API Policies and Terms and Conditions
Application: any software application that uses the UP by Jawbone API or data from UP by Jawbone, the UP by Jawbone website, or other UP by Jawbone Applications
User Account Information: any account information supplied by a user of UP by Jawbone, including but not limited to name, email, gender, height, weight, birthday, location, goals, and profile picture. User supplied account information may be supplied directly through use of the Up by Jawbone, the Up by Jawbone website, or other UP by Jawbone applications
User Data: user-specific data you receive through the UP by Jawbone API as detailed in the UP API Specifications.
Content: text and/or images containing information relevant to the user and your service
Metrics: numerical measurements in standard values relevant to the user and your service
Launch Date: the date on which Jawbone will publicly announce the UP Platform and API, subject to Jawbone’s sole discretion
III. USAGE ALLOWANCES AND RESTRICTIONS
a. Permitted Use of the API
- Scope of Use: You may use the API to develop Applications to extend and/or enhance the use and application of Up by Jawbone, the Up by Jawbone Platform and data collected thereby. You may not use the API to modify or reverse engineer any functionalities of the Up by Jawbone Platform or to access or attempt to access Jawbone’s servers for purposes unrelated to the implementation of your Application or to circumvent or attempt to circumvent the intended use of the API. You may not use the API to create any application that is intended to or does replace the Up by Jawbone Platform or direct UP users away from the Platform.
b. Operational Compliance:
You are responsible for all activities that occur under your account identifiers, on your site, and that you post into the UP Application. In operating your Application, you must ensure that you are in compliance with the following requirements.
- Legal Compliance: You may use the API only for purposes that are legal, proper and in accordance with UP by Jawbone Terms and Policies. At all times, your Application and your use of the API must comply with all applicable laws and regulations. In the event you are located outside the United States, or the website you are operating is hosted on a server located outside the United States, you agree to comply with any laws, rules or regulations in your locale or in the location of your web server regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
- Content Limitations: You are responsible for all content of and within your application, including advertisements and user-generated content. You must not promote, or provide content referencing, facilitating, containing or using, the following:
- Content that infringes upon the rights of Jawbone or any third party, including intellectual property rights, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
- Content that maligns or misrepresents Jawbone or any Jawbone product or that uses Jawbone trademarks, copyrights or other intellectual property outside the scope of the rights granted herein;
- Gambling, including without limitation, any online casino, sports books, bingo or poker;
- Illegal activity and/or illegal contests, pyramid schemes, sweepstakes not in compliance with relevant law, or chain letters;
- Content that is hateful, threatening, defamatory, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- Content obtained from the UP by Jawbone Platform from any means other than through the API.
- Support: You must provide adequate support to UP users, such adequacy to be judged in our sole discretion.
- Promotion: You may not promote your application in non-designated locations on the UP by Jawbone Platform or Jawbone Forums or social media.
- Usage and Rate Limits: Jawbone may monitor your usage of the API in order to improve our service and to ensure compliance with our policies. Use of the API is subject to reasonable restrictions on rate limit. If Jawbone reasonably believes that you have exceeded such limits, your ability to utilize the API may be temporarily slowed, suspended or permanently revoked.
c. User Data Retrieval and Related Obligations
- You may not use web scraping, web harvesting, or web data extraction methods to extract data from the UP by Jawbone Platform or other Jawbone web assets.
- You neither obtain nor retain any rights in retrieved data, beyond the rights provided herein. All data remains the property of the user from whom it derived and/or of Jawbone, as relevant,.
- You may not solicit or obtain data beyond the data necessary for the functioning of your Application or delivery of your service.
- You may not sell or otherwise distribute for compensation, either directly or indirectly, retrieved data or data generated therefrom, or encourage others to so sell or distribute, except to the user from whom data was collected in accord with your notice to the user as to this use, and the user's express consent.
- You must delete data promptly upon request by a user from whom it was retrieved and will provide an easily accessible mechanism for users to make such a request.
