Conversations API Terms of Use

Last Updated: February 13, 2017

1. INTRODUCTION

By using either the Bazaarvoice, Inc. (“we”, “our” or “Bazaarvoice”) Conversations application programming interface (“Conversations Display API“) or the Product Recommendations application programming interface (“Product Recommendations API”) you agree to the terms and conditions contained below (“Terms”). Your license to use the API is conditioned upon your agreement and conformance with the Terms. We reserve the right to update and otherwise amend the Terms from time to time without notice. The most recent version of the Terms will be available at the following address: http://www.bazaarvoice.com/legal/conversations-api-terms-of-use.html

(a) Other Agreements. If you have a Master Services Agreement (MSA) or Service Order (SO) with Bazaarvoice which conflicts with or expressly overrides these Terms, the language of your MSA or SO will control where the language conflicts with or overrides the language of these Terms.

2. LICENSE GRANT

Bazaarvoice hereby grants you a world-wide, revocable, non-sublicenseable, terminable, limited license: to use the API solely in accordance with the Terms, and any BV Data necessary to make use of the API. For the purpose of these Terms of Use “BV Data” is data that is generated, stored or collected by Bazaarvoice technologies (e.g cookies, web beacons, pixels, or mobile SDKs.) BV Data includes but is not limited to, user identifiers, interaction data, and impressions. Network Data does not include consumer generated content or data provided by you for the purposes of facilitating Bazaarvoice services such as product information included in feeds and transactional detail such as unit prices and shopping cart values.

Your license is automatically revoked if: (a) you violate any of the Terms; or (b) we send a written notice of termination to you.

3. RESTRICTIONS

(a) Adverse Use. You may not use the API in a manner that adversely impacts Bazaarvoice's systems (including but not limited to Bazaarvoice's servers or other applications), or the systems of any third party.

(b) Excessive Use. Use of the API is limited to 50 requests per second January through October, and 100 requests per second during November and December.

(c) Keys.
(i) You may not use a single API key for multiple use cases or applications, and you may not use multiple application API keys for the same use case or application.
(ii) You may not use multiple keys in order to circumvent the number of API requests per second.

(d) Monitoring. You may not use or access the Conversations Display API for purposes or monitoring the availability, performance or functionality of any of Bazaarvoice's products or services or for any other benchmarking or competitive purposes.

(e) Third Party Access. You may provide access to the API to third party developers (e.g. agencies or partners). You are responsible for ensuring that any third party to whom you provide access abides by the Terms. Further, Bazaarvoice reserves the right to reject third party access to the API provided such access is inconsistent with the use contemplated under any MSA or SO with Bazaarvoice. Generally, providing API keys to an unaffiliated third party for the purpose of bypassing a non-existent Bazaarvoice syndication relationship with that third party is prohibited. Generally, providing an API key to a third party to drive native content for your own site is allowed. Bazaarvoice will have exclusive discretion to determine whether a particular use of an API key by a third party is acceptable. You are responsible for ensuring that any third party to whom you provide access abides by the Terms. Further, Bazaarvoice reserves the right to reject third party access to the API.

(f) Charging for Access. You may not charge a premium for access to the API or any content other than your service's standard data and usage rates.

(g) Authenticity. You may not use the API to create content that is in violation of the Bazaarvoice Authenticity Policy, a copy of which will be provided to you at your request.

(h) Laws; Regulations; Privacy Policy. You may not use the API in any manner or for any purpose that violates any law, regulation, code or any rights of any person or entity, including but not limited to intellectual privacy rights, rights of privacy, or rights of personality. Further, you must maintain a privacy policy that accurately reflects your use of the content accessed and transferred through the API.

4. REQUIREMENTS

(a) Notice of Increase in API Usage. You must notify Bazaarvoice at least two weeks in advance if you reasonably expect your monthly API usage to triple compared to the previous month.

(b) Analytics Tag -- BV Pixel. In order to use the API for any production (accessible by consumers) context, including any website, mobile app or other application making use of the API directly or indirectly through the use of any Bazaarvoice SDK or other client side library, you must implement the BV Pixel, including our Transaction event or Conversion (non-commerce) event depending on your website or app. These tags relay information on your customers’ usage directly to Bazaarvoice. BV Pixel must be integrated to emit the required events outlined in our BV Pixel Integration document. Use of the BV Pixel requires the placement of the BV loader on all pages displaying and collecting consumer generated content (CGC), order confirmation pages, and any page utilizing Bazaarvoice API-driven data like Product Recommendations. For native applications, BV Pixel must be integrated via our Mobile SDK. Our use of this information transferred to Bazaarvoice subject to our Privacy Policy.

