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API KEY TERMS

 Binance Japan Inc.

*The English version is a referential translation of the original Japanese version of API KEY TERMS. In the case of discrepancy between the English version and the original Japanese version of the Terms, the original Japanese version shall prevail.

These API Key Terms (this “Agreement”) shall apply to your participation in the use of API Keys on the Binance Japan Platform. 

This Agreement shall take effect as soon as you first participate in the use of API Keys or you acknowledge your acceptance of these terms or you have been notified of these terms (as determined by Binance Japan, and including by your action of clicking “Agree” or similar in the relevant submission fields relevant to this Agreement).  

This Agreement is to be read together with the Binance Japan Terms of Use as may be amended from time to time (“Binance Japan Terms of Use”). In the event of any conflict or inconsistency between the terms in this Agreement and the Binance Japan Terms of Use, the terms in this Agreement shall prevail with respect to the services contemplated hereunder, unless expressly stated otherwise. Unless otherwise stated in this Agreement, the Binance Japan Terms of Use shall remain unchanged. Definitions that are capitalised in this Agrement shall have the meaning defined in the Binance Japan Terms of Use, where not defined in this Agreement. 

1. Definitions 

“API Key(s)” has the meaning set out in clause 2.

"Binance Japan Technology" means the API Keys and any of Binance Japan’s proprietary technology, including, without limitation, any software, processes, scripts, algorithms, user interfaces, know-how, technologies, designs, and/or other tangible or intangible technical material or information that Binance Japan \makes available to you during the course of the Agreement, together with all updates thereto and all Intellectual Property Rights therein.

“Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Sanctions” means any economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by any Sanctions Authority.

“Sanctions Authority” means any competent sanctions authority, including the United States, United Kingdom, European Union, any European Union member state, United Nations and its Security Council, and the US government, together with any government entity of any such sanctions authorities, such as the US Department of State, the Office of Foreign Assets Control and His Majesty’s Treasury.

“Term” shall have the meaning set out in clause 9. 

“Terms of Use” has the meaning set out in the particulars, above.  

2. API Keys

API Keys are unique identifiers (utilizing api key, public key, private keys and/or digital signature technology) that allow a holder of the API Key to programmatically access the user's Binance Japan Account and related features of the Binance Japan Platform (“API Keys”). You are solely responsible for keeping your API Keys secure, confidential and used in manner according with Applicable Laws. You may use the Binance Japan Platform to generate multiple API keys with varying levels of access and permissions. 

You acknowledge that Binance Japan is not responsible for any activity that occurs under any API Keys used or generated by you, including but not limited to unauthorized access to or use of your account, data breaches and/or loss of funds. You are solely responsible  for any losses caused as a result of, or in connection with, but not limited to, any trading activity initiated through any API Keys used or generated by you. 

You shall implement appropriate technical and organizational security measures to protect the  API Keys against loss, theft, hack, and unauthorized disclosure of, or access to, the API Keys, in each case, whether accidental or not. You must immediately report to Binance Japan any loss or suspected or actual misuse of the API Keys.

By using API Keys, you authorize the programmatic instructions issued to Binance Japan in accordance with the permissions granted by the API Keys. You acknowledge and agree that any actions or instructions performed using the API Keys are the sole responsibility of you, and that neither Binance Japan nor is affiliates shall not be liable for any losses or damages resulting from such actions or instructions. You also acknowledge and agree that Binance Japan may share or allow access to your personal data in accordance to or as necessitated by your actions and instructions.

You further acknowledge that Binance Japan will be entitled to assume that anyone who accesses the accounts using the API Keys assigned to you is authorised to do so on your behalf. You will be liable for any orders and transactions executed on the Binance Japan Platform pursuant to the use of API Keys assigned to you, regardless of whether such orders/transactions were submitted by an authorised persons or otherwise. Binance Japan may, acting reasonably, suspend an API Key if Binance Japan has reason to believe that the security of your API Keys has been compromised. 

