Please read these API Terms carefully before using the API. By using the API, you agree to be bound by these API Terms. If you do not agree to these API Terms you must not use our API for any purpose whatsoever.
These API Terms are part of the Terms of our Site, and any terms found in this Agreement that have been defined in the Terms, shall take the meaning given to such terms therein, unless defined in these API Terms.
In these API Terms“API Licensor” means us; and “API Licensee” means you .
Our application programming interface (“API” can be accessed at https://xmr.to/api, and includes any documents (electronic or otherwise) that come with the API. Our API is intended to be used as an interface between: (a) the Site and the service available on the Site; and (b) the applications or services provided by you through your website or platform (each and collectively the “Application”, as applicable).
As part of use of the API, you may access or otherwise use on our Site certain data(“API Data”).
The main things that we care about are that our Site and the rights of our end users are protected.
These API Terms set out our and your respective rights and obligations relating to use of our APIs to interface between our Site and your Application and use of the API Data.
If these API Terms do not specifically say that you can do something in connection with the API, the API Data or the Site, then you cannot.
You must not use the API to send spam or to interfere with or degrade our services in any way.
You must also not use the API for any unlawful purpose or activity whatsoever, including fraud or terrorism, or to promote any unlawful act, or in any way which:
You must also not:
We grant you a non-exclusive, revocable and non-transferable licence, without a right to sublicense to end users, to use the API to enable Transactions and subject to the restrictions on use in these API Terms.
We also grant you a non-exclusive, revocable, and non-transferable licence without a right to sublicense to end users, to use the API Data to enable Transactions
This means that:
Except for your right to use the API, Site and API Data as specifically granted in these API Terms, all intellectual property rights in and to the API, Site and API Data are ours and remain ours (or our licensors’).
If you acquire any intellectual property rights (eg, copyright, trade marks, service marks, patents, database rights, know-how, design rights, domain names, know-how and rights in software (registered or not)) in the API, or the Site, you shall transfer these rights (both existing and future) with full title guarantee to us or anyone else we nominate (or you will make this happen immediately). You shall sign all documentation and do such things as we think necessary to transfer those rights.
You accept and understand that the API contains confidential and proprietary information and you shall not conceal, modify, remove, destroy or alter in any way any of our proprietary markings on or in the API or any related materials and documentation.
You shall at all times:
for the purposes of the above ‘data subject’, ‘personal data’ and ‘processing’ (and related expressions) shall have the meanings given in the General Data Protection Regulation, Regulation (EU) 2016/679.
Nothing in these API Terms is intended to limit or exclude either our or your responsibilities or liabilities under applicable data protection laws.
We have the right at any time to access your API account and to monitor your use of your API account to ensure you are complying with these API Terms.
All trade marks, logos and service marks (the “Marks”) which appear on the Site or API are our registered and unregistered Marks or are licensed for use by us by the owners of those Marks.
Other Marks are proprietary marks and are registered to their respective owners.
Nothing contained on the Site or API should be construed as granting any licence or right to use any Marks displayed on the Site or API without our written permission.
Misuse of any Mark displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited.
You shall keep our confidential information confidential. This includes all information (of any kind and in any format and coming into your knowledge, possession or control in any way) relating to our business, finance or technology, know-how, intellectual property rights, assets, strategy, products and other customers, where the information is identified as confidential at the time of disclosure or ought reasonably to be considered confidential given its nature or how it was disclosed (“Confidential Information”).
You shall only use our Confidential Information to use, and undertake development work with, the API, and will give us notice of any unauthorised misuse, disclosure, theft or loss of our Confidential Information immediately upon becoming aware of this.
You shall not without our prior written consent use, disclose, copy or modify Our Confidential Information (or permit others to do so) other than as is strictly necessary for you to be able to do what you are permitted and/or required to do under these API Terms.
You may disclose our Confidential Information to your officers, employees, agents, professional advisers and contractors (and permit them to use, copy or modify our Confidential Information) as is strictly necessary for you to be able to do what you are permitted and/or required to do under these API Terms. Where disclosure to your officers, employees, agents, professional advisers and contractors is necessary, you shall ensure such persons are made aware of and agree in writing to observe these same confidentiality obligations and at all times comply with them.
You may disclose our Confidential Information as required by law. In the event that you become legally compelled to disclose any of the Confidential Information, then (to the extent permitted by law) you shall give us prompt written notice of the fact so that we may take such steps to prevent such disclosure as we deem appropriate and you shall co-operate with us in such manner as we may reasonably require.
You promise that:
To the maximum extent permitted by applicable law, you accept that the API is provided on an ‘AS IS’ basis and that:
We do not promise that the API shall be:
Any promises that we make (and we are not saying that we are, unless we have to by applicable law) depend on you using the API in compliance with these API Terms, and we shall not be liable, nor be required to fix, any problem arising from:
Subject to what it specifically says in these API Terms and to the maximum extent permitted by applicable law, we and our suppliers:
Given that we are allowing you access to the API free of charge, the maximum possible amount that we can ever be liable to you in any circumstances for any losses or claims arising under or in connection with these API Terms is €30 in the aggregate; and we shall not be liable to you for any loss of profits, business, contracts, anticipated savings, goodwill, or revenue, any wasted expenditure, or any loss or corruption of data (regardless of whether any of these are direct, indirect or consequential), or any indirect or consequential loss or damage whatsoever, arising under or in connection with the API , even if we were aware of the possibility that such loss or damage might be incurred by you or the end users of your Application, except that we do not exclude or limit any liability to the extent the same cannot be excluded or limited by law (such as fraud, fraudulent misrepresentation, or personal injury resulting from our or our employees’ negligence or wilful default).
Other than as expressly stated, the limitations and exclusions of liability above apply to all losses, damages, liabilities and claims howsoever arising, including in negligence or otherwise, including without limitation where suffered by you and/or your end users of your Application, for the avoidance of doubt.
You agree to indemnify us against all losses or damage we may suffer related to:
This means that, in these particular circumstances, You will fully reimburse us for any losses on a ‘£’ for ‘£’ basis, without us having to take steps to avoid or minimise our loss or to prove this is direct or foreseeable.
If you breach these API Terms, your rights to use the API and the API Data will automatically terminate, and we can shut down or restrict your access to the API, the API Data and/or your API integration.
Otherwise, the licences granted by us under these API Terms will continue until we terminate your use (which we may do at any time for any reason and without notice).
In the event that any of the licences granted by us under these API Terms terminate for any reason you shall promptly permanently delete and destroy all copies of the API and/or API Data in your possession or control.
Your obligations relating to the API, API Data, data protection, security and confidentiality and the indemnities and licences granted by you and the limitations and exclusions of liability set out in these API Terms and any other provisions expressed or implied to survive will continue even after any licences (and/or these API Terms) have otherwise ended for any reason.
Nothing in these API Terms shall (except as expressly provided) be deemed to constitute a partnership, or create a relationship of principal and agent between you and us for any purpose.
You are only permitted to allow a third party to benefit from the API (such as a related company of yours or your customers) if you ensure that such use: