Monotype API Terms of Service

Preamble
Monotype’s application programming interface(s) and its associated tools and documentation (“API”) permits you to receive Content from Monotype consisting of Font Software and additional information like AI-generated value-added services and search results around the usage of Font Software. By clicking on the “Accept” button and accessing or using the Monotype API and/or API Platform, you agree to be bound by the following terms and conditions (“Terms”).

Monotype reserves the right to update and modify these Terms or the documents incorporated herein by reference or link at any time. The most current version of these Terms can be found at http://developers.monotype.com. Monotype may amend these Terms by publishing a new version. You will be notified by email. Continued use of the API after such change constitutes acceptance of such changes.

Monotype partners with Google Apigee to provide its API services. Monotype’s API Platform is hosted and managed by Google Cloud Services. By accepting these Terms you agree that these Terms, are subject to Google’s Apigee terms and conditions, https://cloud.google.com/product-terms?hl=de#section-13, and you agree to be bound by all of Google’s Apigee terms and conditions applicable to end users. Furthermore, you represent and warrant that your own End Users accept and agree to be bound by the same when using the API.
API License & Intellectual Property Rights
You are granted a worldwide, non-exclusive, non-assignable, non-transferable license to access and use Monotype’s API and API Platform subject to all terms and conditions set forth herein and in other written agreements between the Parties relating to the API.

Your End Users are granted a worldwide, non-exclusive, non-assignable, non-transferable license to access and use Monotype’s API subject to accepting all terms and conditions set forth herein.

You shall be solely responsible for the correct licensing of any IP content, whether belonging to Monotype or a third party, you or your End Users use or get access to while using the API. The usage of the API alone does not constitute a license for any Font Software or other IP.

Nothing in these Terms transfers or assigns to you or your End Users any of Monotype’s IP Rights to the API or Font Software, Trademarks or other rights in intellectual property or technology.

Monotype retains all right, title and interest, including without limitation all IP Rights, in and to (i) the API and any and all elements and components thereof, including content, technology, software, code, documentation, and any derivative works and/or compilations thereof or relating to; (ii) the Font Software and other Content available through the API; (iii) the Monotype Trademark; (iv) the Data.

Monotype shall have the right to update, modify or suspend the API at any time. Monotype will continually develop and update the API to improve (or remove) existing features and add additional features as necessary. You are responsible for maintaining and updating the Customer Application/Platform as needed. For changes to the API that are not backward compatible (breaking changes), Monotype will ensure parallel operation of the old version for 90 calendar days. During this time, you may switch to the new API or discontinue its use.
Access
In order to be granted API access you’ll need to register on our API Platform, http://developers.monotype.com, by creating an account with a password and your email address.

You will need to register your Customer Application/Platform to get an API key. With this key you can subscribe to the API.

You agree to provide us with accurate and complete registration information and to notify us promptly of any changes to such information. Monotype may reject a registration at any time for any reason in our sole discretion and without notice.

You are responsible for maintaining the confidentiality of your registration information and key(s) and are fully responsible for any unauthorized use.
Your Obligations
You represent and warrant
- that any Font Software or IP you or your End Users upload on Monotype’s API Platform or the Customer Application/Platform via the API is correctly licensed with the respective rights holder for the aspired usage.
- that you and your End Users will use any Font Software Monotype delivers through the API only within the scope of a written license agreement you and/or your End Users have with Monotype for that Font Software.
- that you will bind your End Users to these Terms.
Restrictions
You and your End Users may not
- copy, transfer, sell, sublicense or otherwise make the API or any Monotype IP or Data available to a third party.
- use the API in a way that enables you or a third party to use the Font Software or API Platform in a way that is not covered by the respective license or these Terms.
- alter, adapt, combine, modify, translate, decompile, disassemble, or create derivative works of all or any parts of the API or the Monotype IP or the API Platform without the prior written consent of Monotype.
- directly or indirectly reverse engineer, disassemble, reconstruct, decompile, translate, modify, copy, or, other than as explicitly permitted hereunder, create derivative works of the API, API Platform or Font Software, or any aspect or portion thereof, including without limitation, source code and algorithms.
- access the API by any other means than the ones described in the documentation.
- use the API for developing own software that can be connected to the Font Platform.
- download Font Software on any device.
- use any of the metadata of Monotype’s Font Software or any other data you receive on the API Platform for your own purposes, including usage for machine learning, AI training or data mining purposes.
- cache any of the search results you receive on the API Platform or the Customer Application/Platform.
- violate any Google Apigee or Google Cloud terms of service which apply under these Terms.
- violate or attempt to violate the security or integrity of the API, the API Platform, or of any system, network, software application, or device, whether related to the usage of the API and/or API Platform, Monotype’s IP, or otherwise. This includes (i) accessing data or information not intended for you or your use, (ii) attempting to scan or test the vulnerability of the API and/or API Platform (iii) unauthorized access or use of the API Platform or breach of any security or authentication measures by tampering, hacking, modifying or otherwise corrupting them (iv) interception, monitoring or crawling of data or traffic on the API Platform, (v) interfering with the services or API Platform by means of overloading or “flooding”, (vi) transmitting material that contains viruses, trojan horses, worms, time bombs, cancelbots or other material that may compromise the security of the API and/or API Platform.
- distribute, publish, or allow access to the API, API Platform or Font Software from any location or source other than the Customer Application/Platform.
Termination
Monotype may, at its sole discretion, terminate the use of the API and API Platform at any time. If Monotype decides to terminate the use of the API, Monotype will provide 90 days’ prior notice to you via email.

