Particle Data Platform Terms of Service
Last Updated: April 27, 2026
1. INTRODUCTION AND SCOPE
1.1 Parties. This Particle API Terms of Service ("API Terms") is a binding agreement between Mina Labs, Inc., a Delaware corporation ("Particle," "we," "us," or "our"), and the entity or individual identified in the API account registration ("Customer," "you," or "your").
1.2 Scope. These API Terms govern your access to and use of the Particle application programming interfaces, including the Podcast Intelligence API and the News Intelligence API, and any associated documentation, software development kits, sample code, and related materials (collectively, the "API Services"). These API Terms do not govern Particle's consumer-facing website or mobile application, which are subject to separate terms of use.
1.3 Acceptance. By registering for an API account, accessing any API endpoint, or using the API Services in any manner, you represent that: (a) you have read, understand, and agree to be bound by these API Terms; (b) you have the legal authority to enter into these API Terms on behalf of yourself or the entity you represent; (c) if you are entering into these API Terms on behalf of an entity, all references to "you" or "your" refer to that entity; and (d) you are at least eighteen (18) years of age and have reached the age of majority in your jurisdiction of residence.
1.4 Supplemental Product Terms. Your use of specific API products is subject to the applicable Product Schedule attached hereto, which forms part of these API Terms. In the event of any conflict between these API Terms and a Product Schedule, the Product Schedule controls with respect to the applicable API product.
2. API ACCOUNT AND ACCESS
2.1 Registration. To access the API Services, you must register for an API account ("API Account") and provide accurate, current, and complete registration information, including your legal entity name and contact information. You agree to maintain and promptly update this information as needed.
2.2 API Keys. Upon registration, Particle will issue you unique API credentials ("API Keys"). You are responsible for maintaining the confidentiality and security of your API Keys and for all activity that occurs under your API Account. You will immediately notify Particle of any unauthorized use of your API Keys or any other security breach. Particle reserves the right to revoke or rotate API Keys at any time, with or without notice.
2.3 Approval. Particle reserves the right to approve or reject any API Account application in its sole discretion. Particle may also require additional information or documentation regarding your intended use of the API Services before granting access.
3. LICENSE AND USE RIGHTS
3.1 License Grant. Subject to your compliance with these API Terms and payment of all applicable fees, Particle grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) access the API Services using your API Keys; (b) integrate the API Services into your applications, products, or services ("Customer Applications"); and (c) display API Output (defined below) to end users of your Customer Applications, solely in accordance with these API Terms and the applicable Product Schedule. For the avoidance of doubt, Customer Applications include internal tools, dashboards, analytics platforms, and systems used for Customer's own business purposes, and end users include Customer's employees, authorized contractors, and, where Customer operates a business-to-business service, Customer's own customers and their authorized personnel.
3.2 API Output. "API Output" means all content, data, metadata, summaries, analytics, audio clips, transcripts, and other materials delivered to you through the API Services in response to your API requests.
3.3 Attribution Requirements. You must display all attribution information included in the API Output in a manner that is clearly visible to end users of your Customer Application. You may not remove, obscure, or modify any attribution information. Failure to comply with attribution requirements is a material breach of these API Terms.
3.4 Restrictions. You will not, and will not permit any third party to:
(a) use the API Services or API Output to train, fine-tune, or otherwise develop any machine learning model, artificial intelligence system, or similar technology;
(b) scrape, bulk download, cache, or systematically store API Output beyond what is reasonably necessary for display to end users within your Customer Application;
(c) redistribute, resell, sublicense, or otherwise make the API Output available to third parties outside of your Customer Application, including through any secondary API, data feed, or syndication service;
(d) use the API Output as a substitute for, or in a manner that reduces the need for end users to access, the original source content;
(e) remove, alter, or obscure any copyright notices, trademarks, attribution, or proprietary markings included in or accompanying the API Output;
(f) use the API Services in any manner that violates applicable law, including intellectual property laws, privacy laws, or regulations governing the content accessible through the API Services;
(g) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or data models underlying the API Services;
(h) use the API Services for any competitive intelligence purpose or to build a product or service that competes with the API Services;
(i) exceed any rate limits, usage quotas, or technical restrictions imposed by Particle;
(j) use the API Services in any manner that could damage, disable, overburden, or impair the API Services or interfere with any other party's use of the API Services;
(k) use the API Output in connection with any unlawful, defamatory, harassing, fraudulent, or otherwise objectionable activity; or
(l) knowingly permit any individual under the age of thirteen (13), or under the minimum age of digital consent in the applicable jurisdiction, to access API Output through Customer's Application. Customer is solely responsible for implementing age-gating or other measures necessary to comply with the Children's Online Privacy Protection Act (COPPA), the General Data Protection Regulation (GDPR), and any other applicable law governing the collection of personal information from minors.
