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DARWIN API T&C

DARWINEX

DARWIN API Terms of Service

The following terms and conditions (the “API Terms of Service”) govern your access to, and use of, our proprietary application programming interface, including our ‘REST API’ or ‘Websocket API’ (collectively, the “DARWIN API”) and the related documentation, the current version of which is located in https://www.darwinex.com/data/darwin-api (the “DARWIN API Documentation”), all of which are designed to facilitate your access to, and use of, our Services (as defined in the Terms of Service).

These API Terms of Service supplement, and form part of, our standard terms of service, the current version of which is located at: https://www.darwinex.com/legal/terms-conditions (“Terms of Service”). Accordingly, capitalised terms used, but not defined in these API Terms of Service, have the meanings set out in the Terms of Service.

1. Use of the DARWIN API and DARWIN API Documentation

a) API Tokens Required to Access the DARWIN API. In order to use the DARWIN API, you must first sign up for an account through www.darwinex.com. Certain authenticated features and functionalities available through the DARWIN API require an access token. If you wish to access these features and functionality through the DARWIN API, you must further generate one or more API access tokens (each, an “API Token”). You acknowledge that such API Tokens are confidential information and will not share your API Tokens with any third party without our prior consent. In addition, we may revoke your API Tokens any time without our consent.

b) Use of the DARWIN API. Subject to your compliance with the terms and conditions hereunder, you may use the DARWIN API solely in accordance with these API Terms of Service and the DARWIN API Documentation.

c) Licence to DARWIN API Documentation. We hereby grant to you a revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the DARWIN API Documentation solely to facilitate your development of applications that interface with our services in accordance with these API Terms of Service and the DARWIN API Documentation (each such application, an “Application”).

d) Open Source Libraries. From time to time, we may make available to you our libraries that assist you with the development of Applications, such as our Go, Node.js and Ruby libraries (such libraries, the “Darwinex Open Source Libraries”). The Darwinex Open Source Libraries are governed by open source licenses selected by us that accompany the source code and you acknowledge and understand that it is your responsibility to review such licenses carefully and to comply with the terms and conditions contained therein.

e) API Call Limitations. The number of calls you or your Application makes to the DARWIN API during any given period may be limited, at our sole discretion, based on various factors that include the manner in which your Application makes calls to the DARWIN API and the anticipated volume of use associated with your Application.

f) Changes to the DARWIN API. We reserve the right to change the DARWIN API and DARWIN API Documentation at any time and without notice. You acknowledge and understand that these changes may require you to make substantial changes to your Application at your own cost and expense. It is your responsibility to review the Darwinex Documentation and these API Terms of Service regularly.

g) Suspension or Revocation of Access. Notwithstanding the foregoing, we retain the right, at our sole discretion, to suspend or revoke your access to the DARWIN API, at any time and for any reason, including for: (i) violation of these API Terms of Service; (ii) your use of the DARWIN API contrary to the DARWIN API Documentation; (iii) for scheduled maintenance; or (iv) to address any emergency security concerns.

2. DARWIN API Use Restrictions. You will not use or access the DARWIN API in any way not expressly permitted under these API Terms of Service or the DARWIN API Documentation. Without limiting the generality of the foregoing, you will not:

a) develop any applications that: (i) are fraudulent or misleading; (ii) infringe on any third party’s intellectual property rights or rights of publicity or privacy; (iii) are defamatory, trade libelous, threatening, or harassing; (iv) contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data; (v) replicate or attempt to replace the essential user experience of the Services or any of our other products or services; or (vi) otherwise violate any applicable law;

b) modify, decompile, reverse engineer, or otherwise alter the DARWIN API;

c) use the DARWIN API in any manner that may threaten the security or functionality of the DARWIN API or our Services;

d) use the DARWIN API to circumvent the intended features, functionality or limitations of the Company’s Services; or

e) perform any vulnerability, penetration or similar testing on the DARWIN API.

