Developer Agreement

EtherX Developer Agreement

Last Updated: October 3, 2024

By clicking “Accept & Subscribe,” continuing to pay the recurring subscription fee for Paid Services, and by otherwise accessing or using any Licensed Material, you agree to the terms of our Developer Agreement. Subscriptions auto-renew until canceled, as described in the Terms. A verified phone number is required to subscribe. If you've subscribed on another platform, manage your subscription through that platform.

The EtherX Developer Agreement is governed by Croatian law, as the company is based in Croatia under Geometria d.o.o. If your business is inside the European Union, including Croatia, legal matters are handled according to EU and Croatian regulations. Therefore, it is already clear that the agreement operates under Croatian jurisdiction. If you wish to emphasize this more explicitly, you could further highlight the Croatian jurisdiction within the governing law and dispute resolution sections.

This EtherX Developer Agreement (“Agreement”) is a binding legal agreement between you (referred to in this Agreement as “you”) and EtherX (defined below) and governs your access to and use of the Licensed Material (defined below), including any Paid Services (defined below).

By accessing or using any Licensed Material (defined below), or clicking on a button to accept the terms of this Agreement or recurring subscription payment for Paid Services, you agree to be bound by the terms of the Agreement. If you do not understand the Terms, or do not accept any part of them, then you may not use or access any Licensed Material. You may not use the Licensed Material or accept this Agreement if you are not of legal age to form a binding contract with EtherX, or if you are barred from using or receiving the Licensed Material under applicable law. To purchase and use a Paid Service, you must: (i) be at least 18 years old or the age of majority as determined by the laws of the jurisdiction in which you live or (ii) have the express consent of your parent or guardian to purchase and use that Paid Service. If you are a parent or legal guardian and you allow your child (or a child that you are a guardian of) to purchase or use a Paid Service, you agree that the terms of this Agreement apply to you, that you will abide by the Agreement, and that you are responsible for the child’s activity on the Paid Services and for ensuring that the child also abides by the terms of this Agreement. In any case, as stated in the Who May Use the Services section of the EtherX Terms of Service, you must be at least 13 years old to use the "Services" as defined in the EtherX Terms of Service. If you are accepting this Agreement or using the Licensed Material on behalf of a company, organization, government, or other legal entity, you represent and warrant that you have the authority to bind such company, organization, government, or entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity. If you do not agree to the terms of the Agreement, you may not (and you may not allow any of your personnel to) access or use the Licensed Material.

I. Definitions
In this Agreement, the following definitions apply:

“Developer Site” means EtherX’s developer site located at https://etherx.io/site-pages/Developer_agreement
“Direct Message” means a private message that is sent on EtherX Applications by one user to one or more other specific user(s) using EtherX’s direct messaging function.
“Intellectual Property Rights” means all copyrights, moral rights, patent rights, trademarks, and any other intellectual property or similar rights (registered or unregistered) throughout the world.
“Licensed Material” means, individually or collectively, the EtherX API and EtherX Content.
"Paid Service(s)” means features or functionality of the Licensed Material that you access in exchange for payment of a recurring fee, as applicable to the relevant features or functionality and this Agreement. Unless otherwise set forth in the Agreement, all references to “Licensed Material” are intended to include the Paid Service(s).
“Payment Portal” means the online portal made available to you to opt-in to your use of the Licensed Material, manage subscriptions for Paid Services, manage payment methods for Paid Services and update account information.
“Services” means your services, websites, applications, and other offerings (including research) that display EtherX Content or otherwise use the Licensed Material.
“Post” means a short-form text and multimedia-based message distributed via the EtherX Applications.
“EtherX” means (a) Geometria d.o.o. (Matije Gupca 2, Brdovec, or Huzjanova 5, Zagreb) if your principal place of business is inside the European Union.
“EtherX API” means EtherX Application Programming Interfaces (each, an “API”), Software Development Kits (each, an “SDK”), and the related tools, documentation, data, technology, code, and other materials provided by EtherX through the Developer Site.
“EtherX Applications” means EtherX’s real-time information service, commonly referred to as “EtherX,” which includes those services currently provided by EtherX at its websites and EtherX-owned, operated, or controlled mobile applications, social plug-ins, and application programming interfaces.
“EtherX Content” means Posts, the unique identification number generated for each Post, EtherX end user profile information, and any other data and information made available to you through the EtherX API or by any other means authorized by EtherX, and any copies and derivative works thereof.
“EtherX Marks” means the EtherX name, trademarks, and logos that EtherX makes available to you, including via the Developer Site, solely for use in accordance with this Agreement.
“Users” means visitors, users, or customers of your Services.