4. FEES AND PAYMENT
4.1 Pricing. You will pay Particle for your use of the API Services in accordance with one of the following pricing models, as selected by you during registration or as otherwise agreed in writing between the parties: (i) pay-as-you-go, whereby you pay on a per-request basis at the rates published on Particle's API pricing page; or (ii) subscription, whereby you pay a fixed monthly fee plus overage fees on a per-request basis, each as set forth on Particle's API pricing page (collectively, the "Fees"). Particle reserves the right to increase the Fees upon thirty (30) days' prior written notice. Continued use of the API Services following the effective date of a Fee increase constitutes your acceptance of the new Fees.
4.2 Billing. Fees for the API Services will be billed as follows: (i) for pay-as-you-go customers, Particle will charge your payment method on file upon reaching a spend threshold specified by Particle or at the beginning of each calendar month for Fees incurred during the prior period, whichever occurs first; and (ii) for subscription customers, Particle will charge the fixed monthly fee at the beginning of each calendar month (or, for the first month of service, on the date of sign-up, pro-rated for the number of days remaining in such month), and any overage fees will be charged upon reaching a spend threshold specified by Particle or at the beginning of each calendar month for overage fees incurred during the prior period, whichever occurs first. All Fees are non-refundable, and fixed monthly fees are non-refundable even if you terminate prior to the end of a billing period, except as expressly set forth herein.
4.3 Taxes. All Fees are exclusive of taxes. You are responsible for all applicable sales, use, value-added, and other taxes, duties, and government assessments, excluding taxes based solely on Particle's net income.
4.4 Late Payment. Overdue amounts will accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. If any amount is more than thirty (30) days overdue, Particle may suspend your access to the API Services upon ten (10) days' written notice.
5. INTELLECTUAL PROPERTY
5.1 Particle IP. As between you and Particle, Particle and its licensors retain all right, title, and interest in and to the API Services, the API Output (excluding any underlying third-party content contained therein), and all related technology, documentation, and intellectual property. Nothing in these API Terms transfers any ownership of Particle's intellectual property to you.
5.2 Third-Party Content. "Publishers" means the third-party publishers, podcasters, content creators, licensors, syndicators, aggregators, distributors, platforms, and other content providers from whom Particle sources, licenses, or otherwise obtains content made available through the API Services. The API Output may contain content sourced from Publishers ("Source Content"). Particle does not claim ownership of Source Content. The inclusion of Source Content in the API Output does not transfer any ownership rights in such content to you.
5.3 Customer IP. As between you and Particle, you retain all right, title, and interest in and to your Customer Applications (excluding the API Services and API Output incorporated therein).
5.4 Feedback. If you provide Particle with any suggestions, ideas, or feedback regarding the API Services ("Feedback"), you grant Particle a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, and incorporate such Feedback into Particle's products and services without restriction or obligation.
5.5 Usage Data. Particle may collect and use aggregated, de-identified data regarding your use of the API Services ("Usage Data"), including request volumes, response times, error rates, and feature utilization. Particle owns all Usage Data and may use it for any lawful business purpose, including improving the API Services.
