Last updated: Jan 17, 2022
Please take the time to go over these Terms and Conditions in their entirety. By accessing or using BitBlockAi Pro Market Data, you agree to be governed by these Terms, including any revisions or additions made between the time of your first acceptance of these Terms and the time of any subsequent access or use of the Market Data. In the event that you do not agree with these Terms, you should refrain from accessing or using the BitBlockAi Pro Market Data.
It is your express representation and warranty that you are of legal age to enter into a legally binding agreement and that you are otherwise legally able and competent to enter into and perform the terms and conditions of this Agreement. In the event that you are using Market Data on behalf of another entity, you represent and warrant that you are authorized to enter into these Terms on that entity's behalf, and that that entity agrees to be liable to BitBlockAi in the event that you or that entity violates the terms of these Terms.
Different Data Packages are available.
BitBlockAi may provide a variety of data streams, levels, and bundles of Market Data at various times throughout the year. Please refer to the Market Data API documentation for further information on the Market Data packages that are currently available. Please double-check the breadth and kind of Market Data included in your package before relying on it for anything.
2. Permission to Make Use of Market Information.
Subject to the restrictions set forth below and to all other terms of this Agreement, BitBlockAi hereby grants you a worldwide, royalty-free, revocable, nonexclusive, non-transferable, non-sublicensable, limited license to use, copy, store, and create derivative works (such as charts, analytics, and digital asset orders) from Market Data solely for your internal purposes and in accordance with applicable law.
Observe the following restrictions and responsibilities:
The following are prohibited without the prior express written consent of BitBlockAi: 1. Alter, manipulate, or misrepresent Market Data, or present Market Data in a false or misleading light; 2. Redistribute, display, or disseminate the Market Data—or any data, charts, analytics, research, or other works based on, referring to, or derived from the Market Data ("Derived Works")—to any third party; and 3. Create derivative works from the Market Data.
3. Utilize Market Data or authorized Derived Works, either directly or indirectly, to create any of the following Derived Works, whether for internal use or otherwise: a. indexes, fixings, or other benchmarks; b. generic or fair value prices; or c. valuations of Digital Currencies, digital tokens, securities, or financial derivatives (whether for purposes of settlement or otherwise); or d. Utilize any Market Data or Derived Work (with the understanding that "Derive The phrase "as a benchmark" may refer to any of the following, without limitation:
The issuance of a financial instrument that references Market Data or a Derived Work; or f. The determination of the amount payable under a financial instrument or a financial contract by referencing Market Data or a Derived Work; or g. Participating in the execution of a financial contract that references Market Data or a Derived Work; or h. The provision of a borrowing rate calculated as a spread or mark-up over Market Data or a Derived Work that is used as
Ownership and proprietary rights are important concepts to understand.
Information about the market.
4. As between BitBlockAi and you, you recognize and agree that the Market Data, as well as all rights in the Market Data (including all copyrights, database rights, and all other proprietary rights), are the exclusive and exclusive property of BitBlockAi and are not your property. Additionally, and independently of the foregoing, you acknowledge that the Market Data is the result of a significant investment of time, effort, and money on the part of BitBlockAi, and that your use of Market Data in violation of these Terms would result in the misappropriation of the benefits of those investments. BitBlockAi retains ownership of all rights in the Market Data that are not explicitly provided in these Terms and Conditions.
5. As a courtesy to BitBlockAi and at the cost of the company, you undertake to take any reasonable efforts (including the execution of written documents) that may be required to preserve, perfect, and enforce BitBlockAi's rights in the Market Data.
6. Relief on an Equitable Basis
While the parties realize that a violation of the limits applicable herein to the use of Market Data would result in irreparable loss to BitBlockAi, the parties also agree that monetary damages alone would not be an acceptable remedy in the event of a breach of these restrictions. If you violate this provision, you and BitBlockAi agree that BitBlockAi will be entitled to equitable relief, including injunctive relief, and you hereby waive any requirement that you secure or post a bond, as well as any requirement to demonstrate to BitBlockAi that actual monetary damages will not be an adequate remedy, in connection with seeking such relief.
Changes to market data as well as the suspension of access are being implemented. BitBlockAi has the right, at any time and in its sole discretion, to remove, suspend, or amend the Market Data or your access to the Market Data without prior warning or liability. If any Market Data is unavailable or changes for any reason, you accept that BitBlockAi is under no duty to supply you with such information. BitBlockAi will not be responsible in any way.
7. Modifications to the Terms and Conditions.
BitBlockAi has the right to alter these Terms at any moment in its sole discretion. It is your duty to check for changes to these Terms and Conditions. If you continue to use Market Data, you are indicating your acceptance of any future changes. If you do not agree, you will not be able to continue to use Market Data in the future.
8. To the greatest degree permissible by current law, we will:
The Market Data is given "as is" and "as available," and BitBlockAi expressly disclaims any and all warranties, explicit, statutory, or implied, with respect to the Market Data, including any implied warranties (including, without limitation, implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, and all warranties arising from course of dealing, usage or trade practice).
For the avoidance of doubt, and without limiting the foregoing, BitBlockAi makes no representations or warranties as to the accuracy, completeness, timeliness, security, availability, or integrity of the Market Data, nor does it warrant that the Market Data will be uninterrupted or that it will operate in conjunction with any software, service, system, or other data in any combination.
