Market Data Terms of Use
Please read these entire Terms carefully. 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 Bit2Me's Pro Market Data.
These Market Data Terms of Use (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 Pro's application programming interface(s) (the "Pro API"), which may include, but is not limited to, 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 capable and competent to enter into and perform 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 behalf of such entity, 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 data feeds, levels, or packages of Market Data from time to time. Please see the Market Data API docs for more information on the 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, non-exclusive, non-transferable, non-sublicensable, limited license, solely for your internal purposes and in compliance with applicable law, to use, copy, store, and create derivative works (such as charts, analyses, and digital asset orders) from the Market Data.
Restrictions and Responsibilities. In the absence of prior written consent from Bit2Me, you may not:
Alter, manipulate, or misrepresent the Market Data, or present the Market Data in a false or misleading manner;
Redistribute, display, or disseminate the Market Data, or any data, charts, analysis, research, or other works based on, referring to, or derived from the Market Data (" Derivative Works ") to any third party;
Use the Market Data or authorized Derivative Works, directly or indirectly, to create any of the following derivative works, whether for internal use or otherwise:
- indices, fixings, or other benchmarks;
- generic or fair value prices; or
- valuations of digital currencies, digital tokens, securities, or financial derivatives (whether for settlement or other purposes);
Use any Market Data or Derivative Work (understanding, for clarity, that "Derivative Works" include combinations of Market Data or Derivative Works with one or more benchmarks or indices) as a benchmark. "Use as a benchmark" includes, without limitation:
Issuing a financial instrument that references Market Data or a Derivative Work; or
Determining the amount payable under a financial instrument or a financial contract by referencing Market Data or a Derivative Work; or
Being a party to a financial contract that references Market Data or a Derivative Work; or
Providing a borrowing rate calculated as a spread or margin over the Market Data or a Derivative 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 Derivative Work for the purpose of tracking the same, defining the asset allocation of a portfolio, or calculating performance fees.
Ownership and Proprietary Rights.
- Market Data. You acknowledge that, as between Bit2Me and you, the Market Data and all rights therein (including all copyrights, database rights, and all other proprietary rights) are the exclusive property of Bit2Me. Furthermore, notwithstanding the foregoing, you acknowledge that the Market Data is the product of a substantial expenditure of labor, skill, and money by Bit2Me, 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. Upon request and at Bit2Me's expense, you agree that you will take all reasonable steps, such as executing 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 acknowledge that a breach of the applicable restrictions herein on the use of the Market Data would cause irreparable harm to Bit2Me, such that monetary damages alone would not be an adequate remedy. You and Bit2Me agree that, in the event of a breach, Bit2Me shall be entitled to equitable relief, including in the form of an injunction, and you hereby waive any requirement to secure or post any bond or to prove that actual monetary damages would not provide an adequate remedy in connection with seeking such relief.
Changes to Market Data and Suspension of Access. Bit2Me may occasionally, without prior notice and at 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 you with the Market Data and will not be liable if the Market Data is unavailable or changes for any reason.
Changes to the Terms. Bit2Me may modify these Terms from time to time at its discretion. It is your responsibility to monitor for updates to these Terms. Your continued use of the Market Data signifies your acceptance of such updates. If you do not agree, you may not continue to use the Market Data.
Disclaimer. To the maximum extent permitted by applicable law:
- The Market Data is provided "as is" and "as available," and Bit2Me disclaims all warranties, express, statutory, or implied (including, but not limited to, 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 warranties 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 at your sole risk, and Bit2Me will not be liable for any actions you take based on the Market Data.
Indemnification. To the maximum extent permitted by law, you must indemnify and hold harmless Bit2Me, its affiliates, and their respective directors, officers, employees, and agents ("Bit2Me Protected Parties") against all liabilities, costs, damages, and expenses arising out of or related to your use of the Market Data, including damages arising directly from your act or omission (including, but not limited to, breach of these Terms), as well as judgments, settlements, and expenses (including reasonable attorneys' fees and legal costs) arising from a threatened or actual lawsuit, 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 defense of any such Claim, at your cost and expense, 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 shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages of any kind, including loss of profits or business losses, related to the Market Data or these Terms, regardless of whether such damages arise from claims brought in contract, tort, negligence, warranty, strict liability, or any other legal or equitable theory, 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 shall the total liability of the Bit2Me Protected Parties arising out of or related to these Terms or your use of the Market Data exceed USD $1,000. If any of the limitations in this paragraph cannot be enforced as written in any case, such limitations will apply to the maximum extent permitted by applicable law.
Rules of Construction. The words "include," "including," "includes," or "inclusive" as used herein shall be deemed to be followed by the phrase "without limitation." The word "all" includes "any" and the word "any" includes "all." The words "herein" and "below" refer to all of the Terms. Unless the context expressly requires otherwise, the conjunction "or" shall be understood to mean "and/or." The section headings in these Terms are inserted for convenience only and do not form 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 with respect to 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; Class Action Waiver. If you have a dispute with Bit2Me, we will attempt to resolve any disputes through our support team. If we are unable to resolve the dispute through our support team, you and Bit2Me agree that any dispute arising out of this Agreement will be finally settled in binding, individual arbitration, in accordance with the laws of Alicante (Spain) and you and Bit2Me hereby expressly waive the right to a jury trial and the 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 a small claims court and
- to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's property rights, including copyrights, trademarks, trade secrets, database rights, patents, and the fruits of labor, skill, or money protected by common law principles of unfair competition. The arbitration shall be conducted by a single, neutral arbitrator and shall be held in the county or parish in which you reside, or another mutually agreed location, in the English language. The arbitrator may grant 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 the submission and determination of 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 filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs exceed what you would otherwise have to pay if you were in a court instead. We will also pay additional fees or costs if required by the rules of the arbitration administrator or applicable law. In addition to the foregoing, each party shall be responsible for other fees or costs, such as attorneys' fees that it may incur.
Legal Compliance. You must comply with all laws when using the Market Data and will reasonably cooperate with us to enable us to comply with applicable laws and any governmental, regulatory, or other investigation, audit, or proceeding related to the Market Data.
Assignment and Delegation. You may not assign or delegate any of your rights or obligations under these Terms to any person without the prior written consent of Bit2Me, 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 sale of assets. Subject to the foregoing, this Agreement will bind and inure to the benefit of you and Bit2Me, and your and Bit2Me's authorized successors and assigns.
Severability. In the event that any part of these Terms is deemed unenforceable, you and Bit2Me authorize a court of competent jurisdiction to make such modifications as are necessary to comply with existing law, in a manner that most closely approximates the original intent of Bit2Me and you as expressed in these terms.