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Terms of Service

0. Terminology

To make things simple, we’ll use the terms “API” to mean the OWLIN application programming interface; “Service” to mean the OWLIN API including its content and analytics that you have specifically purchased from OWLIN or to which you have expressly been provided access by OWLIN; “you” and its derivatives to mean you and your company; “we” or “us” and their derivatives to mean OWLIN, B.V.; “TOU” to mean these Terms of Use; and “application” means the application for which you use the Service.

1. User Consent to the TOU

You represent that you have read and agree to be bound by the TOU.

2. Authority to Agree to this TOU

You represent, warrant and covenant that:

  1. You have the power and authority to enter into this agreement; and
  2. You are at least eighteen (18) years old.

3. Intellectual Property

You acknowledge that the Service has been developed by OWLIN and constitutes valuable intellectual property of OWLIN. You agree to protect the proprietary rights of OWLIN and all others having rights in the API.

4. The Contract

When you enter into a contract with OWLIN, you agree to abide by the TOU. The TOU is the entire agreement between you and OWLIN regarding the Service and supersedes any prior communications and understandings, whether oral or in writing, concerning the subject matter of the TOU. From time to time we’ll be making adjustments to our TOU. You promise to abide by the new rules of road as soon as they are on the landing page of OWLIN. Changes to the TOU will become effective immediately, and your use of the Service is always subject to the latest version of the TOU.

5. License

OWLIN will provide you with access to the Service via a web service provided by OWLIN. How you access that web service is your responsibility, e.g., we do not take responsibility for network connectivity between your systems and our systems. Each OWLIN API account facilitates one application to access the Service – e.g., a software application can apply the Service by using an account, but not another software application. You may not redistribute or make copies of any part of the Service or use it except for your own internal purposes.

You agree that you will not reproduce, duplicate, copy, sell, trade or resell the API or content from the API for any purpose. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof. You may not assign (or grant a sub-license of) your rights to use the API, or otherwise transfer any part of your rights to use the API. You agree you will not publish any performance or benchmark test or analyses relating to the Service or the use thereof without our prior written consent.

OWLIN is constantly striving to make the Service better. We have discretion to make changes to the Service from time to time without prior notice to you.

You acquire absolutely no rights or licenses in or to the Service and materials (trade names, trademarks, service marks, logos, domain names, and other distinctive brand features) contained within the Service other than the limited right to utilize the Service in accordance with the TOU. You retain all rights to your application, excluding the API, and you also retain results from using the applications (e.g., you will obviously retain all rights to a trading application and its financial results). We encourage you to provide OWLIN with comments concerning the OWLIN data, analytics, or API.

6. Restrictions on Use

You may not use the service for any illegal purpose or in any manner inconsistent with the TOU. You may not recirculate, redistribute or publish the analysis and presentation included in the service without OWLIN’s prior written consent. Modification of the service’s content would be a violation of the copyrights and other proprietary rights of OWLIN or its subsidiaries.

You agree to comply with any other applicable terms and conditions of service set forth in the service.

7. Fees and Payments

As subscriber to the Service, OWLIN reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time OWLIN requires a fee for portions, OWLIN will require you to specifically agree with this additional fee. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by OWLIN. All fees and charges shall be billed to you, and you shall be solely responsible for their payment.

You acknowledge and agree that while OWLIN may not have set a fixed upper limit on the number of API transactions or allowed filters you may send or receive through the Service or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by OWLIN at any time, at OWLIN’s discretion.

8. Disclaimer and Limitation of liability

  1. You agree that your use of the service is at your sole risk and acknowledge that the service and anything contained within the service is provided “as is” and “as available,” and that OWLIN makes no warranty of any kind, express or implied, as to the service, including, but not limited to, merchantability, non-infringement, title, or fitness for a particular purpose or use.
  2. OWLIN does not warrant that the Service is compatible with your equipment or that the Service, or communication of OWLIN or its representative, is free mistakes. You agree that OWLIN has no responsibility or liability for:
    1. Any injury or damages, whether caused by the negligence of OWLIN or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against OWLIN by any other party; or
    2. Any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods, or advertisements that may be linked to the Service is not maintained or controlled by OWLIN. OWLIN is therefore not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to, or advertised on, the Service.

OWLIN does not:

  1. Make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service;
  2. Guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods, or advertisements that may be linked to the Service; or
  3. Make any endorsement, express or implied, of any other Web sites, services, goods, or advertisements that may be linked to the Service. OWLIN is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that OWLIN and/or third- party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOU.

You acknowledge that:

  1. The Service is provided for information purposes only and is not intended for trading purposes;
  2. The Service may include certain information taken from stock exchanges and other sources from around the world;
  3. OWLIN does not guarantee the sequence, accuracy, completeness, or timeliness of the Service;
  4. None of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by OWLIN to buy or sell any security, or to provide advice or services regarding the profitability or suitability of any security or investment;
  5. The information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation.

Under no circumstances will OWLIN be liable for any indirect, incidental, special or consequential damages with respect to the TOU, including lost profits, regardless whether such damages could have been foreseen or prevented by OWLIN or whether OWLIN is negligent. Also, OWLIN will not be liable for total damages under this TOU for any reason, regardless of the basis of the claim, in an amount exceeding the amount of fees paid by you for the Service in the year preceding the claim.

9. General

You accept that OWLIN has the right to change the content or technical specifications of any aspect of the Service at any time in OWLIN’s sole discretion. You further accept that such changes may result in your being unable to access the Service.

10. Termination

You may terminate the TOU, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service.You agree that, without notice, OWLIN may terminate the TOU, or suspend your access to the Service, with or without cause at any time and effective immediately. The TOU will terminate immediately without notice from OWLIN if you, in OWLIN’s sole discretion, fail to comply with any provision of the TOU.OWLIN shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TOU by you or OWLIN, you must discontinue your use of the Service.In the event you lose your access to the Service for any reason, including for non-payment of fees, you will lose any stored configurations and other data and settings associated with your account, and OWLIN will not be liable to you or any third party for such loss.

11. Governing Law

The TOU shall be governed and construed in accordance with the laws of the Netherlands, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the court located in Amsterdam in the Netherlands with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOU.

12. Headings

The section titles in the TOU are used solely for the convenience of you and OWLIN and have no legal or contractual significance.

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