If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Services.
THE API AND THE SERVICES ARE STILL IN TESTING PHASE AND ARE PROVIDED TO YOU IN A BETA AND PRERELEASE VERSION, ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU REPRESENT THAT YOU FULLY UNDERSTAND THE INHERENT RISKS OF USING A BETA VERSION, INCLUDING INCREASED RISKS OF ERRORS, BUGS AND DEFECTS. WITHOUT LIMITING THE WARRANTY TERMS AND THE LIABILITY LIMITATION TERMS OF THIS AGREEMENT, WE MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE BETA SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NOTWITHSTANDING ANY PUBLISHED DOCUMENTATION THAT STATES OTHERWISE, DFUSE DOES NOT WARRANT THAT THE BETA SERVICES WILL BE ERROR-FREE OR THAT THEY WILL MEET ANY SPECIFIED SERVICE LEVEL, OR WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME.
To use our Services, you must first register a dfuse account with us. Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current. You are solely responsible for managing your account and password and for keeping your password confidential. You are also solely responsible for restricting access to your account. If you believe that a third party obtained or guessed your password, change your password immediately.
You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons (whether or not authorized by you). You are also solely responsible for all use of the Services by any persons (such as your end users) that have access to your applications. You accept to take all necessary precautions to prevent unauthorized access to or use of our Services through your account or applications. You must notify us immediately of any actual or suspected unauthorized use of your account or our Services. We will not be liable for any loss or damage arising from unauthorized use of your account or our Services, even if you notified us of such unauthorized use.
By creating an account or using the API, or using the Services in any manner, you represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; and (c) have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. If you are registering to use the Services on behalf of a legal entity, you further represent and warrant that (i) such legal entity or is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.
Subject to the terms of this Agreement, we grant you a worldwide, non-exclusive, non-sublicensable, non-transferable and revocable license to use the API solely for the purposes of developing applications that interface with our Services or provide our Services through your applications. Your license to use the API is automatically revoked if you violate our intellectual property rights on the API. All rights not explicitly granted to you are reserved by us.
Without limiting the preceding paragraph, you cannot copy, transfer, resell, lease, distribute, license or otherwise make available our API (and your API key) to any third party.
Provided that you are in compliance with this Agreement and all applicable laws, we grant you a non-exclusive right to use our Services for the purposes of developing applications that interface with our Services to provide access to blockchain networks.
When you use our Services, you provide us with files, content, information, and other data (the "Data"). As to between us, the Data (including those of your end users) are yours. The terms of this Agreement don't give us any rights to your Data except for the limited rights that enable us to offer the Services.
By submitting the Data through the API and to the Services, you grant us a worldwide, non-exclusive, royalty-free, revocable, sublicensable, transferable license to use, adapt, convert, scan, transcode, reproduce, distribute, display, perform, transmit, store and cache the Data solely to the extent necessary to provide the Services or as otherwise permitted by this Agreement.
We may also utilize the Data to conduct investigations and studies, test functionalities during the development phase and analyze the information at our disposal to assess and improve our Services, implement new services and functionalities and perform audits and troubleshooting procedures, or for promotional purposes. You give us permission to do these things, and this permission extends to trusted third parties we work with.
You are solely responsible for the accuracy, quality, integrity and legality of the Data, and you warrant that you have acquired the Data legally and that you have all necessary rights and authorizations to enable us to use the Data.
We are currently offering the Services free of charge for a period of thirty (30) days; we can decide at our sole discretion to extend this free period thereafter. The Service as offered free of charge is intended for normal, reasonable use for testing our Services. If we determine in our sole discretion that your usage volume is too important, we reserve the right to cease offering you the Services for free.
Please refer to our website for all details regarding our offers and subscription plans for our Services and for further details relating to upgrades, downgrades, billing, refunds, and changes to paid accounts. Both free and paying users must have a valid account to be able to use our Services.
You are responsible for your conduct and your use of the Services. You will ensure that you use the Services and provide us the Data in accordance with all applicable laws. You warrant that you will not use the API and the Services for any fraudulent, infringing or other illegal activities or purposes, including to infringe on third party rights (such as intellectual property rights or privacy rights).
You cannot copy, transfer, resell, lease, distribute, license or otherwise make available our Services to any third party or offer them on a standalone basis.
You will not attempt, perform, cause or permit any reverse engineering, disassembly or decompilation, or otherwise attempt to create or derive the source code, of any software (including the API) provided in connection with the Services.
You agree that you will not use our Services in a manner, or share Data, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information without their express consent; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights and privacy rights; (g) you do not have the right and authority to share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, malware or other components designed to limit or harm the functionality of a computer.
You understand that by using our Services or doing business with us, you might have access to our confidential information. By confidential information, we mean any information or data, marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding its disclosure. You agree that you will use our confidential information only as expressly authorized by us and that you will exercise due care in protecting our confidential information from unauthorized use and disclosure. If you are required by law to disclose any of our confidential information, you will notify us promptly and you will minimize such disclosure to the extent permitted by applicable laws.
In the event that you provide comments, suggestions and recommendations to us regarding the Services (including without limitation with respect to modifications, enhancement, improvements and other changes), you hereby grant us a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any of your comments, suggestions and recommendations. You agree that we will own all intellectual property rights in any development we made that incorporate any of your comments, suggestions and recommendations, without any compensation of any kind to you.
