API Terms of Use for Developers
These Terms of Use are effective as of 26th of October, 2022.
1. DEFINITIONS
1.1 The 3Commas application programming interface (“3Commas API” or “API”) and related specification documents is made available to you by 3Commas Technologies OÜ, a company formed under the laws of the Republic of Estonia (“3Commas”, “we”, “us” or “our”) through the website located at https://3commas.io
1.2 “Application" or "App" means the specialized program developed by you and or integrated by you with the use our API.
1.3 “Terms of Service” or “API Terms” means these 3Commas API Terms of Service.
1.4 “End-User(s)” means a person who ultimately uses or is intended to ultimately use our API or other 3Commas products.
2. SCOPE
2.1 These API Terms, together with related specification documents which regulate the use of our API and creation of Apps with the use of our API, our Terms of Use, available at https://3commas.io/terms-and-conditions and Privacy Policy available at https://3commas.io/privacy-policy form a binding "Contract" between you and us.
2.2 THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS AND LIMITATIONS, PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE API. BY ACCEPTING THESE TERMS, YOU AGREE AND CONFIRM THAT:
2.2.1 you have read, understood, and agreed to be bound by these Terms of Use;
2.2.2 you assume all the obligations set forth herein;
2.2.3 you are of sufficient legal age and capacity to use the API;
2.2.4 you are not under the control of jurisdiction that explicitly prohibits the use of similar software;
2.2.5 you use the API at your discretion and under your own responsibility.
2.3 If you are entering into these Terms of Use on behalf of a legal person (i.e. company or other legal entity), you represent that you have the authority to bind such legal person to these Terms of Use and that you have shared all email addresses, passwords and access credentials with other authorized representatives of the legal person. If you do not have such authority you must not accept these Terms of Use and may not use the API.
3. INTELLECTUAL PROPERTY RIGHTS AND REQUIREMENTS
3.1 Subject to your compliance with all of the terms set out in these Terms of Service, 3Commas grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to use our API to develop, test, and support your Application, and allow Customers to use your integration of the 3Commas API within your Application. Violation of these Terms of Use may result in the suspension or termination of your use of our API in accordance with Section 7.
3.2 The following requirements are, among other, fundamental terms as part of the above license:
3.2.1 you may not use our API in a way that could impair, harm or damage 3Commas or our affiliates or any of our Services, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors;
3.2.2 you may not use our API to disrupt, interfere with, or attempt to gain unauthorized access to services, servers, devices, or networks connected to or which can be accessed via the API;
3.2.3 you may not use our API in any manner that works around any technical limitations of our API or reverse engineer, decompile or disassemble our API;
3.2.4 you may not use our API, or any data obtained using our API, to identify, exploit or publicly disclose any potential security vulnerabilities;
3.2.5 you may not use the API in a manner that violates any requirements or restrictions as set out in Section 4 of these Terms of Use;
3.2.6 you may not use our API or allow any user to use the Application in a way that violates applicable law, including:
3.2.6.1 Illegal activities, such as child pornography, gambling, piracy, violating copyright, binary options, trademark or other intellectual property laws;
3.2.6.2 Intending to exploit minors in any way;
3.2.6.3 Threatening, stalking, defaming, defrauding, degrading, victimizing or intimidating anyone for any reason;
3.2.6.4 Violating applicable privacy laws and regulations.
3.3 For all contents and data, that you insert or make available via our API, you grant 3Commas free of charge a transferable, sublicensable, non-exclusive, irrevocable, worldwide right of use and exploitation and for the maximum term permitted under applicable law and which is unlimited in terms of content, to use this content and data for any purpose including but not limited to the purposes of:
3.3.1 providing the API;
3.3.2 conducting research, develop new products and services;
3.3.3 predictive analytics and insights;
3.3.4 improvement and further development of the API and other 3Commas products; and
3.3.5 other, including commercial use ("Right of Use and Exploitation”);
3.3.6 The Right of Use and Exploitation covers in particular, but not exclusively, the right to amend, edit and translate, as well as to store, reproduce, disseminate, make accessible to the public, send, disclose publicly and non-publicly and otherwise make available the User Content, including, without limitation, all Apps that you create, the names of such Apps and any settings that you create for such Apps. By entering or making available Apps with the help of the API, you guarantee that the Apps are in accordance with these API Terms, do not violate the rights of third parties and that you are entitled to grant these Rights of Use and Exploitation. You shall indemnify 3Commas against all claims brought by third parties against 3Commas in connection with the exercise of these Rights of Use and Exploitation.
3.4 Further requirements for proper use of our API are also included in related specification documents. Any further requirements not mentioned in these API Terms which are contained in specification documents shall be considered as part of these API Terms. In case of conflicting requirements, the requirements set out in related specification documents shall have control.
