Terms of Service

Last modified: 11-09-2018

Overview

All use of the website, information, services, and content distributed through or in conjunction with or made available on the website is offered to you subject to your acceptance of these Terms of Service and our Privacy Policy. By purchasing any goods or services from this website, you are furthermore bound by this site's Service Agreement.

The following terms and conditions incorporate a legal agreement between you (“You”) and Metals-API LLC Metals-API LLC (“Metals-API LLC”, “Metals-API”) and set forth the terms and conditions by which Metals-API LLC will make the Metals-API API service available in order to electronically provide You with use of and access to Metals-API Data & Services.

Metals-API API Services

For the purposes of this Agreement, “Metals-API API Services” shall consist of:

  • all currency data and information feeds, media, software, and/or electronic documentation made available or supplied by Metals-API LLC or its licensees and
  • certain other software, data, and/or documents supplied by Metals-API LLC or its licensees to facilitate use of such data or services. “Metals-API API Data and Services” means Metals-API LLC’s service or application programming interface that allows You and other authorized licensees to access Metals-API API Data & Services and make use of Metals-API API Services. This Agreement includes all amendments, addendums, and revisions to the terms herein in effect between You and Metals-API LLC from time to time.

Acknowledgement

By accessing or otherwise using the Metals-API API, You acknowledge that You:

  • have read all of the terms and conditions of this Agreement;
  • agree to be bound by the terms and conditions of this Agreement;
  • agree to check the Metals-API API pages from time to time for any updates or amendments to the terms and conditions of this Agreement; and,
  • have the power and authority to enter into this Agreement. If You do not acknowledge the above, You may not access or use the Metals-API API. If You are dissatisfied with the terms, conditions, rules, policies, guidelines, or practices of Metals-API LLC, Your sole and exclusive remedy is to discontinue accessing or otherwise using the Metals-API API.

Company Information

Metals-API.com is a site operated by Metals-API LLC, a technology company registered in London, UK at the following location:

London Office (HQ):
17a Radipole Road,
SW65DN,
London UK

Scope of License

Grant of License

Metals-API LLC hereby grants to You a non-transferable, non-exclusive, revocable, and limited license for the term of this Agreement to access the Metals-API API and use Metals-API API Data & Services strictly for the limited purposes, and under the terms and conditions, as are set forth in this Agreement.

Scope of the Metals-API API License

Subject to Your compliance with the terms of this Agreement, You are hereby permitted to receive, process, and display Metals-API API Data & Services to individual end-users of your application(s), provided

  • such end users use Metals-API API Data & Services strictly for their own personal use,
  • You do not permit Your end users to store, distribute, or otherwise exploit Metals-API API Data & Services for any other purposes.

For clarity, and without limiting the forgoing, You are permitted solely to use Metals-API API Data & Services for reference by Your end users. Except as expressly provided herein, under no circumstances whatsoever may You transfer or permit the transfer of Metals-API API Data & Services outside of your application(s).

Use of License

Restrictions

You shall not:

  • reproduce, copy, modify, distribute, market, display, transfer, sublicense, assign, prepare derivative work(s) or adaptation(s) based on, sell, exchange, barter or transfer, rent, lease, loan, time-share, resell, or in any other manner exploit Metals-API API Data & Services or the Metals-API API;
  • make access to Metals-API API Data & Services or the Metals-API API available to unauthorized parties, or otherwise post or distribute Metals-API API Data & Services in any public forum including, but not limited to, print, newsletters, radio, television, or internet;
  • remove, obscure, or alter any required notice or any notice of Metals-API LLC’s intellectual property rights present on or in the Metals-API API, including, but not limited to, copyright, trademark, and/or patent notices;
  • disassemble, translate, reverse engineer or otherwise decompile Metals-API API Data & Services or the Metals-API API;
  • knowingly cause or permit anything that will impair, jeopardize, violate, or infringe the intellectual property rights of Metals-API LLC in Metals-API API Data & Services or the Metals-API API;
  • directly or indirectly dispute or contest the ownership, validity, or enforceability of the intellectual property rights of Metals-API LLC in Metals-API API Data & Services or the Metals-API API, or assist any party to do so;
  • through Your use of Metals-API API Data & Services or the Metals-API API, knowingly cause or permit anything that You know or ought to know will prejudice or hamper the reputation or goodwill of Metals-API LLC;
  • claim, use, or apply to register, record, or file any trade mark, trade name, copyright, or design that is identical or confusingly similar to Metals-API LLC’s trademarks, or assist any other party to do so;
  • use, store, or access any Metals-API API Data & Services, or the Metals-API API after the termination of this Agreement;
  • use or permit others to use, market, distribute, or export Metals-API API Data & Services, or the Metals-API API; or,
  • use Metals-API API Data & Services or the Metals-API API in any manner or for any purpose that violates any law, regulation or right of any person.

