[ 파트너십 프로그램 이용약관 ]
[ Last updated: August 12, 2025 ]
By signing up to be the Partner in the Program you agree to be bound by this Terms. We reserve the right to update and change the Terms from time to time. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us from time to time shall be subject to these Terms. We will provide you with 30 days' notice of any changes. If you do not agree with the changes, you may terminate these Terms within 15 days of receiving our notice. Your continued use after the 30-day notice period will mean you accept the updated Terms.
Any violation of these Terms may result in, among other things, termination or suspension of your rights to be the Partner and forfeiture of any outstanding Partner referral fee payments earned during the violation.
[ 1. Definitions ]
"Program Registration Form" means the form available on the Company's Website or external tools managed by the Company which will be executed by the Partner in the process of registering to the Program and which constitutes an integral part of these Terms.
"Partner Channel" means the internet websites and/or other marketing channels or tools operated by the Partner which shall contain the Referral Link.
"LetsExchange Brands" means the design rights, moral rights, service marks, trademarks, trading and business names, the goodwill attaching to them, rights in domain names and other intellectual property rights, in each case whether registered or unregistered and including applications for the grant of the foregoing, and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world.
"LetsExchange Websites" means the Internet websites owned, maintained or operated by the Company, which offer Company's Services.
"Commission" means the fee payable by the Company to the Partner based on Qualified Transactions by Referrals referred to the Company by the Partner in accordance with Section 4 of these Terms.
"Qualified Transaction" means a successful purchase of Services by a Referral using the Partner's affiliate and/or partner ID and which meets the Company's Commission qualifications.
"Referral" means each new customer referred by the Partner for the purchase of the Services with the Company through the Referral Link.
"Referral link" means a unique URL generated by the Partner and provided to the clients for tracking transactions.
"Tools" shall mean the offered by the Company trusted communication channels, exchange widget, referral link, banners, Telegram bot, exchange buttons, API and/or other similar tools that can be integrated into the Partner's Website and enable Referrals to purchase the Service.
"Third Party Provider/Third Party" shall refer to the third party providers who will process the Orders. You can find a list of providers and their policies here https://letsexchanges.io/providers
1.2. You understand and accept that we reserve the right to use third-party providers to process transactions and/or exchanges.
1.3. In case the transactions and/or exchanges are processed via the third-party such a corporation is subject to the terms and conditions of each third-party provider.
1.4. You acknowledge and confirm that these Terms do not govern any interactions you may have with our third-party providers, each of which has its own terms.
[ 2. Eligibility and registration ]
2.2. The Company may approve or deny any application for participation in the Program for any reason or no reason without the provision of any explanations.
2.3. By participating in the Program, you represent and warrant that:
2.3.2. you have full legal capacity to enter into legally binding legal relations under the Terms;
2.3.3. all information submitted to the Company, when verifying for the Program is truthful, accurate, and up-to date;
2.3.4. using the LetsExchange Website and participating in the Program under the Terms does not and will not conflict with any applicable legislations, provisions, regulations, permits applicable to the Partner;
2.3.5. you will not use the Program for any illegal or unauthorized purpose;
2.3.6. you will not use Referral links to exchange assets by yourself;
2.3.7. you will not be engaged in activities which the Company determines as harmful to its customers, employees, contractors, officers or reputation;
2.3.8. you will not make or give any promises, representations, warranties or will not provide any financial advices, whether expressed or implied to Referrals on behalf of the Company.
2.3.9. you undertake not to process exchanges from prohibited jurisdictions specified in Section 8 of the Terms of Use
( https://letsexchanges.io/terms-of-use ).Namely, United States of America, Countries of the European Union, United Kingdom, Afghanistan, North Korea, Crimea and Sevastopol, Democratic Republic of Congo, Eritrea, Libya, Somalia, South Sudan, Sudan, Yemen, Iran, Iraq, Cuba, Syria, Mali, Central African Republic, Guinea-Bissau, Lebanon or any other country subject to United Nations Security Council Sanctions List and its equivalent. If such an exchange has been carried out, you are obliged to notify us within 24 hours.
