Bitfinex Terminal Terms of Use

Last Updated: January 04, 2021

IMPORTANT: Historical market data on Bitfinex (the “Bitfinex Market Data”) is made available through a distributed peer-to-peer marketplace known as ‘Dazaar’ that permits the sharing of real-time data without the need for an intermediary (the “Bitfinex Terminal”). While Dazaar has been developed and is operated by Dazaar Limited, the source code for the Bitfinex Terminal has been developed and made available by us. The Bitfinex Terminal permits third parties to develop services, software or solutions that facilitate access to the Bitfinex Market Data that we make available on the Bitfinex Terminal. Accordingly, these Terms of Use will take precedence to any other terms and conditions, agreements or contracts you may have entered into with such third parties and govern your access and subscription to, and use of the Bitfinex Market Data and Bitfinex Terminal (as applicable).

BY SUBSCRIBING TO OUR FEED OF SELECT MARKET DATA THROUGH https://github.com/bitfinexcom/bitfinex-terminal YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE BITFINEX TERMINAL TERMS OF USE (THESE “TERMS OF USE”), AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 8 BELOW TITLED “CHANGES TO THESE TERMS OF USE”, WHICH CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND THE SAME LEGAL ENTITY TO WHICH YOU ARE OR WOULD BE CONTRACTING WITH, HAD YOU ENTERED INTO THE BITFINEX EXCHANGE TERMS LOCATED AT https://www.bitfinex.com/legal/exchange/terms (“Terms of Service”), (“US”, “WE”, “OUR”, “BITFINEX”). THE TERM “YOU” REFERS TO THE PERSON THAT HAS SUBSCRIBED TO THE BITFINEX MARKET DATA (“USE” OR “USING” IN THESE TERMS OF USE WILL MEAN ANY OF THE FOREGOING). IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MUST NOT USE THE BITFINEX MARKET DATA OR BITFINEX TERMINAL.

1. License to Use Bitfinex Market Data

Subject to your compliance with these Terms of Use, we grant you a worldwide, perpetual, non-sublicensable, non-transferable right and license to access and use the Bitfinex Market Data solely for your internal purposes and in accordance with these Terms of Use.

2. Restrictions on Use of the Bitfinex Terminal and the Bitfinex Market Data

• 2.1. You may only use the Bitfinex Terminal and the Bitfinex Market Data as expressly permitted under these Terms of Use. Without limiting the generality of the foregoing, you will not (and will not attempt to):

  • 2.1.1. distribute, disclose or resell any part of the Bitfinex Market Data;

  • 2.1.2. re-identify any Bitfinex Market Data; or

  • 2.1.3. access, use, post, submit, publish, display or transmit any Bitfinex Market Data in violation of any applicable law or for any illegal purposes.

• 2.2. You may only use the Bitfinex Terminal if you are 18 years of age or older and have the capacity to contract under applicable laws provided you are not a Prohibited Person (as defined below) or acting for the benefit of a Prohibited Person. As used herein, the following words have the following meanings:

  • 2.2.1. “AML” means anti-money laundering, including, but not limited to, all Laws applicable to the parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or move, transfer, or transport, illicit proceeds, property, funds, fiat currency, or digital tokens, including, but not limited to, the promotion of any unlawful activity such as fraud, tax evasion, embezzlement, insider trading, financial crime, bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism, or Economic Sanctions violations, which may also require internal controls to detect, prevent, report, and maintain records of suspected money laundering or terrorist financing;

  • 2.2.2. “Economic Sanctions” means financial sanctions, trade embargoes, export or import controls, anti-boycott, and restrictive trade measures enacted, administered, enforced, or penalized by any Laws applicable to you or Bitfinex Terminal;

  • 2.2.3. “Government” means any national, federal, state, municipal, local, or foreign branch of government, including, but not limited to, any department, agency, subdivision, bureau, commission, court, tribunal, arbitral body, or other governmental, government appointed, or quasi-governmental authority or component exercising executive, legislative, juridical, regulatory, or administrative powers, authority, or functions of or pertaining to a government instrumentality, including, but not limited to, any parasternal company, or state-owned (majority or greater) or controlled business enterprise;

  • 2.2.4. “Government Approval” means any authorization, license, permit, consent, approval, franchise, concession, lease, ruling, certification, exemption, exception, or waiver by or with any Government necessary to conduct the business of any Person or the execution, delivery and performance of any services or transaction under these Terms of Use;

  • 2.2.5. “Government Official” means an officer or employee of any Government, a director, officer, or employee of any instrumentality of any Government, a candidate for public office, a political party or political party official, an officer or employee of a public international organization, and any Person who is acting in an official capacity for any of the foregoing, even if such Person is acting in that capacity temporarily and without compensation;

