Terms of Service for Best in Slot API
Last Updated: 24.05.2024
Welcome to Best in Slot API! By accessing or using our website located at https://bestinslot.xyz/api/ (the “Website"), or any services, applications, and APIs made available by Best in Slot (collectively, the "Best in Slot"), Client agrees to be bound by these Terms of Service ("Terms").
Acceptance of Terms
These Terms govern the Client’s use of the Service provided by Best in Slot. By accessing or using the Service, Client signifies its acceptance of these Terms.
Best in Slot reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Best in Slot’s sole discretion.
Services
Best in Slot grants the Client a non-transferable, non-exclusive, non-sublicensable, limited right to access and use the Services and Software, solely for the Client to access and use Best in Slot. This access and use is subject to the terms and conditions outlined in the Terms.
Best in Slot reserves the right to update its services, including implementing new versions and upgrades, without prior notice. While efforts are made to maintain 24/7 accessibility, interruptions may occur due to technical reasons beyond Best in Slot's control, for which it is not liable and if third-party services supporting the API product cease operation, adjustments to the product may be necessary accordingly. However, Best in Slot undertakes to adopt reasonable measures to ensure continuous availability.
Best in Slot acts as a data provider and does not claim ownership of the information contained within the blockchain data. Clients are prohibited from using Best in Slot's content or data beyond the scope of the license granted in these Terms.
Access to services and software licenses are granted to Clients for internal business purposes only. However, strict use restrictions are imposed to prevent unauthorized usage, reverse engineering, transmit harmful code or viruses, and violate any applicable law or intellectual property rights. Clients are prohibited from interfering with service integrity, accessing data through unauthorized means, or using the services for competitive analysis. Compliance with open-source licenses is mandatory, and transmission of harmful code is strictly prohibited. Additionally, any attempts to gain unauthorized access to Best in Slot's systems or networks are strictly forbidden and may result in legal action.
Best in Slot reserves the right to investigate and address any violations of terms, including fraudulent activity, and may refuse or restrict access to users found in violation.
Client Obligations
Clients using Best in Slot services are obligated to adhere to several key responsibilities outlined in this Terms.
Clients are responsible for maintaining accurate contact, billing, and/or credit card information, updating it promptly when changes occur. This helps facilitate smooth transactions and communication between the client and Best in Slot.
Clients must use the services in compliance with national laws and regulations. They are accountable for all activities conducted through their account and the applications or results generated using the services. These activities must not infringe upon third-party rights or violate any governing legislation.
The Client agrees that purchasing multiple low-limit packages in order to circumvent imposed limits is strictly prohibited. The Client must procure a single package commensurate with their usage limit. Any attempt to contravene this provision, whether detected or suspected, may result in immediate suspension or termination of the service, at the discretion of Best in Slot.
Clients must ensure that any content, data, plug-ins, or third-party services used in conjunction with the services do not breach the agreement or any applicable laws and regulations. Any use of third-party services is at the client's own risk, and they are solely responsible for any consequences arising from such usage.
In the event of any suspected breach of these obligations, clients are obligated to notify Best in Slot promptly. Failure to comply with these obligations may result in legal consequences and the termination of services by Best in Slot. Clients are also required to indemnify Best in Slot and its affiliates against any claims or proceedings related to their use of the services or third-party services under the agreement.
Client Support
Best in Slot offers Client support services via Client's communication channel of choice pertaining to inquiries related to the utilization of the Services. This support is available on weekdays during standard office hours and is provided to a reasonable extent as determined by Best in Slot periodically.
Queries and/or notifications of errors are to be communicated to Best in Slot exclusively through the contact details provided on the website.
Privacy and Data Protection
To facilitate access to Best in Slot's services, users are required to provide certain personal information pertaining to authorized representatives. This information may include full names, email addresses, contact details, and organizational affiliations. Best in Slot will electronically process this data to manage user accounts, fulfill service obligations, and ensure security against unauthorized access.
Best in Slot retains logs of the Client’s API calls for technical security purposes, including but not limited to debugging services to address client support queries and enforcing rate-limiting measures to enhance the quality of service for all Clients. This practice serves to mitigate unauthorized access and improve the overall service experience.
Best in Slot reserves the right to generate aggregated statistics and conduct data analysis related to user activity. This information may be shared with undisclosed third parties as part of ongoing service improvements and enhancements.
No Warranty
Best in Slot provides its platform, Best in Slot.xyz, and its products "as is" and "as available." This signifies an absence of any express, implied, or statutory warranties. Best in Slot disclaims all warranties, including but not limited to, title, merchantability, fitness for a particular purpose, non-infringement, or any other type of condition or guarantee. No information, whether oral or written, provided by Best in Slot or obtained through their products, shall create or imply any warranty.
Best in Slot offers no guarantees regarding the accuracy, reliability, or correctness of provided data. Best in Slot does not guarantee that its products will meet the Client’s specific needs, be constantly available, function uninterruptedly, or be entirely secure. Additionally, Best in Slot is not liable for correcting defects or errors within its products or for the presence of viruses or other harmful code. Clients acknowledge that by using Best in Slot's data, products, or services, it assumes all associated risks. The Client is solely responsible for any damage to their property, data loss, or other losses arising from such use.
These Terms are not intended to exclude, restrict, or modify the application of any implied warranty or guarantee mandated by law. However, to the fullest extent permitted by law, Best in Slot disclaims and excludes any and all representations, warranties, or guarantees, expressed, statutory, or implied. This includes but is not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, availability of data, and effort. Best in Slot further disclaims any warranties that their services will function as described, be uninterrupted, error-free, or secure, or that Client’s use will be reliable or accurate.
Limitation of Liability
Best in Slot will not be held responsible for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from the Client's use or inability to use their services. This includes, but is not limited to, lost profits, personal injury, property damage, or other damages arising out of, in connection with, or relating to these Terms of Use. This applies even if the damages were foreseeable and regardless of whether Best in Slot was advised of the possibility. By using these services, the Client acknowledges and agrees to these limitations.
Best in Slot disclaims any liability for damages caused by hacking, tampering, or unauthorized access to their system or the Client's failure to implement proper security measures. Additionally, Best in Slot is not responsible for any issues arising from the Client's actions, including but not limited to using Best in Slot in a manner inconsistent with instructions, providing inaccurate data, or failing to implement appropriate security measures.
Likewise, Best in Slot is not liable for any problems caused by unauthorized access to servers, infrastructure, or data used by Best in Slot, bugs, viruses, or other harmful code transmitted through their services, or the defamatory, offensive, or illegal conduct of others.
These limitations of liability do not apply to the Client's own gross negligence, willful misconduct, fraud, or misrepresentation. The Client acknowledges unlimited liability for such actions. These limitations on Best in Slot's liability apply regardless of the legal theory under which the Client's claim arises, including contract, tort (including negligence), strict liability, or any other legal basis.
Force Majeure
Neither Best in Slot nor the Client shall be responsible for any delay or failure to perform its obligations under this Agreement (except for payment obligations) if such delay or non-performance is caused by circumstances beyond its reasonable control ("Force Majeure Event"). Force Majeure Events may include, but are not limited to:
Labor disputes, strikes, or lockouts.
Shortages of or inability to obtain energy, raw materials, or supplies.
Denial-of-service or other malicious cyberattacks.
Telecommunications failures or degradation.
Pandemics, epidemics, or public health emergencies.
Governmental orders or actions (including government-imposed travel restrictions and quarantines).
Material changes in law.
War, terrorism, riot, or acts of God.
The party affected by a Force Majeure Event shall promptly notify the other party in writing of the occurrence of such event and its expected duration. The affected party shall also provide updates on the status of the Force Majeure Event and its anticipated resolution as soon as practicable.
