Last updated: April 2023
Introduction
PLEASE READ THESE
TERMS OF SERVICE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR
SERVICES THROUGH THIS SITE.
These general Terms and Conditions (the “Agreement”) governs the obligations and rights of
the Client and Clarensia Technology Solutions SAS (RCS: ), “Blockchain APIs”, “we”, “our” or
“us”, a French company. By accepting these Terms and Conditions upon a sign up procedure, or in
any other way, you agree to be bound by the terms of this Agreement.
IF YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, THEN YOU DO NOT HAVE PERMISSION
TO ACCESS THE SERVICE AND MUST IMMEDIATELY CEASE USING THE PRODUCTS.
1. Otherview of services and scope of Agreement
1.1. Overview of services. Blockchain APIs provides a blockchain data
platform, together with related services and content. The Services may include access to various
data feeds, as well as related applications. In addition to the terms set forth herein, each
data feed or application may describe its own restrictions and limitations (e.g. redistribution
restrictions and API usage limitations) during the selection process, and such terms are hereby
incorporated into this Agreement by reference to the extent you select or otherwise access or
use the corresponding data feed or application.
1.2. Services content. All content made available through the Services
excluding user content is the proprietary information of Blockchain APIs or used with
permission. You may not modify, copy, distribute, reproduce, republish, download, post,
transmit, or sold in any form or by any means said Content, whether in whole or in part, for
commercial purposes or for personal gain, without written permission from us.
1.3. Scope. This Agreement governs your initial purchase as well as any
future purchases made by you that reference this Agreement
1.4. Services – Right to use. You have no rights in any Service or Product
other than the rights granted under this Agreement.
1.5. Ownership. Blockchain APIs shall hold title to all intellectual
property rights and technical solutions to the Services. Such intellectual property rights and
technical solutions may only be used by the Client in the manner stated in this Agreement. Under
no circumstances shall the Client acquire any intellectual property rights to the Services or to
the software.
2. Eligibility and responsability
To be
eligible to use the Services, you guarantee that you are at least 18 years of age, or otherwise
over the age of majority in the jurisdiction in which you reside, are not currently restricted
from the Services and are not otherwise prohibited from having an account related thereto, will
only provide accurate information to Blockchain APIs, have full power and authority to enter
into these Terms and Conditions and doing so will not violate any other agreement to which you
are a party and will not violate any rights of Blockchain APIs or any third party.
You may not use as a username the name of another person or entity without appropriate
authorization.
We reserve the right to refuse service, terminate accounts, or cancel orders in our sole
discretion. Blockchain APIs reserves the right to deny creation of your account based on
Blockchain APIs’ inability to check the authenticity of your informations.
You assume all responsibility for your use of the Services. Accounts are for a single user
or legal entity. Any multiple-party use, other than individual use on behalf of a legal entity,
is prohibited.
3. Accounts and purchases
3.1. Account
registration. You must register an Account with us at our website in order to
receive license keys and manage access to the Blockchain APIs Services. By registering for our
Services, warrant that all information you submit to us is true, accurate, and complete and that
you will promptly notify us in writing if your information changes. You are responsible for all
actions taken through your Account, including Orders and Subscriptions made. Blockchain APIs is
not responsible for any disputes or claims related to any inaccurate or incomplete information
provided by you to us. The account you create is owned by us. With regard to your account, you
agree to keep your password secure and confidential, not permit others to use your account or
use the accounts of others, not transfer your account to another party and notify us of any
actual or suspected unauthorized use of your account. You are responsible for any activity
occurring under your account.
3.2. Privacy. You expressly agree that we may collect, disclose, store and
otherwise use your information in accordance with the terms of the Blockchain APIs Privacy
Policy, available at https://blockchainapis.io/privacy
3.3. Purchases – Terms and Renewals. If you wish to purchase any product or
service made available through the Service (“Purchase”), you may be asked to supply certain
information relevant to your Purchase including, without limitation, your credit card number,
the expiration date of your credit card, your billing address, and your shipping information.
