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
You represent that you have read and agree to be bound by the TOU.
You represent, warrant and covenant that:
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.
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.
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.
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.
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
OWLIN does not:
You acknowledge that:
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.
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.
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.
The section titles in the TOU are used solely for the convenience of you and OWLIN and have no legal or contractual significance.
We will contact you to make sure you see a live demo.