Terms of Service - Mappy APIs

TERMS OF SERVICE
MAPPY APIs

Hereinafter the “Terms”

Last updated : September 1st, 2010
Document available in PDF format.

ARTICLE 1 – DEFINITIONS

Connection points: means the ends of the Platform connected with the telecommunication networks, intended to receive requests from End Users and to deliver Services to them.

Contents: means the text, icons, screens, maps, routes, the “MAPPY” logo, the Geographic Data, Geocodes, the MAPPY API access codes (login, passwords) or more generally any element made available to the User by MAPPY.

Database: means all the mapping data or other independent elements used in a systematic or methodical manner and individually accessible by electronic means implemented by MAPPY or the User in the context of the Terms.

End users: means the users who benefit from the geographical search services after the integration of the latter on the User’s Website.

Geocode: means the code formed by a Geographic Data coordinate couple in the form (X, Y) enabling the pinpointing of a postal address on a map.

Geocoding: means the operating consisting of associating a Geocode with a postal address or a postal address with a geocode (reverse Geocoding) carried out by the User through the intermediary of the MAPPY API.

Geographic Data: means the geographic data on the basis of which the User operates the MAPPY API. The Geographic Data forms a static representation of a dynamic environment that necessarily involves a certain amount of non-current or invalid information that could lead to certain anomalies in the use of the Services.

Internet: means all the fixed or mobile computing and telecommunications networks interconnected at the world scale and enabling access to information through servers for Internet users.

MAPPY: means the company MAPPY SA, a public limited company with a capital of € 212,000 whose head offices are located at 47, rue de Charonne, 75011 Paris (France), entered in the Trade and Companies’ Register of Paris under number B 402 466 643, an editor of online services notably the mappy.com Website (known hereafter as “the MAPPY site”).

MAPPY API (Application Programming Interface): means the application made available to the User by MAPPY covering a number of MAPPY Services chosen by the User. The MAPPY API enables the User to integrate and customise as desired, and in accordance with the specifications accessible online on the MAPPY Site, all MAPPY Services such as, notably, maps, routes, points of interest and aerial photographs. The MAPPY API operates using two different technologies (AS3 and AJAX) which the User is free to choose. All of the general functionalities of the MAPPY API and its specifications are defined in the MAPPY API documentation made available to the User and accessible by the latter online on the MAPPY Site (known hereafter as the “Documentation”).

Platform: means the computing and/or telecommunications equipment belonging to MAPPY and used by the latter for the operation of the MAPPY API and the Services.

Request: means on a technical point of view the formalised statement of map, route and aerial photo requests from the User’s Website Server to the MAPPY Server. The Request is generated from the MAPPY API, regardless of the technology used by the User, which queries the various MAPPY Servers and formats the results of this request in accordance with the Documentation.

Server: means the computing equipment connected to the Internet and hosting a Website.

Services: means the various geographic search services supplied by MAPPY to the User certified or not by the MAPPY API.

User: means the physical or legal entity editing one or more Internet Sites and subscribing to the Services provided by MAPPY.

Web site: means an interactive electronic service designed, operated and put online on the Internet by the User.

Keys: means the codes granting access to the MAPPY API provided to the User by MAPPY once the User has subscribed to the Services proposed by MAPPY and has created his account. The User undertakes not to open several User accounts in order to obtain additional Keys for the same Service.

ARTICLE 2 – AIM AND ACCEPTANCE OF THE TERMS

The aim of the Terms is to define the terms and conditions according to which the User subscribes to the Services.

Subscription by the User to the Services must be preceded by the consultation and acceptance of these Terms.

The User acknowledges that he has been fully informed of the fact that his agreement concerning the content of the Terms does not require this document to be signed by hand.

Acceptance by the User of the Terms by ticking the corresponding box before confirming his subscription to the Services constitutes proof that he has acknowledged said Terms and is deemed as irrevocable acceptance of the latter to the exclusion of any other general conditions.

The User hereby declares that he possesses full legal capacity to enable him to commit to these Terms, in other words he is legally of age and is not under wardship or guardianship.

