Health Graph API Policies

(Last revised January 10, 2014)

Introduction

The Health Graph® is an open platform that lets millions of people around the world track, measure and improve their health and fitness. The Health Graph API empowers our ecosystem partners to build valuable businesses around the information stored in, and flowing through the Health Graph. At the same time, we aim to strike a balance between encouraging innovative development while protecting the rights of users and partners.

By using the Health Graph API, you agree to abide by the terms and conditions set forth in these Health Graph API Policies and the Terms and Conditions governing all RunKeeper users.

Policies

I. Definitions

  • Health Graph applications: any application that uses the Health Graph API or data from RunKeeper, Health Graph, and other Health Graph applications.
  • Application: Health Graph API integration, or any other technical integration we have assigned an application identification number.
  • Basic account information: name, email, gender, birthday, location, athlete type, goal, and profile picture URL.
  • Health Graph Terms and Policies: the RunKeeper Terms and Conditions and the Health Graph API Policies.
  • User data you receive from the Health Graph or RunKeeper: any data or content (including any images, text, or other information or materials) you receive from us, that was provided by users to us, or was associated by us with a particular user.

II. Features and Functionality

  • You must not violate any law or the rights of any individual or entity, and must not expose FitnessKeeper, Inc., RunKeeper, Health Graph or Health Graph / RunKeeper users to harm or legal liability as determined by us in our sole discretion.
  • You must not circumvent (or claim to circumvent) the Health Graph API's special permissions restrictions.
  • You may use the Health Graph API solely for the purpose of internally creating end user applications that are interoperable with the FitnessKeeper Health Graph and certain resources on RunKeeper.com. You shall not use the Health Graph API to create (or facilitate the creation of) any product or service that is competitive (in any way) with the Health Graph API or any other Health Graph applications.
  • You must not duplicate functionality that is offered on RunKeeper apps or RunKeeper.com as a premium offering under RunKeeper Elite, and offer it to users who are not currently RunKeeper Elite subscribers.
  • You must not duplicate functionality that is offered in RunKeeper apps or on RunKeeper.com as a premium offering under RunKeeper FitnessClasses.
  • You must not differentiate between RunKeeper Elite users whose signing up for RunKeeper Elite resulted in a referral payment to you, and a RunKeeper Elite user whose signing up for RunKeeper Elite did not result in a referral payment to you.

III. Storing and Using Data You Receive From the Health Graph

  • You will only request the data you need to operate your application.
  • You will never request or store RunKeeper or Health Graph passwords.
  • You may cache data you receive through use of the Health Graph API in order to improve your application's user experience, but you should keep the data up to date.
  • Should a user disconnect from your application, you may continue to store previously cached data, unless the user requests (via mechanism we provide) that you delete such data. Upon such request, you shall delete the cached data of the disconnected user.
  • You will have a privacy policy that tells users what user data you are going to collect, use and how you will use, display, share, or transfer that data and you will include your privacy policy URL in your application.
  • A user's data can only be used in the context of the user's experience on your application.
  • You will not directly or indirectly transfer any data you receive from us, including user data, user profile data, fitness data, or Health Graph / RunKeeper User IDs, to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising or monetization related toolset, even if a user consents to such transfer or use. By 'indirectly,' we mean you cannot, for example, transfer data to a third party who then transfers the data to an ad network. By 'any data,' we mean all data obtained through use of the Health Graph API, including aggregate, anonymous or derivative data.
  • You will not sell, rent, or lease out any data (as identified above), without user’s express consent.
  • You will not include data you receive from us concerning a user in any advertising creative, even if a user consents to such use.
  • When you display data read from the Health Graph, you must respect a user’s RunKeeper privacy settings as it pertains to the information you are displaying.
  • You cannot use web scraping, web harvesting, or web data extraction methods to extract data from the Health Graph or RunKeeper.
  • You must not give your secret key to another party, unless that party is an agent acting on your behalf as an operator of your application, and you ensure that such agent complies with all of the terms and conditions of the Health Graph Terms and Policies.
  • You are responsible for all activities that occur under your account identifiers.
  • If you are acquired by or merge with a third party, you will promptly notify us of such acquisition or merger, and you or the third party can continue to use the Health Graph API and related user data in connection with your application, provided that you or the third party, as applicable, agree to abide by and continue to abide by all of the terms and conditions of the Health Graph Terms and Policies.
  • We reserve the right to terminate your use of the Health Graph API and require you to delete data you receive from the Health Graph API if you violate our terms.
  • As between FitnessKeeper and you, FitnessKeeper retains the sole and exclusive right, interest and title in and to Health Graph, including, without limitation, all data in Health Graph and other FitnessKeeper databases, other than data submitted to Health Graph and/or other FitnessKeeper databases by users of your Health Graph application through your use of the Health Graph API (“Your User Data”). By submitting Your User Data, or allowing or permitting Your User Data to be submitted, to Health Graph and/or other FitnessKeeper databases, You hereby do, and agree to, grant FitnessKeeper a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, publish, and perform (“Use”) Your User Data in connection with the Health Graph API, Health Graph, and/or RunKeeper and otherwise in connection with FitnessKeeper’s (and its successors’ and assigns’) businesses, so long as such Use is consistent with the FitnessKeeper privacy policy. You represent and warrant that you are fully authorized to grant the foregoing license.

