Terms & Conditions

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• (i) Application means the software program provided by the Company used by You on any electronic device.
• (ii) Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
• (iii) Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• (iv) Country refers to: Canada
• (v) Company referred to as either "the Company", "We", "Us" or "Our" in this Agreement.)
• (vi) Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
• (vii) Service refers to the Application.
• (viii) Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• (ix) Third-party means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• (x) You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

User Accounts and Eligibility

As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.

If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address it accordingly.

Our Interface is NOT offered to persons or entities who reside in, are citizens of, are incorporated in, or have a registered office in the United States of America or any Prohibited Localities, namely Restricted Persons, as defined below. We do not make exceptions. If you are a Restricted Person, then do not attempt to access or use the Interface.

You are solely responsible for adhering to all laws and regulations applicable to you and your use or access to the Interface. Your use of the Interface is prohibited by and otherwise violate or facilitate the violation of any applicable laws or regulations, or contribute to or facilitate any illegal activity.

We make no representations or warranties that the information, products, or services provided through our Interface, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Interface in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Interface to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.

Prohibited Localities

This Service does not interact with digital wallets located in, established in, or a resident of Myanmar (Burma), Côte D'Ivoire (Ivory Coast), Cuba, Crimea and Sevastopol, the so-called Donetsk People’s Republic, Democratic Republic of Congo, Iran, Iraq, Libya, the so-called Luhansk People’s Republic, Mali, Nicaragua, Democratic People’s Republic of Korea (North Korea), Somalia, Sudan, Syria, Yemen, Zimbabwe or any other state, country or region that is included in the Sanction Lists.

Your interaction with and use of the Third-Party Services is governed by the respective terms and conditions of the third-party providers, including but not limited to their eligibility requirements, restrictions on certain localities, restricted persons or any other eligibility-related terms. As a result, based on those terms set by the third-party providers, your access to certain products and/or features of the Interface may be restricted by those providers. Please note that we only facilitate your interaction with these Third-Party Services and we bear no liability for any such restrictions thereof. It is your own responsibility to review those terms and conditions, and ensure that you meet the requirements set forth therein.

Access to the Interface

The Interface provides a user interface for this Service users that display price information on virtual currency. This Service does not interact with the virtual currency involved at any stage of your interaction. We reserve the right to disable access to the Interface at any time in the event of any breach of the Terms, including without limitation, if we, in our sole discretion, believe that you, at any time, fail to satisfy the eligibility requirements set forth in the Terms. Further, we reserve the right to limit or restrict access to the Interface by any person or entity, or within any geographic area or legal jurisdiction, at any time and at our sole discretion. We will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Interface being inaccessible to you at any time or for any reason.

All information provided in connection with your access and use of the Interface is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Interface or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, news feeds, tutorials, tweets and videos. Before you make any financial, legal, or other decisions involving the Interface, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

The Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set forth expressly in the Terms.

Your Use of the Interface

By using or accessing the Interface, you represent and warrant that you understand that there are inherent risks associated with virtual currency, and the underlying technologies including, without limitation, cryptography and blockchain, and you agree that this Service is not responsible for any losses or damages associated with these risks. You specifically acknowledge and agree that the Interface facilitates your understanding of on-chain data and, as such, we have no control over any blockchain or virtual currencies and cannot and do not ensure that any of your interactions will be secure and do not have the ability to effectuate any requests.

Without limiting the foregoing, you specifically understand and hereby represent your acknowledgement of the following:

(i) - The pricing information data provided through the Interface does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with the Interface;

(ii) - The Interface does not act as an agent for any of the users;

(iii) - The Interface does not own or control any of the underlying software through which blockchain networks are formed, and therefore is not responsible for them and their operation;

(iv) - You are solely responsible for reporting and paying any taxes applicable to your use of the Interface;

(v) - Although it is intended to provide accurate and timely information on the Interface, the Interface or relevant tools may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Interface or relevant tools are your sole responsibility.

(vi) - You are solely responsible for associating your current account with your blockchain address, functioning as an extension of their personal identity for accessing the platform.

(vii) - By utilizing this feature, you acknowledge the Services authority to collect your blockchain wallet address, completed transaction details, and token identifiers to facilitate this functionality. Wallets are not maintained, operated, or affiliated with the Services. We lack authority over your wallet's contents and disclaim responsibility for any liability linked to your wallet usage with the Services. As the wallet owner, you bear exclusive responsibility for safeguarding your wallet. You should never share wallet credentials or seed phrases, and we will never request this information under any circumstances. Any wallet-related concerns should be directed to your wallet provider.