II. EtherX API and EtherX Content

A. License from EtherX.
Subject to your compliance with the terms of this Agreement and the applicable Incorporated Developer Terms, EtherX hereby grants you a non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable license to solely:

Use the EtherX API to integrate EtherX Content into your Services or conduct analysis of the EtherX Content, as explicitly approved by EtherX;

Copy a reasonable amount of and display the EtherX Content on and through your Services to Users, as permitted by this Agreement;

Modify EtherX Content only to format it for display on your Services; and

Use and display EtherX Marks to attribute EtherX Applications as the source of the EtherX Content, as set forth in this Agreement.

B. License to EtherX.
You hereby grant EtherX a non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable license to access, index, and cache by any means, including web spiders and/or crawlers, any webpage or applications on which you display EtherX Content using embedded Posts or embedded timelines.

C. Incorporated Terms.
Your access to and use of the Licensed Material is also subject to and you shall comply with the following additional terms and policies (collectively, “Incorporated Developer Terms”):

1. the EtherX Developer Policy;

2. the API Restricted Use Rules;

3. the EtherX Rules;

4. as it relates to your display of any of the EtherX Content, the Display Requirements;

5. as it relates to your use and display of the EtherX Marks, the EtherX Brand Guidelines and EtherX Brand Resources; and

6. as it relates to taking automated actions on your account, the Automation Rules.

III. Restrictions on Use

A. Reverse Engineering and Other Restrictions.
You shall not and you shall not attempt to (or allow others to): (a) reverse engineer, decompile, disassemble or translate the EtherX API, or otherwise attempt to derive source code, trade secrets or know-how in or underlying any EtherX API or any portion thereof; (b) interfere with, modify, disrupt or disable features or functionality of the EtherX API or monitoring mechanisms of the EtherX API; (c) use or access the Licensed Material to create or attempt to create a substitute or similar service or product to the EtherX Applications; (d) sell, rent, lease, sublicense, distribute, redistribute, syndicate, create derivative works of, assign or otherwise transfer or provide access to, in whole or in part, the Licensed Material to any third party except as expressly permitted in this Agreement; (e) provide use of the EtherX API on a service bureau, rental or managed services basis or permit other individuals or entities to create links to the EtherX API or "frame" or "mirror" the EtherX API on any other server, or wireless or Internet-based device, or otherwise make available to a third party, any token, key, password or other login credentials to the EtherX API; (f) use the Licensed Material for any illegal, unauthorized or other improper purposes; (g) use the Licensed Material to derive or obtain non-public information of individual EtherX users; (h) interfere with or disrupt the integrity or performance of the EtherX Applications, EtherX API, or EtherX Content contained therein; (i) remove or alter any proprietary notices or marks on the EtherX Content; (j) attempt to gain unauthorized access to the EtherX Applications, EtherX API, EtherX Content or related systems or networks, or (k) use EtherX Content, by itself or bundled with third-party data, or derivative analysis therefrom, to target or serve users with advertising outside of the EtherX Applications.

