OKLINK FINTECH LIMITED
OKLINK API USER AGREEMENT
Last updated: 20 July 2023
The Service provided by OKLink means the API interface and services that provide counterparty applications and/or developers access to OKLink platform and services.
2.1 This Service is for internal use only by the user, and cannot be arbitrarily disseminated, redistributed or re-sold to any third party, and should be used within the scope permitted by this Agreement and applicable laws and regulations.
2.2 We will try our best to ensure the authenticity and accuracy of the data related to the Service. However, you acknowledge that we do not make any guarantees regarding the stability of the data of the Service due to various reasons such as data sourcing issues.
2.3 If the data related to the Service is interrupted due to an accident, we shall restore the data as soon as possible, except if a force majeure event occurs.
2.4 We will endeavor to but do not guarantee the accuracy of the data related to the Service. The related data is for reference only and should not be the basis for any decision you may make.
3.1 The user of the Service must pay all fees in accordance with our fee schedule, which we have the sole discretion to adjust from time to time. We reserve the right to refuse to provide a user with the Services and/or technical support, or to terminate the provision of the Service and/or technical support until the user has paid all the fees in accordance with this Agreement.
3.2 If the user renews the subscription of the Service, and the name, specification or price of the Service has been adjusted, the user agrees to perform in accordance with the new name, specification or price that is valid at that time; if the user does not agree with the new name, specification or price of the Service, no renewal is permitted, and the provision of the Service by OKLink to you will automatically terminate after the subscription term of the Agreement.
4. USER’ RIGHTS AND OBLIGATIONS
4.1 The user undertakes that their use of the Service complies with applicable laws and regulations, is legal and authentic, and does not infringe the legitimate rights and interests of any third party.
4.2 The user shall pay the fees in full and in a timely manner; otherwise, we reserve the right to terminate the user's access and/or use of the Service at any time, and the user shall be solely liable for any damage that may be caused by the termination of the Service by us.
4.3 The user undertakes that, except for activities expressly permitted by applicable laws, the user shall not copy, modify, reverse engineer, decompile or dissemble the Service and the API associated with the Service.
4.4 The user understands and agrees that:
(a) Due to the limitations of existing blockchain technology, the Service provided by us may have flaws. We cannot guarantee that it can be implemented normally or achieve the results expected by the user under any circumstances.
(b) For any losses caused by the user using this Service, the user agrees that we shall not bear any liability and will not provide any compensation.
5. OUR RIGHTS AND OBLIGATIONS
5.1 We shall be responsible for the timely upgrade, maintenance, and management of this Service, and provide users with free consultation and technical support services through online customer service.
5.2 To the best of our knowledge, we represent that the Service provided to user does not contain the following:
(a) any virus that deliberately destroys, maliciously interferes with, secretly intercepts or invades any system, data or personal information, hidden or disguised malware programs, worms, a logic or time bomb, or any other computer or software program;
(b) any known vulnerabilities, backdoors, and/or malicious software.
6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
6.1 No Warranties or Representations
We do not provide any express or implied warranties, representations or guarantees, or conditions regarding your use of the Service. You understand that your use of the Service is at your own risk, and we provide the Service on an “as is”, “including all defects,” and “as available” basis. To the extent permitted by applicable laws and regulations, we do not provide any implied warranties or guarantees to any effect. We cannot guarantee that the Service will not be interrupted or experience errors during its operation. The operation of the Service may be interrupted due to government control, changes in currently effective applicable laws or regulations, any force majeure event(s) (including but not limited to fire, earthquake, turmoil, and war), power outages, interruption of communication lines, hacker attacks, computer virus intrusion or attack, telecommunications Interruption due to departmental technical adjustment, technical adjustment, maintenance, updates, or network and/or system failures. We are not responsible for any damage or data loss caused by such interruptions and functional errors.
6.2 Limitations of Liability
To the maximum extent permitted by law, we will not be liable for any direct, indirect, consequential, special, punitive or other damages to user caused by or related to the user’s use or inability to use the Service (including but not limited to damage caused by personal injury or property damage, damage caused by loss of profit, data loss, business interruption, computer paralysis or malfunction, loss of business information, damage caused by failure to perform including integrity or due care, any liability caused by privacy violations or disclosure of information, damage caused by any pecuniary loss or any other loss) even if we have been notified in advance of the possibility of such damage. Any disputes and/or liabilities caused by or arising from the user’s use of the application provided by you and the service contained in the application shall be independently resolved by you, and you shall bear full liability, and we shall not bear any liability.
6.3 Change, Interruption, or Termination of this Service
Unless otherwise agreed upon in writing with us, you agree that we have the right to change, interrupt, or terminate the provision of this Service in part or in full at any time without prior notice to you, and we also have the right to modify, interrupt, or terminate your use of the Service at any time. Any loss or consequences you or any third party may incur due to our changes, interruption, or termination of this Service shall be solely borne by you, and we shall not be liable to you or any third party for any reason.
7. USE AND DISCLOSURE OF USER DATA
7.1 For the purposes of this Agreement, we may provide users with the Service by utilizing user data, including but not limited to sending product and service information to users.
7.2 In general, we shall not disclose user data without the user’s permission, However, in the following circumstances, user data may be partially or fully disclosed:
(a) disclosure to a third party with the user’s consent;
(b) disclosure to third parties or governmental institutions in accordance with applicable laws or requirements of governmental institutions;
(c) if user violate applicable laws and regulations;
(d) in order to provide software or services requested by user, in which user data may be shared with third parties;
(e) any other compliance, legal, regulatory and valid reasons.
