Fitbit Platform Terms of Service updated

[DavidSFitbit]

The Fitbit Platform Terms of Service (“Terms”) have recently changed based on expanded technical offerings we've made available to our developer community. The follow list of FAQs is designed to answer some of the most significant technical changes made in the Terms. If these explanations don’t answer your questions, please ask us by contacting private support. Please note that Fitbit cannot provide you with legal advice regarding the implication of the Terms on you or your business.

1. Why am I required to have a privacy policy and user agreement that my end users agree to?
• The legal rules governing the collection, use, processing and storage of certain types of data, such as end user data, require that such users have been informed of how their data is collected, used, processed and stored and that such users have provided consent to thesame. Fitbit’s updated developer environment contemplates that your app(s) may be syncing and sharing your end users’ data with Fitbit’s platform; your privacy policy and user agreement should accurately contemplate this type of data sharing to satisfy the legal rules governing customer data collection, use, processing and storage. See Sections 2(g) and (h) of the Terms for more details. Legal rules regarding data and privacy are complicated and Fitbit encourages you to engage your legal counsel to determine whether your privacy policy, terms of use and data collection, uses, processes and storage satisfy all applicable laws.
2. Are there authentication requirements for my app in order to communicate with the Fitbit Platform?
• Yes. Your app needs to comply with Fitbit’s user authentication system in order for your app to access the user data available in the Fitbit Platform. Fitbit will provide you with the required authentication interface, and no other interface may be used, nor may you embed Fitbit’s authorization pages into your app.
3. What are my data security obligations?
• You need to maintain the security of your end user’s data as well as the data you receive from Fitbit. You need to notify Fitbit of any known or suspected security breaches and cooperate with Fitbit to correct any known or suspected security breaches. See Section 2(k) of the Terms for more details.
4. What customer data obligations do I have regarding data backups and removal from the Fitbit Platform?
• You are responsible for backing up all of your end users’ data as well as any data that you receive from Fitbit that is associated with registered users of your app. You are also responsible for honoring any end user requests to remove end user data from your app, your other services, or any third party services.
5. Do I have rights to use Fitbit’s trademarks in my app and to promote my app?
• Yes! We want your app users to know that your app is compatible with Fitbit’s hardware and software offerings. We’ve granted you a limited trademark license to use certain of our trademarks for the promotion and integration of your app into the Fitbit Platform, subject to Fitbit’s standard trademark guidelines. See Section 5 of the Terms for more details.
6. How have Fitbit’s warranties and liability limitations changed?
• Fitbit disclaims all warranties other than those expressly provided in the Terms and provides the Fitbit Platform any data to you on an as-is and as-available basis. This disclaimer now extends to Fitbit’s suppliers (e.g., Fitbit’s online host; Fitbit’s hardware manufacturers) and distributors (e.g., resellers of Fitbit devices). Fitbit’s liability to you is limited direct damages not to exceed the greater of U.S.$100 or the aggregate fees you have paid Fitbit for access to the API in 12 months prior to the event giving rise to the liability. These limits on liability are now extended on behalf of Fitbit’s suppliers and distributors, and the limits apply to third parties (e.g., your end users), and not just you.

[acutesoftware]

There is a typo in the updated terms of service

• orge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted;