Terms of Service

These Terms of Service (“Terms”), the terms of any Services that you procure through Datanapis.com and related websites, and any terms expressly incorporated or referenced herein (collectively, the “Agreement”) between Datanapis, LLC. (“Datanapis”, “we”, “our”, or “us”) and you, as a current or prospective customer/user of Datanapis’s services (“you” or “your”), describe your rights and responsibilities when accessing or using our website, application programming interfaces (“APIs”), and other products and services that are available for individual use (collectively, the “Services”) for your own individual, non-commercial purposes. If you are using the Services for commercial purposes, please contact info@datanapis.com, and you may not use any of the Services as currently provided.

By creating an account, you expressly agree to these Terms and agree to be bound by all of the terms and conditions of the Agreement. You also agree to any additional terms specific to Services you use including restrictions and limitations (e.g. redistribution restrictions and API usage limitations) concerning any particular product or services that you select to use (“Additional Terms”). Such Additional Terms are in addition to, and shall be deemed a part of, the Agreement.

The Agreement takes effect when you first accept these Terms as part of the account sign-up process and will remain in effect until terminated as specified herein. If you do not agree with the Agreement, please do not accept these Terms and you may not access or use the Services.

Datanapis provides users the tools to access and use financial data and other information relating to securities, other financial instruments, and other information concerning financial markets made available by SEC Edgar. Datanapis is not a registered broker-dealer, financial institution, exchange, or investment advisor nor does it make any recommendations regarding the appropriateness of particular opportunities for any investor.

Subject to the terms and conditions of the Agreement, we grant you a non-exclusive, non-transferable, non-assignable, worldwide, limited right to access and use the Services, as such Services may be modified, revised, and updated in accordance with the Agreement, solely for your own personal, non-commercial purposes. For the avoidance of doubt, your use of the Services intended for Individual Use only may not be utilized for business purposes or to build an application intended for use by end users other than you, and you may not redistribute or share any financial data with other individuals.

Account

You must open an account with us to use the Services. During the registration process we will ask you for information, which may include but is not limited to, your name, e-mail address, and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. We reserve the right to change the account type, downgrade, suspend, or terminate your Account and the account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

You represent and warrant that you are at least eighteen (18) years old. You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Services.

You are solely responsible for any and all activities conducted under your account including your API keys. You agree to notify us immediately of any unauthorized use or any other breach of security on your account or API keys. We shall not be liable for any loss incurred in connection with or resulting from any party’s unauthorized use of a password, account, or API keys. You acknowledge and agree that losses incurred by us or another party due to the unauthorized use of your account, API keys, or password are solely at your liability - accordingly, you are solely responsible for maintaining the confidentiality of your account password, username, and any other credentials relating to your account. Unauthorized use of another’s account or password is strictly prohibited.

We reserve the right to disable your account, including your API keys, at any time, including if you have failed to comply with any of the provisions of the Agreement, or if activities occur on your account or through your API keys which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.

Conduct

You may not do, attempt to do, enable, or encourage anyone else to do, any of the following:

