CoinCap Terms of Service

Subject to your full compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to access and use our Services for your personal use only. You are prohibited from using our Websites for any illegal, fraudulent, or professional purposes. We reserve all rights not expressly granted in these Terms and we may terminate this license at any time for any reason or no reason.

You shall not use the Services unless you are in full compliance with these Terms and all applicable laws. You shall not use any part of the Services if you cannot form a legally binding contract with us. Any use of or access to the Services by anyone under 18 is prohibited. Currently, we do not allow Users residing or present in the following jurisdictions to use the Service: the State of New York, the State of Washington, any jurisdiction sanctioned by the United States Treasury's Office of Foreign Assets Control, or any other jurisdiction that we determine to present a high risk of fraud. You shall not use the Services if:

You acknowledge that we may, without prior notice to you: suspend the Services; change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits on the Services.

The Site, Services, and Apps are targeted for adults and business entities. Our Site, Services, and Apps are not meant for anyone who may be defined as a minor under applicable law. It is not possible for the Company to determine the age of any user. Any minors, or individuals that are otherwise incapable of being bound by legal contracts, must discontinue use of our Site, Services, and Apps immediately. It is the sole responsibility of parents and legal guardians to monitor whether a minor is using our Site, Services, or Apps.

You shall not engage in any of the following (each, a "Prohibited Activity"):

You acknowledge that we may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any part of these Terms. We may, without prior notice: suspend, restrict, or terminate your access to any portion of the Services if:

If your use of the Services is terminated or suspended, you acknowledge that you will remain bound by these Terms. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. You acknowledge that we will have no liability for your interactions with other Users, or for any User's action or inaction. If we suspend or terminate your use of the Services, in whole or in part, for any reason, we will use commercially reasonable efforts to provide you with notice of our actions except where a court order or other legal process prohibits us from providing you with such notice. You acknowledge our decision to take certain actions, including limiting access to, suspending, or terminating your use of the Services may be based on confidential criteria that are essential to our risk management and security protocols and that we are under no obligation to disclose the details of its risk management and security procedures to you. We will have no liability for any action taken by us substantially consistent with or authorized by this section.

You acknowledge that the Services may contain links or integrations to third-party materials that are not owned or controlled by us, including smart contracts (each, a "ThirdParty Service"). We do not endorse or assume any responsibility for any Third-Party Service. IF YOU ACCESS A THIRD-PARTY SERVICE FROM THE SERVICES OR SHARE ANY CONTENT ON OR THROUGH SUCH THIRD-PARTY SERVICE, YOU ACKNOWLEDGE THAT: YOU DO SO AT YOUR OWN RISK; THESE TERMS AND OUR PRIVACY POLICY MAY NOT APPLY TO SUCH THIRD-PARTY SERVICE; YOU MAY BE REQUIRED BY SUCH THIRD-PARTY TO AGREE TO CERTAIN ADDITIONAL TERMS OR CREATE AN ACCOUNT; AND THAT CERTAIN THIRD-PARTY SERVICES MAY PUBLISH TO A PUBLIC BLOCKCHAIN INFORMATION YOU SEND TO SUCH THIRD-PARTY. You shall not hold us liable for any damages you incur related to your use of any Third-Party Service. You acknowledge that your dealings with or participation in promotions of any advertiser that connects with you through your use of the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertiser. You acknowledge that we will not be liable for any loss or damage of any sort relating to your interactions with any such advertiser.

One of the Services is our provision of real-time market data of cryptocurrencies ("Market Data"). By using data from exchanges around the world, the Market Data Services calculates a current global average price of certain assets. In addition to calculating global price, the Market Data Services offer insight into exchanges and markets. Users are able to obtain current exchange rates for available coin pairs. The Market Data Services also offers historical data in the form of historical global average data as well as candle data for individual markets. Through our Market Data Services, we attempt to provide accurate price information, but you acknowledge that this information is volatile and subject to change without advance notice.

YOU ACKNOWLEDGE THAT WE PROVIDE THE SERVICES ON BOTH AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY REGARDING THE SERVICES AND EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DOES NOT GUARANTEE THAT: THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THE SERVICES WILL BE AVAILABLE UNINTERRUPTED, AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, SECURE, OR ERROR-FREE; ANY CONTENT PROVIDED TO YOU IN CONNECTION WITH THE SERVICES, INCLUDING MARKET DATA WILL BE ACCURATE, RELIABLE, OR CORRECT; ANY OF THE SERVICES' DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Services. You acknowledge that we do not guarantee or assume responsibility for any product or service advertised or offered by a third-party through the Services or any hyperlinked website or service, and we will not be a party to or monitor any transaction between you and providers of Third-Party Services. Due to the disclaimers in this section, we strongly recommend that you only use the Services to manage, buy, sell, or trade small amounts of digital assets. If any issues arise in connection with the Services, we will make reasonable efforts to resolve such issues, but you acknowledge that we will have no liability for any bugs, errors, or other problems that result in loss of your funds or digital assets. You acknowledge that the Services may contain more or fewer features or be licensed under different terms than previous versions. You acknowledge that we reserve the right to make changes to the Services at any time for any reason, without prior notice, and any reliance on the current services available on the Services are at your own risk. Without limiting any disclaimer of warranty or other limitation specified in this section, you acknowledge that the Services are not suitable for commercial use, and that the Services may contain errors affecting its proper operation. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law. Federal law, some states, provinces, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the exclusions in this section may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.

The provider of services is Haiku Strategies LLC. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

The following is a surface-level summary of the Services provided by the Site and the App. Any of the Services described here are subject to change or removal at any time and we do not guarantee that this list is a complete account of possible Services provided by CoinCap.

The Sites and Apps provide cryptocurrency market and pricing data and the viewing of this data is open to any individual with or without first creating an Account.

The Company offers an API (the "API") through which users can access crypto market and pricing data on demand to be used in any location external to the Sites or Apps. You accept full responsibility for how this data is used and displayed on any external locations, and the Company is not responsible for any losses or damages resulting from improper use of the API. You also certify that any and all usage of the data provided by the API is lawful under any applicable jurisdictions.

The scope of the API is described in our documentation here. The scope of the API is subject to change at any time and we do not guarantee that the documentation listed here to be a complete or accurate representation of the available Services at any point.

A limited trial version of the API is available without a subscription. This trial is provided to assist you in determining whether or not the API is the right product for your needs, and is not intended to be used long term. We reserve the right to remove trial access to any user at any point without prior warning.

The API is fully-accessible through a paid subscription, consisting of multiple tiers. Different API tiers provide different levels of access and different features. Access limits and features for any tier are subject to change.

Subscriptions to the API can be purchased by paying a recurring, non-refundable monthly fee in USD. Facilitation of this payment, authorization of purchase, and subsequent recurring charges is provided by our payment processing partner: Stripe.

In lieu of a recurring monthly fee, you can also obtain an API subscription by staking approved cryptocurrency tokens ("Staking") through the Site. Staking through the Site can be done instead of, or in addition to, purchasing via a recurring monthly USD fee.

Occasionally, we may offer rewards or incentives for Staking in addition to access to the API. Any rewards offered are temporary and subject to change or removal at any time without notice. You agree to stake cryptocurrencies (the "Assets") at your own risk and assume any losses or damages related to improper or incorrect staking practices, including damages that result from lack of experience or knowledge with standard cryptocurrency staking activities. You agree that CoinCap does not take custody of staked Assets at any time during the staking process, unstaking process, or while Assets are actively staked.

In the event that you lose access to the Wallet that is used to stake Assets, you acknowledge that CoinCap can not help you retrieve your staked Assets and will not take responsibility for any damages incurred due to this loss of access. Under no circumstances will CoinCap reimburse you for lost Assets.

CoinCap provides access to an AI Chatbot (the "Bot") that offers crypto market insights based on our market and pricing data. The Bot is designed solely to provide insights and access to CoinCap's market data. Any attempt to elicit information not related to market and pricing data is explicitly outside of the intended use of the Bot. Even when used as directed, all AI models are inherently unpredictable and may provide incorrect or misleading information. It is the sole responsibility of the user at all times to conduct due diligence on any responses from the Bot.

CoinCap does not condone, endorse, or support any responses from the Bot and in no way can the Bot be interpreted as a representative of the Company, its officers, employees, or affiliates. Use of the Bot is strictly for entertainment purposes.

Occasionally the Bot may offer what appears to be "investment advice" if prompted. Any such advice is solely for entertainment purposes and should never be relied upon for actual trading or investment decisions. Users are solely responsible for their financial actions and the Company does not assume responsibility for any trading losses incurred due to usage of the Bot.

The App includes a feature where users can curate a list of assets (the "Altfolios" or "Altfolio"). This feature is designed to track the data of a small set of assets over time and is provided to users for convenience and entertainment purposes only. CoinCap does not hold any of the physical assets included in an Altfolio. Altfolios should not be construed as providing any right to ownership of any Asset included therein.

You acknowledge that the Services and all materials on the Services, or transferred by the Services, including, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music ("CoinCap Content"), and all intellectual property rights related to CoinCap and CoinCap Content ("Intellectual Property Rights"), are our exclusive property (and our licensors). Except as explicitly provided in these Terms or in any applicable additional terms and conditions, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any CoinCap Content, absent specific consent in writing from CoinCap. Use of the CoinCap Content for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Services, including about how to improve the Services or our products (each, an "Idea"). By submitting any Idea, you acknowledge that your disclosure is gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission of an Idea, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

All of our data collection, protection, processing, and transfer practices are listed in our Privacy Policy. If any part of these Terms conflicts with the Privacy Policy, the Privacy Policy will govern.

To use the App, you must have a mobile device that is compatible with the App. We do not guarantee that the App will be compatible with your mobile device. You may be required by your wireless provider to use mobile data in connection with the App and may incur additional charges from your wireless provider for using this data. You acknowledge that you are solely responsible for any such charges and we will have no liability for such charges. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one Account on mobile devices owned or leased solely by you for your personal use ("App License"). The App License is not a sale of the App (or any copy of the App), and we and our third-party partners or suppliers retain all rights, title, and interest in the App (and any copy of the App). Any attempt by you to transfer any of the rights, duties, or obligations in connection with the App License, except as expressly provided for in these Terms, is void and of no legal effect. You acknowledge that we may release future versions of the App, which may be automatically downloaded to your mobile device and replace a prior version of the App. You consent to such automatic upgrading on your mobile device and acknowledge that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party license end-user license agreement, if any, authorizing use of such code. We reserve all rights in the App not expressly granted under these Terms. When you download and operate the App for the first time, you may be required to create an account.

This section applies to all Users who obtain the App from Apple's App Store. You and we acknowledge that: (i) these Terms are solely between you and us; (ii) Apple, Inc. and its affiliates or subsidiaries ("Apple") are not a party to these Terms; and (iii) Apple has no responsibility for the App or its related content. Your use of the App must comply with the applicable Apple's App Store terms of service or use. If a conflict arises between Apple's App Store terms and these Terms, then Apple's App Store terms of service or use will prevail. The App License is limited to use on Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the App may be accessed and used by other accounts associated with you via "Family Sharing" or volume purchasing. You and we acknowledge that Apple has no obligation to provide you with any maintenance and support services with respect to the App. We are solely responsible for any product warranties of the App, whether expressed or implied by law, to the extent not effectively disclaimed elsewhere in these Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely our responsibility. You acknowledge that Apple is not responsible for addressing any claims of you or any third-party relating to the App and your possession or use of the App, including: (iv) product liability claims; (v) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (vi) claims arising under consumer protection, privacy, or similar legislation. You and we acknowledge that, if any third-party claim that the App or your possession and use of the App infringes that third-party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms. You shall comply with any applicable third-party terms of agreement when using the App. You and we acknowledge that Apple is a third-party beneficiary of these Terms as relates to your license of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the App against you as a third-party beneficiary of these Terms.

If you downloaded the App from Google's Play Store and a conflict arises between Google's Play Store terms and these Terms, then you acknowledge that Google's Play Store terms will prevail.

If any part of the Services, namely the App, is being acquired on behalf of the United States Government, then the following provision applies. The App or other product will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Services and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. The App is subject to United States export laws and regulations. The App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the App may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the App and the Services.

Your use of our Site, Services, and Apps, as well as your viewing or downloading of data (including but not limited to the API or the Bot) is at your own discretion and risk. The Company makes no claims, representations, warranties, or promises about the quality, accuracy, freshness, completeness, accessibility, clarity, resolution, speed, or reliability of any data provided by the Sites, Services, or Apps, or of the Sites, Services, or Apps themselves.