- If you are acquired by or merge with a third party, you may continue to use User Data or data generated therefrom within your Application only if you obtain express consent from users from whom User Data was retrieved.
d. License, Ownership, Confidentiality
- Jawbone grants you a non-exclusive, revocable license to use Jawbone's trademarks in accord with the guidelines provided at http://jawbone.com/legal/trademark. No rights of ownership are granted or implied by this license.
- The license granted herein implies no partnership or affiliation with Jawbone, and your Application content must not express or imply an affiliation or relationship with Jawbone unless otherwise provided for in a separate written and duly executed agreement.
- Your use of the API grants Jawbone a license to promote your application, and grants us non-exclusive, revocable license to use your trademarks and copyrights in furtherance of such promotion.
- You may not use the Jawbone or UP name or related trademarks in any of your Application names or URLs.
- You may be given access to certain non-public proprietary information, software and specifications related to the API and the Up by Jawbone Product and Services (the “Confidential Information”). You may use this Confidential Information only as necessary in exercising the rights granted to you by these Terms of Service. You may not disclose any Confidential Information to any third party without our prior written consent and you agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care. This section shall survive termination of your access to the API and/or these Policies and Terms of Service.
- You may not promote or publicize your integration with the UP by Jawbone API until authorized to do so by Jawbone. In particular you may not do so prior to the UP by Jawbone Launch Date.
We may change our Policies and Terms of Service at any time without prior notice as we deem necessary. Your continued use of the API constitutes acceptance of those changes. The most current version of the API Policies and Terms of Service will be available at [link]. IF CHANGES TO THE API POLICIES OR TERMS OF SERVICE ARE UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE API.
a. Disclaimer of Warranties
YOUR USE OF THE API IS AT YOUR SOLE RISK. THE API IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JAWBONE 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.
JAWBONE MAKES NO WARRANTY THAT (i) THE API WILL MEET YOUR REQUIREMENTS, (ii) THE API WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND/OR THAT (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE API IS RETRIEVED AT YOUR OWN DISCRETION AND RISK AND. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/NETWORK OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR THE USE OF THE API.
b. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JAWBONE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JAWBONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE API; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE API.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this section may not apply to you.
You warrant that (i) you hold all rights, including intellectual property rights necessary for implementation of your Application and (ii) your implementation of your Application and actions related thereto will not violate these Policies and Terms of Service or breach any agreement or promise made therein.
You agree to indemnify and hold harmless Jawbone and its subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to your use of the API, implementation of your Applications or violation or breach by you of these API Policies or any other policies or terms and conditions relating to the UP by Jawbone Platform, or infringement of the intellectual property rights of any third party, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
Jawbone may change, suspend or discontinue all or any aspect of the API, including its availability, at any time, and may suspend or terminate your use of the API at any time. Jawbone may terminate your access to the API and your right to use it at any time, for any reason, or for no reason at all.
You may also terminate use of the UP by Jawbone API at any time. Following termination for any reason by either party, you are required to delete all data you receive or have received through the API
f. Equitable Remedies.
You acknowledge that your violation or breach of these Policies and Terms of Service may cause irreparable harm to Jawbone. Accordingly, you agree that, in addition to any other remedies to which Jawbone may be legally entitled, Jawbone shall have the right to seek immediate injunctive relief in the event of such violation or breach by you or any of your officers, employees, consultants or other agents.
g. Entire Agreement.
h. Jurisdiction, Venue and Choice of Law.
These Policies and Terms of Service will be governed by the laws of the State of California, without regard to or application of conflicts of law rules or principles.
All claims arising out of or relating to these Terms of Service will be brought exclusively in the federal or state courts of San Francisco County, California, USA and you consent to personal jurisdiction in those courts.
i. Severability and Waiver.
No waiver by Jawbone of any covenant or right under these Policies and Terms of Service will be effective unless given in a writing duly authorized by Jawbone.
If any part of these Policies and Terms of Service is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Policies Terms of Service will remain in full force and effect.