APIs Use Summary
When you apply to become an API Developer for 23andMe, you agree to comply with our APIs Terms of Service below. While all of the terms are all important, we would like to call your attention to the following terms:
Three Important Points You Agree to When Using Our APIs:
- You must clearly, conspicuously and accurately describe the data you are requesting from our customers and specifically how you will use and share such information with 23andMe and third parties.
- You will not make any statement that suggests that 23andMe endorses or sponsors your application.
- 23andMe may terminate your access to the APIs at any time, with or without cause, and upon such termination you must immediately cease all use of the APIs.
23andMe API Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE 23ANDME APIS.
- "23andMe" (or us, we, or our) means 23andMe, Inc., whose principal place of business is at 1390 Shorebird Way, Mountain View, CA 94043.
- "APIs" means the application programming interfaces provided by 23andMe in accordance with these Terms to allow you to develop applications that communicate with the 23andMe platform.
- "Terms" means this APIs Terms of Service.
2. Application, Acceptance and Registration
To use our APIs you must submit an application to receive a developer key from 23andMe here and accept the Terms. You represent, warrant and covenant that you will accurately describe in your application what end user information you collect (such as PII, login information and 23andMe account data) and how you use and share such information (including for advertising) with 23andMe and third parties. All information you disclose in your application may be used by 23andMe and will not be treated as confidential information. You are responsible for maintaining the secrecy and security of your developer key, and all activities that occur using your developer key are your responsibility. Once you are approved as a developer, you will need to register for a 23andMe account. In order to maintain accurate information (including a current email address and other required contact information) related your account, you must keep your 23andMe account information up-to-date. Your Developer Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Developers.
b. Acceptance of Terms
Your use of 23andMe's APIs (excluding any services provided by 23andMe under a separate agreement) is subject to the terms of the legal agreement between you and 23andMe set forth in these Terms. These Terms outline your rights and responsibilities when using our APIs, so read them carefully. You may not use the APIs if you do not accept the Terms. These Terms incorporates the terms of the 23andMe Terms of Service https://www.23andme.com/about/tos/ and the 23andMe Privacy Statement https://www.23andme.com/about/privacy/, including all future amendments or modifications thereto (collectively, and together with this document, the API Agreement ). Additional terms may also apply to the use of an API, including additional terms of service, terms within the accompanying API documentation, and any applicable policies or guidelines provided by 23andMe. If there is a conflict between these Terms and the additional terms, the additional terms apply for that conflict. If you use the APIs as an interface to, or in conjunction with other 23andMe services, then the 23andMe Terms of Service also apply. You may not use the APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with 23andMe, or (b) you are a person barred from using or receiving the APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the APIs.
In order to access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. You agree that any registration information you give to 23andMe will always be accurate and up to date.
3. Using Our APIs
a. Compliance with Law
You will use our APIs only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the APIs to encourage or promote illegal activity. You agree to provide assistance to 23andMe in verifying your compliance with these Terms by providing us information related to or access to your use of our APIs. If, in 23andMe's sole discretion, you do not demonstrate full compliance with these Terms, we may restrict or terminate your access to the 23andMe APIs.
b. Your End Users' Compliance with Law
You will require your end users to comply with all applicable laws and this API Agreement. You will not knowingly enable your end users to violate any applicable law or this API Agreement. You agree to provide assistance to 23andMe in verifying your end users compliance with these Terms by providing us information related to or access to your end users use of our APIs. If, in 23andMe's sole discretion, you do not demonstrate full compliance with these Terms, we may restrict or terminate your access to the 23andMe APIs.
c. Permitted Access
You will only access (or attempt to access) an API by the means described in the documentation of that API. If 23andMe assigns you developer credentials or an ID, you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your API client's identity when using the APIs or developer accounts.
d. API Limitations
23andMe may set limits on the number of API requests that you can make, at its sole discretion. For example, 23andMe may limit the maximum content that may be accessed, and/or the number of network calls that your use may make via the 23andMe APIs. 23andMe may change such usage limits at any time, and/or may utilize technical measures to prevent over-usage and/or stop usage of our APIs by an application after any usage limitations are exceeded. You agree to such limitations and will not attempt to circumvent such limitations.
e. Monitoring and Auditing
23andMe may monitor the use of the APIs to ensure quality, improve 23andMe products and services, verify your compliance with these terms, or for any other purpose. You agree to not interfere with such monitoring and will provide 23andMe with any assistance to overcome such interference should it arise from your use of our APIs. In addition, 23andMe may use any technical means to overcome such interference.
