VantageCrypto API Agreement

~ 0 min
2020-07-01 22:29

API Agreement of Service

Last udpated 23.June.2020

1. Acceptance

The VantageCrypto API (described below) is provided by VantageCrypto Inc. (“VantageCrypto”, “Company”, “we”, “us” or “our”). By using our VantageCrypto API, you must accept fully all the terms and conditions herein this VantageCrypto API Agreement (“API Agreement”). By subscribing to any our API services, you accept the terms of, and agree to by fully bound to, this API Agreement. In addition, by subscribing to, accessing, or otherwise using our VantageCrypto API, you agree to be fully and legally bound by all provisions of our Privacy Policy and User Agreement.

In the event that you are using our VantageCrypto API or entering into this API Agreement on behalf of a corporation, partnership or other legal entity, or on behalf of any other third party, you hereby represent and warrant that you are duly authorized to represent and bind such entity or third party to this API Agreement. Herein, all references to “you” or “your” shall also refer to such entity or other third party. Should you lack the aforementioned authority or if you (or the entity that you represent) do not agree with the terms within this API Agreement, our Privacy Policy and/or User Agreement, you are not permitted to use the VantageCrypto API.

As a user of the VantageCrypto API, you acknowledge and accept that the API Agreement as well as our Privacy Policy and User Agreement constitutes a legally binding contract between you and VantageCrypto. In the event of any conflict between this API Agreement and our Privacy Policy or User Agreement, if any and as amended from time to time, the terms of this API Agreement shall control.

2. Definitions

2.1 “Application” or “App” means any software or mobile application, website, product or service that is developed, created or offered using our VantageCrypto API.

2.2 “API Documentation” means the documentation, data and information that VantageCrypto provides regarding the use of our VantageCrypto API through our API Site.

2.3 “API Site” means our API development site found at https://api.vantagecrypto.com and subscription services at https://vcdepth.io/subscriptions

2.4 “VantageCrypto API” means the Application Programming Interface (“API”) made available to the public by our Company as well as the related API Documentation.

2.5 “VantageCrypto Brand” means the “VantageCrypto” brand name and other brandings, names, logos, slogans, services marks, trademarks and trade names belonging to VantageCrypto, whether or not registered, and existing anywhere worldwide.

2.6 “Data” means any data and content uploaded, posted, transmitted or otherwise made available by VantageCrypto on any of its websites or other associated sites/platforms/channels.

2.7 “Service(s)” means VantageCrypto’s products and services including but not limited to the VantageCrypto API, all of its websites (the “Site”), and all software, applications, mobile applications, text, images, messaging channels, message services, updates, data, reports, content, newsletters, price alerts, merchandise, databases, forums, articles, guides, reports and other information made available by or on behalf of VantageCrypto 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 VantageCrypto designates them as “official integrations”.

2.8 “Users” means any and all users of our VantageCrypto API, which includes you.

3. Grant of License

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

4. Scope of Use

4.1 Your use of VantageCrypto’s API is limited to the following:

4.1.1 In order to further develop our VantageCrypto API, Applications, Data, Services, platforms, channels and/or products (individually and collectively, “our Property”), we may at any time make changes to the VantageCrypto API and/or this API Agreement without any notice to you. You agree that it is your responsibility to regularly check https://gitlab.com/vantagecrypto_pub/vantage_api/-/tree/master for updates to our VantageCrypto API. In addition, parts of our VantageCrypto API may be undocumented. Regarding potential changes at any time to our VantageCrypto API (whether documented or otherwise), you agree that you will not solely rely on any function, behavior, capability or other aspects of our VantageCrypto API, Applications, Data, Services, platforms, channels and/or products. You expressly acknowledge and agree that VantageCrypto’s liability to you which results from any such reliance shall be limited as detailed in Section 11 below.

4.1.2 Our Property (including but not limited to our VantageCrypto API) may not be used in breach of any 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 Agreement, our Privacy Policy, User Agreement, any other agreements with VantageCrypto to which you are subject, or any relevant laws, rules, and regulations.

