ANIMUS HOME AB - API terms of serviceVersion 2019:1. Last updated 11 March 2019.
The following terms and conditions constitute a legally binding agreement you (“You”, “Your” or the “Developer”) and Animus Home AB, Reg. No. 559027-9856, (“Animus”), a limited liability company incorporated in Sweden, (the “Agreement”). Please read the Agreement carefully.
Here are a few highlights:
- We hope you create an application that is useful, inspiring and helps build a community for Animus users.
- You may not create an application that merely replicates or competes with Animus.
- You are responsible for your use of the Animus API and your application.
- Your use of the Animus API is subject to volume limits and other use restrictions.
- Respect Animus users and their privacy choices.
- Animus may modify or discontinue access to the Animus API.
- Animus makes no warranties and Animus is not liable for your use of the Animus API.
- Animus may collect and use data from your access of the Animus API.
- Animus may, but is under no obligation to, feature or promote your application.
- You must comply with Animus’s Branding Guidelines and use the provided Animus logos and links where you use Animus data in your application.
Please read the entire Animus API Agreement below as it governs your use of the Animus API.
This Agreement will evolve as our business and platform expands and as creative developers dream up new applications for the Animus service and platform (“Animus Platform”), so check back often and make sure that you are familiar with the most current version of this Agreement whenever you engage in any use of the Animus API Materials. Any amendment to this Agreement will be effective upon our posting of such updated terms at this location or the successor URL that Animus may select. Your continued use of the Animus API Materials after such posting constitutes your consent to be bound by this Agreement, as updated and amended. Additionally, we may modify, remove or add portions of, or otherwise update the Animus API Materials from time to time in Animus’s sole discretion.
1. REGISTRATION AND PROCESSING OF DEVELOPER INFORMATION
Animus collects and processes the personal data about the Developer or the Developer’s contact person(s) that is submitted with the registration form (the “Personal Data”) in order to supply and administrate services provided by Animusand to fulfill its obligations under the Agreement. To the extent necessary to supply the services provided by Animus, Animus may transfer the Personal Data to Third Party Provider as well as other service providers and partners. Animus and/or Animus’ partners are entitled to handle the Personal Data for marketing, campaigns, offers and new products or services that are offered within the scope of the services provided by Animus by Animus or Animus’ partners. The Developer or the Developer’s contact persons are entitled to access the Personal Data that Animus has registered about them, and may at any time demand Animus to correct or erase erroneous or incomplete Personal Data. In addition to this, the Developer may itself correct its personal data, by logging into its account for the services provided by Animus.
By agreeing to this Agreement you consent to Animus’ processing and storing of the Registration Data, and to disclosing Registration Data if Animus is obliged to do so by law, or if Animus at its own discretion considers it necessary to (a) comply with a legal obligation; (b) uphold the Agreement; (c) respond to statements that Applications and/or Registration Data constitute an infringement of a third party right or in any other way is in contravention with law; or (d) protect Animus’, its users or the publics’ interests, rights, property or personal safety.
You are aware that Animus’ processing of the Registration Data and Applications may involve (a) transfer through different networks inside and outside the EU and the U.S..
Animus Home has an appointed responsible person for personal data (Sw. personuppgiftsansvarig).
Once your registration is approved, you are authorized to use the Animus API Materials to develop products, sites, applications or services that are registered with us and are designed to interact with and enhance the Animus Platform (“Developer Applications”) subject to the restrictions, conditions and limitations in this Agreement. To use the Animus API Materials you must use the approved developer key token provided by Animus (“API Key”). You may only use a single API Key for a single Developer Application.
You are solely responsible for the confidentiality of your API Key and may not share your API Key with any other developer or use it for more than one application or service. You agree to keep your registration, site, application or service information accurate, complete, and current for so long as you use the Animus API Materials. You are responsible for all use that occurs under your API Key, including any activities by you or your employees, contractors or agents. If you believe an unauthorized person has gained access to your API Key we issue you, you must notify us as soon as possible.
Animus may contact you from time to time about your use of the Animus API Materials and/or API Key, and you agree to be responsive to inquiries from Animus.
