3. Accepting the Terms and Conditions of Use

3.1.  Any sort of use of the Website, the Services, content, information, paid or free samples of the Services, documentation Tradefeeds provides through the Website or via the Services is subject to the acceptance of this Agreement, the Privacy and Data Policy, the Service Level Agreement and other documentation that may be displayed on the Website from time to time in accordance with the current or future legal obligations, change in the Services, or other reasons.

3.2.  In order to access certain Services, you will be required to provide contact and billing information as a necessary part of the registration. Such information necessary for providing the Services should always be up-to-date. In this regard, the client has the responsibility to keep their information up-to-date and inform Tradefees of any changes of these, or apply such changes on channels provided by Tradefeeds such as user dashboards. Tradafeeds shall not be responsible for damages that a client may incur as a result of out of date information.

3.3.  All registered clients of the Services shall be bound by this Agreement. You shall be deemed that you have read, agreed to, and acknowledged the provisions of this Agreement and its annexes in case you access or use any of the Services or the Website.

3.4.  Tradefeeds encourages all clients and users of the Services and/or the Website to check the content of this Agreement from time to time for any possible changes or amendments. In case of material change in this Agreement, Tradefeeds will send all existing clients a notification via email regarding information on such material changes. The client shall have the right to choose whether or not to accept the amended version of the Agreement. In case the client does not agree to such amended versions, the Services may be inaccessible to them.

3.5.  In case you are not satisfied with the Services and practices of the Services or the Website and/or would like to discontinue the Services and therefore, the Agreement, you shall cancel your API subscription and/or cease your access and usage to the Standalone Databases as a sole remedy.

3.6.  Persons that are (i) not of legal age and the legal ability to enter into a binding contract or if (ii) you are a person barred from using or receiving the APIs under the applicable law of your country in which you are resident, from which you access the Services or any other country shall not attempt to enter into this Agreement as the Agreement shall not be deemed as in force in such case.

3.7.  If you are using or aiming to use the Services on behalf of a legal entity, you shall be deemed that you have the authority to bind that legal entity to this Agreement and other documents such as the Privacy and Data Policy of which the usage of the Services depends on their acceptance. Tradefeeds shall not be responsible for any damages that may arise as a result of usage of the Services in any way under unauthorized access on behalf of third-party legal entities.

4. License

4.1.  Tradefeeds grants a non-exclusive, non-transferable, revocable, and limited license (“License”) for the Services. The license shall start with successfully creating an API subscription and/or successfully purchasing a Standalone Database on the Website. The license shall end with the termination of the API subscription or termination of the Services to the clients as a result of a breach of this Agreement and or the terms and conditions of the License, the termination of this Agreement for any reason whatsoever, at Tradefeed’s discretion for reasonable cause or other reasons that may be determined in this Agreement.

4.2.  The Client agrees, understands, and accepts that the License shall strictly and only be for the limited purposes stated in this Agreement and within the terms and conditions of License put forward in this Agreement.

4.3.  The licensed materials under this License are the full list of current or future APIs and Standalone Databases of Tradefeeds, the content and any sort of data that these APIs return or the Standalone Databases include, the API Keys,

4.4.  The acceptance of this Agreement, the usage of the Services or the Website, or any other reason whatsoever shall not be deemed as the purchase of the License. All rights arising from the Services and the License shall solely belong to Tradefeeds alone. For the avoidance of doubt, parties that use this License under this Agreement do not acquire ownership of any rights in Tradefeeds brand, the APIs, the Standalone Databases, the content on the Website, the data, or any other feature related to the Services or the Website.

4.5.  Unless expressly permitted by Tradefeeds in prior and writing, the Licensee shall not, and shall not permit or give way to their potential or existing end-users or other parties acting on behalf of or in cooperation with the Licensee to do the following with any of the licensed materials including the APIs, the Standalone Databases or data the APIs return wholly or partially:

 

–           Copy, translate, modify, create a derivative work of, resell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;

–           Scrape, build separate databases, or otherwise create permanent copies of such content for restricted purposes herein;

–           Misrepresent the source or ownership;

–           Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material;

–           Sublicense (or allow those acting on your behalf to) an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.

