Data Licence

1. What this covers

This Data Licence governs any access you are given to Throttle Data: market statistics, indices, research reports, exports, dashboards and API outputs derived from our index of dealer listings and from the aggregated, de-identified behaviour of visitors to throttle.toys.

It applies from the moment you receive Throttle Data, including under an evaluation. Where it conflicts with our general Terms of service, this page controls for Throttle Data. Where it conflicts with a signed order form or master agreement, that document controls.

2. Definitions

• Throttle Data — any data, report, statistic, index, model output, file or API response we supply under this licence, and anything derived from them.
• Aggregated Data — statistics computed across multiple listings, dealers, vehicles or visitors, with small cells suppressed or widened so that no individual person is identifiable.
• De-identified — information that cannot reasonably be used to infer information about, or be linked to, a particular individual, within the meaning of the CCPA/CPRA.
• Licensee (“you”) — the organisation that receives Throttle Data, including its employees and contractors acting on its behalf.
• Insights — conclusions, analyses and decisions you reach using Throttle Data, which do not themselves disclose Throttle Data in a form from which it can be reconstructed.
• Order Form — the document that names your fee, term, seats, volume, permitted entities and any additional rights.

3. The licence

3.1 Evaluation licence

Where we provide a sample, a trial or a pre-release feed and no Order Form is in place, you receive a non-exclusive, non-transferable, non-sublicensable, revocable licence to use Throttle Data for 30 days, solely to evaluate whether to license it, and solely inside your own organisation. No production use, no external publication, no incorporation into a product or a customer deliverable. We may withdraw an evaluation at any time.

3.2 Commercial licence

Where an Order Form is in place, you receive a non-exclusive, non-transferable, non-sublicensable, worldwide licence, for the term and scope stated there, to use Throttle Data for your internal business purposes and to publish Insights, subject to every section below.

3.3 Who it covers

The licence covers the legal entity named on the Order Form. Affiliates, subsidiaries, parent companies, joint ventures, franchisees and outsourced providers are not covered unless they are named. A contractor may use Throttle Data on your behalf provided they are bound to terms at least as protective as these and you remain responsible for them.

4. Permitted use

Unless the Order Form says otherwise, you may:

• analyse Throttle Data internally, and combine it with your own data for that purpose;
• use it to inform your own decisions — inventory, pricing strategy, product planning, market sizing, underwriting policy at portfolio level, residual-value modelling;
• use it as an input to your own internal models, provided the model does not expose Throttle Data, or a substantial reconstruction of it, to anyone outside your organisation;
• publish Insights and limited illustrative extracts — a chart, a headline figure, a handful of data points — in marketing, research or press, with the attribution in section 7;
• share Throttle Data internally with employees who need it for the purposes above.

5. Restrictions

You may not, and may not permit anyone else to:

• resell, redistribute, sublicense, syndicate, rent, lend or otherwise make Throttle Data available to any third party, whether or not for a fee, in whole or in substantial part;
• use Throttle Data to build, train, populate, benchmark or improve a competing listing index, price guide, valuation product, market-data service or database;
• incorporate Throttle Data into a product or service you sell, or into a deliverable for a client, except as Insights under section 4;
• publish Throttle Data in bulk, in raw form, or in a form from which the underlying data could be reconstructed;
• scrape, crawl or otherwise access throttle.toys by automated means — section 4.1 of the Terms of service applies to you in full, and a data licence is not a licence to crawl the site;
• exceed the volumes, seats or rate limits in the Order Form, or share API credentials outside your organisation;
• remove, alter or obscure any attribution, notice or watermark, including any fingerprinting we embed to trace a leak;
• use Throttle Data unlawfully, including to facilitate discrimination, price-fixing, collusion or any other anticompetitive conduct;
• use Throttle Data to contact, profile, target or make a decision about an individual consumer (see sections 6 and 8).

6. No re-identification

The clause that makes the promise on our privacy page true.

You will not attempt, and will not permit anyone to attempt, to re-identify any individual from Throttle Data, or to link Throttle Data to a person, household or device. That includes joining it against your own customer records, a purchased dataset, a public dataset or any other source for the purpose of identification.

You will keep technical and organisational measures that make re-identification impractical, and you will impose this same obligation, in writing, on anyone you are permitted to pass Throttle Data to.

If you become aware that an individual has been or could be identified from Throttle Data, you will tell us within 72 hours, stop the processing that caused it, and work with us to contain it.

Breach of this section terminates the licence immediately, without a cure period, and we will say publicly that it happened if the facts warrant it. This section survives termination indefinitely.

7. Attribution

Where you publish Insights or illustrative extracts, attribute them: “Source: Throttle (throttle.toys)”, with the date of the data, and a link where the medium allows one.

• Do not imply that Throttle endorses you, your product or your conclusion.
• Do not present a modified figure as ours. If you have adjusted, re-based or combined our numbers, say so: “derived from Throttle data”.
• Use of our name and logo beyond factual attribution needs our written permission.

8. Not a consumer report

Read this one even if you skip the rest.

Throttle is not a consumer reporting agency, and Throttle Data is not a consumer report or an investigative consumer report under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) or any state analogue.

You may not use Throttle Data, in whole or in part, as a factor in establishing an individual's eligibility for:

• credit, a loan, or the terms of either;
• insurance, or the terms of insurance;
• employment, promotion, reassignment or retention;
• housing or tenancy;
• a government licence or benefit;
• any other purpose listed in FCRA § 604, or any decision about a specific consumer.