3. Data

a) Data That You Transmit Using the DARWIN API. You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable licence during the term of use of the DARWIN API to access, collect, store and use any data, information, records and files that: (i) you load, transmit to or enter into the DARWIN API (“Transmitted Data”); or (ii) that we collect from your usage of the DARWIN API, to: (1) develop, enhance and make available the DARWIN API and the Services; and (2) to produce data, information or other materials that are not identified as relating to you or any particular individual or company (such data, information and materials, the “Aggregated Statistical Information”).

b) Data That You Collect Using the DARWIN API. The DARWIN API may allow you to collect information or data available on or through the Services, including data or information: (i) from or about other users of the Services; and (ii) collected by Darwinex or made available by third parties (collectively, the “Darwinex Data”). You may only use such Darwinex Data for your internal purposes or within your Application and will not disclose, sell or transfer any Darwinex Data without our prior written consent. Accordingly, you will exercise reasonable safeguards to protect Darwinex Data from unauthorised access or use.

c) No Use Rights to Darwinex Data Containing Personal Information. You may not use any Darwinex Data that contains any information about any identifiable individuals (such information, “Personal Information”) and will promptly delete such Personal Information in your possession or control upon becoming aware of such Personal Information.

d) Deletion of Darwinex Data. You will immediately delete any and all Darwinex Data: (i) upon our request or the request of any individual or company in respect of which such Darwinex Data relates; (ii) when your access to the DARWIN API is suspended or revoked; (iii) when you deactivate your Application or otherwise remove its integration from the DARWIN API; or (iv) when it is no longer reasonably required by you or your Application.

4. Monitoring Usage of API

You acknowledge and agree that we may monitor your use of the DARWIN API and that you will not block or otherwise interfere with our monitoring.

5. Communications Not Confidential

Your use of the DARWIN API requires the transmission of data and information over the Internet and public networks. Accordingly, we do not, and cannot, guarantee the confidentiality, security or reliability of any communications made by you or your Applications through the DARWIN API.

6. Ownership

All rights (including intellectual property rights), title and interest in and to the DARWIN API, the DARWIN API Documentation, Aggregated Statistical Information, Darwinex Data and all other materials provided by us hereunder, and any update, adaptation, translation, customization or derivative work thereof, will remain with us (or our third party suppliers, if applicable). The DARWIN API, DARWIN API Documentation, Darwinex Data and all materials provided by us hereunder are licensed and not “sold” to you. All rights not expressly granted to you in these API Terms of Service are reserved.

7. Warranties and Indemnities

a) Transmitted Data Representation. You represent and warrant, and covenant with us, that all Transmitted Data will only contain data and information (including, if applicable Personal Information) in respect of which you have obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable Laws, to enable us to make available the DARWIN API and exercise our rights under these API Terms of Service.

b) Indemnity In Connection with Your Use of the DARWIN API. You will defend, indemnify and hold harmless us and all of our officers, directors, employees, contractors and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including reasonable legal and accounting fees arising out of or in connection with: (i) your Applications; (ii) your breach of applicable Laws or your representations or warranties hereunder; or (iii) your use of the DARWIN API contrary to these API Terms of Service or the DARWIN API Documentation.

c) Responsibility for losses. The Company bears no responsibility for any loss of opportunity that results in a reduction in the value of the Client’s transactions in financial instruments because of the use or malfunction of the API, regardless of the cause of such reduction, except to the extent that reduction occurred as a direct consequence of the Company’s deliberate actions or omissions.

8. Interpretation

In the event of any conflict or inconsistency between the API Terms of Service or the Terms of Service, these API Terms of Service will prevail to the extent of such conflict or inconsistency, except that for the purposes of these API Terms of Service, the term “Services” will, for greater clarity, include making available the DARWIN API and DARWIN API Documentation to you.

9. Change to API Terms of Service.

Except where prohibited by applicable Law, we reserve the right to change these API Terms of Service at any time without notice. Your continued access to or use of the DARWIN API or DARWIN API Documentation after any changes indicates your acceptance of such changes. It is your responsibility to review these API Terms of Service regularly.