Acceptance of Terms
This SugarWOD API Terms of Service document (the “API TOS”) is an agreement you
must accept in order to use the SugarWOD API (as described below). This document describes both
your rights and your obligations as part of using the SugarWOD API. It is important that you
it carefully because you will be legally bound to these terms. SugarWOD, LLC.
(“SugarWOD” “we” “us”) only provides the SugarWOD API to you subject to this
By accepting this API TOS or by accessing or using the SugarWOD API, you agree to be bound by
incorporated here by reference).
If you are entering into this API TOS on behalf of a company or other legal entity, you
represent that you have the authority to bind such entity to this API TOS. In that case, the
terms “you” or “your” shall also refer to such entity. If you
do not have such authority, or if you do not agree with this API TOS, you may not use the
API. You acknowledge that this API TOS is a contract between you and SugarWOD, even though it is
electronic and is not physically signed by you and SugarWOD, and it governs your use of the
API Key Definitions
Application – Any software application, website, or product you create or
service you offer using the SugarWOD API (defined below).
API Documentation – The documentation, data and information that SugarWOD
provides regarding the use of the SugarWOD API through the Developer Site.
Data – means any data and content uploaded, posted, transmitted or
otherwise made available by users via the Services, including messages, files, comments,
profile information and anything else entered or uploaded into the Service by a user of the
Developer Site – SugarWOD’s Developer site found at https://www.sugarwod.com/developers
SugarWOD API or “our API” – The publicly available SugarWOD Application
Programming Interface (“API”) as well as the related API Documentation.
SugarWOD Brand – The SugarWOD brand and brand assets, including names,
trade names and trademarks.
SugarWOD Service(s) – SugarWOD’s real-time communication, messaging,
archiving and search services and related systems and technologies, as well as the website
https://www.sugarwod.com (the “Site”), and all software, applications, data, reports, text,
and other content made available by or on behalf of SugarWOD through any of the foregoing.
“Service” does not include Data or any software application or service that is provided by
you or a third party (including Applications), whether or not SugarWOD designates them as
As long as you follow this API TOS, SugarWOD grants you a limited, non-exclusive,
non-transferable license to use the APIs to develop, test, and support any software application,
website, or product, and to integrate the SugarWOD APIs with your Application. Your license is
subject to the limitations set forth in Section 4.2 through 4.11 and Section 9 below, and you
agree that violation of Section 4 will automatically terminate your license to use the SugarWOD
Use of APIs and SugarWOD Data
The following identifies limitations on use related to the SugarWOD API:
Reliance on API. SugarWOD is still evolving, and we need the flexibility to
occasionally make changes to our APIs, including backwards incompatible ones. We will try to
give notice of these changes, but you should follow the @SugarWOD
Twitter account for updates. Also, parts of our API are undocumented, including
certain methods, events, and properties. Given that these undocumented aspects of our API
may change at any time, you should not rely on these behaviors.
Applicable laws or agreements. You may not use the SugarWOD API in
of any law or regulation, or rights of any person, including but not limited to intellectual
property rights, rights of privacy, or rights of personality, or in any manner inconsistent
with this API TOS or SugarWOD’s other agreements to which you are subject.
Scope of acceptable use. You may not use the SugarWOD API or any other
technology in a manner that accesses or uses any information beyond what SugarWOD allows
this API TOS or the Documentation; that changes the SugarWOD Service; that breaks or
circumvents any of SugarWOD’s technical, administrative, process or security measures; that
disrupts or degrades the performance of the SugarWOD Service or the SugarWOD API; or that
the vulnerability of SugarWOD’s systems or networks.
Malware. You may not transmit any viruses or other computer programming
that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any
system or data.
Reverse engineering. You may not attempt to reverse engineer or otherwise
derive source code, trade secrets, or know-how in the SugarWOD API or portion thereof;
Functionality. You may not use the SugarWOD API to replicate or compete
core products or services offered by SugarWOD. You acknowledge and agree that SugarWOD has
in the future offer products or services that are similar to your Application, and nothing
will prevent SugarWOD from doing so;
Commercial Use. You may charge for your Application. However, you may not
sell, rent, lease, sublicense, redistribute, or syndicate access to the SugarWOD API.
Advertising. You may place advertisements on and around your Application.
