API Terms of Use
Challengermode AB ("Challengermode," "we," "us," or "our"), a Swedish limited liability corporation with registration no. 556989-7498 and with registered address Malmskillnadsgatan 36, 111 57 Stockholm, Sweden, provides a digital, online software, competitive gaming platform that offers an online esports infrastructure to key stakeholders in the industry including players, organizers and game developers, available at https://www.challengermode.com/ (the "Platform").
Challengermode provides an API solution for developers described from time to time at https://www.challengermode.com/developers/docs, enabling enhanced developer features related to the Platform (the "Developer API"). This document (the "API Terms") applies to you (herein also referred to as "Developer", "You" or "Your") when You are using the Developer API to create esports apps, games or fetch data from the Platform (the "Purpose"). Anything You create by using the Developer API is hereinafter referred to as a "Developer Application". The API Terms sets out the specific terms and restrictions in regard to the Developer API and applies in addition to the terms of use of the Platform available at https://www.challengermode.com/terms-of-use ("Terms").
In the event of any inconsistency between the API Terms and the Terms, the API Terms set forth below shall prevail.
1.
License
Subject to the terms and restrictions of this API Terms, You are granted a limited, revocable, non-exclusive and non-transferable right to access and use the Developer API for the Purpose and as described in your application submitted to Challengermode, if granted.
You grant Challengermode and its affiliates, partners and distributors, a non-exclusive, worldwide, royalty-free, perpetual, fully sub-licensable license, to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of the content in Your Developer Application(s) (the "Developer Content"), in any form, media, or technology, for the purpose of providing, developing and marketing the Developer API.
You represent and warrant that You have all rights necessary to grant Challengermode and its affiliates the license in Section 1.2 above and that the Developer Content is not defamatory nor violate any rights of third parties, including but not limited to, any intellectual property rights or applicable laws.
We will in our sole discretion determine the functionalities offered in the Developer API, and may impose certain requirements with respect to the use of the Developer API, including but not limited to thereto related patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how and any content included in the Developer API and other services on the Platform (save for Developer Content) including but not limited to all design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that forms part of the Developer API and other services on the Platform (the "Content").
2.
Obligations
The following obligations apply to Your use of the Developer API:
a. You agree to access and handle the Developer API and Content provided therein in a secure manner. You will report to Challengermode any violations of the security of Your systems that access the Developer API or provide access to our Content. We may investigate Your security measures and determine in our sole discretion whether they are sufficient for using the Developer API;
b. We may require that You use certain Content of ours, including, without limitation, Challengermode marks. We have the sole discretion to determine how our Content shall be used in connection with Your usage of the Developer API, and the terms governing the use of any Content. You may not create derivatives of our Content or use our brand or any other marks of ours in the title of Your Developer Application(s) without our prior written approval. Your use of our Content and the Developer API may not, unless otherwise agreed, (i) imply in any way that we endorse You or Your company’s products/services or (ii) portray us in a negative manner (as determined by us in our sole discretion);
c. You may not change or edit our Content and You agree to delete any Content of ours from Your Developer Application(s) upon our request. You agree to configure Your Developer Application(s) to only request Content from us that is strictly needed. You may not without our prior written approval: (i) use any of our Content or the Developer API for any commercial purpose, or (ii) redistribute our Content in Your Developer Application(s) except if strictly needed;
d. If any third party names, trademarks, logos or other intellectual property or proprietary content in any format (e.g., text, audio, video) (the "Third Party Content") are included in Your Developer Application(s), you represent that You own or have all necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use or exploit such Third Party Content in Your Developer Application(s). In addition, You may not imply (in Your Developer Application(s) or otherwise) that any Third Party Content is endorsed by us;
e. We will set a "Limit" for the Developer API as further described from time to time in our Developer API documentation here and You agree to not exceed the Limit. Furthermore, we reserve the right to restrict access to some or all parts of the Developer API at any time for whatever reason;
f. We may update and change the Developer API at any time and You are recommended to always update to the latest version of the Developer API. In case You are using a deprecated version of the Developer API we may require you to update to the latest version in order for You to be able to make changes to Your Developer Application(s);
g. We may charge You a fee to access the Developer API in accordance with our from time to time applicable standard pricing or pricing agreed upon in a separate mutual agreement. We will send You a notice in advance in the event any new fee or any change to an existing fee is implemented by us. Furthermore, if we have approved that You use the Developer API for commercial purposes, we may impose a revenue share on Your monetization of the Platform from Your Developer Application(s) as per our standard pricing or pricing agreed upon in a separate mutual agreement.
