PARTICULAR TERMS AND CONDITIONS
FOR THE BIT2ME API
VERSION: JUNE 2023
TABLE OF CONTENTS
- 1. GENERAL DESCRIPTION
- 2. REQUIREMENTS FOR BECOMING A USER
- 3. SERVICES PROVIDED BY BIT2ME
- 4. ENTRY INTO FORCE OF THESE TERMS AND CONDITIONS
- 5. MODIFICATION OF THE TERMS AND CONDITIONS
- 6. LINKS TO EXTERNAL PAGES
- 7. ACCESS TO THE APPLICATION PROGRAMMING INTERFACE
- 8. INTELLECTUAL PROPERTY
- 9. USAGE RESTRICTIONS.
- 10. ACTIVITIES SUBJECT TO ADDITIONAL RESTRICTIONS.
- 11. USER OBLIGATIONS
- 12. DURATION OF THE CONTRACT
- 13. CONFIDENTIALITY
- 14. VERIFICATION OF COMPLIANCE WITH OBLIGATIONS BY THE USER
- 15. LIABILITY
- 16. DISCLAIMER OF WARRANTIES
- 17. APPLICABLE LAW AND COMPETENT JURISDICTION
GENERAL DESCRIPTION
These Particular Terms and Conditions are applicable to any person with legal capacity who contracts the services of Bit2Me for the use of the API service that Bit2Me makes available to its users.
Bitcoinforme, S.L. is the Company responsible for making the API available, its purpose being to provide access through it to the various services and functionalities available on its platform.
These Particular Terms and Conditions must be accepted by the user to use the Bit2Me API.
With the express acceptance of these Particular Terms and Conditions, it is understood that the user has fully accepted them and that, therefore, has previously read and understood each and every one of the terms, undertaking to comply with all the specifications established in them.
In matters not provided for in these Particular Conditions, the general terms and conditions of Bit2Me will apply, as well as the Particular Terms and Conditions that govern the use of each of the services to which the Bit2Me API allows access, provided that they do not contravene the provisions of these Conditions.
REQUIREMENTS FOR BECOMING A USER
Persons of legal age and with full capacity to contract who, having a registered and verified account on Bit2Me, having accepted the applicable terms and conditions for access to the platform, and who subscribe to these Particular Terms and Conditions (hereinafter "the user"), may access the use of the Bit2Me API.
In cases where the user accesses the Bit2Me API on behalf of a legal entity, the user accepts and declares that they have sufficient representative powers to bind the legal entity or company they represent in the contracting of services. In such cases of access to the Bit2Me API services, any service request made by the user will be attributable to the Legal Entity, and Bit2Me will presume that they have been made by the latter.
The user can access the API services (by logging into their Bit2Me account in the API MANAGEMENT section, and after accepting these Particular Terms and Conditions, they can create new API Keys).
The generated API KEYS and "SECRETS" that will allow the user to identify themselves and use the API services are strictly personal. The SECRET will only be shown once, and the user must save the API key and the secret in a safe place. Consequently, the user expressly accepts that Bit2Me attributes that the uses of the service made using their identification keys are made by the registered user. The API KEY can be freely revoked in the specific section within the user's account. If the user creates a new API KEY, a new SECRET will be automatically generated.
Bit2Me may block access to and use of the API services when it deems it necessary for security reasons.
SERVICES PROVIDED BY BIT2ME
Bit2Me provides access to the user's account on the Bit2Me platform through the API service, allowing them to use the various available services.
The user agrees to use the API responsibly and under the terms expressly established in these Particular Conditions, exonerating Bit2Me from any liability arising from improper, erroneous, or illegal use or for the purpose of committing illegal actions.
ENTRY INTO FORCE OF THESE TERMS AND CONDITIONS
The Particular Terms and Conditions will come into force and, therefore, will be applicable to Bit2Me and the user, from the moment the following conditions are met: The user has given their conformity to them by clicking the button "I have read and accept the Terms and Conditions" enabled for access to the use of the API.
MODIFICATION OF THE TERMS AND CONDITIONS
Bit2Me reserves the right to modify these Particular Terms and Conditions without prior notice. When the changes and modifications made are relevant, they will be notified to the users, with the user being responsible for reviewing the Particular Terms and Conditions accessible at bit2me.com.
Bit2Me may choose at her sole discretion to provide assistance or to introduce modifications to the API access or the uses that the Bit2Me API allows, and may terminate such assistance, access, or content at any time, in whole or in part, without prior notice. Likewise, we do not guarantee that future versions will be compatible with previous versions. The user acknowledges that an update, modification, or termination of the Bit2Me API may negatively affect how they access or communicate with it. You are responsible for ensuring that you can continue to use the development tools, particularly any tool that is or has undocumented parts.