However, you may not:
Place any advertisements within SugarWOD Service channels, and your advertisements
not resemble or be reasonably likely to confuse users as being a SugarWOD Service
Use Data or any content from SugarWOD in any advertisements or for purposes of
targeting advertisements, in your Application or elsewhere; or
Use contact information obtained from SugarWOD (including email addresses) to
SugarWOD users outside of SugarWOD without their express permission.
Rate Limits. You will not attempt to exceed or circumvent limitations on
access, calls and use of SugarWOD API, or otherwise use the SugarWOD API in a manner that
reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to
comply or is inconsistent with any part of this API TOS or the Documentation. See https://www.sugarwod.com/developers-api-docs#rate-limits.
Use for promotion of gambling or adult content. You may not use the
APIs in any Application that includes adult content, promotes gambling, involves the sale of
tobacco or alcohol to persons under 21 years of age, or otherwise violates any applicable
law or regulation.
Distribution of your application. You may not distribute or allow access to
the SugarWOD APIs to anyone other than, if applicable, the company on whose behalf you
into this API TOS. Anyone who wants to access our APIs must agree to be bound by this API
Use of SugarWOD Brand or Marks. You must not use the SugarWOD Brand in a way that
suggests your service is endorsed by, sponsored by, or associated with SugarWOD, and you must abide
SugarWOD’s Brand Guidelines available at https://www.sugarwod.com/brand-guidelines.
Storage of Data
Caching Data. Where Data is cached, you should refresh the cache at least
every 24 hours.
Secure Storage Measures. All Data should be stored and served using strong
Delete at User Request. You must delete all Data you have collected from a
SugarWOD user upon request by that user, and when the SugarWOD user deauthorizes your
or closes his or her account with you. Similarly, when a team stops using your Application,
you should delete all Data obtained from that team. The restrictions of this Section do not
apply to Data that SugarWOD users also provide directly to you and that is separately
or uploaded to you by the user of your Application.
Deletion at Termination. If we terminate your use of the SugarWOD APIs for
reason, then you must permanently delete all Data and any other information that you stored
pursuant to your use of the SugarWOD APIs, except when doing so would cause you to violate
law or obligation imposed by a governmental authority. This provision does not require a
SugarWOD user to delete Data stored in SugarWOD if the SugarWOD user is prohibited from
No Other Storing. You may not copy or store any Data or capture or store
any information expressed by the Data (such as hashed or transferred data), except to the
extent permitted by this API TOS.
If you offer your Application for use by others outside your organization, you must maintain a
applicable legal standards and accurately describe the collection, use, storage and sharing of
user-friendly as ours.
Protections. The network, operating system and software of your web
servers, databases, and computer systems (collectively, “Your Systems”)
must be properly configured to securely operate your Application and store Data. Your
Application must use reasonable security measures to protect your users’ information. You
must not architect or select Your Systems in a manner to avoid the foregoing obligation.
Reporting. You must promptly report any security deficiencies in, or
intrusions to, your Systems to SugarWOD in writing via email to security@SugarWOD.com or
subsequent contact information posted on the Developer Site. This includes any unauthorized
access, use, disclosure or destruction of Data. You will work with SugarWOD to immediately
correct any security deficiency, and will immediately disconnect any intrusions or intruder.
In the event of any security deficiency or intrusion involving the Application, SugarWOD
or Data, you will make no public statements regarding such deficiencies or intrusions (e.g.,
press, blogs, social media, bulletin boards, etc.) without prior written and express
permission from SugarWOD in each instance.
Government Access. You will not knowingly:
Allow or assist any government entities, law enforcement, or other organizations to conduct
surveillance or obtain data using your access to the SugarWOD API in order to avoid serving
legal process directly on SugarWOD. Any such use by you for law enforcement purposes is a
breach of this API TOS.
Display, distribute or otherwise make available Data or any Application to any person or
entity that you reasonably believe will use Data to violate the Universal
Declaration of Human Rights (located at http://www.un.org/en/documents/udhr/),
including without limitation Articles 12, 18, or 19. Any law enforcement personnel seeking
information about SugarWOD users will be referred to SugarWOD’s User Data Request Policy,
You will not conduct and your Application will not provide analyses or research that
isolates a small group of individuals or any single individual for any unlawful or
discriminatory purposes. Exemptions to these restrictions may be requested for exigent
circumstances and are subject to prior written approval from SugarWOD.
