CoinMarketCal SARL API Terms of Service

1. Acceptance

The CoinMarketCal API (described below) is provided by CoinMarketCal SARL ("CoinMarketCal", "Company", "we", "us" or "our"). Should you wish to use our CoinMarketCal API, you must accept fully all the terms and conditions herein this CoinMarketCal API Terms of Service ("API Terms"). You must therefore read and accept our API Terms fully before you commence using our CoinMarketCal API, as once you start accessing or using our CoinMarketCal API, you are agreeing to be fully and legally bound by all provisions herein this API Terms, our Privacy Policy and Website Terms and Conditions (the terms of which are incorporated herein by reference).

In the event that you are using our CoinMarketCal API and therefore entering into this API Terms on behalf of an incorporation, partnership or other legal entity, you hereby warrant that you are duly authorised to represent and bind such entity to the API Terms. Under such circumstances, all references to "you" or "your" in this API Terms shall also refer to such entity. Should you lack the aforesaid authority or if you (or the entity that you represent) do not agree with any terms herein this API Terms, our Privacy Policy and Website Terms and Conditions, you are not permitted to use the CoinMarketCal API.

You, as a user of the CoinMarketCal API, acknowledges and accepts that the API Terms as well as our Privacy Policy and Website Terms and Conditions constitutes a legally binding contract between CoinMarketCal and you (even though they are in electronic form and do not require physical signing or online acknowledgement) governing your use of our CoinMarketCal API.

2. Definitions

  1. "Application" or "App" means any software or mobile application, website, product or service that is developed, created or offered using our CoinMarketCal API.
  2. "API Documentation" means the documentation, data and information that CoinMarketCal provides regarding the use of our CoinMarketCal API through our API Site.
  3. "API Site" means our API development site found at coinmarketcal.com/en/api.
  4. "CoinMarketCal API" means the Application Programming Interface ("API") made available to the public by our Company as well as the related API Documentation.
  5. "CoinMarketCal Brand" means the "COINMARKETCAL" brand name and other brandings, names, logos, slogans, services marks, trade marks, trade names and design elements belonging to CoinMarketCal.
  6. "Data" means; (i) any data and content uploaded, posted, transmitted or otherwise made available by CoinMarketCal on its website https://coinmarketcal.com or other associated sites/platforms/channels (including but not limited to information pertaining to the digital coins listed by CoinMarketCal, market data on cryptocurrency, events, votes, images and additional statistics); and (ii) where channels are made available by CoinMarketCal for interactive acts by Users, any data, content, comments, profile information, and messages uploaded, posted, or transmitted by other Users via such aforesaid channels.
  7. "Service(s)" means CoinMarketCal’s products and services including but not limited to the CoinMarketCal API, its website https://coinmarketcal.com (the "Site"), and all software, applications, mobile applications, data, reports, text, images, messaging channels, message services, updates, content, newsletters, event alerts, databases, forums, articles, analysis and other information made available by or on behalf of CoinMarketCal through any of the foregoing. The "Service" does not include information, software application, mobile application, platform, website, or service that is provided by you or a third party (including Applications), whether or not CoinMarketCal designates them as "official integrations".
  8. "Users" means any and all users of our CoinMarketCal API, which includes you.

3. Grant of License

Pursuant to the provisions of this API Terms, CoinMarketCal hereby grants you a limited, non-exclusive, non-assignable, non-transferable and irrevocable license to use the CoinMarketCal API to develop, test, and support any software application, mobile application, website, platform, service or product, as well as to integrate or incorporate the CoinMarketCal API with your Application. The aforesaid license granted to you is subject to the limitations set forth in Section 4 and Section 9 below, and you agree that violation of Section 4 will automatically terminate the license granted herein to you to use the CoinMarketCal API.