2.3.10. you will not use the Company’s name, trademarks, service marks, logos, or any other intellectual property in paid advertising (such as Google Ads, Bing Ads, or similar platforms) to generate traffic to your Referral Link or Partner Channel without the Company’s prior written consent. Any such unauthorized use shall be deemed a material breach of these Terms and may result in immediate termination of your participation in the Program and forfeiture of any outstanding commissions.
2.5. You agree that our third-party partners reserve the right, at their sole discretion, to suspend, terminate or freeze user exchanges transactions for any period of time, in the event (list is not exhaustive): if the transaction fails verification KYT; if the user fails (didn't successfully pass)/refuses to pass verification KYC; if our third-party partners deems the transactions suspicious, unauthorized or fraudulent, including without limitation in relation to money laundering, terrorist financing, fraud or other illegal activities; if our third-party partners become aware or they suspect that any digital assets or funds may be associated with criminal proceeds or otherwise do not lawfully belong to you; the user fails to provide, upon request, such documentation as the third party whose services we use to provide you with the Services under this Agreement reasonably requires to perform its obligations under applicable anti-money laundering laws; if the third party whose services we use to provide you with the Services under this Agreement cannot verify or authenticate any information provided by you; we have received a corresponding order from any government authorities. In case of refund to the user, the network commission costs are borne by the user.The Partner accepts this and agrees to notify users about it.
2.6. The "Memo" tag or Destination tag is an additional value of the address in numeric form. It allows you to identify the recipient of the transfer at the address. Accordingly, it is extremely important to specify the destination tag when sending your cryptocurrencies. Since it is impossible to cancel transactions on the blockchain, the Company will not be able to help users in such a situation. All costs associated with the return of a transactions with the wrong MEMO or without MEMO are borne by the user. The Partner accepts this and agrees to notify users about it.
2.7. Transactions with transparent addresses for dual-nature coins. For cryptocurrencies that support both transparent and shielded addresses or transactions, Third Party Providers only accept transactions using transparent addresses where the source of funds can be identified. This includes, but is not limited to, Zcash (ZEC), PIVX, FIRO, Hush, Komodo (KMD), and Dash. Transactions using shielded addresses or protocols that obscure the source of funds are not supported. Coins where all transactions are anonymous by default (e.g., Monero) may be accepted subject to the provider’s policy.
The Partner accepts and agrees to notify users of the following. In the event that such a transaction is sent by the User to any address belonging to the Third Party Providers:
- the funds will not be credited to User’s account;
- the Third-Party Providers are technically unable to return, recover, or reverse the transaction;
- such funds are considered irretrievably lost, and the Third Party Providers bear no responsibility for any loss resulting from such actions.
[ 3. Commission ]
3.2. The Partner will have access to the information provided in section 3.1. above via its Partner Account.
3.3. The Partner will be allowed to request the withdrawals of its Commission at any time directly from its Partner Account to its wallet in cryptocurrency, subject to the verification process for acceptance and approval by the Company. Company reserves the right to pay the Commission in USDT or BTC.
[ 4. Tracking ]
4.2. The Company will pay the Commission only on the basis of the Qualified Transactions generated via the tracking software and in no circumstances will pay the Commission where the Referral links were used inappropriately by the Partner or Referrals.
4.3. The Partner shall cooperate in a good faith with the Company to promote and refer the Services to the Referrals in accordance with these Terms. The Partner acknowledges and agrees that the Company may decide whether or not to process the financial operations.
[ 5. Confidentiality ]
5.2. Each party may disclose the other party's confidential information:
5.2.2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority; and
5.2.3. where such information is already in the public domain.
5.3. Neither party shall use the other party's confidential information for any purpose other than to fulfill obligations outlined in these Terms.
[ 6. Intellectual property ]
6.2. Each Party grants to the other a limited, revocable, non-exclusive, royalty-free license to use the trademarks, service marks, symbols and logos (the "Marks") of the granting Party solely for the purpose of performing its obligations to market and promote the Services under this Agreement. All Products and Services promoted shall be of good quality consistent with prevailing standards in the industry. Each use of the Marks by a Party shall comply with the granting Party’s guidelines for use of its Marks as provided and amended from time to time in the granting Party’s sole discretion. Except as set forth in this Subsection, nothing in this Agreement will grant to a Party any right, title, or interest in or to the other Party’s Marks. All use of a Party’s Marks will insure solely to the benefit of that Party. No Party shall attempt to register any of the other Party’s Marks, nor assert any rights therein, in any context or forum at any place in the world.