• Use the Services for any illegal purpose or violate any applicable federal, state, local, national, or international laws or regulations (including sanctions laws), or the Agreement;
• Violate any rules, regulations or laws of the Financial Industry Regulatory Authority, Inc., the Securities and Exchange Commission, the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association, or any commodities or futures contract market or association;
• Violate any terms and conditions of any Additional Terms or agreements with any Third Party Providers;
• Violate, or encourage others to violate, any right of a third party, including by (i) infringing or misappropriating any third party intellectual property right, (ii) using any trademarks, service marks, design marks, logos, photographs or other content belonging to Datanapis or obtained from the Services, (iii) making unauthorized copies of any content made available on or through the Services, or (iv) misrepresenting information or defacing or removing any intellectual property marks transmitted with the Services;
• Provide any false personal information to us, create a false identity or impersonate another person or entity in any way or perform any fraudulent activity including claiming a false affiliation, accessing any other Services account without permission, or falsifying your age or date of birth;
• Interfere with security-related features of the Services or any user’s enjoyment of the Services, including by: (i) using any device, software or routine to interfere or attempt to interfere with the proper working of the Services, or any activity conducted on the Services, (ii) disabling or circumventing features that prevent or limit use or copying of any content, (iii) attempting to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Services except to the extent that the activity is expressly permitted by applicable law, (iv) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code, (v) disrupting any network, equipment, or server connected to or used to provide the Services, (vi) disabling, overburdening, impairing, damaging, or hijacking the operation of any hardware, software or telecommunications equipment or any other aspect of the Services or communications equipment and computers connected to the Services, (vii) accessing, tampering with or using non-public areas of the Services, Datanapis’s (and its hosting company’s) computer systems and infrastructure or the technical delivery systems of Datanapis’s providers, (viii) creating a new account with Datanapis, without Datanapis’s express written consent, if Datanapis has previously disabled or suspended an account of yours, or (ix) using the Services, without Datanapis’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming, (x) gaining unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services, (xi) bypassing any approved software through which the Services is made available, (xii) framing or linking to any of the materials or information available on the Services, or (xiii) interfering with or disrupting the Services, networks or servers connected to the Services or violate the regulations, policies or procedures of those networks or servers;
• Interfere with any user’s enjoyment of the Services by: (i) restricting, discouraging, or inhibiting any person from using the Services, disclose personal information about a third person on the Services or obtained from the Services without the consent of that person, or collect information about or threaten, harass, demean, embarrass, menace or intimidate users of the Services; (ii) making any unsolicited offer or advertisement to another user of the Services, (iii) collecting personal information about another user or third party without consent, (iv) soliciting, or attempt to solicit, personal information from other users of the Services, or (v) using the Services to send communications to persons who have requested that you not send them communications;
• Sell or otherwise transfer the access granted under the Agreement or any of Datanapis’s materials or any right or ability to view, access, or use any of Datanapis’s materials;
• Use or attempt to use another user’s account;
• Pose as another person or entity or otherwise falsify your account information;
• Duplicate, license, sublicense, publish, broadcast, transmit, distribute, redistribute, perform, display, sell, resell, rebrand, or otherwise transfer the Financial Data or information found on the Services except as permitted in the Agreement, or as expressly authorized by Datanapis in writing;
• Adapt, modify, or create derivative works based on the Services or the technology underlying the Services in whole or part;
• Use the Services to carry out any financial activities subject to registration or licensing; or (p) Promote, offer for sale or sell any security or item, good, or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations

Payment Obligations

You authorize us to charge your designated payment method. By providing an acceptable payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us or our third-party payment processor to charge your payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Paid Service may be downgraded, suspended, or canceled. You must resolve any problem we encounter in relation to the payment method you provide in order to proceed with your use of the Service. You authorize us or our third-party payment processor to charge your payment method for the corresponding amount. This payment obligation shall survive termination or cancellation of this Agreement for any reason whatsoever. Unless otherwise indicated, all Fees and other charges are quoted in U.S. Dollars ($), and all payments must be in U.S. Dollars ($).

We reserve the right to change prices of the Services, from time to time. We will attempt to give you advance notice of any such price changes prior to the next billing cycle. If you accept a promotional offer or make changes to your Paid Services, the Fees, Taxes, and amounts billed may vary. In addition, billing amounts may also vary due to changes in applicable Taxes or currency exchange rates.

Intellectual Property

The Services contain material that is derived, in whole or in part, from material owned by Datanapis as well as third-parties. We expressly and exclusively reserve for ourself (and our licensors) any and all registered and unregistered rights (whether or not registrable) granted, applied for, or otherwise now or hereafter in existence under or related to any patent or patentable subject matter, copyright or copyrightable subject matter, trademark or trademarkable subject matter, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world (the “Intellectual Property Rights”) that are created, generated, acquired, or used in connection with the Services. Nothing herein shall be deemed to grant any rights or licenses to our Intellectual Property Rights to you, except as is expressly required for you to use the Services (but not apart from your use thereof). In addition, you agree to preserve the confidentiality of the Services and to maintain the Intellectual Property Rights of Datanapis and its Third Party Providers.

Termination

The “Term” of the Agreement will begin on the date that you accept these Terms by creating an account and continue until the Agreement is terminated as set forth herein.

If you purchase a Paid Subscription Service, your subscription term may vary as continuous, monthly, or annual term (“Subscription Term(s)”), as described in the applicable Order Form in the course of purchasing the Paid Subscription Service. Your subscription to a Paid Subscription Service will auto-renew for additional Subscription Terms until your subscription is canceled by you, downgraded to a Free Service, or suspended, downgraded, or terminated by us.

