Intelfinity Labs Limited. (“Candlestick“), has created this website (the “Website” or the “Site“) to provide an online resource for users to obtain information and data related to crypto-assets (i.e., cryptocurrencies). To assist you in using the Website and associated Services, and to ensure a clear understanding of the relationship arising from your use of the Website and participation in these Services, we have created (i) these Terms of Use (the “Terms“) and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Site, and our Terms govern your use of our Site. Our Terms and Privacy Policy apply to all visitors to the Website who wish to obtain Data and Analytics. The terms “ Candlestick,” “we” and “us” refer to Intelfinity Labs Limited.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR PARTICIPATE IN OUR SERVICES. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE OR PARTICIPATE IN OUR SERVICES.
These Terms govern (i) your use of the Website, (ii) your receipt of and participation in Candlestick’s services offered through the Website (the “Services“), and (iii) your use of information obtained through the Website, including Data and Analytics, information, data, statistics, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Candlestick or its licensors and made available to you through the Services (“Candlestick Content”). Please read these Terms carefully; they impose legal obligations on you and on Candlestick, and establish our legal relationship. By using the Services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. If you are agreeing to these Terms and our Privacy Policy on behalf of a company or other legal entity (your “Organization”), (i) you represent and warrant that you have authority to act on behalf of, and to bind your Organization and (ii) for all purposes in these Terms and the Privacy Policy, the term “you” means your Organization on whose behalf you are acting. We do not provide data that has a direct financial impact, and our service does not provide any kind of financial advice. By using our services, you agree that the data provided to you is independent of all possible economic effects and potential risks. IF YOU DO NOT HAVE THE LEGAL AUTHORITY TO BIND YOUR ORGANIZATION, YOU MUST NOT ACCESS THE WEBSITE.
The Website is designed to provide an online resource for reviewing Data and Analytics related to crypto-assets. For example, you may use the Website to obtain daily crypto asset data sets of either crypto asset network or market data (“Data”). You may also obtain correlations and other derived analytics of the various Data that we or our licensors have generated (“Analytics”). You may also register with the Website to receive API data feeds of Data and Analytics. We may also offer paid subscriptions for products from time to time – if we do so, your use of such products will be subject to a separate license agreement between you and Candlestick.
We may make certain areas of the Website accessible only to users that have a password or other access credentials such as web3 login. Please keep in mind that we will treat anyone who uses your user name and password/access credentials as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your account. Therefore, we recommend that you maintain your user name and password/access credentials in confidence, and that you refrain from disclosing this information to anyone outside of your Organization who might “pretend” to be you with respect to the Website and your participation in the Services. For clarity, to the extent a single set of access credentials (user name and password or web3) is established for you / your Organization (“Access Credentials”), these Access Credentials may be used by authorized representatives within your Organization, provided that you / your Organization remains responsible for the use of the Website and any Candlestick Content obtained by anyone accessing the Website using your Access Credentials. For the avoidance of doubt, you shall not permit any third parties to access the Website using the your Access Credentials. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password and/or API key in this or any inappropriate manner.
We leverage web3 services to provide our users the ability to sign up with, or associate their existing account, to their blockchain address which functions as an extension of their personal identity and can be used as a form of accessing the platform. By using this feature Candlestick assumes the right to collect your blockchain wallet address, completed transaction information and token identifiers for the purpose of enabling this feature. Wallets are not maintained by, operated by, or affiliated with Candlestick. Candlestick has no control over the contents of your wallet and does not accept any responsibility for, or liability to you, in connection with your usage of a wallet on our services. You, as the user and owner of the wallet, are solely responsible for keeping your wallet secure. You should never share credentials or seed phrases of your wallet with anyone and Candlestick will never ask for this information under any circumstances. Any issues noted with your wallet, should be directed to and discussed with your wallet provider.