Portfolio-level and market-level analysis — what a segment is worth, how fast it depreciates, how a region is trending — is a permitted use and is what the data is for. Deciding something about a named person is not.

9. Accuracy and fitness

Throttle Data is derived from third-party websites by automated collection and from statistical inference. It is provided as-is. Prices may be stale, listings may be mis-parsed, sold status is inferred rather than confirmed, and derived figures — days on market, medians, indices, deal scores — are estimates produced by software from imperfect inputs.

• Coverage is not complete and is not uniform across categories or regions.
• Methodology may change; we will document material changes to a licensed series.
• Throttle Data is not an appraisal, a valuation, a survey, an audit, or financial, investment, legal or actuarial advice.
• You are responsible for deciding whether it is fit for your purpose, and for any decision you take with it.

10. Ownership and database rights

As between us, Throttle owns Throttle Data and all rights in it: copyright in the compilation and the reports, database and sui generis database rights where they exist, and rights in our methodology, derived metrics and presentation. Nothing here transfers ownership; you get the licence in section 3 and nothing more, and all rights not expressly granted are reserved.

You own your own data and the Insights you produce. We claim nothing in either.

If you send us feedback, you grant us a perpetual, royalty-free licence to use it. We will not identify you as its source without your permission.

11. Delivery, rate limits and support

Programmatic access is additionally governed by the API Terms.

12. Your compliance obligations

• Comply with all applicable laws in your use of Throttle Data, including privacy, consumer-protection, competition, sanctions and export law.
• Keep Throttle Data secure, with access limited to people who need it, and tell us within 72 hours of becoming aware of any unauthorised access, loss or disclosure.
• Do not combine Throttle Data with other data in a way that creates personal information about an identifiable individual. If you do, you are the controller of that result and solely responsible for it.
• Where you are subject to a regulator with model-risk or data-governance requirements, satisfying them is your responsibility; we will support reasonable diligence requests.

13. Confidentiality

Pre-release data, methodology documents, pricing and anything marked confidential are our confidential information. Keep them confidential, use them only under this licence, and protect them at least as carefully as your own. The obligation survives three years past termination, and indefinitely for anything that is a trade secret. It does not cover information that is public through no fault of yours, that you already had, or that you develop independently — and it does not prevent a disclosure required by law, provided you tell us first where you lawfully can.

14. Audit

On 14 days' written notice, no more than once a year unless we reasonably suspect a breach, you will certify in writing how Throttle Data is being used and by whom, and will answer reasonable questions about the controls in sections 6 and 12. Audits happen remotely and during business hours, and we bear our own costs unless the audit reveals a material breach.

15. Fees and term

Fees, the term and the renewal mechanics are in the Order Form. Unless it says otherwise: invoices are payable within 30 days; fees exclude taxes; fees are non-refundable once a period has started; and a term renews only if both sides agree in writing. Evaluation access is free and expires automatically.

16. Termination and what happens to the data

Either side may terminate for material breach that is not cured within 30 days of notice, or on the expiry of the term. We may suspend or terminate immediately for a breach of section 5 or section 6, for non-payment after notice, or where continuing would be unlawful.

On termination or expiry:

• your licence ends and access is switched off;
• you delete Throttle Data in your possession, including from backups on their normal cycle, and confirm in writing within 30 days;
• you may keep Insights already published or embedded in an internal decision record, and you may keep copies required by law or regulation for as long as required;
• you stop using anything derived from Throttle Data that would breach section 5 if it were Throttle Data itself;
• sections 5, 6, 8, 9, 10, 13, 17 and 18 survive.

17. Warranties and liability

We warrant that we have the right to license Throttle Data to you and that we will provide it with reasonable skill and care. Otherwise Throttle Data is provided as-is and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, completeness and non-infringement.

Neither side is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill. Our total aggregate liability under this licence is limited to the fees you paid us in the twelve months before the claim, or one thousand US dollars ($1,000) where no fees have been paid.

These caps do not limit: your liability under sections 5, 6 or 8; either side's liability for fraud or wilful misconduct; or any liability that cannot be limited by law.

18. General

Governing law follows the Terms of service and is fixed once the entity is formed.

• Governing law. Throttle is not yet incorporated. Until it is, this licence is governed by the law of the state in which Throttle is resident, without regard to conflicts of law, with venue in the state and federal courts of that state. Section 21 of the Terms of service carries the same rule and the same 30-day notice commitment before the governing state is fixed; a licensee under a signed order form is notified directly. The arbitration clause in the consumer Terms of service does not apply to this licence.
• Assignment. Neither side may assign without the other's written consent, except to a successor in a merger or sale of substantially all assets.
• Independent parties. No partnership, joint venture, agency or exclusivity is created. We may license the same data to anyone, including your competitors, unless the Order Form says otherwise.
• Changes. We may update this page for new licensees at any time. For an in-term licensee, a material change applies at the next renewal, or sooner with your agreement, or where the law requires it.
• Severability and waiver. An unenforceable provision is limited or severed; not enforcing a term once does not waive it.
• Entire agreement. This page plus the Order Form, and any master agreement between us, is the whole agreement about Throttle Data.

19. Contact

Licensing enquiries and evaluation requests: [email protected]. There is also a waitlist on /pricing — tell us the categories and the volume you need and we will come back to you.

Related: API Terms · Terms of service · Privacy Policy · Trust & data