The API and API Platform are subject to Monotype’s End of Life Policy: https://www.monotype.com/legal/monotype-end-life-policy
Personal Data
You represent and warrant that you and your End Users will comply with all applicable privacy and data protection laws, regulations and directives (including, if applicable, the EU General Data Protection Regulation 2016/679) while using the API and/or API Platform.

Monotype shall collect and use customer-related data only to the extent required for the performance of these Terms and any contractual agreements. You hereby consent to the collection and use of such data. You represent and warrant that you’ll have your End Users consent to the same before their initial use of the API.

For more information on data protection at Monotype, please refer to: https://www.monotype.com/legal/privacy-policy
Disclaimer Of Warranties
Monotype does not warrant that the API and/or API Platform are free of inaccuracies, errors, bugs or interruptions or that they are reliable, flawless or complete. Monotype does not warrant that the API and/or API Platform meet your requirements or that the Font Software or data received through the API meet your expectations.

Use of the API and/or API Platform shall be at your sole discretion and risk. You shall be solely responsible for any damages resulting from your and your End Users’ use of the API and/or API Platform, including damage to you or your End Users’ system or loss of data.
Limitation Of Liability
IN NO EVENT SHALL MONOTYPE BE LIABLE TO ANYONE, WHETHER IN CONTRACT OR TORT, FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY RELATED TO MONOTYPE’S SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE API, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE API, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE EVEN IF MONOTYPE OR ITS AFFILIATE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

For the avoidance of doubt, Monotype shall not be liable for the infringement of any third-party IP you or your End Users commit while using the Monotype API and/or API Platform.
Indemnification
You agree to hold harmless and indemnify Monotype, and its subsidiaries, affiliates and licensors, and their respective officers, agents, and employees, advertisers or partners, from and against any claim arising from or in any way related to your or your End Users’ use of the API, API Platform or any Monotype IP, violation of these Terms, violation of applicable laws and regulations, including, without limitation, data protection and/or privacy laws, or any other actions or claims connected with or related to the use of the API, API Platform or any Monotype IP, 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.
Governing Law & Jurisdiction
These Terms are governed by the laws of the Commonwealth of Massachusetts applicable to contracts wholly entered and performable within such Commonwealth (without regard to applicable conflict of law’s provisions). The United States District Court for the District of Massachusetts or, if federal subject matter jurisdiction is lacking, the Superior Court of the Commonwealth of Massachusetts in Middlesex County, shall be the exclusive forum for any disputes arising out of or related to these Terms. Both, you and Monotype agree to the personal jurisdiction and venue of these courts in any action related to these Terms. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Miscellaneous
In the event that any provision of these Terms is unenforceable or invalid, such unenforceability or invalidity shall not render the Terms unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or court decisions.

The applicability of any of your general terms and conditions is expressly excluded. No collateral agreements have been made.

You shall provide a valid email address for the provision of any notices and correspondence in connection with these Terms and shall notify Monotype via [email protected] of any change(s) to that email address thereafter.

March 2023

Definitions

API means Monotype’s application programming interface(s), allowing customers’ Customer Application/Platforms to access data and files from Monotype’s Font Software platform.

API Platform means the platform on which Monotype’s API are hosted and managed.

Content means the output you get when using the API which consists of Font Software and additional information such as Font Software features.

Customer Application/Platform means the tool, platform or application you register with according to section 3 and in which you want to use the Font Software provided by the API.

Data means any API and/or API Platform usage data Monotype may collect for AI training purposes. Such usage data may consist of response or search-related data or insights about Font Software usage as well as performance, availability and statistics of the API usage. Monotype will access, aggregate, analyze or save any data anonymously without it being possible to draw conclusions about individual customers.

End User means your customers using the API and/or API Platform.

Font Platform means Monotype Fonts, the platform that hosts Monotype’s Font Software library

Font Software means the font files you get when using the API, which when used on an appropriate device or devices, generates typefaces and typographic designs and ornaments. Font Software shall include all subsets and bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software and all copies of the Font Software in web font format used or accessed in conjunction with the rendering of web pages, including copies of web pages that may be temporarily cached. Font Software refers to individual digital files (and thus the digital representation of one weight – with the exception of variable fonts – and in a specific format), not typeface families (for example, Helvetica Now, or Arial), a typeface or a category of typefaces. Not all Font Software is available in all formats.

IP means all intellectual property rights, including: (a) copyrights and intellectual property rights in copyrightable and other works, moral rights, design rights and other sui generis rights (“Copyrights”), (b) trademarks, service marks, corporate names, trade names, logos, slogans, and other similar designations of source or origin, together with the goodwill symbolized by any of the foregoing (“Trademarks”), (c) intellectual property rights in Software (d) Patent Rights, (e) trade secrets or other proprietary rights in technical, scientific, manufacturing, regulatory and other information, inventions (whether or not patentable), discoveries, designs, results, techniques, database rights, data, databases, data collections and other know-how, including plans, processes, practices, methods, trade secrets, instructions, formulae, formulations, recipes, compositions, specifications, protocols, analytical and quality control information and procedures, test data and results, reports, studies, and marketing, pricing, distribution, cost and sales information (“Know-How”), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

IP Rights means any IP rights recognized by law, including any intellectual property right protected through legislation (such as that governing copyright, patents, industrial design, or integrated circuit topography) or arising from protection of information as a trade secret or as confidential information;

“Party” means a party to these Terms and “Parties” means both of them.

Personal Data means information that relates to an identified or identifiable individual. 

Terms means these terms and conditions

You means the holder of a license to access and use the API and API Platform.