Product Terms for Meta Research Tools

The Product Terms for Meta Research Tools (“Product Terms”) are a legal agreement by and between Meta and You. By using the Research Tools (defined below), You agree to the terms and conditions listed in these Product Terms, which may be updated by Meta from time to time. Your access to and use of the Research Tools may also be governed by any applicable agreements between Meta and Your Institution, and any applicable agreements between Meta and any third party involved in Your access to the Research Tools.

1. Applicable Research Tools.

a. The Product Terms apply to the following Research Tools:

(a) Meta Content Library

(b) Meta Content Library API

(c) Ads Transparency and Targeting Dataset

Additional Research Tools may be added to this list at Meta’s sole discretion from time to time.

2. Definitions.

a. “Applicable Law” means any applicable law, regulation, directive, or other binding requirements (each as may be implemented, amended, extended, superseded, or re-enacted from time to time), including but not limited to, for the avoidance of doubt, Data Protection Requirements.

b. “You” or “Your” means an individual who is currently employed or affiliated with an Institution and has been granted access to one or more Research Tool(s).

c. “Confidential Information” includes, without limitation, all technical and non-technical information provided by a party (“Disclosing Party”) to the other party (“Receiving Party”) that is either: (a) designated as confidential by the Disclosing Party at the time of disclosure; or (b) should reasonably be considered confidential, given the nature of the information or the circumstances surrounding its disclosure. Notwithstanding the above, all Meta Data and all technical and non-technical information concerning or related to Meta’s products, services, online properties (including the discovery, invention, research, improvement, development, marketing, or sale thereof), financial data and models, business and marketing plans and any information related to the foregoing constitutes Meta’s Confidential Information and is the property of Meta.

d. “Data Protection Requirements” means, to the extent applicable, (a) APAC Data Protection Requirements; (b) European Data Protection Requirements; (c) LATAM and AMET Data Protection Requirements; (d) USA Data Protection Requirements; (e) mandatory industry rules and standards including, without limitation, and to the extent applicable, the Payment Card Industry Data Security Standard (“PCI-DSS”); and (f) any and all other applicable laws related to data protection, data security, marketing, privacy, or the processing of Personal Data. Application of the Data Protection Requirements (and the definitions of the foregoing) are set forth in the DPA.

e. “DPA” means Meta’s Data Protection Addendum available at https://www.facebook.com/legal/terms/Privacy (or a successor URL).

f. “Institution” means an organization with which You are currently employed or currently affiliated that has signed an agreement covering an Approved Purpose with Meta.

g. “Meta” means Meta Platforms, Inc. (MPI), Meta Platforms Ireland Limited (MPIL), and/or any affiliates (as applicable).

h. “Meta Data” means any and all data and information received, stored, collected, derived, generated, or otherwise obtained or accessed by Institution in connection with this Agreement, in furtherance of any information sharing initiatives, or if applicable, access to any Meta Properties, Sites (as defined below) or any Systems (as defined below) regarding any aspect of Meta’s business, including all Personal Data and all other data or information provided by or on behalf of any Meta user, advertiser, business partner or content provider, and other information such as system procedures, employment practices, finances, inventions, business methodologies, trade secrets, copyrightable and patentable subject matter.

i. “Meta Properties” means the online properties, products, services, websites, widgets, applications and pages, including, without limitation, those accessible in whole or in part through any platform, medium or device, whether presently existing or later developed, that are developed in whole or in part by or for Meta or its affiliates throughout the world.

j. “Meta TOS” means Meta’s Terms of Service available at https://www.facebook.com/legal/terms (or a successor URL) and all applicable terms and policies incorporated or referenced therein.

k. “Personal Data” means any information in any form, whether true or not, that identifies, relates to, describes, is capable of being associated with, or could be linked directly, or indirectly, to or used to identify, contact or locate a natural person including by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, financial, cultural or social identity of that natural person. The term "personal data" includes any "personal information," "personal data," "personally identifiable information," "non-public personal data," or similar terms as defined by Data Protection Requirements, and also covers information of juristic persons and deceased natural persons where required under Data Protection Requirements.

l. “Publication” means works containing the results and findings of the Research and any supporting information You propose to make available externally or to any third party.

m. “Research” means research and innovation programs, including with respect to general social welfare or health and well-being, conducted for non-commercial purposes in the public interest.

n. “Research Output” means the findings and results of Your Research using one or more Research Tools, which may include tables, charts, code, graphs, figures, and statistics. For clarity, Research Output does not include Confidential Information and Personal Data.

o. “Research Tools” mean one or more of Meta-supplied tools designed for Research, including but not limited to, the tools listed in Section 1 herein, the tools set forth at https://transparency.meta.com/researchtools/, and other interfaces, clean rooms, datasets, and APIs that Meta may make available under these Product Terms for an Approved Purpose.

