API terms of service

1. Scope of the terms

Monerium hf. (“Monerium”), has made available to you a variety of application programming interfaces (“APIs”) which provide access to Monerium’s products and services from time to time. These terms of Use (the “API Terms”) apply to your access to any API that Monerium makes available from time to time which provides access to a service or product by Monerium and includes (i) all associated tools, elements, components and executables therein, (ii) any Monierum sample code that enables interactions with a Monerium product and/or service, and (iii) any documentation that Monerium makes available to help enable your access to such APIs (collectively, the “Monerium APIs”).

For access to certain products and services, Monerium may require that you and Monerium enter into further agreements and agree to further terms (“Specific Agreements”) related to such access before you are granted access thereto. In such cases, these API Terms apply as well to such products and services but in case of any conflicting clauses the terms of such Specific Agreements supersede these API Terms.

By accessing or using Monerium APIs, including within a software application, website, tool, service, or product you create or offer to customers, you are agreeing to these API Terms and to comply with any accompanying documentation that applies to your use of the Monerium APIs. You represent and warrant to Monerium that you have the authority to accept these API Terms on behalf of yourself, a company, and/or other entity, as applicable.

Monerium may change, amend or terminate these API Terms at any time. Your use of the Monerium APIs after any change or amendment means you agree to the new API Terms. If you do not agree to the new API Terms or if we terminate these API Terms, you must stop using the Monerium APIs.

2. Licence

Subject to your compliance with all of the API Terms, Monerium grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to use the Monerium APIs to develop, test, and support your application, and allow customers to use your integration of the Monerium APIs within your application.

You may use the Monierum APIs only as expressly permitted in these API Terms. Violation of these API Terms may result in the suspension or termination of your use of the Monerium APIs.

3. Use of the Monerium API

You may NOT:

Use the Monerium APIs in a way that could impair, harm or damage Monerium, the Monerium APIs, any Monerium product and services, or anyone’s use of the Monerium APIs or any Monerium product and services;
Use the Monerium APIs to disrupt, interfere with, or attempt to gain unauthorized access to personal data, services, servers, devices, or networks connected to or which can be accessed via the Monerium APIs;
Use any personal data accessed through Monerium APIs in an unlawful manner or in a way which violates the requirements of GDPR;
Use the Monerium APIs, or any information accessed or obtained using the Monerium APIs, for the purpose of migrating customers away from Monerium products and services, except in connection with use of the Monerium APIs by your application or unless expressly permitted by Monerium pursuant to a duly executed written agreement;
Scrape, build databases or otherwise create copies of any data accessed or obtained using the Monerium APIs, except as necessary to enable an intended usage scenario for your application;
Request from the Monerium APIs more than the minimum amount of data, or more than the minimum permissions to the types of data, that your application needs for customers to use the intended functionality of your application;
Use an unreasonable amount of bandwidth, or adversely impact the stability of the Monerium APIs or the behavior of other apps using the Monerium APIs;
Attempt to circumvent the limitations Monerium sets on your use of the Monerium APIs. Monerium sets and enforces limits on your use of the Monerium APIs (e.g., limiting the number of API requests that you may make or the number of users you may serve), in its sole discretion;
Use Monerium APIs in any manner that works around any technical limitations of the Monerium APIs or of the accessed Monerium product or service, or reverse engineer, decompile or disassemble the Monerium APIs;
Use the Monerium APIs, or any data obtained using the Monerium APIs, to conduct performance testing of a Monerium product or service unless expressly permitted by Monerium pursuant to a duly executed written agreement;
Use the Monerium APIs, or any data obtained using the Monerium APIs, to identify, exploit or publicly disclose any potential security vulnerabilities;
Request, use or make available any data obtained using the Monerium APIs outside any permissions expressly granted by Customers in connection with using your application;
Use or transfer any data accessed or obtained using the Monerium APIs, including any data aggregated, anonymized or derived from that data (collectively the “Monerium APIs Data”) for advertising or marketing purposes including (i) targeting ads, or (ii) serving ads, or (iii) a product or service identifier that identifies a Monerium product or service;
Make your application available for use in a manner that circumvents the need for users to obtain a valid license to the Monerium application or service that is accessed through the Monerium APIs;
Redistribute or resell, or sublicense access to, the Monerium APIs, any data obtained using the Monerium APIs, or any other Monerium product or service accessed through the Monerium APIs;
Misrepresent expressly, by omission, or implication, the need for users to obtain a valid license to the Monerium application or service that is accessed through the Monerium APIs;
Falsify or alter any unique referral identifier in, or assigned to an application, or otherwise obscure or alter the source of queries coming from an application to hide a violation of this agreement; or
Use the Monerium APIs or allow any user to use the application in a way that violates any applicable law, including:
1. Illegal activities, such as child pornography, gambling, piracy, violating copyright, trademark or other intellectual property laws.
2. Intending to exploit minors in any way.
3. Accessing or authorizing anyone to access the Monerium APIs from an embargoed country as prohibited by the U.S. government, the EU or the government of Iceland.
4. Threatening, stalking, defaming, defrauding, degrading, victimizing or intimidating anyone for any reason.
5. Violating applicable privacy laws and regulations.
Use the Monerium APIs in a way that could create, in Monerium’s sole discretion and judgment, an unreasonable risk to customers from a security or privacy perspective.

