API Terms of Use

This Terms of Use Agreement ("Terms") govern your access to, use of, and participation in the Thumbtack Pro API (the “API”) made available by Thumbtack, Inc. ("Thumbtack", "we", "our", or "us") and the entirety of your relationship with Thumbtack with respect thereto (except for any written agreements concerning other aspects of your relationship with us).

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE API, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE API.

All references to "you" or "your," as applicable, mean the person (natural or otherwise) who accesses, uses, and/or participates in the API in any manner, and each of your heirs, assigns, and successors. If you use the API on behalf of an entity, you represent and warrant that you have the authority to bind that entity and your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity, its directors, affiliates, officers, employees, and agents. Terms used but not defined herein shall have the meanings ascribed to them in the Thumbtack Terms of Use, as they may exist at any given time at https://www.thumbtack.com/terms/ (the “Thumbtack Terms of Use”).

By your acceptance of these terms, you also agree to the following sections of the Thumbtack Terms of Use: “Arbitration and Class Action Waiver”, and “Governing Law”. Each of those sections are incorporated by reference herein, mutatis mutandis.

Further, you agree to conduct all interactions via the API in accordance with the Thumbtack Terms of Use, including the provisions on Eligibility, Service Member Representations, Warranties, And Use Of The Platform; and on Prohibitions, and such terms are incorporated by reference, mutatis mutandis, for such purpose. Your access to the API may be removed at any time, including in connection with any violation of such terms.

Thumbtack’s Privacy Policy, as it exists at any given time at https://www.thumbtack.com/privacy/, governs our use of the messages you send pursuant to the API and any other information you provide to Thumbtack.

Thumbtack reserves the right, in its sole discretion, to modify these Terms, and any other terms incorporated by reference herein, at any time with prompt notice to you. Thumbtack will notify you of changes by sending you a message or notifying you when you access the API. You agree that your continued use of the API after any such notice of modification constitutes your acceptance of such modification. If you do not agree to the modifications, you agree that you will not access or use the API.

You agree to use your commercially reasonable efforts to assist Thumbtack in its implementation of the API, including by implementing the technical specifications for accessing the API (the “API Documentation”) that Thumbtack provides to you. Thumbtack may deliver revised API Documentation to you from time to time and you hereby acknowledge that failure to implement any changes associated therewith may result in the API failing to function as contemplated.

If you or any of your employees or other agents suspect the API’s functionality may be impaired, you will immediately inform Thumbtack. Thumbtack may, unless the applicable pro requests otherwise, pause any affected pro accounts on the Thumbtack platform and will investigate any such issues. Thumbtack makes no representation or warranty with respect to the availability of the API and shall not be liable for any down-time or impaired functionality with respect thereto. To the extent any API down-time was caused by Thumbtack, Thumbtack will use its commercially reasonable efforts to identify and refund any charges for contacts that were impacted by any down-time or other material (in Thumbtack’s discretion) API impairment.

Service Professionals may use the API to transmit data to a third party (each, an “API CRM”), such as transmitting data to a Service Professional’s customer acquisition workflow, or customer relationship management service.. Any data transmitted pursuant to the API (“API Data”) is User Content subject to the Thumbtack Terms of Use and Thumbtack Privacy Policy. Personal information shared through the API, including communications between a Consumer and a Service Professional must be processed in compliance with all applicable privacy laws. Consumers share their personal information with a Service Professional, who receives such information as a “business”, controller or similar designation under applicable privacy laws. If you process API Data as an API CRM, you shall process such API Data solely to provide services to the applicable Service Professional and you will otherwise comply with all privacy laws concerning such personal information. Service Professionals who use the API to transmit API Data to an API CRM further represent and warrant they shall contractually require the API CRM to comply with applicable laws, including data privacy laws. Except as required by applicable law, all API Data shall be promptly destroyed by the API CRM (but in any case within 5 business days) if the API CRM ceases to use the API or upon Thumbtack’s reasonable request in connection with Thumbtack’s compliance with applicable law. You will hold the API Data and the API Documentation (to the extent not publicly posted) in strict confidence (in accordance with the terms of any confidentiality agreement signed between you and Thumbtack, if applicable).

Any data transmitted pursuant to the API (“API Data”) is User Content subject to the Thumbtack Terms of Use and Thumbtack Privacy Policy. Personal information shared through the API by a Consumer with a Service Professional must be treated by the Service Professional and by you in compliance with all applicable privacy laws. Consumers share their personal information with a Service Professional as a third party, controller or similar designation under applicable privacy laws; however, if you are providing services on behalf of such Service Professional, such personal information has not been shared with you other than in connection with the services you provide to such Service Professional and you therefore agree that you will only use such personal information to provide such services to such Service Professional and that you will otherwise comply with all privacy laws concerning such personal information. Except as required by applicable law, you will destroy all API Data promptly (but in any case within 5 business days) if you cease to use the API or upon Thumbtack’s reasonable request in connection with Thumbtack’s compliance with applicable law. You will hold the API Data and the API Documentation (to the extent not publicly posted) in strict confidence (in accordance with the terms of any confidentiality agreement signed between you and Thumbtack, if applicable).

If you become aware of any unauthorized access to API Data, you must immediately notify Thumbtack, consult and cooperate with investigations and potentially required notices, and promptly provide any information reasonably requested by Thumbtack. You must also indemnify Thumbtack from any resulting damages and costs, including, without limitation, identity protection assistance and services procured for data subjects and reasonable attorneys’ fees and costs and technical consultant fees incurred by Thumbtack in connection with any such incident.

You agree to indemnify, defend and hold harmless Thumbtack, its directors, employees, representatives, officers and agents from and against any and all liability that may arise out of or in connection with your negligence, misconduct or fraud related to your use of the API, including but not limited to direct and indirect damages, losses, claims, costs, injuries, lost profits, loss of goodwill, property loss, property damage, personal injury, death, special damages, exemplary damages, consequential damages, punitive damages, and expenses (including but not limited to interest, attorney’s fees, and court costs).

No party will be liable with respect to these Terms for (a) any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill; (b) service interruption, computer damage or system failure; (c) the cost of substitute products or services; (d) any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms; (e) the use of or inability to use the API or the Thumbtack platform; (f) any communications, interactions or meetings with users of the Thumbtack platform or other persons with whom you communicate or interact with as a result of your use of the API; or (g) you or, if applicable, your client’s offering or providing pro services through the Thumbtack platform. Notwithstanding the foregoing, your obligations under the “Indemnification” and “API Data” sections above are excluded from the foregoing sentence.

If you are acting as a customer relationship management or similar service on behalf of a Thumbtack service professional you hereby agree that (i) nothing in these Terms alters the relationship between Thumbtack and any such service professional, (ii) when accessing the API and API Data, you are acting solely as an agent of such service professional, and (iii) Thumbtack is not selling you any data.