You agree to use reasonable efforts to retain all applicable books and records related to your use of the APIs while you continue to use the APIs and for three (3) years thereafter. 23andMe or 23andMe's authorized representative may upon reasonable notice inspect and audit your books and records with respect to your use of the APIs for the sole purpose of evaluating compliance with these Terms. You agree to reasonably cooperate with 23andMe's audit procedures and upon request provide all relevant information to 23andMe in a timely manner.
f. Communication with 23andMe
You agree that we may send you certain communications in connection with your use of the APIs. 23andMe notifications, whether such communications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website pages, as determined by 23andMe in its sole discretion. 23andMe reserves the right to determine the form and means of providing communications to you, provided that you may opt out of certain means of notification. Please review the applicable API documentation for information about opting out of certain types of communication.
You have no obligation to give us any suggestions, comments or other feedback ("Feedback") relating to our APIs, our materials or our websites. However, we may use and include any Feedback that you voluntarily provide to improve our products, services or technologies. Accordingly, if you provide Feedback, you agree that we may freely use, reproduce, license, and distribute such Feedback. You also agree not to provide Feedback that you know is subject to any intellectual property claim by a third party or any license terms which would require products or services derived from such Feedback to be licensed to or from, or shared with, any third party. If you provide Feedback about our APIs, then you agree that we may use such information without obligation to you.
4. Your API Clients
a. API Clients
The APIs are designed to help you enhance your websites and applications ("API Client(s)"). 23andMe reserves the right to investigate any API Client for compliance with these Terms. Such investigations may include 23andMe accessing and using your API Client, for example to identify security issues that could affect 23andMe or its users. You consent to any such investigation. 23andMe may suspend access to our APIs by you or your API Client without notice if we reasonably believe that you are in violation of these terms.
You will use best efforts to protect user information collected by your API Client, including personally identifiable information (PII), from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information.
23andMe does not acquire ownership in your API Clients (except to the extent that your API Clients contain 23andMe Materials), and by using our APIs, you do not acquire ownership of any rights in our APIs or the content and data that is accessed through our APIs. As between 23andMe and you, the APIs, 23andMe content, 23andMe Brand Features (as defined below) and all intellectual property rights therein and thereto ("23andMe Materials") are and shall at all times remain the sole and exclusive property of 23andMe and are protected by applicable intellectual property laws and treaties. Except for the express licenses granted in these Terms, 23andMe does not grant you any right, title or interest in the 23andMe Materials.
You represent and warrant to 23andMe that, excluding 23andMe Materials, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your API Clients, and that use by 23andMe and our users of your API Clients shall not violate the rights of any third party (e.g., copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law, including the laws of any country in which your API Clients are made available. During the term of these Terms you hereby grant to us a paid-up, royalty-free, nonexclusive, worldwide irrevocable right and license, under all of your intellectual property rights, to: (i) use, perform, and display your API Clients and its content for purposes of marketing, demonstrating, and making your API Clients available to users; (ii) link to and direct users to your API Clients; (iii) use, copy, perform, publish and display your name, trademarks and/or logos on 23andMe's website for purposes of listing 23andMe's API developers; and (iv) sublicense the foregoing rights to our affiliates. Following the termination of these Terms and upon written request from you, we shall make commercially reasonable efforts, as determined in our sole discretion, to remove all references and links to your API Clients from the 23andMe service. 23andMe shall have no other obligation to delete copies of, references to, or links to, your API Clients.
d. User Privacy
Furthermore, when requesting information from end users to use your API Clients, you must clearly, conspicuously and accurately describe the data you are requesting to collect from end users (such as PII, login information and 23andMe account data) and specifically how you will use and share such information with 23andMe and third parties.
