API product specific terms

Last updated 29 October 2024.

BY ENTERING INTO AN ORDER OR OTHER AGREEMENT WHICH INCORPORATES OR REFERENCES THIS AGREEMENT, BY CLICKING TO ACCEPT THIS AGREEMENT OR ACCESSING OR USING ANY GWI SERVICES, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS LEGALLY BINDING. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT USE ANY SERVICES.

1. SCOPE AND INTERPRETATION

   1. These GWI API Product Specific Terms (“API T&Cs”) supplement the Main T&Cs under which GWI provides its API Services. Defined terms shall have the meaning set out below, in these GWI API Product Specific Terms. Any terms used but not defined below shall have the meaning as set out in the Main T&Cs.

      API Call Commitment: means the maximum number of API calls included within the Fixed Fee charge as set out in the Order; 

      API Services: shall mean (a) access and use of the GWI API; (b) Trial Services; and/or (c) such other services as GWI may deem appropriate to grant from time to time, in whole or part as set out in your Order;

      Documentation: GWI’s technical content describing and instructing on your use of the GWI API provided at: https://api.globalwebindex.com/docs   

      Fixed Fee: means the non-refundable fee you shall pay to access and use the GWI API up to the API Call Commitment; 

      GWI API: any GWI application programming interface, which provides access to Syndicated Data as set out in the Order or otherwise made available to you;

      Initial Subscription Period: means the initial subscription period set out in your Order; 

      Location: the location as indicated on the relevant Order; 

      Scope: the GWI API permitted use and commercial scope as set out in your Order; 

      Subscription Period: means the relevant period set out in clause 1 of these GWI API Product Specific Terms; and

      Syndicated Data: any aggregated information, data, statistics, report, images, text or content made available to you through any GWI API during the Subscription Period.

2. SUBSCRIPTION PERIOD

   1. Except where you are accessing Trial Services or where stated otherwise in your Order, the Subscription Period for API Services shall commence on the date set out in your Order and will continue for the Initial Subscription Period, and, thereafter, shall automatically renew for subsequent periods of equal duration (each a “Renewal Period”), unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the applicable Initial Subscription Period or Renewal Period.

3. ACCOUNT REGISTRATION

   1. Once you have registered you will be given an organisation alphanumeric ID token to authenticate your account (“OAuthToken”). The OAuthToken enables your GWI API access. The OAuthToken can only be used by you, and in accordance with the Scope set out in your Order. You will ensure there is no unauthorised access to the GWI API and that the OAuthToken is kept confidential and secure. You are not permitted to use or assist a third party to use the OAuthToken outside the Scope agreed. You will (i) ensure third parties do not access the GWI API using your credentials; and (ii) prevent other GWI API clients from using your credentials. You may request our permission to share your OAuthToken with a third party vendor providing technical GWI API support to you, provided always, You remain responsible for compliance with this Agreement, and any use of the GWI API by any such third party is for the sole benefit of you.  
4. YOUR USE OF GWI API
    
   1. Except as set out in your Order, you may combine our dataset with other datasets, provided that the origin of the GWI data can be distinguished by including reasonable attribution in accordance with clause 7.3 of the Main T&Cs.
      
      
   2. Your use of the GWI API must comply with the Documentation and any reasonable instruction provided by us to support your use of the GWI API. You will act reasonably and in accordance with any fair usage instructions provided by GWI to ensure the stability of the GWI API. Your use of the GWI API will be in accordance with the Scope at all times, and any use beyond the Scope shall not be permitted unless otherwise agreed by GWI in writing.
      
      
   3. GWI may, without liability to you, suspend or terminate your use of the GWI API with immediate effect if GWI believes you have violated these Terms including but not limited to ensuring the security or integrity of the GWI API.  GWI may also, without liability to you, discontinue the availability of some or all of the GWI API to: (i) protect the security or integrity of the GWI API; (ii) for legal compliance reasons; (iii) to the extent necessary to mitigate damage in relation to third party litigation; or (iv) to improve the stability and provision of the GWI API. GWI will provide you with at least 60 days notice of any discontinuation of any API or end point. If so instructed by GWI, you may not continue to use the previous version of the Documentation or the GWI API.
5. PERMITTED ACCESS
   
   
   1. You will only access or attempt to access a GWI API by the means described in the Documentation. You will not misrepresent or mask your identity when using the GWI API.
6. FAIR USAGE 
   
   
   1. In order to maintain optimal performance of our GWI API for all customers GWI requests all developers consider and optimise their calls and flows. If GWI sees an excessive load on the GWI API, GWI will reach out and guide and help you on how to optimise your implementation. GWI reserves the right to suspend your account to ensure the stability of the GWI API where you fail to respond or engage.
      
      
   2. You shall not exceed the maximum call limit of 100 calls per second.
7. FEES
   
   
   1. You shall pay the Fixed Fee as set out in the Order. The Fixed Fee may be applied towards consumption of API Services during the Subscription Period. Any unconsumed API calls pursuant to the API Call Commitment shall expire and become void automatically at the end of the Subscription Period and GWI shall have no obligation to refund, credit or compensate you for the expired amount. If you exceed the API Call Commitment during the Subscription Period, any API calls in excess of the API Call Commitment will be charged as an overage fee at the rate set out in the Order.
8. SECURITY 
   
   
   1. You will use all reasonable endeavours to protect data collected by the GWI API and your credentials from unauthorised access or use including but not limited to use in excess of the Scope and will promptly report any unauthorised use of the GWI API.
9. SERVICE RESTRICTIONS
   
   
   1. You are not permitted to: (i) create permanent copies of data, or keep cached copies for no longer than thirty (30) days and only to the extent necessary for enabling or improving an end users use of the GWI API; or (ii) interfere with or disrupt the GWI APIs or the servers or networks providing the GWI APIs including spamming, hacking and violating any applicable fair usage requirements. 
10. PERSONAL DATA
    
    
    1. In this clause 10, the following terms shall have the meanings given to them in the Data Protection Legislation: controller, data subject, personal data and process and processed shall be construed accordingly.
       
       
    2. Syndicated Data does not contain any personal data and GWI does not process any personal data as a processor for you.  You acknowledge and agree that in the course of providing the API Services, GWI may process limited personal data as a controller such as business administration data (including login details and work email addresses) in order to: (i) monitor GWI API usage to ensure stability and improvements of the GWI API, (ii) as otherwise reasonably required to provide the GWI API; and (iii) to ensure compliance with this Agreement in accordance with our privacy policy. For the purposes of CCPA, GWI shall not use, sell, rent, transfer, distribute, or otherwise disclose or make available for sale the personal information for our own purposes or for the benefit of any third party.
       
       
11. SURVIVAL
    
    
    1. Obligations by their nature intended to survive termination of this Agreement shall survive including clauses: 3, 4.3, and 9.