Terms of Service

These Terms of Service ("Terms") govern the relationship between Mappinest represented by Mappinest vl. Boris Vitlic, Ekonomija 7, Tucepi, Croatia (“Mappinest”, “we”, or “us”) and our customer(s) (“Customer” or “you”). By using our APIs, products (the "Products") and related services (the "Services") you agree to be bound by the following Terms, which may be updated from time to time. Please read them carefully. If you don’t agree to these Terms, you may not use the Services and Products.

Signing up

• You must register for an account through the Mappinest Website to access and use Mappinest Services and Products.
• You must be 13 years or older to use the Services and Products. By registering as a user or providing personal information on the site, you represent that you are at least 13 years old.
• In order to use most Services and Products, you must register for or authenticate into a Mappinest account. When you use our application program interfaces (APIs), each request to an API must include one of your account's unique API keys.

API keys, tokens, and usage

If you are issued API keys/tokens, you must keep them secure and are responsible for all activity that occurs using them. You must not share tokens publicly, attempt to bypass access controls, or interfere with the operation of the Services.

We may apply rate limits, quotas, or usage restrictions to protect the Services and other users.

User Content

• User content means any material that you upload to us in the course of using our Services. We are not responsible for any loss or corruption of the User Content uploaded to us. You retain all rights and ownership of your User Content.
• When you upload any User Content to us, you grant us a non-exclusive, worldwide, royalty-free, perpetual, sublicensable, and transferable license to use, host, store, cache, and display the User Content, but only for the purpose of operating and providing our Services to you.
• By uploading your User Content to us, you agree that you have: (a) all necessary licenses and permissions to use your User Content; and (b) the rights necessary to grant the license specified in this section.
• You will indemnify us and our partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your User Content, your use of the Services or your violation of these Terms or other applicable Special Terms.
• On termination of your account, Mappinest will make reasonable efforts to promptly remove from the site and cease use of Your Content; however, you recognize and agree that caching of or references to the content may not be immediately removed.

Privacy Policy

Your privacy is important to us. Please read our Privacy Policy to understand how we collect, use, and share information about you. By using the Services, you acknowledge that your data will be processed in accordance with our Privacy Policy.

Our Content

• Our content means any material that we create and make available to you in the course of providing our Products and Services. We retain all rights and ownership of our Content.
• Logos and product names appearing on or in connection with the Services and Products are proprietary to Mappinest or our licensors. You may not remove any proprietary notices or product identification labels from the Products and Services.
• When you use our Services and Products, you are granted a limited, non-exclusive, non-transferable license to access and use our Content for your personal or internal business purposes, subject to these Terms.
• When using Map Content, the Customer is required to add "© Mappinest" when displaying basemap styles. This should hyperlink to https://www.mappinest.com/copyright.
• If the Map Data being used is based on OpenStreetMap data, the Customer is required to add "© OpenStreetMap" when displaying maps. This should hyperlink to: https://www.openstreetmap.org/copyright.
• Some map styles are created from commercial or other data sources requiring attribution. Mappinest attribution with the proper link complies with these requirements.
• For software containing a map based on the Map Data, the attribution should appear in a corner of the map, with a clickable link.
• For printed maps, images or video recording, a similar attribution should be made in a clearly visible textual description near the map.
• The attribution must always be visible and readable on any screen or medium. On small screens (mobile phones), the attribution may be available behind a contextual popup window displaying only the attribution itself - openable with one click/tap from a map.

Charges and Payment

• You agree to pay all fees owed for your use of the Services or Products, as calculated by our records and based on (i) our publicly available pricing, currently located at www.mappinest.com/pricing.
• All charges are non-refundable unless expressly prohibited by applicable law. We or a third party acting on our behalf or pursuant to our instructions (“Payment Partner”) may invoice and charge you on a recurring basis for any amounts that you owe us, some of which may require advance payments.
• You acknowledge and agree that failure to use the current version of Mappinest SDKs may result in potentially different (and higher) fees being charged to you, and agree to pay any such fees as calculated by us.
• Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by us in collecting such delinquent amounts.
• We are not responsible for any bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Mappinest or a Payment Partner. Currency exchange settlements will be based on agreements between you and the provider of your credit card or your bank.
• Our listed fees, whether on this site or accompanying our offering of the Services and Products, do not include taxes, and you agree to pay all sales/use, gross receipts, value-added, GST, personal property or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms, other than taxes based on our net income, employees or real property. You agree to work with us and our Payment Partners to help us obtain any necessary withholding or royalty tax exemptions where applicable.
• Notwithstanding the foregoing, all payments made by you to us under these Terms, whether directly or through a Payment Partner, will be made free and clear of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us after such deduction or withholding, will be equal to the full amount that we would have received if no deduction or withholding had been required. The payment of any taxes, charges or fees required to be deducted or withheld from payments due to us, and the filing of any information or tax returns with respect thereto, shall be your responsibility. Upon your reasonable request, we will provide you with any existing tax forms in our possession that would reduce or eliminate the amount of any such withholding or deduction for taxes.
• You acknowledge that the Service is digital content and that by starting to use the Service (e.g., generating API calls), you lose your right of withdrawal under EU consumer protection laws.
• **EU Right of Withdrawal Waiver:** You acknowledge that the Service constitutes digital content that is not supplied on a tangible medium. You expressly consent to the immediate performance of the contract and acknowledge that you thereby lose your right of withdrawal from the contract once the Service has started (e.g., once you generate your first API key or make an API request).

