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Nolio API Terms of Use

This translation is provided for information purposes only. In the event of any discrepancy between this English translation and the original French version, the French version shall prevail.

Standalone document, separate from the General Terms of Use and the Privacy Policy.

Version 1.0, effective as of the release of version 2 of the API.

1. PURPOSE, PARTIES AND ACCEPTANCE

1.1 These terms (the “API Terms”) govern access to and use of the application programming interface, the authorisation services, the webhooks and the related documentation made available by the company NOLIO (together, the “API”), in all its versions, including versions 1 and 2, as well as the MCP Server. Unless otherwise provided, what is stated of the API applies to the MCP Server.

1.2 The API Terms bind any natural or legal person who uses the API or the MCP Server, directly or through a Third-Party Application, who creates or holds credentials for access to the API, or who operates a Third-Party Application (the “Developer”), whether or not that person develops software, including where that person is also a User of the Service. They apply to the use of the API and in no way restrict the right of any User to access their own data, to extract it or to obtain its portability, in particular under Article 20 of Regulation (EU) 2016/679.

1.3 The API Terms are accepted:

a) in the case of the holder of a Developer Account or a Personal Key: the address of the API Terms is brought to their attention on the page of the Service from which they create their Third-Party Application or their Personal Key; the creation of either of these, or failing that the first call to the API, constitutes acceptance of the API Terms. NOLIO retains each version of the API Terms and its effective date;

b) by conduct, in the case of an Unverified Client: the address of the API Terms is published in the authorisation server metadata and on the consent screen; any authorisation request or any call to the API issued by such a client constitutes acceptance of the API Terms by the person who operates it, namely the publisher of the metadata document designated by that client’s identifier. NOLIO may in addition obtain the express acceptance of that operator by any means.

1.4 NOLIO may amend the API Terms. The Developer is informed thereof in accordance with Article 17.7, with thirty days’ notice, reduced to zero where a legal, security or contractual constraint so requires. Continued use of the API after a new version takes effect constitutes acceptance of that version.

1.5 Where the Developer is a natural person acting for purposes outside the scope of their professional activity, the mandatory provisions of the French Consumer Code prevail over any contrary provision of the API Terms, without affecting the other provisions.

1.6 A Developer who is also a User remains subject to the General Terms of Use for the use of the Service. In the event of any conflict concerning the use of the API, the API Terms prevail.

1.7 Articles 7, 8.2, 10.5, 10.6 and 13.3 do not apply to the Sports Data belonging to the person who accesses the API or the MCP Server.

1.8 Access to the API and to the MCP Server is a facility granted by NOLIO at its discretion, not a right. NOLIO may refuse, restrict, suspend or terminate it at any time, without having to give reasons and without compensation, subject only to the notice periods expressly provided for in the API Terms.

2. DEFINITIONS

The terms User, Coach, Club, Athlete, Link, Service, Site and Portal have the meaning given to them in the General Terms of Use. In addition:

Third-Party Application: any software, service, automated agent, assistant based on a language model or processing operation, in whatever form, that accesses the API. This term is distinct from the “Application” within the meaning of the General Terms of Use, which refers to the Site.

Developer Account: the account opened with NOLIO for the purpose of obtaining credentials for access to the API, containing the identity of the Developer, where applicable their company, and the declared purpose.

Personal Application: a Third-Party Application attached to the Developer Account and operating on behalf of its holder and, within the limit on the number of synchronised users set by NOLIO, of Users who are Linked to the holder.

Partner Application: a Third-Party Application expressly authorised by NOLIO to operate on behalf of several User accounts.

Unverified Client: an OAuth client registered automatically with the API, without a Developer Account, in particular through the client identifier metadata document mechanism. An Unverified Client is not a Partner Application.

Personal Key: a personal access credential attached to a single User account, distinct from the credentials of the OAuth 2.0 protocol.

MCP Server: the NOLIO service that exposes the API to assistants based on a language model in accordance with the Model Context Protocol.

Sports Data: any data accessible through the API and relating to a User, including training, competition, planning, messaging, library, profile, settings and billing data.

