1. Relationship between you and Withings
- To be of age and aware of legal regulations or to have the signing authority;
- That you have the right to access and use the API;
We advise you to frequently consult the Withings Services Terms and Conditions and to save the latter version on durable media.
4. Use of the API
You shall use the API in accordance with these Conditions. Any other use requires Withings express and prior agreement. By using the API, you shall not:
- Make any use of the API in contradiction with any law or regulations, third party rights such as Intellectual Property rights, Privacy, etc.;
- Act in any manner that shall create any prejudice to Withings, its affiliate, partners or any user of our Applications, Products and Services;
- Fraudulently introduce any data in the API or through the API;
- Fraudulently introduce any data in the Application or on Withings’ data server;
- To interfere, obstruct, distort the proper working of the API or to use the API in any manner which can conflict with any Rights of third parties or Withings;
- Undertake any action and/or use any method allowing data to be retrieved from Withings servers, including Data scraping, data harvesting, Web crawling from the API or our database enabling any direct or indirect migration and/or duplication of a significant portion of the data and services accessible from the API;
- Introduce in the API any identifying data that a health professional such as a doctor happened to see by any direct or indirect mean;
- To probe, scan, and technically analyse the API;
- To test the vulnerability, the performance and functionality of the API for reasons other than the ones strictly necessary to use the API;
- To breach of any security measures implemented on the API by Withings;
- To use any illegitimate means to breach any authentication method, implemented by Withings in order to enable connection by the user to the Application and/or to the purchasing module;
- To access and to maintain yourself into any section of the API that is not specifically accessible to you by the usual use of the API.
We may, at any time, for a limited period or not, stop allowing you to use the API in accordance with the following provision.
5. Connection and identification
Your identification through a personal account is requested before any use of the API. Such access will generate a token. This account may be used by a single person or by a single company. In case of use of our products or services by a corporation, each entity (subsidiary, branch, extension, etc) must possess its own account regardless of the degree of incorporation or control. Any information that are provided to us must reflect the reality.
You acknowledge that we may carry out all necessary checks and inspections about such information. However, we do not warrant that information provided to us are error free and/or up to date. We shall not be liable for any false information provided to us.
Should you create an account, you are requested to follow a set of requirements in order to avoid that a third party will have access to your account. Therefore, you have to verify that your password is sufficiently secured (composed with enough characters, mixed cases, and varied alphanumerical characters, etc.), disconnect your session when leaving from the Site. Access to your account and/or any other means at your disposal to get connected to the API is made under your own liability. You must not grant any access to your account to a third party.
You must notify us immediately if you are aware of, or suspect, any forbidden connection to our API through your account by a third party. In such circumstances, you shall make all reasonable efforts to end this access. If requested we may grant you a new access allowing you to continue using the API.
6. Intellectual Property
When you connect yourself to the API and when using it, we, or through any third party designated for this purpose, grant you a worldwide personal, non-transferable, non-assignable, non-sub licensable license, non-exclusive, strictly limited to the purpose of this agreement and to the country from which you connect yourself to the API.
This licence is granted to you for a period strictly necessary to your use of the API and we may revoke it at any time.
7. Duration – Termination – Free of charge
You can use our API free of charge. However implementation entails cost for Withings. This is why we can establish limits and restrictions on the use of the API. Upon your request, we will communicate you such limits and restrictions.
If your usage exceeds or is contrary to these limitations and restrictions, we may ask you to participate in the costs. If such event occurs, we will communicate you the exceeded limitations and restrictions and the cost attached to it before charging any cost.
If, on the expiry of a period of thirty (30) days, you did not comply with the restrictions and limitations provided or if you do not agree within the same period to the financial requirements attached to you access of our API, we reserve the rights to withdraw your access to our API.
As well, we may withdraw your access to the API if you make any use of the API in contradiction with any law or regulations, third party rights, if the use you make of the API may endanger the proper operation of the API or in case of any suspicion of connection to our API through your account by a third party.
Any party may terminate this Agreement by any means subject to a minimum thirty (30) days’ prior notice. As such, this Conditions does not guarantee you any permanent and unlimited access to the API.
