Historical Data T&C

Before using the Data Service, please be sure you have read, understood, and agree to comply with all terms and conditions of service.

Terms and conditions for the use of the data service comes in three parts:

  • License for use of the Swarm Viewer. You will be presented with this license during the installation process.
  • License for the use of historical betfair data, included below.
  • License for the use of the Swarm Data service, included below.

Betfair Historical Data Terms and Conditions

1. DEFINITIONS AND INTERPRETATION

In this Agreement, the following words and expressions have the following meanings:

“Agreement” means the Term Sheet, these Terms and Conditions and any associated schedules;

“Betfair” means TSE Development Limited;

“Betfair Group Company” means any body corporate which is from time to time a holding company of Betfair, a subsidiary of Betfair or a subsidiary of a holding company of Betfair (“holding company” and “subsidiary” having the meanings attributed to them by Companies Act 1985 section 736);

“Business Day” means any day other than a Saturday, Sunday or any day which is a public holiday in England;

“Commercial User” means a person who: (i) is a bookmaker for the purposes of the Betting, Gaming and Lotteries Act 1963; or (ii) requires an “operating licence” under the Gambling Act 2005; (iii) conducts activities outside of the United Kingdom which would fall within (i) or (ii) above if those activities were conducted within the United Kingdom; or (iv) is part of any trading, betting or gaming related business;

“Data Product” means a defined type of Historical Betfair Data product or service offered by Fracsoft to Users (for example, granular second by second data may be classed as a different data product to a reporting service that shows price movements or data on a less granular scale);

“Data Standards” mean the minimum qualitative and quantitative standards in respect of the Historical Betfair Data set out in Schedule 1;

“Fees” means any fees payable by the User to Fracsoft for Historical Betfair Data and Historical Betfair Data-related services as published by Fracsoft from time to time or agreed between the Parties;

“Fracsoft Software” means Fracsoft’s software program referred to in this Agreement at the ‘Free Viewer’ which allows Users to view Historical Betfair Data plus any other software developed or maintained by Fracsoft such as its Swarm systems and software;

“Historical Betfair Data” means any data relating to a Betfair Market after that market has been settled;

"IPR" or “Intellectual Property Rights” means any and all patents, trade marks, service marks, rights in designs (including semi-conductor topography design rights and circuit layout rights), get-up, trade, business or domain names, goodwill associated with the foregoing, e-mail address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and web-formatting scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements;

“Parties” means the parties to this Agreement;

“Software Vendor” means a third party who sells or intends to sell Historical Betfair Data or software that interacts with the Betfair betting exchange platform; and

“User” means any customer or client of the Licensee (except any person who is a Commercial User), including any customer or client of the Licensee who receives the Historical Betfair Data on a fee-free or trial basis;

1.1 In this Agreement (unless the context requires otherwise):

1.1.1 the singular shall include the plural and vice versa;

1.1.2 any reference to “persons” includes a natural person, partnership, company, body corporate, association, organisation, government, state, foundation and trust (in each case whether or not having separate legal personality);

1.1.3 any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;

1.1.4 any reference to a Clause or Schedule is to a Clause or Schedule (as the case may be) of or to this Agreement; and

1.1.5 any reference to any English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include what most nearly approximates in that jurisdiction to the English legal term.

1.2 The Clause headings in this Agreement are included for convenience only and do not affect the interpretation of this Agreement.


2. USER LICENSE TO ACCESS HISTORICAL BETFAIR DATA

The Parties agree as follows:

In consideration of the payment by the User of Fees to Fracsoft and subject to the terms and conditions of this Agreement, Fracsoft hereby grants to the User a non-exclusive, non-transferable, terminable licence to access Historical Betfair Data using Fracsoft Software


3. WARRANTIES OF THE USER

The User warrants and undertakes that he/she will:

3.1 limit the use of the Historical Betfair Data to their own personal use;

3.2 not re-sale or distribute the Historical Betfair Data to third parties;

3.2 not use the Historical Betfair Data to provide any service to a third party whether by way of trade or otherwise and it will not lease, license, transfer, retransmit, resell, disclose or otherwise make available any Historical Betfair Data to any person in any form whatsoever;