2. Animus API Materials: Permitted Use and Limitations
Animus reserves the right at any time to modify or discontinue, temporarily or permanently the Animus API Materials, your use of the Animus API Materials, or any portion thereof with or without notice to you and without any form of compensation or consideration to you, regardless of the status of any of your Developer Applications. Animus reserves the right to create, modify and enforce controlling mechanisms such as a rate limiting structure for use of the Animus API Materials. Further, you acknowledge that Animus has no obligation to ensure that an upgrade of the Animus API Materials or the Animus Platform will be compatible with existing or planned Developer Applications.
Animus reserves the right to revoke your API Key or terminate or limit any uses of the Animus API Materials if you violate this Agreement or we otherwise object to your use of the Animus API Materials, including but not limited to, uses that enable virtual races or competitions and uses that replicate Animus sites, services or products. If you are unsure if a certain use of the Animus API Materials is permitted or if there is a use case you would like to see covered that is not currently supported by the API or this Agreement, please contact us at [email protected] to discuss your needs.
You agree to comply with the Animus Branding Guidelines, including without limitation, attributing your use of Animus Data in your Developer Application by using the links and logos Animus makes available to you. The Animus Brand Guidelines are available on the Animus developer site and may be updated by us from time to time. You understand and agree that Animus has the sole discretion to determine whether you are in compliance with the Animus Brand Guidelines.
Animus may use your Developer Applications and related marks and logos that you create using the Animus API Materials, for the purposes of promoting Animusand marketing and making Developer Applications available to our mutual customers. However, Animus has no obligation to use or promote any Developer Application.
You, and not Animus, are responsible for providing all customer and technical support and maintenance for your Developer Applications. Animushas no obligation to provide any type of technical or other support for the Animus API Materials or any services or content related thereto, whether provided by Animus, by you, or by third parties.
You agree to use commercially reasonable and appropriate administrative, technical, and physical measures, including taking account of the measures described in Article 432(1) of the General Data Protection Regulation 2016 /679 (“GDPR”), to maintain the security and integrity of (i) all data you access or collect from the Animus API Materials including but not limited to Animus user personal and activity data and Animus segment and leaderboard data (collectively “Animus Data”), and (ii) all other data you access or collect in connection with any of your Developer Applications (“Developer Application Data”). Animus Data and Developer Application Data are collectively defined as “Data.” You are fully responsible for the security of Data used in connection with your Developer Applications or otherwise in your possession. You must ensure that any Animus Data is encrypted and transmitted over a secure, encrypted channel (e.g., HTTPS). You must notify Animus of any security breach, including any personal data breach within the meaning of the GDPR, related to your Developer Application or Animus Data as soon as possible but no later than twenty-four hours of your discovery of any such security incident.
In general, we reserve the sole right to determine whether or not your use of the Animus API Materials is acceptable, and to revoke Animus API Materials access for any Developer Application that we determine is not in the best interests of Animus or our users. The following are some, but not all, restrictions applicable to the use of the Animus API Materials including, but not limited to, Animus Data:
You may not use Animus API Materials for any purpose other than providing the Developer Application for which you are registered to provide as a Animus API developer.
You may not use the Animus API Materials in any manner that is competitive to Animus or the Animus Platform, including, without limitation, in connection with any application, website or other product or service that also includes, features, endorses, or otherwise supports in any way a third party that provides services competitive to Animus’s products and services, as determined in our sole discretion.
You may not process Animus Data, including in an aggregated or de-identified manner, for the purposes of, including but not limited to, analytics, analyses, customer insights generation, and products or services improvements. Animus Data may not be combined with other customer data, for these or any other purposes.
You may not include or use the Animus API Materials in, or in connection with, any application, website or other product or service that includes content that is disparaging of Animus, libelous or may otherwise be perceived as detrimental or harmful to Animus and its business and reputation, in our sole discretion.
You cannot use web scraping, web harvesting, or web data extraction methods to extract data from the Animus Platform.
You may not include or use the Animus API Materials in, or in connection with, any application, website or other product or service that includes content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, in our sole discretion.
You may not use the Animus API Materials to distribute any virus, spyware, adware, malware, or other harmful or malicious component.