–           Interfere with or disrupt the APIs or the servers or networks providing the APIs.

–           Reverse engineer, otherwise decompile or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.

–           Use the APIs and databases for any activities where the use or failure of the APIs and databases could lead to death, personal injury, environmental damage, or violate or infringe the intellectual property rights of Tradefeeds or third parties.

–           Unless expressly stated in this Agreement, use, store, or access the Services or permit others to use, market, distribute, access, store, export the content provided through the Services after the termination of the Agreement for any reason.

–           Use the Services in any manner that may violate the applicable law or third-party rights.

 

4.6.  The restrictions, terms, and conditions regarding the License shall be applied for users that are provided free API keys, and samples for the Services.

4.7.  In case of any breach of the License by the Licensee or the potential or existing end-users of the Licensee, the Licensee shall compensate Tradefeeds for any damages Tradefeeds may suffer as a result of such unlawful use of the licensed materials.

4.8.  The Licensee accepts and agrees to only benefit or use from the Services for their and their end-users’ reference under the own work or brand of the Licensee. Unless expressly stated herein or without the prior written consent of Tradefeeds, the Licensee shall not (paid or unpaid) transfer, resell or permit the (paid or unpaid) transfer or resell of the content and the data of the existing, previous or future APIs and Standalone Databases to third parties for any reason whatsoever, either be commercial or non-commercial.

4.9.  The Licensee agrees and accepts that it shall not create APIs, any sort of tools, software, or other practices that wholly or partially transmit and/or transfer data in similar ways by using the licensed materials, especially including any sort of data provided by Tradefeeds; mirror such licensed materials especially including any sort of data provided by Tradefeeds to third party servers; display, promote, market, send, show the licensed materials, especially including any sort of data provided by Tradefeeds in an “as-is” manner, meaning as these are received through the APIs and Standalone Databases; reverse engineer Tradefeeds APIs, extract the source code of the APIs; or attempt or encourage such actions for any reason whatsoever.

4.10. The Licensee shall reimburse Tradefeeds immediately upon Tradefeed’s request for all direct and indirect damages Tradefeeds may suffer as a result of any of the restricted actions stated in this Article.

4.11. In case Tradefeeds reasonable suspects or becomes aware of such restricted actions or attempts to these, Tradefeeds shall have the right to cease and terminate the access of the Licensee, cancel the Licensee’s API Key, restrict the Licensee’s access to the Services and the licensed materials and unilaterally terminate the License of the Licensee as well as this Agreement without notice and compensations or refunds to the Licensee.

4.12. The License is non-exclusive on behalf of Tradefeeds. Tradefeeds may develop products or services that may compete with the clients or any other products or services.

 

5. Limitation of the Liability

5.1.  The liability of Tradefeeds for the Services provided is limited to the extent stated in this Agreement, the Privacy and Data Policy and the Service Level Agreement (SLA) of Tradefeeds which may be amended from time to time at Tradefeed’s sole discretion.

5.2.  Neither Tradefeeds nor any of its suppliers, affiliates, distributors, resellers, employees, directors, representatives make any further promises or give warranties regarding the Services.

5.3.  In no case and under no legal theory including but not limited to in agreement, tort, negligence, or otherwise, Tradefeeds or any of its suppliers, affiliates, distributors, resellers, employees, directors, representatives shall be responsible for any indirect damages under any name including but not limited to lost profits, lost sales or business, lost data, business interruption, loss of goodwill, or any incidental, special, exemplary, consequential or punitive loss or damages, or any other loss or damages incurred by such party or third party in connection with this Agreement, even in cases Tradefeeds was informed of the probability of such damages in prior.

5.4.  To the extent permitted by law, the total liability of Tradefeeds or any of its suppliers, affiliates, distributors, resellers, employees, directors, representatives is limited to the amount paid by the Licensee during the time which gave rise to the liability.

