1. Definitions

Move-IQ API — the programmatic interface described in TBAfit's API documentation at /api-license.

End User — any individual whose movement data is submitted via the Licensed Application using the API.

Licensed Application — your application that integrates and uses the Move-IQ API under this agreement.

Assessment Data — all movement scores, joint measurements, and raw data submitted by an End User through the Licensed Application.

Derived Data — any output, score, analysis, or insight generated by the Move-IQ API in response to Assessment Data.

API Key — the unique credential TBAfit issues to you for authenticated API access.

Confidential Information — non-public technical, business, and product information disclosed by either party under this agreement.

Key scope note: this agreement covers ONLY the Move-IQ MCP API (assessment operations only). BluePrint, ATLAS, and all other TBAfit services are not included and require a separate written agreement.

2. Grant of License

TBAfit grants you a limited, non-exclusive, non-sublicensable, revocable license to: integrate the Move-IQ API into your Licensed Application; transmit Assessment Data on behalf of End Users; display Derived Data to End Users within your Licensed Application; and use TBAfit's attribution per Section 4.

You may not sublicense, resell, or redistribute the API in any form.

Scope Lock

BluePrint, ATLAS, and all non-Move-IQ services are NOT licensed under this agreement and are expressly prohibited without a separate written agreement with TBAfit.

3. Prohibited Uses

You agree not to: reverse engineer, decompile, or disassemble the Move-IQ API or model; clone, reproduce, or build a competing movement assessment product; redistribute the API or Derived Data to third parties beyond the Licensed Application; scrape or bulk-download movement data; make medical claims based on Move-IQ scores; misrepresent TBAfit or the Move-IQ API as clinically validated or FDA-cleared; modify Derived Data before displaying it to End Users; share your API Key; or use the API in violation of applicable law.

4. Attribution

You must display "Move-IQ Assessment powered by TBAfit" visibly and legibly wherever Derived Data is shown within your Licensed Application. Use of TBAfit's name, logo, or marks requires prior written approval.

5. API Key Management

API Keys are the property of TBAfit. You must: keep keys confidential and store them securely; use keys only for your Licensed Application; notify TBAfit within 24 hours of any known or suspected key compromise at support@tbafit.polsia.app; and cease use of any key immediately upon revocation or termination of this agreement.

6. Data Licensing Back to TBAfit

Before transmitting any Assessment Data via the API, you must obtain documented, informed consent from each End User authorizing such transmission. By transmitting Assessment Data to TBAfit via the API, you grant TBAfit a perpetual, royalty-free, non-exclusive license to use that data for platform improvement, aggregate analytics, and AI model training. TBAfit will not re-identify individual End Users without separate, explicit consent.

7. Audit Rights

TBAfit may audit your use of the API with 14 days' written notice, no more than once per 12-month period. You must maintain records of API usage and End User consent for at least 3 years and make them available to TBAfit on reasonable notice.

8. Confidentiality

Each party agrees to keep the other's Confidential Information confidential and not disclose it to third parties without prior written consent. Exceptions apply for publicly available information, pre-existing knowledge, independent development, and legally required disclosure (with prior notice where permitted).

9. Intellectual Property

9.1 TBAfit IP Ownership: All Move-IQ and ATLAS intellectual property remains the exclusive property of TBAfit. Nothing in this agreement transfers any ownership rights to you.

9.2 No-Challenge: You may not challenge the validity of Move-IQ or ATLAS intellectual property, including via IPR proceedings, oppositions, or declaratory judgment actions. Violation of this provision results in immediate termination with no cure period.

9.3 Licensee IP: Your Licensed Application's intellectual property remains yours. Nothing grants TBAfit any rights to your application code, branding, or materials.

10. Warranties

TBAfit warrants: it has the authority to grant this license; the API performs as documented under normal use; and it will use commercially reasonable efforts to maintain API availability.

You warrant: you have the legal authority to enter this agreement; your Licensed Application complies with applicable law; and you have obtained all required End User consent before transmitting Assessment Data.

11. Disclaimers

THE API IS PROVIDED "AS IS" AND "AS AVAILABLE." TBAfit DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. Move-IQ is a fitness tool, not a medical diagnostic device. No warranty is made regarding clinical accuracy, fitness guidance suitability, or regulatory compliance of Derived Data.

12. Limitation of Liability

NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. Your total liability under this agreement is capped at the fees you paid TBAfit in the 12 months preceding the claim, or $5,000 if no fees were paid. These limits apply regardless of the theory of liability and even if a remedy fails its essential purpose.

13. Indemnification

13.1 By You: You indemnify TBAfit against all claims arising from: your Licensed Application; misuse of the API; violation of applicable law; End User claims resulting from misrepresentation of Move-IQ scores or capabilities; and data rights violations in connection with Assessment Data you transmitted.

13.2 By TBAfit: TBAfit indemnifies you against direct infringement claims regarding the API, provided you give prompt written notice, TBAfit controls the defense, and you cooperate fully with TBAfit's defense efforts.

14. Termination

14.1 Convenience: Either party may terminate with 30 days' written notice.

14.2 For Cause: Either party may terminate immediately if the other commits a material breach, provided the breaching party has 30 days to cure after written notice.

14.3 Immediate (No Cure): TBAfit may terminate immediately — no cure period — for: prohibited uses; failure to obtain End User consent; IP challenges; unauthorized key sharing; or reverse engineering.

14.4 Effect: Upon termination for any reason, you must immediately cease all API use, destroy all API Keys, and remove all Derived Data from your Licensed Application. Sections 6, 8, 9, 10, 11, 12, 13, 15, and 16 survive termination.

15. Governing Law and Dispute Resolution

This agreement is governed by the laws of the State of New York, USA. Any dispute arising under this agreement is resolved by binding arbitration under the AAA Commercial Arbitration Rules in New York, NY. You waive all rights to participate in class actions or class-wide arbitration against TBAfit. TBAfit reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction.

16. General Provisions

16.1 Entire Agreement: This agreement supersedes all prior agreements, representations, and understandings between the parties regarding the Move-IQ API. Any amendment is void unless made in a signed written instrument.

16.2 Modification: TBAfit may modify this agreement with 30 days' written notice. Your continued use of the API after the notice period constitutes acceptance of the modified terms.

16.3 Severability: If any provision is found unenforceable, the provision is limited or eliminated to the minimum extent necessary, and the remaining provisions remain in full force.

16.4 No Waiver: Failure to enforce any provision is not a waiver of the right to enforce it later.

16.5 Injunctive Relief: You acknowledge that breach of Sections 3, 4, 6, or 9 may cause irreparable harm to TBAfit for which monetary damages are inadequate. TBAfit is entitled to seek injunctive or other equitable relief without posting a bond or proving actual damages.

16.6 Notices: TBAfit contacts you at the email address associated with your account. You contact TBAfit at support@tbafit.polsia.app.

17. Acceptance

By requesting or using a Move-IQ API Key, you agree to all terms of this API License Agreement. If you do not agree, do not request or use an API Key.

Questions? Contact support@tbafit.polsia.app