Account cancellation or suspension

• We don't want you to leave, but you may cancel at any time. However, we do not give pro-rated refunds if you cancel during the middle of a billing cycle. If you breach any of these Terms, the limited license granted to you hereunder automatically terminates without notice to you and we may immediately without notice cancel or suspend your account. In addition, Mappinest may cancel or suspend your account for any reason by providing you 30 days' advance notice.
• Upon any termination of the limited license, you agree to immediately destroy any materials or other data or content provided by, downloaded from, or otherwise accessed through the Services. Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account.
• You are responsible for backing up data that you use with the Services. If we cancel your account in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we cancelled your account.

Changes to services or terms

• We may modify these Terms and other terms related to your use of the Services or Products from time to time, by posting the changed terms on this site's page. All changes will be effective immediately upon posting to the site unless they specify a later date. Changes will not apply retroactively. Please check these Terms periodically for changes - your continued use of the Services after new terms become effective constitutes your binding acceptance of the new terms.
• We may change the features and functions of the Services, including APIs. It is your responsibility to ensure that calls or requests you make to the Services are compatible with our then-current APIs. We attempt to avoid changes to our APIs that are not backwards compatible, but such changes may occasionally be required. If that happens, we will use reasonable efforts to notify you prior to deploying the changes.

Feedback

• You agree that we may freely exploit and make available any and all feedback, suggestions, ideas, enhancement requests, recommendations or other information you provide to us relating to the Services.

Disclaimers

"As is," "as available" and "with all faults." YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES, MAPS, AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Mappinest DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Mappinest OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Website operation. Mappinest DOES NOT WARRANT THAT THE SERVICES, INCLUDING ANY SOFTWARE, SERVICES, MAPS, OR CONTENT OFFERED ON OR THROUGH THE SITE, OR ANY THIRD-PARTY SITES REFERRED TO ON OR BY THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

Non-Mappinest content. WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD-PARTY CONTENT ("NON-MAPPINEST CONTENT"), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-MAPPINEST CONTENT. UNDER NO CIRCUMSTANCES WILL Mappinest BE LIABLE FOR OR IN CONNECTION WITH THE NON-MAPPINEST CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON-MAPPINEST CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY NON-MAPPINEST CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-MAPPINEST CONTENT.

Accuracy. Mappinest DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, OR ANY THIRD-PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Harm to your computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES, MAPS, OR CONTENT THROUGH THE SITE, OR ANY THIRD-PARTY SITES REFERRED TO ON OR BY THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.

Jurisdiction. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

Limitation of liability

Limitation of liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING NEGLIGENCE, SHALL Mappinest OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SERVICES, THE SITE, INCLUDING SOFTWARE, SERVICES, MAPS, CONTENT, USER SUBMISSIONS, OR ANY THIRD-PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF Mappinest OR A Mappinest AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF Mappinest OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS THE SERVICES OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID OR PAYABLE BY YOU TO Mappinest HEREUNDER IN THE TWELVE MONTHS PERIOD PRIOR TO THE DATE ON WHICH THE DAMAGE OCCURRED.

Claim period. YOU AND Mappinest AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO Mappinest MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Additional terms

• You agree to keep the contact information associated with your Mappinest account current and complete.
• You may not encourage others to violate these Terms, including by selling products or services that would violate these Terms if the products or services are used in their intended manner.
• You may not take any action that improperly decreases the fees that you owe us (e.g., create multiple accounts for the purpose of not exceeding the monthly free usage credits). In the event that we discover any such misuse, you agree that we may (in addition to all other remedies) charge you for all fees that you should have paid if you had not improperly used our Services.
• Upon written notice to you, we may (or may appoint a nationally recognized certified public accountant or independent auditor to) audit your use of the Services to ensure it is in compliance with these Terms. Any audit will be conducted during regular business hours, no more than once per 12-month period and upon at least 30 days’ prior written notice (except where we have reasonable belief that a violation of these Terms has occurred or is occurring), and will not unreasonably interfere with your business activities. You will provide us with reasonable access to the relevant records and facilities.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Split or Zagreb, Croatia for the resolution of any disputes arising out of or relating to these Terms or your use of the Services.

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