Geoapify

Terms and Conditions

2 February 2024 (Version 5)

The website is owned and operated by KEPTAGO LTD ("Geoapify", "we" or "us"), a limited liability company registered at 9 Daimlerstraße, 86368 Gersthofen, Germany. Amtsgericht Augsburg HRB 33478.

These Terms and Conditions (the "Terms") cover all content, websites, and services made available by Geoapify, including but not limited to domain names geoapify.com, mapifator.com, geoapify.net, and their subdomains, linked and associated resources (collectively, "Sites").

The purpose of the Sites is to provide Application Programming Interfaces and Services (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

Registration

  • 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, a natural person.
  • During the registration process, you must provide complete and accurate contact details and other information as required by Geoapify. If registering on behalf of a legal entity, you must also designate an authorized representative who is a natural person.
  • By registering for an account, you agree to these Terms and any future modifications to this agreement.
  • You are responsible for keeping your account information up-to-date and accurate. Providing false or misleading information during the registration process may result in the termination of your account and may lead to legal action.

Plans and usage limits

  • Geoapify offers Free and non-Free plans for the Services. Please check our pricing page for details.
  • The commercial use of the Free-package is allowed in the development and, with some limitations, in the production phase. Please contact us for details.
  • All non-Free plans require a recurring monthly or yearly payment, with the price in Euros or US dollars dependent on the contract length and the selected plan.
  • Each plan has specific usage limits, which can be found on our pricing page or on the plan details page. It is your responsibility to monitor your usage and ensure that it remains within the usage limits of your selected plan.
  • If usage limits are exceeded, Geoapify reserves the right to suspend the Services or apply additional overage charges. We will make a reasonable effort to notify you in advance of any suspension or additional charges.

Charges and payments

  • Charges and payments are managed by the external online payment processor (2checkout). When subscribing, 2Checkout will create an 2co account where you can manage payment details. In addition, 2Checkout will send invoices to the email address specified for the subscription. 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 prices of our Services are exclusive of taxes and other charges. Taxes, including VAT for EU customers, will be added to the price of the Services as applicable. If you are a European customer and have a valid VAT identification number, you can provide it during the subscription process 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 solely responsible for all of your activities in connection with the Service and agree not to use the Service for any purpose that is prohibited by the Terms.
  • By using the Service, you agree to comply with all applicable laws, rules, and regulations. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.
  • 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 Service.
  • You agree not to bypass or attempt to bypass any measures Geoapify may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service).
  • You agree not to bypass or attempt to bypass any measures Geoapify uses to measure usage and billing. Specifically, distributing API requests among multiple accounts and/or projects to fit into lower pricing plans is prohibited.
  • 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

Please read Privacy Policy for information about Geoapify's privacy and data protection practices.

Attribution

  • When using the Services, you must always provide OpenStreetMap attribution.
  • Geoapify attribution is mandatory when using Free subscription plan.
  • Different APIs may require additional attribution, which you must comply with as specified in their respective documentation.
  • You agree to provide attribution when required.

No Warranties

  • The Service and the Site are provided to you on an "as is" basis.
  • To the full extent permissible by law, we disclaim all and any warranties, expressed or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
  • All paid plans include a default SLA of 99.5% availability within one month. If less than 99.5% availability (but more than 99%) is reached then a discount of 10% can be requested for the affected period. If monthly availability goes below 99%, a 50% discount can be requested for the affected period. Higher SLA and custom terms are possible on request.

Disclaimer

  • 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

Under no circumstances, including negligence, shall Geoapify 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 these terms or that result from your use or the inability to use the Services or Sites. In no event shall Geoapify's liability exceed the total fees paid by you to Geoapify during the twelve (12) months preceding the claim, regardless of the form of the claim or the theory of liability.

Governing law

The laws of Cyprus 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 exclusively litigated in the courts of Cyprus. By using the Services, you 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. We will notify you of any material changes to these Terms by posting a notice on the Site or by sending an email to the email address associated with your account. We may also provide notice through other means, such as through the Service or by posting an updated version of the Terms on our website. We encourage you to review the updated Terms regularly. Your continued use of the Service or Site after the effective date of any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the new terms, you must stop using the Service and Site.

Contact Us

If you have any questions about these Terms, please contact us by email - [email protected].