Chartbeat API Terms of Use

Last updated: April 15, 2024

The terms below ("API Terms") and the Chartbeat Terms of Use ("Terms"), available at https://chartbeat.com/terms/ govern Customer's use of the application programming interface and technologies, gateways, functions, software, tools, processes, methods, techniques, know-how, ideas, concepts, designs, documentation, data, materials and information embodied therein or otherwise provided by or on behalf of Chartbeat hereunder (the "Chartbeat API" or, to the extent provided by Tubular, the "Tubular API", collectively, referred to as the "API"). Any terms used but not defined in these API Terms have the definitions given to them in the Terms.

By using the API, Customer agrees to the terms below and the Terms. If Customer disagrees with any of these terms, Chartbeat does not grant Customer a license to use the API. Chartbeat may modify or discontinue the API or a portion or attribute thereof, or update and change these terms, from time to time without notice. Each time Customer uses the API, the current version of these API Terms will apply. Accordingly, upon each use, Customer shall check the date of the API Terms (which appears above) and review any changes since the last version.

  1. License

    The Chartbeat API is licensed, not sold. Chartbeat grants User a nonexclusive license (without right to sublicense) to use the API for internal use only; provided, however, Customer's license to use any software owned by third parties and incorporated into or bundled with the API ("Other Software") shall be exclusively governed by the applicable license agreement accompanying the Other Software.

  2. Restrictions

    Except and only to the extent expressly permitted in the Terms, Customer shall not directly or indirectly (i) use the API to create any software, product or system that is similar to the API or that could be used to replicate or reproduce Chartbeat or Tubular's products or services , (ii) use the API in any service bureau arrangement or otherwise for the benefit of any third party, (iii) use the API in conjunction with any application that constitutes, promotes or is used in connection with spyware, adware or other malicious programs or codes, use the API in any manner that adversely impacts the stability of Chartbeat's servers or adversely impacts the behavior of other applications using the API, (v) use the API in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in counterfeit goods, items subject to US embargo, hate materials, or the unlicensed sale of regulated products, or (vi) present the API so that Chartbeat's data appears to be available from a third party website.

  3. Obligations

    1. Third Party Content

      The API may provide access to content owned by third-parties, including other users of the Services, and not by Chartbeat ("Third Party Content"). Customer agrees to comply with any and all requirements or restrictions imposed with respect to usage of such Third Party Content by its respective owners. Customer is solely responsible for making use of Third Party Content in compliance with the owners' requirements or restrictions. If the owner of any Third Party Content requests the removal of such Third Party Content from a Customer website or application that makes use of the API ("Customer Website"), Customer agrees to comply with such request within 24 hours following receipt of such request.

    2. Customer Privacy Policy

      Customer will publicly post, on each Customer Website, a privacy policy or similar document describing how Customer collects, uses, stores and discloses data collected from visitors, including, where applicable, required disclosures that third parties (including advertisers) may serve content and/or advertisements to users of the Customer Website, collect information directly from users of the Customer Website, and place or recognize cookies on such users' browsers.

    3. Ownership; No Implied License

      The API and any Chartbeat and/or Tubular logos ("Logos") are protected by copyright, trademark, service mark, and/or other intellectual property rights laws of the US and other countries. Chartbeat's rights apply to the API and all output and executables of the API, excluding any software components developed by Customer which do not themselves incorporate the API. Except for the limited license expressly granted herein, no other license is granted, no other use is permitted and Chartbeat (and its licensors) shall retain all right, title and interest in and to the API and Logos.

  4. Chartbeat API Terms

    Unless otherwise specified in a Work Order or in an amendment to the Terms or these API Terms, the Chartbeat API is available free to Chartbeat users; however, for certain types of commercial applications or for a certain rate of usage of the Chartbeat API, Chartbeat reserves the right to charge additional fees. In order to use the Chartbeat API, Customer must obtain an API key from Chartbeat. The API key must be part of each and every call Customer makes to the Chartbeat API service, regardless of the HTTP method used by Customer. An application is considered a commercial application if: (i) the primary purpose of Customer's application is to derive revenue, (ii) Customer charges its users a fee for products or services including integration using the Chartbeat API, (iii) Customer sells services to Chartbeat users and uses the Chartbeat API to bring Chartbeat users' content into Customer's service, or (iv) Customer's site is a "destination" site that uses Chartbeat videos to drive traffic and generate ad revenue. Chartbeat may monitor the Customer Website over time to ensure continued compliance with the appropriate type of API key.

    All calls to the Chartbeat API must reference the applicable API key issued to Customer. Each Customer user agrees to keep the API key confidential, and not to share it with any third party or other Customer users. This license is personal to each user, and any other Customer users must seek and obtain their own license and API key.

  5. Tubular's API Terms

    Chartbeat reserves the right to throttle Customer's use of the Tubular API if in Chartbeat's reasonable judgment throttling is necessary to preserve the quality of the Services. Tubular charges a fee for API access, and pricing is based on expected usage. Tubular limits how many queries can be done per minute. These limits are needed to avoid sporadic spikes of load. Customer can choose if they want their quota to be applied on a monthly or quarterly basis.

