Ethfinex API Terms of Service
Last Updated: July 2, 2018
The following terms and conditions (the “API Terms of Service”) govern your access to, and use, of our proprietary application programming interface, including our ‘REST API’ or ‘Websocket API’ (collectively, the “Ethfinex API”) and the related documentation, the current version of which is located at https://www.ethfinex.com/api_docs (the “Ethfinex API Documentation”), all of which are designed to facilitate your access to, and use of, our Services (as defined in the Terms of Service).
These API Terms of Service supplements, and forms part of, our standard terms of service, the current version of which is located at: https://www.ethfinex.com/legal/terms (“Terms of Service”). Accordingly, capitalized terms used, but not defined in these API Terms of Service, have the meanings set out in the Terms of Service.
- 1. Use of the Ethfinex API and Ethfinex API Documentation
- a) API Keys Required to Access the Ethfinex API. In order to use the Ethfinex API, you must first sign up for an account through the Site (as defined in the Terms of Service). Certain authenticated features and functionality available through the Ethfinex API require an authentication key. If you wish to access these features and functionality through the Ethfinex API, you must further generate one or more API keys (each, an “API Key”). You acknowledge that such API Keys are our confidential information and will not share your API Keys with any third party without our prior consent. In addition, we may revoke your API Keys any time without our consent.
- b) Use of the Ethfinex API. Subject to your compliance with the terms and conditions hereunder, you may use the Ethfinex API solely in accordance with these API Terms of Service and the Ethfinex API Documentation.
- c) Licence to Ethfinex API Documentation. We hereby grant to you a revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Ethfinex API Documentation solely to facilitate your development of applications that interface with the Services in accordance with these API Terms of Service and the Ethfinex API Documentation (each such application, an “Application”).
- d) Open Source Libraries. From time to time, we may make available to you our libraries that assist you with the development of Applications, such as our Go, Node.js and Ruby libraries (such libraries, the “Ethfinex Open Source Libraries”). The Ethfinex Open Source Libraries are governed by open source licenses selected by us that accompany the source code and you acknowledge and understand that it is your responsibility to review such licenses carefully and to comply with the terms and conditions contained therein.
- e) API Call Limitations. The number of calls you or your Application makes to the Ethfinex API during any given period may be limited, at our sole discretion, based on various factors that include the manner in which your Application makes calls to the Ethfinex API and the anticipated volume of use associated with your Application.
- f) Changes to the Ethfinex API. We reserve the right to change the Ethfinex API and Ethfinex API Documentation at any time and without notice. You acknowledge and understand that these changes may require you to make substantial changes to your Application at your own cost and expense. It is your responsibility to review the Ethfinex Documentation and these API Terms of Service regularly.
- g) Suspension or Revocation of Access. Notwithstanding the foregoing, we retain the right, at our sole discretion, to suspend or revoke your access to the Ethfinex API at any time and for any reason, including for: (i) violation of these API Terms of Service; (ii) your use of the Ethfinex API contrary to the Ethfinex API Documentation; (iii) for scheduled maintenance; or (iv) to address any emergency security concerns.
- 2. Ethfinex API Use Restrictions. You will not use or access the Ethfinex API in any way not expressly permitted under these API Terms of Service or the Ethfinex API Documentation. Without limiting the generality of the foregoing, you will not:
- a) develop any Applications that: (i) are fraudulent or misleading; (ii) infringe on any third party’s intellectual property rights or rights of publicity or privacy; (iii) are defamatory, trade libelous, threatening, or harassing; (iv) contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data; (v) replicate or attempt to replace the essential user experience of the Services or any of our other products or services; or (vi) otherwise violate any applicable Law;
- b) modify, decompile, reverse engineer, or otherwise alter the Ethfinex API;
- c) use the Ethfinex API in any manner that may threaten the security or functionality of the Ethfinex API or our Services;
- d) use the Ethfinex API to circumvent the intended features, functionality or limitations of the Services; or
- e) perform any vulnerability, penetration or similar testing on the Ethfinex API.
