1. Definitions
- "API" means the TryMarketOps HTTP API available at
api.trymarketops.com. - "Credits" means the unit of consumption deducted when an API response is returned. One enriched record costs one credit.
- "API Key" means the secret token prefixed
mops_live_ used to authenticate requests. - "Plan" means the subscription tier (Free, Starter, Growth, Pro, or Custom) governing your monthly credit allowance, batch limits, and feature access.
- "Content" means data returned by the API, including company enrichment records, signals, and intent scores.
2. Access and API Keys
- We grant you a limited, non-exclusive, non-transferable licence to access the API solely for your internal business purposes.
- You are responsible for keeping your API keys confidential. Do not embed keys in client-side code or public repositories.
- You must immediately revoke any key you believe has been compromised and notify us at [email protected].
- Creating multiple accounts to circumvent plan limits is prohibited.
3. Credits, Billing, and Refunds
- Credits are deducted per API response at the rates specified in your Plan. Credits are not deducted for
GET /account calls or errors caused by our system. - Monthly credits reset on the first day of your billing cycle. Unused credits do not carry over on Free, Starter, or Growth plans.
- Payments are processed via Stripe. All fees are non-refundable except as required by applicable law or where we have caused a demonstrable service failure.
- We reserve the right to change pricing with 30 days' written notice.
- Accounts with failed payments will be suspended after 7 days. Data is retained for 30 days post-suspension before permanent deletion.
4. Acceptable Use Policy
You must not use the Service to:
- Build a product or service that competes directly with TryMarketOps or resells API access without a written reseller agreement.
- Harvest or cache API Content for the purpose of creating a competing data product.
- Send unsolicited commercial communications (spam) to any individual or entity.
- Violate any applicable law, including data protection laws (GDPR, CCPA).
- Attempt to reverse-engineer our infrastructure or circumvent rate limits.
- Use the API in any application that could cause physical harm or facilitate illegal surveillance.
Violation of this policy may result in immediate suspension without refund.
5. Content and Data Accuracy
- API Content is aggregated from public sources and third-party data providers. We make no warranty that Content is accurate, complete, or current.
- You assume all risk for decisions made based on API output.
- If you identify materially incorrect data, report it to [email protected] and we will investigate within 5 business days.
- You may not use Content in a way that violates the privacy rights of individuals named in the data.
6. Webhooks
- Webhook delivery is available on Pro and Custom plans only.
- Your endpoint must respond with an HTTP 2xx status within 10 seconds. We retry failed deliveries up to 3 times with exponential backoff.
- We may automatically disable a webhook subscription that fails more than 95% of deliveries over any 24-hour period.
- We do not guarantee delivery order or exactly-once semantics. Your endpoint should be idempotent.
7. Rate Limits and Fair Use
- Rate limits are enforced per API key and vary by plan. Exceeding limits results in
429 Too Many Requests responses. - We reserve the right to throttle or suspend keys that cause disproportionate load.
- Automated retry loops without back-off and parallel flooding are prohibited.
8. Intellectual Property
- All rights in the API, its documentation, and the TryMarketOps brand remain the exclusive property of [Company Name].
- We grant you no licence to use our trademarks or logos without prior written consent.
- You retain all rights in data you submit to the API. You grant us a limited licence to process that data solely to provide the Service.
9. Service Level and Uptime
- Free and Starter: Best-effort availability; no SLA commitment.
- Growth: 99.9% monthly uptime target.
- Pro: 99.95% monthly uptime target. Service credits apply for each full percentage point below target.
- Custom: SLA terms specified in your order form.
- Scheduled maintenance windows (announced 48 hours in advance) are excluded from uptime calculations.
10. Disclaimers and Limitation of Liability
THE API IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, [COMPANY NAME]'S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD 100.
WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
11. Termination
- Either party may terminate at any time. You may close your account from the dashboard or by emailing [email protected].
- We may suspend or terminate your access immediately if you breach these Terms.
- Upon termination, your API keys are revoked immediately. Prepaid credits are non-refundable except where required by law.
12. Governing Law and Disputes
- These Terms are governed by the laws of [Jurisdiction TBD].
- Any dispute that cannot be resolved informally shall be submitted to binding arbitration.
- You may not bring claims as a class member in any class action.
13. General
- Entire agreement: These Terms, together with our Privacy Policy and any order form, constitute the entire agreement.
- Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
- Waiver: Failure to enforce any provision does not waive our right to enforce it in the future.
- Notices: Legal notices to us must be sent to [email protected].