In order to allow other users to have a full and positive experience of using the Interface you agree that you will not use the Interface in a manner that:

- Breaches the Terms;

- Infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law;

- Seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks;

- Attempts, in any manner, to obtain the private key, password, account, or other security information from any other user, including such information about the digital wallet;

- Decompiles, reverse engineers, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Interface;

- Seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;

- Violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as spoofing and wash trading;

- Disguises or interferes in any way with the IP address of the computer you are using to access or use the Interface or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the Interface;

- Transmits, exchanges, or is otherwise supported by the direct or indirect proceeds of criminal or fraudulent activity;

- Contributes to or facilitates any of the foregoing activities.

API Terms and Conditions

• (i) General Provisions: These API Terms of Use (the “Terms of Use”) are biding to the Customer and establish conditions by which the Customer may use and/or access for Services, as defined below, via Application Programming Interface (“API”). Terms of Use are provided to the Customer in accordance with (i) Terms and Conditions https://solsniffer.com/terms and (ii) Privacy Policy https://solsniffer.com/policy, both of which constitute an integral part thereof, as well as an integral part of the Service Agreement, as defined below, i.e. the Customer cannot conclude these Terms of Use if the Customer hasn’t agreed with the Terms and Conditions and Privacy policy before. By accepting these Terms of Use the Customer agrees to comply with them in full. Conditioned upon Customer’s acceptance of these Terms of Use, Solsniffer hereby grants permission to access and use API, as defined below. If the Customer does not accept these Terms of Use, the Customer is not authorized to use API, as defined below.
• (ii) Authorization of API access: (a) The Customer shall obtain Access Token for all required API access via the Solsniffer API Services page https://solsniffer.com/api-service/.
• (b) Except as permitted herein, (A) you must keep the API Credentials and all login information for your Solsniffer API Account, (B) you may not share the API Credentials with any third party, and (C) you will not access the Solsniffer API by any means other than the API Credentials you receive in accordance with Section 2.1.3 or 2.1.4 above. API Credentials are the exclusive property of Solsniffer, and your access to and use of API Credentials is in Solsniffer's sole discretion.
• (c) Solsniffer shall not be liable for any loss or damage arising from use or misuse of Access Token. The Customer must immediately contact and inform Solsniffer if suspecting any unauthorized use of Access Token.
• (d) You may not use the Solsniffer API and may not accept the Terms if (A) you are not of legal age to form a binding contract with Solsniffer, or (B) you are a person barred from using or receiving the Solsniffer API under the applicable laws of Canada or the country in which you are resident or from which you use the Solsniffer API.
• (e) If you are accessing or using the Solsniffer API on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).
• (f) Except in the case of Private API Credentials, in order to access and use the Solsniffer API, Developer must obtain an API Client by registering for a API Account and agreeing to and complying with the API terms and conditions.
• (iii) Proprietary Rights: (a) The Service, the Solsniffer API, and all software, documentation, information, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, websites and any additional intellectual or other property used by or on behalf of Solsniffer or Solsniffer Related Entities or otherwise related to the Service, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and related thereto (collectively, “Solsniffer Property”) will be and remain the sole and exclusive property of Solsniffer. To the extent, if any, that ownership of any Solsniffer Property does not automatically vest in Solsniffer by virtue of the Terms, or otherwise, and vests in Developer, Developer hereby transfers and assigns to Solsniffer, upon the creation thereof, all rights, title and interest Developer may have in and to such Solsniffer Property (and waives any and all moral rights, as applicable), including the right to sue and recover for past, present and future violations thereof.
• (b) As between Developer and Solsniffer, Solsniffer shall own all right, title and interest in any API Data that Solsniffer receives as a result of use of an Application, and all such API Data shall be subject to the Solsniffer Terms of Service and the Solsniffer Privacy Policy.
• (c) Solsniffer does not acquire ownership in your Application, and by using the Solsniffer API, you do not acquire ownership of any rights in the Solsniffer APIs or the content that is accessed through the Solsniffer APIs.
• (iv) Security: (a) YOU AGREE THAT SOLSNIFFER MAY MONITOR USE OF THE SOLSNIFFER API TO ENSURE QUALITY, IMPROVE SOLSNIFFER PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Solsniffer accessing and using your Application, for example to identify security issues that could affect Solsniffer. You will not interfere with this monitoring. Solsniffer may use any technical means to overcome such interference. Solsniffer may suspend access to the Solsniffer API by you or your Application without notice if we reasonably believe that you are in violation of the Terms.
• (b) Your Application will be installed and run on your server or another server, but will not be run on Solsniffer's servers. Your networks, operating system and software of your web servers, routers, databases, and computer systems (collectively, “Developer System”) must be properly configured to Internet industry standards so as to securely operate your Application and protect against unauthorized access to, disclosure or use of any information you receive from Solsniffer. If you do not completely control some aspect of the Developer System, you will use all influence that you have over the Developer System to do so. You must diligently correct any security deficiency, and disconnect immediately any known or suspected intrusions or intruder.
• (v) Audit: Solsniffer shall have the right to audit, or to appoint an independent auditor under appropriate non-disclosure conditions to audit Developer’s App, systems and records to confirm Developer’s compliance with the Terms, including without limitation Developer’s compliance with Solsniffer's requests. If requested, you must provide us with proof that your Application complies with these Terms.
• (vi) Disclaimer of Warranties: Solsniffer makes available the Data, API functions and APIs in good faith. Except as expressly provided in these Terms, and to the extent permitted by law, Solsniffer excludes all warranties (including any implied warranties), guarantees, representations and undertakings. The API User acknowledges that it uses the APIs and Data at its own discretion and risk, and the API User will be solely responsible for any damage or Loss that results from such use.
• (a) API as an information Source The API and Data therein are provided on a ‘as is’ and ‘as available’ basis without warranties of any kind, either express or implied. While Solsniffer makes its best efforts to ensure the Data is accurate and up to date (including deleting Data where appropriate), Solsniffer makes no representation or gives no warranty that the Data is reliable, accurate or complete.
• (b) Security of Information Solsniffer makes no representation or gives no warranty that access to the API is free from interruptions, time delays or Harmful Code. While Solsniffer strives to protect Data and information contained in the API, it does not warrant or provide any assurance that the security of any Data/information accessed via the API is free of Harmful Code.
• (c) API functionality The API may be subject to version updates from time to time. Solsniffer does not warrant or represent that the functions contained in the API will meet the API User's requirements, be fit for the API User's purpose or that version updates will be backwards compatible with earlier versions.
• (vii) Termination: The API User may stop using the APIs at any time with or without notice. The API User may also terminate the Terms at any time by providing Solsniffer with prior written notice. Upon termination, the API User must cease use of the APIs and delete the API Keys associated with the APIs. Solsniffer may, at its sole discretion, terminate the Terms or discontinue or suspend the APIs, an API Key or any portion or feature of an API User’s access for any reason, at any time, without notice and without liability or other obligation to the API User. Solsniffer may modify these Terms of Use at any time by posting notice of modifications to these Terms of Use in the Solsniffer web page. Changes are effective at the end of the Subscription Period. However, changes made for legal reasons, and any changes to rules set out in Solsniffer Terms and Conditions will be effective immediately. The Customer may be required to accept the modified Terms of Use. In any event Customer agrees that Customer’s continued use of the APIs and Solsniffer Developer Portal after the changes become effective constitutes acceptance of the modified terms.