    These rate limits are equal to all customers and cannot be changed.

    Type Rate (requests per minute) Endpoints
    All queries 60 r/m all endpoints
    Aggregation 6 r/m 
    • *.summary
    • *.insights
    • *.trends_summary
    • *.facet
    Audience Overlap 1 r/m 
    *.audience_overlap

    Customer acknowledges that the Services (including the Tubular API) contain trade secrets of Chartbeat and its licensors, and, in order to protect such trade secrets and other interests that Tubular Labs and its licensors may have in the Tubular API, Customer agrees that its rights granted in the Tubular API are subject to the following restrictions:

    1. Malware

      Customer shall not transmit any viruses, malware or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any Chartbeat system or data.

    2. Functionality

      Customer shall not use the Tubular API to replicate or compete with core products or services offered by Chartbeat and acknowledges and agrees that Chartbeat has or may in the future offer products or services that are similar to Customer's, and nothing will prevent Chartbeat from doing so.

    3. Commercial Use

      Customer may not charge any third parties for data pulled from the Tubular API, or sell, rent, lease, sublicense, redistribute, or syndicate access to the Macro API.

    4. Rate Limits

      Customer shall not attempt to exceed or circumvent limitations on access, calls and use of API, or otherwise use the Tubular API in a manner that exceeds reasonable request volume (1,000 requests/day), constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of these API Terms, the Terms, or any related API documentation.

    5. Distribution

      Customer may not copy the Tubular API, or distribute or allow access to the Tubular API to any third party. Each Customer user who accesses the Tubular API agrees to be bound by the Terms, including these API Terms.

    6. Caching

      To the extent that any data derived from the Tubular API is cached, Customer and Customer's users agree to refresh the cache at least every 24 hours.

    7. Data Protection

      Customer must promptly report any security deficiencies in, or intrusions to, Customer's use of the Chartbeat Services, including the Tubular API in writing. This includes any unauthorized access, use, disclosure or destruction of data derived from the Tubular API. Customer agrees to work with Chartbeat to immediately (i) correct any security deficiency and (ii) disconnect any intrusions or intruder. In the event of any security deficiency or intrusion involving the Services, Tubular API or any data derived from the Tubular API, Customer and Customer's users will make no public statements regarding such deficiencies or intrusions (e.g., press, blogs, social media, bulletin boards, etc.) without prior written and express permission from Chartbeat in each instance.

  6. Miscellaneous

    1. Disclaimers

      EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE API, OTHER SOFTWARE, THIRD PARTY CONTENT AND LOGOS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CHARTBEAT (AND ITS LICENSORS AND SUPPLIERS) DO NOT WARRANT THAT THE API OR OTHER SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS OR BE ERROR-FREE, ANY OPERATIONS OR TRANSMISSIONS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, ANY THIRD PARTY CONTENT WILL BE TRUTHFUL, ACCURATE, RELIABLE OR COMPLETE OR THAT ANY RESULTS CAN BE ACHIEVED. TO THE FULLEST EXTENT PERMITTED BY LAW, CHARTBEAT HEREBY DISCLAIMS (FOR ITSELF AND ITS LICENSORS) ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE API, OTHER SOFTWARE, THIRD PARTY CONTENT AND LOGOS, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, QUIET ENJOYMENT, ACCURACY, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE

    2. Indemnification

      Customer agrees to (i) defend the Chartbeat Parties against any third party claim arising from or in any way related to its use of the API, Chartbeat data, or Chartbeat Logos, including but not limited to any claim that the Customer Website, the content of the Customer Website, or any products developed under the Terms by Customer, infringe upon or violate any third party's intellectual property rights, and (ii) indemnify the Chartbeat Parties for settlement amounts, liabilities, costs and expenses awarded and arising out of such claim. Chartbeat shall attempt to provide notice of a claim to the contact information provided by Customer in the Work Order (provided that failure to deliver such notice shall not eliminate or reduce Customer's indemnification obligations hereunder). Chartbeat reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer.

    3. Limited Liability

      EXCEPT TO THE EXTENT THAT ANY LIMITATION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE CHARTBEAT PARTNERS (OR ITS LICENSORS, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES OR DATA PROVIDERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THE TERMS, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (I) MATTER BEYOND ITS REASONABLE CONTROL, (II) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (III) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL OR (IV) DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE FEES PAID BY CUSTOMER TO CHARTBEAT FOR ACCESS TO THE API IN THE PREVIOUS TWELVE (12) MONTH PERIOD, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THE TERMS AND THIS ADDENDUM AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY.

    4. General

      The Terms, available at available at https://chartbeat.com/terms/, and all documents incorporated therein constitute the entire agreement, and supersede all prior negotiations and agreements (oral or written), between the parties concerning the subject matter hereof. In the event of any inconsistency or conflict between the Terms and these API Terms, these API Terms shall take precedence with respect to Customer's use of the API.