5.5.  Tradefeeds shall not be liable for failure or delay in performance to the extent caused by circumstances beyond Tradefeed’s reasonable control. Tradefeeds does not guarantee that the Services will be provided uninterruptedly, error-free or that in case of errors, these will be completely and permanently corrected.

5.6.  Tradefeeds does not guarantee that the data provided through the Services will be complete, reliable, timely, correct at a 100% rate at all times.

5.7.  Tradefeeds may change or modify the structure or the format of the Services at its sole discretion from time to time.

 

6. Access and Unauthorized Access

6.1.  The API Key generated and assigned for each API subscription is subject to the personal use of the subscriber only and shall not be shared or be used by third parties without the prior written approval of Tradefeeds. In this regard, the client shall take all necessary measures to safeguard their API Key to prevent unauthorized access, disclosure, modification, publication, reproduction, resell, transfer or any use of the API key or the content provided through the APIs by unauthorized third parties which in this case, the client shall be responsible for all damages Tradefeeds may suffer if such case occurred because of the client’s negligence or fault.

6.2.  In case you become aware of such unauthorized or access to the API Key or the Services, you must notify Tradefeeds immediately.

 

7. General Terms of Use

7.1.  The client shall inform their end-users to comply with and not knowingly enable them to violate any applicable law, regulation, and terms and conditions of the License and the Agreement.

7.2.  The client shall comply with all applicable laws, regulations, and third-party rights. The client shall not use the Services to encourage or promote illegal activity or violation of applicable laws, regulations, and third-party rights.

7.3.  Tradefeeds may monitor your use of the APIs to ensure and improve the quality and verify your compliance with this Agreement. Tradefeeds may suspend your access to the Services without notice in case of reasonable suspicion that you are in violation of the Agreement and the License granted. In such case, the suspension shall continue until the matter is resolved.

7.4.  Tradefeeds supports data portability. For as long as you use or store any user data that you obtained through the APIs, you agree to enable your users to export their equivalent data to other services or applications of their choice in a way that’s substantially as fast and easy as exporting such data from Tradefeeds products and Services, subject to applicable laws, and you agree that you will not make that data available to third parties who do not also abide by this obligation.

7.5.  This Agreement does not constitute a partnership, sponsorship or a similar relationship between the client and Tradefeeds. The client shall not make any statements that may suggest otherwise without Tradefeed’s prior written approval.

7.6.  Tradefeeds may use and share with third parties your company or product name for promotion, marketing or demonstration purposes by producing, sharing or distributing screenshots, video, or other content from your API client.

7.7.   It is not obligatory to include a hyperlink or a reference in your website, project, analysis or application that leads to Tradefeeds Website to refer to us but would be highly appreciated.

7.8.  If you provide feedback or suggestions about the Services on any online platforms or to Tradefeeds team directly, Tradefeeds may use these for the improvement of the Services without notice or obligations. 

7.9.  The Users can integrate the Analyst Ratings API into a paid service only. To clarify, you shall not integrate and benefit from the Analyst Ratings API in cases you provide your integrated product or service in a free-of-charge manner. However, you can freely display a portion of the Analyst Ratings API data for the free trial or preview versions of your paid products and services.

 

8. Personal Data and Privacy

Your use of the Services or the Website is subject to your acceptance of our Privacy and Data Policy within the purposes and limitations set therein.

 

9. Pricing, Refunds

9.1.  The content and the pricing of each API subscription plan as well as the Standalone Databases are as seen on the Website, on the “Pricing” page and may be updated from time to time by Tradefeeds at its sole discretion. We will send you an email regarding the pricing changes in case there is an increase on your current API plan pricing. If you continue to use the Services after our notification, you shall be deemed have accepted the new price.

