“Developer Application” means any software application developed by you that interacts with the FitBark Platform

“Customer Data” means any data collected from Users (as defined below) of your Developer Application including, without limitation, the names, email addresses, and user profile pictures of any FitBark customer, as well as their dogs’ names, profile pictures, gender, date of birth, breed, weight, location, medical conditions, and goals

“FitBark Data” means the dog health & lifestyle data collected by the FitBark Devices and made available to you through the FitBark API

“User” means a registered user of your Developer Application

“FitBark User Data” means that subset of the FitBark Data that is associated with a User

You may use the FitBark API to create Developer Applications that interact with and extend and/or enhance the FitBark Platform or for data backup purposes

You may use the FitBark API to retrieve or post FitBark Data and Customer Data and display information in external applications according to the Terms

You may use the FitBark API to post select data from your application into the FitBark Platform, provided that you have express User consent

You may not use the FitBark API to design anything other than Developer Applications. You may make no further use of the FitBark Data, without express User consent

You may not use the FitBark API to create Developer Applications that are intended to or do replace the FitBark Platform or direct FitBark users away from the FitBark Platform

You may not perform or encourage wholesale export of FitBark Data for the purpose of account migration or service duplication

You may not use the FitBark API for purposes of publishing known bad data into the FitBark Platform

You may not use the FitBark API to modify or reverse engineer any functionalities of the FitBark Platform or to access or attempt to access FitBark’s servers for purposes unrelated to the implementation of your Developer Application or to circumvent or attempt to circumvent the intended use of the FitBark API

You may not use the FitBark API to retrieve solicit or retrieve user passwords

You may not use web scraping, web harvesting, or web data extraction methods to extract data from the FitBark Platform or other FitBark web assets

You may not distribute, sell, lease, rent, lend, or sub-license any part of the FitBark Platform or related services or content to any third party except as included within and necessary to distribute your Developer Application

You may not use or access the FitBark API for the purpose of monitoring the performance or functionality of the FitBark Platform or for any other benchmarking or competitive purposes

We may monitor your usage of the FitBark API in order to improve our service and to ensure compliance with our policies. Use of the FitBark API is subject to reasonable restrictions on rate limit, as determined by us in our sole discretion. If we reasonably believe that you have exceeded such limits, your ability to utilize the FitBark API may be temporarily slowed, suspended, or permanently revoked, as we determine in our sole discretion

You won’t upload or transmit content that is unlawful, threatening, abusive, defamatory, vulgar, hateful, or racially ethically or otherwise objectionable

You won’t upload or transmit content that you do not have a right to transmit or that infringes any patent, trademark, trade secret, copyright, or any other proprietary rights

You won’t upload or transmit content that that maligns or misrepresents FitBark or that uses FitBark’s trademarks, copyrights, or other intellectual property outside the scope of the rights granted herein

You won’t harm minors

You won’t impersonate or otherwise misrepresent your affiliation with any person or entity

You won’t violate any applicable law or regulation including, without limitation, laws regarding the export of technical data

Any rendering or display of FitBark Data in your Developer Application must provide attribution to FitBark

Subject at all times to your full compliance with the Terms, as well as FitBark’s Terms of use and Privacy Policy, FitBark grants you a non-exclusive, revocable, non-sublicenseable, non-transferable royalty free license to use the FitBark API solely to develop, reproduce and distribute Developer Applications. FitBark has no obligation to provide any type of support for the FitBark API or any services or content related thereto

The FitBark API is licensed (and not sold) to you. The Terms in no way convey any ownership rights to you, and FitBark reserves all rights not expressly granted to you under the Terms

You are responsible for providing customer with technical support and maintenance for your Developer Application

You agree to not market, sell, transfer or disclose any Customer Data to any third parties, except as expressly permitted by the customer or except as otherwise provided by law. Users must be permitted to express contact preferences, via notice and opt-out, at the point of collection and in each subsequent marketing piece

The license granted herein implies no partnership or affiliation with FitBark, and your Developer Application content must not express or imply an affiliation or relationship with FitBark, unless otherwise provided for in a separate written and duly executed agreement

You may not promote or publicize your integration with the FitBark API until authorized to do so by FitBark

You may not use the FitBark name or related trademarks in any of your Developer Application names or URLs