Sensitive Data: Sports Data falling within the special categories referred to in Article 9 of Regulation (EU) 2016/679, including heart rate, heart rate variability, sleep, weight and body composition, and menstrual cycle data, as well as notes relating to injury, illness or discomfort.

Connector Data: Sports Data originating from a connected device or a third-party service linked to a User’s account.

Special Terms: any separate written agreement entered into between NOLIO and a Developer, setting out in particular the financial, volume or service level terms applicable to a Partner Application or to a partnership.

3. DEVELOPER ACCOUNT AND ACCESS REGIMES

3.1 Developer Account. Except in the case provided for in Article 3.5, access to the API requires the opening of a Developer Account. The Developer provides accurate, complete and up-to-date information about their identity, their company where applicable and the purpose pursued. NOLIO approves the opening of the account at its discretion. A Developer who is a natural person represents that they are of legal age and have full legal capacity. Any inaccuracy or omission authorises immediate suspension.

3.2 Personal Application. The Personal Application is available to the Developer as soon as their Developer Account is approved. Its use is conditional upon its holder having an active paid subscription to the Service, under the plans designated by NOLIO. Access is suspended automatically, without notice or compensation, in the event of expiry, termination or suspension of that subscription, and is restored upon its resumption. The Personal Application may operate only on behalf of its holder and of the Users who are Linked to the holder, within the limits set by NOLIO.

3.3 Partner Application. A Partner Application is created in a blocked state. Its activation is conditional upon the prior, express and discretionary authorisation of NOLIO, and upon subscription to the API access plan offered by NOLIO, the financial terms of which are identical for all Developers (Article 16). NOLIO may, by way of exception and at its sole discretion, grant activation free of charge to equipment manufacturers and service publishers whose integration supplies the Service with Sports Data or extends its use (the “Connectors”). Such an exception creates no vested right and may be withdrawn with three months’ notice. The main purpose of a Partner Application is to extend or improve the experience of Users of the Service; NOLIO may refuse to activate a Third-Party Application that brings no value to Users, or withdraw its activation with thirty days’ notice where its purpose departs from that aim.

3.4 Prior declaration. The request for activation of a Partner Application includes a declaration, which forms an integral part of the API Terms, covering:

a) the purpose of the Third-Party Application and a description of the service provided to Users;

b) the categories of Sports Data processed and, if Sensitive Data is processed, the justification of its necessity;

c) the place where the data is processed and hosted, and the sub-processors, who access the Sports Data only to the extent strictly necessary for the service, are bound in writing, do not reuse the data for their own account and comply with Article 10.2;

d) the identity of the controller;

e) the use of any artificial intelligence model or platform to process the Sports Data, and the identity of its provider.

Any change to these items is notified to NOLIO before it is implemented. An inaccurate declaration authorises immediate suspension.

3.5 Unverified Clients. NOLIO tolerates, at its sole discretion and without obligation, the automatic registration of OAuth clients by Third-Party Applications that do not have a Developer Account. Such clients are subject to the API Terms by conduct in accordance with Article 1.3 b), are granted reduced permissions by default, and may be revoked at any time without notice or reason. Such tolerance does not constitute an authorisation within the meaning of Article 3.3.

3.6 The Developer does not circumvent, or attempt to circumvent, the volume limits, permissions, user caps and subscription conditions attached to their access regime.

3.7 Testing. The Developer tests their Third-Party Application exclusively on their own Sports Data or on test accounts they create for that purpose, and never on the Sports Data of real Users without their express consent. NOLIO provides no test environment and is under no obligation to do so.

3.8 Verification. NOLIO may, at any time, request the holder of a Partner Application to complete a questionnaire on compliance with the API Terms and to provide the corresponding supporting documents, including its privacy policy, its record of processing activities, the description of its security measures and its deletion logs. The Developer responds within fifteen days. Failure to respond or an insufficient response authorises suspension in accordance with Article 15.