ARTICLE 3 – AMENDEMENT OF THE TERMS AND THE SERVICES

MAPPY is free to amend all or part of the Terms or its range at any time. All new versions of the Terms or the range shall be published on the MAPPY Site and shall be applicable to the User. The simple fact that the User continues to use the Services after said publication shall be considered as full acceptance on his part. The User must therefore refer on a regular basis to the most recent version of the Terms available on the MAPPY Site.
MAPPY is free, at any time, to update and to amend the functionalities and the geographic coverage of the Services.

ARTICLE 4– IMPLEMENTATION AND PROVISION OF SERVICES

4.1. Process

The Services are subscribed to via the interface accessible on the site Mappy Connect (http://connect.mappy.com). This subscription is subject to the creation of a User account by completing the compulsory personal information fields (notably name, corporate name if applicable, postal address, email address, telephone).

The personal information form completed by the User when subscribing to the Services is accompanied by a tick box which enables the latter to agree to or refuse this data being used by MAPPY for commercial purposes on behalf of third parties and /or transferred to third parties.

Moreover, by ticking the box corresponding to acceptance of the Terms, the User authorises MAPPY to use electronic communications (emails) for the transmission of interesting information relating to the Services proposed by MAPPY.

At the end of the registration procedure, MAPPY provides the User by email with his login and password so that he can access his User account. The User can then activate the Services to receive the Keys necessary for the implementation of the Services.

Once the Services have been activated, the User can launch the phase for the integration of said Services in his Website by completing the necessary developments and settings under his sole liability.

4.2. Conformity of the Services

The Services are deemed to be in conformity as soon as the User subscribes to the Services.
The User is solely liable for the use of the MAPPY API and the Services provided through his User account and for maintaining the confidentiality of the logins and passwords provided by MAPPY. Any connection to the MAPPY API or transmission of data made using the User’s confidential information shall be deemed to have been made by one of its agents.
In the event of theft of a login and/or a password the User must notify MAPPY within 24 hours by email, and confirm this notification by recorded delivery letter with acknowledgement of receipt.
MAPPY reserves the right during the execution of this contract to change the login and password, notably on the grounds of technical or security issues. In this case, MAPPY shall notify the User of these changes and forward the new access codes as quickly as possible.

4.3. Provision of the Services

MAPPY undertakes to implement all technical resources required to ensure the correct operation of its Platform to enable the routing of Services 24 hours a day and 7 days a week.
To achieve this, MAPPY shall host the online Services on its Platform to ensure that it can fulfil the consultation requests from the End Users, in terms of links and hardware capacity.

4.4. Service Interruptions

MAPPY reserves the right at any time, notably for maintenance reasons, to amend or temporarily or permanently interrupt all or some of the Services and to inform the User beforehand as appropriate. MAPPY cannot be held responsible towards any third party for any amendment, suspension or interruption of the Service.

4.5. Overall Service Quality

Taking into account the complexity of the Internet, the variation in the capacities of the various sub-networks, the peak hours for the users, the various bottlenecks over which MAPPY has no control, MAPPY’s liability is limited to the operation of the Platform, which is defined as ending at the connection Points.

MAPPY shall not under any circumstances accept liability for:
- the speed of access from other sites,
- external speed reductions,
- incorrect transmissions resulting from a failure or malfunctioning of these networks.

Bearing in mind the nature and the complexity of the technologies implemented for the provision of the Services, the User:

- undertakes to apply his professionalism in fulfilling the aim of the latter,
- acknowledges that the Services provided cannot be totally free of errors, anomalies, bugs, interruptions and outages.

The User is required to rectify as quickly as possible any anomalies that may arise in those elements for which he is liable.

4.6. Guarantee on the Geographic Data used for the Services

MAPPY is not under any circumstances liable for the quality and the relevance of the Geographic Data relating to the requests from the End Users made through the Services managed by the User.

MAPPY only guarantees that the raw Geographic Data acquired from its suppliers will be available.

The Parties acknowledge that the quality of the Services supplied by MAPPY is closely linked with the quality of the Geographic Data used and over which MAPPY does not have any control and that this data may change at any time.