3. Access.

a. Meta may disclose Meta Data to You at its sole discretion.

b. Individuals who are interested in receiving access to Meta Data and any Research Tool must submit an application for access through a Meta-approved channel.

c. You will be required to recertify to Meta that You remain engaged in Research for an Approved Purpose and that You are affiliated with an Institution. In the event that You cannot or do not recertify the foregoing, Your access may be terminated immediately.

d. Meta may provide an opportunity to beta test and provide feedback about the Research Tools. Your participation in this test is voluntary and subject to the Beta Product Testing Terms, available at hhttps://www.facebook.com/legal/BetaProductTestingTerms (or a successor URL).

4. Approved Purpose. Meta shall, in its sole discretion, provide You access to the Research Tools in furtherance of conducting Research (the “Approved Purpose”), and for no other purpose whatsoever without the prior written consent of Meta.

5. Data Use.

a. Obligations. You agree to:

i. process Meta Data and access Research Tool(s) solely as is necessary for the Approved Purpose;

ii. comply with the Meta Data privacy and security obligations and restrictions set forth herein, the Meta TOS, and any other applicable terms or policies;

iii. comply with Applicable Law when conducting Research via Research Tools including without limitation ensuring that any Personal Data is processed in compliance with all applicable Data Protection Requirements;

iv. promptly disclose to Meta any conflicts of interest that currently exist or may arise with respect to the Research performed in connection with the Research Tools or Product Terms; and

v. notify Meta in writing as soon as possible if You are no longer affiliated with the Institution on your application, Your research project or topic changes, or You no longer require access to the Research Tool(s).

b. Prohibited Practices. You will not:

i. make any attempt to link de-identified, anonymized, aggregated, or redacted Meta Data to an identifiable individual or process Meta Data for purposes of identifying an individual;

ii. make any attempt to export or download Meta Data outside the Meta-approved environment in which the Meta Data is accessed, unless otherwise allowed by Meta;

iii. make any attempt to combine Meta Data with any other data or datasets, including other Meta Data provided for a Research purpose, and any other data provided by Meta, unless otherwise allowed by Meta;

iv. make any attempt to incorporate the Meta Data (or any portion or derivative work thereof) in any services or products (whether or not intended for a commercial purpose);

v. make any attempt to sell, rent, or commercially exploit any Meta Data (or any portion or derivative work thereof);

vi. “crawl” or “scrape” any Research Tool;

vii. use any Research Tool or Meta Data in connection with the development of a competing product or for benchmarking purposes;

viii. make any attempt to circumvent any privacy or security protections that have been applied to Meta Data, including, without limitation, attempts to de-anonymize, de-aggregate or re-identify Meta Data;

ix. violate or abuse any research, privacy, or security related policy at Your Institution including but not limited to misuse of Institution-provided assets or equipment; or

x. seek patent protection for any patentable inventions conceived or reduced to practice in connection with Research conducted in connection with these Product Terms or assert any patents resulting from Research conducted in connection with these Product Terms against Meta or its products or services.

c. Publication. You may publish Your Research Outputs, which may include making available information to support such results, to other scholars, researchers, and research organizations for purposes of verifying and reproducing those results, subject to the obligations and restrictions set forth herein. For clarity, You may not disclose Confidential Information or Personal Data with the exception of Personal Data relating to the subject matter of Your Research that has been disclosed by Meta via the Research Tools. For publications based solely on Meta Data, Meta asks that You make efforts to provide notice to Meta upon publishing any Publications. Submission of drafts for review and notice of publication should be made by emailing research_publications@meta.com. You acknowledge and agree to comply with any attribution or other publication requirements or guidelines that Meta may make available from time to time. Unless otherwise notified in writing, You shall include the following attribution format of any and all publications and derivative works: “Meta Platforms, Inc., (Month Accessed, Year Accessed). Product Name and Version. Digital Object Identifier.” Except for the foregoing attribution, these Product Terms grant You no right to use the Meta name, trademarks, or other logos or make any statement or act in any manner to imply that Meta endorses, advocates, recommends, or supports any publications.

d. You will make efforts to ensure that any published results and findings from Research are published in Open Access journals or publications consistent with the principles of “Open Science.”

