Support
Free 21 days Trial Login

July 15, 2014

API Agreement

This API Agreement ("Agreement") is made and entered into by and between 2PEAK AG. ("2PEAK") and you ("you"). The 2PEAK Application Programming Interface, documentation, and any provided software (collectively, the "API") is made available to you by 2PEAK subject to the terms and conditions of this Agreement, which terms incorporate by reference the 2PEAK Terms of Use (http://www.2peak.com/2peak/terms.php).

Registration

To use the API you must be provided an approved developer key token by 2PEAK (http://www.2peak.com/api/why.php). You will use the developer key provided to you only for a single application or service. You may not share your developer key with any other developer or use it for more than one application or service. 2PEAK may contact you from time to time about your use of the API. You must provide accurate information in your registration, and keep 2PEAK up to date with any changes to the status of your associated application, site or service.

Revenue Share

Selling 2PEAK Plans through your service or directing customer to the 2PEAK shop will result in a 20% commission for new customers (customers unknown to 2PEAK yet) and a 10% commission for recurring customers on the net revenue. Payouts are made quarterly when a minimum of € 100 is reached. You will get a private access to your revenue statement.

Permitted Use and Limitations

Once your registration is approved, you are authorized to use the API subject to the restrictions, conditions and limitations contained herein. 2PEAK reserves the right at any time to modify or discontinue, temporarily or permanently the API, your use of the API, or any portion thereof with or without notice. 2PEAK reserves the right to create and enforce controlling mechanisms such as a rate limiting structure for use of the API. 2PEAK reserves the right to cancel or limit any uses of the API by you that enable training plans and uses that replicate the 2PEAK sites, services or products.

Changes to Services and Agreement

2PEAK and its third-party providers may make improvements and/or changes in the data and functionality provided by the API ("Services") at any time without notice. The terms of this Agreement may be updated by 2PEAK from time to time. 2PEAK reserves the right to charge you for use of the API, and such updates may include such charges or updates to such charges. If you do not agree to any such charges or updates, you must cancel your access to the API within such 30-day notice period as set forth in "Cancellation" below.

Limitation of Liability

2PEAK provides the API and Services to you "AS IS,” and 2PEAK disclaims all representations and warranties, express and implied, with respect to the API and Services, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You agree that 2PEAK shall not be liable to you or to any third party for any access, use, modification, suspension or discontinuance of the API, Services or any portion thereof.

Cancellation

You may cancel your access to the API at any time by notifying 2PEAK at [email protected] 2PEAK may terminate your access to the API if you do not comply with the Service Terms or the other terms of this Agreement. You agree that 2PEAK shall not be liable to you or any third party for any termination of your access to the API.

Access and Privacy

Your application or service must respect the privacy settings configured by the 2PEAK users. If your service or application does not collect the authentication credentials of a 2PEAK user, then you are not permitted to display any data or use any functionality via the API that is not available to a logged out user. If your application or service logs into 2PEAK on behalf of a 2PEAK athlete, then you are permitted to access and display data or functionality only for that 2PEAK user, and you may not disclose such data to, or use it for, another user. Your application or service shall have a privacy policy that does not conflict with or supersede the 2PEAK Privacy Policy (http://www.2peak.com/2peak/terms.php).

Retention

Your application or service is prohibited from storing any data obtained via the API or providing or displaying such data or any associated service to any third party other than the 2PEAK user using your application or service.

Uploading

Your application or service may include the option to upload any recorded activities to 2PEAK and may be a mechanism for uploading 2PEAK user activities to services other than 2PEAK.

API Usage Data

2PEAK shall have the right to collect and use all data regarding your use, and your users' use, of the API.

Indemnity

You agree to indemnify and hold 2PEAK and its affiliates, officers, agents, representatives, employees, and partners harmless from any claim or demand, including associated damages, costs and reasonable attorneys’ fees, made by any third party due to or arising out of any information, data, files, software, content or other materials you or your users upload through the API, your use of the API, your operation of your application or service, your violation of this Agreement, or your violation of any rights of another person or entity.

Applicable Law, Jurisdiction and Venue

Any dispute arising out of this Agreement shall be governed by Swiss law, without regard to conflict of law provisions thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the canton of Basel Landschaft for any legal proceedings related to the API or this Agreement. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of the API or this Agreement, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the API or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

Assignment

You may not assign, delegate or otherwise transfer your obligations under this Agreement without the prior written consent of 2PEAK. 2PEAK has the right, in its sole discretion, to transfer or assign all or any part of its rights under this Agreement.

No Oral Modification

Except as set forth in “Changes to Services and Agreement” above, all amendments to this Agreement must be made in a writing.

If you have any questions regarding these Terms, please email [email protected]

2014 2PEAK, Inc


//loading page time info for admin