4. PERSONAL KEYS AND SERVICES OPERATED ON BEHALF OF THIRD PARTIES

4.1 The Personal Key is personal to its holder. It grants access to the data to which the attached account itself has access, including, in the case of a Coach or a Club, the Sports Data of the Athletes who are Linked to it.

4.2 Any Third-Party Application operating on behalf of Users beyond the limits of the Personal Application set out in Article 3.2 must be a Partner Application authorised in accordance with Article 3.3 and must use the OAuth 2.0 protocol.

4.3 It is prohibited to solicit, collect, retain or use the Personal Keys of third-party Users in order to operate a service, even where each of those Users has individually consented thereto. A User’s consent does not exempt from the authorisation regime of Article 3.3.

4.4 The holder of a Personal Key remains liable, towards NOLIO and towards the Users who are Linked to them, for any use made of that key, including by any tool, service or assistant to which they disclose it. They ensure that such use complies with the API Terms and, as regards the Sports Data of third parties, rests on a lawful basis in accordance with Article 9.3.

4.5 The Developer implements state-of-the-art security measures to protect the access credentials in their custody, does not embed them in any distributed code or exposed interface, and notifies NOLIO without delay of any actual or suspected compromise.

5. PERMISSIONS AND PURPOSE

5.1 Access is limited to the permissions expressly granted by the User or by NOLIO, and to the declared purpose. The Developer requests only the permissions strictly necessary for the service provided.

5.2 NOLIO may reduce the permissions of a Third-Party Application with immediate effect in the event of a breach, a risk to the security or integrity of the Service, or a legal or contractual obligation. Any other reduction of a permission, and any removal of a permission for all Third-Party Applications, is subject to the notice provided for in Article 12.3.

5.3 Any use outside the declared purpose requires a prior declaration in accordance with Article 3.4.

6. USE RESTRICTIONS

6.1 The Developer shall not use the API, its documentation or the Sports Data to design or develop a product or service intended to replace the Service, or reproducing the substantial functionalities of the Service on the basis of the API. This provision does not prevent the integration with the Service of a pre-existing product or service, including where it offers comparable functionalities. The Developer further shall not resell access to the API, offer it on a white-label basis or under their own brand, or use the API or the Sports Data to supply or enrich a service competing with the Service. This last prohibition applies neither to Connectors benefiting from the exception provided for in Article 3.3, nor to a Developer authorised to do so in writing by NOLIO or by Special Terms, and is without prejudice to each User’s right to the portability of their own data.

6.2 The Developer shall not reproduce the visual identity, presentation or distinctive features of the Service, or create confusion as to the origin of their Third-Party Application or as to the existence of a connection with NOLIO.

6.3 The Developer shall not access the API for the purpose of assessing the availability, performance or operation of the Service for comparative, competitive analysis or publication purposes, without the prior written consent of NOLIO.

6.4 The Developer shall not, through the API, carry out the systematic and substantial extraction or reuse of content forming part of the Service’s database, within the meaning of Articles L. 342-1 et seq. of the French Intellectual Property Code.

6.5 The Developer shall not use the API to send unsolicited communications, to solicit Users with a view to their migration to a service competing with the Service, to collect Sports Data for advertising purposes, or to sell, rent or transfer Sports Data to third parties.

6.6 The Developer shall not make any attempt at unauthorised access, carry out any penetration or load testing, or take any action likely to impair the operation of the API or the Service, without the prior written consent of NOLIO.

6.7 The Developer operates their Third-Party Application in compliance with applicable laws and regulations and bears sole responsibility for the obligations incumbent upon them towards their own users.

6.8 The terms that the Developer imposes on the users of their Third-Party Application do not conflict with the API Terms. They exclude any warranty from NOLIO towards those users and exclude NOLIO’s liability for any damage resulting from the use of the Third-Party Application.

6.9 No redistribution. The Developer shall not make the Sports Data, in whole or in part, including in derived or aggregated form, available to third parties by means of their own application programming interface, outgoing notifications, an MCP server, a feed, an automated export or any other mechanism allowing a third party to access it programmatically, without the prior written consent of NOLIO. This prohibition prevents neither the display of the Sports Data in the Third-Party Application, nor its communication to sub-processors meeting the conditions of Article 3.4 c), nor the export by a User of their own data.