3.3 comply with the following provisions applicable to ‘Multiple’ users/accounts/workstations:

3.3.1 Multiple users of a single Betfair or Fracsoft account will count as multiple users for the purposes of calculating User Fees;

3.3.2 Multiple users of a single desktop/workstation/device will count as multiple users for the purposes of calculating User Fees;

3.3.3 Each sub-account in a Betfair Master-sub account system counts as one User for the purposes of calculating User Fees;

3.3.4 Each desktop/workstation/device within an organization or network of Users connected in any way whatsoever must be identified separately and registered to a specified User’s account.

3.4 declare before accessing any data or service if they are a Commercial User or Software Vendor or connected to either of these in any way;

3.5 comply with the terms of the Swarm Free Viewer license Agreement which will be presented to the user on initial use of Historical Betfair Data.


4. WARRANTIES OF FRACSOFT

Fracsoft warrants that it will:

4.1 provide Historical Betfair Data to any User complying with the terms of this Agreement and paying the Fees published or agreed between the Parties;

4.2 at no time communicate any password or secure information in relation to the User on an unsecured channel

4.3 at no time store any password or secure information locally in an unsecured manner

4.4 at no time receive or store the User’s Betfair password

4.5 provide the User with a refund of Fees within 20 business days of being notified of a claim under the following circumstances:

4.5.1 the data purchased falls within the sports / events listed in the Data Standards Table in Schedule 1; and

4.5.2 the data purchased has a granularity of more than 2 seconds for an average of 20% of the Valid Times listed in the Data Standards Table in Schedule 1; and

4.5.3 the User notifies Fracsoft in writing within 5 business days of downloading the data in question; and

4.5.4 the User provides Fracsoft with any necessary proof that the data does not meet the quality specified in clause 4.5.2 above within 24 hours of that proof being requested; and

4.5.5 the User returns the data in question to Fracsoft within 5 business days of downloading the data; and

4.5.6 there was no indication before purchase that the data did not meet the Valid Times listed in the Data Standards Table in Schedule 1.


4.6 allow the User to download the same data up to three times (not counting for example system failures resulting in a need for all data to be re-downloaded). Further downloads then require special request in writing to Fracsoft;

4.7 allow the User to fund one Fracsoft account and tie that account against a single funded betfair account;

4.8 duly observe all its obligations under the Data Protection Act 1998 and any amendments thereto which arise in connection with this Agreement. In particular Fracsoft shall ensure that it has adequate technical (and organisational) security procedures in place to prevent the unauthorised or unlawful disclosure of the User’s personal data;

4.9 not share any personal data in relation to the User with any company other than Betfair.


5. REQUIREMENTS OF BETFAIR AND FRACSOFT

The User acknowledges and agrees that:

5.1 Betfair may at any time exclude any User from accessing the Historical Betfair Data or Historical Betfair Data-related services including Fracsoft’s Software provided that Betfair provides the User with a reasonable explanation for doing so;

5.2 Fracsoft may be asked by Betfair to stop supplying Historical Betfair Data to a User if Betfair, in Betfair’s reasonable opinion, believes that User is materially breaching the terms of the User Agreement to Betfair’s detriment. The User acknowledges that this may mean they are restricted from accessing previously downloaded data or services including Fracsoft Software as well as future access to data and services including Fracsoft Software;

5.3 termination of the User’s access to Historical Betfair Data will not affect the rights and obligations of the User under this Agreement in relation to Historical Betfair Data;

5.4 they must provide Fracsoft or Betfair with any information Fracsoft or Betfair may reasonably request in order to prove that the User is not a Commercial User or Software Vendor;

5.5 if Fracsoft asks Betfair whether a User is known to Betfair to be a Commercial User or Software Vendor then Betfair will inform Fracsoft that this is the case;

5.6 they must have a funded Betfair account before being permitted to download Historical Betfair Data or access a Data Product. The User hereby agrees to an authentication/authorisation process being performed by Fracsoft to ensure this on each occasion data is accessed. Users acknowledge and agree that Betfair may change the validation criteria;

