API Terms of Service of FoPay.io

General

 

Thank you for visiting https://www.fopay.io/ (“Site“, “Platform“). The Site is owned and operated by “FOINS BLOCKCHAIN” LIMITED LIABILITY COMPANY, duly incorporated and existing under the laws of Ukraine, identification code of the legal entity: 42019553, with the registered office at: Ukraine 01601, City of Kyiv, Pecherskyy District, Mechnykova Street, Building 2, Letter A, and its affiliates, (together “FoPay“, “we“, “our“, or “us“).

 

The following API Terms of Service (“API Terms of Service”), including the related documentation (“API Documentation”) supplements and is a part of our Terms of Service (which can be found at ) (“Terms of Service“), Privacy Policy (“Privacy Policy“), Cookies Policy (“Cookies Policy”), AML and KYC Compliance Policy Declarations (“AML and KYC Policy”), and the Anti-Spam Policy   (“Anti-Spam Policy”) as well as any other policies published on the Site that are incorporated by reference hereto, governs your access to and use of our programming interface (“FoPay API”), which constitutes our property and is designed to facilitate and enhance your access to and use of our Services (as defined in our Privacy Policy). Definitions that are not capitalized herein have the meaning set out in our Terms of Service and Privacy Policy.

 

BY AGREEING TO API TERMS OF SERVICE, YOU ENTER INTO A LEGALLY BINDING CONTRACT BETWEEN YOU AND FOPAY. PLEASE READ CAREFULLY BEFORE PROCEEDING WITH USING THIS SITE. PLEASE BE ADVISED THAT WE RESERVE THE RIGHT TO CHANGE API TERMS OF SERVICE FROM TIME TO TIME WITHOUT PRIOR NOTICE. YOU SHOULD REVIEW API TERMS OF SERVICES REGULARLY. IF YOU DISAGREE WITH THE MODIFICATIONS TO THE API TERMS OF SERVICE, YOU SHOULD STOP USING THE SITE IMMEDIATELY. BY CONTINUING TO USE THE SITE, YOU AGREE TO THE MODIFICATIONS AUTOMATICALLY.

 

  1. Definitions

1.1. Application: any software application, website, or product you create or service you offer using FoPay API.

1.2. API Documentation: any documentation and other related information provided by FoPay regarding the use of FoPay API through Developer Site.

1.3. Data: any data uploaded, posted, transferred or otherwise made available by Users via the Services.

1.4. Developer Site: FoPay’s Developer Site, which can be found at [▪].

1.5. FoPay API: FoPay’s Application Programming Interface and API Documentation.

1.6. FoPay Brand: FoPay’s brand and brand identity, including but not limited to logos, trade names, and trademarks.

 