6.10 Protection of Coaches. The Developer shall not use the API, the MCP Server or the Sports Data to compete with the Coaches and Clubs using the Service, in particular by soliciting Athletes Linked to another Coach or Club, by offering them a competing training service, or by exploiting the plans, workouts, templates, exercises and other content of a Coach for the benefit of any person other than that Coach.

7. DATA RETENTION AND DELETION

7.1 The Developer retains on a lasting basis only the Sports Data whose storage is required by the declared purpose. Transient copies, including any cache, are limited to seven days. Technical logs do not contain Sports Data beyond what is necessary for security and diagnostics. Backups are purged according to their normal cycle, not exceeding ninety days, and are never restored in order to recover deleted Sports Data.

7.2 The Developer permanently deletes all Sports Data relating to a User within thirty days of the first of the following events: revocation of the authorisation by that User, termination of the Link between that User and the holder of the Third-Party Application, deletion of the User’s account, termination of the Third-Party Application’s right of access, discontinuation of the Third-Party Application, or termination of the API Terms. The renewal, rotation or expiry of an access credential without withdrawal of the authorisation does not constitute a termination of the right of access. NOLIO notifies the Developer, by outgoing notification or through a documented reconciliation mechanism, of the revocation of an authorisation, the termination of a Link and the deletion of an account.

7.3 At NOLIO’s request, the Developer certifies in writing, within fifteen days, that the obligations of this article have been performed. Failure to respond or an insufficient response authorises NOLIO to suspend access in accordance with Article 15.

7.4 In the case of a Personal Application, Articles 7.1 and 7.2 apply to the Sports Data of the Users Linked to its holder. The holder’s own Sports Data is not concerned.

7.5 Upon an express deletion request from a User, sent directly or through NOLIO, or from NOLIO itself, the Developer deletes the Sports Data concerned within seventy-two hours, without waiting for the expiry of the period provided for in Article 7.2.

8. ANALYTICS, AGGREGATES AND AUTOMATED PROCESSING

8.1 The Developer shall not process or disclose the Sports Data for the purposes of market analysis, generating customer insights, or improving products or services other than the declared purpose.

8.2 The Developer shall not use the Sports Data for the training, retraining, fine-tuning, evaluation or development of any artificial intelligence or machine learning model. The use of such a model to provide the User with the service they have requested is not covered by this prohibition, provided that the Sports Data is not used for the training or improvement of that model, by the Developer or by its provider. Where the Developer uses an artificial intelligence model or platform provided by a third party, that third party is a sub-processor within the meaning of Article 3.4 c); the Developer ensures that it is bound by written terms at least as protective as this article, in particular as regards the training prohibition, and provides evidence thereof at NOLIO’s request.

8.3 The Developer shall not cross-reference the Sports Data with data from other sources for the purposes of re-identification, profiling or inference of characteristics not provided by the User, except for the service provided to that User and with prior notice to that User.

8.4 The Developer is solely responsible for the recommendations, analyses, plans and other content generated by their Third-Party Application, or by any model it uses, on the basis of the Sports Data. NOLIO guarantees neither their accuracy nor their safety and assumes no liability for them.

8.5 Data obtained through the MCP Server may appear in the conversation history that the Third-Party Application retains for the User, under the Third-Party Application’s own terms. Such data is not copied into persistent storage separate from that history, nor aggregated into a derived database or dataset, nor used for the training or improvement of a model, whatever the access regime of the Third-Party Application. The restrictions provided for in Article 11.2 apply to data served by the MCP Server.

9. SENSITIVE DATA AND MINORS

9.1 The Developer acknowledges that the Sports Data includes Sensitive Data and may relate to Users who are minors.

9.2 The processing of Sensitive Data by a Partner Application is subject to the declaration provided for in Article 3.4 b). NOLIO may refuse it, restrict it or make it subject to additional conditions.