ARTICLE 5 – OBLIGATIONS OF THE USER

5.1 The User declares that he holds all the necessary rights enabling it to allow MAPPY to reproduce and represent these elements directly and indirectly in the context of the execution of this Contract.

It is hereby specified that the MAPPY API used for Geocoding is and remains the entire property of MAPPY and shall only be made available to the User to enable the latter to respond to his Requests within the framework of the application of this document and to the exclusion of any other purpose.

The User thus undertakes to use the MAPPY API pursuant to MAPPY’s instructions, and not to communicate or disclose for any reason, free of charge or for payment, to any natural person or corporate entity, the applications, Keys and/or access codes that shall be supplied to it by MAPPY, which remain the entire property of MAPPY.

The User is solely responsible for the secure hosting of the Geocodes and undertakes to take all necessary measures in this regard.

5.2. The User undertakes to put in place the necessary and useful technical resources for, notably, the implementation of the MAPPY API, to integrate the Services, transmit and route the Requests from its Server to the MAPPY Server. The User also undertakes to implement and comply with the procedures and instructions as issued by MAPPY for the use of the Services provided.

5.3. The User acknowledges that the Contents made available within the framework of the Services are protected by law and that their provision is limited exclusively to the aim of said Services. The User therefore accepts that the source of the Content provided by MAPPY shall be automatically integrated in all media which distributes said Content on the Website, including but not limited to maps, routes and aerial photos in the form of a clickable tab.

Moreover, the User undertakes not to forward or disclose the Contents, in any way whatsoever, free of charge or for payment, to any natural person or corporate entity other than his own End Users, in the context of any of the services he offers on the Website.

The User is further prohibited from directly or indirectly extracting, reusing, storing, reproducing, representing or preserving, using any type of medium, by any means and in any form whatsoever, any qualitatively or quantitatively substantial part of the Contents supplied in the context of the Contract, other for the execution of the Contract.

The User further undertakes to inform his Website users of the provisions defined herein and of the conditions of use of the Service(s) provided by MAPPY stating all the relevant warnings and notices.

The User also undertakes to maintain the integrity of the Contents as supplied to it in accordance with this Contract.

5.4 In general terms, the User undertakes to guarantee and compensate MAPPY or any third parties for any complaints, requests, claims or damages whose cause, basis or source relates to non-compliance with the obligations laid down in the Terms or within the framework of the use of the Services.

ARTICLE 6 – NON-COMPETITION

The User undertakes, throughout the term of use of the Services, not to:
- use the geocodes generated by MAPPY for purposes other than the operation of said Services,
- acquire geographic data that is identical or similar to that used in the context of the provision of the Services.

ARTICLE 7 – USAGE AUTHORIZATIONS

MAPPY authorizes the User to use its services free of charge without usage limits except the geocoding service limited to ONE HUNDRED THOUSAND (100 000) requests by day and by key.
In case of the user exceeds ONE HUNDRED THOUSAND (100 000) geocoding requests by day and by key, the user accepts that MAPPY may terminate the contract and that he may not claim any compensation whatever its nature.

ARTICLE 8 – USAGE RESTRICTIONS

The User undertakes, throughout the term of use of the Services, not to use the MAPPY API:
- on websites without any free access (fleet management, etc.) or with an internal access (Intranet/Extranet).
- for navigation. A navigation application is any application/service which includes real-time guidance, in other words any information provided to the End User on the basis of his current position concerning the action which he must take upon approaching a decision point in his journey. In general, navigation includes sensors, an automatic recalculation process in the event of a detour in a journey and the displaying of maps.
- for batch geocoding, in other words geocoding which is carried out on the basis of a file containing a series of automatically processed commands as though the latter were entered on the keyboard by the User one after another.