  • 2.2.6. “Laws” means all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to you or Bitfinex Terminal;

  • 2.2.7. “Person” includes an individual, association, partnership, corporation, company, other body corporate, trust, estate, and any form of organization, group, or entity (whether or not having separate legal personality);

  • 2.2.8. “Prohibited Person” means any U.S. Person; the Government of Venezuela; any citizen or resident of, Government or Government Official of, or Person in or subject to the jurisdiction of, any Prohibited Jurisdiction; and any Sanctioned Person;

  • 2.2.9. “Prohibited Jurisdiction” means any of: Cuba, Democratic People’s Republic of Korea (North Korea), Iran, Syria or Crimea (a region of Ukraine annexed by the Russian Federation);

  • 2.2.10. “Sanctions List” means the “Specially Designated Nationals and Blocked Persons” (“SDN”) List and the Non-SDN Lists, including, but not limited to, the “Sectoral Sanctions Identifications List”, published by Office of Foreign Assets Control of the U.S. Department of the Treasury; the Section 311 Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern published by the Financial Crimes Enforcement Network of the U.S. Department of the Treasury; and, any other foreign terrorist organization or other sanctioned, restricted, or debarred party list published by the Financial Investigation Authority of the British Virgin Islands, or under Economic Sanctions, AML, or counter-terrorist financing Laws of or by Governments of the United States, the British Virgin Islands (including any sanctioned, restricted, or debarred party list under the Laws of the United Kingdom and applicable in the British Virgin Islands), or the United Nations;

  • 2.2.11. “Sanctioned Person” refers to any Person or digital tokens address that is: (i) specifically listed in any Sanctions List; (ii) directly or indirectly owned 50 percent or more by any Person or group of Persons in the aggregate, or a digital tokens wallet associated with such Person or Persons, referred to in any Sanctions List, or Government or Government Official of any Prohibited Jurisdiction; or (iii) that is subject to any Government Approval or otherwise sanctioned, restricted, or penalized under applicable Economic Sanctions, AML, or counter-terrorist financing Laws;

  • 2.2.12. “Territory or Insular Possession of the United States” means the Commonwealth of Puerto Rico; the U.S. Virgin Islands; Guam; the Commonwealth of the Northern Mariana Islands; and all other territories and possessions of the United States, other than the Indian lands (as that term is defined in the Indian Gaming Regulatory Act);

  • 2.2.13. “United States” or “U.S.” means the several states of the United States and the District of Columbia;

  • 2.2.14. “U.S. Citizen or U.S. Resident” includes any U.S. citizen, U.S. resident protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act, or individual who holds a passport issued by the United States Government (i.e. a U.S. national);

  • 2.2.15. “U.S. Person” means:

    • (a) a U.S. Citizen or U.S. Resident;

    • (b) a corporation, partnership, or other entity established or organized in or under the Laws of the United States;

    • (c) any estate of a decedent who was a U.S. Citizen or U.S. Resident;

    • (d) any trust if (i) a court within the United States is able to exercise primary supervision over the administration of the trust, and (ii) one or more United States Persons have the authority to control all substantial decisions of the trust;

    • (e) any Person organized or incorporated outside the United States and the Territory or Insular Possession of the United States in which any of the foregoing, whether singularly or in the aggregate, directly or indirectly (i) holds a 50 percent or greater equity interest by votes or value, (ii) holds a majority of seats or memberships on the board of directors of the entity, or (iii) authorizes, establishes, directs, or otherwise controls the actions, policies, personnel decisions, or day-to-day operations of the Person; or

    • (f) any pension plan for the employees, officers or principals of a legal entity described in Section 2.2.15(b), unless the pension plan is primarily for foreign employees of such entity.

3. Proprietary Rights to Bitfinex Market Data

All rights (including intellectual property rights), title and interest in and to the Bitfinex Market Data will remain with us (or our third party suppliers, if applicable). The Bitfinex Market Data is licensed and not “sold” to you. All rights not expressly granted to you under these Terms of Use are reserved.

4. Disclaimers Regarding the Bitfinex Terminal and the Bitfinex Market Data

• 4.1. GENERAL. USE OF BITFINEX TERMINAL AND THE BITFINEX MARKET DATA IS AT YOUR OWN RISK. THE BITFINEX TERMINAL AND THE BITFINEX MARKET DATA IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE BITFINEX TERMINAL AND THE BITFINEX MARKET DATA WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY OR TIMELINESS OF THE BITFINEX TERMINAL OR THE BITFINEX MARKET DATA, OR THAT THE BITFINEX TERMINAL AND THE BITFINEX MARKET DATA ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

• 4.2. ACCURACY, LEGALITY, TIMELINESS AND RELIABILITY OF INFORMATION AND DATA. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE TIMELINESS, SEQUENCE, ACCURACY, LEGALITY, APPROPRIATENESS, ERROR, OMISSION OR COMPLETENESS OF THE BITFINEX MARKET DATA. YOU ACKNOWLEDGE AND AGREE THAT THE BITFINEX MARKET DATA HAS BEEN TRANSMITTED OVER THE INTERNET AND, ACCORDINGLY, WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE INTERRUPTION OF THE BITFINEX MARKET DATA OR WHETHER IT HAS BEEN MODIFIED.