9.2.   Unless expressed otherwise in this Agreement or on the Website, each API subscription plan is subject to a certain number of monthly API call limit. Unused API calls in a month will not be carried over to the next. In case you exceed your limit, you may upgrade your current API subscription plan on your dashboard or by sending us a request, and the new, higher limits will be applied immediately to your account

9.3.  Unless expressed otherwise on the Website, API subscriptions are subject to a “trial month” pricing that applies for the first month of the subscription only. The trial month rates are the reduced rates seen on the Pricing page on the pricing table, without the overlines. After the trial month ends, if the subscription is not canceled, the subscription will be automatically charged at the original rates for each plan which are the rates shown with overlines on the above-mentioned pricing table. The pricing of our products is always as seen on the Website. If you have any doubt or unclarity regarding prices, please contact us to ensure.

9.4.  In case the payment details (for example, the credit card or PayPal) you submit for your API subscription payments fail a monthly term, the system will automatically try to charge you every 3 days. If this fails multiple times, your API subscription will be automatically canceled without notice. The automatic attempts after the first attempt fails may differ based on the practices of your bank and the payment method. In any case, your obligation to make the payments for the monthly periods in which the subscription was active will remain until the API subscription is duly canceled and due months are paid.

9.5.  You may upgrade or cancel your API subscription plan anytime on your dashboard or by sending us a request. Downgrades are only possible with requests via email. Please make sure to send the cancellation or downgrade request via email at least 7 days prior to the next monthly renewal date, otherwise your request may not be granted on time.

9.6.  In case of an upgrade, you will be charged the difference between your current plan and the upgrade plan based on your remaining API calls + the next month’s standard monthly subscription price for the upgrade plan. The following payments will go regularly after this.

9.7.  If you fail to cancel the API subscription on your dashboard for your own fault or negligence, and the subscription renews for other months after the intended cancellation, you shall be responsible for the payment of such renewed periods.

9.8.  Prices on the Website exclude VAT.

9.9.  All API subscription fees and all Standalone Database purchases are final and non-refundable even in cases the Services are not actively or at all used.

 

10. Termination and Cancellation

10.1. Once you cancel your API subscription on your dashboard or via an email request, your API subscription will be set to automatically cancel at the end of the current period to ensure you have full access to the Services until the monthly period you have already paid for. Unless expressed otherwise and excluding terms regarding payments, compensation, license terms and restrictions, the terms of this Agreement shall be in force for as long as the API subscription is valid and the cancellation takes effect. You may cancel your API subscription plan anytime with or without notice to Tradefeeds.

10.2. Unless an API subscription has not been canceled, it will be automatically renewed for another 30-day period.

10.3. In case a client breaches this Agreement, Tradefeeds reserves the right to unilaterally terminate this Agreement and discontinue providing the client the Services as well as access to these without liabilities and/or obligations under any name to the client.

10.4. Upon termination of this Agreement and/or your API subscription for any reason, you shall cease use of all Tradefeeds brand features, and delete any cached or stored content that was permitted under previous sectors. Tradefeeds may independently communicate with any account owner whose account(s) are associated with your API client and developer credentials to provide notice of the termination of your right to use an API.

11. Brand Features

11.1. “Brand Features” is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party’s Brand Features.

11.2.    Attribution

You agree to display any attribution(s) required by Tradefeeds as described in the documentation for the Services on the Website which may be amended from time to time. Tradefeeds hereby grants to you a non-transferable, non-sublicensable, non-exclusive license while the Agreement is in effect to display Tradefeed’s Brand Features for the purpose of promoting or advertising that you use the Services. You must comply with the terms of use of the Brand Features in accordance with the Agreement and to fulfill the obligations determined herein.

11.3. The client agrees that Tradefeeds has the sole discretion to determine whether a client’s attribution(s) and the use of Brand Features are complying with the requirements and guidelines.

 

12. Force Majeure

The Parties shall not be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; acts of God; pandemic; electrical, internet, or telecommunication outage that is not caused or foreseeable by the Parties; government restrictions (including the denial or cancelation of any export, import or other licenses); or other events outside the reasonable control of the Parties. The Parties will use reasonable efforts to mitigate the effect of a force majeure event. If such an event continues for more than 30 days, both Parties may cancel upon written notice to the other Party. This Article does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures.