You may not use the Animus API Materials for any purpose which or might overburden, impair or disrupt the Animus Platform or related servers or networks.
You may not use the Animus API Materials to distribute unsolicited advertising or promotions, or to send messages, make comments, or initiate any other unsolicited direct communication or contact with Animus users or partners.
You may not, and may not encourage or authorize others to: (i) remove or alter any proprietary notices or marks on the Animus API Materials; (ii) use or access the Animus API Materials for purposes of monitoring the availability, performance, or functionality of any of Animus’s products and services or for any other benchmarking or competitive purposes; (iii) use or access the Animus API Materials to aggregate, cache, or store geographic location information or other user information accessible via the Animus API; (iv) frame, wrap or otherwise reproduce significant portions of the Animus Platform; or (v) reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of the Animus API Materials or any part of the Animus Platform.
You may not sell, rent, lease, sublicense, redistribute or syndicate access to the Animus API Materials, and you may not charge any kind of service, booking or similar fee in connection with any services made available via the Animus Platform, unless provided by an Animus provided market place for such services.
You may not use the Animus API Materials in any way that would grant someone other than you or the applicable user the right to see any data related to that user without obtaining the prior express consent of that user.
You cannot modify or edit any content, links or metadata when displaying Animus Data in your Application.
3. Platform Changes
Animus and its third-party providers may make improvements and/or changes in the data and functionality provided by the Animus API Materials at any time without notice.
Access to and use of the Animus API Materials and the Animus Platform are currently provided at no charge. Animus reserves the right to charge you for use of the Animus API Materials and access to the Animus Platform, and such updates may include such charges or updates to such charges, in the future at our discretion, including, without limitation, rated pricing and/or differentiated pricing for business users. We will provide you with notice in the event we decide to start charging for use.
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.
4. Cancellation and Termination
You may cancel your access to the Animus API Materials at any time by notifying Animus at [email protected], or by ceasing all use of the Animus API Materials and Animus Platform, and deleting all copies of all Animus API Materials (including all Animus Data) in your possession or control. Animus may cease making the Animus API Materials available at any time as set forth in Section 2. You agree that Animus 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.
Animus may terminate your access to the Animus API Materials immediately if you do not comply with the Service Terms or this Agreement, or you are engaged in any activity that may expose Animus to risk or liability of any kind, or if we otherwise reasonably object to your use of the Animus API Materials. You agree that Animus shall not be liable to you or any third party for any costs, liabilities, losses, expenses, or damages that may result from termination of this Agreement or your access to the Animus API Materials.
The following Sections of this Agreement shall survive any termination or expiration: 5, 6, 8-14.
Upon any termination of this Agreement, you will promptly cease using and permanently delete all the Animus API Materials, the Animus Platform, and Animus Data provided hereunder and so certify in writing to Animus.
Your Developer Application must respect the privacy settings configured by the Animus users. You may use and retain Data only so long as necessary for the purpose you originally obtained it.
You agree to process and use Personal Data in a manner consistent with all applicable data protection and privacy laws, including as applicable the GDPR. If for any reason you are unable to comply with any privacy requirement of the Service Terms you must promptly inform Animusand take reasonable and appropriate steps to remedy any non-compliance, or cease your access to the API and use of all Personal Data.
“Personal Data” means data that may be used, either alone or together with other information, to identify an individual user, including, without limitation, a user’s name, address, telephone number, username, email address, city and country, geolocation, unique identifiers, picture, or other similar information and includes personal data as defined in the GDPR.
The rights granted in this Agreement do not include any general right to use the Animus name or any Animus trademarks, service marks or logos (the “Animus Marks”) with respect to your Developer Applications. Subject to your continued compliance with this Agreement, you may use Animus Marks to comply with Animus’s data attribution requirements for certain limited purposes related to your Developer Applications only as described in the Animus Branding Guidelines. These rights apply on a non-exclusive, non-transferable, worldwide, royalty-free basis, without any right to sub-license, and may be revoked by Animus at any time. If Animus updates the Branding Guidelines or any Animus Marks that you are using, you agree to update such Animus Marks to reflect the most current versions. You must not use any Animus Marks, or any confusingly similar mark, as the name or part of the name or icon of your Developer Applications, or as part of any logo or branding for your Developer Applications.