You are authorized to use Monerium’s logo and other branding provided by Monerium, strictly in relation to the use of the Monerium APIs. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree to maintain, and not to remove, modify, obscure or alter, any link or notices appearing on any image provided through the Monerium APIs.

Because Monerium APIs are provided “as is,“ we may not provide support services for them. You are solely responsible for the quality of your application and providing support for your application.

4. Security

You warrant that your application has been developed to operate with Monerium API content in a secure manner. Your network, operating system and the software of your servers, databases, and computer systems (collectively, “Systems”) must be properly configured to securely operate your application and store content collected through your application (including the Monerium API content). Your application must use reasonable security measures to protect the private, including personal data of your users.

We may use technology to detect, prevent or limit the impact of any issues caused by your application (before, after, or instead of suspension of your access). This may include, for example, (i) filtering to stop spam, (ii) performing security or privacy monitoring regarding scraping, denial of service attacks, user impersonation, application impersonation, or illicit consent grant(s), or (iii) limiting or terminating your access to the Monerium APIs.

You will permit Monerium reasonable access to your Application for purposes of monitoring compliance with these API Terms. You will respond to any questions by Monerium about your compliance with these API Terms.

You must have a process to respond to any vulnerabilities in your Application, and in the case of any vulnerabilities related to your Application’s connection to the Monerium APIs discovered by you or reported to you by a third party, you agree that you will provide vulnerability details to Monerium.

In the event of a data breach by you resulting from any aspect of the Monerium APIs involving your application or any data collected through your Application, you will promptly contact Monerium and provide details of the data breach. You agree to refrain from making public statements (e.g., press, blogs, social media, bulletin boards, etc.) without prior written and express permission from Monerium in each instance as it relates to the Monerium APIs.

The rights and requirements of this clause will survive for five (5) years following any termination of these API Terms.

5. Data Protection

You must comply with all laws and regulations applicable to your use of the data accessed through the Monerium APIs, including without limitation the EU General Data Protection Regulation 216/679 of 27 April 2016 (the “GDPR”) and any laws related to privacy, biometric data, data protection and confidentiality of communications. Your use of the Monerium APIs is strictly conditioned upon implementing and maintaining appropriate protections and measures for your service and application, and that includes your responsibility to the data obtained through the use of the Monerium APIs.

For any data obtained through the Monerium APIs, you must have in place all necessary consents, procedures, policies, privacy statements as required by GDPR as well as any other requirements thereof applicable to the such data, and you must comply in all respects to the GDPR and any other applicable law in relation thereto.

