These Relive API Terms (the “API Terms” ) apply to each use made by you of the Relive Application Programming Interface (the “API”). Our API is intended to enable easy user data sharing between the service offered by Relive and your Application (as defined below). The service offered by Relive through the Relive app and website, which enables users among other things to track and relive their outdoor activities and share them with their followers (the “Service”). The End User Data (as defined below) used in the Service belongs to the user, and therefore the user may decide how the data is used and where it is stored.
Your application must comply with all relevant laws and we expect you to build responsible applications. When data is retrieved from Relive on behalf of a user, you are responsible for that data and we expect you to act accordingly. When you upload data to the API on behalf of a user, that means that the user has given Relive permission to process that data, and the use of that End User Data is fully governed by Relive’s relation to the user as data controller.
By using the API in any way, and by signing this agreement or clicking “I agree” during the registration process of your account for use of the API, you enter into an agreement with Relive for the use of the API ( “Agreement”) and you thereby accept being bound to these API Terms. These API Terms describe your rights and responsibilities when accessing the API. Please read them carefully.
"We", "our" and "us" refer to Relive B.V., and "you" and "your" refer to the individual, company or legal entity that you represent. You represent and warrant that you are fully authorized to enter into the Agreement on behalf of the company you represent.
1.1 Subject to the restrictions in the Agreement, Relive grants you a non-exclusive, non-transferable and non-licensable right to access our API only insofar as necessary to develop, test, support and maintain in production an integration of your application ( "Application" or "App" ) with the Service (the “License”). You may charge for your Application but you may not sell, rent, lease, sublicense or redistribute access to the API.
1.2 You may not:
1.3 You may not use automated systems, software or techniques such as webscraping to extract data from the API or Relive’s websites, other than as envisioned in these API Terms. If you require more End User Data from us, you may contact us to discuss. Relive is under no obligation to provide you with more End User Data.
1.4 Relive may monitor your use of the API.
1.5 Your Application must be transparent to the end user, and match end user expectations.
1.6 Your Application may not misrepresent Relive or the Service.
2.1 When using the API, you will process personal information as defined in the European General Data Protection Regulation (the “GDPR”) regarding an end user of Relive (hereinafter “End User Data”).
2.2 When you use the API to obtain End User Data from Relive, you will be the independent controller of that End User Data as defined in the GDPR. If you use the API to send End User Data to Relive, we will be the independent controller of that End User Data as defined in the GDPR.
2.3 You represent and warrant that you will comply with any applicable privacy laws and regulations, including but not limited to the GDPR. In particular, you represent and warrant that you:
2.5 You will ensure that end users have full control over the End User Data, including but not limited to the right to limit or discontinue data sharing via the API and:
each as described in chapter III of the GDPR.
3.1 The intellectual property rights, including but not limited to copyrights, database rights, domain names, trademark rights, patents and trade name rights as well as the rights to know-how, as valid anywhere in the world (the “Intellectual Property Rights”) in respect of the API and the Service are and will remain vested in Relive, its licensors or users. None of the provisions of these API Terms is intended to transfer any of the aforesaid Intellectual Property Rights to you. You will be solely entitled to the limited use of the Intellectual Property Rights as provided in these API Terms.
3.2 You shall refrain from performing any act which infringes on, prejudices or jeopardizes the Intellectual Property Rights of Relive or its licensors.
3.3 Without prejudice to the provisions of articles 3.1 and 3.2, you will retain all Intellectual Property Rights in respect of your Applications, provided that said Applications do not contain the API or any part of the Service or their code.
3.4 You understand and accept that Relive also designs applications independently of you which may be similar or identical to your Applications. Relive has the right to develop such applications without incurring any obligations or liability vis-à-vis you.
3.5 You may not remove or alter any proprietary notices or marks on the API.
4.1 Access to the API is obtained by means of authentication details such as your application’s “client secret”, and user tokens. You are responsible for safeguarding the authentication details.
4.2 You accept and acknowledge that you are at all times responsible and liable for any and all use of the API via your authentication details. You will indemnify us and hold us harmless against all damage and costs arising from and/or related to the access of the API by third parties via your authentication details.
4.3 You will contact Relive immediately if you believe any authentication details for your Application have been lost, used or accessed by a third party.
5.1 The Agreement will continue until it is terminated by either Party in accordance with the provisions of this article.
5.2 If you use the API to automatically synchronize User Data from your Application to Relive, you agree to notify us at least one month before terminating the agreement or disconnecting your Application from the API (giving Relive the opportunity to communicate changes to its users).
5.3 We may immediately (temporarily or permanently) suspend your access to the API at any time, and without notice to you if you breach these API Terms or otherwise engage in activities that we reasonably determine are likely to cause damage to Relive.
5.4 We will also be entitled to terminate or suspend the Agreement with immediate effect without stating reasons. Relive will aim to notify you in a timely manner should this occur. Relive will not be liable for any costs, expenses, or damages as a result of its termination of the Agreement.
5.5 Upon termination, you shall cease and desist from using the API.
6.1 Except as expressly provided for herein, the API and all related components and information are provided by us on an "as is" and "as available" basis without any warranties of any kind, and we expressly disclaim any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that we do not warrant that the API will be uninterrupted, timely, secure, or error-free.
6.2 Neither we nor you will be liable for any failure or delay in the performance of obligations on account of events beyond your or our reasonable control, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
6.3 We reserve the right to discontinue or change the API at any time. If we choose to do so, we will inform you in a timely manner.
7.1 The liability of Relive, whether based upon breach or tort, is limited to compensating direct damages, up to at most the amount of € 500 per event (a series of connected events considered one event). In no event shall Relive’s total and aggregate liability for direct damages exceed € 1.500.
7.2 "Direct damage" shall solely mean:
7.3 The liability of Relive for any other damages than mentioned in Article 7.1 and 7.2, including but not limited to consequential damage, consequential loss, lost profits, lost savings, loss of goodwill, damage through business interruptions, damage ensuing from claims by your customers, mutilation or loss of data, damage relating to the use of objects, materials or software of third parties prescribed by you, and damage relating to engagement of suppliers prescribed by you is fully excluded.
7.4 The limitations mentioned in the preceding paragraphs of this Article 7 shall not apply if and insofar as the damage or injury is the result of willful intent or gross negligence by Relive or its board of directors.
8.1 You will defend Relive and hold Relive harmless against any and all third party claims, actions, suits, proceedings, and demands arising from or related to your violation of the Agreement (a "Claim"), and will indemnify Relive for all reasonable attorney’s fees incurred and damages and other costs finally awarded against Relive in connection with or as a result of, and for amounts paid by Relive under a settlement you approve of in connection with, a Claim. We will provide you with prompt written notice of any Claim and allow you the right to assume the exclusive defense and control, and cooperate with any reasonable requests assisting your defense and settlement of such Claim.
9.1 Relive may use your Application and related marks and logos for the purpose of promoting Relive and your Application, subject to the standard trademark usage guidelines you may provide from time to time. However, Relive is under no obligation to do so.
9.2 You may use the Relive name and logo as a reference for marketing or promotional purposes on your website and in other private and public communications, subject to the standard branding guidelines which we may provide from time to time.
10.1 Stipulations varying from these API Terms will be valid only if they have been explicitly agreed in writing. In addition to observing the provisions of these API Terms, you shall also comply with specifications and obligations in respect of the API, which Relive will post on the Website from time to time.
10.2 Relive will at all times be entitled to amend or supplement these API Terms. The most recent version of the API Terms will be available on the Website. By continuing to use the API after an amendment or supplement to these API Terms, you unconditionally accept the amended or supplemented API Terms. If you do not accept the amended or supplemented API Terms, your only option is to cease any and all use of the API.
11.1 The Agreement will be governed exclusively by Dutch law. Any disputes arising out of or related to the Agreement will be settled by the competent court in Rotterdam, The Netherlands.
11.2. The parties are independent contractors. The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to the Agreement.
11.3 All notices under the Agreement will be by email. Notices to Relive will be sent to email@example.com. Notices will be deemed to have been duly given the day after they are sent, in the case of notices through email.
11.4 Any section which is intended to survive the termination of the Agreement, including sections 6 through 8, will survive any termination or expiration of the Agreement.
11.5 No failure or delay by either party in exercising any right under the Agreement will constitute a waiver of that right. No waiver under the Agreement will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
11.6 If any provision of the Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Agreement will remain in effect.
11.7 Neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the Agreement in its entirety, without consent of the other party, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any purported assignment in violation of this section is void. A party’s sole remedy for any purported assignment by the other party in breach of this section will be, at the non-assigning party’s election, termination of the Agreement upon written notice to the assigning party. Subject to the foregoing, the Agreement will be binding to the parties, their respective successors and permitted assigns.
11.8 The Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.