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Whispertrades API Terms of Service

These Terms of Service govern your use of the Application Programming Interface "API" offered by Whispertrades, LLC.

By accessing or using the API, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the API.

We reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on September 24, 2023.

API Access

To use the API, you must read and agree to the Terms on this page. Your agreement to these Terms is indicated via checkbox in your Whispertrades account setting.

Upon agreement, you will have access to API key generation. API keys provide programmatic access to your Whispertrades account. You are responsible for maintaining the security and confidentiality of your API key(s), and you agree to notify us immediately of any unauthorized use or breach of security. Whispertrades is not liable for any loss or damage arising from compromised API keys in your possession.

License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the API solely for the purpose of integrating it into your personal application or service in accordance with our documentation.

Restrictions

You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of the API. You may not use the API for any unlawful or prohibited purpose, including but not limited to:

  • Business or commercial use.
  • Attempting to gain unauthorized access to the API or our servers.
  • Distributing malware or engaging in any malicious activity.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR USE OR INABILITY TO USE THE API;
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE API;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR API BY ANY THIRD PARTY;
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE API.

Disclaimer of Warranty

You acknowledge and agree that our API is provided for use "as is", without any warranties of accuracy, reliability, likely-result, merchantability, fitness for a particular purpose, non-infringement, compatibility, security, or being up-to-date. Any usage of the API is at your sole and exclusive risk. To the maximum extent permitted by law, we expressly disclaim any and all warranties, conditions, representations, and guarantees with respect to the API, the accuracy, reliability, adequacy, or completeness of the API, or any other material provided by any link to another website or service, whether express or implied, arising by law, custom, prior oral or written statements, or otherwise, including without limitation, any warranty of merchantability, likely-result, fitness for a particular purpose or non-infringement. No representation or other affirmation of fact, including without limitation, statements regarding capacity, suitability for use, or performance of the API whether made by our employees or otherwise, which is not contained in the terms, will be deemed to be a warranty by us for any purpose, or give rise to any liability of us whatsoever.

We will make efforts to run the API efficiently and accessible at all times. However, the API's operation is dependent upon various factors such as software, hardware, and communication networks. By their nature, these factors are not fault free. We do not warrant that the API will operate in an uninterrupted or error-free manner, or that the API will always be available, free from all harmful components, or that at all times the API will completely safe, and secured from unauthorized access to our computers, immune from damages, free of malfunctions, bugs or failures, including but not limited to, hardware failures, software failures and software communication failures, originating either in us or any other service provider. Such incidents will not be considered as a breach of the Terms.

Limitation of Liability

In no event shall Whispertrades or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this API, even if Whispertrades or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Fair Use

We provide the API with the assumption your use will be “business as usual”, as per our offerings. If your use is considered to be excessive, your API access may be revoked.

Customer Accountability

We regard our customers as being responsible for their own actions when using our API. This responsibility also applies to anyone using our API on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures. It is your responsibility to secure your API key(s) and immediately inform Whispertrades if your API key is compromised.

If a customer — or anyone using our services as a result of the customer — violates our Terms of Service, we reserve the right to terminate any access associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice.

Unethical, Exploitative, and Malicious Activity

The API must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this Terms of Service or the Terms of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks.

Our API must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).

Our API must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our systems.

Our API must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.

Unauthorized Use of Whispertrades, LLC Property

We prohibit the impersonation of Whispertrades, LLC, the representation of a significant business relationship with Whispertrades, LLC, or ownership of any Whispertrades, LLC property (including our service and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.

Right to Terminate

We may suspend or terminate your right to use the API and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service or for any reason that puts the Whispertrades platform, service, or users at risk. Suspension or deletion of your account does not entitle you to compensation or reimbursement for damages.

You reserve the right to terminate your account and use of our services either by ceasing to use our services or by contacting us and requesting termination.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of South Carolina. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Dispute Resolution

You may bring any disputes to Whispertrades via the website contact form to be resolved amicably. Whispertrades will process the complaint without undue delay and within 14 days of receiving it.

In the event that a dispute cannot be solved amicably, the dispute is to be settled by binding arbitration. The arbitration shall be conducted in the state of South Carolina. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association.

Award to you can only extend to payment for services and not beyond. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all decisions. An award of arbitration may be confirmed in a court of competent jurisdiction.

The cost of arbitration, including but not limited to the fees of the arbitrators and attorneys, shall be borne by the losing party unless a Court of Arbitrators shall decide that, in light of the circumstances, such would be inequitable, in which case the arbitrators shall allocate costs among the parties.

Contact

If you have any questions about the Terms, please contact us:

By email or by visiting this page on our website: https://whispertrades.com/contact.

Mail should be directed to:

Whispertrades, LLC

2131 Woodruff Road

Suite 2100 #350

Greenville, SC 29607