- 3. Data
- a) Data That You Transmit Using the Ethfinex API. You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable licence during the term of use of the Ethfinex API to access, collect, store and use any data, information, records and files that: (i) you load, transmit to or enter into the Ethfinex API (“Transmitted Data”); or (ii) that we collect from your usage of the Ethfinex API, to: (1) develop, enhance and make available the Ethfinex API and the Services; and (2) to produce data, information or other materials that are not identified as relating to you or any particular individual or company (such data, information and materials, the “Aggregated Statistical Information”).
- b) Data That You Collect Using the Ethfinex API. The Ethfinex API may allow you to collect information or data available on or through the Services, including data or information: (i) from or about other users of the Services; and (ii) collected by Ethfinex or made available by third parties (collectively, the “Ethfinex Data”). You may only use such Ethfinex Data for your internal purposes or within your Application and will not disclose, sell or transfer any Ethfinex Data without our prior written consent. Accordingly, you will exercise reasonable safeguards to protect Ethfinex Data from unauthorized access or use.
- c) No Use Rights to Ethfinex Data Containing Personal Information. You may not use any Ethfinex Data that contains any information about any identifiable individuals (such information, “Personal Information”) and will promptly delete such Personal Information in your possession or control upon becoming aware of such Personal Information.
- d) Deletion of Ethfinex Data. You will immediately delete any and all Ethfinex Data: (i) upon our request or the request of any individual or company in respect of which such Ethfinex Data relates; (ii) when your access to the Ethfinex API is suspended or revoked; (iii) when you deactivate your Application or otherwise remove its integration from the Ethfinex API; or (iv) when it is no longer reasonably required by you or your Application.
- 4. Monitoring Usage of API
You acknowledge and agree that we may monitor your use of the Ethfinex API and that you will not block or otherwise interfere with our monitoring.
- 5. Communications Not Confidential
Your use of the Ethfinex API requires the transmission of data and information over the Internet and public networks. Accordingly, we do not, and cannot, guarantee the confidentiality, security or reliability of any communications made by you or your Applications through the Ethfinex API.
- 6. Ownership
All rights (including intellectual property rights), title and interest in and to the Ethfinex API, the Ethfinex API Documentation, Aggregated Statistical Information, Ethfinex Data and all other materials provided by us hereunder, and any update, adaptation, translation, customization or derivative work thereof, will remain with us (or our third party suppliers, if applicable). The Ethfinex API, Ethfinex API Documentation, Ethfinex Data and all materials provided by us hereunder are licensed and not “sold” to you. All rights not expressly granted to you in these API Terms of Service are reserved.
- 7. Warranties and Indemnities
- a) Transmitted Data Representation. You represent and warrant, and covenant with us, that all Transmitted Data will only contain data and information (including, if applicable Personal Information) in respect of which you have obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable Laws, to enable us to make available the Ethfinex API and exercise our rights under these API Terms of Service.
- b) Indemnity In Connection with Your Use of the Ethfinex API. You will defend, indemnify and hold harmless us and all of our officers, directors, employees, contractors and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including reasonable legal and accounting fees arising out of or in connection with: (i) your Applications; (ii) your breach of applicable Laws or your representations or warranties hereunder; or (iii) your use of the Ethfinex API contrary to these API Terms of Service or the Ethfinex API Documentation.
- 8. Interpretation
In the event of any conflict or inconsistency between the API Terms of Service or the Terms of Service, these API Terms of Service will prevail to the extent of such conflict or inconsistency, except that for the purposes of these API Terms of Service, the term “Services” will, for greater clarity, include making available the Ethfinex API and Ethfinex API Documentation to you.
- 9. Change to API Terms of Service.
Except where prohibited by applicable Law, we reserve the right to change these API Terms of Service at any time without notice. Your continued access to or use of the Ethfinex API or Ethfinex API Documentation after any changes indicates your acceptance of such changes. It is your responsibility to review these API Terms of Service regularly.