Payments and Fees

Payment processing services for the Services are provided by a payment processor and you are subject to the applicable payment processor services agreement. The current fee structure is susceptible to change. By agreeing to the Agreement or continuing to use the Services, you agree to be bound by such payment processor services agreement, as it may be modified by the payment processor from time to time. Refunds are inapplicable and reserved to Solsniffer discretion.

Compliance

The Interface may not be available or appropriate for use in all jurisdictions. By accessing or using the Interface, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You further agree that we have no obligation to inform you of any potential liabilities or violations of law or regulation that may arise in connection with your access and use of the Interface and that we are not liable in any respect for any failure by you to comply with any applicable laws or regulations.

Risk Assessment

We may use publicly available information, as well as Third-Party Services, to assess the risks associated with illicit or non-compliant activities, phishing, or other potential threats. Such risk assessment services may be provided by various third-parties, including, but not limited to: Metamask, Phantom, Solflare and Solscan. We reserve the right to block or restrict access of the wallet addresses associated with illicit activity. We hold no liability for such assessment, restriction, results, or accuracy of the Third-Party Services.

This Service has no control over or connection to these Third-Party Services, thus this Service is not and cannot be responsible for the accuracy of the information or the services of such providers. These Third-Party Services are governed by their respective terms of use, please read them carefully.

This Service reserves the right, but has no obligation, to block or restrict any activity on the Interface that may be associated with any illicit and/or non-compliant activities. If you believe you or your wallet address has been blocked or restricted from using the Interface by mistake, please contact us at: [email protected].

This Service may occasionally provide alerts and other potential risk alerts through the Interface. These risk alerts are provided for informational purposes only, and we do not make any representations or warranties regarding their accuracy, completeness or reliability. You are solely responsible for the final decision as to the applicability and fitness of such alerts.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by the laws of the Province of Quebec and you consent to exclusive jurisdiction and venue of such courts.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: [email protected]

Last updated: September 26th, 2024