9. You access and use the Market Data solely at your own risk, and BitBlockAi will not be liable for any actions you take as a result of relying on this information.
Indemnification\s. In order to protect BitBlockAi and its affiliates, as well as their respective directors, officers, employees, and agents (collectively, "BitBlockAi Protected Parties"), you must indemnify and hold harmless BitBlockAi and its affiliates against all liabilities, costs, damages, and expenses arising out of or relating to your use of Market Data, including damages directly resulting from your act or omission (including without limitation breach of these Terms), as well as judgment BitBlockAi reserves the right to manage the defense of any such Claim at your expense, and you agree to cooperate with BitBlockAi in any way that BitBlockAi reasonably demands in connection with the defense of any such Claim.
10. Liability Exclusions and Restrictions
To the fullest extent permitted by applicable law, the BitBlockAi Protected Parties will not be liable for any direct, indirect, incidental, special, punitive, or consequential damages of any kind—including lost profits or trading losses—arising out of or in connection with the market data or these Terms, whether such damages arise out of claims brought in contract, tort, negligence, warranty, strict liability, or any other theory at law or equity, and even if BitBlockAi has been advised of The BitBlockAi Protected Parties' aggregate liability arising out of or connected to these Terms or your use of Market Data shall not exceed USD$1,000 in any circumstance, to the fullest extent allowed by applicable law. If any of the restrictions set out in this paragraph are found to be unenforceable as stated in any case, the limits shall be enforced to the fullest extent permissible by applicable law.
11. Construction Procedures and Rules
The terms "including," "included," "includes," or "including" shall be considered to be followed by the phrase "without restriction" wherever they are used in this document. The words "all" and "any" are synonymous, and the words "all" and "any" are synonymous. The terms "herein" and "hereunder" relate to the whole set of Terms and Conditions. In most cases, unless the context clearly indicates otherwise, the conjunction "or" will be interpreted as meaning "and/or." The section titles in these Terms are provided only for the purpose of convenience and are not intended to be part of the Terms. They will have no effect on the meaning or interpretation of these Terms in any way.
12. This is the whole agreement.
You and BitBlockAi have reached an agreement respecting the Market Data, which is set out in full in these Terms. If you intend to make any changes to these Terms, you must submit them to BitBlockAi in writing, signed by an authorized representative of BitBlockAi, before they become effective.
Selection of a legal system.
13. You agree that the laws of the State of Brussels, without regard to any of its choice-of-law principles that would apply the substantive laws of any other jurisdiction, will govern these Terms and any claim or dispute that may arise between you and BitBlockAi, except to the extent governed by federal law, and that any claim or dispute that may arise between you and BitBlockAi will be resolved in accordance with the laws of the State of Brussels.
Arbitration Waiver in the Case of a Class Action If you have a problem with BitBlockAi, we will make every effort to rectify the problem via our support staff, if possible. When our support team is unable to resolve the dispute, you and BitBlockAi agree that any dispute arising under this Agreement will be finally settled in binding arbitration, on an individual basis, in accordance with the Belgian Arbitration Association's rules for arbitration of consumer-related disputes, and you and BitBlockAi expressly waive the right to a trial by jury and the right to participate in a class action lawsuit or class-wide arbitration, except that each p A single, impartial arbiter will conduct the arbitration, which will take place in the county or parish in where you live, or in another mutually accepted location, in the English language. The arbitration will be conducted by telephone. The arbitrator may award any remedy that a court of competent jurisdiction may grant, including lawyers' fees where permitted by law, and the arbitrator's judgment may be enforced in any court of competent jurisdiction, including the United States District Court for the District of Columbia. Hearings may be performed in person or over the phone at your choice, and the arbitrator may arrange for the submission and determination of motions on briefs, rather than via oral proceedings. Upon winning any action or procedure to enforce this agreement, the successful party will be entitled to recover its expenses and lawyers' fees. Upon request, we will reimburse you any filing fees or other administrative costs that the arbitrator or arbitration administrator would impose on you, to the extent that such fees or costs would be greater than those that you would otherwise be required to pay if you were instead proceeding in court. Additional fees or expenses may be imposed on us by the arbitration administrator's rules or by relevant legislation, and we shall pay such fees or costs. Aside from the aforementioned, each party shall be liable for any additional expenses or expenditures that may be incurred, such as attorney fees, by the other party.
Following the rules and regulations If you use the Market Data, you must comply with all applicable laws and regulations, and you must cooperate with us to the greatest extent possible in order for us to comply with applicable laws, as well as any governmental, regulatory, or other investigations, audits, or proceedings involving the Market Data.
14. Assignment and delegation are two important concepts in business.
It is strictly prohibited for you to transfer or delegate any of your rights or duties under these Terms to anyone other than BitBlockAi without BitBlockAi's prior written authorization, and any assignment made in violation of this provision will be null and void. A merger, acquisition, or asset sale are all examples of situations in which BitBlockAi may freely sell its rights or delegate its responsibilities under this Agreement. As a result of the above, this Agreement will be binding upon and insure to the benefit of You and BitBlockAi, as well as your and BitBlockAi's respective succeeding officers, directors, and allowed assignee.
The parties expressly agree that in the event that any part of these Terms is found to be unenforceable, a court of competent jurisdiction will make any modifications necessary to bring them into compliance with applicable law in a manner that is most closely representative of the original intent expressed by BitBlockAi and you as expressed in these Terms.