6. DISCLAIMERS
6.1 As-Is Basis. THE API SERVICES AND ALL API OUTPUT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PARTICLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
6.2 No IP Warranty. WITHOUT LIMITING THE FOREGOING, PARTICLE DOES NOT REPRESENT OR WARRANT THAT: (A) THE API OUTPUT DOES NOT INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS, PUBLICITY RIGHTS, OR OTHER PROPRIETARY RIGHTS; (B) YOUR USE OR DISPLAY OF API OUTPUT WITHIN YOUR CUSTOMER APPLICATION WILL NOT GIVE RISE TO ANY THIRD-PARTY CLAIMS; OR (C) THE SOURCE CONTENT INCLUDED IN THE API OUTPUT IS LICENSED OR AUTHORIZED FOR YOUR SPECIFIC USE CASE.
6.3 Content Accuracy. PARTICLE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY API OUTPUT, INCLUDING ANY SUMMARIES, ANALYTICS, OR INSIGHTS GENERATED BY PARTICLE'S AI SYSTEMS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE SUITABILITY AND ACCURACY OF API OUTPUT FOR YOUR PURPOSES.
6.4 Fair Use. CERTAIN API OUTPUT MAY INCLUDE CONTENT THAT PARTICLE ACCESSES AND PROCESSES UNDER THE FAIR USE DOCTRINE OR OTHER LEGAL PRINCIPLES. PARTICLE MAKES NO REPRESENTATION THAT THE FAIR USE DOCTRINE OR ANY OTHER LEGAL DEFENSE WILL PROTECT YOU OR YOUR END USERS FROM CLAIMS BY CONTENT OWNERS. YOUR USE OF SUCH CONTENT IS AT YOUR OWN RISK.
7. INDEMNIFICATION
7.1 Customer Indemnification of Particle. You will indemnify, defend, and hold harmless Particle and its officers, directors, employees, agents, affiliates, successors, and assigns ("Particle Indemnitees") from and against any and all third-party claims, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) ("Claims") arising out of or relating to: (a) your use of the API Services or API Output, including the display of API Output within your Customer Application; (b) your Customer Application, including any claims by end users or third parties related thereto; (c) your breach of these API Terms, including any use restriction or attribution requirement; (d) your violation of any applicable law, regulation, or third-party right; or (e) any allegation that your Customer Application or your use of the API Output infringes or misappropriates any third-party right.
7.2 Indemnification Procedures. Particle will: (a) promptly notify you of any Claim (provided that any delay will not relieve you of your obligations except to the extent you are materially prejudiced); (b) provide you with reasonable cooperation in the defense of the Claim, at your expense; and (c) grant you sole control of the defense and settlement of the Claim, provided that you will not settle any Claim that imposes any obligation on Particle or admits fault on behalf of Particle without Particle's prior written consent.
7.3 Particle Indemnification. Particle will indemnify, defend, and hold harmless you from and against any Claims to the extent arising from an allegation that the API Services themselves (excluding the API Output and any Source Content) infringe a valid United States patent or copyright of a third party. This indemnification obligation does not apply to Claims arising from: (a) modifications to the API Services made by you or at your direction; (b) your combination of the API Services with any other product, service, or technology not provided by Particle; or (c) your use of the API Services in violation of these API Terms.
8. LIMITATION OF LIABILITY
8.1 Exclusion of Consequential Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE API TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 Liability Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE API TERMS WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO PARTICLE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
8.3 Exceptions. The limitations in Sections 8.1 and 8.2 will not apply to: (a) your indemnification obligations under Section 7.1; (b) your breach of Section 3.4 (Restrictions); (c) your payment obligations under Section 4; or (d) either party's liability for fraud or willful misconduct.
8.4 Basis of Bargain. The parties agree that the limitations of liability set forth in this Section 8 are a fundamental element of the basis of the bargain between the parties, and Particle would not provide the API Services without such limitations.
9. TERM AND TERMINATION
9.1 Term. These API Terms are effective as of the date you first accept them or access the API Services and will continue until terminated in accordance with this Section 9.
9.2 Termination for Convenience. Either party may terminate these API Terms at any time upon thirty (30) days' prior written notice to the other party.
9.3 Termination for Cause. Either party may terminate these API Terms immediately upon written notice if the other party: (a) materially breaches these API Terms and fails to cure such breach within fifteen (15) days after receiving written notice thereof; or (b) becomes the subject of a bankruptcy, insolvency, receivership, or similar proceeding.