IV. Compliance with Law; Prohibited Application Content

You agree to be fully responsible for your own conduct and content while using the Health Graph API, and for any consequences thereof. You agree to use the Health Graph API only for purposes that are legal, proper and in accordance with the Health Graph Terms and Policies. At all times, your application and your use of the Health Graph API will 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.

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 any third party, including intellectual property rights, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
  • Gambling, including without limitation, any online casino, sports books, bingo or poker;
  • Illegal activity and/or illegal contests, pyramid schemes, sweepstakes 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 Health Graph or RunKeeper from any means other than through the Health Graph API.

V. Application Integration Points

  • Users must always consent to any data being sent to their Health Graph/RunKeeper account on their behalf.
  • Users must always have knowledge and consent for each and every friend request and each and every acceptance of a friend.

VI. Health Graph & RunKeeper's Feature and Functionality Terms and Trademarks

  • You must not express or imply any affiliation or relationship with or endorsement by us.
  • You must not use or make derivative use of Health Graph or RunKeeper icons.
  • You must not use terms for Health Graph or RunKeeper features and functionality (e.g., FitnessReport, FitnessFeed, Keeper) in the name of your application, any corresponding URL, or your application's features and functionality, if such use could confuse users into thinking that the reference is to Health Graph or RunKeeper features or functionality of the same name.
  • You must not make use of Health Graph or RunKeeper trademarks, including but not limited to Health Graph, Health Graph LOGO, RunKeeper, RunKeeper LOGO, or any trademarks or terms confusingly similar to Health Graph or RunKeeper trademarks, in any way that may suggest that we are affiliated with, endorsed, or sponsor you or your application, unless specifically authorized by FitnessKeeper.
  • You must not use RunKeeper support forums, Health Graph developer forums, or our Facebook fan pages to promote your application, unless specifically authorized by FitnessKeeper.

VII. Enforcement

We reserve the right to take enforcement action against you, and any or all of your applications, if we determine in our sole judgment that you or your application violates the Health Graph Terms and Policies. Enforcement action can include disabling your application, restricting you and your application's access to Health Graph functionality or Special Permission APIs, terminating our agreements with you, pursuing legal action or any other action as we in our sole discretion deem appropriate.

VIII. Changes

We can change these Health Graph API Policies at any time as we deem necessary by posting a notice to our website at http://developer.runkeeper.com/healthgraph/api-policies. Your continued use of the Health Graph API constitutes acceptance of those changes. The most current version of the Health Graph API Policies will supersede all prior versions of these Health Graph API Policies. If any changes to the Health Graph API Policies are unacceptable to you, immediately discontinue your use of the Health Graph API.

IX. Disclaimer of Warranties

YOUR USE OF THE HEALTH GRAPH API IS AT YOUR SOLE RISK. THE HEALTH GRAPH API IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FITNESSKEEPER, INC. 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.

FITNESSKEEPER, INC. MAKES NO WARRANTY (i) THAT THE HEALTH GRAPH API WILL MEET YOUR REQUIREMENTS, (ii) THAT YOUR USE OF THE HEALTH GRAPH API WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND/OR (iii) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE HEALTH GRAPH API IS DONE 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 HEALTH GRAPH API.

X. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, FITNESSKEEPER, INC. SHALL NOT BE LIABLE TO YOU FOR ANY (i) 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 OR (ii) AGGREGATE DAMAGES IN EXCESS OF $10 (EVEN IF FITNESSKEEPER, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE HEALTH GRAPH API; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (c) ANY OTHER MATTER RELATING TO THE HEALTH GRAPH 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.

XI. INDEMNIFICATION

You agree to indemnify and hold harmless FitnessKeeper, Inc., 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 Health Graph API, violation of these Health Graph API Policies or the RunKeeper Terms and Conditions or any other actions connected with use of any Health Graph applications, 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. In such a case, FitnessKeeper, Inc. will provide you with written notice of such claim, suit or action.

XII. Miscellaneous Provisions

  • Termination. FitnessKeeper, Inc. may change, suspend or discontinue all or any aspect of the Health Graph API, including its availability, at any time, and may suspend or terminate your use of the Health Graph API at any time. FitnessKeeper, Inc. may terminate your access to the Health Graph API and your right to use it at any time, for any reason, or for no reason including, but not limited to, if you engage in any action that reflects poorly on FitnessKeeper, Inc. or otherwise disparages or devalues the FitnessKeeper trademarks or FitnessKeeper, Inc.'s reputation or goodwill. If you desire to terminate your agreement to comply with the Health Graph Terms and Policies, you must cease to use the Health Graph API.
  • Equitable Remedies. You acknowledge that your breach of these Health Graph Terms and Policies contained herein may cause irreparable harm to FitnessKeeper, Inc. Accordingly, you agree that, in addition to any other remedies to which FitnessKeeper, Inc. may be legally entitled, FitnessKeeper, Inc. 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.
  • Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. No waiver to this Agreement will be effective unless in writing and signed by the party against which enforcement is sought. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA without regard to the conflicts of laws provisions thereof. Exclusive jurisdiction and venue for any action arising under this Agreement is in the federal and state courts located in Massachusetts having jurisdiction over FitnessKeeper's principal office, and both parties hereby consent to such jurisdiction and venue for this purpose.