End User Terms of Service
Last modified: January 18th, 2017
“Platform” shall mean MapsPeople API, Software and online services. “Business Partner” is a reseller of the Platform that has concluded an agreement with MapsPeople granting the Business Partner the right to sell the licenses to use the Platform, “End Customer” shall mean any business entity, person or other End User (regardless of whether organized as a business entity, a not-for-profit organization or a consumer) who through a Business Partner has been licensed to the Platform. All the terms and conditions of the MapsPeople Terms of Service apply for End Customer – regardless of whether they are directed at the End Customer or the End User. “End User” shall mean any person or other end user who through an End Customer has been licensed and granted access to the Platform. “Parties” shall mean MapsPeople, Business Partner, End Customer and End User.
Scope of the License Right
MapsPeople hereby assigns to the End User a non-assignable and non-exclusive right to use the Platform. The right of use applies to the extent which appears in the agreement between MapsPeople and the End Customer. 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”) and
MapsPeople has the full copyright to the Platform and ancillary documentation etc. which is protected under the Danish Copyright Act (“lov om ophavsret”).
The End User is not entitled to break or change any safety codes and is not entitled to change or move any specifications in/on the Platform inserted/attached by MapsPeople concerning matters concerning rights, trademarks or the like.
The End User is not entitled to sell/lease/lend or in any other way to assign or transfer the use of the Platform to any third party.
The End User’s Platform Choice
The Platform is delivered by MapsPeople “as is” with the functions which appear from the available specifications for the Platform drawn up by MapsPeople,
The End User is granted the licence to the Platform in its present state and condition.
MapsPeople does not warrant that the operation of the Platform will be without interruptions and non-defective. Further, MapsPeople does not warrant that all Platform defects will be remedied.
Liability and Limitation of Liability
MapsPeople shall accept product liability under the general provisions of Danish law. MapsPeople shall not bear liability for any data use on the part of the End User. If the End User has any basis for recovering damages (including breach of these Terms), the End User agrees that the exclusive remedy is to recover from MapsPeople or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to $10.00. The End User cannot recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, loss of data, use of data forecast revenue, savings or punitive or other indirect or consequential loss, or for any failure by MapsPeople to meet its obligations as result of force majeure. These limitations and exclusions apply even if this remedy does not fully compensate the End User for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms and the use of the Platform.
In any situation, MapsPeople’s liability is limited to – at MapsPeople’s own discretion – error recovery or replacement of the Platform.
None of the parties can be held liable for conditions which are beyond their control, and which the party in question was not expected to have taken into account at the time of signing this agreement, nor expected to have avoided or surmounted. Force majeure is for instance wars, general strikes, riots and natural disasters.
If the End User should breach these Terms and Conditions, the license right and the right to access and use the platform is terminated immediately, and the End User can be excluded from access to the Platform and the ancillary documentation by MapsPeople without any compensation. In addition to this, MapsPeople is entitled to claim compensation from the End Customer for any direct loss which MapsPeople has suffered under the general Danish law of damages.
The right of use is assigned as not limited in time, and thus the right is only terminable in case of breach of these Terms and Conditions.
Breach of Contract
If this Agreement is breached, the injured party shall be entitled to exercise its rights arising from the breach under the general provisions of Danish law.
Any dispute between the Parties arising out of this Agreement shall be resolved under Danish law. The place for the arbitration shall be Aalborg, Denmark. The language to be used in the arbitral proceedings shall be English. Any dispute between the Parties, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration administered by The Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced.
Additional conditions for End Customers
The End Customer shall take measures to ensure that the Platform and ancillary documentation, manuals etc. are kept confidential in relation to companies or persons who cannot be considered to be relevant according to these MapsPeople Terms of Service. The End Customer is responsible for the Platform fulfilling its needs.
MapsPeople’s obligation to remedy defects is terminated if the defects found are due to erroneous application of the Platform with ancillary documentation or breach of these Terms and Conditions on the part of the End Customer. If, without MapsPeople’s consent, the If End Customer allows anyone but MapsPeople to make changes to the Platform, MapsPeople’s obligation to remedy defects is terminated.
Changes to the Agreement
Any amendments to these MapsPeople Terms of Service can be made by MapsPeople with a notice of 3 months and become effective with regard to Platform after the expiry of such notice. The Customer will be able to see the pending version of the terms at https://www.mapspeople.com/terms.
Using Third-Party Apps and Services
MAPSPEOPLE, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE PLATFORM. YOU UNDERSTAND THAT USE OF THE PLATFORM IS AT YOUR OWN RISK AND THAT WE PROVIDE THE PLATFORM ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU 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, WE 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. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THAT THE USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WILL NOT OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
Separate license terms for MapsPeople API
Permission is hereby granted, free of charge, to any person obtaining a copy of the MapsPeople API and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Acknowledgement of these Terms and Conditions takes place simultaneously with the use of the Platform.