REPRESENTATIONS
You represent and warrant that you have the necessary power and authority to enter into this Agreement on behalf of yourself and/or the entity you represent. You further agree to perform the obligations hereunder.
API LICENSE
Subject to the terms and conditions of this Agreement, during the Term, NewsData.io grants you a limited, non-exclusive, non-transferable, non-sub-licensable, non-assignable license to access and use the selected proprietary application programming interface solely to implement, integrate and use the NewsData.io/Bytesview Services for personal or internal business purposes.
API KEY
NewsData.io/Bytesview makes the API available to you electronically, requiring a NewsData.io API Key for you to access the services. As a condition of receipt and use of this Key, it is acknowledged that the API key is to be kept private. It may not be shared or otherwise disclosed to third parties. You acknowledge that it is your responsibility to protect this API Key. You also acknowledge that you will not create multiple accounts to get multiple API Keys at any time and under whatever circumstances.
API RESTRICTIONS
Provision of the NewsData.io/Bytesview Service is conditioned upon Customer’s proper use of the NewsData.io API. Except as expressly authorized under this Agreement, Customer may not:
- Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer, create derivative works, decompile, modify, adapt or alter any part of the NewsData.io API;
- Use the NewsData.io API on behalf of any third party or otherwise make the API available over a network where it could be used by others;
- Create multiple accounts and/or use multiple API Keys;
- Use the Product to reproduce copyrighted material;
- Use the NewsData.io API to disable, interfere with, or override NewsData.io/Bytesview Services in a manner that bypasses this Agreement or the API Key registration process, including but not limited to: proxy servers, spiders, robots or other technology;
- Use the NewsData.io API in any manner that violates any laws directly or indirectly.
SERVICE MONITORING
To maintain the security, reliability, and performance of the NewsData.io/Bytesview Services, NewsData.io/Bytesview may monitor and analyze API usage associated with the Customer's account. This may include the API endpoints accessed, search queries, query parameters, filters used, request timestamps, response status, API credit consumption, and other technical usage information generated through the use of the Services.
This information may be used to:
- Help users create better, more accurate queries to get the results they need.
- Troubleshoot technical issues and provide customer support.
- Improve existing features, develop new functionality, and enhance the overall user experience.
- Generate aggregated usage statistics and ensure accurate billing and API credit accounting.
NewsData.io/Bytesview will process API usage information in accordance with its Privacy Policy and will not sell such information to third parties.
The Website and the Services
The Website offers you direct access to live and historical
structured data from the Source sites in a machine-readable
format. Subject to your timely payment of the consideration due to
NewsData.io, NewsData.io will provide you with Crawler Services
and with a limited, non-transferable, non-sub-licensable,
non-exclusive license, solely for the Term (as defined below). You
may use the Data Derivatives for your internal and external
business purposes. (collectively- the “Purpose“).
In performing the Crawler Services, collecting the Data
Derivatives, and providing the Data Derivatives to you,
NewsData.io shall apply commercially reasonable efforts to comply
with any applicable laws, rules, regulations, and any applicable
directives, policies, rules, or orders issued by any governmental
agency or regulatory body, including, without limitation, those
pertaining to privacy (“Laws”). Without limiting the foregoing,
where reasonably practical, NewsData.io shall take commercially
reasonable steps to ensure that it does not perform its Crawler
Services or collect Data Derivatives from any website that has
implemented any technological restriction on crawling or otherwise
obtaining data from such site, including, without limitation, by
password protection, the robots.txt protocol, noindex metatag or
nofollow tag, or that has otherwise expressed in writing to
NewsData.io/Bytesview that NewsData.io/Bytesview may not crawl or
otherwise obtain data from such site (each a “Restricted
Website”).
Unstructured Raw Data and Links
The Data Derivatives provided to you through the RESTful API will
include the Unstructured Raw Data. The Unstructured Raw Data is
owned by third parties and is not under the control of
NewsData.io/Bytesview, nor is it responsible for any content
contained therein. Since the Unstructured Raw Data is generated
automatically by the NewsData.io/Bytesview System and uploaded
automatically to your feed server, NewsData.io does not review the
Unstructured Raw Data at any stage and makes no warranties or
representations with respect to the Unstructured Raw Data,
including with respect to its legality, non-infringement,
offensiveness, ownership and content or the right to use the
Unstructured Raw Data. The Unstructured Raw Data is provided to
you solely as a convenience to you, and you are not granted with
any rights nor license to use them for any purpose.