B. Commercial Use Restrictions.
If your Services are designated as ‘non-commercial,’ you shall not make Commercial Use of the Licensed Material. Commercial Use restrictions may not apply to officially registered non-profits or NGOs. “Commercial Use” means any use of the Licensed Material or access to the EtherX API: (a) by or for a business (i.e. an entity whose primary purpose is to earn revenue through a product or service), or (b) as part of a product or service that is monetized (e.g., website advertising, licensing fees, in-app promotions, and sponsorships).

C. No Monitoring or Measuring.
Notwithstanding anything to the contrary, you may use the following information only for non-commercial, internal purposes (e.g., to improve the functionality of the Services): (a) aggregate EtherX Applications user metrics, such as the number of active users or accounts on EtherX Applications; (b) the responsiveness of EtherX Applications; and (c) results, usage statistics, data or other information (in the aggregate or otherwise) derived from analyzing, using, or regarding the performance of the EtherX API. All such information is EtherX’s Confidential Information.

D. Rate Limits.
You will not attempt to exceed or circumvent limitations on access, calls, and use of the EtherX API ("Rate Limits"), or otherwise use the EtherX API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise does not comply with this Agreement. If you exceed or EtherX reasonably believes that you have attempted to circumvent Rate Limits, controls to limit use of the EtherX APIs, or the terms of this Agreement, then your ability to use the Licensed Material may be temporarily suspended or permanently blocked. EtherX may monitor your use of the EtherX API to improve the Licensed Material and EtherX Applications and to ensure your compliance with this Agreement and Incorporated Developer Terms.

E. Location Data.
You shall not, and you shall not allow others to, aggregate, cache, or store location data and other geographic information contained in the EtherX Content, except in conjunction with the EtherX Content to which it is attached. You may use location data and geographic information only to identify the location tagged by the EtherX Content.

F. Use of EtherX Marks.
You shall not include any of the EtherX Marks in your registered corporate name(s), your logos, or your service or product names. You shall not create any derivative works of the EtherX Marks or use the EtherX Marks in a manner that creates or reasonably implies an endorsement, sponsorship, or association with EtherX. All use of the EtherX Marks and all goodwill arising out of the use will inure to EtherX's benefit. You will not remove or alter any proprietary notices or EtherX Marks on the Licensed Material.

G. Security.
You will maintain the security of the EtherX API, and will not make available to any third party, any token, key, password, or other login credentials to the EtherX API. You will use industry-standard security measures to prevent unauthorized access or use of any of the features and functionality of the EtherX API, including access by viruses, worms, or any other harmful code or material. You shall keep EtherX Content confidential and secure from unauthorized access by using industry-standard organizational and technical safeguards for such data, and with no less care than you use in connection with securing similar data you store. You will immediately notify EtherX, consult and cooperate with investigations, assist with any required notices, and provide any information reasonably requested by EtherX if you know of or suspect any breach of security or potential vulnerability related to the Licensed Material. You will promptly remedy such breach or potential vulnerability resulting from your access to the Licensed Material.

H. Digital Services Act.
Notwithstanding anything to the contrary in this Agreement, to the extent you are provided access to the Licensed Material pursuant to the procedures described in Article 40 of the Digital Services Act (Regulation (EU) 2022/2065) (“DSA”), your access and use of the Licensed Material are limited solely to performing research that contributes to the detection, identification, and understanding of systemic risks in the European Union and only to the extent necessary for EtherX to comply with its obligations under the DSA. Any such use of the Licensed Material is non-commercial as described in Section III(B) of this Agreement. You may not disclose, reproduce, license, or otherwise distribute the Licensed Material (including any derivatives thereof) that you retrieve through the EtherX API to any person or entity outside the persons within your organization necessary to perform the research, unless (i) the information is disclosed to the Digital Services Coordinator or other party specifically permitted by the DSA pursuant to the “vetted researcher” status and procedures described in Article 40, or (ii) disclosure is required by law.