5. Rules and Prohibitions
a. API Rules
In addition to the other requirements contained in these Terms you agree to:
- provide only accurate identification, contact, and other information as required as part of requesting developer keys from 23andMe or through registration;
- ensure that your use or display of 23andMe Materials, particularly 23andMe Brand Features, does not suggest that 23andMe promotes or endorses you or any third party or the causes, ideas, web sites, products or services of you or any third party;
- ensure that the fundamental meaning of the 23andMe Materials is not changed or distorted;
- at all times comply with the 23andMe Brand and Trademark Use Guidelines, as they may be updated from time to time; and
- at all times maintain the value and reputation of the APIs and 23andMe brand or name, to the best of your abilities.
b. API Prohibitions
When using the APIs, the following prohibitions apply, and you agree, acknowledge and represent as follows:
- You will not sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.
- You will not perform an action with the intent of introducing to 23andMe products and services worms, defects, Trojan horses, malware or any items of a destructive nature.
- You will not defame, abuse, harass, stalk or threaten others.
- You will not interfere with or disrupt the APIs or the servers or networks providing the APIs.
- You will not promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
- You will not copy, adapt, reformat, reverse-engineer, disassemble, decompile, translate or otherwise modify the APIs, developer keys, our Website or any content displayed on it, or any of our other services, through automated or other means, except to the extent that this restriction is expressly prohibited by applicable law.
- Certain developer credentials are, by their nature, considered confidential. You will not disclose such confidential credentials to any third party except your agent(s) using such information solely on your behalf in accordance with these terms and under a written duty of confidentiality.
- Our communications to you may contain 23andMe confidential information. If you receive or communications that are clearly confidential or marked confidential, then you will not disclose the 23andMe confidential information to any third party without 23andMe's prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of 23andMe services or collect information about users for any unauthorized purpose.
- You will not use the APIs in an application that contains or displays or promotes any of the following: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, the sale of tobacco or alcohol to persons under twenty-one (21) years of age, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, or weapons and accessories.
- You will not use the APIs in an application that competes with products or services offered by us.
- You will not sell, lease, share, transfer, or sublicense any 23andMe Material obtained through the APIs, directly or indirectly, to any third party, including any data broker, ad network, ad exchange, or other advertising or monetization-related party
a. Content Accessible Through our APIs
Our APIs contain some third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content but we make no representations that we have reviewed such content and your use of such content is at your risk. Finally, content accessible through our APIs may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with local laws, regulations, policies or us.
b. Submission of Content
Some of our APIs allow the submission of content, and except as expressly provided in these Terms, 23andMe does not acquire any ownership of any intellectual property rights that you or your end users hold in the content that you submit to our APIs through your API Client. By submitting, posting or displaying content to or from the APIs through your API Client, you give 23andMe a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such content. However, 23andMe will only use such content for the purpose of enabling 23andMe to provide the APIs or to provide you with the applicable service and only in accordance with the applicable 23andMe privacy policies. You agree that this license includes a right for 23andMe to make such content available to other companies, organizations or individuals with whom 23andMe has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services. Before you submit content to our APIs through your API Client, ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.
c. Retrieval of content
When a user's non-public content is obtained through the APIs, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.
d. Data Portability
23andMe supports data portability. By accessing users' data through the APIs for use in any of your services or applications, you agree to enable your users of any such service or application to export their equivalent data to other services or applications of their choice in a way that's substantially as fast and easy as exporting such data from 23andMe products and services, subject to applicable laws.
e. Prohibitions on Content
Unless expressly permitted by the content owner or by applicable law, you agree that you will not, and will not permit your end users to, do the following with content returned from the APIs:
- Scrape, build databases or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
- Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display or sublicense to any third party;
- Misrepresent the source or ownership; or
- Remove, obscure, or alter any copyright, trademark or other proprietary rights notices, falsify or delete any author attributions, legal notices or other labels of the origin or source of material.
7. Brand Features; Attribution
a. Brand Features
"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, these terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of 23andMe's Brand Features (including any goodwill associated therewith) will inure to the benefit of 23andMe.