h. We will provide You with a "Developer Key" or other forms of credentials in connection with Your access and use of the Developer API. We may remove a Developer Key for any reason in our sole discretion. Developer Keys are personal to You. You are responsible for maintaining the secrecy and security of Your Developer Keys. You may not transfer Your Developer Key to any other person or entity without our prior written approval;
i. Upon our request, Your Developer Application(s) must include an approved Challengermode-trademark or logo;
j. You may not include any advertising or sponsorship of any kind in Your Developer Application(s) without our prior written approval;
k. Your Developer Application(s) must be offered free of charge to download or otherwise access and may not contain any purchase features unless otherwise agreed.
3.
Ownership
Ownership and all intellectual property rights in and to (i) the Developer API, including but not limited to thereto related patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, and (ii) any Content is owned by and vested in us, or our licensors as applicable, and nothing in the API Terms shall be interpreted as a transfer of any such rights from us to You. You are solely entitled to the limited license to the Developer API explicitly granted under the API Terms.
You agree to not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Developer API or Content. We neither warrant nor represent that Your use of the Developer API or Content will not infringe rights of third parties.
You understand and agree that we may be independently creating applications, content and other products or services that may be similar to or competitive with your Developer Application(s), and nothing in the API Terms will be construed as restricting or preventing us from creating and fully exploiting such applications, content and other products or services now or in the future, without any obligation to You.
4.
Malfunctions, Fraud, Unauthorized Access and suspension or termination
The Developer API is cloud based and provided via the Internet, and actual availability is hence dependent on factors partly outside of Challengermode’s control. You agree, without limitation, that Challengermode is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from the competitions, matches or other services provided via the Developer API. You also agree that Challengermode is not responsible for any damage, loss, or injury resulting from Your access or use of to the Developer API or Content.
You may not:
a. use, copy or otherwise transfer the Developer API, or parts thereof, except as expressly permitted by the API Terms. You may under no circumstances yourself, or by giving permission to any third party, alter, develop or make additions to the Developer API;
b. sub-license, rent, lend or otherwise permit any third party to, directly or indirectly, with or without remuneration, dispose of or otherwise use the Developer API, unless as explicitly set out herein;
c. decompile, disassemble or reverse engineer the Developer API or by any other means attempt to recreate the source code of the Developer API or make copies for archival or disaster recovery purposes, other than as expressly permitted by mandatory law;
d. remove or alter proprietary rights notices on the Developer API, or the media by which it is made available, regarding patents, copyright, trademarks or other intellectual property;
e. access or use the Developer API in a way intended to avoid incurring any applicable fees or exceeding any usage limits;
f. access or use the Platform for any purpose other than the Purpose or in a manner that deviates from the intended use described by You in Your application granted by Challengermode;
g. monitor performance, functionality or availability in the Challengermode services or gather or disclose confidential data from such services;
h. create Developer Application(s) which are substantially similar to Challengermode’s services;
i. use the Developer API or create Developer Applications that harm or interrupt Challengermode’s services or the Developer API; or
j. access or use the Developer API for fraudulent or illegal activities or activities that violate Challengermode’s Terms, API Terms or other policies or which are otherwise harmful to us or any third parties.
Challengermode, in its sole discretion, reserves the right to suspend or terminate Your usage of the Developer API if Challengermode reasonably suspects or finds that You are in breach of any of the provisions in the API Terms.
5.
Complaints
Any complaints on the Developer API may be sent by e-mail to developers@challengermode.com.