[ 7. Indemnification ]
[ 8. Limitation of liability ]
8.2. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, in relation to the website, the Program or the Service, its use and the results of such use.
8.3. The Company cannot guarantee or warrant that the performance of the Company's Services, the links to the Website or the interface will be uninterrupted. The Company shall not be liable for any error in the implementation of the Referral links or the Tools on the Partner Channel or for any malfunction of the links or the Tools.
[ 9. Term and termination ]
9.2. The Partner is only eligible to earn Commissions on Qualified Transactions occurring during the Term which are payable only if the related orders are not canceled or refunded. The Company may withhold Partner’s final payment for a reasonable time to ensure that the correct amount is paid and to confirm that all Qualified Transactions are finalized.
9.3. You acknowledge and agree that the Company may terminate Services if you, your web site or your publishing location violates, as determined by the Company in its sole discretion, any of the aforementioned restrictions or are in breach of these Terms. Upon termination, your rights as set forth in these Terms will immediately terminate and you will immediately cease conducting all Program activities. The Company also reserves the right to seek recovery of any or all Commission paid or payable to you and you hereby agree to such liability and repayment of such Commission.
9.4. The Company may terminate your participation in the Program, without prior notice, if the Company reasonably determines, in its sole discretion, that you have engaged in any activity that violates these Terms, including but not limited to unfair traffic generation, misuse of the Company’s trademarks or intellectual property, or any other action that may harm the Company’s reputation or business interests. Such termination may result in the forfeiture of any outstanding commissions or payments owed to you.
9.5. The Company reserves the right to remove abandoned Partner Accounts from its system. In this case, any accumulated Commissions will be forfeited. “Abandoned Partner Account” for the purposes of this provision means any Partner account whose Partner Dashboard has not been logged into for a period of three (3) years and/or has no transactions made during a period of three (3) years.
[ 10. Applicable Law and Arbitration ]
10.2. Any disputes, controversies, or claims arising out of or in connection with these Terms, including its interpretation, validity, performance, or termination, shall be subject to the exclusive jurisdiction of the courts of the Republic of Seychelles.
10.3. If any dispute or disagreement arises between the Parties concerning these Terms, the Parties agree to first attempt to resolve the dispute amicably through good-faith negotiations or mediation conducted in the Republic of Seychelles by a mutually agreed-upon mediator.
10.4. If the dispute cannot be resolved through mediation within 30 (thirty) calendar days or if either Party fails to participate in the mediation process, the dispute shall be referred to and finally resolved by arbitration in accordance with the rules of the Republic of Seychelles International Arbitration Centre (SIAC).
10.5. The language of arbitration and all related proceedings and documents shall be English.
[ 11. General ]
11.2. Severability: If any provision of these Terms will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
11.3. The restrictions and termination provisions regarding unfair marketing practices and misuse of the Company’s intellectual property rights apply to the participation in the Partnership Program. A violation of these provisions in the Program may result in termination or suspension of your rights under the Program.
11.4. Nature of the Agreement: These Terms shall not be interpreted as establishing any employer/employee, joint venture, agency, or other similar arrangement. Partner is performing its services hereunder solely as an independent contractor.
[ 파트너 API 이용약관 ]
[ Last updated: August 12, 2025 ]
By installing, downloading, copying or otherwise using the API, you agree to the terms of this ToU. If you disagree with any of these terms, the Company does not grant you a license to use the API.
We reserve the right to update and change the terms of this ToU from time to time. Continued use of the API after any such changes shall constitute your consent to such changes. We will provide you with 30 days' notice of any changes. If you do not agree with the changes, you may terminate these ToU within 15 days of receiving our notice. Your continued use after the 30-day notice period will mean you accept the updated ToU.
Any violations of this ToU may result in, among other things, termination or suspension of your rights to use the API and forfeiture of any outstanding commission payments earned during the violation.
[ 1. General ]
" API Partner " means the user API participate in the Company's Partnership Program.