4.1.3 Our VantageCrypto API may not be used in any manner that accesses or uses any information beyond what is permitted under this API Agreement or the API Documentation, changes any aspect of, disrupts or interferes with or degrades the performance of the Services, interrupts or circumvents any of VantageCrypto’s security measures, operational, administrative or technical procedures, hacks into or tests the vulnerability of our Services, VantageCrypto API, our systems and/or networks.

4.1.4 You undertake not to, whether directly or indirectly, by yourself or in assisting others, introduce any worms, trojans, viruses, hacks or other computer programs that may damage, interfere with, interrupt, intercept, phish, data mine or expropriate any system or data (including but not limited to the Data, VantageCrypto API and our Services).

4.1.5 You agree 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 VantageCrypto API) or any portion thereof nor attempt any of the aforegoing;

4.1.6 You further acknowledge that in future, VantageCrypto may offer products, services or other Applications that are similar to your offerings, and you agree that VantageCrypto is fully entitled to do so without conflict, restrictions, or notice to you.

4.1.7 You are entitled to charge for your services and products that incorporate or integrates our VantageCrypto API. However, you are not permitted to sell, rent, lease, sub-license, re-distribute or syndicate access to the VantageCrypto API or any part thereof.

4.1.8 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 VantageCrypto API. However, you are not permitted to:

4.1.8.1 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 VantageCrypto, pertain to any VantageCrypto’s products or services, or are messages/notifications from VantageCrypto;

4.1.8.2 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

4.1.8.3 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 VantageCrypto or any of our Products (including but not limited to the VantageCrypto API) without our prior written consent.

4.2 Rate limit for the VantageCrypto API is based on users’ subscriptions and restricted by API keys. You agree not to exceed or circumvent (or make any attempts thereto) the aforesaid rate limitation, limitations on the calls and use of VantageCrypto API as may be implemented by VantageCrypto from time to time in its sole discretion (without any notice or reference to you), or otherwise use the VantageCrypto 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 Agreement or the API Documentation.

4.3 You undertake that in your usage of the VantageCrypto API, you shall duly attribute ownership of the VantageCrypto API to VantageCrypto by displaying prominently the message “Powered by VantageCrypto” in a legible font no smaller than font size 10.

4.4 Except as permitted within this API Agreement, you will not use the VantageCrypto Brand in a manner that may mislead or suggest that your Products (or any part thereof) is endorsed, sponsored by or howsoever associated with VantageCrypto without an additional agreement to such extent.

5. Data Caching and Storage

5.1 We do not encourage caching or storage of Data. However, if you must cache or store Data:

5.1.1 You should refresh the cache at least every 24 hours;

5.1.2 Strong encryption and other security measures should be applied to stored Data;

5.1.3 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 VantageCrypto API (where our VantageCrypto 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).

5.1.4 In the event that VantageCrypto terminates your access to or use of the VantageCrypto 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 VantageCrypto API, without keeping any copy thereof unless required by applicable law. You further agree to provide proof of such deletion if requested in writing by VantageCrypto.

5.2 Except as expressly permitted hereunder this API Agreement, you are not allowed to duplicate, reproduce, copy, store, derive from or translate any Data, API Documentation, or any information expressed by the Data (including but not limited to hashed or transferred data).

6. User Agreement for your Products

6.1 In the event that any of 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 VantageCrypto API as being the property of VantageCrypto; (b) ensure that your users/customers abide by this API Agreement in using the VantageCrypto API (whether as part of our Products or otherwise); (c) exclude and disclaim all liability of VantageCrypto for all usage of the VantageCrypto API (or part thereof); (d) stipulate your assumption of full responsibility and liability for offering the VantageCrypto 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

7.1 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 VantageCrypto API (“your Systems”). In the event that any of your Systems are howsoever compromised (whether via hacking, unauthorized use or access or other security breaches), you must inform us immediately via email at support@VantageCrypto.com. Upon notice from you, VantageCrypto may determine in its sole and exclusive discretion whether to terminate your access to and/or use of our VantageCrypto API,. In the event that we terminate your access to or use of our VantageCrypto API, you shall comply immediately with the clauses thereunder Section 9. You acknowledge and agree that any such security breach may have adverse effect to our reputation (as assessed in our sole discretion and we are not obligated to provide reasons for our decision) and the security of our other clients. Therefore, you acknowledge and agree that termination due to such breach of your System is reasonable and necessary, and that VantageCrytpo shall not be liable to you for any loss or damage related to such termination.  

