Last modified: February 9th, 2023
Version 2.2 (online)
The following End User Terms of Service (“Terms of Service”) governs your access to and use of MapsPeople’s Platform.
Please read the Terms of Service carefully before you start to use the Platform. By using the Platform (defined below), you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not access or use the Platform.
The Platform is offered and available to users who are 18 years of age or older. By using the Platform, you represent and warrant that you are of legal age and legal ability to form a binding contract with MapsPeople and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform. If you are 13 or over, but under 18, you must have your parent or legal guardian’s permission to use the Platform. Please have your parent or legal guardian read these Terms of Service with you. If you are a parent or legal guardian, and you allow your child to use the Platform, then these Terms of Service apply to you and you are responsible for your child’s use of the Platform.
These Terms of Service are subject to occasional revision and change by MapsPeople in its discretion. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted. End User is obligated to read these Terms of Service carefully every time before using the Platform. End User is responsible to check any revisions and changes made to these Terms of Service every time before using the Platform. The current version of the Terms of Service is available at: https://www.mapspeople.com/documents/end-user-terms-of-service. End User’s continued use of the Platform after any changes to the Terms of Service have been made available to End User shall constitute End User’s acknowledgement of such changes to the Terms of Service and agreement to be bound by the terms and conditions of such changes.
“Platform” means MapsPeople’s API, software, SaaS, and online services.
“End User” or "you" means any individual who is using the Platform.
“MapsPeople” means MapsPeople A/S, a limited company organized and existing under the laws of the country of Denmark (entity reg. no. 84059528) and subsidiaries and affiliates, including, but not limited to, MapsPeople Inc. Dupont Hwy., Suite 100, Dover (County of Kent), DE 19901, United States.
Subject to the terms and conditions set forth herein, MapsPeople will use commercially reasonable efforts to make the Platform available to the End User for the End User to use for his/her own, non-commercial purposes on a non-assignable and non-exclusive basis. The End User is not entitled to assign, transfer, sublease or deliver the Platform to any third party.
The Platform is based on third party map technology. The use of the Platform may be conditional on the End User’s acceptance of the third party map technology terms and conditions or any other third party terms to the extent applicable.
End User will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Platform or any software, documentation or data related to the Platform; modify, translate, or create derivative works based on the Platform; use the Platform for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
End User represents, covenants, and warrants that End User will use the Platform only in compliance with Company’s standard published policies then in effect and all applicable laws and regulations. End User hereby agrees to indemnify and hold harmless MapsPeople and its parent companies, subsidiaries and affiliates against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from End Users’ use of the Platform. Although MapsPeople has no obligation to monitor End User’s use of the Platform, MapsPeople may do so and may prohibit any use of the Platform it believes may be (or alleged to be) in violation of the foregoing.
End User shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Platform, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). End User shall also be responsible for maintaining the security of the Equipment, End User’s account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of End User’s account or the Equipment with or without End User’s knowledge or consent.
MapsPeople shall own and retain all right, title, and interest in and to (a) the Platform, all improvements, enhancements, or modifications thereto, (b) any software, applications, inventions, or other technology developed in connection with implementation services or support, and (c) all intellectual property rights related to any of the foregoing.
MapsPeople is entitled to terminate or suspend End User’s access to the Platform at any time, with or without notice.
The Platform may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by MapsPeople or by third-party providers, or because of other causes beyond MapsPeople’s reasonable control, but MapsPeople will use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
THE MATERIALS ON THE PLATFORM ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MAPSPEOPLE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE PLATFORM. MAPSPEOPLE AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, RESELLERS, DISTRIBUTORS AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO END USER’S USE OF THE PLATFORM. END USER UNDERSTANDS THAT USE OF THE PLATFORM IS AT END USER’S OWN RISK AND THAT MAPSPEOPLE PROVIDE THE PLATFORM ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” END USER BEAR THE ENTIRE RISK OF USING THE PLATFORM. MAPSPEOPLE DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE PLATFORM. TO THE EXTENT PERMITTED UNDER THE END USERS’S LOCAL LAW, MAPSPEOPLE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. THE END USER MAY HAVE CERTAIN RIGHTS UNDER THE END USER’S LOCAL LAW. NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. END USER ACKNOWLEDGES THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. MAPSPEOLE DOES NOT GUARANTEE THAT THE USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WILL NOT OCCUR, NOR DOES MAPSPEOPLE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, MAPSPEOPLE AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, RESELLERS, DISTRIBUTORS AND VENDORS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), AND THEIR OFFICERS, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES, SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, LIABILITIES, ETC. WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF SERVICE OR ANY TERMS AND CONDITIONS RELATED THERETO OR TO THE PLATFORM OR THE END USER’S USE OF THE PLATFORM UNDER ANY CONTRACT, NEGLIGENCE, RESTITUTION, STRICT LIABILITY OR OTHER LEGAL THEORY: (A) FOR ANY USE OF THE PLATFORM OR ANY ERORS OR OMISSIONS IN THE PLATFORM AND DATA AND INFORMATION PROVIDED ON OR VIA THE PLATFORM; (B) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF THE PLATFORM OR THE DATA OR INFORMATION PROVIDED ON OR VIA THE PLATFORM OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (C) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (D) FOR ANY MATTER BEYOND MAPSPEOPLE’S REASONABLE CONTROL; OR (E) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED USD 1,000.00, IN EACH CASE, WHETHER OR NOT END USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END USER DOES, ON BEHALF OF THEMSELVES AND ANYONE CLAIM THROUGH YOU, HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE MAPSPEOPLE, ITS EMPLOYEES, SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND ANY OTHER INDIVIDUALS ASSOCIATED WITH MAPSPEOPLE, THE PLATFORM (“RELEASED PARTIES”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH THE RELEASING PARTIES MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF THE PLATFORM.
