Last Updated: February 22, 2020
We are glad that you are interested in using the application programming interface available on this website (“API”). The mission of Clutch (“Clutch”, “our”, “we”) is to help businesses connect and be more successful together. Our API allows you to participate in that mission by building applications that leverage and display the content made available and transmitted through the API (“Clutch Content”).
You should read the documents above because they are components of the API Agreement. By accessing or using the API or Clutch Content, you agree to be bound by the API Agreement. If you access or use the Clutch API or Clutch Content on behalf of a company or other entity, you represent that you have authority to bind such entity to the API Agreement and that it is fully binding upon them. In such case, the term "you" will refer to such entity. If you do not have authority, or if you do not agree with the terms of the API Agreement, you may not access or use the API or Clutch Content. In the event of a conflict between the documents above and these API Terms, these API terms will govern solely with respect to the API and use of Clutch Content through the API.
The API is designed to enable you to access and display Clutch Content on your website and mobile app (collectively and individually, “Your Site”)to users of your Site (“Users”). Your use of the API must support our mission of connecting business and helping them be more successful together. Clutch reserves the right to continually review and evaluate all uses of the API.
Clutch reserves the right to modify the API Terms at any time. If Clutch determines that a modification may materially and adversely impact you, Clutch will provide email notice to you no less than ten (10) days prior to the material adverse modification taking effect. IF YOU DO NOT WISH TO BE BOUND TO ANY NEW OR MODIFIED TERMS, YOU MUST TERMINATE THE API AGREEMENT BY CEASING USE OF THE API WITHIN TEN (10) DAYS OF RECEIPT OF SUCH NOTICE.
In order to access or use the API, you must first register for and receive a valid suite of OAuth consumer keys (“API Keys”). You are only allowed to register for and use one (1) set of API Keys, unless Clutch provides the functionality to create and use multiple API Keys or as otherwise permitted by Clutch in writing. All queries sent to the API requesting data must reference your API Keys. You agree to keep your API Keys confidential and not to share them with any third party.
To request API Keys, contact the Clutch team at [email protected].
Subject to compliance with the terms set forth in Section 5 (Display Requirements) below and elsewhere in these API Agreement, Clutch hereby grants you, during the Term, a non-exclusive, revocable, non-sublicensable, non-transferable license to (i) access and use the API to access the Clutch Content; (ii) display the Clutch Content on Your Site; and (iii) reproduce and display the Clutch name and logo (“Clutch Brand Features”) solely in order to comply with the Display Requirements.
You may not use the API, Clutch Content, or Clutch Brand Features for any other purpose without Clutch's prior written consent. These license rights are further limited by the restrictions set forth elsewhere in the API Agreement, and all rights not expressly granted to you hereunder are reserved by Clutch. You acknowledge and agree that Clutch may monitor Your Site in order to confirm compliance with the API Agreement.
You agree that you will remove from display and destroy any Clutch Content within twenty-four (24) hours of written request from Clutch, including email.
5. Display Requirements
- Prior to publishing any Clutch Content on Your Site, you just request and receiving written approval from Clutch regarding the appearance of the Clutch Content;
- Where you display pages of Clutch Content (e.g. Service Provider Profile content), you must include a link (link, no-follow link, or canonical link) back to the original content on Clutch.
Without written approval to do otherwise, you agree that you will not, and will not assist or enable others to:
- use Clutch Content to aid in developing a competing service or collecting competing content, including using reviews and profiles of service providers found on the Clutch platform to aid in collecting reviews and profiles of service providers from other websites or applications;
- display or use Clutch Content alongside or in conjunction with other reviews or user-generated content;
- modify the Clutch Content, or use it to update or create your own database of business listing information;
- modify or remove the hyperlink contained within any Clutch Content that is provided in the API;
- modify or remove any Clutch Brand Features or other proprietary notices related to the Clutch Content;
- cache, record, pre-fetch, or otherwise store any portion of the Clutch Content for a period longer than twenty-four (24) hours from receipt of the Clutch Content, or attempt or provide a means to execute any scraping or "bulk download" operations;
- use the API on behalf of any third party;
- copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify or alter any part of the API;
- rate, rank, review, vote or comment on, or otherwise respond, or enable the response, to the Clutch Content;
- use the API in a manner that impacts the stability of Clutch's servers or impacts the behavior of other applications using the API;
- remove applicable tracking parameters from any API calls, such as Google Analytics tracking tags;
- merge or combine the Clutch Content with any other content;
- display the Clutch Content on any site that disparages Clutch or infringes any Clutch intellectual property or other rights; or
- use the API or Clutch Content in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in Clutch's sole discretion) to Clutch, its providers, its suppliers, end users of this website, or your Users, or use the API or Clutch Content with any commercial website or online service (including mobile apps) that is directed towards children under the age of 13 and collects, uses, or discloses information from such children.
