Fleetly

Fleetly Application Programming Interface (API) Terms of Service
Version 1.0
June 1, 2011

By using any of Fleetly’s Application Programming Interface ("API") You agree to be bound by these Terms of Service; please read them carefully before using any of Fleetly’s API.

These Terms of Service (“API Terms”, “Agreement”) govern Your access to and usage of Fleetly’s Application Programming Interface (the “API”), including any data transmitted, received or displayed by the API (the “Content”).

If You do not agree to be bound by these Terms, You may not access or use the API.

You are also bound by Fleetly's Terms of Service.

To make this document easier to use, We have highlighted certain elements We believe to be of particular significance, and put occasional summaries in the boxes at the right. Those are done as a courtesy only; You are bound by the entire Agreement.

In addition to the foregoing, the API Terms include the following sections:

Overview
Content
Conduct
Functionality in Your Service
Commercial Use
As-is and No Warranty
Legal Logistics
Changes to Terms
Contact Information

By using Fleetly's API you are bound by this entire Agreement.

Overview (back to top)

In this document, Fleetly refers to Fleetly Corporation, Fleetly Inc, and any other subsidiaries of Fleetly Corporation (collectively, “Fleetly”, “We”, “Ours”, “Ours”).

Fleetly's API enables you to build fitness-related applications using our backend system and content. The API is meant for building consumer-facing applications where a user interacts directly with their own account. Scraping or otherwise gathering and storing our copyrighted content, aggregating user data in violation of our privacy policy, and otherwise using the API in ways that are detrimental to Fleetly our our Users, is not allowed.

As a condition of use, You promise not to use the API for any purpose that is prohibited by the API Terms of Use. The API is provided only for Your own personal, non-commercial use. If you have a commercial application, please read the Commercial Use section. You are responsible for all of Your activity in connection with the API.

Content (back to top)

Through the API, Fleetly makes a significant quantity of copyrighted material available including, but not limited to, exercise descriptions, photos, and videos. You may not use the API to create your own exercise database, nor may you retain any copyrighted material for retransmission outside the context of an authorized user session, nor do anything else that would infringe Fleetly's copyright.

You are expected to use the Content responsibly and in accordance with the policies set forth in these API Terms. If We become aware of misuse of the Content, we will take whatever measures we deem necessary to stop or prevent those violations, including but not limited to a warning, suspension or termination of Your account. Our decisions in this regard are in Our sole discretion and are final. To report a violation of the API Terms, send an e-mail to tos@fleetly.com.

Please don't rip off our Content. We worked hard to make it.

Conduct (back to top)

We have a general expectation that You will not misbehave as a user of the API, and if in our judgement You are misbehaving we reserve the right to take whatever remedial steps we deem appropriate, in our sole and absolute discretion. By using the API, You agree to abide by the following principles with respect to Your use of the API:

Respect User Privacy.

You must read, understand, and honor our Privacy Policy
Recognize that some data you have access to may be deeply personal and confidential (for instance, weight), and must be treated accordingly

Be a Good Partner.

Do credit Fleetly prominently in your application or service, with the text "[application name] uses the Fleetly™ API"
Do let us know what you've built so we can link to you on our site
Do not do anything else to imply that Fleetly has endorsed your application or company
Do not build applications that directly copy Fleetly's functionality or interface, or otherwise might cause confusion for users
Do not bypass any measures We may use to prevent or restrict access to the API
Do not use the API to “crawl” or “spider” any of the Content
If you're planning to impose a large load on our API, please let us know so we can work something out

Don't Abuse User Trust.

Do not use Fleetly's API to, or in conjunction with an application that will, send or otherwise facilitate unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming")
Do not take actions that would surprise users, for instance posting messages on their behalf without their consent

Don’t do anything that is harmful, disrespectful, or otherwise detrimental to Fleetly or our users, partners, or other third parties.

Functionality in Your Service (back to top)

End users must be presented with the option to log into Fleetly via the OAuth 2.0 protocol. End users without a Fleetly account should be given the opportunity to create a new Fleetly account as provided by Fleetly.

Commercial Use (back to top)

The API is currently provided at no charge for non-commercial use only. In the future, we reserve the right to charge commercial applications for access to the API above a base threshold that Fleetly may determine in our sole and absolute discretion.

In the meantime, if you want to develop a commercial application please let us know! We really don't mind for now, and will be happy to work to support your application. Most importantly, if you're doing something that you thing will result in a large load, please let us know or you may receive snarky correspondence and find your account suspended.

