tos

Terms of Service

Definitions

Agreement: these General Terms and Conditions together with the Privacy Policy which can be downloaded at https://mapgrove.com/privacy. By creating an User account and accepting these Terms, Customer enters into an agreement with i-mapping.

Content: any content provided through the Service, excluding the Maps.

Customer: Any party with an active User account.

Environment: Studio and Maps are installed and made available on the platform of MapGrove (SAAS).

Maps: the MapGrove maps which can be purchased in the Studio. The maps can be modified manually (using the areas in the map), or using data (from a purchased dataset or an uploaded CSV- or Excel-file) to emphasize differences between regions.

Service(s): One or more services provided to Customer under this Agreement; in example, access to the Studio and the option to purchase Maps.

Studio: MapGrove Studio, an online application provided by Imapping to Customer in the Environment for purchasing and modifying Maps.

Terms: General Terms and Conditions which apply to this Agreement.

User account: combination of a username and password provided by i-mapping to Customer to get access to Studio, intended exclusively for the Customer.

2. Duration

2.1. The right of use of Studio shall come into effect after the Customer has accepted the Terms in writing or electronically and will be valid until termination by either Imapping or the Customer.

2.2. I-mapping can terminate the Agreement at any moment if:

  • the Customer fails to meet its obligations under the Agreement and after a notice of default whereby a reasonable period is set for the shortcoming to be remedied, continues to fail to meet the material obligations arising under the Agreement or
  • the situation has changed in such a manner (i.e. technical, economical) that continuation of the Agreement is no longer desired in all fairness for i-mapping.

3. Intellectual Property Rights

3.1. All intellectual and industrial property rights to Studio, Content and Maps rest solely with i-mapping and/or its licensors.

3.2. Studio and Content that Customer may use or download are the copyrighted works of Imapping and are governed by these Terms. Customer may use these only in accordance with these Terms and is prohibited from using, reproducing, copying in whole or in part distributing decompiling, decrypting, reverse engineering, disassembling, displaying, downloading, storing, transmitting, distributing, selling or otherwise commercially exploiting any part of Studio or Content.

3.3. Studio and Content may contain the logo of i-mapping which is a registered trademark that belongs solely to i-mapping. Customer is not allowed to remove or make changes to these logos.

3.4. The limitations as mentioned in article 3.2 do not apply to purchased Maps.

4. License terms

4.1. i-mapping grants to Customer a personal, worldwide, royalty-free, non-exclusive, non-transferable license solely to use Studio, Maps and Content under terms of this Agreement.

4.2. Customer is not allowed to access or use Studio or Content through any technology or means other than those provided in the Service, or through other explicitly authorized means i-mapping may designate.

4.3. Customer will use all reasonable efforts to prevent unauthorized use of Studio, Maps and Content and to terminate any such unauthorized use.

4.4. The User account is personal and may only be used by the Customer.

4.5. An User account can be obtained in the form of an annual subscription which includes one (1) free Map. The subscription fee and pricing per Map are published on https://www.mapgrove.com.

4.6. Without any restriction, Customer is free to use a purchased Map at own discretion, whether original or modified by Customer, outside Studio.

5. Termination

5.1. The Terms will continue to apply until terminated by either the Customer or i-mapping as set out below.

5.2. Customer may terminate this Agreement with i-mapping by disabling the User account. By disabling the User account, all data related to the User account will also be removed. This data cannot be restored.

5.3. i-mapping reserves the right to terminate these Terms or discontinue the Service or any portion or feature for any reason and at any time without liability or other obligation to Customer.

5.4. Nothing in this Section will affect i-mapping’s rights regarding provision of the Service.

5.5. Subscription fees are not refundable or redeemable or whatsoever in case of termination.

5.6. When this Agreement comes to an end, those Terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 3 (Intellectual Property Rights); 4 (License terms); 6 (Exclusion of Warranties); 7 (Limitation of Liability); 8 (Infringement indemnity); and 10 (Governing Law).

