Welcome to Splindify! These Terms of Service (the “Terms”) regulate the usage of the Splindify website, application programming interface, and associated properties (the “Splindify Platform”) operated by Splindify Inc. (“Splindify,” “we,” or “us”). By accessing or using the Splindify Platform, you agree to be bound by these Terms. The term “User” or “you” refers to any individual accessing or using the Splindify Platform. These Terms establish a legally binding agreement between Splindify and the User. Each reference to Splindify or the User shall be referred to as a “Party,” collectively known as the “Parties.” We encourage you to review these Terms thoroughly before accessing or using the Splindify Platform.
Splindify Platform. The term “Splindify Platform” denotes the software as a service platform owned and operated by Splindify, accessible at https://www.splindify.com and its related domains.
Content. The term “Content” encompasses all data, text, code, audio, video, software, graphics, information, images, or other materials submitted, uploaded, communicated, or exchanged within the Splindify Platform.
Splindify grants you the right to install, use, access, display, and run the software on any computer or mobile device that you own or control for personal, non-commercial use, subject to compliance with all terms and conditions of the End User License Agreement (see below). Commercial use includes
By accessing and utilizing the Alpha Vantage Platform, you ("User") acknowledge and agree to the terms outlined herein. Alpha Vantage grants User a non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable license to access and utilize the Alpha Vantage Platform in accordance with this Agreement. Your acceptance of this End User License Agreement (EULA) is effective as of the date you click “Get Free API Key” (the "Effective Date")
User agrees not to engage in any activities that may compromise the integrity or security of the Alpha Vantage Platform. This includes, but is not limited to, reverse engineering, decompiling, or disassembling the source code or underlying structure of the Platform. User shall only upload Content to the Alpha Vantage Platform if they are authorized to do so. Unauthorized sharing or uploading of Content is strictly prohibited and may result in termination of access.
User acknowledges that all intellectual property rights in the Alpha Vantage Platform, including but not limited to patents, copyrights, trademarks, trade secrets, and proprietary information, are owned by Alpha Vantage. User agrees not to infringe upon these rights and to respect all applicable laws and regulations governing intellectual property.
The Alpha Vantage Platform is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Alpha Vantage makes no representations or warranties regarding the accuracy, reliability, or completeness of the Platform or any Content therein. User agrees to use the Platform at their own risk and to exercise caution when relying on any information obtained through the Platform.
In no event shall Alpha Vantage be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use or inability to use the Alpha Vantage Platform, even if Alpha Vantage has been advised of the possibility of such damages. User agrees that Alpha Vantage's total liability for any and all claims arising under this Agreement shall not exceed the total amount paid by User for access to the Platform.
User agrees to indemnify, defend, and hold harmless Alpha Vantage and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with User's use of the Alpha Vantage Platform or any breach of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
This Agreement constitutes the entire agreement between User and Alpha Vantage regarding the subject matter herein and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to such subject matter.
Alpha Vantage reserves the right to modify or amend this Agreement at any time without prior notice. User's continued use of the Alpha Vantage Platform following any such modifications constitutes acceptance of the revised Agreement.
Ownership by Alpha Vantage: Alpha Vantage maintains exclusive ownership of all intellectual property rights associated with the Alpha Vantage Platform. This includes, but is not limited to, the HTML and DHTML files, Java Script files, UI elements, graphics files, visual comps, animation files, databases, technology, scripts, and programs, both in object and source code form. Additionally, any other content developed by Alpha Vantage to fulfill its obligations under this Agreement is also covered under this provision. This ensures that Alpha Vantage retains full control and ownership of the platform and its underlying technology, enabling it to effectively manage and enhance the platform's performance and functionality.
Users retain full ownership of the intellectual property rights to their data and any other content developed by them. This provision grants users the autonomy to maintain control over their creations and contributions within the Alpha Vantage Platform. Users have the freedom to utilize and manage their data and content as they see fit, without relinquishing their rights to ownership. This ensures that users can confidently engage with the platform, knowing that their intellectual property rights are respected and protected.
This delineation of intellectual property rights establishes a clear framework for ownership and control within the Alpha Vantage Platform ecosystem. By delineating the respective rights of Alpha Vantage and users, this provision promotes transparency and clarity regarding the ownership and usage of intellectual property within the platform. Users can feel confident that their contributions are safeguarded, while Alpha Vantage can continue to innovate and enhance the platform's capabilities to deliver value to its users.
Alpha Vantage extends User access to the Alpha Vantage Platform indefinitely, starting from the Effective Date of this Agreement, referred to as the "Annual License Term." Subsequently, this Agreement automatically renews for successive one-year terms, known as the "Renewal Term," unless either Party provides the other with written notice at least thirty days before the expiration of the current term. This ensures continuous access to the platform's services and features, fostering a seamless user experience and facilitating ongoing collaboration and engagement within the platform ecosystem.