In order for Challengermode to deal with Your complaint quickly, the complaint must contain clear information about Your identity as well as all relevant details giving rise to the complaint. Challengermode will use its best efforts to promptly resolve a reported matter.
6.
Local Laws
You are subject to all laws of the province, state, and/or country in which You reside and from which You access the Developer API and is solely responsible for obeying the laws of such jurisdiction. You agree that Challengermode and its affiliates cannot be held liable if applicable law restricts or prohibits Your use of the Developer API. Challengermode and its affiliates make no representations or warranties, implicit or explicit, as to Your legal right to use the Developer API nor shall any person affiliated, or claiming affiliation, with Challengermode and its affiliates have authority to make any such representations or warranties. Challengermode and its affiliates reserve the right to monitor the location from which You access the Developer API and to block access from any jurisdiction in which participation is illegal or restricted.
7.
No Waiver
The failure of Challengermode to enforce at any time any of the provisions of the API Terms, or the failure to require at any time performance by You of any of the provisions of the API Terms, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of Challengermode to enforce each and every such provision thereafter. The express waiver by Challengermode of any provision, condition or requirement of the API Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
8.
Disclaimer of Warranties and Force Majeure
While Challengermode uses reasonable efforts to include accurate and up-to-date information, Challengermode specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of the Developer API. Challengermode disclaims any responsibility or liability for the deletion, failure to store, misdelivery or untimely delivery of any information or material. Challengermode disclaims any responsibility or liability for any harm resulting from downloading or accessing any information through the Developer API.
Without limiting the foregoing, under no circumstances shall Challengermode be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, pandemics, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third-parties.
Your use of the Developer API is at Your sole risk. The Developer API is provided on an "AS IS" and "AS AVAILABLE" basis. Challengermode expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Challengermode makes no warranty that:
a. the Developer API will meet Your requirements;
b. the Developer API will be uninterrupted, timely, secure, or error-free;
c. the results that may be obtained from the use of the Developer API will be accurate or reliable;
d. Your messages, data or information, in whatever form or medium, will not be lost; and
e. any errors will be corrected.
No advice or information, whether oral or written, obtained by You from Challengermode, or through or from the Developer API will create any warranty not expressly stated in the API Terms.
9.
Limitation of Liability
Challengermode’s total liability to You under these API Terms for any damages or losses incurred by You shall, to the furthest extent permitted by applicable law, be limited to EUR one thousand (1000).
10.
Indemnification
To such an extent as permitted by applicable law, You agree to indemnify, defend, and hold harmless Challengermode, its subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all their successors and assigns in respect of all claims, costs (including reasonable legal fees and costs), damages, liabilities and expenses or obligations of any kind, arising out of or in connection with Your use of the Developer API or any other violations by You of the API Terms. Challengermode retains the right to assume the exclusive defense and control of any claim supporting indemnification, and in such cases, You agree to cooperate with Challengermode to defend any such claim. You will not settle any claim covered by this section and the disclaimer of warranties without Challengermode's prior written approval.
11.
Changes
We reserve the right to change or amend the API Terms with future effect, in particular when required by mandatory laws and regulations. We will announce material changes at least thirty (30) days in advance by notification by email or message on the Platform.
12.
Severability, Assignment and Headings
If any portion of the API Terms is deemed void or unenforceable, then that provision shall be deemed severable from the API Terms and shall not affect the validity and enforceability of the remaining provisions.
You may not wholly or partly assign or pledge Your rights and obligations under the API Terms to any third party except with the prior written consent of Challengermode.
Section headings are inserted for convenience of reference only and shall have no effect in interpreting the API Terms.
13.
Governing Law and Disputes
The API Terms will be governed by and construed in accordance with the national laws and provisions of the country of Sweden, save for its conflict of law provisions. Any dispute or claim arising out of or in connection with the API Terms, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise provided by mandatory law.
Challengermode makes no representation that the Developer API is operated in accordance with the laws or regulations of, or governed by, other nations.