NewsData.io/Bytesview is not responsible for the availability of
such Unstructured Raw Data, and does not endorse and is not
responsible or liable for any content available therein. Your
access to, use of and reliance upon any such Unstructured Raw Data
and your dealings with such Unstructured Raw Data are at your sole
risk and expense. NewsData.io reserves the right to remove any
data from the Unstructured Raw Data at any time. You further
acknowledge and agree that NewsData.io shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or
alleged to be caused, by or in connection with use of or reliance
on any services, content, products or other materials available on
or through the Unstructured Raw Data.
Links. The Website and/or Data Derivatives contains links to third
party websites, whether posted by NewsData.io/Bytesview, returned
as results of the search Services or posted as third-party
advertisements. NewsData.io has no control over and makes no
representations with respect to the content or any other aspect of
such third party websites and will have no responsibility or
liability with respect therewith.
NewsData.io API service may try but doesn't guarantee to provide
news through its API as soon as it is published on a News source.
Although we try our best to provide news as soon as possible but
sometimes it may take more time (up to a week) to fetch the news
from a particular news domain.
DATA LICENSE
As part of the NewsData.io/Bytesview Service, NewsData.io collects and generates certain content by aggregating information regarding publicly available web pages utilizing NewsData.io/Byteview’s proprietary technology. As part of the API Service, certain Data is made publicly available to end-users. Data does not contain any personally identifiable information regarding any end users. The data available through the NewsData.io API may contain third-party content such as text, images, and videos. This content (any text or media) remains the sole property of those who make it available. NewsData.io doesn't own any right, title or interest in and to all compiled Data and cataloguing of Data as presented. NewsData.io is a data aggregator and doesn't have the right to authorise any user to use the data for their personal and professional purposes. However, the users can use the data for their personal or professional purposes, keeping in mind not to break any copyright law or any other law of their country. The customers can sublicense, sell, syndicate or otherwise share the Data with any third party on their own risk.
ATTRIBUTION
Unless otherwise authorised, you shall agree to display an attribution to NewsData.io API alongside any implementation or display of the NewsData.io API Data to indicate that NewsData.io/Bytesview API technology is being used. The attribution should preferably be a hyperlink to https://www.newsdata.io with the text "Powered by NewsData.io API".
TRADEMARK LICENSING
NewsData.io/Bytesview hereby grants a nontransferable, nonexclusive license to use NewsData.io’s trademarks during the Term to display the NewsData.io icon and to advertise the use of NewsData.io’s API on your site or service. Licensee hereby grants to NewsData.io a nontransferable, nonexclusive license under Licensee’s trademarks during the Term to advertise that Licensee is using NewsData.io/Bytesview’s Services. Each party will submit advertising materials containing the other party’s trademarks to the other party before release to the public for inspection, and such other party will have the right to modify any such advertisements. Except as set forth in this Section, nothing in this Agreement shall be considered a grant or shall be deemed to grant to one party any right, title or interest in or to the other party’s trademarks. All use of Licensee’s trademarks by NewsData.io/Bytesview shall inure to the benefit of Licensee, and all uses of NewsData.io/Bytesview trademarks by Licensee shall inure to the benefit of NewsData.io/Bytesview.
TERM
Unless parties have specifically agreed otherwise in a negotiated or customized Purchase Order, this Agreement shall have an initial term of one year from the date of the Purchase Order (“Initial Term”). Thereafter, this Agreement will be extended automatically on an annual basis unless either party gives 30 days' prior written notice of its intent not to renew. This Agreement may be terminated: (i) by Customer upon at least 30 days' prior written notice to NewsData.io/Bytesview, provided that Customer shall be responsible for and shall pay to NewsData.io/Bytesview any fees due; or (ii) by either party if it materially breaches this Agreement. Upon termination or expiration of this Agreement, all rights and obligations of the parties under this Agreement shall immediately cease, provided that certain rights and obligations, including but not limited to the right to payment, shall survive.
PAYMENT
Unless otherwise set forth in a separate Purchase Order, terms of payment shall be due according to published subscription rates.