• 4.3. DISCLAIMER OF THIRD PARTY BITFINEX TERMINAL APPLICATIONS. THIRD PARTIES UNAFFILIATED WITH US MAY CREATE APPLICATIONS, SERVICES OR SOLUTIONS THAT INTEROPERATE WITH THE BITFINEX TERMINAL THAT PROVIDE ACCESS TO OUR BITFINEX MARKET DATA. IN SOME CASES, THESE THIRD PARTIES MAY INCORPORATE OUR BITFINEX MARKET DATA STREAM DIRECTLY INTO THEIR APPLICATIONS, SERVICES AND SOLUTIONS, BUT THESE THIRD PARTIES ARE UNRELATED TO US AND WE TAKE NO RESPONSIBILITY FOR ANY OF THEIR REPRESENTATIONS, WARRANTIES, OR COVENANTS THAT THEY MAY HAVE MADE TO YOU OR ANY OF THEIR ACTS OR OMISSIONS.

5. Limitation of Liability

IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE OR LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE BITFINEX MARKET DATA. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY OF THESE TERMS OF USE DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF US OR OUR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE BITFINEX MARKET DATA, OR FOR ANY OTHER CLAIM EXCEED EUR 10. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

6. Fees and Payment

You agree to pay our fees as set out in Appendix 1 attached hereto (the “Fees Schedule”) and updated from time to time in accordance with Section 8 below (the “Fees”), each time you download the Bitfinex Market Data. Such Fees are non-refundable.

7. Term and Termination

These Terms of Use will commence on the day you first access or use the Bitfinex Terminal and will continue to be in force until terminated by either party (the “Term”). Either party may terminate these Terms of Use as follows: (a) we may terminate these Terms of Use at any time and with immediate effect by giving written notice to you by email (at your current email address on file with us) or through the Bitfinex Terminal; and (b) you may terminate these Terms of Use by contacting us by email at [email protected] to request that these Terms of Use be terminated between the parties.

8. Changes to these Terms of Use

We reserve the right to change these Terms of Use at any time without notice by posting an updated set of terms on https://github.com/bitfinexcom/bitfinex-terminal/tree/master/terms-of-use. We reserve the right to charge or change fees (including the Fees) for accessing the Bitfinex Terminal and/or the Bitfinex Market Data and such changes to these Terms of Use may include provisions related to such fees. Your continued use of the Bitfinex Terminal and/or the Bitfinex Market Data after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to regularly check for any updates to these Terms of Use. If we update these Terms of Use we will also update the date after “Last Updated” at the beginning of these Terms of Use to indicate when these Terms of Use were last updated.

9. Governing Law and Jurisdiction

These Terms of Use will be governed by the Laws of the British Virgin Islands. These Laws apply to your use of the Bitfinex Terminal and the Bitfinex Market Data, notwithstanding your domicile, residency or physical location. The Bitfinex Terminal and the Bitfinex Market Data are intended for use only in jurisdictions where it may lawfully be offered for use. Except as restricted by applicable Law, you hereby consent to the exclusive jurisdiction and venue of courts in the British Virgin Islands in all disputes arising out of or relating to the use of the Bitfinex Terminal and/or the Bitfinex Market Data and/or these Terms of Use.

10. General Provisions

• 10.1. These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Bitfinex Terminal and the Bitfinex Market Data. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

• 10.2. Either party’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right.

• 10.3. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.

• 10.4. The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 3 (Proprietary Rights to Bitfinex Terminal), 4 (Disclaimers Regarding the Bitfinex Terminal and the Bitfinex Market Data), 5 (Limitation of Liability), 9 (Governing Law and Jurisdiction) and 10 (General Provisions).

Appendix 1 - Fees Schedule

| Pricing Plan | Description | Fees (excluding network charges) | Admitted tokens |:---------------------|:-------------------------------------------------------------|:----------------------------------|:--------------- | Basic | Trading Bitfinex Market Data and Candle Bitfinex Market Data | Free | - | Advanced | Historical Order Book Snapshots | $0.02 USD per hour, per data set | USDt | Advanced | Historical Order Book Snapshots | 100 Satoshi per hour, per data set | BTC | Advanced | Historical Order Book Snapshots | 0.015 LEO per hour, per data set | LEO