Epsilon API Terms of Use

Epsilon, successor in interest to Citrus Ad International, Inc., along with our affiliate Conversant LLC and our other affiliated Epsilon entities, is an advertising company ("Epsilon", "we", "us", or "our"). We are part of the Publicis Groupe, headquartered in France, but with operations around the world.

BY ACCESSING OR USING ANY EPSILON API, including within a software application, website, tool, service, or product you create or offer to customers or visitors (your "Site"), YOU ARE AGREEING TO THESE TERMS and to comply with any accompanying documentation that applies to your use of the Epsilon APIs ("API Terms"). YOU REPRESENT AND WARRANT TO US that you have the authority to accept these API Terms on behalf of yourself, a company, and/or other entity, as applicable. Epsilon may change, amend, or terminate these API Terms at any time. Your use of the Epsilon APIs after any change or amendment means you agree to the new API Terms. If you do not agree to the new API Terms or if we terminate these API Terms, you must stop using the Epsilon APIs.

Defined Terms.

1.1. "Epsilon APIs" means (i) any form of machine accessible application programming interface that Epsilon makes available which provides access to a Epsilon Offering, including all associated tools, elements, components and executables therein, (ii) any Epsilon sample code that enables interactions with a Epsilon Offering, and (iii) documentation that Epsilon makes available to help enable your access to the Epsilon APIs. The Epsilon APIs include:
a. the Epsilon Authentication API;
b. the Epsilon Catalog & Products API;
c. the Epsilon Customer Data API;
d. the Epsilon Segment Data API;
e. the Epsilon Order Data API;
f. the Epsilon Filter Mapping API;
g. the Epsilon Cross-sell Category API;
h. the Epsilon Suggested Search Term API;
i. the Epsilon Product and Banner Generation API;
j. the Epsilon Campaign API;
k. the Epsilon Billing API;
l. the Epsilon Team API;
m. the Epsilon Bulk Operation API;
n. the Epsilon Reporting API;
o. Any other Epsilon APIs that enable access to information data in relation to an Epsilon Offering.
1.2. “Epsilon Offering” means an online service offered by Epsilon and includes Epsilon’s auction-based advertising platform services.
1.3. “Data” means all data and information made available to you via the Epsilon APIs.
1.4. “Intellectual Property Rights” means any and all copyright (including rights in computer software), database rights, trademarks, trade names, domain names, patent rights and inventions (whether patentable or not), including design rights, and expertise.
1.5. “Laws” means all applicable federal, state, and local laws, rules, regulations, ordinances, and codes, including without limitation privacy laws, consumer protection laws, data security laws, advertising laws and regulations, and anti-corruption and anti-bribery laws.

2. Scope and Account Registration

2.1. These API Terms govern your use of Epsilon APIs except:
a. if you have entered into another agreement with Epsilon that expressly supersedes these API Terms and governs your use of specific Epsilon APIs, or
b. for any APIs other than the APIs listed in section 1.a. of these terms, if you access APIs that present accompanying terms ("Accompanying Terms") and you have accepted those Accompanying Terms, then those Accompanying Terms will apply to your access of those APIs.
2.2. In order to access and use the Epsilon APIs, you may be required to register an account with Epsilon. You represent and warrant to Epsilon that the information you provide to register is true, accurate, and current. You must keep your account registration information up-to-date. Once you have successfully registered, you will be given access credentials. "Access Credentials" means the necessary security key, password, token, and other credentials to access the Epsilon APIs. Access Credentials are non-transferable and non-assignable and should be kept confidential by you. All activities that occur using your Access Credentials are your responsibility.
2.3. Epsilon reserves the right to validate account registration information with you and you will cooperate with any reasonable request coming from Epsilon related to such validation. Furthermore, Epsilon reserves the right to remove access to any part or all of the Epsilon APIs, Data and/or your account after registration in our sole discretion at any time and for any reason.