7. Press and Publicity
You may not issue any press release or other announcement regarding your Developer Applications that makes any reference to Animus without Animus’s prior written consent.
8. Intellectual Property Matters
You agree that Animus and its affiliates and licensors retain all worldwide right, title and interest in and to the Animus API Materials, Animus Data, Animus Marks and the Animus Platform, including, without limitation, all intellectual property rights therein. Any rights not expressly granted herein are prohibited and reserved.
You understand that Animus may currently or in the future develop products and services that may be similar to or compete with your Developer Applications. Nothing in this Agreement shall in any way restrict Animus from pursuing any business activities or from entering into any agreement with any other person or company.
In the event that you choose to provide Animus with feedback, suggestions or comments regarding the Animus API Materials or the Animus Platform, or your use thereof, you agree that Animus will be free to use, copy, modify,create derivative works, distribute, publicly display, publicly perform, grant sublicenses to, and otherwise exploit in any manner such feedback, suggestions or comments, for any and all purposes, with no obligation of any kind to you.
To facilitate your Animus API Materials integration, Animus may make certain SDK(s) and/or libraries available to you under a separate open source license. You agree that any Animus API integration facilitated with such open source SDK(s) and/or libraries remains subject to this Agreement.
You hereby grant to Animus a paid-up, royalty-free, non-exclusive, worldwide, transferable, sublicenseable, right and license, under all applicable intellectual property rights, for Animus’s marketing and promotional purposes to: (a) use, perform, make available, display to the public, reproduce your Developer Application and your integration of the Animus API Materials and (b) use your name, likeness, or brand (which includes all your trademarks, service marks, logos, brand names, or trade names) (“Your Marks”) to the extent it is incorporated into your Developer Application. Following the termination of this Agreement and upon written request from you, Animus shall make commercially reasonable efforts, as determined in its sole discretion, to remove references to your Develop Application and any of Your Marks from the Animus website.
You may be given access to certain information, data, materials, know-how, methodologies, documentation, and software relating to the Animus API Materials or the Animus Platform that is not generally known by the public (“Confidential Information”), which is confidential and proprietary to Animus. You agree to use the Confidential Information only for the purpose of using the Animus API Materials in accordance with this Agreement, and you agree to not disclose any of the Confidential Information to any third party without Animus’s prior written consent. You agree to protect the Confidential Information in the same manner that you would protect your own confidential and proprietary information but in no event using less than a reasonable degree of care.
10. Representation and Warranties
You represent and warrant to us that: (a) if you are a sole proprietor, you are at least 18 years of age or, if you are under 18 years of age, you’ve obtained and can evidence consent from your parent or legal guardian to your execution of this Agreement and use of the Animus API Materials and/or Animus Platform in the manner prescribed by Animus; (b) you are eligible to register and use the Animus API Materials and have the right, power, and ability to enter into and perform under this Agreement; (c) the information you submit as part of your registration is current, accurate, and complete; (d) you will not engage in any unfair, deceptive, or abusive acts or practices when utilizing the Animus API Materials or the Animus Platform or when you market or sell the Developer Application; (e) you will fulfill all of your obligations to each customer to which you provide the Developer Application and will resolve any customer dispute or complaint directly with your customer; (f) you and all transactions effected via the Animus API Materials or the Developer Application will comply with all state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations; g) you will not use the Animus API Materials, Animus Platform, Animus Data, or Developer Application, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner so as to interfere with the normal operation of the Animus Platform; (h) you have all rights, including all copyright, trademark and other intellectual property rights, in the Developer Applications necessary to offer the Developer Applications to end users and to grant the license to Animus in this Agreement; (i) you comply with and will continue to comply with all applicable privacy and data protection laws; and (i) you have implemented and will maintain appropriate technical and organisational security measures in accordance with the Service Terms and applicable law.