The SugarWOD APIs are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting
“commercial computer software” and “commercial computer software documentation” as such terms
are used in 48 C.F.R. 12.212. Any use, modification, derivative, reproduction, release,
performance, display, disclosure or distribution of the SugarWOD API by any government entity is
prohibited, except as expressly permitted by the terms of this API TOS. Additionally, any use by
U.S. government entities must be in accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4. The contractor/manufacturer is SugarWOD Technologies, Inc., 155 5th Street,
Sixth Floor; San Francisco, CA 94103.
As between you and us, we own all rights, title, and interest, including all intellectual
property rights, in and to, the (1) SugarWOD APIs, Documentation, and all elements and
thereof; (2) Data; (3) SugarWOD Services; and (4) Brand Features (collectively, the “SugarWOD
Materials”). The only exception to this is Data that you as a SugarWOD user have licensed to
under the https://www.sugarwod.com/terms-of-use,
which governs that Data. Except for the express licenses granted in this API TOS, SugarWOD does
grant you any right, title, or interest in the SugarWOD Materials. You agree to take such
as SugarWOD may reasonably request to perfect SugarWOD’s rights to the SugarWOD Materials.
Term and Termination
Duration of Terms. This API TOS will go into effect on the date upon which
you agree to them, by accessing or using the SugarWOD API, and will continue until
as set forth herein.
Your Right to Terminate. You may terminate this API TOS by discontinuing
use of our APIs.
Suspension; Termination. We may change, suspend or discontinue the SugarWOD
API and suspend or terminate your use of the SugarWOD API, the SugarWOD Service, and/or
Brand at any time and for any reason, without notice. Without limiting the foregoing, we may
limit your Application's access to the SugarWOD API if it, in our sole discretion, may
negatively affect our Service or our ability to provide our Service.
Effect of Termination. Upon termination of this API TOS:
All rights and licenses granted to you will terminate immediately;
You will promptly destroy Documentation and any other SugarWOD information in your
possession or control that was received under this API TOS;
Unless we agree otherwise in writing or as stated in this API TOS, you must
permanently delete all Data and other information that you stored pursuant to your
use of the SugarWOD APIs. SugarWOD may request that you certify in writing your
with this section; and
SugarWOD will make commercially reasonable efforts to remove all references and
to your Application from its Services (SugarWOD has no other obligation to delete
copies of, references to, or links to your Application).
The following sections of this API TOS shall survive any termination, Sections 4 (“Use of
the APIs and SugarWOD Data”), 5 (“Use of SugarWOD Brand or Marks”), 6.4 (“Delete at User
(“Security Measures”), 11 (“Ownership”), 12 (“Term and Termination”), 13 (“Other Important
Terms”), 14 (“Disclaimer of Warranties; Limitation of Liability; Indemnity”), 15 (“Dispute
Resolution”) and 16 (“General Legal Terms”).
Other Important Terms.
Legal Representations. You represent and warrant to SugarWOD that,
SugarWOD Materials, you have the right to use, reproduce, transmit, copy, publicly display,
publicly perform, and distribute your Application, and that use of your Application by
and its users will not violate the rights of any third party (e.g., copyright, patent,
trademark, privacy, publicity or other proprietary right of any person or entity), or any
applicable regulation or law, including the Digital Millennium Copyright Act, the laws of
any country in which your Application is made available and any applicable export laws.
Modification of the API TOS. We may change, add to or delete this API TOS
or any portion thereof from time to time in our sole discretion. If we make a material
change to this API TOs, we will provide you with reasonable notice prior to the changes
either by emailing the email address associated with your account or by posting a notice on
the Developer Site. You acknowledge that these updates and modifications may adversely
impact how you access, use, and communicate with the SugarWOD API. If any change in
unacceptable to you, then your only recourse is to cease all use of the SugarWOD API. Your
continued access or use of the SugarWOD API will mean that you agree to the updates and
Other Applicable Agreements. You and your Application must also comply with
the following, which are hereby incorporated by reference:
In the event of any conflict between the content in this document and the above
documents, this document controls your use of the SugarWOD APIs.