  1. Scope of use
    • You are granted a limited, revocable, non-exclusive, non-assignable, non-transferable, royalty-free license to use FoPay API to develop, test, and support Application, as well as to integrate FoPay API with your Application. The scope of use of FoPay API is limited to the restrictions set forth in para. 2 herein, and the violation of such restriction will automatically result in the termination of your use of FoPay API.
    • You may start using FoPay API after setting up the Account on the Site. Please be advised that certain functionality and features available through FoPay API is only available through API authentication keys (“API Keys”). API Keys shall constitute confidential information granted to you by FoPay and shall not be shared with third parties without prior written consent of FoPay. Your access to API Keys may be revoked at any time at the sole discretion of FoPay.
    • Your use of FoPay API should be in accordance with our Terms of Service and Privacy Policy, as well as API Documentation.
    • We may grant you access to the use of our Open Source Libraries (“FoPay Open Source Libraries”) to enhance the work of your Application. Access to FoPay Open Source Libraries is governed by our open source licenses. You should review such licenses carefully before using FoPay Open Source Libraries.
    • We retain our right to suspend or revoke you access to FoPay API at any time at our own discretion. The reasons for suspension and revocation include, but shall not be limited to (a) violation of Terms of Services, Privacy Policy, API Terms of Service and/or API Documentation by you, (b) scheduled maintenance, (c) emergency reasons, (d) if your Account remains unpaid for more than 60 (sixty) days. We also retain our right to limit the number of API calls your Application makes to FoPay API (”API Calls”) at any time at our own discretion.
    • YOU ARE PROHIBITED FROM ANY OR ALL OF THE FOLLOWING ACTIONS CONDUCTED BY YOU PERSONALLY OR THROUGH ANY THIRD PARTY, AND YOU SHOULD NOT ENABLE ANY THIRD PARTY TO CONDUCT THE FOLLOWING ACTIONS WITHOUT PRIOR WRITTEN CONSENT OF FOPAY:
  • develop a misleading, fraudulent, defamatory, libelious, harassing, damaging and/or threatening Application, or Application that contains viruses or any other malware that may damage or unlawfully penetrate systems or data, and/or make them vulnerable;
  • use FoPay API to infringe or in any way violate FoPay’s and/or any third party’s intellectual property rights;
  • re-export, distribute, sell, license, sublicense, barter, disclose, lease, rent, allow access to, assign, share, reproduce FoPay API to any third party, regardless of whether all or any of the above-mentioned actions have been conducted for you profit or not for your profit without prior written consent of FoPay;
  • decompile, dismantle, decrypt, translate, adapt, disassemble, modify or reverse engineer FoPay API with intent to claim ownership rights to FoPay API or create the impression that FoPay was created by you and/or any third party other than FoPay;
  • disable and/or circumvent any protection mechanism related to FoPay API, including but not limited to removing or disguising notices confirming ownership rights of FoPay to FoPay Brand, such as labels, trademarks and other related notices;
  • install and use FoPay API for unlawful purposes, including but not limited to for promotion of gamling, tobacco or alcohol profucts to persons under 21 years of age, for pornographic, immoral, indecent, offensive, and other unlawful purposes;
  • use FoPay API for the purpose of competing with the business of FoPay or provide rival companies of FoPay with confidential information of FoPay.
    • You may not use FoPay API for any purpose other than for the operation of your Application.
    • We reserve our right to monitor your use of FoPay API from time to time. You hereby agree that you will not interfere or block such monitoring, and will provide us with a full-feature client account-level instance to access your Application, and other materials related to your use of FoPay API as reasonably requested by us to verify your compliance with API Terms of Service.

 

  1. Use of data
    • You hereby agree to grant us a worldwide, irrevocable, transferable, exclusive, royalty-fee, fully paid-up, and sublicensable license during your use of FoPay API to access, process, store, and use the data that (a) you load or in any way transmit to FoPay API (“Transmitted Data”), or (b) that we collect from you based on your usage of FoPay API to (a) enhance our Services and your use of our Site, and (b) produce data that is not related to you or any other third party (“Aggregated Statistical Information”).
    • During your use of FoPay API you may be granted access to data available via the use of Services (“FoPay Data”). You are prohibited from using FoPay Data for any illegal purposes and transfer it to third parties without prior written consent of FoPay. You hereby agree that FoPay Data should be treated as confidential information and provided with due and safe treatment, including its safe and lawful processing and storage. You also agree to immediately delete all FoPay Data (a) if required by FoPay and/or a user of your Application (“Application User”), or (b) if your Application is deactivated, or (c) if your Account is deactivated, or (d) if your access to FoPay API, FoPay Data and/or Site is revoked or suspended, or (e) if you no longer need FoPay Data for the operation of your Application, or (f) if Application User terminates its use of your Application.
    • You may store FoPay Data for future use (“Cache”) as long as you Account is active. You shall refresh Cache every 24 (twenty-four) hours. All Cache should be treated with due safety and confidentiality, and should be properly encrypted.
    • You hereby grant us the right to use your branding identity, including your name and logo on our Site for marketing and promotional purposes, as well as in other private or public communication with third parties in accordance with your standard trademark usage guidelines.

