Distill API and Data License Terms

These API and Data License Terms (“API Terms”) apply whenever Customer accesses the API, whether under an Order Form that includes the API or during a Trial Period. They form part of the Agreement between Distill Intelligence AB (“Provider”) and Customer, and supplement the Distill Terms of Service. Capitalized terms not defined in these API Terms have the meanings given in the Terms of Service.

1. Definitions

• API Usage Policy means Provider’s API usage policy published in the Documentation, as updated under Section 9.
• Customer Application means the products, services, or internal systems through which Customer uses Distill Data, as described in the Order Form where these API Terms require it, including successor and related products serving the same use case.
• Derived Data means data, analyses, scores, insights, or other output that Customer creates using Distill Data, from which Distill Data cannot reasonably be extracted or reconstructed.
• Distill Data means Content obtained through the API.
• Tracked Company means each unique company for which the API returns Distill Data to Customer in a calendar month (UTC), identified by Provider’s company identifier or domain. Repeated requests for the same company in the same calendar month count once.
• Use Rights means the rights selected in the Order Form under Section 3.

2. License

2.1 License Grant

Subject to the Agreement, Provider grants Customer a non-exclusive, non-transferable, non-sublicensable license during the Subscription Period and any Trial Period to access the API and to use Distill Data within Customer’s Use Rights.

2.2 Use Case

Where the Order Form describes a use case or Customer Application, Customer’s Use Rights apply to that use case or Customer Application.

2.3 Derived Data

As between the parties, Customer owns Derived Data and may continue to use it after the Agreement ends.

2.4 Reservation of Rights

Distill Data is licensed, not sold. All rights not expressly granted in these API Terms are reserved by Provider, and Section 11 (Reservation of Rights) of the Terms of Service applies.

3. Use Rights

The Order Form selects one of the following Use Rights. If the Order Form selects none, or Customer accesses the API without an Order Form, Internal Use applies.

3.1 Internal Use

Customer and its employees and contractors may use Distill Data for Customer’s internal business purposes, including in Customer’s internal systems, databases, dashboards, and AI tools. Customer may share individual items, with a link to their source, with its advisers, clients, or board in the ordinary course of business, but may not otherwise make Distill Data available to anyone outside Customer.

3.2 External Display

In addition to Internal Use, Customer may display Distill Data to End Users within the Customer Application described in the Order Form, provided that: (a) Distill Data is displayed as part of the Customer Application and is not offered as a standalone data product or feed; (b) End Users may view, use, and export individual items within the Customer Application, including through its own API or AI agents, but cannot obtain Distill Data as a dataset or feed; (c) each displayed item that includes Third-Party Content is accompanied by at least one link to its source; and (d) Customer’s terms with End Users prohibit them from redistributing Distill Data. Customer is not required to identify Provider as the source of Distill Data unless the Order Form says so.

3.3 Resale

Customer may sell, sublicense, or otherwise distribute Distill Data to third parties only as expressly set out in the Order Form, including any scope, attribution, reporting, and pricing terms stated there.

3.4 Affiliates

Use Rights extend to Customer’s Affiliates only if the Order Form names them. Customer is responsible for its Affiliates’ compliance with these API Terms.

3.5 Trial Use

During a Trial Period, Customer may use the API and Distill Data only to evaluate the API and not in production. Trial access is provided “AS IS”, may be limited, and may be suspended or ended by Provider at any time.

4. Restrictions

Except as expressly permitted by Customer’s Use Rights or the Order Form, Customer will not (and will not allow anyone else to): (a) sell, resell, sublicense, distribute, or otherwise make Distill Data available to third parties, including as a data feed, file, or dataset or through an API; (b) use Distill Data to build, train, improve, or operate a product or service that competes with Provider, including a company news, monitoring, or company data product; (c) remove or obscure source links, or present Third-Party Content as Customer’s own; (d) share API keys except as permitted by Section 1.3 of the Terms of Service, or use multiple accounts or API keys to avoid Use Limitations; or (e) use the API in violation of the API Usage Policy. The restrictions in Section 2.1 (Restrictions on Customer) of the Terms of Service also apply.

5. AI Use

5.1 Permitted Use

Customer may use Distill Data as input to artificial intelligence systems at runtime, within its Use Rights, including in prompts, retrieval, agents, summarization, and classification. Embeddings and other representations of Distill Data are treated as copies of Distill Data.

5.2 Training

Customer will not use Distill Data to train, fine-tune, or distill artificial intelligence or machine learning models, or to create training datasets, unless the Order Form expressly permits it and states the scope of that permission. This does not prevent Customer from using Distill Data to test AI systems, or from using Derived Data and data fields such as dates, categories, and impact scores to train or operate its own internal models, provided those models cannot reproduce Distill Data.

5.3 Outputs

Output of an artificial intelligence system that reproduces Distill Data remains Distill Data.

6. Storage

Customer may store Distill Data in any form as reasonably needed to exercise its Use Rights during the Subscription Period.

7. Third-Party Content and Source Terms

7.1 Nature of Distill Data

Distill Data consists of headlines, short excerpts or summaries, metadata, classifications, and links to sources. Provider does not supply the full text of third-party articles or announcements. Section 7.4 (Content Disclaimer) of the Terms of Service applies to all Distill Data.

7.2 Removal Notices

If Provider notifies Customer that a specific item of Distill Data must be removed, for example following a request from a rights holder or a legal requirement, Customer will stop displaying or distributing that item to End Users or third parties within five business days of the notice. Provider may give these notices by email to Customer’s account administrators or through a removals list published in the Documentation or the API.

7.3 Source-Specific Terms

Some sources make data available on their own terms, such as attribution requirements. Provider may set out those terms in the Documentation, and Customer will comply with them when it displays or distributes the data concerned. Terms that Provider adds or changes apply only from the date Provider notifies Customer of them.

8. Usage and Fees

8.1 Allowance

The Order Form states the number of Tracked Companies included per calendar month. Unused allowance does not carry over to later months. Usage is measured from Provider’s records.

8.2 Overage

If Customer’s Tracked Companies in a calendar month exceed its allowance, Provider may invoice the excess at the overage rate in the Order Form, monthly in arrears. Provider may, but is not required to, notify Customer of overage or offer a move to a higher tier instead.

8.3 Limiting Usage

If Customer exceeds its allowance, Provider may limit Customer’s usage to the allowance and may require advance payment of expected overage. Customer may ask Provider to cap its usage at the allowance instead of incurring overage.

8.4 Plan Changes

Customer may ask to move to a higher tier at any time. The change takes effect when Provider confirms it in writing (email is sufficient), with Fees prorated for the remainder of the Subscription Period. Moves to a lower tier take effect at the start of the next renewal Subscription Period.

8.5 Disputes

Customer may dispute usage-based Fees under Section 4.7 (Payment Dispute) of the Terms of Service.

9. Rate Limits and API Usage Policy

Customer will comply with the API Usage Policy, including its rate limits. Provider may update the API Usage Policy at any time and will give reasonable notice of changes that materially restrict Customer’s use, except where a change is needed to protect the security or availability of the API. Provider may temporarily throttle requests to protect the API. During a Subscription Period, Provider will not reduce Customer’s rate limits below those in effect at its start, except by temporary throttling under this Section.

10. Changes to the API

Provider may change the API at any time. Provider will give at least 30 days’ notice before making a change to a generally available API version that removes functionality or breaks backward compatibility, unless the change is required for security or legal reasons or by a change in a third-party source. Endpoints and features labeled as beta may change or be removed without notice.

11. Availability and Coverage

Provider will use commercially reasonable efforts to keep the API available, as set out in Section 1.7 (Service Operation) of the Terms of Service. No service levels apply unless the Order Form states otherwise. Provider does not guarantee the coverage of any source, company, or item, or the timeliness of Distill Data, and may add or remove sources at any time.

12. Personal Data

Distill Data may include Personal Data, such as the names and roles of people associated with companies. Each party acts as an independent controller of that Personal Data, as set out in Section 12 of the DPA.

13. End Users

Customer is responsible for its End Users’ use of Distill Data and for their compliance with the restrictions that apply to it. Customer will not make any representation or warranty about Distill Data on Provider’s behalf.

14. Monitoring and Compliance

Provider may monitor use of the API to operate it, calculate Fees, and enforce these API Terms. On Provider’s request, made no more than once per year unless Provider reasonably suspects a breach, Customer will confirm in writing that its use of the API and Distill Data complies with these API Terms.

15. Suspension

Provider may suspend Customer’s access to the API or revoke API keys as set out in Section 2.2 (Suspension) of the Terms of Service.

16. Effect of Termination

16.1 Deletion

On expiration or termination of the Agreement or of Customer’s API access, Customer will stop accessing the API and, within 30 days (or, where Section 16.3 applies, within 30 days after the wind-down period ends), delete Distill Data it holds in bulk, in whatever form, including caches, databases, and embeddings. Copies in backups may be deleted in Customer’s normal backup cycle.

16.2 Retained Records

Customer may keep individual items of Distill Data that it has attached to specific records, such as reports or CRM entries (but not a bulk copy), for its internal reference, but may not use them to operate a product or database or make them available to others. Items that End Users have saved to their own records within the Customer Application may remain there.

16.3 Wind-Down

Where Customer has External Display rights, it may continue to display Distill Data already in the Customer Application for 90 days, or any other period stated in the Order Form, and will then remove it.

16.4 Confirmation

On Provider’s request, Customer will confirm in writing that it has complied with this Section 16.

17. Liability

Distill Data is Content under the Terms of Service. Sections 7.4 (Content Disclaimer), 8 (Limitation of Liability), and 9 (Indemnification) of the Terms of Service apply, including Section 8.4(h) for any intentional use of Distill Data beyond Customer’s Use Rights.

18. Changes to these API Terms

Provider may modify these API Terms as set out in Section 12.2 (Modifications, Severability, and Waiver) of the Terms of Service.

19. Survival

Sections 2.3, 2.4, 4, 5.2, 5.3, 7.2, 12, 13, 16, and 17 survive expiration or termination of the Agreement.