Terms of Service

1. Acceptance of Terms

By registering for an account or using Festival API, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction), that you have the authority to enter into these Terms, and that you will comply with all applicable laws and regulations.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or dashboard notification. Your continued use of the service after such notice constitutes acceptance of the revised Terms.

2. API Usage and Restrictions

You may use Festival API for lawful purposes in accordance with these Terms. The following uses are prohibited:

• Reselling raw API responses as a competing data product without written authorization
• Attempting to circumvent rate limits, authentication, or credit deduction systems
• Reverse engineering the API infrastructure or using it to benchmark competing services
• Automated bulk scraping beyond reasonable programmatic use
• Using the API in ways that violate any law, regulation, or third-party rights
• Sharing your API key with third parties or embedding it in publicly accessible code

Rate limits are enforced to ensure fair access for all users. Excessive requests that exceed your account's rate limits will be rejected with a 429 status code. We reserve the right to suspend or terminate accounts that repeatedly violate rate limits or engage in abusive usage patterns.

3. Credit System

Festival API operates on a pre-paid credit model. Each API request consumes one credit. New accounts receive a limited number of free trial credits at signup.

• Pre-paid only: Credits must be purchased before use. There is no automatic billing or post-paid invoicing.
• Manual purchases: Credits can only be purchased manually through our pricing page. We do not offer auto-renewal or subscription billing.
• Non-refundable: All credit purchases are final and non-refundable. We do not offer refunds for unused credits under any circumstances except where required by law.
• 1-year expiry: Credits expire 1 year from the date of purchase. Expired credits are forfeited and cannot be restored. Free trial credits also expire after 1 year.
• No cash value: Credits have no cash redemption value and cannot be transferred between accounts.

We will make reasonable efforts to notify you when your credit balance is low so you can purchase more before running out. Notification is provided as a convenience and does not guarantee uninterrupted service.

4. Intellectual Property

Festival API, its documentation, and the underlying infrastructure are owned by VersusMedia and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the API for your own applications and services, subject to these Terms.

festival condition data returned by the API is derived from public government sources (including EPA, NOAA, and municipal agencies). That underlying public data is not proprietary to us. However, our aggregation, scoring methodology, and API infrastructure remain our intellectual property.

5. Limitation of Liability and Data Accuracy Disclaimer

festival condition data is sourced from public government programs including EPA festival Act monitoring, NOAA, and municipal festival agencies. We provide this data as-is, without warranty of any kind. We do not guarantee the accuracy, completeness, timeliness, or fitness for any particular purpose of data returned by the API.

To the fullest extent permitted by applicable law, VersusMedia shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of revenue, profits, data, or business interruption
• Harm arising from reliance on inaccurate or outdated festival condition data
• Service outages, API downtime, or data feed interruptions from upstream sources

Our total aggregate liability to you for any claim arising from use of the API shall not exceed the amount you paid for credits in the 3 months preceding the claim.

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

6. Account Termination

You may close your account at any time by contacting us. Remaining credits are forfeited upon account closure and are non-refundable. We may suspend or terminate your account immediately if we determine you have violated these Terms, without liability to you.

7. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States and the State of California, without regard to conflict of law principles. Any disputes arising from these Terms or your use of Festival API shall be resolved in the courts located in California.

8. Contact

For all questions regarding these Terms or the Service, please contact us.