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Speech2Topics

FREEMIUM
By yactraq
Updated 4 months ago
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Speech2Topics API Pricing

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Speech2TopicsAPI TERMS OF USE

YACTRAQ ONLINE INC.

LICENSE AGREEMENT (SPEECH2TOPICS) This License Agreement (Speech2Topics) (“Agreement”) is made as of the date of registration as a Yactraq API user (the “Effective Date”), by and between the following parties:

Yactraq:

Yactraq Online Inc. 13238-14thAvenue Surrey, British Columbia V4A 1G5, Canada

Yactraq Contact:
Email: [email protected] Customer: The person or business entity that is registering to use the Yactraq Speech2Topics API

Yactraq has developed the Yactraq Solution (as defined below), which provides the functionality of taking digital audio input in a wide variety of DRM-free formats (including both stored and streaming audio and video) and producing time-coded topic output in JSON format. Customer desires to acquire a license to use the Yactraq Solution and Yactraq desires to provide access to the Yactraq Solution to Customer on the terms and conditions set forth in this Agreement. THE PARTIES HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THOSE TERMS CONTAINED ON THE FOLLOWING PAGES HEREOF.
The following business terms shall apply to this Agreement and are referenced in the Terms and Conditions contained on the following pages hereof: Fee: No charge, provided the Yactraq solution is used solely for product development purposes (not for commercial production or revenue generation) and the total amount of customer data processed is less than 100 hours. To use the API for commercial purposes please contact [email protected]

Customer's access to and use of the Yactraq solution is governed solely by the terms of this Agreement which supersedes the terms of any other prior writing or understanding between the parties. The parties have caused this Agreement to be effective as of the Effective Date set forth above.
TERMS AND CONDITIONS

