The following terms and conditions incorporate a legal agreement between you (“You”) and Neivi Innovación Tecnológica, S.L. ("neiviit", “tokenchannel”) and set forth the terms and conditions by which neiviit will make the tokenchannel API service available in order to electronically provide You with use of and access to tokenchannel Data & Services.
tokenchannel API Services
For the purposes of this Agreement, “tokenchannel API Services” shall consist of:
- Verification services via messaging channels (including SMS, Text To Speech voice calls, App to App, App to Person, social networks, messaging apps, Email),
- all data and information feeds, media, software, and/or electronic documentation made available or supplied by neiviit or its licensees and
- certain other software, data, and/or documents supplied by neiviit or its licensees to facilitate use of such data or services. “tokenchannel API Data and Services” means neiviit’s service or application programming interface that allows You and other authorized licensees to access tokenchannel API Data & Services and make use of tokenchannel API Services. This Agreement includes all amendments, addendums, and revisions to the terms herein in effect between You and neiviit from time to time.
By accessing or otherwise using the tokenchannel API, You acknowledge that You:
- have read all of the terms and conditions of this Agreement;
- agree to be bound by the terms and conditions of this Agreement;
- agree to check the tokenchannel API pages from time to time for any updates or amendments to the terms and conditions of this Agreement; and,
- have the power and authority to enter into this Agreement. If You do not acknowledge the above, You may not access or use the tokenchannel API. If You are dissatisfied with the terms, conditions, rules, policies, guidelines, or practices of neiviit, Your sole and exclusive remedy is to discontinue accessing or otherwise using the tokenchannel API.
tokenchannel.io is a site operated by Neivi Innovación Tecnológica, S.L., an Spanish technology company registered in Madrid, Spain, with CIF/VAT number ESB87387775, at the following location:
Madrid Office (HQ) Calle Virgen de la Ribera 3 28860 Paracuellos de Jarama, Madrid Spain
Scope of License
Grant of License
neiviit hereby grants to You a non-transferable, non-exclusive, revocable, and limited license for the term of this Agreement to access the tokenchannel API and use tokenchannel API Data & Services strictly for the limited purposes, and under the terms and conditions, as are set forth in this Agreement.
Scope of the tokenchannel API License
Subject to Your compliance with the terms of this Agreement, You are hereby permitted to receive, process, and display tokenchannel API Data & Services to individual end-users of your application(s), provided
- such end users use tokenchannel API Data & Services strictly for their own personal use,
- You do not permit Your end users to store, distribute, or otherwise exploit tokenchannel API Data & Services for any other purposes.
For clarity, and without limiting the forgoing, You are permitted solely to use tokenchannel API Data & Services for reference by Your end users. Except as expressly provided herein, under no circumstances whatsoever may You transfer or permit the transfer of tokenchannel API Data & Services outside of your application(s).
Use of License
You shall not:
- reproduce, copy, modify, distribute, market, display, transfer, sublicense, assign, prepare derivative work(s) or adaptation(s) based on, sell, exchange, barter or transfer, rent, lease, loan, time-share, resell, or in any other manner exploit tokenchannel API Data & Services or the tokenchannel API;
- make access to tokenchannel API Data & Services or the tokenchannel API available to unauthorized parties, or otherwise post or distribute tokenchannel API Data & Services in any public forum including, but not limited to, print, newsletters, radio, television, or internet;
- remove, obscure, or alter any required notice or any notice of neiviit’s intellectual property rights present on or in the tokenchannel API, including, but not limited to, copyright, trademark, and/or patent notices;
- disassemble, translate, reverse engineer or otherwise decompile tokenchannel API Data & Services or the tokenchannel API;
- knowingly cause or permit anything that will impair, jeopardize, violate, or infringe the intellectual property rights of neiviit in tokenchannel API Data & Services or the tokenchannel API;
- directly or indirectly dispute or contest the ownership, validity, or enforceability of the intellectual property rights of neiviit in tokenchannel API Data & Services or the tokenchannel API, or assist any party to do so;
- through Your use of tokenchannel API Data & Services or the tokenchannel API, knowingly cause or permit anything that You know or ought to know will prejudice or hamper the reputation or goodwill of neiviit;
- claim, use, or apply to register, record, or file any trade mark, trade name, copyright, or design that is identical or confusingly similar to neiviit’s trademarks, or assist any other party to do so;
- use, store, or access any tokenchannel API Data & Services, or the tokenchannel API after the termination of this Agreement;
- use or permit others to use, market, distribute, or export tokenchannel API Data & Services, or the tokenchannel API; or,
- use tokenchannel API Data & Services or the tokenchannel API in any manner or for any purpose that violates any law, regulation or right of any person.
