Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of all products and services of NewsCatcher, Inc. ("Company", "NewsCatcher", "we" or "us"), including the News API, CatchAll, the Agent, NewsMCP (its MCP server and REST API), the platforms at platform.newscatcherapi.com and newsmcp.com, data feeds and dataset deliveries (such as bulk files or data dumps), and any related APIs, software, documentation, dashboards, content, tools, features and functionality (collectively, the "Services"). New products we make available are covered by these Terms unless they come with their own terms.

"You", "your" and "Client" mean the user of the Services. If you use the Services on behalf of a company or other entity, "you" includes that entity, and you represent that you are authorized to bind it to these Terms and accept them on its behalf.

Acceptance. By creating an account, generating API or MCP credentials, or accessing or using any of the Services, you agree to these Terms, which form a legally binding agreement between you and the Company. If you sign a services agreement, order form or similar document with the Company (a "Services Agreement"), these Terms apply to it and form part of it. The Services Agreement sets out the commercial details, such as the Services, delivery method, fees, invoicing and payment terms, term, usage limits and any special terms. If a Services Agreement conflicts with these Terms, the Services Agreement controls, but only on the point it expressly addresses. References in these Terms to Client's account or plan include the Services and limits set out in a Services Agreement.

1.1 Company Provision of Services. Subject to these Terms, Company will provide the Services to Client and will use commercially reasonable efforts to maintain them in a manner that minimizes errors and interruptions.

1.2 License to the Services. Company grants Client, while Client's account is active and subject to these Terms and any usage limits in Client's plan or account, a non-exclusive, non-sublicensable, non-transferable, limited, revocable license to access and use the Services. For any Services delivered as software or documentation for use on Client's own devices, Company grants Client a non-exclusive, non-transferable, non-sublicensable license to use them while Client's account is active, only in connection with the Services. This access license is separate from, and does not limit, Client's rights in Output under Section 3.

1.3 Restrictions. Client will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying structure, ideas, know-how, or algorithms of the Services; (ii) modify, translate, or create derivative works of the Services themselves (this does not limit Client's rights in Output under Section 3); (iii) resell, sublicense, or provide access to the Services (including API keys) to third parties, or use them as a timesharing or service-bureau offering (this does not prevent Client from making Output available to its own end users through Client's own applications, as permitted by Section 3); (iv) use the Services to build a product that substitutes for the Services by repackaging Output, such as a competing news or web-search API, data feed or dataset, without Company's prior written approval; (v) remove any proprietary notices or labels; (vi) exceed the usage limits of Client's plan or account; (vii) remove attribution, source links or publication details that the Services include for Web Content; (viii) violate the Digital Millennium Copyright Act ("DMCA") or other applicable laws; (ix) interfere with, disrupt, or circumvent the security, rate limits or integrity of the Services; or (x) use Output as a factor in deciding an individual's eligibility for credit, insurance, employment, housing or any other purpose covered by the U.S. Fair Credit Reporting Act or similar laws. Company is not a consumer reporting agency. Screening of companies, adverse-media checks and anti-money-laundering or know-your-customer checks are permitted where they comply with applicable law.

1.4 Support. Company provides best-effort email support for self-serve accounts at support@newscatcherapi.com. Support and any service levels for Services Agreement customers are as set out in their Services Agreement; if it says nothing, the same best-effort email support applies.

1.5 Company Monitoring. Company has no obligation to monitor Client's use of the Services but may do so, and may prohibit or suspend any use it believes violates these Terms.

1.6 Control Over Services. As long as Company does not materially decrease the functionality of the Services during a paid subscription or Services Agreement term, Company retains sole control over the operation, provision, maintenance and performance of the Services, may change any software component of the Services, and may use global resources to provide them.

1.7 Free and Trial Plans. Free and trial plans have the usage limits and duration shown in Client's account or on Company's pricing page. They come without support commitments or service levels, and Company may change, limit or end them at any time. A free or trial plan does not turn into a paid plan unless Client chooses one.