  1. DEFINITIONS. As used in this Agreement: 1.1 “Yactraq Service” means the Yactraq Speech2Topics software solution made available to Customer in accordance with the terms of this Agreement. 1.2 “Yactraq Solution” means the Yactraq Service made available to Customer in accordance with the terms of this Agreement. 1.3 “Confidential Information” means all information regarding a party's business, including, without limitation, technical, marketing, financial, employee, planning, and other confidential or proprietary information, disclosed under this Agreement, that is clearly identified as confidential or proprietary at the time of disclosure or that the receiving party knew or should have known, under the circumstances, was considered confidential or proprietary. Confidential Information includes the Customer Data, information derived from or concerning the Yactraq Service or the Yactraq Solution and the terms of this Agreement. 1.4 “Customer Data” means any audio file or content, video file or content, data, information or information contained in any file, database, or other document or media submitted by Customer through the Yactraq Solution or provided by Customer to Yactraq as part of the Yactraq Solution. 1.5 “Fees” is defined in Section 4 hereof.
  2. YACTRAQ SOLUTION.
    2.1 License to the Yactraq Service. Subject to the terms of this Agreement, including, without limitation, the payment of the Fees set forth in Section 4 hereof, Yactraq hereby grants to Customer a non-sublicensable, non-transferable, non-exclusive right to access and use the Yactraq Service during the term of this Agreement solely for Customer's internal business purposes and not for resale or to provide services to third parties.
    2.2 Customizations and Additional Services. Any customizations or additional services requested by Customer may be performed at extra cost to the Customer, pursuant to a separate written agreement mutually agreed upon between the parties.
  3. CUSTOMER'S USE OF THE YACTRAQ SOLUTION.
    3.1 Customer Data. Customer is solely responsible for the Customer Data and will not provide or transmit any Customer Data or any other information, data or material that: (a) infringes or violates any intellectual property rights, publicity/privacy rights, law or regulation; or (b) contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information. Yactraq may take remedial action if Customer Data violates this Section 3.1, however, Yactraq is under no obligation to review Customer Data for accuracy or potential liability. All use of the Yactraq Solution in conjunction with any Customer Data is the responsibility of Customer. 3.2 Use Restrictions. Customer will not, and will not attempt to: (a) reverse engineer, disassemble or decompile any component of the Yactraq Solution; (b) interfere in any manner with the operation of the Yactraq Solution or the hardware and network used to operate the Yactraq Solution; (c) sublicense or transfer any of Customer's rights under this Agreement, or otherwise use the Yactraq Solution for the benefit of a third party or to operate a service bureau; (d) modify, copy or make derivative works based on any part of the Yactraq Solution; or (e) otherwise use the Yactraq Solution in any manner that exceeds the scope of use permitted under Sections 2.1 hereof.
  4. FEES, PAYMENT AND SUSPENSION OF SERVICES.
    4.1 Fees. As consideration for the provision of the Yactraq Solution provided by Yactraq under this Agreement, Customer will pay Yactraq the fees (“Fees”) set forth on the cover page of this Agreement. Customer shall pay such invoiced Fees within fifteen (15) days of receipt of each such invoice. 4.2 Other Payment Terms. Customer shall reimburse Yactraq for all expenses (including reasonable attorneys' fees) incurred by Yactraq to collect any amount that is not paid when due. All Fees owed by Customer in connection with this Agreement are exclusive of, and Customer shall pay, all sales, use, excise and other taxes that may be levied upon Customer in connection with this Agreement, except for employment taxes and taxes based on Yactraq's net income. Yactraq reserves the right (in addition to any other rights or remedies Yactraq may have) to discontinue the Yactraq Solution and Customer's access to the Yactraq Solution if any Fees are more than thirty (30) days overdue until such amounts are paid in full. Customer shall maintain complete, accurate and up-to-date Customer billing and contact information at all times.
  5. CONFIDENTIAL INFORMATION. 5.1 Obligation. Each party agrees (a) to hold the other party's Confidential Information in strict confidence, (b) to limit access to the other party's Confidential Information to those of its employees or agents having a need to know and who are bound by confidentiality obligations at least as restrictive as those contained herein, and (c) not to use such Confidential Information for any purpose except as expressly permitted hereunder. Notwithstanding the foregoing, the receiving party will not be in violation of this Section 5.1 with regard to a disclosure that was in response to a valid order or requirement by a court or other governmental body, provided that the receiving party gives the other party with prior written notice of such disclosure in order to permit the other party to seek confidential treatment of such information. 5.2 Exceptions. The restrictions on use and disclosure of Confidential Information set forth above will not apply to any Confidential Information, or portion thereof, which (a) is or becomes a part of the public domain through no act or omission of the receiving party, (b) was in the receiving party's lawful possession prior to the disclosure, as shown by the receiving party's competent written records, (c) is independently developed by the receiving party without reference to the disclosing party's Confidential Information, as shown by the receiving party's competent written records, or (d) is lawfully disclosed to the receiving party by a third party without restriction on disclosure.