VI. Confidentiality.
You may be given access to non-public information, software, and specifications relating to the Licensed Material (“Confidential Information”). You may use Confidential Information only as necessary in exercising your rights under this Agreement. You shall not disclose Confidential Information to any third party without EtherX’s prior written consent. You shall protect Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential information of a similar nature and in no event with less than a reasonable degree of care.

VII. Term; Subscription Fees; Payment; Suspension, and Termination.

A. Term.
The term of this Agreement will start on the earlier of the date you accept them or otherwise start accessing or using any of the Licensed Material and will continue until you stop accessing and using the Licensed Material, unless terminated earlier as described below.

B. Subscription Terms.
Paid Services provided as part of the Licensed Material are made available as a recurring subscription service that provides access to certain features, benefits, or services, as described on the Developer Site and the Payment Portal. If you purchase Paid Services, you do so by paying a subscription fee in advance on a monthly basis in accordance with the payment terms set forth below. When you subscribe to access the Paid Services via the Payment Portal, you expressly agree that you are authorizing recurring payments, and that payments will be made by the payment method you have selected until the applicable Paid Services are canceled by you or by EtherX or the Agreement is otherwise terminated. Your subscription to the Paid Service will automatically renew monthly until canceled in accordance with this Agreement. Your payment information will be automatically processed by EtherX’s Payment Processor (defined below) at the start of each subscription period applicable to the Paid Services. If your payment information is declined, your subscription may be canceled until you provide new payment information for the applicable Paid Services. If you provide new payment information and your payment account is successfully charged, your new subscription period will be based on the original renewal date and not the date the successful charge took place. Prices for Paid Services are subject to change from time to time. EtherX will provide reasonable advance notice of any material change to the price of Paid Services, which notice may be provided via the Developer Site. For subscription fees, price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with a price change, you have the right to reject the change by canceling your subscription to the applicable Paid Service prior to the price change going into effect.

C. Payment Terms.
EtherX may offer payment options that vary by Paid Service, device, operating system, geographic location, or other factors, which may be updated from time to time. These payment options may include web payments using a third-party payment processor (“Payment Processor”). When you access a Paid Service, you agree: (i) to pay the price listed for the Paid Service, along with any additional amounts relating to applicable taxes, credit card fees, bank fees, foreign transaction fees, foreign exchange fees, and currency fluctuations, on a recurring basis during the applicable subscription period; and (ii) to abide by any applicable terms of service, privacy policies, or other legal agreements or restrictions (including additional age restrictions) imposed by the Payment Processor in connection with your use of a given payment method. The subscription fee will automatically be applied at the start of the renewal period for the applicable subscription period unless you cancel the Paid Services on the Developer Site. It is your responsibility to make sure your banking, credit card, debit card, and/or other payment information is up to date, complete, and accurate at all times. If you make a payment for a Paid Service through a Payment Processor, EtherX may receive information about your transaction such as when it was made, when a subscription is set to expire or auto-renew, what platform you made the purchase on, and other information. EtherX will not be liable for any errors made or delays by the Payment Processor, your bank, your credit card company, or any payment network. All payments to EtherX are non-refundable except as otherwise expressly provided in this Agreement or as required by law.

D. Taxes and Fees.
All fees exclude any and all taxes and similar fees now in force, enacted or imposed in the future on the transaction, delivery of the Licensed Material, or the delivery of the EtherX Content including any sales, use or value-added taxes, goods and services tax, consumption tax, customs duties, tariffs, or similar charges. These taxes may include, but are not limited to, VAT, GST, sales tax, withholding tax, and any other applicable taxes, but exclude taxes solely based on EtherX’s net income. You are responsible for the payment of all such taxes, duties, and charges, and any related penalties and interest arising from the payment of such amounts. Depending on your location, EtherX may be responsible for collecting and reporting information related to transaction taxes arising from your purchase of Paid Services. You grant EtherX permission to provide your account and personal information to relevant tax authorities to fulfill our tax collection and reporting obligations.