The Company makes no claims, representations, warranties, or promises that errors in any part of our content, data, Sites, Services, or Apps will be corrected, that quality, accuracy, freshness, or completeness of data will be improved or maintained.

Under no circumstances should you interpret any information displayed on, or relayed through the Sites, Services, or Apps (including the API and the Bot) as an implicit or explicit endorsement by the Company, or any of its shareholders, directors, officers, agents, representatives, employees, or affiliates of any cryptocurrencies, exchanges, markets, or other projects.

Any market data, pricing information, staking details, or AI chatbot responses are provided for informational and entertainment purposes only. Nothing on the Sites, Services, or Apps (including the API and Bot) should be interpreted as financial, legal, or investment advice.

Crypto market data is sourced from multiple third parties, including centralized and decentralized exchanges. While we strive to provide accurate and timely data, we do not guarantee that any information is complete, up-to-date, or error-free.

The Sites, Services and Apps are provided on an "as is" and "as available" basis. We do not guarantee uninterrupted access, real-time accuracy, or error-free performance.

You agree that you are solely responsible for evaluating and verifying any data before making financial, investment, or trading decisions.

Your use of any Staking features on any of the Sites, Services, or Apps is undertaken at your own risk. You understand that staking includes some inherent risks and it is solely the user's responsibility to understand those risks and how to best mitigate them before engaging in any Staking activity. When Staking, you are interacting directly with a live smart contract on an immutable blockchain. As such, CoinCap can not provide assistance in the event of loss of funds due to user error or inexperience. CoinCap assumes no liability for losses due to vulnerabilities discovered in the smart contract or blockchain network. You agree to assume the full risk of staking Assets.

You shall indemnify us and our agents or licensors, and any employees, contractors, agents, officers, and directors of ours, and those of our agents or licensors, against any damages related to:

You acknowledge that we will not be liable for any damages caused to you related to:

In no event will we, our agents, directors, employees, suppliers, or licensors be liable to you for any damages exceeding the greater of: the amount you paid to us in connection with the Services; or US$100.00. The foregoing limitations and exclusions will apply whether the alleged or actual liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitation is intended to apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions in this section may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from state to state or jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.

These Terms will be governed by the internal substantive laws of the United States of America, without respect to its conflict of laws principles. Notwithstanding the preceding sentence with respect to the substantive law, any arbitration conducted pursuant to these Terms will be governed by the applicable rules of arbitration in the United States of America. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You consent to submit to the personal jurisdiction of the federal and state courts located in the United States of America for any actions for which may bring against you. We retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights, including any provisional relief required to prevent irreparable harm. You consent to Wyoming, United States of America being the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision in the next section is found to be unenforceable.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND US TO ARBITRATE ANY DISPUTES IN CONNECTION WITH THESE TERMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. If you have a dispute with us in connection with these Terms or your use of the Services, you shall first contact us via email at [email protected] or through our dedicated support Discord channel at https://mee6.xyz/i/S3ZfymIhLR and attempt to resolve the dispute with us informally. If you and we cannot resolve any dispute after 60 days from your initial email notifying us of the dispute, you and we each consent to resolve any related claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach of these Terms, exclusively by binding arbitration in accordance with the applicable rules of arbitration in the United States of America. The arbitration will be conducted in Wyoming, USA, in English. If you are using the Services for commercial purposes, each party will be responsible for paying any arbitration fees, administrative, and arbitrator fees in accordance with applicable arbitration rules, and the award rendered by the arbitrator will include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes:

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section will be deemed as preventing us from seeking injunctive or other equitable relief from any applicable court as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights, or other proprietary rights.

You shall not assign or transfer these Terms or any rights granted under these Terms. Any attempted assignment or transfer in violation of this section will be void and of no legal effect.

We may notify you as required by law or are for marketing or other business-related purposes via email, a tangible written notice, or through posting of such notice on our Websites. We reserve the right to determine the form and means of providing notifications to you or other Users, provided that you may opt out of certain means of notification as described in these Terms. We will not be liable for any damages or delays caused by any automatic filtering you or your network provider applies to emails.

These Terms, together with any additional terms, amendments, and any additional agreements you may enter into with us in connection with the Services, constitute the entire agreement between you and us concerning the Services. If any portion of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such portion will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.