Subject to your compliance with the terms and conditions of this Agreement, Candlestick hereby grants to Site Users, under Candlestick intellectual property rights, a limited non-exclusive, non-transferable, worldwide right (i) to access and use the Website for internal business purposes, and (ii) to access, copy, display, perform, and use Data and Analytics and other Candlestick Content for internal, non-commercial business purposes pursuant to the terms of the Creative Commons Attribution-NonCommercial 4.0 International (CC BY-NC 4.0) License (available at https://creativecommons.org/licenses/by-nc/4.0/). Site User (i) acknowledges and agrees that Candlestick is not responsible or liable for the accuracy or completeness of any Data or Analytics, and (ii) shall be responsible and liable for its use of the Data and Analytics.
The information, data, statistics, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Services or the Candlestick Content, including but not limited to the Data and Analytics, are the proprietary property of Candlestick and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Candlestick reserves the right to store, use, end, or pause, in whole or in part, any user-generated content for all kinds of use with referencing the author. Candlestick and its licensors retain all rights with respect to the Services and the Candlestick Content except those expressly granted to you in these Terms.
EXCEPT AS EXPRESSLY PROVIDED HEREIN OR IF OTHERWISE EXPRESSLY PERMITTED BY Candlestick (e.g., to the extent made available by Candlestick through GitHub or subject to separate license from Candlestick), YOU AGREE NOT TO (i) DUPLICATE, PUBLISH, DISPLAY, DISTRIBUTE, MODIFY, OR CREATE DERIVATIVE WORKS FROM THE MATERIAL PRESENTED THROUGH THE WEBSITE AND/OR THROUGH THE SERVICES UNLESS SPECIFICALLY AUTHORIZED IN WRITING BY Candlestick; OR (ii) REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE SEEK TO DISCOVER THE SOURCE CODE OF THE Candlestick WEBSITE AND UNDERLYING SOFTWARE; OR (iii) TAKE ADVANTAGE WITH DATA PROVIDED BY Candlestick TO BRADING ANY ASSET MANAGEMENTS OR FUNDS. OR (iiii) DISTRIBUTE THE RAW DATA/ENDPOINTS TO OTHER DEPARTMENTS EVEN IN THE SAME COMPANY, UNLESS YOU HAVE OBTAINED PRIOR WRITTEN CONSENT FROM Candlestick.
You agree to comply with all applicable laws, rules and regulations. You will not use this site or data or services for any unlawful, fraudulent, defamatory, harassing, infringing, abusive, obscene, or inappropriate purposes. You shall not use or attempt to use any “scraper,“, “deep-link”, “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service. You shall not attempt to violate the security, or use the site’s service to gain unauthorized access to the Service or any parts of the Service. You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Service. The Service is provided for information purposes only. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, sell, display, perform, modify, transmit, transfer, sell, license, upload to, edit post, frame, link, or in any other way exploit any part of the Service or Website. You agree to use the Service solely for your internal and non-commercial purposes. This service is not intended for children under the age of 18, and these users are not authorized to use this service. By using the Service, you are representing that you are at least 18 years old. By accessing the Service, you represent that you are of legal age to enter into legally binding agreements.
Our Website may allow Site Visitors to provide comments or feedback regarding our Website, the Candlestick Analytics System, and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website, the Candlestick Analytics System and our Services.
We are striving to provide accurate data by using all of our capabilities. However, the accuracy of the data referred to here does not mean that it is ERROR-FREE, and/or PERFECT of any kind.
You are allowed to use Candlestick data and contents solely for your own account and any resale of the Candlestick contents, data, and analytics is prohibited whether modified or not.
Anyone who wishes to become a referrer must be a Candlestick account analytics. Your acquaintances(i.e., friends, social media followers) can also be referrer. Additionally to receive credits for referring someone who orders a paid plan on Candlestick, your referee must be a new Candlestick user and can’t have more than one account.