5.7 they must use both their Fracsoft account username and password, and their Betfair username and password, in order to access any data;

5.8 the security of Betfair's data is fundamental to the business of Betfair and any breach or potential breach of the terms of this Agreement may carry serious repercussions for the User;

5.9 Fracsoft is only entitled to distribute Historical Betfair Data or provide Historical Betfair Data-related services while Fracsoft holds a Historical Data License from Betfair and Betfair will not be liable to the User for any consequences or loss to the User if Fracsoft were to cease to hold a Historical Betfair License. Subject to any circumstances beyond Betfair’s control and subject to the User having fully complied and continuing to comply with the terms of this Agreement and Betfair’s own Terms and Conditions, if Fracsoft were to cease to hold a Historical Data License the User may keep all Historical Betfair Data already purchased;

5.10 falsification of personal details will result in Fracsoft removing access to their software.


6. INTELLECTUAL PROPERTY RIGHTS

The User acknowledges and agrees that:

6.1 all IPR in any Betfair Data including the Historical Betfair Data belongs to Betfair;

6.2 all IPR in any software or systems purchased or provided by Fracsoft belongs to Fracsoft;

6.3 the technology and format of the Swarm specific data files are the copyright of Fracsoft;

6.4 the free viewer is the property of Fracsoft, and access to it as a software implementation is limited by the same terms as access to the Historical Betfair Data itself;

6.5 any attempt to reverse engineer or access data from the Swarm format, or circumvent protection, in ways other than allowed by the free viewer, of Fracsoft Swarm platforms or software will result in removal of access from Fracsoft systems;

6.6 if the User is in breach of Fracsoft’s Intellectual Property Rights or Copyright or attempts to breach these, for example as described in clause 6.5, but have not infringed Betfair’s IPR then Fracsoft may terminate their access to Fracsoft Software immediately but at Betfair’s discretion Fracsoft will provide the User with a DVD containing raw copies of the data they have purchased;

6.7 once exported from the Swarm environment, Historical Betfair Data is still subject to the Copyright and Intellectual Property Rights of Betfair


7. LIABILITY OF BETFAIR AND FRACSOFT

7.1 Nothing in the Agreement shall operate to limit or exclude Fracsoft’s or Betfair’s liability or the liability of any Betfair Group Company (i) in relation to the death or personal injury of any person caused by the negligence of Fracsoft, Betfair or by any Betfair Group Company or for fraudulent misstatement; or (ii) for breach of any implied undertaking as to title.

7.2 Neither Fracsoft, Betfair nor any Betfair Group Company nor their software or data providers, agents or subcontractors shall be liable to the User for any loss of profit, data, business or goodwill or for any indirect or consequential loss or special damage arising in connection with the Historical Betfair Data or this Agreement (in each case whether arising from negligence, breach of contract or otherwise) even if the relevant party has been notified of the possibility of that damage or loss, including any loss or damage which the User may incur as a result of the Historical Betfair Data failing to be wholly accurate, complete, reliable, accessible or otherwise as a result of any breach or non-performance of this Agreement.

7.3 The User acknowledges that prior to commencement of this Agreement the User has satisfied itself that the Historical Betfair Data is suitable for the User’s purposes. Accordingly, save as provided in Clause 7.1 above, all conditions and warranties on the part of Fracsoft or Betfair implied by statute, common law or otherwise are expressly excluded;

7.4 Neither Fracsoft, Betfair nor any Betfair Group Company accepts any liability in respect of, the accuracy, completeness, reliability, timeliness, currency or quality of the Historical Betfair Data or its correspondence with description or as to its fitness for a particular purpose. The User acknowledges that the use of the Historical Betfair Data is no substitute for the independent use of judgement or knowledge of the relevant markets as to any proposed transactions and that the Historical Betfair Data is open to interpretation. Neither Fracsoft, Betfair nor any Betfair Group Company or their respective agents shall be liable for interruption of the supply or the availability of the Historical Betfair Data due to any cause whatsoever, including Fracsoft’s Betfair’s, or any Betfair Group Company’s or their respective agents’ negligence.