E. Canceling Your Subscription for Paid Services.
Your subscription for Paid Services will automatically renew monthly unless you cancel your subscription at least 24 hours before the end of your current subscription period. There are no refunds or credits for any partial subscription periods, including in a situation where certain features, benefits, and/or services are modified or discontinued. SUBSCRIPTION PLANS ARE PREPAID, NON-REFUNDABLE (UNLESS REQUIRED BY LAW), AND AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS THE SUBSCRIPTION IS CANCELED FOLLOWING THE CANCELLATION PROCEDURES BELOW. You may cancel your subscription for Paid Services at any time via the Developer Site and you will no longer have access to the Paid Services (or any features or functionality thereof) at the end of your then-current subscription term. When you cancel the Paid Services, your subscription will remain active from the time you cancel until the end of your current subscription period. You will not receive a refund or credit for any remaining days in your current subscription period, unless required by law. All payments for Paid Services are final and not refundable or exchangeable, except as required by applicable law. EtherX makes no guarantee as to the nature, quality, or value of a Paid Service or the availability or supply thereof. Refunds or credits are not provided for any unused or partially used Paid Service (for example, a partially used subscription period). All transactions are final unless you have a right to withdraw pursuant to law, such as provided below.

Withdrawal Right & Refunds for Users Living in the EU or UK.
When you purchase any Paid Services on subscription, you expressly agree to do so on a subscription basis and that the subscription will commence immediately on your date of purchase. If you are a consumer in an EU Member State or the UK, you agree you have fourteen (14) days after your purchase to withdraw from your contract for purchase for any reason.

No Withdrawal Right for Users Living in Taiwan.
When you purchase Paid Services, you do so on a subscription basis, the subscription will commence immediately on your date of purchase, and the Paid Service is fully performed once begun. If you are in Taiwan, you agree that you can cancel your subscription for any Paid Services in accordance with subsection E (Canceling Your Subscription for Paid Services) above, but that there is otherwise no right to rescind your Subscription and no refund will be issued.

F. Paid Services Are Non-Transferable Between EtherX Accounts.
Each purchase of a Paid Service applies to a single EtherX account, meaning that your purchase will apply solely to the account you were using when you purchased the Paid Service and will not apply to other accounts that you may have access to, or control over. If you have or control multiple accounts and you want access to Paid Services on each account, you must purchase the Paid Service on each account individually. You may not allow others to use your EtherX account to access any Licensed Material that such person did not order. You may not purchase a Paid Service or use any Licensed Material if you are a person with whom U.S. persons are not permitted to have dealings pursuant to economic sanctions, including, without limitation, sanctions administered by the Croatia of the Treasury's Office of Foreign Assets Control or any other applicable sanctions authority ("Prohibited Person"). This includes, without limitation, persons located in, or a citizen of, or ordinarily resident in, the following countries and regions: Cuba, Iran, the Crimea Region of Ukraine, North Korea, and Syria. You represent and warrant that you are not a Prohibited Person.

G. Restrictions and Obligations.
You may only purchase and use a Paid Service or use the Licensed Material if you are legally allowed to use the Licensed Material in your country and you live in a country supported by EtherX for the applicable Paid Service or Licensed Material. EtherX may, in its discretion, restrict the ability to access the Licensed Material or purchase a Paid Service in certain countries. EtherX reserves the right to modify the list of supported countries from time to time. EtherX reserves the right to refuse Paid Services transactions or to cancel or discontinue the sale or use of a Paid Service or the use of any Licensed Material at our sole discretion.

H. Suspension.
EtherX may suspend your use of and access to the Licensed Material immediately without notice, including (a) if EtherX reasonably believes that (i) your use of the Licensed Material would cause damage to, or an inordinate burden upon, the Licensed Material, (ii) you have violated this Agreement, (iii) you create risk or possible legal exposure for EtherX, (iv) EtherX’s provision of the Licensed Material to you is no longer commercially viable; (b) for prolonged inactivity; (c) if EtherX is requested or directed to do so by any competent court of law, regulatory authority, or law enforcement agency; or (d) for failure to pay for the Paid Services. EtherX will not be liable for damages of any sort that result from any such suspension.