6. Exclusion of warranties

6.1. Customer expressly understands and agrees that use of Studio, Maps and Content is at own risk and that the Services are provided “as is” and “as available”.

6.2. In particular, i-mapping and or its licensors do not represent or warrant that:

  • (a) use of the Services will (always) meet Customer’s requirements.
  • (b) use of the Services will be uninterrupted, timely, secure or free from error.
  • (c) the information obtained by Customer as a result of the use of the Services will be accurate or reliable.
  • (d) defects in the operation or functionality of Studio will be corrected at short notice.

7. Limitation of Liability

7.1. To the maximum extent permitted by applicable law, i-mapping and its licensors, will not be liable for any kind of damage that may arise due to the use of Studio, Maps or Content.

7.2. Any Map and or Content obtained through the use of Studio is done at Customer’s own discretion and risk and Customer will be solely responsible for any damage to Customer’s computer system or other device, loss of data, or any other damage or injury that results from the use of Studio, Map and or Content.

7.3. No advice or information, whether oral or written, given by i-mapping, or through or from Studio, Maps or Content, will create any warranty.

7.4. i-mapping and its licensors further expressly disclaim all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

7.5. Customer expressly acknowledges and agrees that the internet is a network of private and public networks and that (i) the internet is not a secure infrastructure, (ii) i-mapping and Customer have no control over the internet, and (iii) i-mapping and Customer shall not be liable for damages under any theory of law related to the performance or discontinuance of operation of any portion of the internet or possible regulation of the internet that might restrict or prohibit the operation of the Services.

8. Infringement indemnity

8.1. Customer shall indemnify and hold i-mapping harmless from and against any loss, liability, cost, or expense, including reasonable attorneys’ fees, arising out of any claims, actions, or demands by a third party alleging that Customer’s use of Studio, Maps or Content infringe a patent, copyright, or trademark.

8.2. If Studio, Maps or Content are found to infringe a patent, copyright, or trademark, i-mapping may at its own expense, either (i) obtain rights for Customer to continue using Studio, Maps or Content or (ii) modify the allegedly infringing elements of Studio, Maps or Content while maintaining substantially similar functionality. If neither alternative is commercially reasonable, the Agreement shall terminate, and Customer shall cease accessing and using Studio, Maps or Content.

9. Support

9.1. Questions and issues arising from the use of Studio, Maps and Content can be sent by email to info@mapgrove.com.

9.2. Support does not apply questions and issues regarding:

  • Hardware and software related issues from Customer
  • Customer´s connection to the internet or the Environment
  • Due to Customer’s use of Studio in a manner inconsistent with the features and functionality of Studio or inconsistent with i-mapping’s published documentation or guidance
  • Results from faulty input, instructions or arguments
  • Usage of Studio, Maps or Content not as advised by i-mapping.

10. Governing Law

10.1. All offers, legal relations and agreements between i-mapping and the Customer as well as these Terms themselves shall be governed by the laws of The Netherlands.

10.2. All disputes arising between i-mapping and the Customer out of or in connection to the Agreement and/or these Terms will be submitted to the courts of The Hague, The Netherlands.

11. Miscellaneous

11.1. i-mapping reserves the right in its sole discretion to modify and/or discontinue any part of Studio, Maps or Content at any time with or without notice.

11.2. i-mapping reserves the right to make changes to the Terms from time to time. When these changes are made, i-mapping will publish the new version of the Terms at https://www.mapgrove.com. Customer understands and agrees that if the use of Studio after the date on which the Terms have changed, i-mapping will treat Customer’s use as acceptance of the updated Terms. If a modification is unacceptable, Customer may terminate this Agreement by disabling its User account.

11.3. The website https://www.mapgrove.com may contain links to other sites hosted and/or maintained by third parties. i-mapping shall not be responsible for the content of any third party sites that may be linked to or from https://www.mapgrove.com. These links are provided for convenience and usage is at Customer’s own risk. A link to a third party site is not an endorsement of any third party site or service. i-mapping does not assume any responsibility or liability for the content or use of any third party site or any third party’s products and/or services.

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