Moreover, the Services are intended exclusively for those Users whose Websites are not included in any category of prohibited sites such as:
- sites of an abusive, defamatory, racist, xenophobic, negationist character or questioning another’s honour or reputation, inciting discrimination, hatred against an individual or a group because of their origin, whether they belong or do not belong, in reality or presumed, to an ethnic grouping, nation, race or specific religion,
- sites of a sexually explicit, pornographic or paedophilic character,
- sites inciting the commission of a misdemeanour, a crime or act of terrorism or justifying war crimes or crimes against humanity,
- sites enabling third parties to directly or indirectly obtain pirated software, software serial numbers, software facilitating acts of pirating and intrusion into computer and telecommunication systems, viruses or other software bombs and any other software or other tool enabling attacks on the rights of others and the security and safety of others or property,
- and in general, any site with content counter to law and order and public morals, and which could constitute infringement of legal or regulatory provisions or damage the image of MAPPY.

ARTICLE 9 – OWNERSHIP

9.1. Rights granted

In the context of the provision of the Services, MAPPY grants the User the non-exclusive, personal and non-transferable right to use the MAPPY API and the Service(s) for his own requirements and for the use of the End Users.

This right is granted solely for the period of this agreement.

This right includes the right to represent on the Internet the map information, data and images as supplied by MAPPY.

This grant of rights does not imply the transfer of any intellectual property rights to the User, MAPPY retains full ownership of the MAPPY API and the Services, Applications and the elements that form these.

9.2. Guarantee of quiet enjoyment

MAPPY guarantees the User against any action for infringement of rights concerning the elements of the MAPPY API and the Services provided in the context of this Contract, with the exception of the Geographic Data supplied by his supplier.

This guarantee is subject to the following conditions:

- that the User gives notice as soon as possible, in writing, of any action for infringement of rights or of the declaration preceding this action,
- that the User is capable of protecting his own interests and those of MAPPY, and to do this, that the User has collaborated in good faith in this defence by supplying all elements, information and assistance required for the purposes of any such defence.

In the event of a prohibition on use being issued as a result of an action for infringement of rights, or that would result from a settlement signed with the plaintiff in the counterfeiting action, MAPPY will, at its discretion and its own cost, either:

- obtain the right for the User to continue to use the service;
- to amend the elements of the MAPPY API and the Services in question to bring to an
end the said infringement of rights.

The above provisions define the limits of the liability of MAPPY in terms of infringement of patents and copyright arising from the use of the MAPPY API and the Services.

9.3. MAPPY property

MAPPY retains its ownership of:

- the MAPPY API, the Services and the Documentation,
- databases and notably their structures, designed and managed by it for managing the Services,
- all information, elements of know-how, specification documents and in general all the elements of the design of the Services and of their components,
- intellectual and industrial property rights in all the elements in the design of the Services whether graphic or technical,
- Content, trademarks, patents, names, symbols, logos, colours, graphics and other signs that may be used, produced or implemented by MAPPY in the context of this Contract.

The User is therefore prohibited from reproducing in any form whatever, directly or indirectly, the elements as defined in the preceding paragraph, as well as from altering trademarks, patents, names, symbols, logos, colours, graphics and other signs used for the elements supplied by MAPPY, and more generally from using or making use of these elements other than in the context of the rights as granted in the context of this Contract without the explicit written agreement of MAPPY.

The User is prohibited from registering any patent for itself or on behalf of a third party, created and/or produced in the context of this Contract and including notably one or more elements supplied by MAPPY.

9.4. MAPPY trademarks and logo

MAPPY authorises the User to reproduce the “MAPPY” trademark and logo belonging to it or any other trademark it may substitute, in so far as this reproduction is necessary for the execution of this Contract. The User undertakes to ensure that the reproduction of this trademark and logo respect their proportions, graphic charts and colours.

The User further undertakes to respect all of MAPPY’s rights in its trademark, and is prohibited from creating any resemblance in the minds of the public for whatever purpose, and by whatever means.

The User acknowledges that the right of use granted to it for the MAPPY trademark or any trademark it may substitute for this, the distinctive signs and more specifically all the associated intellectual and industrial property rights do not give it any rights whatsoever of ownership and use beyond this Contract. In this case, he therefore undertakes to ensure that there should be no confusion in the minds of third parties concerning this use and the latter’s capacity as an independent company from MAPPY.

