Application programming interfaces license agreement

Last Update: 1st of May 2022

If you have any questions about this Application Programming Interfaces License Agreement , please feel free to contact us by email at [email protected]

This Application Programming Interfaces License Agreement ("Agreement") is a legal agreement between you or any company you represent ("Licensee") and KUNA ("We", "Licensor") for the API delivered by KUNA to the Licensee.

Application Programming Interfaces ("API") means KUNA platform technology and its related services, which may include object code, software libraries, software tools, sample source code, published specifications and documentation (e.g. programmer guides, manuals and other information appropriate or necessary for use in connection with the API). API shall include any future, updated or otherwise modified version(s) thereof furnished by KUNA (in its sole discretion) to Licensee.

This Agreement is effective when Licensee installs, downloads, copies, or otherwise uses the API. If Licensee does not agree to the terms and conditions of this Agreement, Licensee's use of API is prohibited.

The API is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

In case this Agreement is presented in different languages, the text in English shall prevail.

1. License and other rights

  • 1.1. License. Subject to the terms and conditions of this Agreement, we grant Licensee a limited, non-exclusive, non-transferable, worldwide, royalty free License to use the API only and solely in conjunction with our Services and the associated API (and for which the API was provided). You may do the following under this API License:
    • access information provided by KUNA via the API ("Database") only in the manner permitted by KUNA;
    • retrieve public information about the blockchains, including transaction history, balances, addresses, aggregate statistics;
    • receive notifications about payments to particular addresses;
    • observe transactions on the network in real time;
    • retrieve current market prices;
    • use the API as often and as many times as necessary to conduct your business;
    • send assets, generate addresses and private keys, generate and modify address labels;
    • query the Database, execute transactions and retrieve therefrom information necessary to facilitate the Permitted Use provided for in this Section; such information stored and/or retrieved in the Database (but exclusive of your information not accessed by the API) is defined as "Content";
    • abide by this and all other agreements you have or will enter into with KUNA.

Any combination of the foregoing bulleted subsections above are "Permitted Use". Permitted Use is subject to all restrictions identified herein.

  • 1.2. No sublicensing. This Agreement is personal to you and you shall not assign, transfer, sub-contract, or deal in any other manner with any of your rights and obligations under this Agreement without the prior written consent of KUNA. KUNA may at any time assign, transfer, sub-contract, or deal in any other manner with any of its rights and obligations under this Agreement without your consent.
  • 1.3. General Conditions and Restrictions. Licensee shall have no rights to any source code for any of the software in the API, except for the explicit rights to use the source code as provided to Licensee hereunder. Licensee may not reverse engineer, decompile, modify, disassemble or otherwise alter the API or any part thereof or otherwise reduce the API to human-perceivable form in whole or in part, except and only to the extent that such activity is expressly permitted by this Agreement or applicable laws.
  • 1.4. Third Party Software. You acknowledge that use of the API may necessitate the use of development tools, a compiler, and/or additional software and/or technology from third affiliates or providers ("Third Party Software"), which may or may not be affiliated with KUNA. You are solely responsible for obtaining any warranted Third Party Software and technology, as well as the necessary licenses for use. We make no representations or warranties about Third-Party Software and assume no obligation or liability for any Third-Party Software.
  • 1.5. Trademark Ownership. All of KUNA's trademarks and service marks, including its logo, are owned by the company ("KUNA Marks"). You are granted a non-exclusive, non-transferable, non-sublicensable, non-assignable right to display the KUNA Marks on your site while this Agreement is in effect. We may from time-to-time update or revise our trade dress and, in such event, you agree to immediately remove any non-current KUNA Marks from your site. We may also revoke this limited grant at any time and for any reason. If you use the KUNA Marks your use is at your own risk. You agree that you will not seek indemnity from us in the event of a claim from a third party arising out of your use of the KUNA Marks. We make no representation nor do we warrant or agree to defend or hold you harmless from any such claim. We shall not be liable for any costs or damages (including attorneys' fees) associated with claims made against you related to the KUNA Marks.
  • 1.6. Prohibited Functions. Unless otherwise stated, all new KUNA's User registrations on items shall take place on the KUNA's Site and cannot be done through the API. In addition, all KUNA's User preferences, registration preferences, and privacy preferences shall be set by the KUNA's User directly on the KUNA's Site.
  • 1.7. Support. We will not provide any support for the API under this Agreement. Nothing herein shall be construed to require us to provide consultations, support services or updates, upgrades, bug fixes or modifications to the API.

2. Security

2.1. You acknowledge that it is in the best interests of both parties that KUNA maintains a secure and stable environment; to that end, KUNA reserves the right to change the method of access to the API, Database and/or Content at any time. You also agree that, in the event of degradation or instability of KUNA's system or an emergency, KUNA may, in its sole discretion, temporarily suspend your access to the API, Database and/or Content under this Agreement in order to minimize threats to and protect the operational stability and security of the KUNA system.