6. Data Protection.

a. You will ensure an appropriate level of security for the Meta Data and to protect the Meta Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the Meta Data.

b. You will store the Meta Data separately from any other data unless otherwise authorized by Meta or a Meta-approved partner.

c. You will ensure access to any Research Tool is limited only to You, and You will not share access with any third-party, including any other researcher, collaborator, or partner that You may work with.

d. You will promptly delete from applicable systems all Meta Data and all copies thereof and cease the use of any Research Tool(s) (i) when retaining the Meta Data is no longer necessary for the Approved Purpose for which such Meta Data was accessed in accordance with these Product Terms (except to the extent retaining such Meta Data is required by Applicable Law or regulation); (ii) upon expiration or termination of these Product Terms; or (iii) otherwise at Meta’s request.

e. You acknowledge that, when receiving Meta Data under these Product Terms, You are an independent controller under applicable Data Protection Requirements, and as such, shall independently determine the purposes and means of processing such Meta Data. These Product Terms are not intended to create any joint-controllership obligations. Each Party will be responsible for its compliance with Data Protection Requirements.

f. If You are granted access to any: (a) Meta facility or location (each a “Site”); or (b) Meta’s systems, networks, databases, computers, telecommunications or other information systems owned, controlled or operated by or on their respective behalf (collectively “Systems”), then such access is subject to Your compliance with all then-current Meta policies and terms of access (as provided to Institution on an as-needed basis). Any access to any Sites or Systems is strictly in furtherance of the purposes of these Product Terms during the Term.

g. You shall, without undue delay (and in any event within two (2) days): (i) inform Meta of any investigation, inspection, audit, administrative sanction or fine by any authority or any claim, proceedings or complaint by a data subject which is relevant to the Personal Data or processing activities under these Product Terms; (ii) notify Meta in writing of any request received from any authority (including a law enforcement agency or government agency) for disclosure of or access to Personal Data; and (iii) inform Meta if You cannot comply with these Product Terms, in which case Meta, at its discretion, may suspend any processing (in whole or in part) and/or terminate the Agreement (in whole or in part). In the event of Your failure to do so, Meta may terminate Your access immediately upon notice in writing.

h. Data Protection Addendum. You agree to comply with the DPA which may be updated from time to time and is hereby incorporated to these Product Terms. To the extent that Meta Data includes personal data, as defined by Regulation (EU) 2016/679 (“GDPR”)or the UK Data Protection Act 2018, the European Region Terms in the DPA shall apply. For the purposes of the DPA, You are deemed a “Third Party” or “Controller” and the relevant processing and transfer details are as follows:

• i. Categories of data subjects: Users of and visitors to Meta’s platforms and products.

• ii. Categories of personal data: Public user generated content.

• iii. Frequency of the transfer: Personal data will be transferred on a continuous basis.

• iv. Nature and purpose of the processing: Meta may provide You with access to personal data in order for You to conduct research for the Approved Purpose (as further described in the Product Terms) and for no other purpose.

• v. Period for which data will be retained: Period required to facilitate, perform and otherwise conduct research for the Approved Purpose or as further described herein.

7. Confidentiality.

a. Sharing. The Parties may share Confidential Information under these Product Terms either: (a) under the terms set forth herein; or (b) after entering into a separate agreement.

b. Use and Disclosures. Meta Data, Research Tools, and the information contained therein, are considered Confidential Information for purposes of this Product Terms. You will not: (1) use any Confidential Information except and only to the extent necessary to perform its obligations (within the Approved Purpose); or (2) disclose any Confidential Information of the Disclosing Party to any person or entity, except to the Parties who are involved in performing this Agreement, have a need to know, and have signed a non-disclosure agreement with terms no less restrictive than those herein.

c. Exclusions. Except for in relation to Meta Data, section 7.1 (b) (Use and Disclosures) will not apply to any information that: (a) is rightfully known by the Receiving Party prior to disclosure by the Disclosing Party; (b) is rightfully obtained by the Receiving Party from a third party without restrictions on disclosure; (c) is disclosed by the Receiving Party with the prior written approval of the Disclosing Party; or (d) to the extent required by law or court order so long as Receiving Party provides advance notice to the Disclosing Party as promptly as possible and, if applicable, cooperates with the Disclosing Party’s efforts to obtain a protective order regarding such disclosure.

