The U.S. Food and Drug Administration (“FDA”) offers some of its public data in machine-readable format through openFDA, a service located at https://open.fda.gov. Use of the data made available via openFDA is generally unrestricted (see “Data Rights and Usage”). However, the service through which we make that data available is offered subject to your acceptance of the terms and conditions contained herein as well as any relevant sections of the FDA Website Policies.
The service (“openFDA”) through which you may access FDA public data is subject to these terms. Use of openFDA constitutes acceptance to this Agreement.
Data Rights and Usage
Unless otherwise noted, the content, data, documentation, code, and related materials on openFDA is public domain and made available with a Creative Commons CC0 1.0 Universal dedication. In short, FDA waives all rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law. You can copy, modify, distribute, and perform the work, even for commercial purposes, all without asking permission. FDA makes no warranties about the work, and disclaims liability for all uses of the work, to the fullest extent permitted by applicable law.
Some data on openFDA may not be public domain, such as copies of copyrightable works made available to the FDA by private entities. FDA may make these works available under the fair use provision of the Copyright Act or as a result of regulatory directives. Therefore, your rights to use those works may be similarly limited. Works where CC0 do not apply will be clearly marked by a warning in the relevant documentation (for example: “This data is not in the public domain. Third party copy rights may apply.”).
While not required, when using content, data, documentation, code, and related materials from openFDA in your own work, we ask that proper credit be given. An example citation is provided below:
Data provided by the U.S. Food and Drug Administration (https://open.fda.gov)
Right to Limit
Your use of openFDA may be subject to certain limitations on access, calls, or use as set forth within this Agreement or otherwise provided by FDA. These limitations are designed to manage load on the system, promote equitable access, and prevent abuse. If FDA reasonably believes that you have attempted to exceed or circumvent these limits, your ability to use openFDA may be temporarily or permanently restricted. FDA may monitor your use of openFDA to improve the service or to ensure compliance with this Agreement.
If you wish to terminate this Agreement, you may do so by refraining from further use of openFDA. FDA reserves the right (though not the obligation) to refuse to provide openFDA to you if it is FDA’s opinion that use violates any FDA or Federal policy or law. FDA also reserves the right to stop providing openFDA at any time for any reason in its sole discretion. All provisions of this Agreement, which by their nature should survive termination, shall survive termination including warranty disclaimers and limitations of liability.
FDA reserves the right, at its sole discretion, to modify or replace this Agreement, in whole or in part. Your continued use of or access to openFDA following posting of any changes to this Agreement constitutes acceptance of those modified terms. FDA may in the future, offer new services and/or features through openFDA. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Disclaimer of Warranties
The openFDA platform is provided “as is” and on an “as-available” basis. While we will do our best to ensure the service is available and functional as much as possible, FDA hereby disclaim all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. FDA makes no warranty that openFDA data will be error free or that access thereto will be continuous or uninterrupted.
Limitations on Liability
In no event will FDA be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (1) any special, incidental, or consequential damages; (2) the cost of procurement of substitute products or services; or (3) for interruption of use or loss or corruption of data.
This Agreement constitutes the entire Agreement between FDA and you concerning the subject matter hereof, and may only be modified by the posting of a revised version on this page by the FDA.
Any disputes arising out of this Agreement and access to or use of openFDA shall be governed by federal law.
No Waiver Rights
FDA’s failure to exercise or enforce any right or provision of this Agreement shall not constitute waiver of such right or provision.