1.8 Beta Features. Company may offer features labelled beta, preview or early access. They are provided as is, may change or be withdrawn at any time, and are not covered by any service levels. Section 3 applies to Output from beta features in the same way as to other Output.

1.9 Discontinuation. Company will give at least thirty (30) days' notice by email before discontinuing a paid product or API version, unless security, legal or third-party-provider reasons require less notice. If Company discontinues a paid product, Company will refund any prepaid, unused fees and credits for it.

2.1 Account. Client is responsible for keeping its account credentials, API keys and data-delivery access details confidential and secure, and for all use of its account, with or without its knowledge. Company may refuse registration or cancel credentials it considers inappropriate.

2.2 Compliance. Client will use the Services only in compliance with these Terms, Company's published policies, and all applicable laws, including the DMCA. Client is responsible for its own use of Web Content as described in Section 3.5.

2.3 Equipment. Client is responsible for obtaining, maintaining and securing any equipment and services needed to access the Services.

2.4 Third-Party Terms. Client is responsible for complying with the terms of any third-party software, content, service or website it loads, creates or accesses when using the Services.

2.5 Inputs. Client is solely responsible for the accuracy, quality and legality of its Inputs (defined in Section 3.2), including how it obtained them. Client should not submit sensitive personal data (such as health information, financial account numbers or government IDs) as Inputs.

2.6 Personal Data in Output. Output may include personal data about individuals mentioned in news or on web pages. Client is responsible for using such data lawfully, including under data protection laws such as the GDPR, and for handling requests from those individuals about Client's own use.

2.7 Acceptable Use. Client will not use the Services or Output to: (a) track, surveil or build profiles of private individuals, or harass or harm anyone; (b) create or spread unlawful, defamatory or deliberately deceptive content; (c) operate multiple accounts to obtain extra free credits or get around usage limits; or (d) breach the usage policies of the third-party AI model providers that power AI features of the Services (such as OpenAI and Anthropic), as listed on Company's sub-processor page.

3.1 Confidentiality. Each party (the "Receiving Party") may receive confidential business, technical or financial information from the other (the "Disclosing Party") ("Proprietary Information"). Proprietary Information of Company includes non-public information about the features and functionality of the Services. Proprietary Information of Client includes its Inputs. The Receiving Party will (i) take reasonable precautions to protect the Disclosing Party's Proprietary Information and (ii) not use it (except to perform under these Terms) or disclose it to any third party. These obligations do not apply to information that the Receiving Party can show (a) is or becomes public through no fault of its own, (b) it already knew, (c) it rightfully received from a third party without restriction, (d) it developed independently, or (e) it is required by law to disclose, after taking reasonable steps to limit the disclosure. Nothing in this Section 3.1 restricts Client from testing, benchmarking or publishing results about the Services under Section 3.8.

3.2 Definitions.

(a) "Inputs" means anything Client or its users submit to the Services, including queries, prompts, agent instructions, company or entity lists, uploaded files and settings.

(b) "Generated Data" means everything the Services write or compute, including the tables, rows, fields and rationales produced by AI features of the Services, and the summaries, labels, classifications, entities, sentiment, themes, scores, counts, clusters, and identifiers (such as story, event and article ids) that the Services return. Generated Data does not include Web Content.

(c) "Web Content" means anything the Services return that was taken from a third-party web page, such as page and article titles, headlines, snippets, excerpts, author names and images.

(d) "Facts" means dates, names, numbers, URLs and other facts, which no one owns.

(e) "Output" means everything the Services return to Client, including Generated Data, Web Content and Facts.

3.3 Inputs. Client owns its Inputs. Company uses Inputs only to provide, secure, bill and support the Services and to comply with law, as described in the Privacy Policy and the Data Processing Addendum. Company does not use Inputs, or Generated Data made for Client, to train or fine-tune models, and never shares Inputs with other customers. Company may use de-identified, aggregated usage statistics (such as request volumes, latency or error rates) that do not reveal Client's Inputs or identify Client.