The Agreement shall continue in full force until terminated or canceled pursuant to the Agreement. We shall have the right to terminate the Agreement: (a) for any reason whatsoever by providing thirty (30) days’ notice to you; (b) immediately for your material breach of the Agreement, other than non-payment of Fees; or (c) for non-payment of Fees. Notwithstanding the foregoing, we reserve the right, in our sole discretion and without notice, at any time and for any reason, to remove, modify, suspend, downgrade, or disable access to all or any portion of the Services.

At any time, you may stop using the Services, and you may terminate the Agreement for any reason whatsoever by contacting info@datanapis.com.

You may cancel a subscription to a Paid Subscription Service at any time. Your cancellation will take effect at the end of the current Subscription Term. Cancellation does not entitle you to the refund of any previously paid Fees, and you will not receive a prorated refund for the remainder of the Subscription Term. In the event you cancel your subscription, note that we may still send you promotional communications, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.

When you cancel a Paid Subscription Service, you cancel only future charges for your subscription. You may not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Paid Subscription Service until the end of that current Subscription Term. At any time for any reason, we may provide a refund, discount, or other consideration (“Credits”) to some or all of our users. The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide credits in the future.

If the Agreement or your account are terminated or suspended for any reason: (a) the license and any other rights granted under the Agreement will end, (b) you agree to immediately terminate and cease use of all Services, (c) you agree to cease all use of the Data downloaded from Datanapis; (d) we may (but have no obligation to) delete your information and account data stored on our servers, and we will not be liable to you or any third-party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data.

Modification

As our business evolves, we may make commercially reasonable updates to the Services from time to time. We may also change these Terms and the other components of the Agreement (except any Order Forms). You can review the most current version of these Terms at any time by visiting this page and by visiting the most current versions of the other pages that are referenced in these Terms. The materially revised Terms will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If you access or use the Services after the effective date, that use will constitute your acceptance of any revised terms and conditions.

Privacy

Please refer to our Privacy Policy, as updated from time to time, for information about how we collect, use, and share your information. By using and providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Disclaimer

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DATANAPIS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT THERETO. DATANAPIS DISCLAIMS ALL IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND DOES NOT REPRESENT OR WARRANT: (A) THAT THE CONTENT OR THE FINANCIAL DATA PROVIDED WILL MEET YOUR SPECIFIC REQUIREMENTS OR IS TIMELY, CORRECT, ADEQUATE, ACCURATE, OR COMPLETE; OR (B) THE AVAILABILITY OF THE SERVICES THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. DATANAPIS HAS NO RESPONSIBILITY TO MAKE CORRECTIONS OR UPDATES TO THE CONTENT OR THE FINANCIAL DATA OR THE SERVICES. YOUR USE OR RELIANCE ON THE SERVICES IS SOLELY WITHIN YOUR DISCRETION AND AT YOUR RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. IT IS EXPRESSLY UNDERSTOOD THAT THE CONTENT AND THE FINANCIAL DATA ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO PROVIDE LEGAL, TAX, INVESTMENT, OR ACCOUNTING ADVICE, NOR SHOULD THE CONTENT OR THE FINANCIAL DATA BE CONSTRUED AS A RECOMMENDATION, OR AN OFFER TO BUY OR SELL, OR THE SOLICITATION OF AN OFFER TO BUY OR SELL ANY SECURITY, FINANCIAL PRODUCT, OR INSTRUMENT OR TO PARTICIPATE IN ANY INVESTMENT STRATEGY. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE. YOU SHOULD CONSULT YOUR LEGAL OR TAX PROFESSIONAL REGARDING YOUR SPECIFIC SITUATION. NO DETERMINATION OF YOUR SUITABILITY FOR OR THE APPROPRIATENESS OF ANY SERVICES PROVIDED BY DATANAPIS HAS BEEN MADE.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Datanapis, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Datanapis Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of, or are related to: (a) your access and/or use of, or interaction with the Services (including, without limitation, Financial Data); (b) any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; (c) your violation of the Agreement; (d) your violation of the rights of any third-party; and/or (e) your violation of any applicable laws, rules, or regulations.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL DATANAPIS OR ITS THIRD-PARTY PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR THE SERVICES, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF DATANAPIS OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICES. ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.