NonFungible API Terms of Service
Latest Version: 31/1/22
Definitions2.1 "Application" or "App" means any software or mobile application, website, product or service that is developed, created or offered using our NonFungible API.2.2 "API Documentation" means the documentation, data and information that NonFungible provides regarding the use of our NonFungible API through our API Site.2.3 "API Site" means our API development site found at https://www.nonfungible.com/api/.2.4 "NonFungible API" means the Application Programming Interface ("API") made available to the public by our Company as well as the related API Documentation.2.5 "NonFungible Brand" means the "NONFUNGIBLE" brand name and other brandings, names, logos, slogans, services marks, trade marks and trade names belonging to NonFungible.2.6 "Data" means; (i) any data and content uploaded, posted, transmitted or otherwise made available by NonFungible on its website www.nonfungible.com or other associated sites/platforms/channels (including but not limited to information pertaining to the digital coins listed by NonFungible, market data on cryptocurrency, additional statistics, initial coin offerings data and coin searches); and (ii) where channels are made available by NonFungible for interactive acts by Users, any data, content, comments, profile information, and messages uploaded, posted, or transmitted by other Users via such aforesaid channels.2.7 "Service(s)" means NonFungible’s products and services including but not limited to the NonFungible API, its website www.nonfungible.com (the "Site"), and all software, applications, mobile applications, data, reports, text, images, messaging channels, message services, updates, content, newsletters, price alerts, merchandise, databases, forums, articles, guides, reports and other information made available by or on behalf of NonFungible through any of the foregoing. The "Service" does not include information, software application, mobile application, platform, website, or service that is provided by you or a third party (including Applications), whether or not NonFungible designates them as "official integrations".2.8 "Users" means any and all users of our NonFungible API, which includes you.
Grant of LicencePursuant, and subject to your agreement and acceptance , to all, but not less than all, of the provisions of this API Terms, NonFungible hereby grants you a limited, non-exclusive, non-assignable, non-transferable and irrevocable licence to use the NonFungible API to develop, test, and support any software application, mobile application, website, platform, service or product, as well as to integrate or incorporate the NonFungible API with your Application. The aforesaid licence granted to you is subject to the limitations set forth in Section 4 and Section 9 below, and you agree that violation of any part of this API Terms (including for greater certainty Section 4) will automatically terminate the license granted herein to you to use the NonFungible API.
Data Caching and Storage5.1 We do not encourage caching or storage of Data. However, if you must cache or store Data:5.1.1 You should refresh the cache at least every 24 hours;5.1.2 Strong encryption and other security measures should be applied to stored Data;5.1.3 When a User requests that you delete all User Data that you have collected from such User as a result of the User utilising our NonFungible API (where our NonFungible API has the functionality or channels for the collection of such User Data), you must promptly delete all such User Data unless required for legitimate legal or business purposes (such as following up with a continuing contract with such User).5.1.4 In the event that NonFungible terminates your access to or use of the NonFungible API (regardless of reasons), you agree to promptly and permanently delete all Data and any other information that you have stored pursuant to your use of or access to the NonFungible API, without keeping any copy thereof unless required by applicable law.5.2 Except as expressly permitted hereunder this API Terms, you are not allowed to duplicate, reproduce, copy, store, derive from or translate any Data, API Documentation, or any information expressed by the Data (including but not limited to hashed or transferred data).
Security Measures7.1 You undertake to implement stringent and robust security systems to protect your network, operating system, servers, databases, computers, user information, personal data, and other components that are part of, supporting or constituting your Products that are integrating, incorporating or howsoever using the NonFungible API ("your Systems''). In the event that any of your Systems are howsoever compromised (whether via hacking, unauthorised use or access or other security breaches), you must inform us immediately via email at [email protected], and we shall determine in our sole discretion whether to terminate your access to and/or use of our NonFungible API, as such security breaches may have adverse effect to our reputation (as assessed in our sole discretion and we are not obligated to provide reasons for our decision). In the event that we terminate your access to or use of our NonFungible API, you shall comply immediately with the clauses thereunder Section 9.
Ownership8.1 All assets, rights, title and interest in and to our NonFungible Brand, our API Documentation, NonFungible API, and our other Property (including but not limited to intellectual property rights) belong fully to NonFungible. You are only provided with a limited licence to use as set out herein this API Terms, and no other rights, title, interest, ownership or property of any kind is passed to you by virtue of your use of our Property For the avoidance of doubt, any inventions that you may create incorporating our NonFungible API does not transfer any right of ownership or interest in our NonFungible API to you although you may be deemed by applicable law to be the owner of such inventions (which shall be exclusive of the NonFungible API). In addition, you agree to perform such acts and execute such documents (without compensation) as NonFungible may from time to time request of you in order to perfect NonFungible’s rights to our Property.
Termination9.1 This API Terms take effect on the date that you agree to them or access or use the NonFungible API, whichever is the earliest, and will subsist until terminated by NonFungible or you pursuant to the provisions of this API Terms.9.2 You may terminate your being bound by this API Terms by discontinuing your access to and/or use of our NonFungible API, and emailing us at [email protected]9.3 We may at any time vary, amend, change, suspend or discontinue provision of any of our Property, including but not limited to the NonFungible API, suspend or terminate your use of the NonFungible API and/or the NonFungible Brand without notice or reasons to you. Without prejudice to the aforegoing, we may also in our discretion restrict your access to or use of our NonFungible API if in our sole discretion, we determine that your access to or use of our NonFungible API may howsoever negatively impact on our Products or Services.9.4 Upon termination of this API Terms:-9.4.1 All rights and licences granted to you hereunder will cease and terminate immediately;9.4.2 You undertake to promptly destroy the API Documentation, Data and any other information procured from NonFungible or any of our Property that may be in your possession or control; and9.4.3 Except where we specifically grant our prior consent in writing, or unless otherwise stated in this API Terms, you undertake to promptly and permanently delete all Data and other information procured from or relating to NonFungible and any of our Property that you have stored in relation to your access to or use of the NonFungible API. You agree to certify in writing the aforesaid destruction of stored Data and information should NonFungible request such certification from you.9.5 All provisions hereunder this API Terms that must by their nature survive the termination of this API Terms in order to give effect to their intention shall survive the termination of this API Terms, including but not limited to clauses 5.1.3, 5.1.4, 5.2 and the clauses thereunder Sections 6, 8, 9, 10 and 11.
Governing Law and Jurisdiction12.1 This API Terms and any claim, cause of action or dispute arising out of or related to this API Terms shall be governed by the laws of the province of Nova Scotia and the federal laws of Canada applicable therein, regardless of any conflict of laws theory. Accordingly, you agree to submit to the exclusive jurisdiction of the Courts of the Province of Nova Scotia. Notwithstanding the aforegoing, you agree that NonFungible shall be fully entitled to apply for equitable relief or injunctive remedies against you in any jurisdiction.