9.3 The holder of a Personal Application who processes Sensitive Data of Linked Users ensures that such processing rests on a legal basis under Article 6 and on an exception under Article 9 of Regulation (EU) 2016/679, the explicit consent of the User being only one of those exceptions. They inform those Users of the recipients and purposes, obtain the required authorisations and retain proof thereof. The technical authorisation they grant to a Third-Party Application is not, on its own, sufficient to establish the lawfulness of the processing.

9.4 The Developer applies to Sensitive Data enhanced security measures proportionate to the risk, including encryption in transit and at rest, access segregation and logging. The Developer shall not disclose such data to any third parties other than sub-processors meeting the conditions of Article 3.4 c), use it for advertising or insurance purposes, or carry out any profiling unrelated to training monitoring.

9.5 With regard to Users who are minors, the Developer shall not carry out any solicitation or any profiling for purposes other than training monitoring, in particular for commercial, advertising or insurance purposes, and acts without delay upon any deletion request from the holder of parental authority, made directly or through NOLIO.

10. PERSONAL DATA PROTECTION

10.1 Qualification. For the processing operations it carries out on the basis of the Sports Data, the Developer acts, unless a different qualification results from the processing concerned, as a controller separate from and independent of NOLIO. It bears sole responsibility for the corresponding obligations, including informing data subjects, maintaining the record of processing activities, security and responding to requests to exercise rights. Where the Developer processes Sports Data on behalf of a Coach or a Club as a processor, the contract referred to in Article 28 of Regulation (EU) 2016/679 is entered into between them, without NOLIO being a party thereto.

10.2 Transfers outside the European Union. A Developer who processes or hosts Sports Data outside the European Economic Area declares this, in accordance with Article 3.4 c) where that article applies, and implements, at its own expense, the appropriate transfer instrument under Chapter V of Regulation (EU) 2016/679, including the standard contractual clauses, the transfer impact assessment and the required supplementary measures. The API Terms do not relieve NOLIO of any obligation incumbent upon it as exporter; the parties cooperate in putting the required instrument in place. NOLIO may refuse or restrict access by any Third-Party Application whose place of processing does not appear to it to offer sufficient safeguards.

10.3 Data breach. The Developer notifies NOLIO of any personal data breach affecting Sports Data within twenty-four hours of its discovery, with the information necessary to assess its severity, and cooperates in its management.

10.4 Exercise of rights. The Developer acts upon requests to exercise rights addressed to it, directly or through NOLIO, within the statutory time limits, and informs NOLIO where the request concerns data obtained through the API.

10.5 Privacy policy. The Developer publishes a privacy policy accessible from its Third-Party Application and before any authorisation is given by a User. It accurately describes the processing carried out on the Sports Data, states that the data originates from the Service, and specifies how the authorisation may be withdrawn.

10.6 Artificial intelligence transparency. Where the Third-Party Application submits Sports Data to an artificial intelligence model or platform, its privacy policy includes a prominent statement specifying the nature and purpose of that processing and the identity of the model provider. The Developer obtains the User’s explicit consent before any processing of that nature, allows the User to withdraw it at any time as easily as it was given, and updates that statement in line with changes in regulation and with the obligations notified under Article 11.3. This article does not apply to the own Sports Data of the holder of a Personal Application; it applies to the Sports Data of the Users who are Linked to the holder. With regard to an Unverified Client accessing through the MCP Server, the statement and the collection of consent are provided by NOLIO, in its own privacy policy and on the consent screen.

10.7 NOLIO may inform the Users Linked to the holder of a Third-Party Application of the connection of that application, of the permissions granted and of the identity of the Developer. Such information constitutes neither an endorsement of the Third-Party Application nor a commitment by NOLIO.

11. CONNECTOR DATA

11.1 The Developer acknowledges that Connector Data remains subject to the terms of the provider from which it originates, which may restrict its communication to third parties, its retention, its display or its reuse.

11.2 NOLIO may restrict, suspend or remove access to all or part of the Connector Data in order to meet its own obligations towards those providers, including according to the access channel, the identity of the caller or the declared purpose of the Third-Party Application. An item of Connector Data so restricted may be returned without its content, accompanied by a restriction marker. Such a restriction gives rise to no right to compensation.

