Terms and Conditions

Modified and Effective on December 21, 2022

USER AGREEMENT

END-USER LICENSE AGREEMENT FOR METALS-API This license agreement applies to http://www.metals-api.com/, a product of Klazify Inc. The Free plan cannot be used for any commercial or public use or redistribution under any circumstances. The responses provided in the free plan are licensed for personal use and for testing use only. Only the responses generated using a paid subscription are licensed to allow public and commercial purposes and/or redistribution.


IMPORTANT – READ CAREFULLY

Please read the following license agreement. You must agree to its terms before signing up, using, running or subscribing to The Product via the API or the web user interface. This end-user license agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Klazify Inc. which includes computer software, web, and mobile application, electronic documentation, and printed materials. The Product also includes any updates and supplements to the original version provided to you. By signing up or accessing The Product, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this EULA, do not sign up, subscribe, access, integrate, run, or otherwise use The Product. The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.


LICENSE AND OTHER SERVICES

When subscribing to The Product, we hereby grant you a nonexclusive, non-sublicensable worldwide license to access and use The Product. Other than the rights expressly licensed hereunder to you, no other rights or interests whatsoever are granted. Without limiting the foregoing, you may not: (i) provide or share the username, the passwords and the access keys assigned to you with any third party; (ii) use The Product to perform any illegal activity or to perform any other action that may otherwise infringe upon third party rights; (iii) use The Product for any unlawful purpose (including, without limitations copyright infringement) or (iv) sell, rent, lease, sublicense or otherwise transfer your rights under this Agreement, The Product or portions of it. While we own or have a right to use the underlying technology of The Product, as the case may be, you own all of the content and information that is conveyed or transmitted via The Product (the “Content”). You further represent that you have all rights to distribute such Content, agree to do so solely for lawful purposes, and recognize that you shall be solely responsible for such Content. You expressly agree that you will not transmit or convey any Content that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of any third-party; (3) would invade the privacy of any other person; (4) contains a harmful program or component; or (5) is otherwise inappropriate or unlawful. You also expressly agree that you will not: (a) after receiving a warning, continue to convey or transmit Content which we have advised you not to convey or transmit; or (b) attempt to gain unauthorized access to restricted areas of the Web Site, other accounts, computer systems or networks connected to the Web Site, through password mining or any other means.


COPYRIGHT

All titles and copyrights in and to The Product (including, but not limited to, any images, photographs, animation, video, audio, music, text, and “applets,” incorporated into The Product), the accompanying printed materials, and any copies of the Product, are owned by Klazify Inc. The Product is protected by copyright laws and international treaty provisions. Therefore, you must treat The Product like any other copyrighted material.


DISCLAIMER OF WARRANTIES

Except for the limited warranty provided above, The Product is provided “as is.” Klazify Inc. and the third-party providers disclaim all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for particular purposes, and non-infringement. Without limitation of the foregoing, Klazify Inc. and the third-party providers do not warrant that: (a) The Product will be error-free, (b) your use of the Product will be uninterrupted or error-free, (c) the Product will meet your requirements, or (d) the Product will operate with the hardware or software configuration you choose.


YOUR SPECIFIC RIGHTS

Some jurisdictions do not allow the exclusion of damages or limitations of liability, so the above exclusions or limitations may not apply to you. Your specific rights may vary from jurisdiction to jurisdiction.


CUSTOMER REMEDIES

Klazify Inc. entire liability and your exclusive remedy shall not exceed the price paid for The Product. Any refund request must be in accordance with our Refund Policy.


NO LIABILITY FOR CONSEQUENTIAL DAMAGES

To the maximum extent permitted by applicable law, in no event shall Klazify Inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Klazify Inc. has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you


ABOUT THE SUBSCRIPTIONS

USER REGISTRATION

It may also be required for you to register on the website. You commit to keep your password private and accept responsibility for any and all account activity. If we decide, in our sole discretion, that the username you choose is improper, objectionable, or otherwise unacceptable, we have the right to remove, reclaim, or replace it. If you share your password, you will be responsible for the consumption that your account has.


FREE PLAN

When new users sign up on the website, we give them a free plan. The user's selected subscription will be charged to the account. We retain the right to at any time and without prior notice discontinue the free plan option. Users subscribed to this plan do not have the right to claim any type of compensation for malfunctioning of the service. The Free plan cannot be used for any commercial or public use or redistribution under any circumstances. The responses provided in the free plan are licensed for personal use and for testing use only. Only the responses generated using a paid subscription are licensed to allow public and commercial purposes and/or redistribution.


SUBSCRIPTION PERIOD

Only a paid Subscription is required to access the Service or certain portions of the Service. Depending on the type of Subscription plan you choose when purchasing the Subscription, you will be invoiced in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually). Unless you or the company decide to terminate it, Your Subscription will automatically renew at the end of each period under the same terms.


MULTIPLE SUBSCRIPTIONS

The Product supports multiple paid subscriptions. That is, you can have two or more paid subscriptions simultaneously of different paid plans. You should note that the action of subscribing to a more expensive plan does not automatically cancel the previous plan. If you don’t want to continue with some plan, you must cancel it manually. By signing up, you agree with this methodology, accept it, and understand that you cannot get a refund for this reason.


FEES AND PAYMENT

The following are the payment methods we accept:

  • Stripe (Visa, Amex, Mastercard, etc.)
  • Paypal

To access any of our paid subscriptions, you might need to make a purchase or pay a charge. For any purchases made through the Site, you promise to supply information that is up to date, complete, and accurate. In order for us to execute your transactions and get in touch with you as necessary, you also consent to immediately updating your account and payment information, including your email address, payment method, and credit card expiration date. For purchases made through the Site, we bill you using a web-based billing account. As required by us, sales tax will be charged to the cost of purchases and it will be additional to the prices shown in the pricing section. Prices are subject to change at any time. Every payment must be made in US dollars. You consent to paying all fees or charges at the rates in place at the time.