3. Confidentiality

  • 3.1. Confidential Information means any non-public information disclosed by either party to the other that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential.
  • 3.2. Each party shall treat Confidential Information as strictly confidential and use the same care a reasonable person would under similar circumstances. The parties agree not to use such Confidential Information except for the purposes set forth in the Agreement and shall disclose such Confidential Information only to those persons (a) whose duties justify their need to know such information, and (b) who have been informed of their obligation to maintain the confidential status of such Confidential Information. The receiving party will promptly notify the disclosing party if the receiving party learns of any unauthorized possession, use or disclosure of the Confidential Information and will provide such cooperation as the disclosing party may reasonably request, at the disclosing party's expense, in any litigation against any third parties to protect the disclosing party's rights with respect to the Confidential Information.
  • 3.3. Each party must hold the other party's Confidential Information secure and in confidence, except to the extent that such Confidential Information: a. is required to be disclosed according to the requirements of any law, judicial or legislative body or government agency; or b. was approved for release in writing by the other party, but only to the extent of and subject to such conditions as may be imposed in such written authorization.
  • 3.4. The provisions of this Article 3 shall continue to apply after expiry or termination of this Agreement.

4. Data protection

4.1. Please read our Privacy Policy, for more information about how we collect and use personal information about you when you use and interact with our Services.

5. Warranties

  • 5.1. KUNA warrants that it has the right to license the API to you for your use in accordance with the terms of this Agreement.
  • 5.2. The API is provided on an "as is" basis and KUNA does not warrant that:
    • the API will be free of bugs or errors or that the supply will be free from interruption;
    • the API will run on your systems or hardware and you acknowledge that this is your responsibility;
    • the API is complete, reliable, useful, fit for purpose or timely.
  • 5.3. You warrant and represent that you are not barred by any applicable laws or regulations from being provided with or using the API. You acknowledge and agree that you must not use the API in any country that is subject to an embargo by the United States or European Union applicable to the API or their provision to you.
  • 5.4. Any warranties given by KUNA shall be subject to you using the API in compliance with this Agreement, and KUNA shall not be liable under this clause for, or required to remedy, any problem arising from:
    • any modification made to any part of the API by anyone other than KUNA without its express prior written consent; or
    • any defect or error wholly caused by any equipment or third-party software used in connection with the API.
  • 5.5. Except as expressly stated in this Agreement, all warranties, conditions and terms, whether express or implied by statute, common law or otherwise are hereby excluded to the maximum extent permitted by law.

6. Limitation of liability

  • 6.1. EXCEPT FOR LICENSEE'S INDEMNIFICATION OBLIGATIONS, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THIS AGREEMENT, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR FOR ANY TYPE OF INDIRECT, 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, THE API OR THE SERVICES, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
  • 6.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO LICENSEE OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, SHALL IN NO EVENT EXCEED ONE HUNDRED EUROS. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR OF THE FIRST EVENT OR OCCURRENCE GIVING RISE TO THE CLAIM.
  • 6.3. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to the Licensee. IN THESE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. Indemnification

  • 7.1. You shall indemnify KUNA against any and all claims, losses, liabilities, costs and expenses, including reasonable attorneys' fees (collectively, "Claims") which KUNA may incur as a result of any third party actions arising from or relating to: (1) Your or Third Party Service Provider's use of the API, the Content, Database, Services or Technology in excess of the rights granted hereunder or (2) Content, Database, Technology, or Services provided by You or others on your behalf.
  • 7.2. The provisions of this Article 7 shall continue to apply after expiry or termination of this Agreement.

8. Termination

  • 8.1. This Agreement and the license granted herein commences upon the start of use of the API by the Licensee.
  • 8.2. We reserve the right to terminate this Agreement at any time and for any reason in its sole and exclusive discretion. We will endeavor to provide advanced notice of any termination unless impracticable or unreasonable under the circumstances.
  • 8.3. Upon termination of this Agreement, all licenses granted pursuant to this Agreement will immediately terminate unless such licenses are expressly stated as surviving.
  • 8.4. This Agreement will terminate automatically if you fail to comply with any of the terms and conditions of this Agreement and you will be liable to KUNA and its suppliers for damages or losses caused by your non-compliance. The waiver by us of a specific breach or default shall not constitute the waiver of any subsequent breach or default.
  • 8.5. Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry. Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this Agreement shall remain in full force and effect.
  • 8.6. On any expiry or termination of this Agreement, you shall:
    • cease to access and use the API;
    • as soon as reasonably practicable destroy all Confidential Information in your possession or control; and
    • without limiting the effect of the first item on the list, you shall as soon as reasonably practicable ensure that all API is deleted from your hardware, systems and products.

9. Governing law and arbitration

  • 9.1. This Agreement and any dispute or claim arising out of, or in connection with, its subject matter or formation shall be governed by, and construed in accordance with, the laws of Lithuania.
  • 9.2. Parties agree to arbitrate any dispute arising from this Agreement, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS THE LICENSEE FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. Parties agree to notify each other in writing of any dispute within thirty calendar days of when it arises. Notice to KUNA shall be sent to [email protected].
  • 9.3. Any dispute, controversy, difference or claim arising out of or relating to the Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in the English language.
  • 9.4. Other than className procedures and remedies discussed above, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, Parties will not commence against the other a className action, className arbitration or representative action or proceeding.

10. Miscellaneous

  • 10.1. Assignment. You may not assign rights nor delegate duties hereunder without KUNA's prior written consent, which may be withheld at its sole discretion. A change of control or reorganization of Licensee pursuant to a merger, sale of assets or stock shall be deemed to be an assignment under this Agreement. This Agreement shall terminate immediately upon the occurrence of any prohibited assignment.
  • 10.2. Uptime. We do not guarantee that the API (and/or Websites) will be available 24 hours a day, seven days a week. We also reserve the right to limit the rate and usage of our API (and/or Websites) as appropriate.
  • 10.3. Waiver. No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
  • 10.4. Entire agreement. This Agreement represents the complete agreement concerning the API and oral amendments are void. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
  • 10.5. Severability. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way.