While usage of the tokenchannel API is not subject to Your end users being made aware by You that neiviit is supplying the functionality you are making use of in your application(s), Your inclusion of a clickable hyperlink to the tokenchannel API website at https://tokenchannel.io would be highly appreciated.
Your Responsibility to Safeguard
You shall use Your best efforts and take all necessary steps to safeguard tokenchannel API Data & Services to ensure that no unauthorized reproduction, publication, disclosure, modification, distribution, or other use of any tokenchannel API Data & Services is made in whole or in part. To the extent that You become aware of any such unauthorized use of tokenchannel API Data & Services, You shall immediately notify neiviit by emailing “firstname.lastname@example.org”.
Misuse of the Licensed Product
In the event that You or any end users use tokenchannel API Data & Services or the tokenchannel API in violation of this Agreement, as applicable, neivit shall have the option of electing liquidated damages.
Services and Data
Use of the tokenchannel API
Subject to the terms herein, neiviit will provide You with access to tokenchannel API Data & Services over the Internet through the tokenchannel API. All calls to the tokenchannel API must reference the credentials issued to You by neiviit. You may not disclose Your credentials to any other party. You are solely responsible for ensuring the secrecy and security of Your credentials and will be responsible for all activities that occur using such credentials. You shall not use the tokenchannel API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.
The extent of Your usage of the tokenchannel API is dependent on Your subscription plan. You shall not exceed the usage limits associated with Your account. Unused amounts of call usage will not be carried over from one monthly period to the next. If You exceed Your monthly usage limit, the tokenchannel API will return an error message stating that Your monthly usage limit has been reached and no further API calls can be made within the current monthly term. It is Your sole responsibility to ensure that your application(s) properly detect and handle any returned error messages. neivit will make reasonable efforts to help You identify and resolve usage problems, or to review the suitability of Your current subscription plan for Your needs. neivit reserves the right to limit or throttle the number of network calls available to Your application(s) if neivit (in its sole discretion) believes that such calls are being made for malicious reasons, or as the result of a technical error.
Responsibility for Software and Hardware
You shall be solely responsible for acquiring, providing, and maintaining all software/hardware and Internet Services required to access the tokenchannel API, including but not limited to telecommunication and internet connections, ISP, web browsers, and/or other equipment and software required to access and use the tokenchannel API.
Services May Be Inaccessible Or Inoperable
You hereby acknowledge that from time to time, the tokenchannel API may be inaccessible or inoperable for any reason, including, without limitation:
- equipment (hardware) malfunctions;
- software malfunctions;
- periodic maintenance procedures or repairs which neiviit may undertake from time to time; and/or,
- causes beyond the reasonable control of neiviit and/or not reasonably foreseeable by neiviit.
Right to Change Content or Format
You acknowledge that neiviit may from time to time, and in its sole discretion, update or change the content or format of tokenchannel API Data & Services or the tokenchannel API. neiviit shall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since neiviit strives to accurately reflect these and adjust to these changes, significant advance notice is not always possible. You may be required to use the most recent version of the tokenchannel API in order to ensure functionality of Your application(s) with tokenchannel API Data & Services.
Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Each Subscriber agrees that tokenchannel (neiviit) may include such Subscriber’s name and trademarks in a list of tokenchannel (neiviit) Subscribers, online or in promotional materials. Each Subscriber also agrees that tokenchannel (neiviit) may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this section by contacting "email@example.com".