To the fullest extent permitted by applicable law, you agree to release and to indemnify, defend and hold harmless dfuse and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Services, the use of the Services through your account, the use of the Services by your customers or end users, your violation of this Agreement, any breach of your representations and warranties under this Agreement, and any of your acts or omissions that implicate intellectual property rights, publicity rights, defamation or invasion of privacy. dfuse reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with dfuse in the defense of such matter.
YOU UNDERSTAND THAT YOU USE THE SERVICES AT YOUR OWN RISK.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, DFUSE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES AND THE API, INCLUDING THAT THE SERVICES AND API WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE, SOFTWARE, CONTENT OR DATA PROVIDED BY THIRD PARTIES, THAT THE SERVICES AND API WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SERVICES AND API WILL BE CORRECTED. DFUSE PROVIDES THE SERVICES AND API “AS IS” AND “AS AVAILABLE”.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, DFUSE’S WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NON INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
Without limiting the above, by using our Services in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of public/private key cryptography, native cryptographic tokens, smart contract-based tokens, and blockchain-based software systems. You acknowledge that blockchain software are code subject to flaws and acknowledge that you are solely responsible for evaluating any available code provided by the Services. You further expressly acknowledge that blockchains software can be written maliciously or negligently, that dfuse cannot be held liable for your interaction with such software and that such software may cause loss of property or identity. These warnings and others later provided by dfuse in no way evidence or represent an on-going duty to alert you to all of the potential risks of using the Services.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL DFUSE, ITS AFFILIATES, ITS OFFICERS, ITS DIRECTORS, ITS EMPLOYEES, ITS AGENTS, ITS SUPPLIERS, ITS LICENSORS AND ITS LICENCEES HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR (DIRECT OR INDIRECT) LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICES, WHETHER FORESEEABLE OR NOT, AND EVEN IF DFUSE HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT DFUSE IS FOUND LIABLE TO PAY YOU ANY DAMAGES, DFUSE’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR CLAIM.
THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED EVEN IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT DFUSE HAS RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO PROVIDE THE SERVICES AND ENTER INTO THIS AGREEMENT.
This Agreement begins on the earliest of the date on which you create your account or the date on which you use the API, and ends when terminated in accordance with its terms. The Agreement may be terminated by either party without cause by providing the other party a fifteen (15) days prior notice. We can terminate this Agreement immediately upon notice if you breach any of obligations, undertakings, representations, or warranties or are otherwise in default under this Agreement.
Upon termination of this Agreement, you must immediately cease to use the Services, including the API.
We can also terminate or suspend the Services immediately without prior notice if we believe, in our sole discretion, that (a) you owe us any unpaid amounts for the use of the Services, (b) you are in breach any of obligations, undertakings, representations, or warranties or are otherwise in default under this Agreement (c) your use of our Services is fraudulent or negatively impacting the operating capability of our Services; (d) providing our Services is prohibited by law, or it has become impractical or unfeasible for any legal or regulatory reason to provide our Services; or (e) subject to applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets or change of control, a failure to continue business, assignment for the benefit of creditors, or if you become the subject of bankruptcy or similar proceeding.
We may revise this Agreement from time to time and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on our website). You agree to review the terms of this Agreement from time to time and, in any case, each time we will notify you of changes thereto. By continuing to use or access the Services after the revisions come into effect, you will agree to be bound by the revised terms of this Agreement.
You grant us the right to use your name and logo on our website and any promotional material for the purposes of promoting our Services. We agree to use your trademarks in accordance with any usage guideline that you provide us. You agree to fully cooperate with us if we wish to issue a press release pertaining to your use of the Services.
This Agreement shall be governed by and construed by the laws applicable in the Province of Quebec, Canada. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Quebec.
This Agreement is the entire and exclusive agreement between dfuse and you regarding the Services and the API, and this Agreement supersedes and replaces any prior agreements between dfuse and you regarding the Services and the API.
You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of dfuse, which consent is within dfuse’s sole discretion. No assignment or delegation by you shall relieve or release you from any of your obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. dfuse shall be allowed to assign this Agreement to any third party without requiring your consent, in which case dfuse will only be released from all its obligations towards you hereunder if the assignee agrees in writing to assume and be bound by such obligations.
Nothing in this Agreement shall constitute a partnership or joint venture between you and dfuse. If a particular provision of this Agreement is held to be invalid within a given jurisdiction by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement for that jurisdiction and shall not affect the validity of this Agreement as a whole.
“dfuse” is a tradename and trademark of dfuse Platform Inc. Any reference to dfuse in this Agreement shall also include a reference to 10684384 Canada Inc. when appropriate given the context.
The Parties have requested that this Agreement and all its modifications be drawn up in English. Les parties ont demandé que ce contrat et toutes ses modifications soient rédigées en anglais.
If you have any customer service inquiries, concerns, questions or complaints regarding this Agreement, please contact dfuse at firstname.lastname@example.org and write “Terms of Service” in the subject line.
300-481 Ave Viger W Montreal, QC H2Z 1G6 Canada