You agree to display any attribution(s) required by 23andMe as described in the documentation for the API. 23andMe hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license during the term of your use of the API to display 23andMe's Brand Features for the purpose of promoting or advertising that you use the API, solely as described in the 23andMe Brand and Trademark Use Guidelines. You must only use the 23andMe Brand Features in accordance with these terms and for the purpose of fulfilling your obligations under this Section. In using 23andMe's Brand Features, you must follow the 23andMe Brand and Trademark Use Guidelines. You understand and agree that 23andMe has the sole discretion to determine whether your attribution(s) and use of 23andMe's Brand Features are in accordance with the above requirements and guidelines.
You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by or endorsement by 23andMe without 23andMe's prior written approval.
d. Promotional and Marketing Use
In the course of promoting, marketing, or demonstrating the APIs you are using and the associated 23andMe products, 23andMe may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.
8. Privacy Protection
By using our APIs, you agree that 23andMe can use any submitted information at www.23andme.com/about/privacy.
You may stop using our APIs at any time. If you want to terminate these Terms, you must provide 23andMe with 7 days prior written notice and upon termination, cease your use of the applicable APIs. 23andMe reserves the right to terminate these terms or discontinue the APIs and/or your access to the APIs or any portion or feature for any reason or no reason and at any time without liability or other obligation to you.
b. Your Obligations Post-Termination
Upon any termination of these Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the 23andMe Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5. 23andMe may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.
c. Surviving Provisions
When these Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 1, 4(c), 8, 9, 10 and 12.
10. Liability for our APIs
a. NO WARRANTY
SOME OF THE 23ANDME APIS MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. 23ANDME DOES NOT REPRESENT OR WARRANT THAT ANY 23ANDME APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. NEITHER 23ANDME NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE APIS OR 23ANDME MATERIALS. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE QUALITY OF THE APIS OR THE CONTENT ACCESSED THROUGH THE APIS, THEIR RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. THE APIS AND CONTENT ACCESSED THROUGH THE APIS 23ANDME MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE". SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL IMPLIED WARRANTIES.
b. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, 23ANDME, AND ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, DISTRIBUTORS OR LICENSORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF 23ANDME, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY WARRANTIES THAT MAY NOT LEGALLY BE EXCLUDED, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APIS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE APIS AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. NOTHING IN THESE TERMS LIMITS YOUR RESPONSIBILITY FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IN ALL CASES, 23ANDME, AND ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, DISTRIBUTORS OR LICENSORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify 23andMe, and its subsidiaries, affiliates, officers, agents, and employees, or partners, from and against any third party claim arising from or in any way related to:
- your misuse or your end user's misuse of the APIs or 23andMe Materials; or
- your violation or your end user's violation of these Terms,
including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, 23andMe will provide you with written notice of such claim, suit or action.
You acknowledge that your breach of these Terms may cause irreparable harm to 23andMe, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which 23andMe may be legally entitled, 23andMe shall have the right to seek immediate injunctive relief in the event of a breach of these Terms by you or any of your officers, employees, consultants or other agents.
11. Fees and Payments
The APIs are currently provided for free, but 23andMe reserves the right to charge fees for the future use of and/or continued access to the APIs in our sole discretion. If we do charge a fee for use of the APIs or any tools and features, you do not have any obligation to continue to use our resources.
12. General Provisions
We may modify these Terms or any additional terms that apply to an API occasionally, for example, to reflect changes to the law or changes to our APIs. We'll post notice of modifications to these terms or the additional terms within the documentation of each applicable API. Changes are effective seven (7) days after they are posted. However, changes specific to new functionality for an API or changes made for legal reasons will be effective immediately. You agree that your continued use of the API constitutes an acceptance of the modified terms.
These Terms control the relationship between 23andMe and you. They do not create any third party beneficiary rights. If you do not comply with these Terms, and 23andMe does not take action right away, this does not mean that 23andMe is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of California, U.S.A., excluding California's choice of law rules, will apply to any disputes arising out of or related to these terms or the services. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA, AND YOU AND 23ANDME CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS. You may not assign these Terms, in whole or in part, without 23andMe’s prior written consent. Any assignment in violation of this section is null and void. The section headings and subheadings contained in these Terms are included for convenience only, and shall not limit or otherwise affect the terms of these Terms.
Last Updated 2014-01-22