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API_Terms_of_Use.md

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Cardano Registry API Terms of Use

Preamble

  • The Cardano Stiftung is a Swiss non-profit foundation, domiciled at Dammstrasse 16, 6300 Zug, Switzerland (the “Foundation” or “we”). The Foundation owns, operates and makes available the “Cardano Registry”, an online utility that allows the public to access information on identifiers used in the Cardano network, which is governed by the “Cardano Registry’s Terms of Use” as available under Terms of Use for Cardano Registry. The Cardano Registry may be accessed through an API providing read-only access to fetch information from the Cardano Registry (the “API”).

  • You (the “User”) want to use the API to access and retrieve information from the Cardano Registry.

  • These API Terms of Use (the “Terms”) set out the terms under which the User may access and use the API. Please read these Terms carefully, as they constitute a legally binding agreement between the User and the Foundation.

Scope and Applicability

  • By using or accessing the API, the User agrees to comply with and be bound by these Terms and the provisions herein without reservations.

  • The User may not use the APIs and may not accept the Terms if the User is not of legal age to form a binding contract with the Foundation.

  • The use of the API is free of charge. It is the User’s responsibility to make any and all arrangements necessary in order to use the API.

  • If the User is using the APIs on behalf of an entity, the User represents and warrants that she or he has authority to bind that entity to these Terms and by accepting these Terms, the User is doing so on behalf of that entity (and all references to the User in these Terms refer to that entity).

Use of the API

Subject to these Terms and the following conditions, the API may be used for personal and/or commercial purposes without restriction:

  • The use must be in compliance with these Terms and the Cardano Registry’s Terms of Use;

  • the User must comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws);

  • the User must only access (or attempt to access) the API by the means described in the documentation of the API;

  • the User must not use the APIs to encourage or promote illegal activity or violation of third party rights;

  • the User must not access the API in any manner that (1) compromises, breaks or circumvents any technical processes or security measures associated with the API, (2) poses a security vulnerability to the Foundation, other users of the API or other third-parties, or (3) test the vulnerability of the API or its underlying systems or networks;

  • attempt to use the API in a manner that exceeds limits, or constitutes excessive or abusive usage;

  • if the User offers the application using the API for use by third parties (“End Users”), the User must maintain a service agreement and privacy policy applicable to the relationship between the User and the End User, whereas these agreements must be in accordance and in full compliance of the applicable laws and regulations and must include the Cardano Registry’s Terms of Use by reference;

  • the owner of trade names, trademarks, service marks, product names or otherwise protected or proprietary names or content included in the information contained in the Cardano Registry has given prior permission to the intended use;

  • all copyright, patent, trademark, and attribution notices contained in the information of the Cardano Registry must be retained.

API License

  • Subject to these Terms, the Foundation grants to the User a limited non-exclusive, non-transferable, non-sublicensable, non-assignable, worldwide, and revocable license to use and access the API and respective documentation to the extent necessary for the User to develop, test, and support the integration of the User’s application (the “License”).

  • The License to use the Cardano Registry’s API is conditional on the User’s compliance with these Terms and the Cardano Registry’s Terms of Use; any violation of either of these terms will automatically terminate the License.

  • Some of the software included in the API is offered under an open source license. An open source software license constitutes a separate written agreement. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement for the applicable open source software.

API Restrictions and Limitations

  • The Foundation sets and enforces limits on the User’s use of the API (e.g. limiting the number of API requests that may be made or the number of End Users the User may serve), in its own sole discretion.

  • The User agrees to, and will not attempt to circumvent, such limitations for the use of the API.

  • The information made accessible through the API is subject to Cardano Registry’s Terms of Use and subject to the Foundation’s sole discretion as stated therein. If deemed necessary by the Foundation, the information made accessible through the API may be restricted, limited, or filtered (e.g. to ensure compliance with applicable law, regulation, or other terms).

Changes to the API

  • The Foundation reserves the right to make changes or updates to the API at any time without further notice at its own sole discretion.

  • The User acknowledges that changes or updates to the API may require the User to make modifications to the application using the API in order to ensure continuous proper functioning. Such modifications are at the User’s sole cost and expense.

Intellectual Property Provisions

  • The entirety of the API and the Cardano Registry, including its structure, documentation and otherwise accessible content, is protected by copyright, trademark, or other applicable intellectual property rights. Other than explicitly stated in these Terms, all such intellectual property rights are and remain the sole and exclusive property of the Foundation.

  • Other than explicitly stated in these Terms, the API, the Cardano Registry and the information contained in the Cardano Registry must not be reproduced, copied, distributed, sold or rented, sublicensed, stored, or in any other manner re-used without the prior explicit written consent of the Foundation.

  • The Foundation does not acquire ownership in the User’s application, and by using and accessing the API, the User does not acquire ownership of any rights in the API, any of its documentation, or the information that is accessed through the API.

  • If the User provides feedback or suggestions about the API, then the Foundation may use such information without obligation to the User.