3. Epsilon APIs License and Restrictions.

3.1. Epsilon APIs License. Subject to your compliance with all the API Terms, Epsilon grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to use the Epsilon APIs in relation to your Site. You may use the Epsilon APIs only as expressly permitted in these API Terms. Violation of these API Terms may result in the suspension or termination of your use of the Epsilon APIs.
3.2. Epsilon APIs Guidelines. You will:
a. Use best efforts in limiting the number of calls made to the Epsilon APIs;
b. Ensure that usage of the Epsilon APIs is aligned with the declared purpose of your Site; and
c. Access and use the Epsilon APIs and Data only as permitted by, and on behalf of, the party that provided access to the Data being used.
3.3. Epsilon APIs Restrictions. You may NOT:
a. Use the Epsilon APIs in a way that could impair, harm or damage Epsilon, the Epsilon APIs, any Epsilon Offering, or anyone's use of the Epsilon APIs or any Epsilon Offerings;
b. Disclose or otherwise permit access to any Data to any person or entity other than the party that provided you with access to the particular Data being disclosed (except as required by law or legal process);
c. Use the Epsilon APIs to disrupt, interfere with, or attempt to gain unauthorized access to services, servers, devices, or networks connected to or which can be accessed via the Epsilon APIs;
d. Scrape, build databases or otherwise create copies of any Data accessed or obtained using the Epsilon APIs, except as necessary to enable an intended usage scenario for your Site;
e. Use an unreasonable amount of bandwidth, or adversely impact the stability of the Epsilon APIs or the behavior of other sites using the Epsilon APIs;
f. Not conduct (either directly or indirectly) any stress tests (or similar) of the Epsilon APIs;
g. Attempt to circumvent any limitations Epsilon sets on your use of the Epsilon APIs;
h. Use Epsilon APIs in any manner that works around any technical limitations of the Epsilon APIs or of the accessed Epsilon Offering, or reverse engineer, decompile or disassemble the Epsilon APIs, except and only to the extent that applicable law expressly permits, despite this limitation;
i. Use the Epsilon APIs, or any Data obtained using the Epsilon APIs, to identify, exploit or publicly disclose any potential security vulnerabilities;
j. Use the Epsilon APIs or allow any user to use the Site in a way that violates applicable law, including:
• Illegal activities, such as child pornography, gambling, piracy, violating copyright, trademark or other intellectual property laws.
• Intending to exploit minors in any way.
• Accessing or authorizing anyone to access the Epsilon APIs from an embargoed country as prohibited by the U.S. government.
• Threatening, stalking, defaming, defrauding, degrading, victimizing or intimidating anyone for any reason.
• Violating applicable privacy laws and regulations.

4. Security.

4.1. You warrant that your Site has been developed in a manner so as to operate with the applicable Epsilon API(s) securely. Your network, operating system and the software of your servers, databases, and computer systems (collectively, "Systems") must be properly configured to securely operate your Site and store content collected through your Site (including the Epsilon API content and Data).
4.2. You shall use all reasonable legal, organizational, physical, administrative and technical measures, and security procedures to safeguard and ensure the security of the Data and to protect the Data from unauthorized access, disclosure, duplication, use, modification, or loss, including without limitation, any reasonable requirement as may be requested by Epsilon.
4.3. You will respond to any questions by Epsilon about your compliance with these API Terms.
4.4. In the event of a data breach by you resulting from any aspect of the Epsilon APIs involving your Site or any Data collected through your Site, you will promptly contact the Epsilon Data Privacy Officer ([email protected]) and provide details of the data breach. You agree to refrain from making public statements (e.g., press, blogs, social media, bulletin boards, etc.) without prior written and express permission from Epsilon in each instance as it relates to the Epsilon APIs.