4. Scope of Use

  1. Your use of CoinMarketCal’s API is limited to the following:
    1. In order to further develop our CoinMarketCal API, Applications, Data, Services, platforms, channels and/or products (individually and collectively, "our Property"), we may at any time make changes to the CoinMarketCal API and/or this API Terms without any notice to you. You agree that it is your responsibility to regularly check our Site at https://coinmarketcal.com/en/api for updates to our CoinMarketCal API and/or this API Terms. In addition, parts of our CoinMarketCal API may be undocumented, included certain aspects, events, methods and properties. Accordingly, in view of the potential changes at any time to our CoinMarketCal API (whether documented or otherwise), Applications, Data, Services, platforms, channels and/or products, you agree that you will not rely on any function, behaviour, capability or other aspects of our CoinMarketCal API, Applications, Data, Services, platforms, channels and/or products.
    2. Our Property (including but not limited to our CoinMarketCal API) may not be used in breach of any applicable laws or regulations, or to infringe the rights of any persons or entities, including but not limited to usage to assist in infringement of a third party’s intellectual property rights, privacy rights, or in any manner which is inconsistent with this API Terms, our Privacy Policy and Website Terms and Conditions and/or any other agreements with CoinMarketCal to which you are subject.
    3. Our CoinMarketCal API (and our other Property, if licensed to you herein) may not be used in any manner that accesses or uses any information beyond what is permitted hereunder this API Terms or the API Documentation, changes any aspect of or disrupts or interferes with or degrades the performance of the Services, interrupts or circumvents any of CoinMarketCal’s security measures, operational, administrative or technical procedures, hacks into or tests the vulnerability of our Services, CoinMarketCal API, our systems and/or networks.
    4. You undertake not to, whether directly or indirectly, by yourself or in assisting others, introduce any worms, trojans, viruses, hacks or other computer programmes that may damage, interfere with, interrupt, intercept, phish, data mine or expropriate any system or data (including but not limited to the Data, CoinMarketCal API and our Services) to or from any of our Property and associated networks, nor attempt any of the aforegoing.
    5. You undertake not to, whether directly or indirectly, by yourself or in assisting others, reverse engineer or otherwise derive source codes, trade secrets, or know-how form any of our Property (including but not limited to the CoinMarketCal API) or any portion thereof nor attempt any of the aforegoing.
    6. You further acknowledge that in future, CoinMarketCal may offer products, services or other Applications that are similar to your offerings, and you agree that CoinMarketCal is fully entitled to do so without any restrictions or notice to you.
    7. You are entitled to charge for your services and products that incorporate or integrates our CoinMarketCal API. However, you are not permitted to sell, rent, lease, sub-license, re- distribute or syndicate access to the CoinMarketCal API or part thereof.
    8. You are entitled to place advertisements on and around your products, services, website, platforms, mobile applications and software applications ("your Products") that incorporate or integrates our CoinMarketCal API. However, you are not permitted to:
      1. place any advertisements on any of our Property, and any advertisements that you place on or around your products, services, website, platforms, mobile applications and software applications must not resemble or be reasonably likely to confuse any persons into thinking that the advertisements belong to CoinMarketCal, pertain to any CoinMarketCal’s products or services, or are messages/notifications from CoinMarketCal;
      2. use the CoinMarketCal API for or to promote gambling (whether the CoinMarketCal API is integrated with or incorporated as part of your Products), or place any advertisements around any of your Products integrating or incorporating the CoinMarketCal API that constitutes adult/sexual content or offers online gambling;
      3. use any Data, information or other content from any of our Property in any advertisements or for targeting advertisements, in any of your Products or part thereof;
      4. use any contact information procured from our Property or any contact information of any other Users (including but not limited to email addresses) howsoever obtained to contact any Users without the prior written consent of CoinMarketCal and the owners of such contact information;
      5. conduct and your Products will not provide analyses or research that isolates a small group of individuals or any single individual for any unlawful or discriminatory purposes; nor
      6. make any public statements or representations in any mode, media or channel (including but not limited to online forums, blogs or social media platforms) regarding CoinMarketCal or any of our Products (including but not limited to the CoinMarketCal API) without our prior written consent.
  2. Rate limit for the CoinMarketCal API is 5 calls each second per Internet Protocol ("IP") address, although such rate limit may be varied by CoinMarketCal at any time in its sole discretion without notice or reference to you or any Users. You agree not to exceed or circumvent (or make any attempts thereto) the aforesaid rate limitation, limitations on the calls and use of CoinMarketCal API as may be implemented by CoinMarketCal from time to time in its sole discretion (without any notice or reference to you), or otherwise use the CoinMarketCal API in a manner that can be anticipated to exceed reasonable request volume, constitute excessive or abusive usage, or otherwise fail to comply or is inconsistent with any part of this API Terms or the API Documentation./li>
  3. You undertake that in your usage of the CoinMarketCal API, you may duly attribute ownership of the CoinMarketCal API to CoinMarketCal by displaying prominently the message "Powered by CoinMarketCal" in a legible font (an example of a legible font type being "Arial") no smaller than font size 10.
  4. You are not permitted to use the CoinMarketCal Brand in a manner that may mislead or suggest that your Products (or any part thereof) is endorsed, sponsored by or howsoever associated with CoinMarketCal.