d. Return of Materials. Notwithstanding the obligations set forth above, upon expiration or termination of these Product Terms or Your access to the Research Tools, You will promptly destroy or return Meta’s Confidential Information and all copies thereof, as requested by Meta.

e. Feedback. You agree that Meta may develop information internally or receive information from other parties that may be similar to Your or your institution’s Confidential Information. Nothing in this Agreement will prohibit Meta from developing (or having others develop) products, services or any other materials that compete with those products or services. Notwithstanding anything to the contrary, if You provide any ideas, suggestions or recommendations to Meta regarding Meta’s products, services or Meta’s Confidential Information (“Feedback”), Meta is free to retain, use and incorporate such Feedback in Meta’s and/or its affiliates’ products and/or services, without payment of royalties or other consideration to You or your institution.

8. Publicity. Subject to the Publication section, You agree to not use Meta’s name, logo or trademarks or issue any public announcements or press releases, or confirm or comment on any information, public or otherwise, concerning Meta or its business, regarding these Product Terms.

9. Indemnification. You will defend, indemnify and hold harmless Meta, its affiliates and their respective officers, directors, employees, sublicensees, contractors, users and agents from any and all claims, losses, liabilities, damages, expenses, penalties, taxes, and costs (including attorneys’ fees and court costs) arising out of or related to: (a) any actual or alleged breach of any representation, warranty or other provision of this Agreement; (b) any actual or alleged infringement of any intellectual property rights; (c) negligent, willful or reckless acts or omissions, dishonesty or fraud by You or Your agents, employees or representatives; and (d) any personal injury, bodily injury, advertising injury, or property damage caused by the negligence, acts or omissions of Institution (each a “Claim” ). Meta shall give prompt written notice of a Claim and Meta has the right (but no obligation) to participate in the defense of such Claim at its expense. In no event will the Researcher or their Institution settle any Claim without Meta’s prior written consent, not to be unreasonably delayed.

10. Limitation of Liability. EXCEPT FOR INFRINGEMENT OF META’S INTELLECTUAL PROPERTY RIGHTS, BREACH OF SECTION 6 (DATA PROTECTION), BREACH OF SECTION 7 (CONFIDENTIALITY), BREACH OF INDEMNITY OBLIGATIONS UNDER SECTION 9, AND/OR BREACH OF SECTION 13.b. (COMPLIANCE WITH LAWS); (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EACH PARTY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE TOTAL AMOUNTS PAID BY META TO INSTITUTION DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR ONE MILLION DOLLARS ($1,000,000 USD). THE PARTIES AGREE THAT THE ABOVE PROVISIONS FAIRLY ALLOCATE THE PARTIES’ RISKS AND ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN.

11. Disclaimer of Warranties. NOTWITHSTANDING ANYTHING TO THE CONTRARY, META DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT. THE META DATA, RESEARCH TOOLS, AND META PROPERTIES MADE AVAILABLE BY OR ON BEHALF OF META ARE FURNISHED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. META MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES AS TO THE QUALITY, ACCURACY OR COMPLETENESS OF DATA OR INFORMATION. YOU AND INSTITUTION ACKNOWLEDGE THAT THE DATA MAY CONTAIN SOME NONCONFORMITIES, DEFECTS, OR ERRORS. META DOES NOT WARRANT THAT THE DATA OR RESEARCH TOOL(S) WILL MEET YOUR NEEDS OR EXPECTATIONS, THAT THE USE OF THE DATA OR ANY RESEARCH TOOL WILL BE UNINTERRUPTED, OR THAT ALL NONCONFORMITIES, DEFECTS, OR ERRORS CAN OR WILL BE CORRECTED.

12. Termination.

a. Termination. Meta may terminate these Product Terms at any time and for any or no reason upon notice to You.

b. Survival. The following Sections will survive any expiration or terminate of the Agreement Sections: Sections 1 (Definitions), 5 (Data Use), 6 (Data Protection), 7 (Confidentiality), 8 (Indemnity), 9 (Publicity), 10 (Liability), 11 (Disclaimer of Warranties), and any other Section which should by their nature are intended to survive termination or expiration of these Product Terms.