" User " means each new customer referred by the Partner for the purchase of the Services with the Company through API.
" Documentation " includes, but is not limited to, programmer guides, manuals, materials, and information appropriate or necessary for use in connection with the APIs.
" Partner Account " means the account held in the name of the Partner which uses the Program.
" Partnership Program " - partnership program terms and conditions available at https://letsexchanges.io/terms-for-partners
“Services” means the services provided by the Company in accordance with the Terms of Use.
“ Terms of Use ” means Company’s Terms of Use available at https://letsexchanges.io/terms-of-use which may be amended by the Company from time to time.
" Partnership Tools " shall mean the offered by the Company trusted communication channels, exchange widget, referral link, banners, Telegram bot, exchange buttons, API and/or other similar tools that can be integrated into the Partner's Website and enable User to purchase the Service.
"Third Party Provider/Third Party" shall refer to the third party providers who will process the Orders. You can find a list of providers and their policies here https://letsexchanges.io/providers
1.2. Unless otherwise expressly stated by this ToU, all definitions herein shall be understood as they appear in Company's Terms of Use ( https://letsexchanges.io/terms-of-use ).
1.3.You understand and accept that the Company reserves the right to use third-party providers to process transactions and/or exchanges.
1.4. In case the transactions and/or exchanges are processed via the third-party such a corporation is subject to the terms and conditions of each third-party provider.
1.5. You acknowledge and confirm that this ToU does not govern any interactions you may have with our third party providers, each of which has its own terms.
[ 2. Licensed usage and restrictions ]
2.2. Prior to your access to the API and on an ongoing basis, you represent, warrant, covenant and agree that you shall comply with the Company's Terms of Use ( https://letsexchanges.io/terms-of-use ).
2.3. You further represent, agree, and warrant that you will not violate any law, contract, or third-party right or commit a tort by accessing API and that you are solely responsible for your actions and/or inactions while using API. Without prejudice to the foregoing, you represent, agree and warrant that you WILL NOT:
2.3.2. reverse engineer, decompile, or disassemble the API or any part thereof;
2.3.3. distribute, sublicense, or make the API available to any third party without the prior written consent of the Company;
2.3.4. attempt to gain unauthorized access to the API or any related systems or networks;
2.3.5. access the API or documentation in order to replicate or compete with the exchange services;
2.3.6. use the API to create a product or service that competes with the Company's Service;
2.3.7. access the API for any application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
2.3.8. use the Company’s name, trademarks, service marks, logos, or any other intellectual property in paid advertising (such as Google Ads, Bing Ads, or similar platforms) to generate traffic to your Partner Account, API integration, or referral links without the Company’s prior written consent. Any such unauthorized use shall be deemed a material breach of this ToU and may result in immediate termination of your access to the API and forfeiture of any outstanding Commissions.
2.4. You agree to use the API only in accordance with the Documentation provided by the Company.
2.5. You agree to maintain the security of the API and not to share your API key or other access credentials with unauthorized third parties, and you must immediately notify the Company of any breach of security or unauthorized use of your API credentials.
2.6. You confirm that you have legal authority to enter into this ToU on behalf of yourself or the organization you represent.
2.7. The Partner undertakes not to process exchanges from prohibited jurisdictions specified in Section 8 of the Terms of Use ( https://letsexchanges.io/terms-of-use ). Namely, United States of America, Countries of the European Union, United Kingdom, Afghanistan, North Korea, Crimea and Sevastopol, Democratic Republic of Congo, Eritrea, Libya, Somalia, South Sudan, Sudan, Yemen, Iran, Iraq, Cuba, Syria, Mali, Central African Republic, Guinea-Bissau, Lebanon or any other country subject to United Nations Security Council Sanctions List and its equivalent. If such an exchange has been carried out, the Partner is obliged to notify us within 24 hours.
2.8. The Partner undertakes to monitor the IP addresses of clients when they exchange and transfer these addresses to the Company, considering the obligations specified in paragraph 2.7 of these Terms. In the event of a systematic violation of paragraph 2.7 of these Terms, the Company reserves the right to immediately terminate your access to the API and forfeit any unpaid commissions.
