Mappable: Terms of Use
These Terms of Use of Mappable (“Agreement”) constitute an offer by MAPPABLE TECHNOLOGIES — L.L.C — O.P.C (“Mappable”) to any Internet user (“User”) to use Mappable (“Service”) on the terms set out below:
1. General
1.1. Use of the Service by the User shall be governed by this Agreement and by:
the Privacy Policy available at: https://mappable.world/legal/privacy
(jointly — “Regulatory Documents”).
Each User shall read and understand all of the Regulatory Documents and shall bear the risk of failure to do so on his/her own.
1.2. This Agreement and any relations between Mappable and the User regarding the use of the Service shall be governed by the applicable law. Any disputes arising out of or in connection with these Terms of Use shall be subject to the jurisdiction of the DIFC courts (including Small Claims Tribunal for claims). If Company and the User fail to reach agreement, the issue may be resolved in court at the location of Company.
1.3. The User shall solely be liable for compliance with Laws in the course of using the Service. In this Agreement, unless otherwise expressly provided, the term “Laws” shall refer to both the English law. If the use by the User of any option offered by the Service is in conflict with any laws of the law of User’s residence, such User may not use the Service.
1.4. By using the Service, receiving the API Key, posting the Service code on the User’s website or in the User’s application (subject to sending by the HTTP of the Referer header allowing an unambiguous identification of the User’s website or application; for mobile applications, the Referer shall be sent in the format: http://identifier_oftheapplication_in_store.mmappapp), or using any other functionality of the Service, the User expresses its full and unconditional consent with all terms of the Regulatory Documents and undertakes to comply therewith. It is possible to use the Service under any term other than those specified in this Agreement only by written agreement with Mappable. Should any disagreement with the terms of the Regulatory Documents occur, the User may not use the Service.
2. Terms of Use of the Service
2.1. The Service is a suite of programming tools and interfaces enabling interaction with the Mappable services, including with such services' Data, and allowing use of the functionality of the aforementioned services on a User’s website (s) or applications.
2.2. Terms and Definitions.
“Data” means any information received from the Service that is to be displayed to Users, including, without limitation, cartographic works, satellite images and any other photographs and user data.
“Copyright Holders” means individuals and legal entities that hold valid rights to the Data.
“Geocoder” means a function of the Service that transforms addresses of objects into their coordinates on a map or a satellite image and vice versa, i.e. coordinates on a map or a satellite image into addresses of objects.
“Router” means a function of the Service that enables automated routing in the Service.
“Panoramic Pictures” means a function of the Service that enables search for and display of panoramic photographs of a location.
“API Key” means a unique ID issued to the User and making Service functions accessible from their website or mobile application.
“Static API” means a function of the Service that enables receipt of the Data in the form of a static image.
“Map Constructor” means a function of the Service that enables Users to create maps containing their own objects.
“JavaScript API” means a programming library of the Service that enables using the Service in a browser.
“MapKit” means a development toolkit that enables using the Service on iOS and Android mobile devices.
“HTTP API” means a server API that enables access to certain functions of the Service, including, without limitation, the Geocoder and the Static API.
2.3. The Service may only be used subject to the following conditions:
2.3.1. To use the JavaScript API, HTTP API Geocoder, and MapKit services, the User shall file an application on email sales@mappable.world using the established form and obtain an API Key.
2.3.2. Upon receipt of the API Key (applicable to JavaScript API, HTTP API Geocoder, and MapKit), the User shall post the Service access code on the website or in the application. Mappable may, at own discretion, deny access to the Service without giving any reason.
2.3.3. A User may use the Service only within the websites or applications available to the public for free open use. The Service may not be used for projects requiring payment or otherwise limiting third party access thereto. The registration requirement shall not be deemed an access restriction hereunder.
2.3.4. A User may only use the Data, functions and tools received through the Service within the functionality provided by the Service.
2.3.5. Mappable reserves the right to set any limits and restrictions, including, without limitation, in respect of the sizes, volume, color scheme of and number of images on maps, sketches or satellite images provided through the Service, and may modify the same at its own discretion without prior notice to Users.
2.3.7. The User is hereby notified and agrees that when using the Service by the User, Mappable will be automatically collected, transmitted and stored on Mappable servers including, but not limited to, the Internet Protocol (IP) address and ID address of the website visitors' device or applications of the User, geolocation information about visitors of the websites or applications of the User. The User guarantees that he has received the appropriate consent from visitors to the websites or applications of the User to collect, transmit and store the specified information on Mappable servers.
2.3.8. Each User shall place a hyperlink to the Terms of Use for Mappable Service (available at https://mappable.world/legal/tos) in the “About” or any other similar section of his/her mobile application, such hyperlink shall read “Terms of Use for Mappable Service”.
2.3.9. Geocoding, Router and Panoramic Pictures:
2.3.9.1. The Geocoder function may only be employed for websites or applications that use the Service. Each User may process any obtained coordinates only to display the same through the Service
2.3.9.2. The Router may only be used for websites or applications that use the Service.
2.3.10. LIMITATIONS. In the course of using the Service, no User may:
2.3.10.1. Alter, decompile and/or otherwise modify the program code obtained using the Service.
2.3.10.2. Delete, conceal or modify the Data or alter the order or sequence thereof and any information contained in the Service or the Data, including, without limitation, any promotional materials, trademarks, logos, links or other references to the Copyright Holders or any other notices and/or information transmitted by the Service along with the Data.
2.3.10.3. Create, on the basis of the Service, any systems for monitoring vehicles, persons or other objects that would display real-time information or any other dispatch/control-related services.
