Canal de Denuncias de Bit2Me
Market data terms of use
Please carefully read the entirety of these Terms. 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 Terms of Use (the "Terms") are entered into between you and Bitcoinform SL ("Bit2Me") and govern your use of Market Data. For purposes of these Terms, "Market Data" means all data related to trading activity on Pro (a digital asset exchange platform provided by Bit2Me) made available to you through Bit2Me's Trade application programming interface (s) (the "Pro API"), which may include, without limitation, the prices and quantities of orders and transactions executed on Pro.
You represent and warrant that you are of legal age to enter into a binding agreement and are otherwise legally able and competent to enter into and carry out these Terms. If you are using Market Data on behalf of any entity, you represent and warrant that you are authorized to enter into these Terms on such entity's behalf, and that such entity agrees to be responsible to Bit2Me if you or that entity violates these Terms.
Different Data Packages. Bit2Me may offer different datafeeds, tiers, or packages of Market Data from time to time. Please see Market Data API docs for more information about available Market Data packages. Please 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 misrepresent Market Data, or present Market Data in a false or misleading light;
Redystrybucji, wyświetlania lub rozpowszechniania Danych Rynkowych lub jakichkolwiek danych, wykresów, analiz, badań lub innych prac opartych na Danych Rynkowych, odnoszących się do nich lub z nich pochodzących ( "Utwory Pochodne" ) jakiejkolwiek osobie trzeciej;
Use Market Data or authorized Derived Works, directly or indirectly, to create any of the following Derived Works, whether for internal use or otherwise:
- indexes, fixings, or other benchmarks;
- generic or fair value prices; or
- valuations of Digital Currencies, digital tokens, securities, or financial derivatives (whether for purposes of settlement or otherwise);
Use any Market Data or Derived Work (understanding, for clarity, that "Derived Works" includes combinations of Market Data or Derived Works with one or more other benchmarks or indexes) as a benchmark. Use "as a benchmark" includes, without limitation:
Issuance of a financial instrument which references Market Data or a Derived Work; or
Determination of the amount payable under a financial instrument or a financial contract by referencing Market Data or a Derived Work; or
Being a party to a financial contract which references Market Data or a Derived Work; or
Providing a borrowing rate calculated as a spread or mark-up over Market Data or a Derived Work and that is used as a reference in a financial contract to which the creditor is a party; or
Measuring the performance of an investment fund through Market Data or a Derived Work for the purpose of tracking the same, of defining the asset allocation of a portfolio, or of computing 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:
- The Market Data is provided "as is" and "as available", and Bit2Me hereby disclaims all warranties, express, statutory, or implied (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 clarity and without limiting the foregoing, Bit2Me makes no guarantees regarding the accuracy, completeness, timeliness, security, availability, or integrity of the Market Data or that the 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.
Odszkodowanie. W najszerszym zakresie dozwolonym przez prawo, użytkownik zabezpieczy i zwolni z odpowiedzialności Bit2Me, jej referentów i ich odpowiednich dyrektorów, urzędników, pracowników i agentów. ("Chronione Strony Trzecie Bit2Me") przed wszelkimi zobowiązaniami, kosztami, szkodami i wydatkami wynikającymi z lub związanymi z korzystaniem przez użytkownika z Danych Marketplace, w tym szkodami wynikającymi bezpośrednio z działania lub zaniechania użytkownika (w tym, bez ograniczeń, z naruszenia niniejszych Warunków), a także wyrokami, ugody i wydatki (w tym uzasadnione honoraria adwokackie i koszty prawne) wynikające z zagrażającej lub rzeczywistej sprawy sądowej, dochodzenia, postępowania lub innego roszczenia między użytkownikiem a Stroną chronioną Bit2Me lub między stroną trzecią a Stroną chronioną Bit2Me wynikającego z lub związanego z korzystaniem przez użytkownika z Danych Marketplace. Bit2Me może kontrolować obronę takiego Roszczenia, na koszt użytkownika, a użytkownik zapewni Bit2Me wszelką pomoc, jakiej Bit2Me zasadnie zażąda w celu obrony takiego Roszczenia.
Limitation of Liability. To the maximum extent permitted by applicable law, the 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 Protected Parties' aggregate liability arising out of or relating to these Terms or your use of Market Data exceed USD $1,000.
Rules of Construction. The words "include", "included", "includes" or "including" as used herein will be understood to be followed by the phrase "without limitation". The word "all" includes "any" and the word "any" includes "all". The words "herein" and "hereunder" refer to all of the Terms. Unless context expressly requires otherwise, the conjunction "or" will be understood to mean "and / or". The section headings in these Terms are inserted for convenience only and are not a 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:
- to bring an individual action in small claims court and
- 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.
Compliance with Laws. You must comply with all laws in using the Market Data and you will reasonably cooperate with us to enable us to comply with applicable laws, and any governmental, regulatory or other investigations, audits, or proceedings related to the Market 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.
Severability. In the event any part of these Terms is deemed unenforceable, you and Bit2Me authorize a court of competent jurisdiction to make the modifications that are necessary to comply with existing law, in a manner most closely representing the original intent of Bit2Me and you as expressed in these Terms.