Candlestick wants you to share your referral link and earn credits, but you agree that you will not: (Especially as below)
Candlestick reserves the right to change, end, or pause, in whole or in part, any referral program, as well as any referrer’s or referee's ability to participate in any referral program or receive Candlestick credits at any time for any reason, including suspected fraud (including by either the referrer and/or referee), abuse, or any violation of these Rules.
Candlestick may update these Rules at any time.
As a condition to your use of the Website and the Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
In exchange for access to the Website and Services, Registered Users shall pay to Candlestick a monthly subscription fee (the “Subscription Fee”), as set forth in the registration screen at the time of registration. Candlestick reserves the right to increase its Subscription Fees in the event its costs for access to any third-party Data and Analytics included in the Candlestick Content increase.
Candlestick will use commercially reasonable efforts to provide advance notice of any fee increases. The subscription fee is paid in advance and is non-refundable. Payment must be made through approved payment methods as stated on the website.
If you provide recurring payment information for automatic debit of the Subscription Fee, you authorize Candlestick to debit your credit card, checking or savings account designated by you at the time of registration (or as you may update such information thereafter) on a recurring basis for the Subscription Fees. By default, Candlestick subscription creates a subscription schedule based on the date the customer subscribes to a plan. For example, if a customer subscribes to a monthly plan on 14th Jan, the first payment of the product is executed on 14th Jan, the second payment will be executed on 14th Feb and will renew on a monthly basis.
Subscription Fees are exclusive of all federal, state and local and foreign taxes, levies assessments and withholdings. You shall bear and be responsible for all such taxes, levies and assessments arising out of these Terms, excluding only any tax based on Candlestick net income.
We reserve the right at any time to (i) monitor your use of the Website to determine compliance with these Terms, and (ii) terminate or suspend your use of some or all of the Website or Services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy. Although we have no – and assume no — obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits to your submission, to refuse to post, or to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct. Users should also understand that our Code of Conduct is based in many instances on principles of applicable law. Users who violate our Code of Conduct accordingly may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney’s fees. Candlestick reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with its Privacy Policy.
In the event that you are in material breach of any obligation under these Terms, Candlestick may terminate this Agreement for cause upon written notice after first: (i) providing you with written notice of the breach (a “Notice of Breach”) and (ii) providing thereafter a five (5) day opportunity to cure beginning on the date of your receipt of the Notice of Breach.
The Website may also contain links or produce search results that reference links to third party websites (collectively “Linked Sites“). Candlestick has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Candlestick does not endorse the content of any Linked Site, nor does Candlestick warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
The Data and Analytics provided through the Website are provided for information purposes only. Candlestick is not a financial advisor. You should consult your financial advisor before you make financial decisions based upon the Data or Analytics. Your use of Data and Analytics is at your own risk. If you choose to use Data and/or Analytics for any purpose, you do so voluntarily and you assume all risks associated with such activities. To the maximum extent permitted by applicable law, you expressly agree that we are not providing financial advice via the Website.