2.3.10.4. Save, process or alter the Data obtained through the Service (including geocoding and routing results), other than temporary storage (caching) of geocoding and route building results solely for the purposes of improving the functionality and efficiency of the Service and for the use within the Service capacity, for a period not exceeding 30 days.
2.3.10.5. Use the Service to develop any websites/applications violating the English laws or any other applicable laws or third-party rights and legitimate interests or conflicting with the requirements of cl. 2.3.11.
2.3.10.6. If a User’s website or application has a daily audience of more than 100,000 users, such User shall, prior to using the Service, contact Mappable by email at: support@mappable.world and specify the name of such website or application and the daily user audience thereof. This requirement is intended to ensure ultimate performance of such websites or applications of Users.
2.3.11. User Content. The User:
2.3.11.1. shall be responsible for compliance of any content posted by the User with applicable legal requirements including responsibility to third parties in case posting by the User of any content or its subject matter infringes on rights and legitimate interests of third parties including personal non-property rights of authors, any other intellectual property rights of third parties and/or encroaches on other intangible assets.
2.3.11.2. acknowledges and agrees that Mappable is not under obligation to review any content posted and/or distributed by the User through Mappable services and that Mappable has the right (but shall not be obliged to) at its discretion to prohibit the User from posting and/or distributing content or may remove any content available through Mappable services. The User acknowledges and agrees that the User shall independently assess any risks related to using content including its reliability, validity or usefulness.
2.3.11.3. acknowledges and agrees that technologies of service operation may require reproduction (replication) of User content by Mappable as well as its processing by Mappable for compliance with technical requirements of a particular service.
2.3.12. Amendments and versions. Mappable reserves the right to at any time amend/revise or update the Service without prior notice to Users. Upon release of a next stable version, Mappable shall publish a notice to that effect on the Service’s webpages. Upon release of a new version, Mappable does not guarantee a stable and sustainable performance of the old version. Each User who refuses to use any updated version of the Service may either continue using the outdated version at his/her own risk or cease using the Service by removing the relevant code from his/her website (s)/application.
2.3.13. Advertising. Mappable reserves the right to, at its own discretion, include any advertisements in the Data provided and displayed by the Service.
2.3.14. In case of exceeding the limits of use specified in cl. 2.3.10, Mappable may terminate the User’s access to the Service by blocking the API Key issued to the User.
3. Rights and Copyright Holders
3.1. Mappable represents and warrants that it owns, holds a proper license in, or otherwise has all necessary rights and permissions to use the Service and provide it to User. The exclusive rights to the Data (including cartographic data, photos, promotional materials, any trademarks, logos or company names) are vested in Mappable or the Copyright Holders. This Agreement does not grant to the User any rights to use the Service or the Data except to the extent expressly provided in the Service interface in accordance herewith.
3.2. By using the Service, each User grants to Mappable the right to use such User’s logo, trademark and/or company name and/or website/application for information, advertising and marketing purposes related to the Mappable API services, among other things, without obtaining such User’s additional consent and with no remuneration payable to such User for such use.
4. Disclaimer
4.1. The Service (including the Data and any other information delivered with the help of the Service) is provided on an “as is” basis. No guarantee is given by Mappable that the Service and the Data will meet User’s objectives and expectations, nor that the Service as a whole and/or certain components and/or functions thereof will operate seamlessly and error free, nor that the Data obtained through the Service is true, accurate, complete and up-to-date. Mappable shall not be responsible or liable for any loss, including any damage (whether direct or consequential) caused to Users or third parties by the use of, or inability to use, the Service, its certain components and/or functions and by the use or inability to use the Data obtainable through the Service.
4.2. The User will be held solely liable, in full, for using and safekeeping their API Key. The User may not obtain an API Key for a third party, nor transfer or provide it to a third party. Mappable will not be held liable for unauthorized use of the API Key by a third party. Any action performed in the Service using the User’s API Key will be deemed to be performed by the User.
4.3. Each User shall be solely responsible for assessing the accuracy, reliability and utility of the Data and shall bear all the risks associated with the use, or inability to use, the Service and the Data, and shall also be liable to third parties for his/her acts committed in the course of using the Service and the Data, including for compliance of such acts with laws and observance of third party rights and legitimate interests. Each User shall, at his/her own discretion and expense, settle any claims and/or actions related to the acts of such User committed in the course of using the Service.
4.4. Each User acknowledges and agrees that the use or placement of, or reference to, any information in the Service on any entities, enterprises, persons, goods or services, including any references and/or links within the Data and the Service, is for information purposes only and shall not be deemed to express any specific support, approval or recommendation by Mappable.
5. Final Provisions
5.1. Mappable may, without notice and at its own discretion, terminate or suspend access to the Service or its certain functions for the User by their Personal Account and/or API Key, without giving any reason, particularly, when the User violates the requirements of this Agreement.
5.2. All questions and claims relating to the use of, or inability to use, the Service shall be sent at: support@mappable.world
5.3. Mappable may at any time and without notice modify this Agreement, any Regulatory Document and/or any other terms of use of the Service. The current version of this Agreement shall be available at: https://mappable.world/legal/tos. The risk of failure to read and understand any new version of this Agreement or of any Regulatory Document shall be borne by the User, provided that continuation of use of the Service following amendment of any terms of this Agreement and/or of any Regulatory Document shall constitute consent to the Agreement and such Regulatory Document as amended.
6. Information on right and information holders
6.1. Relevant information on right and information holders can be found at: https://mappable.world/legal/rightholders.
6.2. MapKit includes third-party software as individual components. Relevant information on such MapKit third-party software can be found at: https://mappable.world/legal/components.
Date of publication: 03.05.2023