Terms and Conditions
9 May 2019 (Version 1)
There are the Terms and Conditions (the “Terms”) of use for geoapify.com website, pages linked to the website, as well as it’s subdomains (collectively, “Sites”).
The website is owned by Geoapify GmbH (“Geoapify”), registered at Bürgermeister-Heinrich-Straße 6, 86415-Mering, Germany. Amtsgericht Augsburg HRB 33478.
The purpose of the website is to provide APIs (collectively, “APIs”) related to digital maps and components, as well as Mapifator geospatial solution builder product (“Mapifator”).
By using the APIs, Mapifator, or any other services provided on the Sites (collectively, “Services”), you acknowledge that you have read, understood, and agree to be bound by the Terms and any future modifications to this agreement. If at any time you do not agree to all these Terms, please immediately terminate your use of the Services. You, on your own behalf and on behalf of your company, acknowledge that these Terms are binding and enforceable on you and your company (collectively, “You” or “Subscriber”).
Using the Services
- There is no entitlement to the use of the Service. Geoapify reserves the right to deny any requests for use without explanation. Registration is a prerequisite to use our services.
- Registration is only open to Subscribers who are of age and legally competent. Minors may not register. For a legal entity, the registration has to be completed by a legally competent and authorized representative, natural person.
- The contact details and other information required by Geoapify during the registration process must be complete and correct. The registration of a legal entity requires the additional designation of an authorized representative, natural person.
- You must agree to the Terms when registering a new account.
Tariff plans and usage limits
- Geoapify offers Free and non-Free tariffs for the Services. Please read about our Pricing model.
- The commercial use of the Free-package is allowed in the development phase and for the production phase on inquiry, please contact us.
- All none-Free packages require a recurring monthly payment, where the price in euro or US dollar depends on the contract length and the tariff plan type.
- Every tariff plan contains usage limits.
- Geoapify reserves the right to suspend the Services for a subscriber of Free tariff when usage limits are spent.
- Geoapify reserves the right to apply additional charges to a Subscriber of non-Free tariff if you go over the quota. The charges will be equal to a difference between the Subscriber tariff and tariff corresponding to the actual usage.
Charges and payments
- Charges and payments are managed by the external online payment processor (2checkout). Geoapify does not store, and does not have access to your credit card or account numbers.
- All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense unless otherwise provided by applicable law.
- You may cancel at any time. There is no required length of time associated with using the Services, but we do not give pro-rated refunds for unused time if cancellation is initiated during the middle of a subscription period.
- The VAT is applied to European customers.
- Provide a VAT identification number in registration details to apply the reverse charge procedure.
- Geoapify is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Geoapify. Currency exchange settlements will be based on agreements between you and the provider of your credit card or other payment methods.
Rules and Conduct
- You are responsible for all of your activity in connection with the Service and agree not to use the Service for any purpose that is prohibited by the Terms.
- You agree not to use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
- You agree not to take any action that imposes or may impose (as determined by Geoapify in its sole discretion) an unreasonable or disproportionately large load on Geoapify’s (or its third-party providers’) infrastructure.
- You agree not to interfere with or attempt to interfere with the proper working of the Service or any activities conducted on the Services.
- You agree not to bypass or attempt to bypass any measures Geoapify may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services)
- Geoapify reserves the right, in its sole discretion and without liability to you, to disable your access to the Service in the event of any breach of the provisions of this clause.
Privacy and data protection
- OpenStreetMap attribution is always required when using the Services.
- Geoapify attribution is mandatory when using free subscription plans.
- You agree to provide attribution when required.
- The Service and the Site are provided to you on an “as is” basis.
- If the Services are inadequate, because their viability for contractual use is not insignificantly impaired, Geoapify is liable according to the legal requirements for material and legal defects.
- The Subscriber is obligated to report defects to Geoapify immediately. Warranty claims for defects expire within one year.
- The Service Level Agreement (SLA) is 99.5% availability within every month. If less than 99.5% availability (but more than 99%) is reached then a discount of 10% is provided. If less than 99% is reached a 50% discount is provided. For custom packages, different SLA requirements can be arranged.
- Geoapify does not warrant that your use of the Services will be uninterrupted or error-free; nor that the Services and/or the information you obtain through the Services will meet your requirements.
- While Geoapify will use its best efforts to maintain the Service, Geoapify cannot guarantee that the Service will be error-free and uninterrupted.
- Geoapify is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service and Site may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
- Geoapify cannot guarantee a specific outcome resulting from your use of the Service and is not responsible for decisions you make as a result of using the Service.
- Geoapify retains the right to suspend, terminate or change the operation of the Service or Site for any reason at any time without notice.
- Geoapify will not be liable for any loss, damage, expense or costs suffered by you as a result of suspending or withdrawing the Service or Site or terminating your account.
- Geoapify grants you a non-exclusive, non-transferable, non-sublicensable license to use and access our services.
Limitation of liability
The parties shall assume mutually liable in cases of intent or gross negligence for all damages caused by them as well as their legal representatives or proxies. In cases of slight negligence, the parties assume liability in the event of injury to life, body or health. In any other event, a party is only liable, if they have violated a substantial contractual obligation. In these cases, the liability is limited to the foreseeable, predictable ensuing damages. Geoapify’s liability regardless of culpability pursuant to defects at the start of the contract will be excluded. Liability according to product liability law remains unaffected.
The laws of Bavaria, Germany, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the courts of Augsburg, Germany, and you and Geoapify consent to personal jurisdiction in those courts.
Changes in agreement
Geoapify reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us by email – [email protected]