THE WEBSITE, SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE AND SERVICES, YOU DO SO AT YOUR OWN RISK. CANDLESTICK AND ITS LICENSORS DO NOT WARRANT OR REPRESENT THAT (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) THE QUALITY OF ANY SERVICES, \INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THAT ANY DATA, ANALYTICS, OR OTHER MATERIALS OR CONTENT YOU DOWNLOAD FROM THE CANDLESTICK WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. WHILE CANDLESTICK MAY MAKE DATA AND ANALYTICS AVAILABLE THROUGH THE WEBSITE, THE DATA AND ANALYTICS ARE PROVIDED BY THIRD PARTIES AND CANDLESTICK IS NOT RESPONSIBLE OR LIABLE FOR, AND HEREBY DISCLAIMS LIABILITY FOR, YOUR USE OF SUCH DATA AND ANALYTICS, AND THE INFORMATION YOU OBTAIN FROM THEM. YOU EXPRESSLY AGREE THAT YOUR USE OF ANY DATA AND ANALYTICS MADE AVAILABLE THROUGH THE WEBSITE IS AT YOUR SOLE RISK. EVEN THOUGH CANDLESTICK STRIVES TO MAKE THE SERVICE AVAILABLE 24/7, CANDLESTICK DOES NOT GUARANTEE ITS UNINTERRUPTED AVAILABILITY AND SHALL NOT BE LIABLE FOR ANY DELAYS, ERRORS OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF DATA VIA THE SERVICES. HOWEVER, WHILE WE WILL DO OUR BEST TO PREVENT ABOVE SITUATION FROM OCCURRING. SHOULD CERTAIN UNAVOIDABLE ISSUES OCCUR, WE WILL TRY TO REMEDY THE SITUATION AS SOON AS POSSIBLE AND NOTIFY SUCH ISSUE TO USERS VIA E-MAIL. CANDLESTICK DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR SYSTEM; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE CANDLESTICK WEBSITE, SYSTEM, AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE INFORMATION PROVIDED RELATES TO THE TYPE OF DYNAMIC HIGH-RISK OF CURRENCY AND IS SUBJECT TO PERMANENT CHANGES. THE VALUE OF CRYPTOCURRENCY IS VULNERABLE TO STRONG FLUCTUATIONS. UNDER THESE CIRCUMSTANCES, A STRONG LEVEL OF DISCRETION AND ATTENTION IS REQUIRED WHEN DEALING WITH CRYPTOCURRENCY. BY USING OUR WEBSITE AND SERVICES, YOU ACKNOWLEDGE THE HIGH RISKS MENTIONED ABOVE. CANDLESTICK HEREBY EXCLUDES ALL WARRANTY AND GUARANTEES TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL CANDLESTICK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE CANDLESTICK WEBSITE, SERVICES AND CANDLESTICK CONTENT. ESPECIALLY, DUE TO THE NATURE OF THE DATA PRODUCT, WHERE REAL-TIME AND HISTORICAL DATA ARE INVALUABLE, REFUNDS ARE NOT POSSIBLE IF THERE EXISTS ANY KIND OF SERVICE USE HISTORY BY THE USER AFTER PAYMENT. THIS APPLIES EQUALLY TO ALL PAYMENT METHODS. IF THERE IS NO HISTORY OF USING THE SERVICE AND REFUNDS ARE MADE IN THE MIDDLE, THE REFUND AMOUNT WILL BE PROVIDED IN THE FORM OF CREDIT THAT CAN BE USED ONLY WHEN THE CANDLESTICK’S PRODUCT IS REPURCHASED, AND IT CANNOT BE CONVERTED INTO FIAT CURRENCY. WHEN THE PAYMENT IS MADE THROUGH CRYPTOCURRENCY, THE FIAT CURRENCY CONVERTED INTO THE CRYPTOCURRENCY MARKET PRICE AT THE TIME OF PAYMENT IS THE MAXIMUM REFUNDABLE AMOUNT.
You agree to defend, indemnify, and hold Candlestick and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your (i) use of Data and Analytics, and (ii) breach of these Terms.
Candlestick respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a “Work“), please notify us through email at [email protected]. Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.
These Terms shall not be assignable by you, either in whole or in part. Candlestick reserves the right to assign its rights and obligations under these Terms.
These Terms shall be governed in all respects by the laws of the Commonwealth of Delaware without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the Commonwealth of Delaware in the judicial district where Candlestick has its principal place of business. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Candlestick’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Candlestick and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
These Terms must be read in conjunction (i) with other agreements into which you may enter concerning the Website, Candlestick’s Services or Candlestick subscription products, and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy will control. Similarly to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement will control.
If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us at: You may contact us, for any reason, by e-mail as follows: [email protected] Effective Date: The effective date of these Terms is March 1, 2022.
COPYRIGHT AND LEGAL NOTICE.
Copyright © 2024 Intelfinity Labs Limited. All Rights Reserved.
Please report any violations of these terms to the Company at [email protected].