2.9. The Partner undertakes to specify the Partner's affiliate and/or partner ID when sending request(s) for the rate calculation for an exchange pair and/or when creating each transaction. Otherwise the Company reserves the right not to accrue the commission for the created exchange.
2.10. You agree that our third-party partners reserve the right, at their sole discretion, to suspend, terminate or freeze user exchanges transactions for any period of time, in the event (list is not exhaustive): if the transaction fails verification KYT; if the user fails (didn't successfully pass)/refuses to pass verification KYC; if our third-party partners deems the transactions suspicious, unauthorized or fraudulent, including without limitation in relation to money laundering, terrorist financing, fraud or other illegal activities; if our third-party partners become aware or they suspect that any digital assets or funds may be associated with criminal proceeds or otherwise do not lawfully belong to you; the user fails to provide, upon request, such documentation as the third party whose services we use to provide you with the Services under this Agreement reasonably requires to perform its obligations under applicable anti-money laundering laws; if the third party whose services we use to provide you with the Services under this Agreement cannot verify or authenticate any information provided by you; we have received a corresponding order from any government authorities. In case of refund to the user, the network commission costs are borne by the user.The Partner accepts this and agrees to notify users about it.
2.11. The "Memo" tag or Destination tag is an additional value of the address in numeric form. It allows you to identify the recipient of the transfer at the address. Accordingly, it is extremely important to specify the destination tag when sending your cryptocurrencies. Since it is impossible to cancel transactions on the blockchain, the Company will not be able to help users in such a situation. All costs associated with the return of a transactions with the wrong MEMO or without MEMO are borne by the user. The Partner accepts this and agrees to notify users about it.
2.12. Transactions with transparent addresses for dual-nature coins. For cryptocurrencies that support both transparent and shielded addresses or transactions, Third Party Providers only accept transactions using transparent addresses where the source of funds can be identified. This includes, but is not limited to, Zcash (ZEC), PIVX, FIRO, Hush, Komodo (KMD), and Dash. Transactions using shielded addresses or protocols that obscure the source of funds are not supported. Coins where all transactions are anonymous by default (e.g., Monero) may be accepted subject to the provider’s policy.
The Partner accepts and agrees to notify users of the following. In the event that such a transaction is sent by the User to any address belonging to the Third Party Providers:
- the funds will not be credited to User’s account;
- the Third-Party Providers are technically unable to return, recover, or reverse the transaction;
- such funds are considered irretrievably lost, and the Third Party Providers bear no responsibility for any loss resulting from such actions.
[ 3. Commission ]
3.2. The Partner can review the balance of its Commission on its Partner Account.
3.3. The Partner can request the withdrawal of the Commission at any time (via the Account) The minimum withdrawal amount is indicated in the Account.
3.4. Unless agreed otherwise, the Commission shall be paid out in cryptocurrency. The Company reserves the right to pay the Commission in USDT or BTC.
3.5. The Commission shall be subject for accrual by the Company once per 24 (twenty-four) hours.
[ 4. API modifications and updates ]
4.2. In the event of any material modifications or updates to the API that may impact the Partner's use or integration, the Company shall provide reasonable advance notice to the Partner. The notice may be in the form of email, notification through the API documentation, or any other reasonable means of communication.
4.3. Upon receiving notice of modifications or updates to the API, the Partner shall undertake reasonable efforts to integrate and implement the updated version within a reasonable timeframe. The Partner acknowledges that failure to update its integration with the latest version of the API may result in compatibility issues, degraded performance, or discontinuation of certain functionalities.
4.4. The Company shall strive to maintain backward compatibility of the API to the extent reasonably practicable. However, the Partner acknowledges that as the API evolves, certain functionalities, features, or endpoints may become deprecated or no longer supported. The Company shall make reasonable efforts to provide backward compatibility support or offer migration paths where feasible.
4.5. The Partner agrees to promptly assess the impact of any API modifications or updates on its integration and conduct thorough testing to ensure continued compatibility and functionality. The Partner shall promptly notify the Company of any identified issues, bugs, or compatibility concerns, allowing the Company a reasonable opportunity to address and resolve them.