FitBark reserves the right to disable or upgrade the FitBark API and related services at any time without notice to you and without any form of compensation or consideration to you, regardless of the status of any Developer Application

You hereby grant to FitBark a worldwide, non-exclusive, royalty free, license to copy, display, perform, transmit, and use any Developer Application and related trademarks and logos that you create using the FitBark API, for the purposes of promoting FitBark and marketing your Developer Applications to customers. However, FitBark has no obligation to promote any Developer Application

You represent and warrant that you have all rights, including all copyright, trademark and other intellectual property rights, in the Developer Application necessary to offer your Developer Application to end users and to grant the license to FitBark in this Agreement

Any feedback, suggestions and ideas that you provide to us regarding the FitBark API, the FitBark Platform, or any other FitBark product or service will be treated by us as non-confidential, and we may, in our sole discretion, use the feedback you provide in any way, including future modifications of the FitBark API, services, products, multimedia works and/or advertising and promotional materials relating thereto

You hereby grant FitBark a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display your feedback in any manner and for any purpose

We may change the Terms or any other terms of the FitBark Platform at any time, without prior notice, as we deem necessary in our sole discretion

Your continued use of the FitBark API constitutes acceptance of those changes

If the changes are unacceptable to you, your only recourse is to immediately discontinue your use of the FitBark API

FitBark may change, suspend, or discontinue all or any aspect of the FitBark API, including its availability, at any time, and may suspend or terminate your use of the FitBark API at any time. FitBark may terminate your access to the FitBark API and your right to use it at any time, for any reason, or for no reason at all

Upon any termination of this agreement, you will promptly cease using the FitBark API and the FitBark Data. You may also terminate use of the FitBark 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 FitBark API

You may be given access to certain non-public, proprietary information, software, and specifications related to the FitBark API or the FitBark Platform

You may use this confidential information only as necessary in exercising the rights granted to you by the Terms

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

YOUR USE OF THE FITBARK API IS AT YOUR SOLE RISK. THE FITBARK API IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FITBARK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE

FITBARK MAKES NO WARRANTY THAT THE FITBARK API WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, OR THAT 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

IN NO EVENT WILL FITBARK BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA, BUSINESS, OR PROFITS) ARISING FROM OR IN CONNECTION WITH THE TERMS OR YOUR USE OF THE FITBARK API OR FITBARK PLATFORM, WHETHER ARISING FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE

THE FOREGOING LIMITATIONS SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE

CERTAIN 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 MAY NOT APPLY TO YOU

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FITBARK 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 FITBARK API, IMPLEMENTATION OF YOUR DEVELOPER APPLICATION OR VIOLATION OR BREACH BY YOU OF THE TERMS OR ANY OTHER POLICIES OR TERMS AND CONDITIONS RELATING TO THE FITBARK 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

YOU AGREE TO USE COMMERCIALLY REASONABLE MEASURES TO MAINTAIN THE SECURITY OF CUSTOMER DATA COLLECTED IN CONNECTION WITH ANY OF YOUR PRODUCTS OR SERVICES OFFERED, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND WILL INDEMNIFY US FOR, ANY LOSS, HARM, OR LIABILITY RELATED TO YOUR FAILURE TO ADEQUATELY PROTECT CUSTOMER DATA

The Terms constitute the entire agreement among the parties with respect to the subject matter hereof and supersede all prior proposals, understandings and communications between the parties with respect to that subject matter

If this document and the Terms conflict in any way, the provisions in the Terms supersede this document

If you are acquired by or merge with a third party, you may continue to use FitBark Data or data generated therefrom within your Developer Application only if you obtain express consent from users from whom the data was retrieved

You acknowledge that your violation or breach of the Terms may cause irreparable harm to FitBark. Accordingly, you agree that, in addition to any other remedies to which FitBark may be legally entitled, FitBark 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

The Terms shall be governed and construed in accordance with the laws of Missouri, United States, without regard to its conflict of law provisions

All claims arising out of or relating to the Terms will be brought exclusively in the federal or state courts of Jackson County, MO, USA and you consent to personal jurisdiction in those courts

No waiver by FitBark of any covenant or right under the Terms will be effective unless given in a writing duly authorized by FitBark

If any part of the Terms 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 the Terms will remain in full force and effect