End user terms of service
Version 2.0 – April 25th, 2017
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.
Changes to End User Terms of Service
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/terms. 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” 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).
Scope of the License Right
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 Google Maps API from Google Inc., Mountain View, CA 94043 and services from Google Maps/Google Earth. The use of the Platform is conditional on the End User’s acceptance of the following terms and conditions from Google. Furthermore, the End User accepts that Google from time to time has the right to accept their terms and conditions, including that the terms and conditions applicable from time to time also apply if Google moves the terms and conditions to other links. Google’s terms and conditions at present are as follows:
- the Google Terms of Service (the “Universal Terms)
- the Google Maps/Google Earth APIs Terms of Service (the “Google Maps API Standard Plan”)
- the Google Maps APIs Master Terms (the “Google Maps API Premium Plan”
- the Google Maps/Google Earth Legal Notices (the “Legal Notices”)
Restrictions and Responsibilities
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.
Using Third-Party Apps and Services
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.
Termination and Suspension
MapsPeople is entitle to terminate or suspend End User’s access to the Platform at any time, with or without notice.
Warranty and Disclaimer
MapsPeople shall use reasonable efforts consistent with industry standards to maintain the Platform in a manner which minimizes errors and interruptions in the Platform. 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. 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 YOUR 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 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.
Limitation of Liability
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 ERORRS 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.
Governing Law and Jurisdiction
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.
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 Aalborg, Denmark, in the first instance (i.e., as the first trial court).
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
Acknowledgement of these Terms of Service takes place simultaneously with End User’s use of the Platform.