5. Data Caching and Storage

  1. If you decide to cache or store Data:
    1. You should refresh the cache at least every 24 hours;
    2. Strong encryption and other security measures should be applied to stored Data;
    3. When a User requests that you delete all User Data that you have collected from such User as a result of the User utilizing our CoinMarketCal API (where our CoinMarketCal API has the functionality or channels for the collection of such User Data), you must promptly delete all such User Data unless required for legitimate legal or business purposes (such as following up with a continuing contract with such User).
    4. In the event that CoinMarketCal terminates your access to or use of the CoinMarketCal API (regardless of reasons), you agree to promptly and permanently delete all Data and any other information that you have stored pursuant to your use of or access to the CoinMarketCal API, without keeping any copy thereof unless required by applicable law.
  2. Except as expressly permitted hereunder this API Terms, you are not allowed to duplicate, reproduce, copy, store, alter, derive from or translate any Data, API Documentation, or any information expressed by the Data.

6. User Agreement for your Products

  1. In the event that any your Products are offered for use to others outside your entity, you agree that you will have in place a binding user agreement and privacy policy which must at the very least: (a) identify the CoinMarketCal API as being the property of CoinMarketCal; (b) ensure that your users/customers abide by this API Terms in using the CoinMarketCal API (whether as part of our Products or otherwise); (c) exclude and disclaim all liability of CoinMarketCal for all usage of the CoinMarketCal API (or part thereof); (d) stipulate your assumption of full responsibility and liability for offering the CoinMarketCal API as part of your Products to your users/customers; (e) set out clearly in your easily accessible privacy policy your purpose and methods for collection, storage, use, disclosure and transfer of personal data of your users in accordance with privacy and data protection laws applicable to you, in no event to be less stringent than the requirements thereunder our Privacy Policy.

7. Security Measures

  1. You undertake to implement stringent and robust security systems to protect your network, operating system, servers, databases, computers, user information, personal data, and other components that are part of, supporting or constituting your Products that are integrating, incorporating or howsoever using the CoinMarketCal API ("your Systems"). In the event that any of your Systems are howsoever compromised (whether via hacking, unauthorised use or access or other security breaches), you must inform us immediately via email at contact@coinmarketcal.com, and we shall determine in our sole discretion whether to terminate your access to and/or use of our CoinMarketCal API, as such security breaches may have adverse effect to our reputation (as assessed in our sole discretion and we are not obligated to provide reasons for our decision). In the event that we terminate your access to or use of our CoinMarketCal API, you shall comply immediately with the clauses thereunder Section 9.

8. Ownership

  1. All assets, rights, title and interest in and to our CoinMarketCal Brand, our API Documentation, CoinMarketCal API, and our other Property (including but not limited to intellectual property rights) belong fully to CoinMarketCal. You are only provided with a limited license to use as set out herein this API Terms, and no other rights, title, interest, ownership or property of any kind is passed to you by virtue of your use of our Property. For the avoidance of doubt, any inventions that you may create incorporating our CoinMarketCal API does not transfer any right of ownership or interest in our CoinMarketCal API to you although you may be deemed by applicable law to be the owner of such inventions (which shall be exclusive of the CoinMarketCal API). In addition, you agree to perform such acts and execute such documents (without compensation) as CoinMarketCal may from time to time request of you in order to perfect CoinMarketCal’s rights to our Property.

