These API Terms of Service (these "API Terms") govern your access to and use of the SparkToro API. They supplement, and are part of, the SparkToro Terms of Service (the "Main Terms"). Where these API Terms conflict with the Main Terms with respect to API use, these API Terms control. The Main Terms otherwise continue to govern your use of the SparkToro web application and reports. Capitalized terms not defined here have the meaning given in the Main Terms.

1. DEFINITIONS.
   1. "API" means SparkToro's programmatic access methods, including its public REST API, its MCP (Model Context Protocol) server, developer tools, endpoints, schemas, request and response payloads, tool calls, and any other programmatic access method SparkToro makes available, now or in the future.
   2. "API Data" means the data, insights, audience information, analytics, and other output returned by the API in response to your requests.
   3. "SparkToro Data Points" means the actual data values contained in API Data, including affinity or usage scores, audience sizes or percentages, demographic figures, and lists of websites, podcasts, social accounts, subreddits, or other sources.
   4. "External Data Display" means displaying, exporting, transmitting, or otherwise making SparkToro Data Points visible to any person outside your organization (including your own customers or end users). Using API Data as an input to compute or derive your own outputs that do not reproduce or closely approximate SparkToro Data Points is not External Data Display.
   5. "Audience Intelligence Product" means a product or service whose principal purpose or principal value is the provision of audience research, audience intelligence, or market or audience insights of the kind provided by SparkToro.
   6. "Credits" means the prepaid units you purchase and spend to make API requests.
2. RELATIONSHIP TO THE MAIN TERMS. These API Terms apply to all access to and use of the API and API Data. The following provisions of the Main Terms are superseded, for API use only, by these API Terms:
   1. Section 2.1 (Provision of Access), "internal business use" limitation. For API use, you may use API Data within your own product or service beyond solely internal business use, as permitted by Sections 3 and 4 below, subject to the External Data Display rule (any external-facing surfacing of SparkToro Data Points requires a separate written agreement; contact support@sparktoro.com).
   2. Section 2.3 (Use Restrictions) sub-clauses (i), (ii), (vi), (vii), (ix), and (xi) are superseded by Sections 3 through 7 below. Sub-clauses (iii) (reverse engineering), (iv) (proprietary notices), (v) (infringing or unlawful use), (viii) (competing AI or machine-learning training, see also Section 6), and (x) (credential sharing) continue to apply.
   3. Section 13.5 (Return of Customer Data) and Section 13.6 (Effect of Expiration or Termination), and any other Main Terms provision requiring deletion, return, non-storage, internal-only use, or cessation of use of Provider IP upon termination, do not force deletion of, or termination of your license to, API Data you validly purchased (Sections 3 and 5).
   4. Section 8 (Confidential Information), to the extent it would otherwise require you to cease using or erase API Data on termination; the specific license in these API Terms permits the uses granted (External Data Display being governed by a separate written agreement).
3. OWNERSHIP AND LICENSE.
   1. Ownership. API Data remains Provider IP and Provider Confidential Information under the Main Terms. You receive only the license expressly granted here.
   2. License grant. The API operates on a prepaid-credit basis: you purchase Credits and spend them on API requests. There is no subscription. Subject to these API Terms, when you validly spend Credits on an API request, SparkToro grants you a non-exclusive, non-transferable, non-sublicensable, perpetual license to use, store, process, display, and incorporate the API Data returned by that request within your own product or service, subject to the scope in Section 3.3. For API use, this license controls over any contrary Main Terms language requiring deletion, non-storage, internal-only use, return, or cessation of use of Provider IP after termination. The license is revocable for breach as set out in Sections 5 and 10. External Data Display requires a separate written agreement with SparkToro and is not granted by these API Terms.
   3. Scope of use.
      1. Covered by these API Terms (no separate agreement required): internal use, tools, and workflows within your organization; using API Data as an input to compute or derive your own features, segments, scores, or outputs that do not reproduce or closely approximate SparkToro Data Points; and agency or client deliverables limited to reasonable, attributed excerpts, consistent with the bona-fide-agency allowance in Main Terms 2.3(xi).
      2. Permitted, but requires a separate written agreement (External Data Display): any customer-facing or external-facing product, feature, or dashboard that displays SparkToro Data Points to persons outside your organization; exports, downloads, or reports containing SparkToro Data Points delivered to your end users; and AI, chat, or assistant outputs that surface SparkToro Data Points to external end users. To pursue any of these, contact support@sparktoro.com. SparkToro does not currently offer a self-serve display license; all External Data Display is arranged by separate written agreement.
      3. Not permitted at all: the substitution and redistribution uses prohibited in Section 4, regardless of any agreement.
   4. Credits, expiration, and refunds. Credits are non-refundable except where required by law. Credits expire twelve (12) months from their date of purchase if unused. Purchasing additional Credits while you hold unexpired Credits resets all of your then-current Credits to the new purchase date's twelve-month expiration. Credit expiration affects only unspent Credits; it does not affect API Data you already obtained by spending Credits, which remains perpetually licensed under Sections 3 and 5 (subject to revocation for breach).