"tokenchannel", "tokenchannel.io", the tokenchannel logo and other identifying marks of tokenchannel are and shall remain the trademarks and trade names and exclusive property of neiviit, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners.
Licensed, Not Sold
Use of tokenchannel API Data & Services and the tokenchannel API is licensed, and not sold.
Consent to Collection, Use, Retention, and Disclosure of Information
No Granting of Ownership Rights
You acknowledge that neiviit owns all right, title, and interest (including but not limited to all copyright rights therein) in and to the tokenchannel API Data & Services or the tokenchannel API, and that You shall not take any action inconsistent with such ownership. Nothing contained in this Agreement shall be construed as granting You or any end users any ownership rights in or to any tokenchannel API Data & Services or the tokenchannel API.
neiviit’s Right to Terminate
neiviit reserves the right at any time to terminate this Agreement, or withdraw from distributing tokenchannel API Data & Services or providing access to the tokenchannel API, if for any reason it no longer retains the right to publish or distribute the tokenchannel API Data & Services.
Provided in Good Faith
The tokenchannel API is provided by neiviit in good faith and although neiviit endeavours to ensure that tokenchannel API Data & Services and the tokenchannel API are accurate and obtained from sources believed to be reliable, neiviit does not guarantee or warrant:
- the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of tokenchannel API Data & Services or the tokenchannel API; or
- that the tokenchannel API Data & Services or the tokenchannel API is free from errors or other material defects.
The tokenchannel API and tokenchannel API Data & Services are provided “as is” and “as available”, without any warranty of any kind and neiviit, its affiliates, agents and/or suppliers, officers, directors, and employees expressly disclaim any and all warranties, whether expressed or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of third parties. In no event shall neiviit be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In no event shall neiviit, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the tokenchannel API, be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In the event the limitations and disclaimers contained in this Article are found by a court of competent jurisdiction to be ineffective or inapplicable, the parties agree that neiviit’s maximum aggregate liability to You and all end users, whether arising in contract, tort, strict liability, or otherwise, shall be limited, and in no event shall it exceed, the amount of fees paid by You for the current term.
neiviit does not represent or warrant that the tokenchannel API, or access to the tokenchannel API, will be uninterrupted or error-free or that errors in the tokenchannel API and/or tokenchannel API Data & Services will be corrected.
In no event shall neiviit, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the tokenchannel API be liable to You or to any end users in any manner whatsoever for any interruptions, delays, the unavailability or inoperability, inaccuracies, errors, or omissions, regardless of cause, in the tokenchannel API and/or the tokenchannel API Data & Services or for any losses, damages, liabilities or expenses resulting therefrom regardless of cause, even if neiviit knew or should have known of the possibility of or could have prevented such damages.
Indemnification by You
You shall indemnify, defend, and save harmless neiviit from any loss, damage, liability or expense (including reasonable attorneys’ fees, accountants’ fees and other legal expenses) to which neiviit may become subject to and which are in any way related to or which have arisen under or in connection with:
- any act or omission by You or any person connected, affiliated, or associated with You with respect to this Agreement and/or the tokenchannel API; and/or,
- any non-fulfillment or breach of any covenant or agreement on Your part pursuant to this Agreement or any incorrectness in or breach of any representation or warranty made by You contained in this Agreement.
These Terms of Service incorporate by reference all notices and disclaimers contained in the Services constitute the entire agreement between you and tokenchannel with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms of Service supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and tokenchannel relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and tokenchannel.
If any provision of these Terms of Service is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms of Service shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. tokenchannel's failure to insist upon, or enforce, strict performance of any right or provision of these Terms of Service shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms of Service.
If you are a consumer, please note that these Terms of Service, its subject matter and its formation, are governed by Spanish law. You and we both agree to that the courts of Spain will have non-exclusive jurisdiction. If you are a business, these Terms of Service, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Spanish law. We both agree to the exclusive jurisdiction of the courts of Spain.
Should you have any questions, complaints, or comments about these Terms of Service, this service, or website, or require further clarification of any kind, please do not hesitate to contact us.
Jan 13, 2020: Initial version