7.5 No legal proceedings may be brought by the User in relation to a cause of action under this Agreement more than one year after the cause of action has first arisen;

7.6 The User warrants and represents to Fracsoft and to Betfair that it accepts that the restrictions, exclusions and limitations on the liability of Fracsoft, Betfair, Betfair Group Companies, Fracsoft’s or Betfair’s software and data providers, agents and sub-contractors as set out in this Agreement are reasonable in all the circumstances.


8. FORCE MAJEURE

The User acknowledges that if events beyond Betfair or Fracsoft’s control mean that the Historical Betfair Data is no longer able to be supplied, the service may be stopped and access to all previously downloaded Historical Betfair Data may be stopped as well. In this instance the User agrees to comply fully with any request of Betfair or Fracsoft to return Historical Betfair Data or reports and acknowledges that neither Betfair nor Fracsoft have any obligation to return to the User any Fees paid in relation to data already purchased


9. GOVERNING LAW AND JURISDICTION

This Agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its formation) shall be governed by and construed in accordance with English law and the parties hereby irrevocably submit to the jurisdiction of the courts of England and Wales.


10. EXECUTION AND CHANGES TO AGREEMENT

By downloading Historical Betfair Data or subscribing to, receiving or paying Fees for any Fracsoft Historical Betfair Data-related services , the User agrees to be bound by the terms of this Agreement;

The User agrees to be bound by any changes to this Agreement in respect to all Historical Betfair Data purchased before or after the date of such changes

SCHEDULE 1

The Data Standards table below shows:
  • The minimum length of market you can expect for each sport.
  • The data provided will be at a granularity of less than 2 seconds for over 85% of the valid times shown in the data table.
  • In general most of the downloads will include longer pre-inplay market times than shown.

Betfair UK

Sport Country / Event Market type Inplay
Horse racing GB / IRE Winner Yes
20 minutes of pre-inplay market and in-running where applicable.
Horse racing International Winner Possible
10 minutes of pre-inplay market and in-running if applicable.
Golf All major tournaments Winner Yes
Last 20 hours of the market including the last day inplay.
Greyhound racing All UK meetings Winner No
Last 5 minutes of market.
Snooker All Major tournaments Match odds Yes
20 minutes of pre-inplay market and in-running where applicable.
Tennis All tournaments Match odds Yes
20 minutes of pre-inplay market and in-running where applicable.
Soccer All major leagues Match odds Yes
20 minutes of pre-inplay market and in-running where applicable.
Soccer All major leagues Match odds No
2 hours where no inplay market exists.
Cricket All major matches Match odds Yes
20 minutes of pre-inplay market for the last day only and in-running to the finish.
Basketball NBA and NCAA Match odds Where applicable
30 minutes of pre-inplay market and in-running where applicable.

Betfair Australia

Sport Country / Event Market type Inplay
Tennis All major matches Match Odds If available
Minimum 20 minutes pre-play and in-play where available
Horse racing Australian Winner If available
Minimum 20 minutes pre-play and in-play where available
Cricket All major games hosted Match odds If available
Minimum 20 minutes pre-play. If multi-day, only last day of play included.
Greyhound racing Australian meetings Winner No
Minimum 5 minutes pre-race
Australian Rules Australian Match odds If available
Minimum 20 minutes pre-play and in-play where available
NRL All major hosted games Match odds If available
Minimum 20 minutes pre-play and in-play where available
Rugby Union All major hosted games Match odds If available
Minimum 20 minutes pre-play and in-play where available

 

Swarm data service terms and conditions

Use of the Data Service requires acceptance of the following terms and conditions:

  1. The service is provided on a best-effort basis, and no minimum SLA has yet been specified. Downtime of the service may lead to an inability to access data for short periods. Fracsoft is not liable for any outcome caused by such a temporary loss of service
  2. Use of the service may be done through the approved Fracsoft Swarm Viewer only. Any attempts to reverse engineer the network services, client software, or compression formats is a breach of these terms and conditions and will lead to an immediate ban of access to the service.
  3. Fracsoft reserves the right to remove access to the service if an infringement is suspected
 

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