END USER FURTHER AGREES TO DEFEND, INDEMNIFY, SAVE, AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LAWSUITS, LITIGATION, ATTORNEYS FEES, EXPENSES, OR ARBITRATIONS ARISING OUT OF ANY END USER’S ACTIONS, EITHER INTENTIONALLY OR NEGLIGENTLY, DURING THE USE OF THE PLATFORM.
END USER FURTHER ACKNOWLEDGES AND AGREES THAT ANY OF END USER’S ACTIVITIES RELATING TO THE PLATFORM SHALL BE PURELY VOLUNTARY AND CONDUCTED AT END USER’S OWN CHOICE. END USER HEREBY ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF THE PLATFORM, INCLUDING ALL RISKS OF PERSONAL INJURY OR PROPERTY DAMAGE.
Subject to the arbitration provisions below, (i) if you are located outside of the United States or its territories, these Terms of Service and all matters arising out of or relating thereto shall be governed by and construed in accordance with the laws of the country of Denmark without giving effect to any choice or conflict of law provision or rule (whether of the country of Denmark or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the country of Denmark and any dispute, controversy or claim arising out of or related to these Terms of Service or any breach thereof or to End User’s use of the Platform (whether contractually or in tort), and including disputes regarding the validity of this Section, shall be subject to the exclusive jurisdiction of the courts located in Denmark and shall be instituted in the City Court of Copenhagen, Denmark, in the first instance (i.e., as the first trial court) and End User hereby consents to the exclusive jurisdiction of such courts or (ii) if you are located within the United States or its territories these Terms of Service and all matters arising out of or relating thereto shall be governed by and construed in accordance with the laws of the state of Texas, United States without giving effect to any choice or conflict of law provision or rule (whether of Texas or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the state of Texas and subject to the arbitration provision below any dispute, controversy or claim arising out of or related to these Terms of Service or any breach thereof or to End User’s use of the Platform (whether contractually or in tort), and including disputes regarding the validity of this Section.
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
These Terms of Service are not assignable, transferable or sublicensable by End User except with MapsPeople’s prior written consent. MapsPeople may transfer and assign any of its rights and obligations under these Terms of Service without consent.
These Terms of Service are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Service, and End User does not have any authority of any kind to bind MapsPeople in any respect whatsoever.
MapsPeople is not liable or responsible to End User, nor be deemed to have defaulted under or breached these Terms of Service, for any failure or delay in fulfilling or performing any term hereof, when and to the extent such failure or delay is caused by or results from acts beyond MapsPeople’s control, including, without limitation, any force majeure event.
Pursuant to 47 U.S.C. Section 230 (d) of the United States Code as amended, MapsPeople shall hereby notify End User that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist End User in limiting access to material that is harmful to minors. If End User has agreed to allow End User’s minor child, or a child for whom End User is legal guardian (a “Minor”), to use the Platform, End User agrees that they shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Platform; and (c) the consequences of any use of the Platform by such Minor.
End User shall not transmit to MapsPeople or upload to the Platform any Harmful Code or use or misappropriate the data on the Platform for End User’s own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.
MapsPeople shall not be liable to End User for any delay or failure of MapsPeople to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of MapsPeople. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by End User in performing any requirements hereunder. These Terms of Service may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Terms of Service by its express terms. The invalidity or unenforceability of any provision of these Terms of Service shall not affect the validity of these Terms of Service as a whole and any such provision should be enforced by authorities, and reconstructed, if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of these Terms of Service, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of these Terms of Service. The section headings used herein are for convenience only and shall not be given any legal import.
If you are located in the United States or its territories, any dispute, controversy or claim arising under, out of or relating to these Terms of Service and any subsequent amendments of these Terms of Service, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach, or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. End User agrees to the entry of injunctive relief to stop any lawsuit or to remove End User as a participant in such a suit. These Terms of Service does not constitute a waiver of any of End User’s rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing End User from bringing, joining, or participating in class action lawsuits is an independent covenant. End User may opt-out of this Section by providing written notice of End User’s decision within thirty (30) days of the date that End User first uses the Platform.
Acknowledgement of these Terms of Service takes place simultaneously with End User’s use of the Platform.