BILLING

You must give to Klazify Inc. complete and accurate billing information, including your full name, address, state, zip code, phone number, and information on a legitimate payment method. If for any reason automatic billing is unable to take place, Klazify Inc. will send you an electronic invoice informing you that you must manually make the entire payment corresponding to the billing period specified on the invoice by a specific deadline date. If you do not make the payment before the due date, Klazify Inc. will suspend access to the features and services included by the paid subscription and your account will revert to the free plan.


REFUND POLICY

Refunds are valid within 2-hours after the time of purchase and only apply to the first payment we receive, as long as you haven’t made more API Calls than those offered in the free plan. If for any reason the payment for your subscription is doubled, only requests for a refund of the doubled payment will be accepted within 72 hours after the payment is confirmed. Refund requests for duplicate payments made in months earlier than the current month won't be accepted. If you cancel your paid subscription on the website and, for any reason, the subscription cannot be canceled automatically in your Stripe or Paypal account, claims will only be accepted within 72 hours of the cancellation made on the website. After this period, claims for refunds will not be accepted. To request a refund, please email us at support[@]metals-api.com with your purchase information and explain why. Our Customer Service team will analyze your claim and return a response. In the event that the refund request is accepted, a credit will be issued back to the credit card used to purchase the software.


CANCELLATION POLICY

You can cancel your subscription at any time by logging into your web account. Your cancellation will be effective immediately, and any unused API calls and other features will not be refunded. Nor will a refund or credit note be made for unused days. If you are having difficulty canceling your paid subscription via the website, please send an email to support[@]metals-api.com from the email address you used to register your account. We will not accept a cancellation request from an email account different from the one used to register your account. Sending the email with the cancellation request does not mean that your account will be automatically canceled. You must wait for instructions or confirmation from our customer support team.


SERVICE SUPPORT

Standard support services are included for all product plans Monday - Friday from 8 am to 5 pm EST via chat or email. If you require a more advanced level of support, you can contact us to acquire an Enterprise Plan.


SERVICE LEVEL AGREEMENT

Klazify, Inc. and its dedicated support team work hard to provide high-quality service that meets the needs of even the most demanding customers. This is why all of its infrastructure is hosted in the cloud with top-of-the-line services that include backup and redundancy. In addition, all our services are monitored by an Operations Center capable of quickly identifying any type of failure and executing the planned contingency plans. Despite all such efforts, you acknowledge that The Product may not be accessible for any reason related or not to Klazify Inc. and that refund requests related to service downtime will not be honored. If you need a custom service level agreement, please contact us to purchase an Enterprise Plan that meets your specific requirements.


API RESPONSE ACCURACY

The Product replies to API queries with live information or with information stored in the database. It is understood that The Product collects information from several data sources, processes it, applies AI algorithms, and returns the answer as accurately as possible. You understand and accept that the information may not always have the expected accuracy and that the lack of precision or the lack of data cannot be understood as a lack of service. You also accept that you will not be able to make refund claims for this reason, however, you can report this inaccuracy to the Customer Support team, who will escalate the issue to the Product Administrator to evaluate the improvements to be implemented.


ABOUT THE API CALLS

The API Calls described in The Product refer to an API query. Queries made through the web interface are also considered an API Call. It will be considered a successful API CALL whenever the "Success" object returned is equal to "true". Any response with the success object "false", will not be deducted. If the API query returns a "true" response but the information is inaccurate or incomplete, the API call will be deducted.


USAGE LIMITS

The extent of your usage of The Product is dependent on your subscription plan. You shall not exceed the usage limits associated with your account. Unused amounts of call usage will not be carried over from one monthly period to the next. If You exceed Your monthly usage limit, The Product will return an error message stating that your monthly usage limit has been reached and no further API calls can be made within the current monthly term. It is your sole responsibility to ensure that your application(s) properly detect and handle any returned error messages. Klazify Inc. will make reasonable efforts to help you identify and resolve usage problems, or to review the suitability of your current subscription plan for your needs. Klazify Inc. reserves the right to limit or throttle the number of network calls available to Your application(s) if Klazify Inc. (in its sole discretion) believes that such calls are being made for malicious reasons, or as the result of a technical error.


RIGHT TO CHANGE CONTENT OF FORMAT

You acknowledge that Klazify Inc. may from time to time, and in its sole discretion, update or change the content or format of The Product data. Klazify Inc. shall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since Klazify Inc. strives to accurately reflect these and adjust to these changes, significant advance notice is not always possible. You may be required to use the most recent version of The Product in order to ensure functionality of your application(s) with The Product Data & Services.


FORCE MAJEURE

Klazify Inc. shall have no liability to the Customer under the Contract if it is prevented from or delayed in performing its obligations under the Contract, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Klazify Inc. or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Klazify Inc. or sub-contractors, provided that the Customer is notified of such an event and its expected duration.


PUBLICITY

By creating an account on The Product, you agree that Klazify Inc. may include the name and its trademarks in a list of customers for promotional purposes. Your name or your trademarks may be used in press releases, on the website, in newsletters, in business presentations with other prospects, and in any other promotional material that Klazify Inc. deems necessary. You may opt out of the provisions of this section by contacting Klazify Inc. and expressly requesting not to use its name or trademark for promotional purposes.