  • In the course of promoting, marketing, or demonstrating the API, the Foundation may use the User’s company or product name. The User grants to the Foundation all necessary rights for these purposes.

Security and Audit

  • The User agrees that the Foundation may monitor the use of the API to ensure quality, improve its products and services, and verify the User’s compliance with these Terms.

  • The Foundation reserves the right to audit, or to appoint an independent auditor under appropriate non-disclosure conditions to audit User’s application, systems and records to confirm the User’s compliance with these Terms.

  • The User agrees to cooperate with inquiries related to such an audit and provide the Foundation with proof that the application complies with these Terms.

  • The User must use commercially reasonable efforts to protect third party information accessed through the API from unauthorized access or use and must promptly report any unauthorized access or use of such information to the extent required by applicable laws and regulations.

Privacy and Data Protection

  • The Foundation’s general Privacy Policy, as applicable under https://cardanofoundation.org/en/privacy, fully applies to the use of the Cardano Registry and, by reference, is an integral part of these Terms.

  • These Terms provide the explicit contractual consent from the User to store and process the User’s personal data to the extent necessary for the use of the API according to these Terms and the Foundation’s general Privacy Policy.

  • For all Privacy matters, please contact the Foundation’s data protection officer under gdpr@cardanofoundation.org.

Disclaimer and Liability

  • The use of the API is at the User’s own risk. The API is provided "as is" and "as available", without any representation, warranty, or guarantee of any kind.

  • The Foundation may decide to interrupt the availability of, or add or remove features from the API at any time without notice and at its own sole discretion. The Foundation does not make any representations, warranties, or guarantees, whether express or implied, regarding the availability of the API or its documentation.

  • To the extent permissible by applicable law, the Foundation further excludes all representations, warranties, and guarantees, whether express or implied, that may apply to the API or its documentation.

  • To the extent permissible by applicable law, the Foundation does not accept any liability for loss or damages, whether foreseeable or otherwise and whether direct or indirect, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of or inability to use of or reliance upon the API or its documentation.

  • The Foundation does not accept any liability for any loss or damage arising out of the information accessible through the API, including but not limited to false information, infringement of third-party rights such as copyrights, trademarks, patents or otherwise protected intellectual property rights, personal rights.

  • The Foundation does not accept any liability for any loss or damage arising out of any disruption or non-availability of the API or its documentation resulting from external causes, including but not limited to equipment failure of an internet service provider, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

  • The Foundation does not accept any liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect the User’s hardware, software, data or other material that occurs as a result of the User’s use of the API or its documentation.

  • The Foundation does not accept any liability for any loss or damage resulting from the Foundation restricting, limiting, or filtering information accessible through the API at any time without notice and at its own sole discretion.

  • The limitations under this “Disclaimer and Liability” section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law.

  • The provisions of this “Disclaimer and Liability” section allocate the risks under these Terms between the User and the Foundation and both parties have relied on these limitations in determining whether to enter into this legally binding agreement.

Termination

  • The User may terminate the agreement under these Terms by discontinuing use of the API.

  • The Foundation may terminate or suspend the agreement under these Terms at any time without prior notice and at the Foundation’s own sole discretion without any obligation towards the User.

  • Upon termination, all rights and licenses granted to the User under these Terms will terminate immediately.

  • Upon termination, the User must promptly destroy copies of any documentation and any other proprietary information in the User’s possession or control that was received under the agreement under these Terms.

General Provisions

  • Nothing contained in these Terms shall be deemed to constitute a partnership, joint venture or employment for any purpose.

  • Nothing in these Terms is intended to create, nor shall it be construed as creating, any exclusive arrangement between the User and the Foundation. These Terms shall restrict neither the User nor the Foundation from entering into similar arrangements with others, provided it does not breach the obligations under these Terms by doing so.

  • The Foundation may, in its sole discretion, revise these Terms at any time without notice. Continued use of the Cardano Registry following any modification of these Terms will constitute the User’s acceptance of these Terms in its modified version.

  • In the event of any conflict between the current version of these Terms and any previous version(s), the Terms in its current version and in effect shall prevail.

  • If one of the provisions of these Terms is or becomes ineffective or invalid, the validity of the remaining provisions shall remain unaffected. In the event of ineffectiveness or invalidity of a provision, this provision shall be replaced by a new provision that comes closest to the purpose of the ineffective provision.

  • In the event of any conflict between these Terms and the Cardano Registry’s Terms of Use, the provisions of the Cardano Registry’s Terms of Use shall prevail.

Applicable Law and Place of Jurisdiction

  • These Terms shall be governed by and construed in accordance with the laws of Switzerland, whereas Swiss Private International Law and international treaties, in particular the Vienna Convention on the International Sale of Goods dated 11 April 1980, are explicitly excluded.

  • The exclusive place of jurisdiction for any and all disputes under or in connection with these Terms and any legal relationships derived from these Terms shall be subject to the jurisdiction of the competent courts at the domicile of the Foundation.