 

 

13. Relationship of the Parties

The Parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the Parties unless the Parties agree otherwise in writing.

 

14. Confidentiality

14.1. “Confidential Information” shall mean information regarding the terms of this Agreement and the disclosing Party’s business, operations, employees or affairs, including, without limitation, confidential, proprietary or commercially sensitive information relating to its products, formulations, protocols, processes, designs, test methods, evaluation techniques, patents, trade secrets, scientific or technical data, regardless of the form in which it is maintained or provided (whether provided orally or in writing).

14.2. Each receiving Party shall keep the disclosing Party’s Confidential Information in strict confidence and not disclose such Confidential Information unless there is judicial and/or administrative order, in whole or in part, to any person other than those employees who need to know such Confidential Information for the purpose of this Agreement. Each receiving Party will undertake precautions to safeguard and protect the confidentiality of the Confidential Information that are at least as protective as the precautions undertaken by the receiving Party with respect to its own confidential and competitively valuable business information.

14.3. Each Party’s obligations under this article shall not apply to the extent, but only to the extent that any of the Confidential Information:

(i)         was publicly available, published or in the public domain prior to the date of this Agreement or thereafter becomes publicly available without any violation of this Agreement on the part of the receiving Party or any of its employees;

(ii)        was known by the receiving Party or its employees prior to its disclosure to the receiving Party or its employees by the disclosing Party;

(iii)       becomes available to the receiving Party or its employees from a person other than the disclosing Party or its employees which is not, to the receiving Party’s (or its employees’) knowledge or reasonable belief, subject to any legally binding or fiduciary obligation to keep such information confidential; or

(iv)       is independently developed by or on behalf of the receiving Party, without reliance on Confidential Information received hereunder.

(v)        is that disclosure is required by applicable law or regulation.

14.4. Each Party’s obligations under this article shall maintain indefinitely after the termination of this Agreement. All Confidential Information shall be returned to the disclosing Party upon termination or expiration of this Agreement for any reason, and shall be used by the receiving Party only during the term of this Agreement for the performance of this Agreement.

 

15. Indemnification

To the extent permitted by law, clients shall defend and indemnify Tradefeeds, and its affiliates, directors, officers, employees, and other clients, harmless and against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

• the client’s or its end user’s misuse of the Services or the License;
• the client’s or its end user’s violation of this Agreement or the License; or
• any content or data acquired via the APIs or Standalone Databases by the client, those acting on behalf of the client or the end-users of the client.

16. Notices

All notices to Tradefeeds shall be made via email to the addresses on our contact page.

 

17. Applicable Law

Tradefeeds encourages amicably solving any disputes between the clients and Tradefeeds and agrees to show its best efforts to find an amicable out-of-court solution in case of a dispute. In case such out-of-court solution is not agreed upon, this Agreement and any disputes that may arise from this Agreement or the usage of the Services are subject to Bulgarian Law and the courts in Bulgaria shall have exclusive jurisdiction.

 

18. Final Provision

18.1. This Agreement and all future amendments to it shall be in English. In case of discrepancies between the English version and any other translated versions, the English version shall prevail.

18.2. Tradefeeds may not take immediate action towards any of its rights in this Agreement which shall not be interpreted as the surrender of such rights. All rights of Tradefeeds are hereby reserved.

18.3. This Agreement shall supersede any oral or previously written agreements between Tradefeeds and the client.

18.4. Tradefeeds, from time to time, amend these Terms and Conditions of use to make it comply with the new or existing laws or the changes in the Services. In case of any material change in these Terms and Conditions, you will be notified via email. However, we still encourage you to regularly check these Terms and Conditions on our Website where its latest version will be displayed always. Some changes may not apply retroactively and become effective no sooner than 30 days after they are posted whereas changes made to comply with the new or existing laws will be effective immediately. If you choose not to receive the Services under such changes, please cease using the Services.

18.5. In case any of the articles of or provisions of this Agreement becomes unenforceable or against the law, these shall be deemed inactive while the remaining articles and provisions shall stay in force