3.4 Generated Data. Company owns Generated Data and grants Client a worldwide, non-exclusive, royalty-free, perpetual and irrevocable license to use Generated Data that Client received while its account was in good standing (that is, while any fees due were paid and its account was not suspended for breach of these Terms) for any lawful purpose, including to store, copy, modify, combine, publish, display to its own users, train models on, and include in products and services that Client sells, during and after its subscription, with no attribution to Company. The only exception: Client may not resell, sublicense or redistribute Generated Data itself, on a standalone or bulk basis (for example as a dataset, data feed or API, or as a substantial part of one), without Company's prior written approval. Because this license is non-exclusive, Company may generate and provide the same or similar Generated Data to other customers, but never Client's Inputs, anything that reveals them, or anything that identifies Client.

3.5 Web Content. Web Content belongs to the owners of the web pages it comes from, not to Company, so Company grants Client no rights in it. Company adds no restrictions of its own on Web Content, other than the removal process in Section 3.7. Client's use of Web Content is governed by the owners' rights and applicable law (including copyright, database rights and fair use), and Client is responsible for clearing any use that those rights require. The Services include source links and publication details so that Client can attribute Web Content.

3.6 Facts. Client may use Facts freely.

3.7 Removal Requests. If a site owner asks Company to remove its content and Company notifies Client, Client will stop displaying the affected Web Content within ten (10) business days. Site owners can send removal requests to support@newscatcherapi.com.

3.8 Benchmarks. Client may test and benchmark the Services and publish the results, naming Company.

3.9 Company Technology. Company owns all right, title and interest in the Services, including all software, models, algorithms, indices, databases, documentation, and improvements. Client grants Company a worldwide, royalty-free, perpetual and irrevocable license to use any suggestions or feedback Client provides, without obligation to Client. Except as expressly set out in these Terms, no rights are granted to Client.

3.10 Survival. This Section 3 survives termination of these Terms or of Client's account.

3.11 Account Types. Sections 3.1 to 3.10 apply equally to free, trial, pay-as-you-go and other paid accounts, including Services Agreement customers.

3.12 Client's Own Work. Client owns the reports, analyses, models, applications and other products it creates using Output, subject to Company's rights in Generated Data under Section 3.4 and third parties' rights in Web Content under Section 3.5.

4.1 Fees. Client will pay the fees for its plan as shown at sign-up, on Company's pricing page, in Client's account or in its Services Agreement. If Client's use exceeds its plan's usage limits or otherwise requires additional fees, Client will be billed for, and agrees to pay, such fees. For self-serve plans, Company may change fees at the end of the current billing period on thirty (30) days' prior notice, which may be sent by email. Prepaid credits are used at the prices in effect when they are used, so a price change may change how far unused credits go. Client must raise any billing dispute within sixty (60) days after the date of the charge.

4.2 Renewal and Cancellation. Self-serve subscription plans renew automatically at the end of each billing period, and Client authorizes Company and its payment processor to charge the payment method on file for each renewal. Client may cancel at any time in its account or by emailing support@newscatcherapi.com. Cancellation takes effect at the end of the current billing period, and Client keeps access until then.

4.3 Pay-As-You-Go Credits. Prepaid pay-as-you-go credits do not expire while Client's account remains open. Unused allowances included in a subscription plan do not roll over to the next billing period. Credits have no cash value and cannot be transferred.

4.4 Refunds. Fees and credits are non-refundable, except where these Terms expressly provide otherwise (Sections 1.9 and 7.3, termination by Client under Section 5.2 for Company's uncured breach, and Section 4.1 of the Data Processing Addendum) or where required by law.

4.5 Failed Payments. If a payment fails, Company may suspend paid features until the payment is made, and may close the account if payment is not made within thirty (30) days.

4.6 Taxes. Client is responsible for all taxes associated with the Services, other than U.S. taxes based on Company's net income. Fees are stated without taxes, and Company may add any applicable sales, use, value-added or similar taxes to its invoices. If Client is required by law to withhold or deduct any tax from a payment to Company, Client will increase the payment so that Company receives the full amount it would have received without the withholding or deduction.

