Last Updated: June 10, 2022.
Welcome! Thanks for visiting Moat Systems, a global data company. You agree and understand that by accessing or using Moat Systems’s application programming interface (the “API”), you are agreeing to enter into this API agreement (the “API Agreement”) and be legally bound by its terms and conditions, so please read them carefully. If any term or condition of this API Agreement is unacceptable to you, please do not use our API.
Using Our API
By accessing or using Moat Systems’s API, you represent and affirm that you are at least 18 years old, have the legal capacity to enter into this API Agreement, and agree to be legally bound by the terms and conditions of this API Agreement in their entirety.
You agree and understand that this API Agreement is subject to the terms and conditions set forth in our Term of Use, which also govern this API Agreement. In case of conflict, the Term of Use shall control. You further agree and understand that the defined terms used in this API Agreement, if defined in our Term of Use, shall have the meanings set forth in our Term of Use. Your use of our API must comply with our Term of Use.
Feel free to print and keep a copy of this API Agreement, but please understand that we reserve the right to change any of these terms and conditions at any time. But don’t worry, you can always find the latest version of this API Agreement here on this page.
You agree and understand that by accessing or using Moat Systems’s API following any change to this API Agreement, your access or use of Moat Systems’s API shall constitute your agreement to the amended API Agreement, and you agree to be legally bound by its terms and conditions as amended. You should, therefore, read this API Agreement from time to time. If you do not agree to be bound by this API Agreement, you should not access or use Moat Systems’s API.
Subject to the terms and conditions set forth in this API Agreement, we hereby grant to you a non-assignable, non-exclusive, worldwide, and royalty-free limited license to use our API. You may not use our API if (i) you are not at least 18 years old and do not have the legal capacity to enter into this API Agreement, (ii) you are a person barred from using our API under the applicable laws of the United States or other countries, including the country in which you are resident or from which you use our API, and (iii) you do not agree to be legally bound by the terms and conditions of this API Agreement in their entirety.
Authorized Access and Security
When accessing or using our API, you must comply with all of our security policies and procedures at all times. You shall not, and shall not attempt to, reverse-engineer, decompile, disassemble, or otherwise attempt to determine or modify the source code of our API or create any derivative products from our API. Anyone who uses our API to access Account Data or to perform actions on Moat Systems must authenticate with an API key.
You agree that your login credentials and any other required forms of authentication, where applicable, have been chosen by you, when applicable. You also agree to keep your login credentials and any other required forms of authentication, including your API keys, confidential and separate from each other, as well as separate from any other information or documents relating to your use of Moat Systems.
You agree and understand that you are solely responsible (and you will not hold us responsible) for managing and maintaining the security of your login credentials and any other required forms of authentication, including your API keys. You further agree and understand that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your Moat Systems account(s).
You agree to accept responsibility for any charges or losses caused as a result of, or in connection with, but not limited to, an Order placed or withdrawal request initiated through our API with your API key.
You agree and understand that you are responsible for monitoring your Moat Systems account(s). If you notice any unauthorized or suspicious activity in your account or if you believe your API key, your login credentials, any other required forms of authentication, and/or any other account associated with your Moat Systems account(s) has been compromised, please contact us e-mail and notify us immediately.
Suspension or Termination
You agree and understand that we may, in our sole discretion, change, suspend, discontinue, or terminate any aspect of our API, or its availability to you, at any time and without notice.
You shall indemnify, hold harmless and at your expense defend us, our affiliates, and our and their respective officers, managers, and employees (“Indemnified Persons”) from and against any and all losses, claims, demands, and expenses (including reasonable attorney’s fees of counsel selected by us) arising in connection with any (a) of your or your affiliates’ or, in the case of Third-Party Service Providers subject to an Third-Party Service Provider Agreement, Subscribers’ (i) breach of this API Agreement, or (ii) willful misconduct or negligence; or (b) in the case of Third-Party Service Providers subject to an Third-Party Service Provider Agreement, any claim or demand by any Subscriber (or any other Person that receives Moat Systems Data or Derived Data, directly or indirectly, from you or your affiliates) against any Indemnified Person relating to the Moat Systems Data or the use thereof. For the avoidance of doubt, the indemnites set forth in this section are in addition to, and not in place of, those set forth in the Term of Use.
Warranties and Limitation of Liability
You represent and warrant that you have the requisite authority to enter into this API Agreement according to its terms, and its performance does not violate any laws, regulations, or agreements applicable to you.
THE API AND MOAT SYSTEMS DATA IS PROVIDED ON AN “AS IS” BASIS. YOU AND YOUR AFFILIATES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR OF NON-INFRINGEMENT OR ANY OTHER VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. WE AND OUR AFFILIATES DO NOT GUARANTEE OR MAKE ANY WARRANTY CONCERNING THE ACCURACY OR RELIABILITY OF THE API OR ANY MOAT SYSTEMS DATA, AND DISCLAIM ANY AND ALL LIABILITY (WHETHER IN TORT OR CONTRACT OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS IN, OR ANY DELAY OR LOSS OF ACCESS TO, OR OTHERWISE IN CONNECTION WITH THE USE, STORING, COPYING OR, IN THE CASE OF THIRD-PARTY SERVICE PROVIDERS SUBJECT TO AN THIRD-PARTY SERVICE PROVIDER AGREEMENT, REDISTRIBUTION OF, ANY MOAT SYSTEMS DATA OR MOAT SYSTEMS APIs.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND NOTWITHSTANDING ANY OF THE FOREGOING, WE WILL HAVE NO LIABILITY UNDER THIS API AGREEMENT OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE MOAT SYSTEMS DATA. FOR THE AVOIDANCE OF DOUBT, THE WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE IN ADDITION TO, AND NOT IN PLACE OF, THOSE SET FORTH IN THE TERM OF USE.
If you have any questions, would like to provide feedback, or would like more information about our APIs, please feel free to contact us via e-mail.