The Service may employ the use of third party services for the purpose of facilitating payment
and the completion of Purchases. By submitting your information, you grant us the right to
provide the information to these third parties. We reserve the right to refuse or cancel your
order if an unauthorized or illegal transaction is suspected. If you purchase any Services that
we offer for a fee (“Paid Services”), you agree to pay the applicable fees for the Paid Services
when due plus all related taxes. All applicable taxes are calculated based on the billing
information you provide us at the time of purchase. Unless otherwise denoted, all fees are
assessed in U.S. dollars. Your Purchase will name the Product you are purchasing and any limits
on the number of Data feeds (see 3.4. below) you will be able to manage using this Product. We
may charge your payment information for subsequent charges you authorize, such as account
upgrades or other special charges authorized by you. If the payment method you use with us
reaches its expiration date and you do not edit the applicable information or cancel such Paid
Service, you authorize us to continue billing that payment method and you remain responsible for
any uncollected amounts. If you purchase a subscription to a Paid Service, you will be billed
for your first month immediately upon purchasing or upgrading to a subscription account. Unless
otherwise set forth on an applicable ordering document incorporating these Terms and Conditions,
the Services are billed in advance and are non-refundable. Your subscription account shall
automatically renew, provided that you may cancel the subscription any time before the end of
the current billing period and the cancellation will take effect on the next billing period. You
shall retain access to such Paid Services from the time you cancel until the start of the next
billing period, but you will not receive a refund or credit for any days remaining in your
current billing period. You agree to reimburse us for all collection costs and interest for any
overdue amounts. You acknowledge that the amount of the recurring charge may change if the
applicable tax rates change, or if there has been a change in the fee policy (for which you will
be given at least one-month notice before such change takes place). Failure to pay may result in
the termination of your subscription. You may cancel or suspend your Paid Services by providing
request of termination through your Account or by contacting us at support@blockchainapis.io and
we may disable the license key that allowed the Product to operate. Paid Services may be subject
to additional terms, in addition to these Terms.
3.4. Data feeds. A “Data feed” represents the access to specific and unique
external data source. A data source may be a blockchain platform, ledger, exchange, broker that
Product communicates with. Data feeds are described and listed in the Documentation of the
Product. You are solely responsible for any use of the external data sources which may require
additional license agreements with the third-party providing the sources. Another common Data
feed-specific term is the API Call Limits, which sets the maximum number of times an API call
may be made at a certain time interval with respect to such data feed.
4. Product terms
4.1. License grant. Under the
terms of this Agreement, we grant you a worldwide, fully paid, non-transferable license to
install and use the Product for your own business purposes.
4.2. License delivery. License keys will be delivered electronically to
your Account and via email when payment has been confirmed. To activate and use our Services,
you will be required to provide this license key.
4.3. License term. Your license to use the Product is granted for a
specific time period. Your Order of Purchase will indicate a period of time for the License
term. If a start and end date are not indicated, the start date of the License term will be the
date when the Product is delivered. Any additional API requests granted within your subscription
plan are only available until the end of the invoiced month, at which point your additional
request allowance will reset to zero for the subsequent month.
5. Support and maintenance
5.1. Blockchain APIs provides the Client with support by e-mail (contact@blockchainapis.io). Such support is
provided on working days (excluding French public holidays) during Blockchain APIs ordinary
office hours.
5.2. Updates and releases. You will have access, free of charge, to all
updates and new releases for the Product that we release during the License term, along with
technical support. You agree that we are under no obligation to release any update or patch at
any time or for any reason.