4.7 Services Agreements. For Services Agreement customers, fees, invoicing, payment terms and the consequences of late payment are as set out in the Services Agreement. Fees are fixed for the term stated in the Services Agreement, and Client may not cancel for convenience during that term. Unless the Services Agreement says otherwise, at the end of each term it renews automatically for a period of the same length unless either party gives written notice of non-renewal at least sixty (60) days before the term ends, and Company may increase the fees for the renewal term by up to nine percent (9%) by giving written notice at least sixty (60) days before the term ends. Sections 4.2 and 4.5 apply to self-serve plans only.

5.1 Term. These Terms apply from the moment Client accepts them until Client's account is closed or terminated. Paid subscriptions run for the billing period of Client's plan and any renewals. Services Agreements run for the term stated in them and renew as described in Section 4.7.

5.2 Termination for Cause. Either party may terminate on thirty (30) days' notice (or without notice for non-payment) if the other party materially breaches these Terms and does not cure the breach within ten (10) days of notice, or if the other party becomes insolvent or subject to bankruptcy, receivership or an assignment for the benefit of creditors. Client will pay for the Services up to the last day they are provided.

5.3 Closing an Account. Client may close its account at any time through its account settings or by emailing support@newscatcherapi.com, subject to Section 4.2 for paid subscriptions and Section 4.7 for Services Agreements.

5.4 Effect of Termination. When Client's account is closed or terminated, Client's access to the Services ends and any unused credits lapse, except where Section 4.4 provides a refund. Client keeps its rights in Generated Data under Section 3.4. Company handles Client's account information and Inputs as described in the Privacy Policy and, where it applies, the Data Processing Addendum.

5.5 Survival. Sections that by their nature should survive termination survive, including Section 3, payment obligations, warranty disclaimers, indemnities and limitations of liability.

COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THEM. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE SERVICES AND OUTPUT ARE PROVIDED "AS IS" AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OUTPUT, INCLUDING GENERATED DATA, MAY BE INACCURATE OR INCOMPLETE, AND CLIENT IS RESPONSIBLE FOR EVALUATING IT BEFORE RELYING ON IT.

7.1 Company Indemnity. Company will defend Client against any third-party claim alleging that the Services' software or Generated Data, as provided by Company, infringes that third party's intellectual property rights, and will pay damages and costs finally awarded against Client or agreed by Company in settlement. Company's total liability under this Section 7.1 is limited to the fees Client paid Company in the twelve (12) months before the claim. Client must promptly notify Company of the claim, give Company sole control of its defense and settlement, and provide reasonable assistance. Company is not responsible for any settlement it does not approve in writing.

7.2 Exclusions. Section 7.1 does not apply to claims arising from (i) Web Content; (ii) Inputs; (iii) modifications to the Services or Generated Data not made by Company; (iv) combination with products, processes or materials not supplied by Company, where the claim relates to that combination; (v) Client continuing the allegedly infringing activity after being notified of it or of a change that would avoid it; or (vi) use of the Services in breach of these Terms.

7.3 Remedies. If the Services are, or Company believes they may be, found infringing, Company may at its option and expense (a) modify or replace them so they are non-infringing with substantially similar functionality, (b) obtain a license for Client to continue using them, or (c) if neither is commercially practicable, terminate Client's access and refund any prepaid, unused fees.

7.4 Client Indemnity. Client will indemnify and hold Company harmless against any damages, losses, liabilities, settlements and expenses (including reasonable attorneys' fees) arising from any third-party claim relating to (a) Client's breach of these Terms; (b) Client's Inputs; or (c) Client's use, distribution or display of Output, including Web Content, and including such use by Client's customers, end users or other third parties to whom Client provides Output. Company will promptly notify Client of any such claim and allow Client to control its defense and settlement, provided that Client may not settle any claim that imposes obligations on Company without Company's written consent, and Company may participate with its own counsel at its own expense.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, COMPANY AND ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE, LOSS, INACCURACY OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, LOSS OF BUSINESS, REVENUES OR PROFITS, OR DOWNTIME COSTS, OR FOR ANY DATA BREACHES OR HACKS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY'S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH ALL OTHER CLAIMS, EXCEED THE GREATER OF (1) THE FEES PAID BY CLIENT TO COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY AND (2) ONE HUNDRED U.S. DOLLARS (US$100), IN EACH CASE WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.1 Severability. If any provision of these Terms is unenforceable, it will be limited or removed to the minimum extent necessary, and the rest of these Terms remain in effect.