 

  1. API Calls
    • You hereby agree that the number of API Calls is limited to maximum 1 (one) call every 1 (one) minute.
    • Every API call, that queries data for more than 2 (two) days, is limited to 24 (twenty-four) API Calls per day per applicationand to 120 (one hundred and twenty) API Calls per day per Account.

 

  1. Ownership
    • All rights, titles and interest related to FoPay API, API Documentation, FoPay Data and Aggregated Statistical Information are and shall remain the property of FoPay, and are protected by copyright and other intellectual property laws.
    • All rights granted to you by API Terms of Service are licensed to you, not sold, and are non-transferable.
    • All rights not expressly granted to you by API Terms of Service are reserved by FoPay.

 

  1. Warranties and Indemnities
    • You hereby warrant that you have obtained all necessary consents and permissions of all third parties to Transmitted Data.
    • You hereby acknowledge you full responsibility for the appropriate use of FoPay API.
    • You hereby acknowledge that you use FoPay API at your own risk, and that you use Transmitted Data at your own discretion and risk.
    • Services are provided on “As is” and “As available” basis. We expressly disclaim all warranties related to merchantability, non-infringement, fitness for a particular purpose and representation of warranty of any kind related to reliability and accuracy of FoPay API.
    • We do not warrant that the operation of FoPay API will be uninterrupted, error-free and free from defects, as well as meet all your expectations.
    • We shall not be held liable for any personal injury or any accidental, special, direct or indirect, punitive, consequential, exemplary or multiple damages that may arise out of the use of FoPay API. We are not responsible for any loss, failure to transfer or receive any or all of Transmitted Data, corruption, business interruption, loss of revenue or profits, or any commercial damages or losses regardless of how they were caused and the theory of liability, regardless of whether you have been notified of such possibility or not.
    • No advice or information, written or verbal, provided to you by us shall be construed as any warranty, unless expressly stated herein.
    • You hereby agree that FoPay may seek immediate injunctive relief in case if you violated any or all terms and conditions of API Terms of Use.
    • You hereby agree that you will hold harmless and indemnify FoPay from and against any third-party claim arising out or in relation with your use of the Services, FoPay API, FoPay Data, violation of API Terms of Service or API Documentation. This includes any liability or expense with regards to claims, losses, suits, damages, attorney’s fees, judgements and litigation cost.
    • Certain warranties and indemnities may not be applicable to you if not allowed in certain countries and jurisdictions.

 

  1. Termination
    • You may terminate API Terms of Service at any time by logging out of your Account and disabling your API Keys.
    • We reserve our right to terminate API Terms of Use at any time in accordance with para. 2.5. hereof.
    • All rights granted to you under API Terms of Service shall be terminated immediately and automatically upon termination of API Terms of Service.

 

  1. General
    • In case if there is any conflict between the terms and conditions of the Terms of Service and API Terms of Service, the Terms of Service shall prevail.
    • API Terms of Service constitutes an entire contract between you and us and shall supersede all prior written and verbal contracts and communications that exist with regards to FoPay API.
    • API Terms of Service shall not create or imply any partnership, agency or joint venture between you and us.
    • API Terms of Service is drafted in English, and the English version text shall prevail in the event if there is a conflict with any translated version.
    • If any provision of API Terms of Service is found to be unlawful, void or unenforceable, it should be modified to the maximum extent to reflect the content of the provision. Otherwise, it shall be severed, and the remaining provisions shall remain in full force.
    • API Terms of Service shall be governed and construed in accordance with the laws of England and Wales (“Applicable Law”).
    • Any dispute, controversy, difference or claim arising out of or relating to API Terms of Service, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be England and Wales. The seat of arbitration shall beHong Kong. The number of arbitrators shall be 1 (one), who shall be appointed by HKIAC. The arbitration proceedings shall be conducted in English language.
    • There are no third-party beneficiaries to API Terms of Service
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