EtherX Developer Agreement
Last Updated: October 2, 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.
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:
1. Developer Site means EtherX’s developer site located at https://etherx.io/admin-cp/manage-api-access-keys
2. Licensed Material means, individually or collectively, the EtherX API and EtherX Content.
3. 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).
4. 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.
5. Services means your services, websites, applications, and other offerings (including research) that display EtherX Content or otherwise use the Licensed Material.
6. Post means a short-form text and multimedia-based message distributed via the EtherX Applications.
7. EtherX means (a) EtherX.io., headquartered at its designated office if your principal place of business is inside the European Union
(b) EtherX International Unlimited Company located at its designated European office if your principal place of business is in the European Union
8. 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.
9. EtherX Applications means EtherX’s real-time information service, 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.
10. 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.
11. 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.
12. 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:
1. Use the EtherX API to integrate EtherX Content into your Services or conduct analysis of the EtherX Content, as explicitly approved by EtherX;
2. Copy a reasonable amount of and display the EtherX Content on and through your Services to Users, as permitted by this Agreement;
3. Modify EtherX Content only to format it for display on your Services; and
4. 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 underlying any EtherX API or any portion thereof;
(b) interfere with, modify, disrupt, or disable features or functionality 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, or otherwise transfer or provide access to the Licensed Material;
(e) provide use of the EtherX API on a service bureau, rental or managed services basis;
(f) use the Licensed Material for any illegal or unauthorized 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;
(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 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: (a) aggregate EtherX Applications user metrics; (b) the responsiveness of EtherX Applications; and (c) usage statistics related to the performance of the EtherX API.