9.2 Assignment. Neither party may assign or transfer these Terms without the other party's prior written consent, except that either party may do so without consent to an affiliate, or to a successor in a merger, acquisition, corporate reorganization or sale of all or substantially all of its business or assets to which these Terms relate, provided that Client may not assign these Terms to a competitor of Company without Company's consent. The assigning party will notify the other party in writing. Any other attempted assignment is void. These Terms bind and benefit the parties' permitted successors and assigns.

9.3 Entire Agreement. These Terms, together with the Privacy Policy, the Data Processing Addendum and any Services Agreement, are the complete agreement between the parties on their subject matter and supersede all prior terms for the Services.

9.4 Relationship. No agency, partnership, joint venture or employment is created by these Terms.

9.5 Attorneys' Fees. In any action to enforce these Terms, the prevailing party may recover reasonable costs and attorneys' fees.

9.6 Notices. Company may send notices to the email address on Client's account. Client must send legal notices to support@newscatcherapi.com, with a copy by mail to NewsCatcher, Inc., 1321 Upland Drive, PMB 17947, Houston, TX 77043, United States. Notices are effective when received if delivered personally, the day after sending if sent by email or next-day courier, and on receipt if sent by certified or registered mail.

9.7 Governing Law and Disputes. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be decided exclusively by the state or federal courts located in Wilmington, Delaware, and each party consents to their jurisdiction. EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY SUCH DISPUTE. Each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any class, collective or representative action. Any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after it arises, or it is permanently barred. Either party may seek urgent injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, its confidential information or the Services.

9.8 Publicity. Client agrees to reasonably cooperate with Company as a reference account on request, and grants Company a license to display Client's name and logo on its website and marketing materials to show that Client is a customer.

9.9 Export Restrictions. Client may not export or re-export the Services in violation of the laws and regulations of the U.S. Department of Commerce, the U.S. Department of the Treasury Office of Foreign Assets Control, or any other U.S. or foreign authority. The Services and documentation are "commercial items" under applicable FAR and DFAR regulations, and any use by the U.S. Government is governed solely by these Terms. Client represents that it is not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and is not on, or owned or controlled by anyone on, a U.S. government restricted-party list (such as the OFAC Specially Designated Nationals List). Company may suspend or terminate access immediately if this changes.

9.10 Changes to These Terms. Company may update these Terms from time to time. For material changes, Company will give at least thirty (30) days' notice by email or in Client's account before they take effect; other changes take effect when posted. Client's continued use of the Services after a change takes effect means Client accepts it. Changes do not apply to a Services Agreement, which stays on the version of these Terms in force when it was signed, unless Client agrees to the change in writing (for example, by signing a new or amended Services Agreement).

9.11 Business Use. The Services are intended for business and professional use, not for personal, family or household purposes. Client must be at least 18 years old and able to form a binding contract.

9.12 Data Processing. Where Company processes personal data on Client's behalf, Company's Data Processing Addendum at https://www.newscatcherapi.com/company/legal/dpa, including its list of sub-processors at https://www.newscatcherapi.com/company/legal/sub-processors, forms part of these Terms and applies automatically. Company's Privacy Policy describes how Company handles personal data as a controller.

9.13 Earlier Versions for Signed Agreements. If a Services Agreement or other signed agreement refers to Company's terms and conditions by web link, the version in force on the date that agreement was signed continues to apply to it, unless the parties agree otherwise in writing.

9.14 General. Company's failure to enforce any provision is not a waiver of it. There are no third-party beneficiaries of these Terms. If these Terms are translated, the English version controls. Client agrees to receive notices and other communications from Company electronically.

9.15 Force Majeure. Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, such as natural disasters, war, terrorism, labor disputes, government action, or outages of internet, hosting or other third-party service providers.