8. Ownership

8.1 All assets, rights, title and interest in and to our VantageCrypto Brand, our API Documentation, VantageCrypto API, and our other Property (including but not limited to intellectual property rights) belong fully to VantageCrypto, or that VantageCrypto has obtained a license to such assets and rights. You are only provided with a limited license to use the API as set out within this API Agreement, 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 VantageCrypto API does not transfer any right of ownership or interest in our VantageCrypto API to you although you may be deemed by applicable law to be the owner of such inventions (which shall be exclusive of the VantageCrypto API). In addition, you agree to perform such acts and execute such documents (without compensation) as VantageCrypto may from time to time request of you in order to perfect VantageCrypto’s rights to our Property.

9. Termination

9.1 This API Agreement take effect on the date that you agree to them or access or use the VantageCrypto API, whichever is the earliest, and will subsist until terminated by VantageCrypto or you pursuant to the provisions of this API Agreement.

9.2 You may terminate your being bound by this API Agreement by discontinuing your access to and/or use of our VantageCrypto API, and emailing us at support@VantageCrypto.com of your desire to terminate the license granted hereunder, and your use and access to the VantageCrypto API.

9.3 We may at any time vary, amend, change, suspend or discontinue provision of any of our Property, including but not limited to the VantageCrypto API, suspend or terminate your use of the VantageCrypto API and/or the VantageCrypto 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 VantageCrypto API if in our sole discretion, we determine that your access to or use of our VantageCrypto API may howsoever negatively impact on our Products or Services.

9.4 Upon termination of this API Agreement:

9.4.1 All rights and licenses granted to you hereunder will cease and terminate immediately;

9.4.2 You shall promptly destroy the API Documentation, Data and any other information procured from VantageCrypto or any of our Property that may be in your possession or control, and in any case within three (3) days of such termination; and

9.4.3 Except where we specifically grant our prior consent in writing, or unless otherwise stated in this API Agreement, you undertake to promptly and permanently delete all Data and other information procured from or relating to VantageCrypto and any of our Property that you have stored in relation to your access to or use of the VantageCrypto API. You agree to certify in writing the aforesaid destruction of stored Data and information should VantageCrypto request such certification from you. 9.5 All provisions hereunder this API Agreement that must by their nature survive the termination of this API Agreement in order to give effect to their intention shall survive the termination of this API Agreement, 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

10.1 You hereby represent and warrant to VantageCrypto that you (including any entity or other third party that you represent) are able to enter into and be fully bound by this API Agreement and to use the VantageCrypto API pursuant to this API Agreement 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.

10.2 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 VantageCrypto 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 VantageCrypto API). You further acknowledge that we may at any time without notice or reference to you amend this API Agreement (provided, however, that in the event of any such amendment, the “Last Updated” date at the top shall also be modified to reflect the date of the most recently updated terms) and/or modify any aspect or function of the VantageCrypto API, which may have adverse effects on your usage of the VantageCrypto API and your business associated thereto. In the event of any such adverse effects on your usage, you acknowledge and agree that your only recourse will be to terminate your use of the VantageCrypto API and this Agreement. You agree to not make any claims of any kind against VantageCrypto. For the avoidance of doubt, your continued access or use of the VantageCrypto 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 Agreement takes effect will be as indicated at the top of this API Agreement. In the event of any dispute or adverse effect, you are encouraged to submit a support ticket through our online portal at https://vantagecrypto.com/tickets/open.php.

10.3 Your use of and/or access to our Property (including the VantageCrypto API) is also subject to our Privacy Policy, User Agreement 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 https://faq.vantagecrypto.com/index.php?action=show&cat=1 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 Agreement (based on its latest version) will take precedent in relation to your use of our VantageCrypto API.

