API Terms

These API Terms govern access to and use of the Acoustic Index Read API (the “API”) and the material data it returns (the “Data”), operated by AcousticIndex GbR, Strelitzer Straße 19, 10115 Berlin (the “Operator”).

By creating an API key or sending an authenticated request, you (the “Partner”) accept these terms. Where access is granted under an individually negotiated partner arrangement, those terms prevail over conflicting provisions of these API Terms; for matters not addressed there, these API Terms apply.

For these terms:

1. (a)“Data” means all material, measurement, manufacturer and metadata returned by the API.
2. (b)“Key” means an API key issued to the Partner.
3. (c)“End User” means a user of the Partner’s product or service.

The Operator grants the Partner a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access the API and to use and display the Data solely within the Partner’s own product or service. All rights not expressly granted remain with the Operator.

The Partner shall not:

1. (a)resell, redistribute, sublicense, or make the Data available, in whole or in substantial part, as a standalone dataset, directory or database;
2. (b)use the Data to build, populate or train a dataset or service competing with Acoustic Index;
3. (c)store or reproduce the Data beyond what § 5 permits;
4. (d)circumvent the API or its rate limits, or retrieve Data in an automated manner amounting to extraction of a substantial part of the dataset (see § 7);
5. (e)remove, obscure or diminish the attribution required by § 6.

Any subcontractor or service the Partner engages must be bound to §§ 4 to 7, and the Partner remains responsible for it as for its own conduct. Access to the Data by any party other than End Users is not permitted.

Caching for performance is permitted. The Partner must revalidate each cached record at least every 24 hours and must not display any record whose last successful revalidation is more than 7 days old. Data flagged by the Operator as changed, unpublished or deleted must be removed from all caches and displays within 24 hours of that flag.

Wherever the Data is displayed to End Users, the Partner shall show a clearly visible “powered by Acoustic Index” notice linking to acousticindex.com. This notice may not be removed, obscured or reduced in prominence. The attribution is material consideration for the access granted under these terms.

The Operator grants the Partner a limited, revocable, non-transferable licence to use the “Acoustic Index” name and logo solely for this attribution notice and in unaltered form. No endorsement, sponsorship or partnership is implied.

The Data and the underlying database are owned by the Operator. The Partner acknowledges that the Operator is the maker of the database within the meaning of §§ 87a et seq. UrhG (EU Database Directive 96/9/EC).

Extraction or re-utilisation of substantial parts of the database beyond the licence in § 3 is prohibited, as is the repeated and systematic extraction of insubstantial parts that amounts to the extraction of a substantial part.

API keys are confidential and non-transferable. The Operator provides an agreed request budget per key, sized for the Partner’s intended use, and may adjust it for abusive or out-of-scope use.

The Data and the API are provided “as is”. The Operator does not warrant accuracy, completeness, timeliness or uninterrupted availability. The Partner is responsible for the suitability of the Data for its purposes and for its presentation to End Users.

The Operator is liable only for intent and gross negligence, and for damage arising from injury to life, body or health. For slight negligence the Operator is liable only for the breach of material contractual obligations (cardinal duties), limited to the foreseeable damage typical for this type of contract.

Liability under the German Product Liability Act (Produkthaftungsgesetz) and under any guarantees expressly assumed remains unaffected. The above limitations apply equally to the Operator’s legal representatives and vicarious agents (Erfüllungsgehilfen).

These terms apply for an indefinite term and may be terminated by either party on 30 days’ notice; the right to terminate for cause remains unaffected.

On termination the licence ends and the Partner shall, within 30 days, delete all stored and cached Data and any derivatives that embody a substantial part of it (such as indexes, embeddings or training artefacts). Backups are locked against further use and deleted in the ordinary course; statutory retention obligations remain unaffected. The Partner confirms the deletion in writing on request.

The Operator may suspend access on reasonable suspicion of a breach of §§ 4 to 7 and may request evidence of compliance.

The Operator may develop the API and the structure of the Data further. Material changes to these terms affecting the Partner’s integration will be announced in text form at least 30 days in advance.

If the Partner does not object within that period, the changes are deemed accepted; the announcement will point out this consequence. If the Partner objects, either party may terminate on the notice period in § 11.

German law applies. Place of jurisdiction is, to the extent legally permissible, Berlin. Amendments require text form. Should any provision be or become invalid, the remainder of these terms remains effective.

Sections 4, 6, 7, 9, 10, 11 and 14 survive the termination of these terms.