Terms of Service
Effective Date: December 4, 2018
The Executive Office of Technology Services and Security of the Commonwealth of Massachusetts (“EOTSS”) facilitates the use of public data in machine readable formats via a variety of application programming interfaces (each, an “API”). By accessing or using the EOTSS APIs you are agreeing to the terms and conditions below as well as any relevant sections of the Mass.gov Website Policies (collectively, “Terms” or “Agreement”).
The API service through which you interact with data owned by the Commonwealth of Massachusetts is subject to these Terms. Use of the API constitutes acceptance of these Terms.
You may use an API to search for, display, analyze, retrieve, view and otherwise ‘get’ the public data for analysis, application, and development.
You may not, under any circumstances and by any means, attempt to identify any individual(s) appearing in data or information accessed through an API from which identifying information has been removed for the purpose of anonymizing such individual(s). Likewise, you may not use data or information accessed through an API to attempt to re-identify any individual(s) in any list, dataset, or record published by the Commonwealth of Massachusetts. Any attempt to identify individuals where the intention of the Commonwealth of Massachusetts is to keep the identities of those individuals anonymous may result in civil or criminal penalties.
EOTSS makes no warranty, representation, or guarantee of any kind as to the quality, content, accuracy, timeliness, or completeness of any data or dataset provided through an API, or to the fitness of any data or dataset for any particular use. Any party making use of this API hereby expressly accepts and agrees to this stipulation.
When using content, data, documentation, code, and any related materials associated with the API in your own work, you should display the following notice prominently within the application: “This product uses an API provided by the Commonwealth of Massachusetts but is not endorsed or certified by the Commonwealth of Massachusetts or any other government agency.” You may use the Commonwealth of Massachusetts’s name or logo to identify the source of API content subject to these Terms. You may not use the Commonwealth of Massachusetts’s name or logo to imply endorsement of any product, service, or entity, not-for-profit, commercial or otherwise.
Modification or False Representation of Content
You may not modify or falsely represent content accessed through the API and claim that the source is the Commonwealth of Massachusetts.
Right to Limit
Your use of the API may be subject to certain limitations on access, calls, or use as set forth within this Agreement or otherwise provided by EOTSS. If EOTSS reasonably believes that you have attempted to exceed or circumvent these limitations, then your ability to use an API may be permanently or temporarily blocked. EOTSS may monitor your use of any API to improve the service or to ensure compliance with this Agreement. The Commonwealth may require the use of API keys to monitor usage and restrict access to the API. Furthermore, EOTSS reserves the right, at its sole discretion, to modify or replace its policies regarding any API keys to perform this monitoring and/or restriction of access.
EOTSS reserves the right to terminate the API at will for any reason whatsoever. If you wish to terminate this Agreement, you may do so by refraining from further use of the API. EOTSS reserves the right (though not the obligation) to (1) refuse to provide any or all APIs to you, if use violates any Massachusetts government policy, as determined in the sole discretion of EOTSS, or (2) terminate or deny you access to and use of all or part of any API at any time for any other reason in its sole discretion. All provisions of this Agreement which by their nature should survive termination shall survive termination including, without limitation, warranty disclaimers, indemnity, and limitations of liability, and in particular your obligation to avoid modification or false representation of the content provided to you through an API.
EOTSS reserves the right, at its sole discretion, to modify or replace this Agreement, in whole or in part. Your continued use of or access to the API following publication of any changes to this Agreement constitutes acceptance of those modified terms. EOTSS may, in the future, offer new services and/or features through the API. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Disclaimer of Warranties
The API platform is provided “as is” and on an “as-available” basis. While we will do our best to ensure the service is available and functional at all times, EOTSS disclaims all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. EOTSS makes no warranty that any API will be error free or that access thereto will be continuous or uninterrupted.
Limitations on Liability
In no event will EOTSS or the Commonwealth of Massachusetts and its departments and agencies be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (1) any special, incidental, or consequential damages; (2) the cost of procurement of substitute products or services; or (3) for interruption of use or loss or corruption of data.
By using this API platform, you agree to indemnify, defend, and hold harmless the Commonwealth of Massachusetts, including EOTSS and other departments and agencies, its contractors, employees, agents, and the like from and against any and all claims and expenses including attorney’s fees, arising out of your use of any of the APIs, including but not limited to violation of this Agreement.
This Agreement constitutes the entire Agreement between EOTSS and you concerning the subject matter hereof, and may only be modified by:
the publication of a revised version on these API Terms noted by the effective date above; or
an addendum to this Agreement regarding the use of a specific API.
No Waiver of Rights
EOTSS’s failure to exercise or enforce any right or provision of this Agreement shall not constitute waiver of such right or provision.