11. Exclusions, Disclaimers and Limitation of Liability

11.1 OUR PROPERTY, INCLUDING BUT NOT LIMITED TO THE VANTAGECRYPTO 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 VANTAGECRYPTO 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 VANTAGECRYPTO DOES NOT WARRANT THAT OUR PROPERTY (INCLUDING BUT NOT LIMITED TO THE VANTAGECRYPTO 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 VANTAGECRYPTO API), AND NO PRODUCTS, INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM VANTAGECRYPTO OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API AGREEMENT.

11.2 YOU (AND ANY ENTITY OR OTHER THIRD PARTY 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 VANTAGECRYPTO 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 VANTAGECRYPTO IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EARLIEST EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES HAVE BEEN PAID BY YOU TO VANTAGECRYPTO, SINGAPORE DOLLARS ONE HUNDRED US DOLLARS ($100 USD) ONLY, OR; (III) ANY MATTER BEYOND OUR REASONABLE OR FORESEEABLE CONTROL. THE PROVISIONS/CLAUSES OF THIS SECTION 11 ALLOCATE THE RISKS UNDER THIS API AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS API AGREEMENT. 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, VANTAGECRYPTO’S TOTAL LIABILITY WILL BE LIMITED ACCORDING TO SUCH RELEVANT BY LAW.

11.3 You (and any entity or individual third party that you represent) agree to defend, hold harmless and indemnify VantageCrypto, 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’ [JS1] [AB2] [JS3] use of any of your Products, any of our Property (including but not limited to VantageCrypto API or Data), use of VantageCrypto Brand, or breach of any provision of this API Agreement, our Privacy Policy and/or User Agreement, 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 Agreement 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

12.1 This API Agreement and any claim, cause of action or dispute arising out of or related to this API Agreement shall be governed by the laws of Naples Florida, United States- regardless of any conflict of laws theory. Accordingly, you agree to submit to the exclusive jurisdiction of the Courts Naples Florida. Notwithstanding the aforegoing, you agree that VantageCrypto shall be fully entitled to apply for equitable relief or injunctive remedies against you in any jurisdiction. The Parties agree that should any action or litigation in court be instituted by either party against the other regarding the enforcement of the terms of this Agreement, the prevailing party shall be entitled to recover all of its expenses related to any such action or litigation including, but not limited to, reasonable attorneys' fees and costs, both before and after judgment (including at the appellate level).

13. General

13.1 If any provision of this API Agreement 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 Agreement will continue in full force and effect.

13.2 The governing language of this API Agreement, API Documentation, the Site, all content, information and documents howsoever made available by VantageCrypto is English. In the event that VantageCrypto provides you with a translation of the English language version of this API Agreement, API Documentation, the Site or any other document, you understand that such translation is provided purely for your convenience and is not binding.

13.3 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. VantageCrypto 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.

13.4 This API Agreement, our Privacy Policy, User Agreement and/or any documents incorporated into this API Agreement by reference, shall constitute the entire agreement between VantageCrypto 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 Agreement.

13.5 Any delays in or failure to act in relation to a breach of any provision of this API Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

13.6 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 VantageCrypto API).

13.7 You are not permitted to assign, transfer, delegate or subcontract any rights or obligations hereunder this API Agreement without the prior written consent of VantageCrypto. However, you agree that VantageCrypto shall be entitled at any time to howsoever assign, transfer, delegate or subcontract any of its rights and/or obligations hereunder this API Agreement without any reference or notice to you.

13.8 No person or entity who is not a party to this API Agreement shall be entitled to rely on or enforce any provision herein this API Agreement; provided, however, that any affiliates of VantageCrypto (including but not limited to its licensor, if any) may rely on and enforce this Agreement.

13.9 You can contact us with your queries, comments and feedback by email to support@VantageCrypto.com, however, for official notices and/or service of legal documents, your email must be followed by registered post or courier of such notices/legal documents to:-

VantageCrypto Inc, 5660 STRAND COURT - UNIT #A11, NAPLES, FL, 34110  

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