Attribution

While usage of the Metals-API API is not subject to Your end users being made aware by You that Metals-API LLC is supplying the functionality you are making use of in your application(s), Your inclusion of a clickable hyperlink to the Metals-API API website at https://Metals-API.com would be highly appreciated.

Your Responsibility to Safeguard

You shall use Your best efforts and take all necessary steps to safeguard Metals-API API Data & Services to ensure that no unauthorized reproduction, publication, disclosure, modification, distribution, or other use of any Metals-API API Data & Services is made in whole or in part. To the extent that You become aware of any such unauthorized use of Metals-API API Data & Services, You shall immediately notify Metals-API LLC by emailing “[email protected]”.

Misuse of the Licensed Product

In the event that You or any end users use Metals-API API Data & Services or the Metals-API API in violation of this Agreement, as applicable, Metals-API LLC shall have the option of electing liquidated damages.

Services and Data

Use of the Metals-API API

Subject to the terms herein, Metals-API LLC will provide You with access to Metals-API API Data & Services over the Internet through the Metals-API API. All calls to the Metals-API API must reference the credentials issued to You by Metals-API LLC. You may not disclose Your credentials to any other party. You are solely responsible for ensuring the secrecy and security of Your credentials and will be responsible for all activities that occur using such credentials. You shall not use the Metals-API API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.

Usage Limits

The extent of Your usage of the Metals-API API 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 Metals-API API 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. Metals-API LLC 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. Metals-API LLC reserves the right to limit or throttle the number of network calls available to Your application(s) if Metals-API LLC (in its sole discretion) believes that such calls are being made for malicious reasons, or as the result of a technical error.

Responsibility for Software and Hardware

You shall be solely responsible for acquiring, providing, and maintaining all software/hardware and Internet Services required to access the Metals-API API, including but not limited to telecommunication and internet connections, ISP, web browsers, and/or other equipment and software required to access and use the Metals-API API.

Services May Be Inaccessible Or Inoperable

You hereby acknowledge that from time to time, the Metals-API API may be inaccessible or inoperable for any reason, including, without limitation:

  • equipment (hardware) malfunctions;
  • software malfunctions;
  • periodic maintenance procedures or repairs which Metals-API LLC may undertake from time to time; and/or,
  • causes beyond the reasonable control of Metals-API LLC and/or not reasonably foreseeable by Metals-API LLC.

Service Level Agreement

If the Metals-API API is unavailable to all Metals-API API customers for more than three consecutive hours in any one calendar day, beginning at 12:00:01 AM London time (GMT + 01:00) and ending at 11:59:59 PM London time (GMT + 01:00) of the same day, an outage will be deemed to have occurred. If there are more than three outages within any one calendar week, beginning at 12:00:01 AM London time (GMT + 01:00) on a Monday and ending at 11:59:59 PM London time (GMT + 01:00) on a Sunday, then You may terminate this Agreement, without liability, by providing written notice to Metals-API LLC of Your intention to do so within one calendar week of the third outage. Upon such termination being accepted by Metals-API LLC, You shall be entitled to a refund equal to the amount You have paid for the latest term.

Right to Change Content or Format

You acknowledge that Metals-API LLC may from time to time, and in its sole discretion, update or change the content or format of Metals-API API Data or the Metals-API API. Metals-API LLC shall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since Metals-API LLC 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 Metals-API API in order to ensure functionality of Your application(s) with Metals-API API Data & Services.

Publicity

Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Each Subscriber agrees that Metals-API (Metals-API LLC) may include such Subscriber’s name and trademarks in a list of Metals-API (Metals-API LLC) Subscribers, online or in promotional materials. Each Subscriber also agrees that Metals-API (Metals-API LLC) may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this section by contacting Metals-API Support.

Proprietary Rights

Trademarks

"Metals-API", "Metals-API", the Metals-API logo and other identifying marks of Metals-API are and shall remain the trademarks and trade names and exclusive property of Metals-API LLC, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners.

Licensed, Not Sold

Use of Metals-API API Data & Services and the Metals-API API is licensed, and not sold.

Consent to Collection, Use, Retention, and Disclosure of Information

In the course of providing the Metals-API API, Metals-API LLC collects information, including standard information of the type normally exchanged when accessing any web site or web service. This information pertains only to the access of the Metals-API API, and is no different in nature to the information available to any Internet web server during the course of fulfilling a standard web request. Please read Metals-API LLC’s Privacy Policy. By agreeing to the terms of this Agreement, You are expressly consenting to Metals-API LLC’s collection, use, retention, and disclosure of information as set out in its Privacy Policy.