9. Termination

  1. This API Terms take effect on the date that you agree to them or access or use the CoinMarketCal API, whichever is the earliest, and will subsist until terminated by CoinMarketCal or you pursuant to the provisions of this API Terms.
  2. You may terminate your being bound by this API Terms by discontinuing your access to and/or use of our CoinMarketCal API, and emailing us at contact@coinmarketcal.com.
  3. We may at any time vary, amend, change, suspend or discontinue provision of any of our Property, including but not limited to the CoinMarketCal API, suspend or terminate your use of the CoinMarketCal API and/or the CoinMarketCal Brand without notice or reasons to you. Without prejudice to the aforegoing, we may also in our discretion restrict your access to or use of our CoinMarketCal API if in our sole discretion, we determine that your access to or use of our CoinMarketCal API may howsoever negatively impact on our Products or Services.
  4. Upon termination of this API Terms:
    1. All rights and licenses granted to you hereunder will cease and terminate immediately;
    2. You undertake to promptly destroy the API Documentation, Data and any other information procured from CoinMarketCal or any of our Property that may be in your possession or control; and
    3. Except where we specifically grant our prior consent in writing, or unless otherwise stated in this API Terms, you undertake to promptly and permanently delete all Data and other information procured from or relating to CoinMarketCal and any of our Property that you have stored in relation to your access to or use of the CoinMarketCal API. You agree to certify in writing the aforesaid destruction of stored Data and information should CoinMarketCal request such certification from you.
  5. All provisions hereunder this API Terms that must by their nature survive the termination of this API Terms in order to give effect to their intention shall survive the termination of this API Terms, including but not limited to clauses 5.1.3, 5.1.4, 5.2 and the clauses thereunder Sections 6, 8, 9, 10 and 11.

10. Your Warranties

  1. You hereby represent and warrant to CoinMarketCal that you (including any entity that you represent) are able to enter into and be fully bound by this API Terms and to use the CoinMarketCal API pursuant to this API Terms without violating any laws or regulations applicable to you, infringing any third party’s rights (including but not limited to intellectual property rights), and/or any other contracts to which you are bound by.
  2. Without limiting the scope of the clauses thereunder Section 11, you hereby warrant and undertake (and shall procure the same undertaking from any entity that you represent) to not initiate any legal actions or make any claims of any kind against CoinMarketCal for any damages, expenses or losses that you may suffer as a result of your use of (or inability to use) any of our Property (including but not limited to the CoinMarketCal API). You further acknowledge that we may at any time without notice or reference to you amend this API Terms and/or modify any aspect or function of the CoinMarketCal API, which may have adverse effects on your usage of the CoinMarketCal API and your business associated thereto, however, your only recourse will be to terminate your use of the CoinMarketCal API and you agree to not make any claims of any kind against CoinMarketCal. For the avoidance of doubt, your continued access or use of the CoinMarketCal API or any of our Property will constitute your acceptance of and agreement to all our aforesaid amendments and modifications. The date on which the latest version of this API Terms takes effect will be as indicated at the top of this API Terms.
  3. Your use of and/or access to our Property (including the CoinMarketCal API) is also subject to our Privacy Policy and Website Terms and Conditions and/or any other terms and conditions that we may implement from time to time in our discretion, of which you must keep yourself updated by regularly visiting the pages at coinmarketcal.com/en/terms-of- service and coinmarketcal.com/en/privacy-policy on our Site containing such terms and conditions. In the event of any conflict between the various applicable agreements/terms and conditions, the terms of this API Terms (based on its latest version) will take precedent in relation to your use of our CoinMarketCal API.

