Canal de Denuncias de Bit2Me
Market data terms of use
Please read these Terms carefully and in their entirety. By accessing or using Pro Market Data, you agree to be bound by these Terms, including all amendments and updates made between your initial acceptance of these Terms and any future access or use. If you do not agree to these Terms, do not access or use the Pro Market Data.
These Market Data Use Terms (the "Terms") are entered into between you and Bitcoinforme S.L. ("Bit2Me") and govern the use of Market Data. For the purposes of these Terms, "Market Data" means all data related to trading activity on Pro (a digital asset exchange platform provided by Bit2Me) available through the Pro application programming interface(s) (the "Pro API"), which may include, among [Otros] things, prices and the quantities of orders and transactions executed on Pro.
You declare and warrant that you are of legal age to enter into a binding agreement and, if not, that you are legally capable and competent to enter into and perform these Terms. If you are using market data on behalf of any entity, you declare and warrant that you are authorised to enter into these Terms on behalf of such entity, and that such entity agrees to be responsible to Bit2Me if you or that entity breaches these Conditions.
Different data packages. Bit2Me may offer different sources of data, levels, or market data packages from time to time. Check Market Data API docs for more information on the available market data packages. Verify the scope and type of market data in your package before using it.
Permission to Use Market Data. Subject to the restrictions set forth below and all other terms of this Agreement, Bit2Me hereby grants you a worldwide, royalty-free, revocable, nonexclusive, nontransferable, non-sublicensable, limited license, solely for your internal purposes and in accordance with applicable law, to use, copy, store, and create derivative works (such as charts, analytics and digital asset orders), from Market Data.
Restrictions and Responsibilities. Absent prior express written consent from Bit2Me, you may not:
Alter, manipulate or distort market data, or present market data in a false or misleading manner;
Redistribute, display or disseminate market data, or any data, graph, analysis, research or other works based on, referred to or derived from market data (" Derived Works ") to any third party;
Use market data or authorised derivative works, directly or indirectly, to create any of the following derivative works, whether for internal use or otherwise:
- indexes, fixings, or other benchmarks;
- Generic or reasonable value prices; or
- valuations of Digital Currencies, digital tokens, securities, or financial derivatives (whether for purposes of settlement or otherwise);
Use any market information or derivative work (understanding, for greater clarity, that "derivative works" include combinations of market data or derivative works with one or more reference points or indices) as a reference point. The use "as a reference point" includes, without limitation:
Issuance of a financial instrument referencing market data or a derivative work; O
Determination of the amount payable under a financial instrument or financial contract referring to Market Data or a Derivative Work; or
Being part of a financial contract that refers to market data or a derivative work; or
Provide a debt ratio calculated as a spread or margin over market data or a derivative work, used as a reference in a financial contract in which the creditor is a party; or
Measure the performance of an investment fund through market data or a derivative work in order to track the same, define the asset allocation of a portfolio, or calculate performance fees.
Ownership and Proprietary Rights.
- Market Data. You acknowledge that as between Bit2Me and you, the Market Data and all rights in the Market Data (including all copyrights, database rights, and all other proprietary rights) are exclusively the property of Bit2Me. In addition and independently of the foregoing, you acknowledge that the Market Data is the product of substantial expenditure by Bit2Me of labor, skill, and money, and your use of Market Data in contravention of these Terms would misappropriate the benefits of those expenditures. Bit2Me reserves all rights in the Market Data not expressly granted in these Terms. At the request and expense of Bit2Me, you agree that you will take all reasonable steps, such as the execution of written documents, that may be necessary to protect, perfect, and enforce Bit2Me's rights in the Market Data.
- Equitable Relief. Without limiting any other rights of Bit2Me under these Terms, the parties recognize that a breach of the restrictions applicable herein to the use of Market Data would give rise to irreparable injury to Bit2Me such that monetary damages alone would not be an adequate remedy. You and Bit2Me agree that in the event of such a breach, Bit2Me will be entitled to equitable relief, including in the form of injunctive relief, and you hereby waive any requirement for the securing or posting of any bond or the showing that actual monetary damages will not afford an adequate remedy in connection with seeking such relief.
Changes to Market Data and Suspension of Access. Bit2Me may from time to time, without notice and in its sole discretion, withdraw, suspend, or change the Market Data or your access to the Market Data. You agree that Bit2Me has no obligation to provide the Market Data to you and will not be liable if any Market Data is unavailable or changes for any reason.