During the period of a Force Majeure Event, the affected party shall be excused from performing its obligations under this Agreement (except for payment obligations), to the extent that such performance is rendered impossible or commercially impracticable due to the Force Majeure Event.
If a Force Majeure Event prevents a party from performing a material obligation under this Agreement for a continuous period exceeding three (3) months, the non-affected party may terminate this Agreement upon written notice to the affected party.
Upon the cessation of the Force Majeure Event, the affected party shall promptly resume the performance of its obligations under this Terms.
Term and Termination
This Agreement becomes effective on the earlier of (i) the Client's first login to the Services or (ii) the Client's payment for the Services. The Agreement will continue until terminated by either party as provided herein.
Either party may terminate this Agreement for any reason by providing written notice to the other party at least forty-five (45) days before the desired termination date.
Either party may terminate this Agreement immediately upon written notice if the other party commits a material breach of this Agreement and fails to cure such breach within forty-five (45) days after receiving written notice demanding such cure.
Either party may terminate this Agreement immediately upon written notice if the other party suspends payments, enters into voluntary or involuntary liquidation, applies for company reorganization or bankruptcy, or is otherwise deemed insolvent.
In addition to the termination rights mentioned above, Best in Slot may immediately terminate this Agreement or disable the Client's access to the Services upon written notice if:
The Client or its users use the Services to commit a crime.
The Client's use of the Services causes losses or potential losses for Best in Slot or a third party.
The Client's use of the Services violates Best in Slot's security or administrative regulations.
Best in Slot has reasonable grounds to believe the Client's use of the Services violates applicable laws.
The Client breaches any material provision of this Agreement.
Upon termination of this Agreement:
The Client's right to use the Services will cease.
Best in Slot may permanently delete and destroy all Client data and related content.
The Client remains obligated to pay all outstanding fees through the effective date of termination.
Publicity
The Client hereby grants Best in Slot a non-exclusive, royalty-free, worldwide right and license to display the Client's name and logo on Best in Slot's website and any other website it maintains or owns; include a general description of the Client's relationship with Best in Slot in press releases, marketing materials, and promotional appearances; utilize the Client as a reference account upon reasonable request, including engagement with the press, analysts, and Best in Slot's existing or potential investors or customers.
Any use of the Client's name, logo, or description under this clause will be consistent with any branding guidelines provided by the Client and not portray the Client in a negative or disparaging light.
The Client retains all ownership rights to its name, logo, and other intellectual property. This clause grants Best in Slot a limited license to use these materials solely for the purposes outlined above.
Applicable Law
This Agreement and the relationship between Best in Slot and the Client shall be construed, interpreted, and governed by the laws of Switzerland, without regard to its conflict of laws principles. The United Nations Convention on the International Sale of Goods is expressly excluded from application to this Agreement.
All disputes arising out of or relating to this Agreement, including its formation, validity, interpretation, performance, breach, or termination, shall be finally settled by binding arbitration administered by the International Court of Arbitration (ICC) per its then-current arbitration rules. The arbitration shall be conducted in English. The decision of the arbitrator(s) shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.
Notwithstanding the foregoing, Best in Slot reserves the right to pursue any claims for overdue and unpaid fees for the Services before the ordinary courts of Switzerland.
Assignment
Best in Slot shall be entitled, in whole or in part, to assign its rights and obligations under the Agreement to a company within the same de jure or de facto group of companies as Best in Slot or to a purchaser of all or substantially all of its stock or assets without the Client’s prior consent.
Modification and Severability
Best in Slot reserves the right to modify or supplement the terms and conditions of this Agreement at any time, in its sole discretion. Such modifications will be effective upon posting on Best in Slot's website (Best in Slot.xyz) or any other website it maintains or owns. The Client is responsible for periodically reviewing the terms and conditions. The Client's continued use of the Services following the posting of any modifications constitutes the Client's acceptance of the modifications.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. This Agreement shall be construed and enforced as if such invalid or unenforceable provision had never been contained herein.
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