11.3 NOLIO may notify the Developer of specific obligations applicable to certain Connector Data, including the attribution to the original provider that the Third-Party Application displays when it presents such data, in accordance with the guidelines communicated by NOLIO. The guidelines in force are set out in the annex to the API Terms and are updated in accordance with Article 17.7. Compliance with them is a condition for continued access.

11.4 Attribution of Garmin-sourced data. The API identifies Connector Data originating from Garmin Connect and, where known, the model of the device that produced it. Where the Third-Party Application presents such data, or information derived from it in whole or in part, including calculations, aggregates and content generated by an artificial intelligence model, it displays an attribution to Garmin in accordance with the Garmin API Brand Guidelines in force and with the guidelines communicated by NOLIO under Article 11.3. Where it transmits such data to a third party in the cases permitted by Article 6.9, it retains that attribution and requires the recipient to retain it. The Developer neither removes nor alters the indications of origin provided by the API. This article applies, with the adaptations notified by NOLIO, to the Connector Data of any other provider requiring attribution.

12. QUOTAS, AVAILABILITY AND EVOLUTION OF THE API

12.1 Access is subject to hourly and daily volume limits, brought to the attention of the Developer and subject to change by NOLIO.

12.2 Unless otherwise provided in Special Terms, the API is provided without any availability or service level commitment.

12.3 NOLIO may change the API, including by modifying or removing endpoints, fields, formats or permissions. Changes that break compatibility are subject to notice, which NOLIO endeavours to extend to three months and which may not be less than thirty days, except where a security, legal or contractual constraint requires a shorter period.

12.4 No provision of the API Terms confers on the Developer any vested right to the continued availability of a functionality, a field, a data format or a version of the API.

12.5 Webhooks. A Developer who receives outgoing notifications exposes a receiving endpoint secured by TLS, verifies the signature of each notification, and processes the data received in accordance with the API Terms. Notifications are sent on a best-efforts basis, with no guarantee of timeliness or completeness; the Developer ensures the consistency of its data by querying the API. NOLIO may disable notifications to any failing or unsecured receiving endpoint.

12.6 Support. NOLIO provides technical support on a best-efforts basis, through the channel indicated in the documentation, without any commitment as to response or resolution time, unless otherwise provided in Special Terms.

13. INTELLECTUAL PROPERTY

13.1 The API, its documentation, its schemas, its trademarks and its distinctive features remain the exclusive property of NOLIO. The Developer is granted a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable licence to use the API solely for the purpose of operating its Third-Party Application in accordance with the API Terms.

13.2 Content created by Users and accessible through the API, including plans, workouts, exercises, notes and messages, remains the property of its authors. The Developer acquires no right to reproduce, publish, distribute, sell or exploit such content beyond the service provided to the User concerned. Content acquired on the NOLIO Portal may not be extracted, redistributed or resold through a Third-Party Application.

13.3 Mandatory notice. Any Third-Party Application accessible to persons other than its holder displays legibly, at every place where it presents Sports Data obtained through the API, the notice prescribed by NOLIO (“Compatible with Nolio”, or its equivalent in the language of the Third-Party Application). Where this notice appears on a publicly accessible web page, it takes the form of an active hyperlink to https://www.nolio.io, without any attribute preventing search engines from following it. A Personal Application reserved for the use of its holder and an Unverified Client are not subject to this display obligation.

13.4 Naming rules and media kit. The Developer refers to the compatibility of its Third-Party Application with the Service exclusively by means of the prescribed notice and the graphic elements of the NOLIO media kit (https://www.nolio.io/en/media-kit/), without alteration. The Developer shall not incorporate the name or trademarks of NOLIO into the name, domain name, identifier or logo of its Third-Party Application, nor use any statement implying a partnership, sponsorship or endorsement by NOLIO without its prior written consent. NOLIO may change the prescribed notice and the media kit; the Developer complies with such changes within three months.

13.5 NOLIO may publicly mention the existence of an authorised Partner Application, including in an integrations directory, unless the Developer objects in writing.