5. Compliance with Applicable Data Protection Law.

5.1. You and your Site must comply with Law, including without limitation that you shall use and disclose data solely in accordance with Applicable Data Protection Law. “Applicable Data Protection Law” means any and all laws or regulations relating to the processing of personal data and privacy in the relevant jurisdiction that are applicable to a party, which may include, without limitation: (i) in respect of the EU, the Data Protection Directive (Directive 95/46/EC) and the E-Privacy Directive (Directive 2002/58) and all applicable national legislation implementing such Directives or the General Data Protection Regulation (GDPR) (Regulations (EU) 2016/679); (ii) in respect of the US, all federal and state legislations relating to privacy and the protection of personal data, such as the rules of the Federal Trade Commission, the Children Online Privacy Protection Act, and the California Consumer Privacy Act 1998; (iii) in respect of Australia, the Privacy Act of 1988 and all applicable legislation implementing it. For avoidance of doubt, such Applicable Data Protection Law shall only apply to a party that is subject to the territorial scope of such laws or regulations.
5.2. If you have access to any identifying or personal data of any end user based on any use of or interaction with your Site, you will (i) provide legally adequate privacy notices to such end user; (ii) obtain any necessary consent from the end user for the collection, use, transfer, and storage of such information; (iii) use and authorize others to access and use the information only for the purposes permitted by the end user; and (iv) ensure the information is collected, used, transferred, and stored in accordance with applicable privacy notice(s) and Applicable Data Protection Law.
5.3. For the Data you obtain through the Epsilon APIs, you must:
a. implement proper retention and deletion policies, including deleting all data when your user abandons your Site, uninstalls your Site, closes its account with you, or abandons its account, and
b. maintain and comply with a written statement available to visitors that describes your privacy practices regarding data and information you collect and use ("Your Privacy Notice"), and that statement must be at least as protective as the applicable Epsilon Privacy Policy.
5.4. Nothing in the Agreement shall be construed as creating a joint controller or processor-subprocessor relationship between you and Epsilon.

6. Intellectual Property.

Each party remains sole owner of the Intellectual Property Rights it owned prior to the execution of these API Terms. Epsilon is the sole owner of all Intellectual Property Rights in and to the APIs. Except where expressly stated, these API Terms shall not create any license in relation to Intellectual Property Rights of any party and in particular shall not grant you the right to use the trademark, trade name or logo of any other party, including any other Epsilon Affiliate. You shall not acquire any rights in the Data.

7. Changes to the Epsilon APIs and API Terms.

WE MAY CHANGE OR DISCONTINUE THE AVAILABILITY OF SOME OR ALL OF THE EPSILON APIs AT ANY TIME FOR ANY REASON WITH OR WITHOUT NOTICE. Such changes may include, without limitation, removing or limiting access to specific API(s) as well as certain features and services, or setting and enforcing limits on your use of additions to the Epsilon APIs.
Any version of the Epsilon APIs designated as "preview", “test”, or "beta" ("Preview API"), may not work in the same way as a final version. We may change or not release a final or commercial version of a Preview API in our sole discretion.

8. Confidentiality.

8.1. "Confidential Information" means all non-public information disclosed by or for a party in relation to these API Terms, including the Epsilon APIs and Data; and any information that a reasonable person in similar circumstances would consider to be proprietary or confidential based on industry standards or prudent business judgment. Confidential Information does not include information, even if designated by a party, that: (a) is or becomes generally available to the public without breach of the API Terms; (b) can be documented was in the possession of the receiving party prior to its disclosure by the disclosing party; (c) becomes available from a third party not in breach of any obligations of confidentiality and without knowledge by the receiving party of any breach of a fiduciary duty or obligation; or (d) can be documented was independently developed by the receiving party without reference to or reliance upon the disclosing party’s Confidential Information, as demonstrated by documentary evidence.
8.2. Except for the specific rights granted by these API Terms, the receiving party shall not access, use, or disclose any of the disclosing party's Confidential Information, and shall protect the disclosing party 's Confidential Information using at least the standard of care used to protect its own confidential information of like nature, but not less than reasonable care. The receiving party shall ensure that its employees and contractors with access to such Confidential Information (a) have a need to know for the purposes of these API Terms and (b) have agreed to restrictions at least as protective of the disclosing party's Confidential Information as these API Terms. Each party shall be responsible for any breach of confidentiality by its employees and contractors.
8.3. A party may disclose the Confidential Information of the other party only to the extent required pursuant to a duly authorized subpoena, court order or government authority, provided that the disclosing party responding to the subpoena, court order or government authority has first provided prompt notice to the other party to allow the other party to seek a protective order or other appropriate remedy, and/or will otherwise limit the disclosure to the greatest extent possible under the circumstances.

