Effective Date: 09/01/2024
Welcome to Leagues United Inc. (DBA - Backr), a Delaware C-Corporation! These Terms and Conditions ("Terms") govern your use of the API feed services provided by Leagues United Inc. ("We," "Us," "Our"). By accessing and using our API feed services, you ("Customer") agree to comply with these Terms. Please read them carefully.
1. Use of API Services
1.1 License: Subject to these Terms, we grant you a non-exclusive, non-transferable, and revocable license to use our API services for the sole purpose of accessing aggregated social media content, as permitted by our agreements with data providers.
1.2 Restrictions: You agree not to:
Reverse-engineer, modify, or create derivative works based on the API.
Use the API for any illegal, harmful, or abusive activities.
Share or redistribute the API or data obtained through it without our prior written consent.
2. Third-Party Data Sources
2.1 Data Providers: Our API feeds aggregate content from multiple social media platforms, including but not limited to X (formerly Twitter), Facebook, Instagram, YouTube, and others. Your use of content from these platforms is subject to their respective terms of service.
2.2 Twitter (X.com) API Compliance: If you access content from X (formerly Twitter) via our API, you must comply with X's API Developer Agreement and Policy. You are responsible for obtaining and maintaining an active X Developer account in accordance with X's API rules. Failure to do so may result in suspension or termination of your access to content sourced from X.
For more information on X's Developer Agreement, please refer to their Developer Policies.
3. Data Usage and Privacy
3.1 Data Rights: You acknowledge that the content aggregated through our API remains the intellectual property of the original content creators and/or platform owners. You do not gain any ownership rights over the content provided through our API.
3.2 Data Processing: You agree to use the data in compliance with all applicable data protection and privacy laws, including GDPR, CCPA, and others. Any personal data obtained must be handled responsibly, and you shall not use the data in a manner that violates the rights of the individuals concerned.
4. Fees and Payment
4.1 Subscription Fees: Access to our API services is subject to payment of applicable subscription fees, as outlined in your order form or service agreement.
4.2 Payment Terms: Payments are due on a [monthly/quarterly/annual] basis, and failure to make timely payments may result in suspension or termination of your access to the API.
5. Liability
5.1 No Warranties: The API services are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the availability, accuracy, or completeness of the data accessed through our API.
5.2 Limitation of Liability: To the fullest extent permitted by law, Leagues United Inc. (DBA - Backr) shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the API services, including but not limited to any errors in the data or loss of access to the API.
6. TERM; TERMINATION
6.1 Term: Unless otherwise expressly specified in the Order Form, this Agreement shall be effective as of the Effective Date and shall continue in full force and effect for the Term specified in the Order Form.
6.2 Termination: Leagues United Inc. (DBA - Backr) ("Company") may terminate this Agreement at any time upon ten (10) days’ prior written notice to the Customer. Either party may terminate this Agreement effective immediately if the other party is in material breach of any obligation, representation, or warranty hereunder and fails to cure such material breach (if capable of cure) within thirty (30) days after receiving written notice thereof from the other party.
Additionally, either party may terminate this Agreement upon written notice if the other party:
Files for any form of bankruptcy,
Has bankruptcy proceedings filed against it that are not dismissed in such party’s favor within sixty (60) days,
Makes any assignment for the benefit of creditors, or
Dissolves or ceases to conduct business.
The Company may also terminate this Agreement upon written notice to the Customer in the event of any merger, consolidation, reorganization, change in control, or sale of all or substantially all of the assets of the Customer relating to this Agreement or similar transaction. If this Agreement is entered into pursuant to a Free Trial, either party may terminate this Agreement, at any time and for any reason or for no reason, upon written notice to the other party.
6.3 Early Termination: If the Customer terminates this Agreement or reduces/terminates Services or a particular Statement of Work for any reason other than the Company’s uncured material breach (as outlined in Section 6.2), the Customer shall pay a termination fee.
For any fixed fee Services, the fee will be equal to the full amount unpaid and outstanding on the fixed fee Service.
For non-fixed fee Services, the termination fee will be based on the remaining unused term of the Services being terminated, determined by multiplying the average of the monthly invoices for each Service being terminated received by the Customer during the six-month period preceding the effective date of termination (or if no monthly invoice has been received or the Services are not yet in production, including where billing is annual, the estimated monthly billing for each Service), times the remaining months of the term, plus any credit issued by the Company under this Agreement or any Statement of Work.
6.4 Effect of Termination: Upon termination, unless otherwise expressly provided for herein, the Customer will cease all use and distribution of Company Materials, and promptly return or destroy all data and databases relating to all Historical Data in its possession. The Customer will also provide written certification of compliance with these return and destruction requirements.
7. FREE TRIAL
7.1 Free Trial Offering: Leagues United Inc. (DBA - Backr) ("Company") may offer access to its API services on a free trial basis ("Free Trial") for a limited period, as specified in the Order Form or otherwise communicated to the Customer.
7.2 Trial Terms: During the Free Trial period, the Customer will have access to the API services under these Terms and Conditions, except that:
The Company reserves the right to limit the scope of services and data provided during the Free Trial.
The Free Trial is offered "as is" with no warranties of any kind.
The Company may terminate the Free Trial at any time and for any reason, with or without notice.
7.3 Transition to Paid Service: At the end of the Free Trial period, the Customer will have the option to transition to a paid subscription of the services. If the Customer does not transition to a paid subscription before the Free Trial period ends, access to the API services will be automatically terminated unless otherwise agreed by the Company.
7.4 No Obligation: Participation in the Free Trial does not obligate the Customer to purchase a subscription. However, any data or services accessed during the Free Trial may be subject to termination and deletion upon the conclusion of the Free Trial if the Customer does not proceed with a paid subscription.
7.5 Termination of Free Trial: Either party may terminate the Free Trial at any time for any reason by providing written notice to the other party.
8. Modifications to the Terms
We reserve the right to update or modify these Terms at any time. We will provide notice of significant changes, and your continued use of the API after such changes constitutes your acceptance of the revised Terms.
9. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Delaware.
10. Contact Information
If you have any questions about these Terms, please contact us at:
Leagues United Inc. (DBA - Backr)
1500 1st Ave N.
Birmingham, AL 35203
support@backrsports.com
205-492-2894