13.6 The Developer grants NOLIO, free of charge and irrevocably, the right to freely use any suggestion, comment or improvement it communicates to NOLIO concerning the API.

14. WARRANTIES, LIABILITY AND INDEMNIFICATION

14.1 The API is provided as is. NOLIO does not warrant its fitness for a particular purpose, nor the accuracy or completeness of the Sports Data, which is entered by Users or transmitted by third-party providers. The API is not designed for medical use, diagnosis or patient monitoring, nor for any situation in which a person’s life or health is at stake; NOLIO does not warrant compliance with any regulation applicable to medical devices or health data, and the Developer shall not present its Third-Party Application as pursuing a medical purpose on the basis of the Sports Data.

14.2 NOLIO shall not be held liable for indirect damages, including loss of revenue, customers, data or opportunity, nor for damages resulting from the use of the Third-Party Application by its users.

14.3 Unless otherwise provided in Special Terms, NOLIO’s liability under the API Terms is limited, for all causes combined, to the sums paid by the Developer to NOLIO, in respect of the Service and the API, during the twelve months preceding the event giving rise to the liability.

14.4 The Developer indemnifies NOLIO against any claim, action, judgment or costs, including advisory fees, resulting from its Third-Party Application, from its use of the API or the Sports Data, or from a breach of the API Terms.

14.5 NOLIO may make the activation or continuation of a Partner Application processing Sensitive Data on a large scale conditional upon evidence of professional liability insurance covering the activities of the Third-Party Application, and may request the certificate at any time.

14.6 Neither party is liable for a failure caused by an event of force majeure within the meaning of Article 1218 of the French Civil Code. If the event continues beyond thirty days, either party may terminate the API Terms without compensation.

15. SUSPENSION AND TERMINATION

15.1 NOLIO may suspend the access of any Third-Party Application, with immediate effect and without notice, in the event of a breach of the API Terms, a risk to the security or integrity of the Service, an infringement affecting the Sports Data, a complaint from a User or from a provider of Connector Data, or a legal or contractual obligation requiring it.

15.2 The suspension is notified to the Developer. Where circumstances permit, NOLIO first gives the Developer formal notice to remedy the situation within fifteen days.

15.3 Either party may terminate the API Terms at any time, subject to thirty days’ notice, without prejudice to any Special Terms providing for a different period.

15.4 The definitive termination of access, for any reason whatsoever, entails the deletion obligation provided for in Article 7.2 and the end of the licence provided for in Article 13.1. The suspension provided for in Article 15.1 does not entail the deletion obligation unless it is followed by termination. Articles 6, 7, 8, 9, 10, 13, 14 and 17 survive termination, as does the obligation to pay sums due under Article 16.

16. FINANCIAL TERMS

16.1 The activation of a Partner Application gives rise to payment of the price of the API access plan in force, as communicated by NOLIO. Prices are exclusive of taxes.

16.2 The price is invoiced monthly in advance and is payable upon receipt of the invoice, by the means of payment indicated by NOLIO.

16.3 Any late payment automatically gives rise to penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus ten percentage points, as well as the fixed indemnity for recovery costs provided for in Article L. 441-10 of the French Commercial Code, without prejudice to suspension of access in accordance with Article 15.

16.4 NOLIO may revise the price of the plan with three months’ notice. A Developer who refuses the revision may terminate without penalty before it takes effect.

16.5 Connectors benefiting from an exception under Article 3.3 are not subject to this article for as long as the exception remains in force.

16.6 The Personal Application gives rise to no payment in respect of the API. Access to it remains conditional upon the subscription to the Service provided for in Article 3.2.

17. GENERAL PROVISIONS

17.1 The Developer may not assign or transfer the API Terms, its credentials or its Third-Party Application without the prior written consent of NOLIO. NOLIO may assign the API Terms to any company of its group or to any successor in the operation of the Service, upon simple notification. The Developer notifies NOLIO within thirty days of any merger, acquisition or change of control affecting it; NOLIO may terminate the API Terms without compensation where the acquirer or the new controlling party operates a service competing with the Service.