8. Use of Withings Trademarks and pictures of our Products
You must accept the following restriction in accordance to use the Authorized Content:
- You shall not distort any Authorized Content, including through cropped or incomplete quotation and you shall meet any presentation standard attached to the Authorised Content;
- We may, for any reason and at any time and without prejudice for you, request and obtain withdrawal of all or part of the Authorised Content no later than twenty four (24) hours from our request of withdrawal;
- By using the Authorized Content, you shall not suggest any kind of relationship, other than the one provided by the Conditions, between you and Withings. Any use of the Authorized Content shall not create any confusion between Writings’ Products and Services and your media, products and services. As such, without this list being exhaustive, you shall not use all or part of the Authorised Content as a name of a mobile applications, a social network page, or for any presentation when the Authorised Content is the main element, domain name etc.;
- You may use the following statement “[Name of your Application] is connected to Withings’ API. Withings does not endorse [Name of your Application]”.
9. Use of your Trademarks
By using the API, you grant Withings a worldwide, free of charge, right to use on its Websites and/or Application, your Trademarks and to implement hypertext links to your Website so that users will be informed of the ability they have to share their data. Any other use may request your express and prior agreement.
10. Data Protection
When using our Website, creating an account or using our API, we can collect and record, personal data. Shall be considered as a Personal data (hereinafter “Personal Data”) any information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. Any collection and proceeding of personal data must be carried out with your prior and freely given consent.
We grant you the right of access to and the right to rectify any data concerning You by contacting our customer service department or:
By Mail: Withings – 2 rue Maurice Hartmann, 92130 Issy-les-Moulineaux, FRANCE
By email: firstname.lastname@example.org.
You can also object, at any time on compelling legitimate grounds relating to your particular situation, to the processing of data related to you.
The following applies to :
- The Website
- The Applications
- Hosting services
- The API
- Any improvements of the above.
The following does not apply to :
- The Products
Unless required by any mandatory legal provision, the Website, the Applications, Hosting services, the API and improvements of the above (hereinafter the “Elements”) are provided on an “AS IS” and “AS AVAILABLE” basis. WITHINGS MAKES, AND USER RECEIVES, IN CONNECTION WITH THE ELEMENTS NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE ELEMENTS, OR ANY CONTENT SERVICE OR FEATURE OF THEME, INCLUDING ANY INFORMATION AND DOCUMENTS DOWLOADED BY YOU ARE FREE OF ERROR OR DEFECTS, OR THAT THE AFOREMENTIONED WILL BE CORRECTED.
WITHINGS DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE DIRECTLY OR INDIRECTLY SUFFERED BY YOU, IN CONNECTION WITH OR RELATED TO YOUR USE OF ANY ELEMENTS. YOU MUST ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ELEMENT. YOUR SOLE REMEDY AGAINST WITHINGS FOR ANY INSATISFACTION OR DECEPTION WITH ALL OR PART OF THE ELEMENT OR ANY CONTENT DIRECTLY OR INDIRECTLY LINKED TO IT IS TO STOP USING THE ELEMENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES WITHOUT WHICH THE PARTIES WOULD NOT HAVE ENTERED INTO AN AGREEMENT.
Any information attached to the intended use of the API, operating procedures, functionality, and developments related to the API, disclosed and transmitted in any manner by a party to the other are confidential. Party shall not (1) make any use whatsoever at any time of the information unless deemed strictly necessary for the fulfilment of the Purpose (2) Not to copy the Information unless it is strictly necessary for the accomplishment of the Purpose (3) Not to disclose any such Information or any information derived therefrom to any third person except with the Prior and formal consent of the Disclosing Party (4) To inform the Disclosing Party within the shortest possible delay of any breach or suspected breach of these provisions. The hereinabove provision does not apply to information that was or became known to the public without breach of this section.
13. General provisions
a. Scope of the Agreement
If any provision of the Conditions is held invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part or provision will be deemed as unwritten.
Any failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
d. Extension of provision :
Any provision of this Conditions which by its nature shall be extended beyond the termination date, shall be deemed until its fulfilment by the Parties.
e. Evidence – Electronic communication
Any notification and communication between Withings and you can be realised by any electronic means of communication such as emails. You hereby grant us your express consent for sending you by electronic means of communication any notification through your Withings Account.
f. Governing law – Dispute resolution
The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitration will be conducted on an individual basis – class arbitrations and class actions are not permitted -, in the hometown area of the consumer, using the English language, by one arbitrator who shall be selected from the appropriate list of JAMS arbitrators.
Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Updated on 07 May 2015.