4. SUBSTITUTION AND NO-CLONE RESTRICTION. You may not use the API or API Data to build, operate, offer, or assist any Audience Intelligence Product, or any product or service that functions as a substitute for access to SparkToro. The test is product-level, not feature-level: it is permitted for API Data to power a feature that resembles a SparkToro feature (Section 3); it is prohibited for API Data to constitute the whole, or the defining value, of your product. External-facing display of SparkToro Data Points is separately governed by the External Data Display rule (Section 3.3.2). Without limiting the foregoing, you may not:
   1. Resell or redistribute the data. Sell, sublicense, or redistribute API Data as a standalone dataset, feed, bulk export, or report whose primary value is the API Data, or in any form that allows a third party to obtain SparkToro's audience data without paying SparkToro.
   2. Reconstitute the database. Systematically query the API to recreate, replicate, or derive a substantial portion of SparkToro's underlying audience database or its core functionality.
   3. Train competing systems. Use API Data to train, fine-tune, or develop any AI, machine-learning, or algorithmic system that competes with or replicates an Audience Intelligence Product, including by creating embeddings, vector or retrieval indexes, retrieval-augmented-generation stores, synthetic datasets, distilled outputs, or evaluation or benchmark sets intended to replicate, approximate, or compete with an Audience Intelligence Product.
   4. White-label SparkToro. Present SparkToro's output as your own audience-intelligence product, or imply you are the source of the underlying data.
5. STORAGE, RETENTION, AND REVOCATION. API Data is delivered as a static snapshot and does not change after delivery.
   1. Keep what you paid for. API Data you validly obtain by spending Credits is licensed to you perpetually (Section 3). SparkToro does not require you to refresh, re-purchase, or delete previously delivered API Data, and does not charge again for data already delivered. This perpetual right survives termination.
   2. Revocation for breach. The perpetual license is conditioned on your compliance with these API Terms. If you materially breach, SparkToro may revoke your license to use the API Data affected by the breach; and for willful, repeated, or uncured breach of Section 4, SparkToro may revoke the license to use all API Data obtained under your account. On revocation, you must cease using the affected API Data (and any derivative of it) in your products and services, and must not use it in any manner prohibited by Section 4.
   3. No forced deletion. SparkToro does not require you to delete API Data or to certify deletion. You may retain the data you purchased; revocation ends the right to use the data, not your possession of it. Continued use of revoked API Data is a breach of these API Terms and an infringement of Provider IP.
6. COMPETING AI AND MACHINE-LEARNING SYSTEMS. For clarity and in addition to Main Terms 2.3(viii), you may not use the API or API Data to train, fine-tune, distill, evaluate, or otherwise develop any AI, machine-learning, or algorithmic system that competes with or replicates an Audience Intelligence Product, by any of the means enumerated in Section 4(c).
7. RATE LIMITS AND FAIR USE. API use is subject to your available Credit balance and to reasonable rate limits and per-request quotas. Automated and programmatic access is expressly permitted within those limits (notwithstanding the general no-automated-access language in Main Terms 2.3(ix)). SparkToro may throttle or adjust limits to protect Service stability.
8. ATTRIBUTION. Attribution ("Powered by SparkToro") is required where SparkToro Data Points are materially visible to end users; such External Data Display also requires a separate agreement under Section 3.3.2, in which attribution may be waived (for example, a paid white-label arrangement). Attribution is not required for internal-only workflows or for derived outputs that do not surface SparkToro Data Points.
9. DATA NATURE AND PRIVACY. API Data consists of aggregated audience insights and does not include individual-level personal records about identifiable end users sold by SparkToro. You are responsible for your own compliance with applicable data-protection and privacy laws with respect to your product and any data you combine with the API Data. The ephemeral contact-processing terms in Main Terms 3.3 continue to apply to any contact data you submit.
10. SUSPENSION, REVOCATION, AND TERMINATION.
    1. Immediate suspension. SparkToro may immediately suspend API access, including declining to sell further Credits, for abuse, security threats, excessive load, fraud, or unlawful use (consistent with Main Terms 2.5 and 2.11).
    2. Non-emergency breach. For non-emergency breaches, SparkToro will provide notice and a reasonable opportunity to cure where practical (consistent with the thirty-day cure period in Main Terms 13.4).
    3. License revocation. SparkToro may revoke the API Data license under Section 5 only for material, uncured, willful, or severe breach (in particular Section 4).
    4. Survival. Sections 3, 4, 5, 6, and any accrued payment obligations survive termination. Credits are non-refundable per Section 3.4; termination does not entitle you to a refund of unused Credits except as required by law.
11. CHANGES. SparkToro may update these API Terms and the API (including endpoints, fields, schemas, rate limits, and MCP tools). Material changes will be communicated with reasonable notice.

Questions about these API Terms or about a separate agreement for External Data Display can be directed to support@sparktoro.com.