9. Disclaimer of Warranties.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EPSILON APIs AND DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EPSILON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE EPSILON APIs AND YOUR USE OF THE EPSILON APIs, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. EPSILON MAKES NO WARRANTY OF ANY KIND THAT THE EPSILON APIs AND DATA, OR ANY PRODUCTS OR RESULTS OF ITS OR THEIR USE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, COMPLETE, OR ERROR FREE. IN PARTICULAR, THE OPERATION OF THE EPSILON APIs MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION, ERRORS IN FUNCTIONING, OR THAT DATA LOSS WILL NOT OCCUR. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER; IF SO AND IF SUCH LAWS ARE APPLICABLE, THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY. CERTAIN LEGISLATION MAY GIVE GUARANTEES OR IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE API TERMS MUST IN ALL CASES BE READ SUBJECT TO THOSE STATUTORY PROVISIONS.

10. Indemnification.

You will defend, hold harmless, and indemnify Epsilon and its Affiliates from any claim or action brought by a third party, including all damages, liabilities, costs and expenses, and reasonable attorney fees, to the extent resulting from, alleged to have resulted from, or in connection with your breach or alleged breach of the API Terms, or infringement of Epsilon's or a third party's Intellectual Property Rights. You shall not make any settlement without Epsilon’s written consent (such consent not to be unreasonably delayed, conditioned or withheld).

11. Limitation of Liability.

11.1. EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS TO EPSILON, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH THESE API TERMS, EVEN IF SAID PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OF PROFIT, LOSS OF OR CORRUPTION TO DATA, DAMAGE TO REPUTATION OR GOODWILL OR LOSS OF OPPORTUNITY OR CONTRACT. To the maximum extent permitted by Law, Epsilon’s liability under these API Terms, for whatever cause, whether in contract or in tort, or otherwise, will be limited to direct damages and shall not exceed the amount of $100.00 United States Dollars.
11.2. No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Epsilon APIs, content or other material used or displayed through the current Epsilon website or successor site.
11.3. No Third-Party Beneficiaries. There are no third-party beneficiaries to these API Terms.

12. Termination.

12.1. Epsilon may suspend or immediately terminate these API Terms, any rights granted herein, and/or your license to the Epsilon APIs, in our sole discretion at any time, for any reason. You may terminate these API Terms at any time by ceasing your access to the Epsilon APIs.
12.2. Upon termination, all licenses granted herein immediately expire and you must cease use of the Epsilon APIs. Neither party will be liable to the other for any damages resulting solely from termination of these API Terms.

13. General Terms.

13.1. Applicable Law. If you reside in the United States, these API Terms shall be governed by and construed in accordance with the substantive laws of the State of Delaware without regard to conflict of laws, and all disputes arising under these API Terms shall be brought and resolved solely and exclusively in the State of Delaware. If you reside in any other country, the laws of that country apply. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to these API Terms.
13.2. Support. Requests for support may be submitted via support.citrusad.com, or sent to [email protected]. Notwithstanding the foregoing, because the Epsilon APIs are provided "as is," we may not provide support services for them. You are solely responsible for the quality of your Site and providing support for your Site.
13.3. Assignment and Delegation. You may not assign or delegate any rights or obligations under these API Terms, including in connection with a change of control. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these API Terms, fully or partially without notice to you.
13.4. Reservation of Rights. All rights not expressly granted herein are reserved by Epsilon. You acknowledge that all Intellectual Property Rights within the Epsilon APIs remain the property of Epsilon and nothing within these API Terms will act to transfer any of these Intellectual Property Rights to you.
13.5. Independent Contractors. The parties shall be independent contractors under these API Terms, and nothing in the API Terms will constitute either party as the employer, employee, agent, or representative of the other party, or the parties as joint venturers or partners for any purpose. Nothing in these API Terms shall permit either party to legally bind the other party to any other agreement. Nothing in these API Terms shall create any exclusivity between the parties in relation to its subject matter.
13.6. No Waiver. Either party's failure to act with respect to a breach of these API Terms does not waive either party's right to act with respect to that breach or subsequent similar or other breaches.
13.7. Survival. Sections of these API Terms that, by their terms, require performance after the termination or expiration of these API Terms will survive, such as, for example, the rights and requirements of Section 4 (Security).
13.8. Modifications. Epsilon may modify these API Terms at any time with or without individual notice to you. Any modifications will be effective upon your continued use of the Epsilon APIs.
13.9. Entire Agreement. These API Terms and any documents incorporated into these API Terms by reference, constitute the entire agreement between you and us regarding the Epsilon APIs and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these API Terms. If any provision of these API Terms is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible.

Version dated November 7, 2025.