Changes to Terms. Bit2Me may modify these Terms from time to time in its discretion. It is your responsibility to monitor updates to these Terms. Your continued use of Market Data means your agreement to any such updates. If you do not agree, you may not continue to use Market Data.
Disclaimers. To the maximum extent permitted by applicable law:
- Market data is provided "as is" and "as available," and Bit2Me disclaims all warranties, express, legal, or implied (including, among others, implied warranties of title, non-infringement, merchantability, fitness for a particular purpose), and all warranties arising from the course of dealing, usage, or trade practice).
- For greater clarity and without limiting the foregoing, Bit2Me does not provide warranties regarding the accuracy, completeness, timeliness, security, availability, or integrity of Market Data, or that Market Data will be uninterrupted or operate in combination with any software, service, system, or other data.
- You access and use the Market Data entirely at your sole risk, and Bit2Me will not be responsible for any actions you take based on the Market Data.
Compensation. To the maximum extent permitted by law, you must indemnify and hold harmless Bit2Me, its referrals, and their respective directors, officers, employees, and agents ("Third Parties Protected by Bit2Me") against all liabilities, costs, damages, and expenses arising out of or related to your use of Market Data, including damages arising directly from your act or omission (including, among others, the breach of these Terms), as well as judgments, settlements, and expenses (including reasonable solicitors' fees and legal costs) arising from a threatened or actual demand, investigation, proceeding, or other claim between you and a Bit2Me protected party or between a third party and a Bit2Me protected party arising out of or related to your use of Market Data. Bit2Me may control the defence of such Claim, at its own cost, and you will provide Bit2Me with any assistance that Bit2Me reasonably requests to defend such Claim.
Limitation of Liability. To the maximum extent permitted by applicable law, the Bit2Me 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 — related to the market data or these Terms, irrespective of whether such damages arise from claims brought in contract, tort, negligence, warranty, strict liability, or any other theory at law or equity, and even if Bit2Me has been advised of the possibility of such damages. Without limiting the foregoing, to the maximum extent permitted by applicable law, in no event will the Bit2Me Protected Parties' aggregate liability arising out of or relating to these Terms or your use of Market Data exceed USD $1,000.
Construction Rules. The words "include", "including", "includes" or "included" as used in this document shall be followed by the phrase "without limitation". The word "all" includes "any" and the word "any" includes "all". The words "here" and "below" refer to all the Terms. Unless the context expressly requires otherwise, the conjunction "or" shall be understood as "and/or". Section headings in these Terms are included for convenience only and are not part of the Terms and will not affect the meaning or interpretation of these Terms.
Entire Agreement. These Terms constitute the entire agreement between you and Bit2Me regarding the Market Data. If you wish to modify these Terms, any amendment must be provided to Bit2Me in writing and signed by an authorized representative of Bit2Me.
Choice of Law. You agree that the laws of Alicante (Spain - Europe) - 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 Bit2Me, except to the extent governed by federal law.
Arbitration; Waiver of Class Action. If you have a dispute with Bit2Me, we will attempt to resolve any such disputes through our support team. If we cannot resolve the dispute through our support team, you and Bit2Me agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with Alicante (Spain) laws and you and Bit2Me hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration, except that each party retains the right:
- present an individual action in a small claims court
- to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party's proprietary rights, including copyrights, trademarks, trade secrets, database rights, patents, and fruits of labor, skill, or money protected under common law principles of unfair competition. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law, and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees. If the arbitrator or arbitration administrator would impose filling fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law. Apart from the foregoing, each party will be responsible for any other fees or costs, such as attorney fees that the party may incur.
Legal Agreement You must comply with all laws when using the Markets Data and will reasonably cooperate with us to allow us to comply with applicable laws and any governmental, regulatory or other investigation, audit or proceeding relating to the Markets Data.
Assignment and Delegation. You may not assign or delegate any of your rights or obligations under these Terms to anyone without Bit2Me's prior written consent, and any assignment in violation of this paragraph will be null and void. Bit2Me may freely assign its rights or delegate its obligations under this Agreement, including in connection with any merger, acquisition or asset sale. Subject to the foregoing, this Agreement will bind and inure to the benefit of You and Bit2Me, and your and Bit2Me's respective successors and permitted assigns.
Divisibility. In the event that any part of these Terms is deemed unenforceable, you and Bit2Me authorise a court of competent jurisdiction to make the necessary modifications to comply with existing law, in a manner closest to Bit2Me's and your original intention as expressed in these terms.