(c) Rebuilding your Data Store. You must rebuild your data store by completely reloading all of the CGC for your products at least once every two weeks.

(d) Individual Conversations Display API Call Requirements. All Conversations Display API calls must:

(i) Use Conversations Display API version 5.4 or later;
(ii) Be made through the universal domain at: api.bazaarvoice.com, custom domains are not allowed;
(iii) Be formatted using JSON, XML is not allowed;
(iv) Use a single product ID or review ID. A single API call may not request reviews for multiple products. API calls which do not specify a Product ID are not allowed;
(v) Device Fingerprinting. Per the Bazaarvoice Authenticity Policy, you must send a device fingerprint and author IP address attached to each submission. If you fail to send a device fingerprint and author IP address with your submission, Bazaarvoice may take any action deemed necessary in Bazaarvoice’s sole discretion to protect the integrity of the network. Such actions may include but are not limited to: rejection of your content, halting syndication of your content on the Bazaarvoice network, revocation of your API key, or revocation of your API license;
(vi) Submission of Content. Each content submission should be sent to the API in real-time. That is, you may not submit content in batches, hold content prior to submission, take any intermediate steps on the content inconsistent with Bazaarvoice policies. You may not filter, moderate or change any content prior to submission: all content you collect that is capable of submission to the network should be sent via the API for processing, filtering and moderation through Bazaarvoice services only.

5. DEPRECATION

Bazaarvoice will provide 12 months’ notice before deprecating any older version of the API. After such 12 month period, there will be no support or guarantee of any functionality for the deprecated version.

6. DESIGN REVIEW

Before implementing a production system for commercial sale or use using the API, you must complete a full design review with Bazaarvoice, to ensure you are using the API efficiently.

7. OWNERSHIP

Bazaarvoice owns all right, title and interest in and to the API and BV Data. These terms grant you no right, title or interest in any intellectual property owned or licensed by Bazaarvoice, including without limitation the API and any BV Data.

8. SUPPORT

Bazaarvoice may elect to provide you with support or modifications for the API (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Bazaarvoice may change, suspend, or discontinue any aspect of the API at any time, including the availability of any API. Bazaarvoice may also impose limits on certain features and services or restrict your access to parts or all of the API without notice or liability.

9. FEES

Bazaarvoice reserves the right to charge fees for use or access of the API for uses over a certain rate or for certain commercial uses.

10. DISCLAIMER OF WARRANTY

THE API IS PROVIDED "AS IS"" AND BAZAARVOICE DISCLAIMS ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS, IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE API AND ANY SUPPORT RELATED THERETO, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, ACCURACY OF DATA, AND WARRANTIES ARISING FROM A COURSE OF DEALING.

11. LIMITATION OF LIABILITY

THE FOLLOWING LIMITATIONS OF LIABILITY APPLY IRRESPECTIVE OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND ALSO APPLY REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH DAMAGES ARE SOUGHT. HOWEVER, IN NO EVENT WILL THE LIMITATIONS APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

EXCEPT FOR CLAIMS ARISING OUT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL BAZAARVOICE BE LIABLE FOR ANY SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, OF ANY PARTY, INCLUDING THIRD PARTIES, REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF THE FOREGOING. IN ANY CASE, BAZAARVOICE'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE API IN THE TWELVE (12) MONTH PERIOD.

12. RELEASE AND WAIVER

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Bazaarvoice, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the API. If you are a California resident, you waive your rights under California Civil Code 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

13. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Bazaarvoice and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Bazaarvoice APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Bazaarvoice shall use good faith efforts to provide you with written notice of such claim, suit or action.

14. MISCELLANEOUS

The Terms are governed by the laws of the State of Texas (excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction). Further, you and Bazaarvoice agree that any claim or cause of action under or relating to the Terms must be brought in the state or federal courts located in Austin, Texas and you agree to submit to the exclusive personal jurisdiction of such courts. If no MSA or SO is in place, the Terms constitute the entire agreement between the parties regarding the subject matter stated herein, and supersedes all previous communications, representations, understandings, and agreements, either oral, electronic, or written. If any provision of the Terms, or the application thereof, is for any reason and to any extent determined by a court of competent jurisdiction to be invalid or unenforceable under applicable law, a valid provision that most closely matches the intent of the original will be substituted and the remaining provisions of the Terms will be interpreted so as best to reasonably affect its original intent.