9.4 Suspension. Particle may immediately suspend your access to the API Services, without liability, if Particle reasonably believes that: (a) your use of the API Services poses a security risk or may adversely impact the API Services or other customers; (b) your use may subject Particle to liability; (c) you are in breach of these API Terms; or (d) your account is more than thirty (30) days overdue.
9.5 Effect of Termination. Upon termination: (a) all licenses granted under these API Terms will immediately terminate; (b) you will immediately cease all use of the API Services and delete all API Keys; (c) you will remove all API Output from your Customer Application within thirty (30) days of termination; and (d) each party will return or destroy all Confidential Information of the other party. Sections 5, 6, 7, 8, 9.5, 10, and 11 will survive termination.
9.6 Outstanding Fees. Termination will not relieve you of the obligation to pay any Fees accrued prior to the effective date of termination.
10. CONFIDENTIALITY
10.1 Definition. "Confidential Information" means any non-public information disclosed by one party to the other in connection with these API Terms that is designated as confidential or that the receiving party knows or reasonably should know is confidential, including API Keys, pricing, technical specifications, and business plans.
10.2 Obligations. The receiving party will: (a) hold Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party except to employees, contractors, and agents who have a need to know and are bound by obligations of confidentiality at least as protective as those herein; and (c) not use Confidential Information for any purpose other than performing its obligations or exercising its rights under these API Terms.
10.3 Exceptions. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party without restriction prior to disclosure; (c) is independently developed by the receiving party without use of or reference to the Confidential Information; or (d) is disclosed pursuant to a valid court order or legal requirement, provided the receiving party gives prompt notice and cooperates with any effort to obtain protective treatment.
11. GENERAL PROVISIONS
11.1 Governing Law. These API Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.
11.2 Dispute Resolution. Any dispute arising out of or relating to these API Terms will be resolved exclusively in the state or federal courts located in San Francisco, California, and each party consents to the personal jurisdiction and venue of such courts.
11.3 Assignment. You may not assign or transfer these API Terms, or any rights or obligations hereunder, without Particle's prior written consent. Particle may freely assign these API Terms. Any attempted assignment in violation of this section is void.
11.4 Force Majeure. Neither party will be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, pandemic, labor disputes, government actions, or internet or infrastructure failures.
11.5 Notices. All notices under these API Terms must be in writing and delivered by email or nationally recognized overnight courier. Notices to Particle must be sent to: Mina Labs, Inc., 454 Las Gallinas Ave #3093, San Rafael, CA 94939, with a copy to api@particle.news. Notices to you will be sent to the email address associated with your API Account.
11.6 Amendments. Particle may update these API Terms from time to time. Particle will provide you with at least thirty (30) days' prior written notice of any material changes. Your continued use of the API Services following the effective date of any update constitutes your acceptance of the revised terms. If you do not agree to the updated terms, you must stop using the API Services.
11.7 Severability. If any provision of these API Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.
11.8 Entire Agreement. These API Terms, together with any applicable Product Schedules, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous understandings regarding such subject matter.
11.9 Waiver. No waiver of any provision of these API Terms will be effective unless in writing and signed by the waiving party.
11.10 Privacy. Particle's collection and use of personal information in connection with the API Services is described in the Particle API Services Privacy Policy. By using the API Services, you acknowledge that you have read and understand the Privacy Policy.
11.11 Export Controls and Sanctions. Customer represents and warrants that: (a) Customer is not located in, organized under the laws of, or a resident of any country or territory subject to comprehensive U.S. economic sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) Customer is not, and no person or entity that owns or controls Customer is, identified on any U.S. government restricted party list, including the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control, the Denied Persons List or Entity List maintained by the Bureau of Industry and Security, or any similar list maintained by any other applicable governmental authority; (c) Customer will not directly or indirectly export, re-export, or transfer API Output or any technical data received through the API Services to any embargoed jurisdiction or restricted party; and (d) Customer will not use the API Services or API Output in connection with any end-use prohibited by applicable U.S. export control laws, including the development, design, manufacture, or production of nuclear, chemical, or biological weapons, or missile technology.