11. Exclusions, Disclaimers and Limitation of Liability

  1. OUR PROPERTY, INCLUDING BUT NOT LIMITED TO THE COINMARKETCAL API, AND ALL RELATED COMPONENTS, DATA, DOCUMENTATION AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND COINMARKETCAL HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, CONTINUED ACCESSIBILITY, FUNCTIONALITY, SECURITY, AND NON- INFRINGEMENT. YOU THEREFORE ACKNOWLEDGE THAT COINMARKETCAL DOES NOT WARRANT THAT OUR PROPERTY (INCLUDING BUT NOT LIMITED TO THE COINMARKETCAL API, DATA AND API DOCUMENTATION) WILL BE UNINTERRUPTED, TIMELY, UPDATED, ACCURATE, SECURE, ERROR-FREE, OMMISSION-FREE, OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE FUNCTIONS THAT MAY BE PERFORMED OR RESULTS THAT MAY BE OBTAINED FROM USE OF OUR PROPERTY (INCLUDING BUT NOT LIMITED TO THE COINMARKETCAL API), AND NO PRODUCTS, INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM COINMARKETCAL OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API TERMS.
  2. YOU (AND ANY ENTITY THAT YOU MAY REPRESENT) HEREBY AGREE THAT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, EQUITY, AT LAW OR OTHERWISE) WILL COINMARKETCAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR; (I) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF SALES, LOSS OF OPPORTUNITIES, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF REPUTATION; OR (II) FOR ANY AMOUNT FOR ALL CLAIMS CUMULATIVELY IN EXCESS OF THE FEES ACTUALLY PAID BY YOU TO COINMARKETCAL IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EARLIEST EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES HAV BEEN PAID BY YOU TO COINMARKETCAL, SINGAPORE DOLLARS ONE HUNDRED (S$100) ONLY, OR; (III) ANY MATTER BEYOND OUR REASONABLE OR FORESEEABLE CONTROL. THE PROVISIONS/CLAUSES OF THIS SECTION 11 ALLOCATE THE RISKS UNDER THIS API TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS API TERMS. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN SUCH JURISDICTIONS, COINMARKETCAL’S TOTAL LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  3. You (and any entity that you represent) agree to defend, hold harmless and indemnify CoinMarketCal, its related companies, subsidiaries, affiliates, their respective officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users’/customers’ use of any of your Products, any of our Property (including but not limited to CoinMarketCal API or Data), use of CoinMarketCal Brand, or breach of any provision of this API Terms, our Privacy Policy and/or Website Terms and Conditions, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, settlement fees, legal fees (on a solicitor-client basis), expenses incurred in enforcing any term of this API Terms against you, of every kind and nature. In such event, we will provide you with written notice of such claim, suit, or action.

12. Governing Law and Jurisdiction

  1. This API Terms and any claim, cause of action or dispute arising out of or related to this API Terms shall be governed by the laws of the Republic of Singapore, regardless of any conflict of laws theory. Accordingly, you agree to submit to the exclusive jurisdiction of the Courts of Singapore. Notwithstanding the aforegoing, you agree that CoinMarketCal shall be fully entitled to apply for equitable relief or injunctive remedies against you in any jurisdiction.

13. General

  1. If any provision of this API Terms is found to be illegal, void, or unenforceable, the said provision shall be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if such provision cannot be so modified, it shall be deleted and the remaining provisions of this API Terms will continue in full force and effect.
  2. The governing language of this API Terms, API Documentation, the Site, all content, information and documents howsoever made available by CoinMarketCal is English. In the event that CoinMarketCal provides you with a translation of the English language version of this API Terms, API Documentation, the Site or any other document, you understand that such translation is provided purely for your convenience and is not binding.
  3. For any notices or service of legal documents, you agree that we may notify you via postings on the Site or via the email address that you may have provided to us. CoinMarketCal accepts service of process by mail or courier at the email and address as stipulated in clause 13.9 below. Any notices that you provide without compliance with this clause 13.3 and clause 13.9 below will have no legal effect.
  4. This API Terms, our Privacy Policy, Website Terms and Conditions and/or any documents incorporated into this API Terms by reference, shall constitute the entire agreement between CoinMarketCal and you regarding our Property and supersedes all prior agreements and understandings (whether via email correspondence or otherwise), whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this API Terms.
  5. Any delays in or failure to act in relation to a breach of any provision of this API Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
  6. Under no circumstances shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site, any of our Services or our Property (including but not limited to the CoinMarketCal API).
  7. You are not permitted to assign, transfer, delegate or subcontract any rights or obligations hereunder this API Terms without the prior written consent of CoinMarketCal. However, you agree that CoinMarketCal shall be entitled at any time to howsoever assign, transfer, delegate or subcontract any of its rights and/or obligations hereunder this API Terms without any reference or notice to you.
  8. No person or entity who is not a party to this API Terms shall be entitled to rely on or enforce any provision herein this API Terms.
  9. You can contact us with your queries, comments and feedback by email to contact@coinmarketcal.com.