6. Acceptable use policy
6.1. Prohibited activities. You agree to comply with all applicable laws and
regulations in connection with your use of the Services. You may not use our Services to
transmit any illegal material, including without limitation any transmissions that would
constitute a criminal offense, give rise to civil liability, or otherwise violate any local,
national or international law. The following is a non-exhaustive list of prohibited acts :
- actual or attempted unauthorized use or sabotage of any computers or networks
- introducing malicious programs into Blockchain APIs Services or servers
- circumvent security of any host or account without authorization
- reverse engineer, decompile or disassemble the source code for any underlying intellectual
property used to provide the Services
- using the Services for anything other than lawful purposes including, but not limited to,
intentionally or unintentionally violating any applicable local, national or international law
- acts that may affect the quality of other users’ experience
- using the Service for the purpose of developing products or services intended to be
offered to third parties in competition with our Service
- intentionally use our Services in any way that could damage our reputation
- falsifying user identification information
- pretend that you are, or represent, someone else or impersonate any other individual or
legal entity
- copy, broadcast, sell, rebrand, distribute, lease, sub-license, adapt or modify our
Services, without our express written consent
We may monitor your account to check that this Acceptable use policy is being followed and
may vary the terms without notice. If you use our services in any way which we determine may be
unlawful, prohibited, unusual, or abnormal we reserve the right to suspend or terminate your
access.
6.2. Excessive use. Excessive use means you are exceeding the limitations
allocated to your Account. These limitations are described on our detailed pricing page. We
reserve the right to adjust these limitations without notice, and will notify you the changes
using the details you have provided to us.
If your use of our services is excessive we may contact you to request that you modify your
usage practices, or upgrade your subscription. After that, if your usage practices continue to
be excessive, we may terminate your access to our services immediately.
7. Restriction and Termination
Blockchain APIs may deny or restrict your access to all or part of the Services
without notice in its sole discretion. If we deny or restrict your access to the Services
because of a violation of our Terms, you shall have no right to obtain any refund or credit for
the fees you have paid. On termination of this Agreement, or on termination or expiry of any
Order, you must immediately cease use of, and destroy all copies of our Products. You
acknowledge that you will lose access to our Services. You agree that Blockchain APIs shall not
be liable to you or any third-party for any termination or restriction of your access to, or use
of, the Services or any Content.
8. Disclaimers
Actual service coverage, quality, speed and location may vary. Blockchain APIs
will attempt to provide the Services at all times in a competent manner in accordance with
accepted industry standards, except for limited periods for maintenance. However, the Services
may be subject to unavailability for a variety of factors beyond our control including
emergencies, third-party service failures, transmission, equipment or network problems or
limitations, and may be interrupted or limited. Please note that delays or omissions may occur.
We are not responsible for data, information lost, not delivered, delayed or misdirected because
of interruptions or performance issues. We may impose usage or Services limits, suspend the
Services, or block certain kinds of usage in our sole discretion. The timeliness and accuracy of
data received is not guaranteed.
Blockchain APIs does not provide financial advice and is not a registered investment advisor
or broker. You are advised that the material delivered should be used solely for informational
purposes. You should always conduct your own research and due diligence and obtain professional
advice before making any investment decision. Blockchain APIs will not be liable for any loss or
damage caused by a reliance on information obtained in any Services Content.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL PRODUCTS, SERVICES, SOFTWARE, SUPPORT,
MAINTENANCE AND ANY ADDITIONAL SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” BASIS, WITHOUT
WARRANTIES OF ANY KIND. COMPANY WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES,
INACCURACY OF INFORMATION OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC
COMMUNICATIONS OR OTHER SYSTEMS. BLOCKCHAIN APIS DOES NOT WARRANT THAT THE SERVICES WILL BE
AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN ERROR-FREE, UNINTERRUPTED, OR
COMPLETELY SECURE MANNER OR THAT DEFECTS WILL BE CORRECTED. BLOCKCHAIN APIS DOES NOT MAKE ANY
WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR
RELIABILITY, ACCURACY, QUALITY, TRUTH, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE.