For these purposes, it will be considered that the user fully accepts the new Terms and Conditions if, after a period of one month from the modification of the Terms and Conditions being made available to all users, the user has not requested to unsubscribe or canceled the service. A user who does not agree with the changes made to the Terms and Conditions may revoke the created API keys and stop using the Bit2Me service.
LINKS TO EXTERNAL PAGES
In the API service, you will find links to third-party websites, which are governed by their own conditions, and Bit2Me is not responsible for the operations that the user may carry out through these entities external to Bit2Me. Likewise, the Privacy Policy or General Conditions of these entities are external to Bit2Me, so the user must take this into account to know that both the General Conditions and the Privacy Policy of these third parties are solely their responsibility and not that of Bit2Me.
ACCESS TO THE APPLICATION PROGRAMMING INTERFACE
The user may access the Bit2Me API when they meet the necessary requirements established in these Particular Conditions, as well as in any others applicable set forth in the different terms and conditions of the platform or in the different policies established by Bit2Me.
The user may only use the APIs in their original and unmodified state through the Bit2Me Customer Account. Once the API Key is created, the Secret will only be shown once. If you do not remember the Secret in the future, you will need to create a new API Key.
API Keys can only be generated through an interface and interaction by a natural person. Bit2Me does not allow the automation of API key generation.
The user knows and accepts that the scope and specific form of the API are at the sole discretion of Bit2Me, and that Bit2Me may modify or stop using the API at her sole discretion at any time. Bit2Me may set limits on the number of API calls that can be made, at her sole discretion. In case of exceeding these limits or violating any other condition of these Rules, Bit2Me may moderate the user's activity or stop offering access to the APIs at her sole discretion.
It will be the user's sole responsibility to properly ensure and keep their API keys secret. The user accepts full responsibility for any use of Bit2Me's services that is facilitated through the API keys or by any other application they may authorize (including any activity by them or third parties who have access to their account information, with or without authorization).
The user accepts and acknowledges that they must be diligent in the use of the security code so that it is not accessible by unauthorized third parties.
INTELLECTUAL PROPERTY
The Bit2Me API, attached or related documentation, source code, executable applications and other materials, any data or content obtained from or through the Bit2Me API and any other resource or service, are protected by national and international intellectual and industrial property laws.
Bit2Me will remain the owner of all those rights not expressly granted in these Conditions.
The design, images, signs, distinctive signs, trade name, trademarks, logos, products and services that Bit2Me contains are protected by Industrial Property law.
Access to the Bit2Me API does not grant users any right or ownership over the intellectual or industrial property rights or the contents it hosts. Users may not copy, modify, distribute, transmit, reproduce, publish, assign, or sell the aforementioned elements or create new products or services derived from the information obtained without express written authorization from Bit2Me.
The parties agree that in order to use and reproduce the trademarks, logos, trade names, designs, images, photographs and other elements and materials, express authorization must be requested.
The user must obtain prior written approval from Bit2Me before publishing statements, written press releases, public announcements, and public disclosures, including promotional or marketing materials, related to Bit2Me, the Bit2Me Brands, the Services provided, or this Agreement.
In the event that the user decides to provide Bit2Me with opinions, suggestions or comments in relation to the API, they agree to provide Bit2Me with a fully paid, royalty-free, non-exclusive, worldwide, transferable, sublicensable and irrevocable right and license under all their intellectual property rights to use, copy, modify, create derivative works, distribute, publicly perform, sublicense and otherwise exploit such opinions, suggestions or comments, for any purpose, without obligation of any kind from Bit2Me to the user.
Bit2Me reserves the right to take appropriate legal action against users who violate or infringe intellectual and industrial property rights.
USAGE RESTRICTIONS.
Violation of the restrictions described below will result in the suspension or cancellation of access to or use of the Bit2Me API. The user agrees to respect the restrictions described below and will not encourage or facilitate others to violate these restrictions.
Specifically, the user will not perform the following actions, nor will they encourage or authorize others to:
Use the Bit2Me API in any way that is not expressly authorized by these conditions.
Copy, rent, lease, sell, sublicense or otherwise transfer their rights to access and use the Bit2Me API as well as the user account. This does not apply to cases where uses are created or functionalities are enabled through integrations with third-party platforms.
Alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code derived from the services and functionalities accessed through the API, as well as from the Bit2Me API itself.
Use or access the Bit2Me API for the purpose of monitoring the availability, performance, or functionality of any of Bit2Me's products and services or for any other benchmarking or competitive evaluation purpose.
Use the Bit2Me API for any use that constitutes, promotes, or is used in connection with spyware, adware, or any other malicious program or code.
Use the service to encourage, promote, or participate in illegal activities, violate the rights of third parties, including intellectual property rights or privacy rights, or violate the Terms or engage in any prohibited, unauthorized, or unlawful use.