No Granting of Ownership Rights

You acknowledge that Metals-API LLC owns all right, title, and interest (including but not limited to all copyright rights therein) in and to the Metals-API API Data & Services or the Metals-API API, and that You shall not take any action inconsistent with such ownership. Nothing contained in this Agreement shall be construed as granting You or any end users any ownership rights in or to any Metals-API API Data & Services or the Metals-API API.

Metals-API LLC’s Right to Terminate

Metals-API LLC reserves the right at any time to terminate this Agreement, or withdraw from distributing Metals-API API Data & Services or providing access to the Metals-API API, if for any reason it no longer retains the right to publish or distribute the Metals-API API Data & Services.

Disclaimer

Provided in Good Faith

The Metals-API API is provided by Metals-API LLC in good faith and although Metals-API LLC endeavours to ensure that Metals-API API Data & Services and the Metals-API API are accurate and obtained from sources believed to be reliable, Metals-API LLC does not guarantee or warrant:

  • the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of Metals-API API Data & Services or the Metals-API API; or
  • that the Metals-API API Data & Services or the Metals-API API is free from errors or other material defects.

Disclaimer

The Metals-API API and Metals-API API Data & Services are provided “as is” and “as available”, without any warranty of any kind and Metals-API LLC, its affiliates, agents and/or suppliers, officers, directors, and employees expressly disclaim any and all warranties, whether expressed or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of third parties. In no event shall Metals-API LLC be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In no event shall Metals-API LLC, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the Metals-API API, be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In the event the limitations and disclaimers contained in this Article are found by a court of competent jurisdiction to be ineffective or inapplicable, the parties agree that Metals-API LLC’s maximum aggregate liability to You and all end users, whether arising in contract, tort, strict liability, or otherwise, shall be limited, and in no event shall it exceed, the amount of fees paid by You for the current term.

Disclaimer

You acknowledge that Metals-API LLC is not, and is not affiliated with, a financial institution or financial data feed provider, but obtains its financial data from a variety of sources. You further acknowledge that financial data often differs between financial institutions and between geographic jurisdictions and accordingly may vary from that provided by Metals-API LLC pursuant to this agreement. Although Metals-API LLC has used its commercially reasonable efforts to obtain the most accurate and timely financial data available from the aforementioned sources, Metals-API LLC makes no representations or warranties as to accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing or completeness of the Metals-API API Data or the Metals-API API. You acknowledge that no part of Metals-API API Data constitutes advice regarding financial, investment, legal, or tax issues, and that You and all end users should seek independent professional advice before making any decisions regarding such issues.

Disclaimer

Metals-API LLC does not represent or warrant that the Metals-API API, or access to the Metals-API API, will be uninterrupted or error-free or that errors in the Metals-API API and/or Metals-API API Data & Services will be corrected.

Disclaimer

In no event shall Metals-API LLC, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the Metals-API API be liable to You or to any end users in any manner whatsoever for any interruptions, delays, the unavailability or inoperability, inaccuracies, errors, or omissions, regardless of cause, in the Metals-API API and/or the Metals-API API Data & Services or for any losses, damages, liabilities or expenses resulting therefrom regardless of cause, even if Metals-API LLC knew or should have known of the possibility of or could have prevented such damages.

Indemnification by You

You shall indemnify, defend, and save harmless Metals-API LLC, its affiliates and subsidiaries, and their officers, directors, employees and agents from any loss, damage, liability or expense (including reasonable attorneys’ fees, accountants’ fees and other legal expenses) to which any of them may become subject to and which are in any way related to or which have arisen under or in connection with:

  • any act or omission by You or any person connected, affiliated, or associated with You with respect to this Agreement and/or the Metals-API API; and/or,
  • any non-fulfillment or breach of any covenant or agreement on Your part pursuant to this Agreement or any incorrectness in or breach of any representation or warranty made by You contained in this Agreement.

General

These Terms of Service incorporate by reference all notices and disclaimers contained in the Services constitute the entire agreement between you and Metals-API with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms of Service supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and Metals-API relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and Metals-API.

If any provision of these Terms of Service is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms of Service shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. Metals-API's failure to insist upon, or enforce, strict performance of any right or provision of these Terms of Service shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms of Service.

You agree that these Terms of Service, Metals-API's Privacy Policy and other legal documents posted through the Services have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

If you are a consumer, please note that these Terms of Service, its subject matter and its formation, are governed by Austrian law. You and we both agree to that the courts of Austria will have non-exclusive jurisdiction. If you are a business, these Terms of Service, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Austrian law. We both agree to the exclusive jurisdiction of the courts of Austria.

Contact

Should you have any questions, complaints, or comments about these Terms of Service, this service, or website, or require further clarification of any kind, please do not hesitate to contact us.