Effective day 17 January 2019
Coinvenue ("Service") is a market data service developed and distributed by Coinvenue LLC ("Provider"). The Service is provided without warranty on an "as is" and "as available" basis. Any part of the Service may be changed or removed at any time without warning.
By using or accessing the Service, you signify that you have read and agreed to this Terms of Service document. Please read carefully the following terms and conditions (“Agreement”). This Agreement governs your access to and use of the Services and Data and constitutes a binding legal agreement between you (referred to herein as “You” or “Customer”) and the Provider.
The “Services” consist of software programs and interfaces running on computers hosted at the Provider sites. “Data” means market data that is (i) owned or not owned by the Provider or (ii) obtained by the Provider from other sources delivered to the Customer via the Services and as described in this Agreement and on the Provider website.
The Provider reserves the right to modify, discontinue or terminate the Services or Data or to modify this Agreement at any time and without prior notice. If the Provider modifies this Agreement, the Provider will send you the notice of the modification. By continuing to access or use Services and Data after notice of a modification, you are indicating that you accept the Agreement modifications. If you cannot accept the modified Agreement - you should stop using the Services and Data.
The Service can be accessed and used anonymously, being logged into as a Guest (Free Account). Accessing the Services when logged into an Account (Registered Account) allows one to see a customized view of the market, which enables an integrated trading and shows users personal trading data. Using the Services and Data under the Registered Account is paid service with a fixed monthly fee described in Subscription Plan published on https://coinvenue.io/pricing
To create a Registered Account you have to go through a registration process, where you will be required to provide certain information and create a password. You agree to provide accurate, current and complete information during the registration process and to update such information as changes occur to keep it accurate, current and complete. The Provider reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for creating the strong password and keeping it safe. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify the Provider of any unauthorized use of your Account.
Upon creating a Registered Account, the Customer selects and agrees to purchase a Subscription Plan for continued use of the Services and Data. Customer has 30 days trial period after Registered Account created before the first Billing Date.
Terms. This Agreement will commence when you access and use the Services and Data under Free Account or click “I accept” or “I agree” for the Registered Account. Thereafter, in case of the Registered Account - Services are billed for in advance on a monthly basis or other period according to Subscription Plan and the Billing Date.
Either party may terminate this Agreement at any time by delivering electronic notice of termination before the next Billing Date. Notwithstanding the foregoing, either party may terminate this Agreement at any time in the event that the other party breaches any material term of this Agreement. Customer can terminate this agreement at any time by cancelling Registered Account subscription. The subscription will be cancelled at next Billing Date and access to Registered Account will be limited.
The Customer will pay to the Provider the subscription fees in connection with the Subscription Plan. On the Billing Date the Provider will charge the payment method you provide and the amount of the Subscription Fee. Subscription Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). The Customer shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Provider’s net income.
In case charging the Customer payment method on the Billing Date was unsuccessful, the Registered Account subscription will be cancelled immediately and access to Registered Account will be limited.
The Provider has a right to change Subscription Fee for Registered Account or to add new Subscription Plans. In this case all Customers will be notified 10 days before such changes. Customers with active subscriptions will not be affected by Subscription Fee changes until this subscription expired.
Subscription Fees paid are non-refundable. Customer has 30 days trial period.
The Provider has all rights to redistribute Data and grants to the Customer a limited, non-exclusive, non-transferable, license to access and use Data solely for its business purposes. This Agreement governs the Customer’s access to and use of Data. The Customer acknowledges and agrees that he has no rights to access and use Data in other cases not described in this Agreement. Some Third Party Data may be subject to restrictions of use and require additional license agreements with the Data Owner. The Customer is solely responsible for obtaining all required license agreements with each Data Owner pursuant to the Customer’s use of such Third Party Data. If the Customer does not obtain a required license agreement for any portion of the Third Party Data and as such is in violation of the Data Owner’s licensing requirements, the Provider may terminate access to the unlicensed portion of Third Party Data until the Customer obtains such license agreements with the Data Owner.
We guarantee our Service to have a 99% availability on a monthly basis to the Customers who are logged into a Registered Account. Availability is defined by Data stream server being functional and accessible at the URL of the Services. The Customer acknowledges that the use of the Services dependents upon access to telecommunications and Internet services. The Provider has no responsibility for any interruptions in Services and Data related to such access.
We do our best to ensure that our software is secure, however we cannot guarantee that unauthorized third parties will never be able to defeat our security measures. By creating a Registered Account you are providing any personal information at your own risk and you agree to relieve the Provider from any and all liability arising in the event that your personal information on our system is accessed by unauthorized third parties.
The Customer acknowledges and agrees that the Provider will provide to the Customer enhancements or modifications (“Updates”) to the Services and Data as they become available. Modifications of Data includes but not limited to add/remove financial instruments and exchanges.
THE PROVIDER DOES NOT PROVIDE WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF DATA, AND/OR SERVICES.
THE PROVIDER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR ANY DAMAGES RESULTING FROM ANY INTERRUPTION OR DISRUPTION IN SERVICES OR DATA, UNAVAILABILITY OR INOPERABILITY OF SERVICES, TECHNICAL MALFUNCTION, LOST DATA, OR LOST PROFITS.
This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Delaware, USA. The parties expressively agree to use the venue in the state and federal courts located in Delaware and waive any objection based on personal jurisdiction.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision to the extent of its invalidity or unenforceability.
This Agreement will constitute the entire agreement between the parties in relation to the subject matter of this Agreement, and supersedes all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
The parties may give notice to each other via email or certified mail. Notices sent to the Provider should be directed to email@example.com. The Customer will receive notice at the email address provided during registration.