17.2 The API Terms, any Special Terms and the declaration provided for in Article 3.4 constitute the entire agreement between the parties concerning the API.

17.3 If any provision of the API Terms is declared null and void or unenforceable, the other provisions retain their full effect.

17.4 The API Terms are drafted in French. Any translation is provided for convenience only; the French version prevails in the event of any discrepancy.

17.5 Confidentiality. The Developer keeps confidential the non-public information that NOLIO communicates to it concerning the API, including functionalities under development, access credentials and financial terms, for the term of the API Terms and for three years after their end.

17.6 Developer disclosures. NOLIO works with many developers and may develop, or may have developed, products or functionalities similar to those of the Developer. The information that the Developer communicates to NOLIO concerning its Third-Party Application, in particular in support of an activation request, is not confidential; NOLIO may use it without obligation or consideration, and the Developer waives any claim based on its receipt or use. Excluded from the foregoing, and treated by NOLIO as confidential, are the security information, compliance files and trade secrets communicated under Articles 3.4, 3.8, 7.3 and 10.3, which NOLIO uses solely for verification purposes; Article 13.6 does not cover such information.

17.7 Notifications. Any notification to the Developer is validly made to the email address of its Developer Account or by posting on the developer portal. Any material change to the API Terms is notified by email to that address, together with publication and a consultable version history; NOLIO retains proof of the notification and of the applicable version. With regard to an Unverified Client, publication constitutes notification. Any notification to NOLIO is made to the address indicated in the documentation.

17.8 NOLIO’s failure to invoke a breach does not constitute a waiver of its right to invoke it subsequently.

17.9 The API Terms are governed by French law. Any dispute falls within the exclusive jurisdiction of the courts within whose territorial jurisdiction NOLIO’s registered office is located, subject to the applicable mandatory provisions and to Article 1.5.

18. TRANSITIONAL PROVISIONS

18.1 Developers holding credentials for access to the API prior to the entry into force of the API Terms are informed thereof by any means, in particular through the communication announcing the release of version 2 of the API. They have thirty days to accept them or to cease using the API. Continued use beyond that period constitutes acceptance.

18.2 Partner Applications activated prior to the entry into force of the API Terms provide the declaration provided for in Article 3.4 within the same period.

ANNEX. GUIDELINES PER CONNECTOR DATA PROVIDER

A.1 Garmin. Connector Data whose source field is garmin originates from Garmin Connect and, unless entered manually, from a Garmin device whose model is given by the device_name field. Where the Third-Party Application displays such data, or information derived from it (calculations, aggregates, content generated by a model), it displays an attribution to Garmin in accordance with the Garmin API Brand Guidelines (https://developer.garmin.com/brand-guidelines/overview/): the notice “Garmin [model]”, or “Garmin” if the model is missing, placed below or next to the title of the view and visible without scrolling, never in a tooltip, a footnote or a collapsible block. For derived or aggregated data, a global notice such as “Insights derived in part from Garmin device-sourced data”, or its translation, appears in the header or footer of the view.

A.2 Strava. Connector Data whose source field is strava is served in detail only to the Athlete themselves, through their own Personal Key. Any other caller, including a Partner Application, a Coach and the MCP Server, receives the existence of the workout without its content, accompanied by a restriction marker. The Developer does not use any Strava-sourced data with an artificial intelligence application.

A.3 WHOOP. Connector Data whose source field is whoop follows the regime of Article A.2. The Developer does not license it to any third party, even with the User’s consent, and does not use it to develop an artificial intelligence application or system.

A.4 Oura. Metrics whose source field is oura are served only to the Athlete themselves, through their own Personal Key. Any other caller, including a Coach, a Partner Application and the MCP Server, receives them without their value, together with a restriction marker.

A.5 Zepp and Huawei. Connector Data whose source field is zepp or huawei is served in full through a Personal Key and through a Partner Application. Through the MCP Server, workouts are served with their duration and distance only, and metrics are not served. The Developer does not submit such data to any artificial intelligence model.

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