Disclaimer of Warranties; Limitation of Liability; Indemnity
NO WARRANTIES. THE SugarWOD API AND ALL RELATED COMPONENTS AND
INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF
ANY KIND, AND SugarWOD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT SugarWOD DOES NOT WARRANT
THE SugarWOD API WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SugarWOD API, AND
INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM SugarWOD OR THROUGH THE DEVELOPER SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API TOS.
LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL SugarWOD BE LIABLE TO YOU OR ANY
PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN
THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE
EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, FIVE HUNDRED ($500) U.S. DOLLARS, OR
(C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE
RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS
IN DETERMINING WHETHER TO ENTER INTO THIS TOS. Some jurisdictions do not allow the exclusion
of implied warranties or limitation of liability for incidental or consequential damages,
which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS,
SugarWOD’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnity. You agree to defend, hold harmless and indemnify
and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and
against any third party claim arising from or in any way related to your or your users’ use
of the Application, SugarWOD API or Data, use of SugarWOD Brand, or violation of this API
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, we will provide you with written notice of such claim, suit, or
This API TOS and any claim, cause of action or dispute (“Claim”) arising out of
or related to this Agreement shall be governed by the laws of the state of Colorado, United
States, regardless of your country of origin or where you access the SugarWOD Service, and
notwithstanding any conflicts of law principles and the United Nations Convention for the
International Sale of Goods. You and SugarWOD agree that all Claims arising out of or related to
this Agreement must be resolved exclusively in the courts located in the county of San
Francisco, Colorado or the U.S. District Court of Colorado. You
and SugarWOD agree to submit to the personal jurisdiction of the courts located within the
of Boulder County, Colorado , and agree to waive any and
all objections to the exercise of jurisdiction over the parties by such courts and to venue in
such courts for the purpose of litigating all such Claims. Notwithstanding the above, you agree
that SugarWOD shall still be allowed to apply for injunctive remedies (or an equivalent type of
urgent legal relief) in any jurisdiction.
General Legal Terms
Severability. If any provision of this API TOS is found to be illegal,
void, or unenforceable, the unenforceable provision will be modified so as to render it
enforceable to the maximum extent possible in order to effect the intention of the
provision; if a term cannot be so modified, it will be severed and the remaining provisions
of this API TOS will not be affected in any way.
Language. Where SugarWOD has provided you with a translation of the English
language version of this API TOS or any document referenced in this API TOS, you agree that
the translation is provided for your convenience only and that the English language versions
of any such document, will control.
Notice and Service of Process. We may notify you via postings on the
Developer Site or via the email address associated with your Application or SugarWOD Service
account. SugarWOD accepts service of process by mail or courier at the physical address set
forth in Section 16.9 below. Any notices that you provide without compliance with this
section shall have no legal effect.
Entire Agreement. This API TOS and any documents incorporated into this API
TOS by reference, constitute the entire agreement between you and SugarWOD regarding the
APIs and supersedes all prior agreements and understandings, whether written or oral, or
whether established by custom, practice, policy or precedent, with respect to the subject
matter of this API TOS.
No Informal Waivers, Agreements, or Representations. Our failure to act
with respect to a breach of this API TOs by you or others does not waive our right to act
with respect to that breach or subsequent similar or other breaches. No representations,
statements, consents, waivers or other acts or omissions by any SugarWOD affiliate shall be
deemed legally binding on any SugarWOD affiliate, unless documented in a physical writing
signed by a duly appointed officer of SugarWOD.
Injunctive Relief. In no event shall you seek or be entitled to rescission,
injunctive or other equitable relief, or to enjoin or restrain the operation of the
Developer Site or SugarWOD Service or any SugarWOD APIs, or other material used or displayed
through the SugarWOD Developer Site or SugarWOD Service.
Assignment and Delegation. You may not assign or delegate any rights or
obligations under this API TOS, including in connection with a change of control. Any
purported assignment and delegation shall be ineffective. We may freely assign or delegate
all rights and obligations under this API TOs, fully or partially without notice to you. We
may also substitute, by way of unilateral novation, effective upon notice to you, SugarWOD
Technologies, Inc. for any third party that assumes our rights and obligations under this
Potential Other Rights and Obligations. You may have rights or obligations
under local law other than those enumerated here if you are located outside the United
How to Contact Us. If you have questions or comments about this API TOS, or
wish to make use of our SugarWOD API in any way not permitted by this API TOS, please
us via email at firstname.lastname@example.org