Use the Bit2Me API in a way that exceeds a reasonable volume of requests, constitutes excessive or abusive use, or otherwise affects the stability of Bit2Me's servers or the behavior of other applications using the platform.
Display the elements of the Bit2Me API or the Brands, symbols, or creatives of Bit2Me in a way that could reasonably imply an endorsement, relationship, affiliation, or sponsorship between the user or a third party and Bit2Me, unless Bit2Me expressly permits it in writing.
Use the Bit2Me API to (i) access or use any information not permitted by this Agreement, to (ii) circumvent or break any of Bit2Me's administrative, technical, or organizational security measures,
(iii) disrupt, impair, overload, or degrade the platform, servers, networks, or equipment or the Services of Bit2Me, (iv) change the Bit2Me API or the Bit2Me Services and functionalities in any way, or (v) test the vulnerabilities of the service, software, networks, or platforms of Bit2Me without the written authorization of Bit2Me.
Duplicate or compete with the main products and/or services of Bit2Me, including, without limitation, in relation to any application, website, or other product or service that also includes, features, endorses, or otherwise supports a third party that provides services competitive with the products and services of Bit2Me, as determined at our sole discretion. The user agrees that Bit2Me may offer similar products or services to the uses to which the user has intended the use of the API, in the future, and that they will have no right of use, ownership, or compensation over such products or services.
Use for advertising purposes any data collected from your use of the Bit2Me API or any service or functionality, including Bit2Me Data.
Use the Bit2Me API to collect Personal Data or provide services to End Users under 18 years of age or the age of majority in the jurisdiction in which they reside.
Transmit any data related to your Bit2Me API integration or the platform over a channel that is not secure and encrypted (e.g., HTTPS).
ACTIVITIES SUBJECT TO ADDITIONAL RESTRICTIONS.
In certain circumstances, Bit2Me may require the user to meet additional requirements for access to and use of the Bit2Me API or even prevent it or modify the usage fees. These include, but are not limited to, situations where the Bit2Me API is intended for or related to:
International remittance services. Any use involving a service that provides: (i) an international (cross-border) transfer of funds from a Sender to a Recipient, (ii) without an underlying sale or other bona fide commercial purpose for the transfer.
Banking or other licensed financial services. Any purpose of use that relates to the use, acceptance, or sending of money for eventual payments or that offers or provides credit, either directly or as an intermediary or organizer between third parties, or any use that requires a license as a bank, money services business, or other financial service provider, or as a custodial service in the jurisdiction where the service users reside.
Gaming services. Any use that involves the payment of funds by a customer in exchange for the opportunity to win or obtain a prize, reward, or other payment.
Cryptoasset Exchange and Custody. Any Application involving a business engaged in the exchange of cryptoassets for fiat funds or other cryptoassets and that accepts and transmits convertible cryptoassets or buys or sells convertible cryptoassets for any reason.
Donation acceptance services. Any use involving a service that allows the acceptance of donations on behalf of a charity or other religious or spiritual organization.
Any other activity for which, due to legal requirements, its nature, or risk, the accreditation of additional matters is necessary to ensure its compliance with the legal system, guarantee the proper functioning of the Platform, or avoid any impact on the image and brand of Bit2Me.
USER OBLIGATIONS
Provide the information required in the forms in the cases indicated in the previous sections when selling cryptocurrencies.
Confirm the acceptance of these Terms and Conditions by clicking the "I have read and accept the Terms and Conditions" button.
Adopt the necessary security measures, both personal and material, to maintain the confidentiality of relevant data supplied by Bit2Me or its partners, as well as immediately notify Bit2Me of the loss, misplacement, theft, robbery, or illegitimate access in their name and/or its knowledge by third parties. The user expressly accepts that any use of the service made with their access credentials has been made by themselves.
Make appropriate use of the Services included in the Bit2Me API, always in accordance with the legal system.
Not to carry out any activity that hinders or interferes with the functioning of the Services, included in the services to which the Bit2Me API provides access.
To be responsible for all operations carried out in their user account, exonerating Bit2Me from any liability.
To comply with all applicable laws and regulations, especially regarding financial regulation, anti-money laundering, privacy, and security (including those applicable to Personal Information) in relation to their access and use of the Bit2Me API.
To ensure at all times an adequate level of security and protection for their equipment, systems, networks, and connections, being fully responsible and holding Bit2Me harmless at all times against third parties in the event of a cyber attack.
To hold Bit2Me harmless at all times from liability arising from any breach of the legal system that constitutes or may constitute their use of the Bit2Me API.
12. DURATION OF THE CONTRACT
This contract has an indefinite duration from its acceptance, unless either party communicates to the other its intention not to continue. However, the user may at any time request the termination of the contract; for this, it will be sufficient to revoke the API Keys created by the user.
13. CONFIDENTIALITY
By reason of accessing the Bit2Me API, the user may have access to certain non-public information, software, and specifications related to the Services provided and functionalities permitted by Bit2Me ("Confidential Information"), which is confidential and proprietary to Bit2Me.
The user may only use this confidential information to the extent necessary to exercise the rights granted by this contract. They may not disclose this Confidential Information to third parties without the prior written consent of Bit2Me.
The user agrees to protect this confidential information against unauthorized use, access, or disclosure in the same way they would protect their own confidential and private information of a similar nature, and in no case with a degree of diligence less than reasonable.
14. VERIFICATION OF COMPLIANCE WITH OBLIGATIONS BY THE USER
Bit2Me, or an external agent subject to confidentiality obligations, shall have the right to inspect and audit any records or activity related to your access or use of the Bit2Me API for the purpose of verifying compliance with this Agreement. Bit2Me may exercise its right to audit at any time.
The user will provide their full cooperation and assistance in such an audit and will provide access to all tools and programs in their possession or under their control, as well as to the applicable agreements and records. Without limiting the generality of the foregoing, as part of the audit, Bit2Me may request, and the user agrees to provide, a written report, signed by an authorized representative, listing their current implementation of the Bit2Me API. The rights and requirements of this section will remain in effect for one (1) year after the termination of this Agreement.
The user acknowledges and agrees that they have an unavoidable obligation to Bit2Me to immediately notify cases where they become aware that someone is violating these Conditions or misusing the Bit2Me API. Such notification must be made through the Bit2Me support service
15. LIABILITY
The Bit2Me API complies with the provisions of the Spanish legal system. Bit2Me is not responsible for those services that do not comply with the provisions of the legal system of other countries to which the services or functionalities offered through the Bit2Me API could be provided.
Bit2Me is exonerated from any liability in case of improper use or use contrary to the legal system of the Bit2Me API by the user.
Bit2Me will not assume any liability for damages or losses that may be suffered as a result of events that are beyond its control or that could not have been foreseen, or that, if foreseen, were unavoidable, either due to an act of God or force majeure.
Bit2Me is not responsible for any failure, technical error, accident, breakdown, manipulation, interruption in the Service or any other incident that may arise in equipment or technical services external to Bit2Me whose use is necessary for the provision of the Service.
Bit2Me will not be responsible in cases of unavailability of the Service due to force majeure or temporary suspension of the same for technical reasons.
Bit2Me does not assume any type of responsibility for the improper use of the user's access credentials; the user must immediately change them through the procedures that Bit2Me has established for this purpose.
Bit2Me is not responsible for the loss of funds due to deception of the user by third parties, for example, a scam requesting payment in cryptocurrencies for a service that is never delivered.
Bit2Me prohibits the purchase of cryptocurrencies on the platform for the payment of a ransom typically demanded by ransomware (such as Cryptolocker). If the user finds themselves in this situation, our team advises all users to contact the police or competent authority and never make the payment.
The user will be responsible for the damages and losses that may have been caused to third parties, by the data provided, by way of an enumerative and non-limiting list as a consequence of the following actions:
Use of outdated, false, or unreal data.
Use by third parties of the user's personal keys.
Making services or functionalities available to third parties through the Bit2Me API.
Furthermore, the user agrees to defend, indemnify, and hold harmless Bit2Me, its affiliates, and their respective directors, officers, employees, and agents from and against any third-party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of (a) the user's access to or use of the Bit2Me API, Bit2Me data, Bit2Me brands, (b) their violation of any copyright, trademark, trade secret, trade dress, patent, or other intellectual property right of any person, or defamation of any person or violation of a person's rights of publicity or privacy, (c) their breach or alleged breach of any provision, condition, and representation of the Conditions, (d) the intended use of the Bit2Me API; (e) their gross negligence or willful misconduct; or (f) their failure to protect and keep their API keys or any other information or data whose protection is necessary to ensure security secret.
Bit2Me does not recommend investing in cryptocurrencies to people who are not fully aware of the service they are contracting and do not correctly understand how it is being provided.
16. DISCLAIMER OF WARRANTIES
The Bit2Me API, as well as its data and any other services or functionalities are provided to the user "as is", without warranty of any kind, and Bit2Me disclaims all warranties, whether express, implied, statutory, or otherwise, including, but not limited to, warranties of merchantability, non-infringement, fitness for a particular purpose, and any warranty or condition arising from this contract, the course of dealings, or trade usage. Bit2Me does not warrant that its API, data and information, services, or functionalities will meet your needs or that the use thereof will be error-free, uninterrupted, virus-free, or secure.
17. APPLICABLE LAW AND COMPETENT JURISDICTION
This contract will be interpreted and governed in accordance with current Spanish legislation. Both parties, with express waiver of any other jurisdiction that may correspond to them, submit any interpretation or controversy resulting from this contract to the Courts that, according to the legal system, are competent.