REFUND AND CANCELLATION POLICY
You may cancel your monthly subscription at any time, and you will not be charged for the following month(s). However, NewsData.io/Bytesview will not issue a refund for the current month.
CUSTOMER DATA
Any personal information collected from the Customer will be securely held and processed in accordance with local law and will never be shared with or sold to third parties.
MODIFICATIONS
We may modify or amend these terms of use at any time without notice. It is your duty to read this page regularly (https://www.newsdata.io/terms). If, for any reason, you are unable to comply with any modification or change, you must stop using the NewsData.io/Bytesview Services, or, if applicable, cancel your subscription. You will be deemed to have accepted the terms of use as amended if you continue to use any of NewsData.io/Bytesview Services after any amendments are posted on the Site.
TERMINATION
NewsData.io may immediately suspend access to the NewsData.io/Bytesview API and/or terminate this Agreement at any time, with or without cause. If you wish to terminate this Agreement, you may do so by discontinuing use of the services. NewsData.io/Bytesview will not be liable for any costs, expenses, or damages as a result of either party choosing to terminate this Agreement. Upon termination of this Agreement, you will promptly cease using the Services and Content.
COPYRIGHT POLICIES
You acknowledge that all title, intellectual property, and licensing rights to the content or data available through NewsData.io/Bytesview Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. In all output, products or services provided to you, NewsData.io/Bytesview expressly reserves any and all rights not specifically granted to you herein. Further, you understand that NewsData.io/Bytesview may retain a copy of the metadata generated by the NewsData.io/Bytesview Services. By generating metadata through NewsData.io/Bytesview Services, you grant NewsData.io/Bytesview a non-exclusive perpetual, sub-licensable, royalty-free license to that metadata.
COPYRIGHT INFRINGEMENT
If you believe that your own copyrighted work is accessible on the Service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains the following written information: A description identifying in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so it may be accurately located using the URL. Where multiple works are at issue, please provide a list of URLs or sufficient information to locate the alleged infringing material. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:
- A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
- A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Also include your name, mailing address, telephone number and email address.
For additional questions or to forward your Notice of claims of infringement to NewsData.io/Bytesview’s Copyright Agent, please go here.
DISCLAIMER
The NewsData.io/Bytesview API, all related Services and Data are provided "AS IS" on an "AS AVAILABLE" basis without warranty or condition of any kind. NewsData.io/Bytesview disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranties or conditions arising out of course of dealing or usage of trade. NewsData.io/Bytesview is not responsible or liable (and makes no representation or warranty) for the accuracy, content, completeness, legality, reliability, or availability of the API.
INDEMNIFICATION
You will defend, indemnify and hold NewsData.io/Bytesview harmless against any third party claims, liabilities or expenses incurred (including reasonable attorneys’ fees), as well as amounts finally awarded in a settlement or by a court arising from any claim or allegation by a third party arising out of (i) allegations that NewsData.io/Bytesview’s use infringes or misappropriates any trademark, copyright or other intellectual property of any third party, (ii) Customer’s use of Data, (iii) NewsData.io/Bytesview Services or the NewsData.io API that are modified by Customer if the alleged infringement relates to such modification; (iv) NewsData.io/Bytesview Services or the NewsData.io API that are combined with any Customer product, process or materials where the alleged infringement relates to such combination; (v) Customer’s use of a version of the NewsData.io/Bytesview Services or NewsData.io API other than the version that was current at the time of such use; (vi) infringement or misappropriation of any proprietary right in which Customer has an interest; or (vii) your breach or alleged breach of any of your obligations or representations under this Agreement.
LIMITATION OF LIABILITY
IN NO EVENT WILL NEWSDATA.IO/BYTEVIEW BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER (INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, OR USE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE CONTENT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GENERAL
This Agreement will be governed by and construed in accordance with the laws of India, excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in India, and you hereby irrevocably consent to the personal jurisdiction and venue therein. If any action is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled. You may not assign this Agreement by operation of law or otherwise, without NewsData.io/Bytesview‘s express prior written consent. Any attempt to assign this Agreement without consent will be null and void. The parties to this Agreement are independent contractors, and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. This Agreement constitutes the complete and exclusive understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral, with respect to the subject matter hereof.