  6. OWNERSHIP. 6.1 Yactraq Solution and Technology. Customer acknowledges that Yactraq retains all right, title and interest in and to the Yactraq Solution and all software, materials, formats, interfaces, information, data, content and information and technology used by Yactraq or provided to Customer in connection with the Yactraq Solution, and any modifications to or derivative works of any of the foregoing (the “Yactraq Technology”), and that the Yactraq Technology is protected by intellectual property rights owned by or licensed to Yactraq. Other than as expressly set forth in this Agreement, no license or other rights in the Yactraq Technology are granted to the Customer, and all such rights are hereby expressly reserved by Yactraq. Yactraq shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Yactraq Solution any suggestions, enhancement requests, recommendations or other feedback provided by Customer relating to the Yactraq Solution. Without limiting the foregoing in this Section 6.1, Customer may not replicate, improve, modify, or create variations of any Yactraq Technology or Yactraq' Confidential Information. Customer may not make, use, sell, exploit, commercialize or seek patent protection for any compositions or matter relating to the Yactraq Technology or Yactraq' Confidential Information, new applications and uses for the Yactraq Technology and/or Yactraq' Confidential Information, and combinations of the Yactraq Technology with other products or software. 6.2 Customer Data. Customer retains all right, title and interest in and to the Customer Data. Yactraq will only use Customer Data in the course of providing the Yactraq Solution under this Agreement. Customer will be solely responsible for providing all Customer Data required for the proper operation of the Yactraq Solution. Customer grants to Yactraq all necessary licenses in and to such Customer Data solely as necessary for Yactraq to provide the Yactraq Solution to Customer. Yactraq will not knowingly use or access any Customer Data unless authorized to do so by Customer and, in such circumstances, Yactraq will access and use such Customer Data only as required to perform requested services on behalf of Customer.
  7. TERM AND TERMINATION.
    7.1 Term. The initial term of this Agreement will commence on the Effective Date and continue until terminated in accordance with the terms hereof. Yactraq reserves the right to increase the Fees applicable hereunder upon sixty (60) days prior written notice to Customer.
    7.2 Termination for Convenience. Either party may terminate this Agreement for convenience upon thirty (30) days written notice to the other party. 7.3 Termination for Breach. Either party may terminate this Agreement upon written notice if the other party materially breaches the Agreement and does not cure such breach (if curable) within ten (10) days after written notice of such breach.
    7.4 Effect of Termination. Upon the termination of this Agreement for any reason, (a) any amounts owed to Yactraq under this Agreement before such termination will become immediately due and payable; and (b) each party will return to the other all property (including any Confidential Information) of the other party in its possession or control. 7.5 Survival. Sections 4, 5, 6, 7.4, 7.5, 8, 9, 10 and 11 and any other sections hereof which ought reasonably to survive will survive the termination or expiration of this Agreement.
  8. WARRANTY; DISCLAIMER.
    Except for any representations and warranties expressly set forth in this Agreement, Yactraq makes no warranty, representation or condition of any kind concerning the Yactraq Solution or Yactraq Technology. ACCORDINGLY, THE YACTRAQ SOLUTION, THE YACTRAQ TECHNOLOGY AND ALL OTHER DATA, MATERIALS, AND DOCUMENTATION PROVIDED IN CONNECTION WITH THIS AGREEMENT BY YACTRAQ AND ITS SUPPLIERS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. YACTRAQ AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. YACTRAQ DOES NOT WARRANT THAT THE YACTRAQ SOLUTION WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE, OR VIRUS-FREE.
  9. INDEMNITY.
    9.1 By Yactraq. If any action is instituted by a third party against Customer based upon a claim that the Yactraq Solution, as provided by Yactraq, infringes a Canadian or United States patent or copyright, Yactraq shall defend such action at its own expense on behalf of Customer and shall pay all damages attributable to such claim which are finally awarded against Customer or paid in settlement of such claim. Yactraq may, at its option and expense, and as Customer's exclusive remedy hereunder, (a) procure for Customer the right to continue using the Yactraq Solution, (b) replace or modify the Yactraq Solution so that it is no longer infringing but continues to provide comparable functionality, or (c) terminate this Agreement and Customer's access to the Yactraq Solution and refund any amounts previously paid for the Yactraq Solution attributable to the remainder of the then-current term of this Agreement. Yactraq shall have no liability to Customer for any infringement action which arises out of a breach of the terms and conditions of this Agreement by Customer, or of the use of the Yactraq Solution (i) after it has been modified by Customer or a third party without Yactraq's prior written consent, or (ii) in combination with any other service, software or process not provided by Yactraq. This Section sets forth the entire obligation of Yactraq and the exclusive remedy of Customer against Yactraq or any of its suppliers for any alleged infringement or adjudicated infringement or misappropriation of any patent, copyright or other intellectual property right or proprietary right by the Yactraq Solution. 9.2 By Customer. If any action is instituted by a third party against Yactraq (a) arising out of or relating to Customer's use of the Yactraq Solution or Yactraq Technology (including claims by any customer or business partner of Customer); or (b) alleging that the Customer Data, or the use of Customer Data pursuant to this Agreement, infringes the intellectual property, privacy or other right of a third party or otherwise causes harm to a third party, Customer will defend such action at its own expense on behalf of Yactraq and shall pay all damages attributable to such claim which are finally awarded against Yactraq or paid in settlement of such claim.