Nothing in these API Terms shall be construed as creating a joint controller or processor-subprocessor relationship between you and Monerium.

6. Changes to the Monerium APIs and these API Terms

Monerium may at any time change the any or all of the Monerium APIs in all respect (including limiting access and requiring fees for access) or terminate the availability of some or all of the Monerium APIs, in both casses for any reason without notice.

Monerium may amend, modify, change or supplement these API Terms at any time without prior notice. You continued use of the Monerium APIs following any such change in the API Terms will be deemed as you having accepted such amendment, modification, change or supplement of the API Terms.

7. Termination

Monerium may suspend or immediately terminate these API Terms, any rights granted herein, and/or your license to the Monerium APIs, in our sole discretion at any time, for any reason.

You may terminate these API Terms at any time by ceasing your access to the Monerium APIs.

Upon termination, all licenses granted herein immediately expire and you must cease use of the Monerium APIs. You must also comply with customer’s instruction to return or delete any data accessed or obtained through the Monerium APIs, unless expressly permitted by Monerium or prohibited by law. Neither party will be liable to the other for any damages resulting solely from termination of these API Terms.

8. Disclaimer of Warranties

Monerium makes no warranties, express or implied, guarantees or conditions with respect to the Monerium APIs and your use thereof. Your use of the Monerium APIs is solely at your own risk and they are provided on an “as is” basis and “with all faults” and “as available”.

Without limiting the foregoing, Monerium excludes any and all implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort and non-infringement. Monerium does not guarantee that the Monerium APIs will function without interruptions or errors. Monerium disclaims all liability for damages caused by any interruption, errors in functioning or any data loss.

9. Limitation of liability

Should you have any basis for recovering damages from Monerium (or its affiliates or resellers) you agree that your exclusive remedy is to recover only direct damages for up to the of ISK 1,000, collectively for all such instances. You cannot recover any other damages or losses, including, without limitation, direct, indirect, consequential, lost profits, special, incidental or punitive damages.

To the maximum extent permitted by law, these limitations and exclusions apply to any claims related to these API Terms or your use of the Monerium APIs.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Monerium APIs, content or other material used or displayed through the current Monerium website or successor site.

10. Indemnification

You will defend, hold harmless, and indemnify Monerium from any claim or action brought by a third party, including all damages, liabilities, costs and expenses, and reasonable attorney fees, to the extent resulting from, alleged to have resulted from, or in connection with your breach of the obligations herein or infringement of Monerium’s or third party’s intellectual property.

11. General Terms

Applicable law and jurisdiction

These API Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Iceland.

You irrevocably agree that the courts of Iceland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these API Terms its subject matter or formation.
Confidentiality

You may be given access to certain non-public information, software, and specifications relating to your users, Monerium customers and the Monerium APIs (“Confidential Information”), which is confidential and in certain circumstances proprietary to Monerium. You may use Confidential Information only as necessary in exercising your rights granted under these API Terms. You may not disclose any Confidential Information to any third party without Monerium’s prior written consent.

You agree that you will protect any Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information.
Assignment

You may not assign or delegate any rights or obligations under these API Terms, including in connection with a change of control.

Any purported assignment and delegation shall be ineffective.

Monerium may freely assign or delegate all rights and obligations under these API Terms, fully or partially without notice to you.
All rights not expressly granted herein are reserved by Monerium. You acknowledge that all intellectual property rights within the Monerium APIs remain the property of Monerium and nothing within these API Terms will act to transfer any of these intellectual property rights to you.
Nothing in these API Terms shall be construed as creating an employer-employee relationship, processor-subprocessor relationship, a partnership, or a joint venture between the parties.
Sections of these API Terms that, by their terms, require performance after the termination or expiration of these API Terms will survive, such as, for example, the rights and requirements of section
Entire Agreement.

These API Terms and any documents incorporated into these API Terms by reference (including any Specific Agreements), constitute the entire agreement between you and us regarding the Monerium APIs and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these API Terms. If any provision of these API Terms is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible.