Terms of Service

Introduction

These Data API Terms of Service (“Terms”) govern access to and use of the Whiskystats Data API (the “Service” or “API”) provided by Whiskystats B.V. By requesting, accessing or using the Service, you (“Customer”) agree to these Terms. The Data API is a standalone product and may be subject to a separate subscription plan, order form or commercial agreement. In the event of any conflict, the commercial agreement prevails over these Terms.

Definitions

For purposes of these Terms, the following definitions apply:

Approved Application means the application, website or internal system approved by Whiskystats.

Approved Use Case means the use case approved by Whiskystats.

API Content means all data, metadata, bottle information, pricing, ratings, images, thumbnails, photographs, text, documentation and other materials made available through the API.

Documentation means the technical documentation, including the Rate Card and other information published by Whiskystats from time to time and forms part of these Terms.

Competing Service means a product or service that directly competes with or substantially substitutes Whiskystats or the Whiskybase platform operated by Whiskybase B.V. (https://www.whiskybase.com).

Rate Card means the pricing and usage schedule published by Whiskystats from time to time, setting out subscription fees, credit pricing, credit allocations and/or the number of credits consumed by API calls, endpoints or other functionalities.

Ownership and License

All intellectual property rights and database rights (including sui generis database rights) in the API, Documentation, API Content and underlying databases remain vested in Whiskystats, Whiskybase B.V. and/or their respective licensors. Customer acquires no ownership or other proprietary rights in the API, Documentation, API Content. Customer shall not copy, reconstruct or create a competing database or service, nor use API Content to develop or train AI or machine learning models unless expressly authorized in writing. Except for the limited License expressly granted herein, no rights in or to the API or API Content are transferred to Customer and no implied licenses are granted.

Subject to Customer’s payment of all applicable fees and continued compliance with these Terms and any applicable commercial agreement, Whiskystats grants Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the API solely within the Approved Application and Approved Use Case (“License”).

Subscription, Credits and Payment

Access to the Service is provided under the applicable subscription plan. Whiskystats may offer different subscription plans, including trial, free and paid subscription plans, plans offered by third parties in conjunction with their own products and services. Different functionalities, restrictions and terms may apply to the different subscription plans. Subscription fees are payable in advance. Whiskystats may suspend the processing of API requests immediately when Customer has exhausted its available credits, and Whiskystats may suspend access where insufficient credits remain or invoices remain unpaid.

Usage of the Service is based on credits. API calls consume credits as described in the Documentation. Unless expressly agreed otherwise, credits are allocated per billing cycle, expire automatically at the end of the relevant billing cycle and do not roll over to any subsequent cycle. Unused credits are forfeited without compensation or refund. At the start of each new billing cycle, the applicable credit allocation will become available in accordance with Customer’s subscription plan. If Customer has exhausted its available credits during a billing cycle, Whiskystats may suspend or limit access to the Service until additional credits are purchased or a billing cycle credit allocation becomes available.

Accounts, API Credentials

Whiskystats may require Customers to create a user account and/or may provide Customers with API credentials. Customer is responsible for all activities through its account and/or API credentials. Customer is responsible for the accuracy of the information provided to Whiskystats, and for updating it where necessary. Whiskystats may terminate or temporarily suspend an account to protect Customer, itself or its partners from (suspected) identity theft or other (suspected) fraudulent (e.g. false, misleading, deceptive) activities.

Customer is responsible for safeguarding its account/login credentials and API credentials and will keep its account/login credentials and API credentials confidential. Customer shall not share its account or API credentials. Customer shall immediately notify Whiskystats if Customer becomes aware of unauthorized access or any suspected compromise.

Documentation

Customer shall comply with the Documentation. Whiskystats may update the Documentation, including technical specifications, rate limits, authentication methods and credit consumption schedules, from time to time and at its sole discretion.

Permitted Use

Customer may publicly display API Content within the Approved Application, provided attribution requirements are met and provided the Approved Application does not constitute a Competing Service. Customer may combine API Content with its own data solely for the Approved Use Case.

Customer may only use the Service for the Approved Application and the Approved Use Case. Any material modification thereof requires Whiskystats’ prior written approval. Whiskystats may reject, limit, suspend or withdraw any Approved Application or Approved Use Case at its reasonable discretion.

Prohibited Use

Customer shall not resell, sublicense, redistribute in any way the API, or expose API Content through another API, bulk export or similar mechanism; circumvent technical protections; reverse engineer the API; or use the API for unlawful purposes. Without limiting the generality of the foregoing and unless expressly permitted by the applicable subscription plan, order form, or written agreement:

A. API Content may not be permanently stored, mirrored, or re-hosted except as expressly permitted under these Terms;

B. Customer may not sell, license, sublicense, publish, distribute, disclose, make available, or otherwise provide API Content, whether raw, cached, aggregated, normalized, enriched, derived, or combined with other data, to any third party;

C. Customer may not use the API Content to create, train, fine-tune, validate, benchmark, or enhance a competing database, valuation model, marketplace, data feed, API, machine learning model, artificial intelligence or analytics product;

D. Customer may not make API Content available through an API, data feed, bulk export, downloadable file, scraping-accessible interface, database dump, or any other mechanism that enables third parties to extract, copy, reconstruct, or reuse API Content;

E. Customer shall not use any robot, spider, scraper, crawler, automated script, data mining tool or other automated means to access, monitor, extract, copy, index or otherwise collect any content, data or API Content from the Service, except through the API and solely in accordance with these Terms;

F. Customer may not use the API or API Content for any illegal, fraudulent, deceptive, harmful, or malicious purpose;

G. Customer shall not publish or disclose any benchmark, performance or comparative test results relating to the Service without Whiskystats’ prior written consent;

H. Customer may not reverse engineer, decompile, interfere with, or attempt to discover the source code, structure, systems, or security measures of the API.