    9.3 Conditions. Any party that is seeking to be indemnified under the provision of this Section 9 (an “Indemnified Party”) must (a) promptly notify the other party (the “Indemnifying Party”) of any third-party claim, suit, or action for which it is seeking an indemnity hereunder (a “Claim”), and (b) give the Indemnifying Party the sole control over the defense of such Claim. However, if an Indemnified Party fails to notify the Indemnifying Party promptly, the Indemnifying Party will be relieved of its obligations under this Section 9 only if and to the extent that its ability to defend the Claim is materially prejudiced by such failure. The Indemnifying Party may settle or compromise a Claim without the Indemnified Party's prior approval of any such settlement or compromise only if (A) such settlement involves no finding or admission of any breach by an Indemnified Party of any obligation to any third party, (B) such settlement has no effect on any other claim that may be made against an Indemnified Party or any defense that an Indemnified Party may assert in any such claim, and (C) the sole relief provided in connection with such settlement is monetary damages that are paid in full by the Indemnifying Party. Upon the Indemnifying Party's assumption of the defense of such Claim, the Indemnified Party will cooperate with the Indemnifying Party in such defense, at the Indemnifying Party's expense.
  10. LIMITATION OF LIABILITY.
    10.1 Limitation of Liability. YACTRAQ'S TOTAL CUMULATIVE LIABILITY TO CUSTOMER FOR ANY AND ALL CLAIMS ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT (UNDER ANY LEGAL THEORY INCLUDING CLAIMS IN CONTRACT OR TORT), THE YACTRAQ SOLUTION OR THE YACTRAQ TECHNOLOGY, WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID TO YACTRAQ BY CUSTOMER IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE CUSTOMER'S FORMAL WRITTEN NOTICE OF THE CLAIM FOR LIABILITY HEREUNDER. ALL CLAIMS THAT CUSTOMER MAY HAVE AGAINST YACTRAQ WILL BE AGGREGATED TO SATISFY THIS LIMIT AND MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL YACTRAQ BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (UNDER ANY LEGAL THEORY INCLUDING CLAIMS IN CONTRACT OR TORT), INCLUDING, BUT NOT LIMITED TO, INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF ANY INFORMATION OR DATA OR OF THE YACTRAQ SOLUTION OR YACTRAQ TECHNOLOGY, EVEN IF YACTRAQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
  11. GENERAL PROVISIONS 11.1 Assignment. Neither party may assign any rights or obligations arising under this Agreement, whether by operation or law or otherwise, without the prior written consent of the other; except that Yactraq may assign this Agreement without consent of Customer in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets or shares. This Agreement shall inure to the benefit of and shall be binding on the successors and assignees of the parties. 11.2 Governing Law and Venue. This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada therein without giving effect to principles of conflict of laws. Except for applications for injunctive relief by Yactraq, any action or proceeding arising from or relating to this Agreement must be brought in a court sitting in the city of Vancouver, British Columbia, Canada, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
    11.3 Notices. Any notice or other communication required or permitted under this Agreement and intended to have legal effect must be given in writing to the other party at the address set forth above (each party may change its address from time to time upon written notice to the other party of the new address). Notices will be deemed to have been given upon receipt (or when delivery is refused) and may be (a) delivered personally, (b) sent via certified mail (return receipt requested) (c) sent via cable, telegram, telex, telecopier, fax (all with confirmation of receipt), or (d) sent by recognized air courier service. 11.4 Entire Agreement. This Agreement is the entire understanding and agreement of the parties, and supersedes any and all previous and contemporaneous understandings, agreements, proposals or representations, written or oral, between the parties, as to the subject matter hereof. Only a writing signed by both parties may modify it.
    11.5 Severability and Waiver. In the event that any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. 11.6 Relationship of the Parties. The parties to this Agreement are independent contractors, and no agency, partnership, franchise, joint venture or employee-employer relationship is intended or created by this Agreement. 11.7 Counterparts. This Agreement may be executed in counterparts and by facsmile or other means of electronic communication producing a printed copy, which taken together shall form one legal instrument.
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unirest.get("https://yactraq-yactraq-speech2topics.p.rapidapi.com/stream-status?guid=youtube%3ANBuLeA7nNFk&start=1&tx=1&adset=adset_value&url=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DNBuLeA7nNFk")
.header("X-RapidAPI-Host", "yactraq-yactraq-speech2topics.p.rapidapi.com")
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.end(function (result) {
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});
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