ARTICLE 10 – ADVERTISING

The services do not include advertising. However, MAPPY may include and display, at its own discretion, 45 days after giving the information to the user,any form of publicity or advertising content in the MAPPY API without the User being able to raise any opposition whatsoever and without the User being authorised to claim any form of compensation whatsoever.

ARTICLE 11 – LIABILITY

Given the specific nature and the complexity of the Services, it is hereby understood that MAPPY is only bound by an obligation of due care.
It is hereby agreed by the Parties that indirect damages and losses such as, notably, any sales prejudices, order losses, commercial trouble whatsoever, profit losses, or damage to the trademark image, will not be subject to any compensation. Specifically, any action taken against the User by a third party constitutes indirect damage and therefore does not give any right to compensation.
In all events, compensation for damages suffered by the User due exclusively to a fault on the part of MAPPY shall be specifically limited for all causes to the sum of ONE THOUSAND (1,000) euros.

ARTICLE 12 – TERM - CANCELLATION

The Services shall be concluded for an unspecified term.
Subscription to the Services may be cancelled at any time by either Party in writing (post, mail) without the other Party being authorised to claim any compensation.
In the event of non-compliance by the User with these Terms or if the User does not use the Services for more than six (6) months, MAPPY reserves the right to cancel the User's subscription to said Services by simple mail without the User being authorised to claim any compensation whatsoever.

ARTICLE 13 – CONSEQUENCES OF CANCELLATION

When the provision of Services ceases for any reason whatsoever:

- MAPPY shall interrupt the Service(s) within a period of thirty (30) calendar days following cancellation,
- the User shall make every effort to inform the End Users of the termination of the Service(s),
- the User undertakes to return free of charge to MAPPY all documents, information (specifically the Keys and the applications required for the use of the Services) that are still in his possession and not to make any copies of these documents, as well as to stop all use of these elements and in particular of the MAPPY trademark and logo. These returns must take place within a maximum of thirty (30) days with effect from the cancellation date and shall take place when the availability of these elements is notified by a recorded delivery letter with acknowledgement of receipt.

MAPPY is and remains the sole owner of all of these documents and information relating to the services provided in accordance with this contract. The User is therefore prohibited from using any of the latter for his own purpose or transferring the same to any third party, in accordance with the provisions of the “Ownership” article herein.

ARTICLE 14 – NON-TRANSFERABILITY

The Services may not be transferred in part or in their entirety either free of charge or in return for payment by the User without the prior written agreement of MAPPY.

ARTICLE 15 – PERSONAL DETAILS

All the information obtained in the context of subscription to the Services shall be data processed and declared to the "Commission Nationale de l’Informatique et des Libertés” (national committee for computing and freedom).

The User shall be granted a right to opposition to ensure that his details are not used for commercial prospecting purposes by MAPPY or transferred to third parties and a right to access and correct his personal details by writing to: Mappy SA - Données Personnelles - 47, rue de Charonne - 75011 Paris - France, and enclosing a copy of his identity card or passport. Equally the User may exercise his right to remove details on an optional basis.

It is also possible for the User to update his profile from his User account.

In accordance with the regulations in force, MAPPY may be required to transmit your personal details in order to fulfil requests from the competent authorities, particularly judicial authorities, notified to the latter.

ARTICLE 16 – NOTIFICATION

Any notification between the Parties, in application or in the context of this contract, must be made in writing and sent by recorded delivery letter with acknowledgement of receipt, or delivered in person with a receipt.
Any notification made pursuant to the provisions of this Article shall be deemed to be effective, in the case of the handing over in person or sending by bearer, at the moment of the handing over to the addressee, and in the case of a recorded delivery letter with acknowledgement of receipt, at the moment of the signing of the acknowledgement of receipt by the addressee of the notification.

ARTICLE 17 – APPLICABLE LAW AND ALLOCATION OF JURISDICTION

These Terms shall be governed by French law.

In the event of a dispute relating to the application of this contract, whether relating to its interpretation, its execution or its termination and if amicable agreement cannot be reached between the Parties, jurisdiction is hereby assigned to the Tribunal de Commerce de Paris (France), notwithstanding there being more than one defendant or the introduction of third parties, even for urgent procedures, in chambers or on petition.