Documentation-TOS

TargetAPI Terms of Service

These Terms of Service set forth the terms and conditions on which DailyPerfect, d/b/a TargetAPI makes the Targeting API (as defined below) available for your use. Your use of the Targeting API is subject to these Terms of Service, which constitutes a legal agreement between you and DailyPerfect OÜ, registry code 11452550, address Akadeemia tee 15B, Tallinn 12618 Estonia.

1. The Targeting API. The Targeting API is a service that allows you to receive profiling information and/or content personalization services regarding certain data on a person (the “Data Subject”) submitted by you (the “Licensee’s Data”) to TargetAPI. The Targeting API consists of an application program interface (API) for sharing the Licensee’s Data with TargetAPI in order to receive profiling information and/or content personalization services regarding such data.

TargetAPI may release subsequent versions of the Targeting API and require you to obtain and use the most recent version. New versions may not be compatible with previous implementations.

2. License. Subject to your compliance with these Terms of Service, TargetAPI grants to you a limited, royalty-free, non-exclusive, non-assignable, non-sublicensable, non-transferable right to use the Targeting API for receiving profiling information and/or content personalization services from TargetAPI regarding the Licensee’s Data provided that you do not charge any fees from the Data Subject in connection with displaying the Licensee’s Data to him or her (the “Permitted Use”).

The license is subject to the following restrictions:

All calls to the Targeting API must reference the APIKEY issued to you.
You agree to keep the APIKEY confidential, and not to share it with any third party. This license is personal to you, and any affiliates or third parties must seek and obtain their own license and APIKEY.
You may not transfer without TargetAPI’s prior written consent to any third parties the profiling information created regarding the Data Subject through the use of API regardless of whether such profiling information has been created by TargetAPI or by yourself through the use of API;
You may not use the Targeting API in a manner that exceeds reasonable request volumes or constitutes excessive or abusive usage.
You are limited to 5,000 calls to the Targeting API per day. TargetAPI may approve higher daily call limits if you adhere to these API Terms of Service.
You may not use the Targeting API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms of Service or the Privacy Policy.

3. Branding Requirements. When displaying the Licensee’s Data to the respective Data Subject on your site, you agree to display the Powered by TargetAPI.com logo. You agree not to make any changes to the shape and size of the Powered by TargetAPI.com logo. When a reader clicks on the Powered by TargetAPI.com icon logo you agree to hyperlink that logo directly to TargetAPI home page at http://www.targetAPI.com.

4. Copyright. The Targeting API is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You are licensed to use the Targeting API only in accordance with these Terms of Service and all applicable laws. Any unauthorized use of the Targeting API will terminate the license granted by us to you under these Terms of Service. If you are uncertain whether your intended use of the Targeting API is permissible, please contact us at [ This e-mail address is being protected from spambots. You need JavaScript enabled to view it ]. The following activities are strictly prohibited:

Copying, modifying, distributing, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of software used by the Targeting API;
Engaging in any activity that interferes with or disrupts the Targeting API (or the servers and networks which are connected to the Targeting API).

5. Your Representations. By accepting these Terms of Service you represent and warrant to us the following:

You represent that you have full power, capacity and authority to accept these Terms of Service. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms of Service. If you don't have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms of Service.

You represent that you have a Privacy Policy that allows you to transfer to us and allows us to process the data on the Data Subject in accordance with the principles of these Terms of Service; that the Data Subject has accepted such Privacy Policy in a manner so that the Privacy Policy forms an agreement between you and the Data Subject; you can, if needed, prove such acceptance to us, and the Data Subject by agreeing with the Privacy Policy has given his or her consent for such transferring and processing of data. Your Privacy Policy must contain regulation on the following matters, however, in case law applicable to your relation with the Data Subject foresees additional requirements, you are responsible that your Privacy Policy complies also with such additional requirements:

- information to the Data Subject on what type of personal information (the “Personal Information”) is collected regarding him or her while he or she uses the service that you provide to him or her through the use of or in connection with the Targeting API;

- his or her consent to the processing of the Personal Information (including the collection, retention and transfer of the Personal Information to us) in order to enable us to provide you our services;

- information on the purpose of the processing of the Personal Information;

- information on with whom the Personal Information is shared by you;

- information on storage of the Personal Information and on the transfer of the Personal Information to other countries.

6. Indemnity. You agree to hold harmless and indemnify TargetAPI, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your use of the Targeting API in violation of these Terms of Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

7. Limitation of Liability. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE TARGETING API IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND THAT WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TARGETAPI AND ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (THE “TARGETAPI PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE TARGETING API FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE TARGETAPI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE TARGETAPI PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

8. Modifications of Terms. We may, in our sole discretion, modify or revise these Terms of Service at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Targeting API after any modifications or revision constitutes your acceptance of the revised Terms of Service.

9. Miscellaneous. These Terms of Service contain the final and entire agreement between us regarding your use of the Targeting API and supersede all previous and contemporaneous oral or written agreements regarding your use of the Targeting API. We may discontinue or change the Targeting API, or your access to the Targeting API, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third-party is a beneficiary of this Agreement. If any provision contained in these Terms of Service is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service shall be interpreted in accordance with the laws of the State of New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

(Last updated: January, 2010)