Storage and Deletion

API Content (other than images) may be cached for a maximum of thirty (30) days solely where reasonably necessary for the Approved Use Case, unless otherwise agreed in writing.

Images made available through the Service form part of the API Content. Images are licensed solely for temporary caching to the extent reasonably necessary for performance optimization and (near) real-time display within the Approved Application. No license is granted to permanently store, archive, mirror, re-host or otherwise maintain images as a standalone image library. Customer shall periodically refresh and flush its image cache in accordance with the Documentation to ensure that the most up-to-date images are displayed.

Upon termination or expiry of Customer’s License or access to the Service, Customer shall cease all use of the Service, API Content, API access, delete stored API Content (including any cached images) within thirty (30) days and, upon request, certify deletion in writing.

Attribution

Where API Content is publicly displayed, Customer shall provide clear attribution to Whiskystats and/or Whiskybase, by including the wording below and, where technically feasible, a clickable hyperlink to the relevant Whiskystats or Whiskybase website or bottle page.

Attribution wording: “Data by Whiskystats”.

Changes and Availability

Whiskystats may modify, add or discontinue API Content, endpoints, datasets or functionality. The API is provided on an “as is” and “as available” basis. No service levels apply unless separately agreed in writing. The Service may be temporarily unavailable during maintenance, updates, etc. Whiskystats shall make reasonable efforts to inform Customer of any unavailability due to scheduled maintenance.

Additionally, Whiskystats may change subscription plans, subscription fees and Rate Cards at its discretion and such changes shall become effective upon the next renewal of the applicable subscription plan.

Suspension and Termination

Whiskystats may suspend or terminate access to or use of the Service in the event of (suspected) breach of the Terms, misuse, non-payment, security concerns or use in a Competing Service. Additionally, Whiskystats may terminate Customer’s access to or use of the Service for any other reason, including for reasons of convenience and without liability, by giving two weeks written notice (email sufficient). Any credits in Customer’s account will lapse at termination unless otherwise provided under the applicable subscription plan and subject to mandatory law.

Whiskystats reserves the right to suspend, modify, update or discontinue the Service, in whole or in part, at any time.

The provisions relating to Ownership and License, Prohibited Use, Storage and Deletion, Attribution, Audit, Confidentiality, Liability, Warranties and Indemnity, and Miscellaneous shall survive termination or expiry of these Terms for as long as necessary to give effect to their purpose.

Audit

Upon reasonable notice, Whiskystats may request Customer to provide reasonably requested information, screenshots, documentation, logs and other materials reasonably necessary to verify compliance with these Terms. Customer will comply with such request without any conditions and within a reasonable period of no more than five (5) business days.

Confidentiality

Non-public information relating to the Service, API Content, documentation, credentials, technical information, pricing, and communications are confidential and may not be disclosed except as necessary for Customer’s permitted use of the Service and API Content. Confidentiality obligations survive termination. Confidential information does not include information that becomes public through no breach of these Terms, was already lawfully known, is independently developed without use of confidential information, or must be disclosed by law.

Liability, warranties and indemnity

The API and API Content are provided for informational purposes only and do not constitute any advice (such as but not limited to investment advice, tax advice, financial, economic advice). Whiskystats makes no warranties as to the completeness, truthfulness, accuracy, or reliability of the Service and API Content, and to the maximum extent permitted by law, Whiskystats disclaims all warranties. Whiskystats shall not be liable for indirect or consequential damages, loss of profits, business interruption or loss of data. Whiskystats shall not be liable for any delay or failure to perform its obligations caused by circumstances beyond its reasonable control. Aggregate liability shall not exceed the fees paid by Customer for its use of the API during the twelve (12) months preceding the claim.

To the extent permitted by applicable law, Customer shall indemnify Whiskystats against third-party claims arising from Customer’s use of the API and API Content, or breach of these Terms.

Nothing in the Terms shall exclude or limit Whiskystats’ liability resulting from gross negligence or willful misconduct.

Miscellaneous

If Customer qualifies as a consumer under applicable law, nothing in these Terms limits Customer’s mandatory statutory rights.

These Terms, together with any applicable subscription plan, order form or commercial agreement, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements, understandings and communications relating thereto.

Whiskystats may sell, license, transfer, assign the Service, API Content, these Terms or in any other way dispose thereof, including but not limited to in connection with a merger or sale of its business.

If any provision is invalid, the remainder remains effective.

Failure to enforce any provision is not a waiver.

No partnership or agency relationship is created.

These Terms and any disputes related to the Terms and/or Customer’s use of the Service or API Content are exclusively governed by Dutch law.

The courts of Amsterdam have exclusive jurisdiction unless mandatory law provides otherwise.

About Whiskystats and Contact Details

Whiskystats B.V. is a Dutch private limited liability company, having its statutory seat in Rotterdam, The Netherlands and its office at Zwaanshals 530, 3035 KS Rotterdam, The Netherlands. Whiskystats B.V. is registered with the Dutch Chamber of Commerce under no. 81761287.

Any questions, requests and inquiries may be directed at: [email protected]

or at:

Whiskystats B.V.
attn. Customer Service
Zwaanshals 530
3035 KS Rotterdam
The Netherlands