7. Proprietary Rights
As between you and Clutch, Clutch owns all rights, including intellectual property rights, in and to the API, Clutch Content and the Clutch Brand Features.
8. Term and Termination
The term of this API Agreement shall continue in effect until it is terminated by either party as set forth in this Section 8 (the "Term"). Clutch reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice or liability, to change, suspend or discontinue the API and/or suspend or terminate your rights under the API Agreement to access, use and/or display (as applicable) the API, Clutch Brand Features or any Clutch Content. Any termination of the API Agreement will also immediately terminate the licenses granted to you hereunder. Such change, suspension or termination of the API may cause your existing services using the API to stop functioning properly. Upon any termination of the API Agreement, you will immediately cease use of the API and promptly delete and remove all calls to the API from all web pages, scripts, widgets, applications, and other software in your possession or under your control; promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the API, Clutch Brand Features or any Clutch Content; and you, upon Clutch's request, will promptly certify in writing to Clutch that such actions have been taken.
You agree that your use of the API is at your own risk and you agree to hold harmless, defend (subject to Clutch's right to participate with counsel it selects) Clutch and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, suits, actions and proceedings arising from, or in any way related to (i) your or your Users' use or implementation of the API or any Clutch Content obtained from the API or (ii) any content on Your Site, including any statements, representations or warranties related to Clutch (“Indemnifiable Claim”) and agree to indemnify Clutch against all damages, liabilities, costs and fees (including reasonable attorneys' fee) related to the Indemnifiable Claim. You will not agree to any settlement that imposes any obligation on Clutch without Clutch's prior written consent.
10. No Warranties; No Support
THE API AND CLUTCH CONTENT ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" WITHOUT WARRANTY, OF ANY KIND AND AT YOUR SOLE RISK. EXCEPT TO THE MAXIMUM EXTENT REQUIRED BY APPLICABLE LAW, CLUTCH DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API, CLUTCH BRAND FEATURES AND ANY CLUTCH CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, CLUTCH DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE API WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THE API AGREEMENT DOES NOT ENTITLE YOU TO ANY SUPPORT FOR THE API. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM CLUTCH WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE API AGREEMENT.
11. Limitation of Liability
THE API IS BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT CLUTCH SHALL HAVE NO LIABILITY ARISING FROM, RELATING TO OR BASED ON YOUR USE OF THE API OR CLUTCH CONTENT. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL CLUTCH OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE (ACTIVE OR PASSIVE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS OR REVENUE, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API, EVEN IF CLUTCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. ANY CLAIM ARISING OUT OF OR RELATING TO THE API AGREEMENT MUST BE BROUGHT WITHIN (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IF SUCH CLAIM IS NOT FILED, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS, AND TO CLUTCH AND ITS SUCCESSORS. NOTWITHSTANDING THE FOREGOING, CLUTCH'S MAXIMUM LIABILITY UNDER THIS API AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED THE AGGREGATE AMOUNT OF US$100.00. THE LIMITATIONS OF LIABILITIES CONTAINED HEREIN REFLECT THE RISK ALLOCATION BETWEEN THE PARTIES AND FORM A MATERIAL PART OF THE BARGAIN.
12. Choice of Law
Any dispute arising under the API Agreement shall be resolved as set forth in the Clutch Terms of Service.
The API Agreement encompasses the entire agreement between you and Clutch regarding the subject matter discussed herein. The failure of Clutch to exercise or enforce any right or provision of the API Agreement will not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of the API Agreement is found to be unenforceable or invalid, that provision will be replaced with terms that most closely match the intent of the provision that is not enforceable to the minimum extent necessary so that the remaining API Agreement will otherwise remain in full force and effect and enforceable. The Agreement is not assignable, transferable or sublicensable, in whole or in part, by you except with Clutch's prior written consent. Clutch may assign the API Agreement, in whole or in part, at any time with or without notice to you. Any attempt to do so is void. The section titles in the API Agreement are for convenience only and have no legal or contractual effect.
Sections 6, 7, 8, 9, 10, 11, 12, 13 and 14 will survive any expiration or termination of this API Agreement for any reason.
15. Contact and Violations
Please contact Clutch with any questions regarding the API Agreement. Please report any violations to [email protected].