4.6. The Company shall provide reasonable technical support and documentation related to the updated version of the API, including release notes, API documentation updates, and any relevant migration guides or resources to assist the Partner in adapting to the modifications or updates.
4.7. Unless otherwise agreed upon in writing, the Partner understands that continued use of outdated or deprecated versions of the API may result in limited support, increased security risks, or potential incompatibilities with future updates. The Partner is encouraged to regularly update its integration to the latest version of the API.
[ 5. API support ]
[ 6. Ownership ]
6.2. Subject to the terms of this ToU, the Company provides the Partner a right to use the API solely for the purposes and during the term of this ToU.
[ 7. Confidentiality ]
[ 8. Warranty disclaimer ]
8.2. No advice or information, whether oral or written obtained by you from the Company, or through or from the Company's API shall create any warranty not expressly stated in this ToU. The Company does not warrant that API and Documentation are suitable for Partner's use, that the API or Documentation are without defect or error, that operation will be uninterrupted, or that defect will be corrected. Further, the Company makes no warranty regarding the result of the use of the API and Documentation.
[ 9. Indemnity ]
[ 10. Limitation of liability ]
[ 11. Term and termination ]
11.2. You may terminate the license by discontinuing the use of all or any of the API upon a thirty (30) day written notice to us.
11.3. The Company reserve the right to terminate this ToU and, as a result, to disable your access to any of the API at any time, for any reason, or for no reason including, but not limited to, if the Partner fails to comply with any of the terms and conditions set herein and API Partner will be liable to the Company and its suppliers for damages or losses caused by such non-compliance. The waiver by the Company of a specific breach or default shall not constitute the waiver of any subsequent breach or default.
11.4. The Company reserves the right to immediately suspend or terminate your access to the API, without prior notice, if the Company reasonably determines, in its sole discretion, that you have engaged in any activity that violates these Terms, including but not limited to unfair traffic generation, misuse of the Company’s trademarks or intellectual property, or any other action that may harm the Company’s reputation or business interests. Such termination may result in the forfeiture of any outstanding Commissions or payments owed to you.
11.5. Any termination of this ToU shall also terminate the licenses granted to API Partner hereunder.
11.6. Upon termination of this ToU for any reason, API Partner shall cease using the API and either return to the Company or destroy all adaptations or copies of any materials licensed pursuant to this ToU and any Confidential Information in your possession and shall certify to the Company that such actions have occurred.
11.7. The rights of the Company and your obligations contained in this ToU survive any expiration or termination of this ToU.
[ 12. Applicable law and arbitration ]
12.2. Any disputes, controversies, or claims arising out of or in connection with this ToU, including its interpretation, validity, performance, or termination, shall be subject to the exclusive jurisdiction of the courts of the Republic of Seychelles.
12.3. If any dispute or disagreement arises between the Parties concerning this ToU, the Parties agree to first attempt to resolve the dispute amicably through good-faith negotiations or mediation conducted in the Republic of Seychelles by a mutually agreed-upon mediator.
12.4. If the dispute cannot be resolved through mediation within 30 (thirty) calendar days or if either Party fails to participate in the mediation process, the dispute shall be referred to and finally resolved by arbitration in accordance with the rules of the Republic of Seychelles International Arbitration Centre (SIAC).
12.5. The language of arbitration and all related proceedings and documents shall be English.
[ 13. General ]
13.2. Unless additional agreement states otherwise, the Partner acknowledges and confirms that the Company has the right to use Partner's logo and/or trademark for the purpose of advertising and in the furtherance of this ToU without written permission from the Partner.
13.3. The restrictions and termination provisions regarding unfair marketing practices and misuse of the Company’s intellectual property rights apply to both the use of the API and participation in the Partnership Program. A violation of these provisions in either program may result in termination or suspension of your rights under both.
13.4. The invalidity or unenforceability of any of this ToU shall not affect the validity or enforceability of any other of this ToU, all of which shall remain in full force and effect.
13.5. The ToU constitutes the entire agreement concerning the API, and oral amendments are void.
13.6. In the event of any conflict between the ToU and any other agreement you may have with the Company, the terms of that other agreement will prevail.
13.7. By installing, copying, or otherwise using the API, you acknowledge that you have read, understand and agree to be bound by the API ToU indicated above.