DTN Addendum – API
Last updated: April 1, 2020
- It is a condition of the Customer’s use of the API that the Customer:
- complies with the provisions set out in this API Addendum; and
- procures that any employee or agent authorised by the Customer to access the API in accordance with the Agreement does the same.
- This API Addendum is incorporated into the Agreement comprising the Order, the Terms of Service, this API Addendum and any other terms or documents expressly incorporated by reference in the Order. In the event of any conflict between the provisions set out in this Addendum and those in the Terms of Service, the provisions of this Addendum shall prevail.
- Subject always to the Customer’s strict compliance with this API Addendum, the Terms of Service and the Order, DTN hereby grants to the Customer a non-exclusive, non- transferable, revocable, licence for the Customer and its employees or agents (“Authorised Users”) to access the API during the Term for the purpose of accessing the Data for use in accordance with the terms of the Agreement.
- The Customer shall not:
- except as expressly permitted in writing by DTN, permit any third party to access or use the API or use the same on behalf of any third party (which includes operating any form of facility on behalf of any third party or operating a software bureau or similar service);
- violate the law, including any (intellectual property) rights of DTN or others;
- use the API in a way causing DTN to be in violation of any law;
- copy, translate, modify, adapt or create derivative works from the API;
- attempt to discover or gain access to the source code for the API, or reverse engineer, modify, decrypt, extract, disassemble or decompile the API (except strictly to the extent that it is permitted to do so under applicable law in circumstances under which it is not lawful to restrict or prevent the same), including in order to:
(i) build or enhance a competitive product or service;
(ii) build or enhance a product using similar ideas, features or functions of the API; or
(iii) copy any ideas, features or functions of the API;
- attempt to interfere with the proper working of the API and, in particular, must not attempt to circumvent security, licence control or other protection mechanisms, or tamper with, hack into or otherwise disrupt the API or any associated website, computer system, server, router or any other internet-connected device;
- employ any hardware, software, device or technique to pool connections or reduce the number of devices or users that directly access or use the API (sometimes referred to as ‘virtualisation’, ‘multiplexing’ or ‘pooling’) in order to circumvent any restrictions on scope of authorised use contained in this API Addendum;
- obscure, amend or remove any copyright notice, trade mark or other proprietary marking on, or visible during the operation or use of, the Data;
- negatively affect DTN’s business activities or reputation;
- perform any security test (e.g. pen-testing), performance tests (e.g. load-testing), stress tests or similar tests on the API or API-facilities, unless DTN’s prior written approval has been obtained.
and shall not permit any user or other third party to do any of the foregoing.
- The Customer shall only use the API to access the Data which is licensed to the Customer in the Agreement (whether in the specification of a standard data package or a bespoke description included in the Order Form).
- We may require you to present the text “powered by DTN” or another attribution provided by us near or adjacent to the place where the Data will be presented to the End User. For the purposes of this Addendum, “End User” means the end user of the Customer’s service where the Customer is permitted to include the Data in its own services made available to such end users).
- If the Agreement stipulates a maximum number of requests of the API to be made by the Customer (whether in the specification of a standard data package or a bespoke description included in the Order Form), the Customer agrees to abide by such limits, and shall not attempt to in any way circumvent these. In the event that the Customer would like to extend its use of the API beyond these limits, the Customer must obtain DTN’s prior written consent (and DTN may decline such request or condition acceptance usually on the basis that the Customer signs up to an extended package and pay any such additional charges relating to that package). The Customer should contact DTN as soon as is reasonably practicable in the event that it becomes aware that it has exceeded its limits or would like to extend such limits.
- The Customer’s use of the API will be monitored by DTN for the following purposes:
- to prevent fraud;
- to avoid congestion problems;
- to perform, evaluate and improve the API and related services;
- to check whether the Customer’s application satisfies the requirements as imposed by the Agreement;
- if we have reasonable suspicion of fraud, misuse or any other violation of the law regarding the Customer’s use of the API.
