise to a claim, or (ii) 25,000 GBP.

We have no liability or responsibility for the Data on our site, or available through our services. Your rights of recourse in respect of the Data are against the licensor of the Data, not us.

The material displayed on our site or through our services (including through our API) is provided without any guarantees, conditions or warranties as to its accuracy. Our site, our services, our API, and the Data, are provided 'AS IS'.We do not promise that our site, our services, or our API, will be uninterrupted, error-free or completely secure. To the extent permitted by law:

  • we exclude, responsibility for results obtained from the use of our site, our services, or our API, and for conclusions drawn from such use
  • we exclude all conditions, warranties and other terms that might be implied by law
  • neither you or us will be liable to the other for any indirect or consequential loss or damage
  • we exclude all liability for your:
    • loss of income or revenue or business
    • loss of profits or contracts
    • loss of anticipated savings
    • loss or corruption of data
    • loss of goodwill or reputation
    • amounts you pay or owe to your customers or to your affiliates
    • wasted internal costs, or wasted management or office time

In each case, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that the above shall not prevent claims for damage to tangible property or for direct financial loss that is not excluded by any of the categories set out above.

This section 14 does not affect your or our liability for death or personal injury arising from our negligence, nor liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor for any other liability which cannot be excluded or limited under the applicable law.

We will not be liable if we are unable to provide our site, our services, or our API, for any reason that is outside of our reasonable control. Use of our services for any time critical or business critical purposes is at your own risk.

The only right of action or recourse that you shall have against us shall be under contract for breach of these terms. You will not be entitled to bring an action against us in tort, for breach of statutory duty, or under any other legal theory.

You must comply with all applicable laws and regulations of the country in which you are based. We will not be liable for any breach by you of any such laws, whether or not it is caused by our site, our services, or our API, or the Data.

You shall defend us against any claim against us alleging that your use of our site, our services, or our API, in breach of these terms or our website terms infringes the intellectual property rights or other rights of any other person or is in breach of the applicable law, and reimburse us for any costs incurred or damages awarded against us (or agreed in settlement) in respect of such a claim. If such a claim is brought against us we will notify you of it promptly (and where we can, within 30 days of first becoming aware of it) and you must give us reasonable co-operation in the defense and settlement of such claim.

15. General

Communications

The terms are in English, and any contract and other communication between you and us shall be in English. The law requires that some of the information or communications we send to you is in writing. You accept that communication with us will be mainly electronic, through our site or by e-mail, and that this constitutes written communication.

When contacting you we will use the telephone, e-mail or postal address you provide to us when registering, or any replacement to those details that you have entered into your account on our site.

Any official communication or notice from you to us should be sent to our postal and e-mail addresses shown in section 1.

Entire agreement

These terms and the material referred to in the terms (including the website terms and privacy policy): (i) set out the entire agreement between you and us regarding our site and our services; (ii) supersede all previous or contemporaneous representations, agreements or communications between you and us regarding our site or our services. We will not be bound by any obligation, condition or other provision that is different from or in addition to those set out in these terms unless authorized by one of our directors and specifically stated to be a variation to these terms. You agree that any purchase of our services is not contingent upon any future functionality or features.

Invalid Terms

If any part of these terms is found to be invalid or unenforceable, the remainder of the terms shall not be affected.

Third Parties

A person who is not party to these terms shall not have any rights under or in connection with them, under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Transfer of Rights and Obligations

The contract between you and us (as set out in these terms) is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of your contract with us, or any of your rights or obligations arising under it, without our prior written approval. We may transfer, assign, charge, sub-contract or otherwise dispose of our contract with you, or any of our rights or obligations arising under it, at any time.

Delays in Enforcement

If we fail to insist upon strict performance of any of your obligations, or if we fail to exercise any of our rights or remedies, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

Laws and Disputes

These terms, the formation of the contract between us, use of our site, use or our services, use of our API, and any dispute or claim arising out of any of them (including non-contractual disputes or claims), are governed by the laws of England. All disputes between us shall be decided only by the courts within the United Kingdom, except that we may enforce any judgment anywhere in the world where you may have assets or be located.