The document discusses issues with API terms of service (ToS), including a lack of trust and communication between API users and suppliers, asymmetrical relationships that constrain users, and a lack of sustainability for some users. It proposes several approaches to address these issues, including enhancing trust and simplifying the contractual process, standardizing ToS, providing certifications for sustainable APIs, and potentially legislation. The goal is to balance power relationships and integrate ToS with digital economic regulations, while facilitating interoperability and usability between APIs and ToS. Input is sought from the community to help co-design prototypes and solutions.

1. API Terms of Services towards a
trustworthy and sustainable API ecosystem
9th
Dec. 2021

2. https://opencollective.com/apitos-cc

3. Making API Terms of Service Human Readable
3

4. The biggest lie of the Programmable web
4

5. New York
JULY
Australia
SEPTEMBER
Singapore
APRIL
Helsinki & North
MARCH
Paris
DECEMBER
London
OCTOBER
Jakarta
FEBRUARY
Hong Kong
AUGUST
JUNE
India
MAY
Check out our API Conferences here
50+ events since 2012, 14 countries, 2,000+ speakers, 50,000+ attendees,
300k+ online community
Want to talk at one of our conferences?
Apply to speak here

6. API ToS project : phase 1 - exploratory
research : first results
5

7. API Tos : frictions and assymetrical
relationship
6

8. Change of the API ToS to excess
7

9. “ I used the LinkedIn API for a long time at
the app around that. And then, they
changed the terms of service and
effectively it constrained what you could
do right down to a very narrow set of
things. And, you know, how did you find out
that's the case because your app stops
working.” Interview May 2021 APIToS
8

10. Reason : API Business model
9
2012

11. A question of trust with the community
10
2015

12. API Business model
11
2018

13. API Business model
12

14. No communication between users and suppliers
13
“it's always very few words, it's always very little
interaction, it's a very asymmetrical relationship, and
we, we provide documents and then we get one
sentence answers” interview May 2021 APIToS
In academic
research

15. API and digital economy : a lot of pressure and constraints
for the users
14
Cost of data, SLA
If you are called Renault, it fits in your
business model, there is no problem, it is
embedded in all your cars, it may cost a
fortune, but you have money for it. It's in
your economic model, you can pay, in
public transport, it's much more
complicated, there's much less
money, so [...] for actors like us,
because in fact, we're not in an
economy of very rich people,
unfortunately, we have to do things as
well as possible,

16. API and digital economy : a lot of pressure and constraints
for the users
15
Ethical
“Just to underline that, especially in the last few
years, it was really a big battle to be able to
continue to provide the tools that we can
provide, that's why, on the one hand, the lack
of resources, but also the growing difficulty to
manage quite a lot of different subjects,
including ethical considerations [...}, legal
issues, it existed before, but I think that today,
all that is much more pointed” Interview APIToS
May 2021

17. But also...
Developers don’t read API Tos
16
●
Mainly and overly legal topics – lack of interest
●
Readability / Complexity – lack of support of legal services

18. What improvements can be made ?
17

19. 3 main leverages raised
18
1. Enhancing trust between consumers and suppliers
2. Simplifying (and standardizing) the contractualisation process
of API
3. Enabling the creation and sustainability of larger API
ecosystems

20. Summary
19
 
For users
●
Have confidence in the data
providers
●
Reduce power and users
asymmetries (communication,
usage constraints, adaptation to
changes)
●
Get the economic stakes out of the
ToS to make them more
sustainable
For regulators
●
Rebalance the power relationship
●
Integrate ToS in the current dynamics of digital economic
regulation (RGPD, data sovereignty)
For suppliers
●
Facilitate interoperability and
interfacing between APIs and ToS
(time saving and efficiency)
●
Give confidence to users (foster the
usages)
●
Rely on a common base, do not
have to reinvent the wheel

21. Shape is part of the solution
20
https://www.legaltechdesign.com/
“I have the impression that the majority
of API users do not ask themselves the
question of TOS, so making them more
readable, will it really influence
behavior?” Interview May 2021 APIToS
Even if we speak about ToS, the
solution should result from a
approach combining Law / Tech &
Design :

22. API open and sustainable initiatives today
21

23. 22
API open and sustainable initiatives today

24. Possible prototypes (1) : certification or label
23
A certification or label, that guarantees that main critical clauses are
participating to the sustainability of APIs (eg. “Sustainable and open API
suppliers”)

25. Possible prototypes (2) : (auto)evaluation grid/ score
24
An evaluation grid or/ a score giving an approximation of the openness
and sustainability of an API concerning API Terms of Service (eg: TOP
Guidelines, nutriscore)
https://openethics.ai/vector/
https://www.cos.io/initiatives/top-guidelines

26. Possible prototypes (3) : a framework as Creative Commons
25
Using a framework available for anybody who want to create better ToS
API (like Guidelines or Model contracts). For instance INTILA project
(Model contracts for licensing interoperability information)

27. Possible prototypes (4) : a set of licences as as standard
Defining a set of licenses as a standard shared & used all around the word
by people who want more trust on APIs.

28. Possible prototypes (5) : legislation perspective
27
A law, that will oblige to clarify certain clauses for certain use cases (data
storage localization, personal data, etc) Very large extent

29. Possible prototypes
28

30. Help us to co-design !
29
contact@apitos.org

31. https://opencollective.com/apitos-cc
Contribute, Donate or sponsor
contact@apitos.org

32. New York
JULY
Australia
SEPTEMBER
Singapore
APRIL
Helsinki & North
MARCH
Paris
DECEMBER
London
OCTOBER
Jakarta
FEBRUARY
Hong Kong
AUGUST
JUNE
India
MAY
Check out our API Conferences here
50+ events since 2012, 14 countries, 2,000+ speakers, 50,000+ attendees,
300k+ online community
Want to talk at one of our conferences?
Apply to speak here