9. Liabilities
UNDER NO CIRCUMSTANCES, NEITHER PARTY WILL HAVE ANY LIABILITY ARISING OUT OF THIS AGREEMENT
FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, INCLUDING WITHOUT
LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS
INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE
RESULTS OF USE OF OUR SERVICES. YOUR SOLE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO
DISCONTINUE YOUR USE OF THE SERVICES. BLOCKCHAIN APIS WILL NOT BE LIABLE FOR ANY INVESTMENT
GAIN/LOSS YOU INCUR DURING YOUR INVESTMENT IN DIGITAL ASSETS AND CRYPTOCURRENCIES. INVESTING IS
RISKY. THE PAST PERFORMANCES OF ONE PERSON DO NOT GUARANTEE THEIR FUTURE PERFORMANCES.
YOU AGREE THAT THE PRODUCTS HAVE NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND
NEEDS, YOU HAVE MADE YOUR OWN ENQUIRIES OF THE NATURE AND ADEQUACY OF OUR PRODUCTS, AND THAT IT
IS YOUR RESPONSIBILITY TO ENSURE THAT THE PRODUCTS MEET YOUR REQUIREMENTS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY.
EXCEPT TO THE EXTENT THAT ANY REGULATION PROVIDES OTHERWISE, OUR MAXIMUM LIABILITY UNDER THIS
AGREEMENT WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR
THE USE OF OUR PRODUCTS, AND ANY FEES RECEIVED BY US IN THE THREE (3) MONTHS PRIOR TO THE EVENT
GIVING RISE TO THE LIABILITY.
10. Transfer of Rights
You will not transfer any of your rights or obligations under these Terms to anyone else
without our prior written consent.
11. Links to third party sites
The links in this site will let you
leave Blockchain APIs’ site. The linked sites are not under our control and we are not
responsible for the contents of any linked site or any link contained in a linked site, or any
changes or updates to such sites. Blockchain APIs is providing these links to you only as a
convenience.
12. Language
Our Services shall be provided in the English language unless agreed otherwise. The parties
confirm that they have requested that these Terms and Conditions and all related documents be
drafted in English at the express wishes of the parties. Where Blockchain APIs has provided you
with a translation of the English language version of these Terms and Conditions, you agree that
the translation is provided for your convenience only and that the English language versions of
the Terms and Conditions will govern your relationship with us.
13. Applicable law
The terms of use set forth herein and any claims relating thereto shall be governed and
construed in accordance with the laws of France without regard to the conflict law provisions
thereof, and without regard to the United Nations Convention on the International Sale of Goods.
The parties hereby irrevocably consent to the exclusive jurisdiction of, and venue in, any court
of competent jurisdiction located in the city of Melun, Seine-et-Marne, France, for the purposes
of adjudicating any dispute arising out of these Terms and Conditions.
14. Electronic notices and invoices
You acknowledge and agree that Blockchain APIs may provide notices, invoices and other
disclosures to you electronically by posting such notices or other disclosures on Blockchain
APIs’ site or by emailing it to you at any email address provided to Blockchain APIs by you. Any
such electronic notices, invoices or other disclosure shall have the same effect as if it had
been provided to you as a paper copy.
15. Changes to the Terms and Conditions
We may add to, change or remove any part of these Terms and Conditions, at any time without
prior notice to you. Such modification shall be effective immediately upon posting at the
Blockchain APIs’ site. We encourage you to look for a new effective date on these Terms and
Conditions when you visit the site or use the Services. It is your responsibility to check these
Terms and Conditions periodically for changes.
16. Force majeure
Neither party will be liable for failure to perform or inadequate performance to the extent
caused by a condition that was beyond the party's reasonable control, including, for example, an
act of God, natural disaster, act of war or terrorism, riot, labor conditions, governmental
action, disruption of telecommunications, failure or delay of internet services providers,
disruption of power or other essential services.
17. Relationship between Blockchain APIs and the Client
The parties are independent contractors. The Agreement does not create a partnership,
joint-venture, franchise, agency, or employment relationship between the parties.
If you have any questions or claims, you may contact Blockchain APIs at Clarensia Technology
Solutions SAS, “Blockchain APIs”, 36b rue Auguste Barbier, 77300 Fontainebleau.