We expressly disavow any and all liability for economic damages your may incur from any Commerical Use of the API. We may change or terminate the API at any time and are not liable for any resultant damages of any kind.

Commercial Use is unsupported and is at Your own risk.

API Provided As-is and Without Any Warranty (back to top)

Fleetly has no special relationship with or fiduciary duty to You; Your access to and use of the API or any Content is at Your own risk. You understand and agree that the API is provided to You on an “as is” and “as available” basis.

We will use reasonable efforts to ensure that the API is available at all times. However, there will be occasions when the API will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. We will take reasonable steps to to minimize such disruptions within Our reasonable control. We make no warranty that the API will meet Your requirements or be available on an uninterrupted, secure, or error-free basis.

Although We will make reasonable efforts to store and preserve the material residing on the API, We are not responsible or liable in any way for the failure to store, preserve or access Content.

Fleetly will not be responsible or liable for any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the API, or any Content. You also agree that Fleetly has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the API.

Fleetly will not be liable for the privacy of email addresses, registration and identification information, communications, or any other Content stored on or otherwise connected with Your use of the API.

Without limiting the foregoing, Fleetly expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We further make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the API or any content thereon. No advice or information, whether oral or written, obtained from Fleetly or through the API, will create any warranty not expressly made herein.

We do the best we can to make you happy. But if things break, or data gets lost, or that sort of thing, We’re not responsible for those problems or their impact on You.

Legal Logistics (back to top)

Entire Agreement; Severability and Waiver

The API Terms are the entire agreement between You and Fleetly with respect to the API, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Fleetly with respect to the Services; provided, however, that You shall also be bound by Fleetly's Terms Of Service.

If any part of these API Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

The failure of Fleetly to enforce any right or provision of these API Terms will not be deemed a waiver of such right or provision.
Indemnification

You agree to defend, indemnify, and hold harmless Fleetly, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to Your use or misuse of, or access to, the API or Content, violation of the API Terms, or infringement by You, or any third party using the Your account, of any intellectual property or other right of any person or entity. Fleetly reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Fleetly in asserting any available defenses.
Controlling Law; Dispute Resolution

These Terms and any action related thereto will be governed by the laws of the Province of British Columbia without regard to or application of its conflict of law provisions or Your state or country of residence. All claims, legal proceedings or litigation arising in connection with the API will be brought solely in Vancouver, British Columbia, and You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

A printed version of the API Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the API Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Fleetly agree that any cause of action arising out of or related to the API must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Fleetly makes no claim that the API may be lawfully used or that Content may be downloaded outside of the United States or Canada. Access to the Content may not be legal by certain persons or in certain countries. If You access the API from outside the United States or Canada, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.
Miscellaneous

Fleetly shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Fleetly’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The API Terms are personal to You, and are not assignable, transferable or sublicensable by You except with Fleetly's prior written consent. Fleetly may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the API Terms and neither party has any authority of any kind to bind the other in any respect. All notices under the API Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Termination

Fleetly may terminate Your access to all or any part of the API at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and immediate destruction of all information associated with Your membership. If You wish to terminate Your account, You may do so by following the instructions on the API. Any fees paid hereunder are non-refundable. All provisions of the API Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

This is our only Agreement, and even if part of it is discarded the rest of it still stands. Just because we choose not to enforce a provision doesn't mean we can't enforce it later.

Changes to These Terms (back to top)

These API Terms and our Fleetly Terms of Service are the entire and exclusive agreement between Fleetly and You regarding the API (excluding any Services for which You have a separate agreement with Fleetly that is explicitly in addition or in place of these API Terms), and these API Terms supersede and replace any prior agreements between Fleetly and You regarding the API.

We may revise these API Terms from time to time, and the most current version will always be at fleetly.com/api/terms. If the revision, in our sole discretion, is material we will notify You via an @fleetly Twitter update or e-mail to the email associated with Your account. By continuing to access or use the API after those revisions become effective, You agree to be bound by the revised API Terms.

We can change these terms in the future, and those new terms will replace these ones. If those changes are important, we'll let you know.

Contact Information (back to top)

The API is operated and provided by Fleetly Corporation, 33 Water Street, Suite 604, Vancouver, British Columbia V6B 1R4. If You have any questions about the API Terms, please contact us via email to tos@fleetly.com

Changelog:

v1.0 6/1/2011: Initial version

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