3. License to use the API Key

Subject to the terms of this Agreement, Binance Japan hereby grants you a personal, limited, revocable, non-sublicensable, non-transferable, non-exclusive right and license, during the Term to use the API Key(s) solely to integrate into Binance Japan and to use the Binance Japan Platform only in accordance with the intended manner, as provided by Binance Japan and in accordance with Applicable Law. Binance Japan reserves all rights not expressly granted under this Agreement. You are not entitled to receive Source Materials (as defined below). 

The License granted in this clause 3, of this Agreement, is explicitly conditional on your adherence to the following restrictions and compliance with its responsibilities as set forth herein. 

You shall not, during the Term or thereafter, directly or indirectly: 

● reverse engineer, decompile, disassemble the API Keys or the API related data or otherwise attempt to discover the source code, underlying structure, inventions, algorithms, know-how, or ideas of the API Keys or the API related data (collectively, the “Source Materials”), provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to Applicable Laws;

● modify, translate, or otherwise create derivatives, improvements, modifications, enhancements, or extensions of or relating to the API Keys or the API related data in any form and in whole or in part except as expressly authorized by Binance Japan in writing;

● access or seek access to (including seeking to acquire the means to access) any personal data controlled by Binance Japan;

● use the API Keys other than in accordance with this Agreement and/or written instructions of Binance Japan and in compliance with all Applicable Laws and regulations and applicable Sanctions;

● otherwise use or exploit the API Keys or related API data in any way for any purpose except as specifically permitted by this Agreement;

● question or challenge (whether in court or by way of interference, reexamination or otherwise) the Intellectual Property Rights in Binance Japan Technology as licensed by  Binance Japan under this Agreement (or any claim thereof);

● grant or attempt to grant a security interest in, or otherwise encumber, the API Keys or related API data; 

● use or exploit the API Keys for any illegitimate or nefarious purposes, including (without limitation) use of the API Keys for market manipulation, insider trading, front running, pump and dumps, wash trading and/or spoofing; or

● allow or assist any third party to do any of the foregoing. 

4. Risks

You acknowledge and agree that the use of API Keys carries certain risks and that you shall be responsible for ensuring the API Keys are not shared with any third parties whom you do not wish to share your Binance Japan account control with. For the avoidance of doubt, you agree that you shall treat your API Keys as a password and you agree to not to disclose your API Keys inadvertently. You acknowledge and agree to all risk and potential losses stemming from your use of the API Keys including but not limited to unauthorized access, data breaches, and loss of funds. Binance Japan and its affiliated parties and assignees shall not be liable for any losses or damages resulting from the use of API Keys. You are solely responsible for managing your API Keys and taking appropriate measures to protect your accounts, including but not limited to the following:

● Only using an API Key for a single purpose or application.

● Not enabling unnecessary permissions of the API Keys.

● Not leaving unused API keys enabled and promptly deleting any and all unused API Keys.

● Using an IP address whitelist on all of your API Keys to prevent access from undesired IP addresses.

● Not putting your API Keys directly in source code or repositories that are publically available or otherwise insecure.

● Not storing your API Keys in cloud-based venues.

● Not sharing your API Keys with any 3rd party with whom you do not wish to share account control with.

● We recommend using an RSA API Key pair for increased security.

● Upon determining that your API Keys security is at risk or compromised, you may decide it is prudent to delete it and re-create a new one.

5. Authorization

By using API Keys, you authorize the programmatic instructions issued to Binance Japan in accordance with the permissions granted by your API Keys. You acknowledge and agree that any actions or instructions performed using your API keys are your sole responsibility, and that Binance Japan (including without limitation, its affiliates and assignees) shall not be liable for any losses or damages resulting from such actions or instructions. You also acknowledge and agree that Binance Japan may share or allow access to your personal data in accordance to or as necessitated by your actions and instructions.

5. Revocation

Binance Japan may revoke or disable an API Key at any time, without prior notice, for any reason or no reason, in its sole discretion. You may also revoke or disable any API Key issued to it at any time in accordance with the procedures as specified by Binance Japan from time to time.

For instance, please go to “Profile” - “ API Management” and select “Delete” on the API Key you wish to revoke. Or alternatively select “Delete all API” to revoke all API Keys against your account.

6. Limitation of Liability

In the absence of any wilful misconduct or gross negligence on our part, Binance Japan shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, arising from the use of API Keys.

FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, Binance Japan SHALL NOT BE LIABLE TO THE MEMBER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Binance Japan's liability shall be further limited as set forth in the Terms of Use. 

7. Indemnification

Without prejudice to any other rights or remedies which Binance Japan may have under law, you shall fully indemnify and keep fully indemnified on a continuing basis Binance Japan, any affiliate of Binance Japan  involved in the services provided under this Agreement, and their respective directors, officers, employees and agents, to the fullest extent permitted by Applicable Laws from and against all claims, demands, losses, damages, penalties, expenses and liabilities of any kind which Binance Japan, any affiliate of Binance Japan involved in the services provided under this Agreement, and their respective directors, officers, employees and agents, may suffer or incur in respect of or in connection with (i) any breach by you (and/or your authorised users) of any of its obligations under this Agreement, or (ii) any violation by the you (and/or your authorised users) of any Applicable Laws, Sanctions, regulation or rights of any third party during their use of services provided under this Agreement, or (iii) any intentional or wrongful act, default or omission of you or any of your officers, employees, and agents. 

Without limiting the foregoing, you hereby agree to defend Binance Japan and its affiliates, and their respective directors, officers, employees and agents (the “Indemnified Party”), to the fullest extent permitted by Applicable Laws from and against all third-party claims, court or administrative order or legal action brought or threatened against Indemnified Party in connection with your use or misuse of the API Keys (each a “Claim”), and you shall indemnify and hold harmless Indemnified Party from any costs, losses or damages suffered in connection with such Claim, including reasonable legal proceedings and defense costs.

8. Effect of Termination

Binance Japan may terminate this Agreement by revoking or disabling the API keys, and you may may terminate this Agreement by revoking or disabling the API keys issued to you.Upon termination of this Agreement at any time:

● all rights and licenses granted to you pursuant to this Agreement shall terminate and immediately revert to Binance Japan and the you shall immediately cease the access to and use of the API Key; and 

● Binance Japan shall not incur any liability whatsoever for any damage, loss or expenses of any kind suffered or incurred by the other arising from or incident to any termination of this Agreement (or any part thereof) whether or not either party is aware of any such damage, loss or expenses. 

9.Operation

Binance Japan does not warrant that the operation of the API Keys will be uninterrupted or entirely error free. Additionally Binance Japan does not give any guarantee as to the accuracy, suitability, reliability, completeness, or performance of the API Keys. You agree to using the API Keys at your own discretion and risk. 

You acknowledge and agree that the API Keys are provided by Binance Japan on an "as is" and "as available" basis without any representations or any kind of warranty made (whether express or implied), to the extent permitted by law, as to non-infringement, satisfactory quality, fitness for purpose, merchantability, compatibility, security and accuracy.  

10. Applicable Laws

You shall, in using the API Keys, comply with all applicable obligations under Applicable Laws and the terms of this Agreement.

You shall not cause Binance Japan to breach its obligations under any Applicable Law or to any regulatory authority. To Binance Japan’s reasonable satisfaction, you shall provide all support and information in connection with the use of the API Keys that is reasonably required for Binance Japan  to meet all of its obligations under any Applicable Laws or to any regulatory authority. 

You shall not permit access to the Binance Japan Platform from any of Iran, North Korea, any Sanctioned Countries.

At any time upon reasonable request of Binance Japan, you shall certify in writing to Binance Japan that you are, and have been since your last such certification, in full compliance with its obligations under this clause 10 and shall provide evidence of such compliance as may reasonably be requested by Binance Japan.

11. Amendments

Binance Japan may amend this Agreement. If we modify or amend this Agreement, we shall notify you by email or through our Website of the changes to the Terms, the contents of the modified Agreement, and the timing of the effective date, after setting forth the effective date.

Changes to this Agreement will come into effect  on the effective date described in the notice we have given to you. If you do not wish to accept the changes, you are free to revoke or disable any API Key issued to you in accordance with clause ‎20.1 of the Terms. 

12. Entire Agreement

These terms and conditions constitute the entire agreement between the user and the exchange regarding the use of API Keys and unless otherwise agreed these terms will supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Binance Japan.