4. USE of API
4.1 When using our API, you may come in contact with various forms of data. You must comply with all laws and regulations applicable to your use of the data accessed through our API, including laws related to privacy and data protection (such as the General Data Protection Regulation). For further information on our data protection requirements, please see our Privacy Policy, available at https://3commas.io/privacy-policy.
4.2 Without prejudice to requirements set out in our Privacy Policy, for the data you may have obtained through our API, you must:
4.2.1 obtain all necessary consents before processing data and obtain additional consent if the processing changes ("Data Access Consents”);
4.2.2 In the event you're storing data locally, ensure that data is kept up to date and implement corrections, restrictions to data, or the deletion of data as reflected in the data obtained through your use of our API;
4.2.3 implement proper retention and deletion policies, including deleting all data when End User abandons your Application, uninstalls your Application, closes their account with you, or abandons the account;
4.2.4 maintain and comply with a written statement available to End Users that describes your privacy practices regarding data and information you collect and use ("Your Privacy Statement”).
4.3 When using our API, you may come in contact with various forms of information and functionalities regarding End User accounts. This potentially includes information and functionalities about bots and smart trade functions connected to End User accounts. It is forbidden to in any way manipulate (this includes but is not limited to changing, erasing and adding) with any information or functionalities connected to End User accounts without properly notifying the affected End User beforehand of any such intent. Furthermore, the End User must give their express consent to any such manipulation prior to commencement of any form of manipulation.
4.4 In addition to the above, you are required to notify the End User of any changes to the Application, this includes, but is not limited to, information regarding functional changes to the Application and any manipulation of End User input in the Application. Furthermore, the End User must give their express consent to any such manipulation prior to commencement of any form of manipulation.
4.5 It is forbidden to use the API or Applications connected to the API to offer investment advice of any kind.
5. SUSPENSION OF USE
5.1 In case of breach of any of the requirements set out in these API Terms or our Terms of Use, we reserve the right, at our sole discretion, to immediately and without prior warning or notice suspend your use of the API and suspend the availability of your Application.
5.2 To this end we will, before publication and continuously throughout the use of the API, monitor Applications using our API for any potential breaches of these API Terms or our Terms of Use. You must not interfere or attempt to interfere with such monitoring. We may use any technical means to overcome such interference.
5.3 You agree to assist us in verifying your compliance with these API Terms and our Terms of Use by providing us with information about your Application and storage of content, which may include access to your Application and other materials or systems related to your use of the API.
5.4 To be clear, we only allow Applications that meet the requirements and criteria set out in these API Terms and our Terms of Use. Any Application failing to meet these requirements shall be subject to suspension as described in Clause 5.1.
6. CHANGES TO TERMS
6.1 We reserve the right to update and change these API Terms from time to time without notice, in case the change is advantageous for you, does not change the contractual relationship between us or is necessary for us to obey with statutory requirements or authorities’ decisions. Any material changes will be communicated via e-mail fifteen (15) days in advance and become effective and binding in the end of the fifteenth (15) day the advance notice period ends. In case you do not agree with the changes, you have the right terminate the use of our API within these fifteen (15) days.
7 ABILITY AND WARRANTIES
7.1 WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE 3Commas API. YOU UNDERSTAND THAT USE OF THE 3Commas API IS AT YOUR OWN RISK AND THAT WE PROVIDE THE 3Commas API ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE" TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE API TERMS ARE INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. WE DO NOT GUARANTEE THE 3Commas API WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE 3Commas API MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION, ERRORS IN FUNCTIONING, OR THAT DATA LOSS WILL NOT OCCUR.
7.2 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless 3Commas, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these API Terms or your provision of Application(s) developed, tested, supported or integrated with the help of our API.
8. TERMINATION
8.1 These API Terms shall be concluded for indefinite term. Each party has the right to terminate these API Terms by providing the other party thirty (30) days’ advance notice. The parties acknowledge their obligation to perform their obligations under these API Terms until the end of the thirty (30) days’ advance period).
8.2 In case of fundamental breach of these API Terms we may at any time suspend or immediately terminate these API Terms, any rights granted herein, and/or your license to the API, in our sole discretion.
9. PRICES, PAYMENT TERMS AND REFUNDS
9.1 For terms governing prices, payment terms and refunds please see Section 10 of our Client Terms of Use, available at https://3commas.io/terms-and-conditions.
9.2 Billing process is described in the following Sections.
9.2.1 3Commas shall make you a payout in the amount of the revenue you generate from the subscriptions to your Application that has been developed using the 3Commas API.