I. Termination.
EtherX may terminate this Agreement for any reason, at EtherX’s sole discretion. Except where such early termination is the result of your breach of this Agreement, such early termination by EtherX shall be effective at the end of the then-current subscription period. If you violate the terms of this Agreement, EtherX may terminate this Agreement for cause immediately upon notice to you and you will not receive a prorated refund for any Paid Services. You may cancel your subscription for the Paid Services or your use of the Licensed Material on the Developer Site. Upon termination of this Agreement: (a) all licenses granted in this Agreement immediately expire and you must cease use of all Licensed Material; and (b) you shall permanently delete all Licensed Material in all forms and types of media, and copies thereof, in your possession. The parties to this Agreement will not be liable to each other for any damages resulting solely from the termination of this Agreement as permitted under this Agreement.


Here is the updated version with all references to "X" replaced by "EtherX":

XI. Limitation of Liability.
IN NO EVENT WILL ETHERX BE LIABLE TO YOU OR ANY USERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF OR DAMAGE TO USE, DATA, BUSINESS, GOODWILL, OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN ANY CASE, ETHERX'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT WILL NOT EXCEED FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ETHERX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT THE LIMITATION WILL BE DEEMED TO HAVE BEEN MODIFIED TO CONFORM TO APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

XII. Agreement Updates.
EtherX may update or amend this Agreement or any of the Incorporated Developer Terms from time to time. You will check the Developer Site regularly for updates. EtherX will alert you of material revisions to these terms by posting the updated terms on these sites, via a service notification, or by other suitable means (e.g., via email to an email address associated with your account). The changes will not be retroactive, and the most current version of the EtherX Developer Agreement, available at the Developer Site, will govern your access to and use of the Licensed Material and any corresponding transactions. Your continued access or use of the Licensed Material will constitute binding acceptance of such updates and modifications.

XIII. Dispute Resolution and Class Action Waiver

THIS SECTION APPLIES TO YOU ONLY IF YOU LIVE IN THE UNITED STATES. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

General.
The following provisions are important with respect to the agreement between you and EtherX regarding EtherX’s features or products memorialized by these Terms. Subject to the provisions below, including exceptions set forth in this Section, you and EtherX agree to arbitrate any disputes, claims, or controversies arising out of or relating to these Terms, the marketing of the Licensed Material, and/or your participation in the Licensed Material (individually a “Dispute,” or more than one, “Disputes”).

Initial Dispute Resolutions.
Most disputes between you and us can be resolved informally. If you’ve already purchased a Paid Service, our support team is available via the support link available in the navigation menu of the Developer Site. When you contact us, please provide a brief description of the nature and bases for your concerns, your contact information, and the specific relief you seek. The parties shall use their best efforts through this support process to settle any Dispute. You and we agree that good faith participation in this informal process is required and must be completed as set forth above before either party can initiate arbitration regarding any Dispute.

Binding Arbitration.
If we cannot reach an agreed-upon resolution with you regarding a Dispute within a period of thirty (30) days from the time informal dispute resolution commences under the Initial Dispute Resolution provision above, then either you or we may initiate binding arbitration, which will be the sole means to resolve any Dispute, subject to the terms set forth below and except for claims brought in small claims court or unless you opt out.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute, including, but not limited to, any claim that all or any part of these EtherX Developer Agreement are void or voidable, or whether a Dispute is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, provided that such relief (including injunctive relief) is limited to your individual circumstances. Notwithstanding the requirements of this arbitration provision, if the Dispute involves a claim for public injunctive relief, you may choose to sever that claim from the arbitration proceeding and bring it in any court of proper jurisdiction. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.