8. CODE OF CONDUCT
You shall abide by all applicable laws and regulations when using this Service, and you shall not make, copy, publish or disseminate information containing the following content or engage in any related actions, and you must not facilitate the creation, copy, release or dissemination of information containing the following content or engage in any related actions:
(a) endangering national security, leaking state secrets, subverting state power, and/or undermining national unity;
(b) damage to national honor and interests;
(c) inciting ethnic turmoil, discrimination against ethnic minorities, and undermining cultural harmony;
(d) undermining state policies on religion and/or promoting cults and/or feudal superstitions;
(e) promote propaganda, disrupt social order, and/or undermine social stability;
(f) spreading obscenity, pornography, gambling, violence, murder, terrorism, and/or aiding and abetting a crime;
(g) engaging in libel or slander, or infringing on the lawful rights and interests of others;
(h) violation of social public order and customs;
(i) engaging in suspicious money laundering or terrorist financing activities, price manipulation, market manipulation, insider dealing activities or misconduct; and/or
(j) violation of relevant laws and regulations or this Agreement, other relevant agreements, rules; etc.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 All ownership, right, title and interest in and to the intellectual property rights of the Service, the API associated and the underlying technology, including but not limited to know-how, data, databases and trade secrets, shall be our exclusive property. You only have a limited right to legally use this Service in accordance with this Agreement, and we reserve all intellectual property rights and ownership of the above-mentioned intellectual property rights and any and all derivatives produced during the term of this Agreement. If you use our intellectual property rights with our permission for the development of any application(s), the ownership and intellectual property rights of any developed creations remain with us, and we have the right to independently apply for the protection of the ownership of related rights with respect to the content that has been developed.
9.2 All rights to the data involved in this Service belong to us, and you may not use it for any purpose without our prior written consent.
9.3 Without our written consent or the written consent of other relevant rights holders, you may not unilaterally implement, use, or transfer any of the above intellectual property rights for any commercial or non-commercial purposes or allow any third party to do any of the above-mentioned.
9.4 You hereby agree to grant us a worldwide, royalty-free, non-transferrable, and non-exclusive license to use your logo within the terms of this Agreement for external marketing and publication to indicate that you are using this Service. You represent and warrant to us that you have all required rights, interests, and legal authorization to grant the above license.
9.5 You agree and authorize us to obtain the corresponding data based on the necessity of providing this Service, including the data you actively provided or obtained during your use of this Service. Your use of this Service means that you promise and guarantee to disclose relevant data usage to user who use your product, and further ensure that user-related data is obtained with the user’s knowledge and authorization in order to provide relevant services.
9.6 We do not allow anyone to collect, store, sell or disseminate a user’s personal information by any means without the user’s express consent. If you are found to have committed the above-mentioned actions, we have the right to immediately terminate our provision of the Service to you.
10. TERM AND TERMINATION
Without affecting the other provisions of this Agreement, OKLink shall have the sole right to terminate the provision of the Service and/or this Agreement without any liability if one of the following situations occurs:
(a)the term of the Service subscribed by the user has expired and has not been renewed;
(b) the user materially breaches any provisions of this Agreement, including non-payment of fees, and that the user has not cured it within three (3) days after notification was sent to the user by OKLink;
(c) occurrence of any force majeure event;
(d) anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to any party; or that other party ceases, or threatens to cease, to carry on business.
We have the right to revise the terms of this Agreement from time to time. If the user does not agree to our amendment(s) to the relevant terms of this Agreement, the user should immediately cease access and/or use of the Service. If the user continues to use the Service, it shall be deemed that the user has accepted the amendment(s) made by us to the relevant terms of this Agreement.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
12.1 This Agreement, your access and use of the Service, any claim, counterclaim or dispute of any kind or nature whatsoever arising out of this Agreement, directly or indirectly, shall be governed by, and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"), without regard to principles of conflicts of law.
12.2 Any disputes, controversy, differences or claims caused by or related to this Agreement, including the existence, validity, interpretation, performance, violation or termination of this Agreement, or any disputes arising from or related to this Agreement, shall be submitted for arbitration managed by the Hong Kong International Arbitration Center (HKIAC), and finally settled through arbitration in accordance with the arbitration rules implemented by the HKIAC in force at that time. The applicable law of this arbitration clause shall be Hong Kong law. The place of arbitration shall be Hong Kong. The number of arbitrators shall be one (1). The arbitrator shall be jointly appointed by the parties, and if the parties fail to reach consensus on such appointment in two (2) months, then the chairman of HKIAC shall make such appointment. The arbitration proceedings shall be conducted in English. Any arbitration award shall be final and binding on both parties, and can be enforced in any court with jurisdiction.
13. THIRD PARTY WEBSITE DISCLAIMERS
14.1 If any provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed as deleted and void. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
14.2 No failure or delay by any party in exercising any right, power or remedy it is entitled to under this Agreement or by stipulation of law shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of such rights, power or remedies.
14.3 No assignment of this Agreement shall be allowed without our prior written consent. We may transfer all or part of our rights and obligations under this Agreement to a third party for business and operational reasons without the user's prior consent.
14.4 Nothing in this Agreement should be construed as either party becoming an agent, employee, contractor and partner of the other party or both being in an agency, employment, contractor or partnership relationship. In any case, neither party may claim to the outside that it can create any legal obligation for the other party without the explicit prior written consent of the other party.