9.2.2 Request for payout shall be generated by you in your profile on 3Commas website. Payout of commissions shall occur once per calendar month based on request generated by you. By generating a payment request, you authorise 3Commas to issue self-invoices on your behalf. Value-added tax will be included on the invoice only if you notify 3Commas of your registration enabling you to charge the value-added tax regarding the respective subscriptions. Failure to do so shall not eliminate nor transfer your obligation to charge or pay the respective value-added tax.
9.2.3 For the first USD 1000 (or a sum in an equivalent currency) you generate from the subscriptions to your Application no commission will be charged by 3Commas.
9.2.4 After reaching the threshold described in Section 9.2.3 you will be obliged to pay 3Commas 10% commission from your monthly income from paid subscriptions to your Application.
9.2.5 Six (6) months after you reached the threshold described in Section 9.2.3, you will be obliged to pay 3Commas 30% commission from your monthly income from paid subscriptions.
9.2.6 The parties to this Terms of Use may separately bilaterally agree on special (i.e. different from the above) commissions in case of high demand from clients on specific application(s).
9.2.7 The aforementioned commissions shall be deducted from the monthly payouts (described in Section 9.2.1).
9.2.8 You are solely responsible for paying taxes on all payments received according to the applicable law in your jurisdiction. The total amount receivable by you, inclusive of taxes, shall not, in any case, exceed the payments for subscriptions received by 3Commas (exclusive of taxes charged on the subscription which 3Commas is unable to deduct).
10. PRIVACY AND PERSONAL INFORMATION
10.1 In order to make full use of the API, you will need to provide some information relating to you (“Personal Data”). You acknowledge that 3Commas will collect and use certain Personal Data as described in our Privacy Policy. For more information about our collection, use, disclosure and protection of your Personal Data, please read our Privacy Policy at https://3commas.io/privacy-policy. Questions or requests with respect to your Personal Data may be sent via email to [email protected].
11. GENERAL
11.1 Our API and documentation are intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply.
11.2 You may not assign or delegate any rights or obligations hereunder, including in connection with a change of control. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these API Terms, fully or partially without notice to you.
11.3 To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these API Terms invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfil its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these API Terms will continue in full force and effect.
11.4 These API Terms and any contractual or non-contractual disputes arising out of or in connection with your use of our API will be governed by and in accordance with Estonian law and settled in Harju County Court (Estonia).
12. SANCTIONS COMPLIANCE
12.1. By accessing and using 3Commas' services, you represent and warrant that you:
12.1.1. have not been included in any trade embargoes or economic sanctions list, including but not limited to:
- Restrictive measures of the European Union
- Sanctions of the United Nations
- Sanctions of the Government of Estonia
- the list of specially designated nationals maintained by Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury
- the denied personas or entity list of the U.S. Department of Commerce
- Lists of subjects to Financial Sanctions maintained by the UK Office of Financial Sanctions Implementation (OFSI)
12.1.2. your use and access of 3Commas services does not violate or circumvent international sanctions and restrictive measures established by the European Union, United Nations, United States of America, United Kingdom or other international sanctions applicable in the Republic of Estonia, and
12.1.3. are not from any of the following comprehensively sanctioned countries or geographic regions (this list is subject to change from time to time):
(a) Belarus
(b) Burma (Myanmar)
(c) Cote d’Ivoire
(d) Crimea (Region of Ukraine)
(e) Cuba
(f) Democratic Republic of the Congo
(g) Donetsk (Region of Ukraine)
(h) Iran
(i) Iraq
(j) Liberia (Former Regime of Charles Taylor)
(k) Libya
(l) Luhansk (Region of Ukraine)
(m) Nicaragua
(n) North Korea
(o) Russian Federation
(p) Sierra Leone
(q) Somalia
(r) Sudan
(s) Syria
(t) Venezuela
(u) Yemen
(v) Zimbabwe
12.2. We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in our sole discretion, the provision of 3Commas services in certain countries or regions, including those not listed in Section 12.1.2.
12.3. If you become subject to international sanctions, you are obliged to immediately stop using our services and notify us.
12.4. Without prejudice to other grounds for such actions available to us, we have the right to terminate, suspend, or restrict the provision of 3Commas' services to you as well as to terminate this Agreement in case:
12.4.1. you become a subject of international sanctions,
12.4.2. providing services to you is considered a violation or circumvention of international sanctions,
12.4.3. you are according to our assessment related to a territory, area of activity, transaction or person subject to international sanctions, or
12.4.4 we apply our right referred to in Section 12.2.
3Commas Technologies OÜ
Laeva 2, Tallinn, Estonia, 10412
Registration code 14125515 in the Commercial Register of companies of the Republic of Estonia
VAT number EE101951896