In the event of termination by either Party in accordance with the provisions of this Agreement, neither Party shall be held liable for any expenditures, commitments, or damages associated with such termination. Upon termination, User's access to the Alpha Vantage Platform will be promptly deactivated, ensuring compliance with the terms of the agreement and safeguarding the security and integrity of the platform. Refunds for Premium Membership plans are not provided upon termination unless specifically authorized by the Alpha Vantage Platform. It is important to note that certain sections of this Agreement, such as the Indemnity provision, remain in effect even after termination, ensuring ongoing protection and legal compliance beyond the termination of the agreement.
Each Party affirms and warrants that all Content contributed pursuant to this Agreement for utilization within the Alpha Vantage Platform will not (i) infringe upon the intellectual property rights of any third party, including copyrights, trademarks, trade secrets, patents, or other proprietary rights, or (ii) violate any applicable statutes, laws, ordinances, or regulations. This commitment to upholding intellectual property rights and legal compliance underscores the importance of responsible and ethical conduct within the platform ecosystem. By affirming these representations and warranties, both Parties demonstrate their dedication to fostering a respectful and lawful environment for collaboration and content sharing within the Alpha Vantage Platform.
To the fullest extent permitted by applicable law, both Parties agree to indemnify, defend, and hold harmless each other, as well as their subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners, and each of their respective successors and assigns (referred to collectively as the “Indemnified Parties”), from and against all damages, losses, liabilities, claims, expenses, fees, or costs, including reasonable attorneys’ fees and costs, resulting from any legal action based on a valid claim that the Content provided or contributed by the indemnifying Party infringes upon another person's U.S. patent, copyright, trade secret, or trademark. This provision ensures that both Parties are protected from potential legal liabilities arising from allegations of intellectual property infringement related to the content contributed within the platform. By agreeing to indemnify each other, the Parties demonstrate their commitment to mitigating risks and upholding their respective legal responsibilities within the platform ecosystem.
To the extent permitted by applicable law, the Alpha Vantage Platform and the content provided within it are offered on an “as is” and “as available” basis. Alpha Vantage does not guarantee or warrant that the Alpha Vantage Platform or its content will be uninterrupted, timely, or secure; free of defects, inaccuracies, or errors; or that it will meet your specific requirements or operate seamlessly with other hardware or software you utilize. Except where prohibited by law, Alpha Vantage expressly disclaims any and all representations, warranties, or conditions of any kind, whether express or implied, including but not limited to implied warranties of fitness for a particular purpose, merchantability, and non-infringement. Alpha Vantage shall not be held liable for any damages or losses resulting from your use of or reliance on the Alpha Vantage Platform and its content. This disclaimer serves to manage user expectations regarding the platform's performance and functionality, while also outlining the limitations of Alpha Vantage's liability under applicable law.
Neither Party shall be held liable or accountable for any delays in fulfilling its obligations under this Agreement due to circumstances beyond its reasonable control. These circumstances may include, but are not limited to, adverse weather conditions, interruptions in internet services, denial of service attacks, telecommunications or power outages, fires, floods, civil disturbances, labor disputes, strikes, lockouts, transportation issues, embargoes, acts of terrorism, natural disasters, wars, or acts of God. This provision acknowledges the unpredictability of external events and seeks to protect both Parties from undue burdens arising from situations beyond their control.
The validity or enforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. This provision ensures that if any part of the Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect, preserving the integrity and enforceability of the Agreement as a whole.
No changes or modifications to this Agreement shall be considered effective unless made in writing and signed by an authorized representative of both Parties. This requirement ensures that any alterations to the Agreement are documented and agreed upon by both Parties, maintaining clarity and preventing misunderstandings or disputes regarding the terms of the Agreement.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Massachusetts, without regard to conflicts of law principles. This provision establishes the governing law for interpreting and enforcing the Agreement, providing clarity and consistency in legal matters related to the Agreement.
Neither Party shall assign any rights or obligations under this Agreement without the prior written consent of the other Party, except in cases where such consent is unreasonably withheld. This provision safeguards the interests of both Parties and ensures that any assignments of rights or obligations are made with mutual consent, preserving the integrity and stability of the Agreement.
No failure or delay by either Party in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof. This provision emphasizes that the failure to enforce any provision of the Agreement does not constitute a waiver of that provision or any other rights under the Agreement.
This Agreement does not create or imply any agency, employment, or franchisor-franchisee relationship between the Parties. This provision clarifies that the Agreement establishes a contractual relationship between independent entities and does not imply any form of employment or partnership.
Section headings are provided for reference purposes only and do not limit the scope or interpretation of the respective sections. This provision clarifies that the headings within the Agreement are for organizational purposes and do not alter or limit the meaning of the provisions they precede.
This Agreement constitutes the entire agreement between Splindify and the user and supersedes all prior or contemporaneous agreements, whether written or oral, regarding the subject matter herein. This provision confirms that the Agreement comprehensively addresses all relevant aspects of the parties' relationship and overrides any previous agreements or discussions on the same subject matter.