THE ANIMUS API MATERIALS, ANIMUS DATA, ANIMUS MARKS, AND ANIMUS PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND ANIMUS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
ANIMUS MAKES NO WARRANTY (i) THAT THE ANIMUS API MATERIALS WILL MEET YOUR REQUIREMENTS, OR THOSE OF YOUR DEVELOPER APPLICATION, (ii) THAT YOUR USE OF THE API WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND/OR (iii) THAT ANY ERRORS IN THE ANIMUS API MATERIALS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE ANIMUS API MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR OTHERS’ COMPUTER SYSTEM/NETWORK OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR THE USE OF THE API.
You will indemnify, defend, and hold harmless Animus, its affiliates, and their officers, directors, employees, agents, licensors, users and partners from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including, without limitation, reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (a) your use of the Animus API Materials, Animus Data, Animus Platform, or the Animus Marks other than as expressly allowed by this Agreement; (b) your breach or alleged breach of any of the terms, conditions and representations under this Agreement; (c) your Developer Applications or business; or (d) your gross negligence or willful misconduct. You will control the defense and settlement of any claim subject to indemnification by you hereunder, provided that Animus may at any time elect to take over control of the defense and settlement of any claim. You may not settle or compromise any such claim without Animus’s prior written consent.
12. Limitation of Liability
IN NO EVENT WILL ANIMUS OR ITS EMPLOYEES, AGENTS, USERS OR PARTNERS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE ANIMUS API MATERIALS, ANIMUS MARKS, ANIMUS DATA, OR ANIMUS PLATFORM, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
ANIMUS’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (i) THE FEES YOU PAID TO ANIMUS FOR USE OF THE ANIMUS API MATERIALS IN THE LAST YEAR OR (ii) ONE HUNDRED SEK(SEK100).
Equitable Remedies. You acknowledge that your breach of this Agreement may cause irreparable harm to Animus. Accordingly, you agree that, in addition to any other remedies to which Animus may be legally entitled, Animus shall have the right to seek immediate injunctive relief in the event of a breach of such sections by you or any of your officers, employees, consultants or other agents.
Where pursuant to Article 82(4) of the GDPR, either party is found to be liable for the entire damage arising from a breach or breaches of the GDPR relating to activities under the Service Terms, in order to ensure effective compensation of a one or more individuals, then the other party shall indemnify that party for that portion of the compensation attributable to any breaches of GDPR giving rise to the compensation for which it is responsible.
Developer acknowledges that the Animus Software, Applications and the Documentation may be subject to export control rules such as the Export Administration Act of the United States of America and/or other similar rules, and that it is the sole responsibility of Developer to make sure that export or re-export will be in accordance with said rules.
Animus reserves the right to unilaterally change, make additions, and in other ways amend the terms of this Agreement at any time. Animus shall notify the Developer, via the Animus online service, at Animus’ web site or by email to an email address submitted by the Developer, of such amendments of the terms of the Agreement. In case the Developer does not accept the terms of the amended Agreement, the Developer shall, within thirty (30) days from receipt of Animus’ notification of the changes, terminate the Agreement with immediate effect. A Developer that has not terminated the Agreement at the latest thirty (30) days from the date when Animus notified the Developer of the changes, shall be deemed to have accepted such changes. All other potential additions or amendments to this Agreement shall be made in writing and be duly signed by both parties.
The Developer shall not be entitled to transfer its rights or obligations according to this Agreement, without Animus’ written consent. Animus is entitled to transfer its rights and obligations according to this Agreement in its entirety.
Animus is entitled to employ subcontractors to perform its obligations pursuant to this Agreement. Animus is liable for its subcontractors.
This Agreement shall be governed by and construed in accordance with the laws of Sweden. Disputes arising out of or in connection with this Agreement shall be settled by the courts of law of Sweden, with the district court of Malmö (Sw. Malmö tingsrätt) being the court of first instance.
Notices to the Developer will be sent to the email address the Developer has submitted in the Agreement. Notices from the Developer to Animus may be sent via the headline “Contact” on Animus’ web site. Notices shall be deemed to have been received by Animus when Animus confirms receipt by a personal reference (not by auto reply).
If you have any questions regarding this Agreement, please email [email protected].