If the Customer operates its account outside the terms of the Agreement:
- DTN shall notify the Customer and request a return to compliance or that the Customer agrees to pay additional fees applicable to the increased usage;
- if DTN does not receive a response within 5 days of its notification concerning the Customer’s preferred course of action, DTN reserves the right to invoice the Customer for additional fees for the Customer’s increased usage at DTN’s applicable standard rates with effect from the commencement of the increased usage.
- DTN may suspend the Customer’s access to the API or disable any access log-in or password with immediate effect in the event that:
- the Customer commits any breach of this Addendum, the Terms of Service or the Order (including, but not limited to, non-payment of any charges including those invoiced under Section 7 above); or
- DTN reasonably believes that suspension of your access to the API is reasonably necessary to protect the API, DTN or our other customers from operational, security, or other risk.
DTN will use best endeavours to give the Customer reasonable notice before suspending access or disabling any log-on except if it is reasonably necessary to do so without notice for the purpose of protecting the stability of the API.
- The Customer shall ensure that any access log-in or passwords to the API are kept secure, and shall use the best available security practices and systems applicable to the use of the API to prevent, and take prompt and proper remedial action against, unauthorised access, copying, modification, storage, reproduction, display or distribution of the API. The Customer will never rent, sell, sublicense, encumber, publish on any public media or commercially distribute the API keys to any third parties.
- If the Customer becomes aware of any misuse of the API, or any security breach in connection with this Addendum that could compromise the security or integrity of the API or otherwise adversely affect DTN or if the Customer learns or suspects that the API has been accessed by any unauthorised person, the Customer shall promptly notify DTN and fully co- operate with DTN to remedy the issue as soon as reasonably practicable.
- In order to access the API Service, the Customer may be required to provide certain information (such as identification or contact details) as part of the registration process or continued use of the API Service. The Customer warrants that all such information shall always be accurate and up to date and shall without delay notify DTN of any updates.
- The Customer will not index, cache or store any Data retrieved from the API, unless this is technically necessary for the communication of the Data to an End User, and only if such storage:
- is secure in accordance with common industry standards;
- is in accordance with applicable laws;
- does not manipulate or modify any part of the Data; and
- is temporary, and where the Data must also be deleted as soon as possible if it is not necessary anymore for its original purpose (and in no event more than 1 calendar day).
- The Customer will never store the Data for commercial, non-technical purposes, including mass downloads of any Data, the creation of a database, big data or analytical purposes.
- The Customer will never disclose the Data to others than to the End user who requested the Data.
- If the Customer’s application is an enterprise application, the Customer must enter into customer agreements with its enterprise customers that describe how it will be accessing DTN’s Data on their behalf.
- DTN may request the Customer to provide DTN with additional information and/or images about your application for promotional, technical or security purposes. The Customer will comply with such requests.
- DTN are entitled to get access to and/or test the Customer’s application, if this is necessary because of technical, security or compliancy reasons.
- DTN may require the Customer to reasonably adapt the functionality of its application in order to safeguard the continuity of the API within a reasonable period of time.
- For the duration of the Agreement, you grant us a paid-up, royalty-free, non-exclusive, worldwide, irrevocable right and license, under all of your intellectual property rights, to use, perform, and display your application and its content for purposes of marketing, demonstrating, and answering inquiries.
- DTN does not guarantee that the API or the Data will be free from viruses and/or other code that may have contaminating or destructive elements. It is the Customer’s responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy its particular requirements as to the safety and reliability of the API and the Data.
- DTN may at any time in its sole discretion modify the API or any of the benefits and/or features provided in connection with the Customer’s use of the API at any time with or without notice to you. Modifications may affect the Customer’s services and may require the Customer to make changes to the Customer’s services at its own cost to continue to be compatible with or interface with the API. DTN will use best endeavours to give the Customer reasonable notice before making any modifications except if it is reasonably necessary to do so without notice for the purpose of protecting the stability of the API system.
- DTN is entitled to audit the Customer’s use of the API in its application in a proportionate way:
- in order to check whether the Customer’s application satisfies the requirements as imposed by this API Addendum;
- if DTN has reasonable suspicion of fraud, misuse or any other violation of the law regarding the Customer’s use of the API;