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Forum: discuss.graphhopper.com
Email: support@graphhopper.com
Last modified: Aug 9, 2021, version 9
Thanks for using our products and services!
1.
The purpose of this website, graphhopper.com (the “Site”), is to provide routing products and services. The GraphHopper Directions API (“Directions API”) is offered. At graphhopper.com/maps (“GraphHopper Maps”) driving directions are provided to the end users for demonstrative purposes of the Directions API.
By using the Site, the Directions API, GraphHopper Maps or any services provided on the Site (collectively, “Services”), you acknowledge that you have read, understood, and agree to be bound by the following terms of service and any future modifications to this agreement (collectively, the “Terms”). 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”).
Unless you reside in the United States, you are entering this contract with GraphHopper GmbH, a company incorporated in Germany. If you reside in the United States, you are entering this contract with GraphHopper, Inc., a company incorporated in California.
1.
To use our services, registration is a prerequisite. There is no entitlement to the use of the Service. GraphHopper reserves the right to deny any requests for use without explanation.
2.
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 authorised representative, natural person.
3.
The contact details and other information required by GraphHopper during the registration process must be complete and correct. The registration of a legal entity requires the additional designation of an authorised representative, natural person.
4.
Following the completed submission of all required data by the Subscriber, the data is reviewed by GraphHopper with respect to completeness and plausibility. If all details are correct from the perspective of GraphHopper and there are no other concerns on the part of GraphHopper, GraphHopper activates the requested access and notifies the Subscriber of this via email. The email is considered acceptance of the request for use. The Subscriber has to confirm his activation by clicking the link
contained in the email within 24 hours.
5.
You must adhere to all policies posted within the Services and all accompanying documentation. All such policies are hereby incorporated by reference into these Terms.
6.
In order to use the Services you must agree to the Terms. You can accept the Terms by:
1. clicking to accept or agree to the Terms when you register for a new account to the Directions API; or
2. using the Site or GraphHopper Maps. In this case, you understand and agree that GraphHopper will treat your use of GraphHopper Maps as acceptance of the Terms from that point onwards.
7. You represent that you have full power, capacity and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don’t have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms.
8. For information about GraphHoppers’s data protection practices, please read GraphHopper’s privacy policy.
9. As a condition of your use of the Services, you warrant to GraphHopper that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
10. The Site allows you to access a variety of content, including but not limited to routing and and other related information provided by GraphHopper and its licensors. You understand and agree to the following with respect to all content made available by or through the Site:
11. GraphHopper reserves all rights not expressly granted to you. The use of the Site, including its software, services and other content, is licensed only to you and may not be transferred to anyone without the prior written consent of GraphHopper. Any authorized transferee shall agree in writing to be bound by the terms and conditions of these Terms. In no event may you copy, rent, time-share, sublicense, transfer, sell or otherwise dispose the Directions API on a temporary or permanent basis.
You understand that packages without the white label option require You to display GraphHopper attribution. All packages require OpenStreetMap attribution or an agreement to the TomTom EULA or both, depending on your package. You agree to comply with this requirement.
You agree to provide attribution when required, as outlined in the GraphHopper documentation. You understand that a subscription to a GraphHopper package with the white label option does not waive your responsibility to provide attribution when required or requested.
All other materials displayed or performed on the Site, including, but not limited to text, graphics, maps, logos, tools, photographs, images, software or source code, audio and video, and animations are the property of GraphHopper and/or third parties and are protected in Germany and international copyright laws.
You can use GraphHopper Maps free of charge.
You can use the Directions API where the following additional terms apply:
These Terms shall benefit GraphHopper and its successors and assigns. You may not, or permit any third party to, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive any source code from the Site’s software. All logos and product names appearing on or in
connection with the Site are proprietary to GraphHopper or its licensors and/or suppliers. You agree never to remove any proprietary notices or product identification labels from the Site’s software and other content, if applicable. The limited license granted above terminates automatically, without necessary notice to you, if you breach any of these Terms. Upon termination of the limited license, you agree to immediately destroy any downloaded or printed materials from the Site, including software
and other content.
Some of the Services require payment of fees.
GraphHopper is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by GraphHopper. Currency exchange settlements will be based on agreements between you and the provider of your credit card or other payment methods.
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.
We reserve the right to change our fees, but will notify you in advance of increases.
GraphHopper has the right to change any service provided free of charge at any time, to make available new services free of charge or paid-for, and to terminate the provision of free-of-charge modules. In these cases, GraphHopper will show consideration of the legitimate interests of the Subscriber.
(1) If the services provided by GraphHopper are inadequate, because their viability for contractual use is not insignificantly impaired, GraphHopper is liable according to the legal requirements for material and legal defects.
(2) The Subscriber is obligated to report defects to GraphHopper immediately. Warranty claims for defects expire within one year.
(3) The Service Level Agreement (SLA) is 99.5% availability within every month. If less than 99.5% availability (but more than 99%) is reached then a discount of 10% is provided. If less than 99% is reached a 50% discount is provided. For a custom packages different SLA requirements can be arranged.
The parties shall assume mutually liable in cases of intent or gross negligence for all damages caused by them as well as their legal representatives or proxies. In cases of slight negligence, the parties assume liability in the event of injury to life, body or health. In any other event, a party is only liable, if they have violated a substantial contractual obligation. In these cases, the liability is limited to the foreseeable, predictable ensuing damages. GraphHopper’s liability, regardless of culpability, pursuant to defects at the start of contract will be excluded; Section 1 and 2 remain unaffected. Liability according to product liability law remains unaffected.
In the event that the Subscriber should suffer damages as a result of free-of-charge use of the service (use free of charge, trial phase), GraphHopper will assume liability only in cases, where the damages were incurred as a result of contractually agreed-upon use of the Services, and only in cases of intent (including fraud) and gross negligence on the part of GraphHopper.
GraphHopper makes an online manual for the use of the services available. GraphHopper decides at his own discretion, whether changes to the Services necessitate an addition or revision to the online manual.
The Subscriber gives permission for GraphHopper to use company identifiers, names, brand names and logos of the Subscriber (“Signs”) pursuant to the following provisions in case of a package without the white label option. GraphHopper is permitted to use Signs for the purposes of presentation and advertisement. In particular, GraphHopper is permitted to use the Signs for the purpose of presentation and advertisement on the company website, as well as other GraphHopper-run websites, portals, in brochures, flyers, newspapers, magazines, for exhibitions and events of any kind. The Subscriber gives these permissions to GraphHopper free of charge. The Subscriber may withdraw permission at any time in writing, as long as he can claim a legitimate interest. As legitimate interests qualify in particular insolvency, cessation of business activity, business divestiture or a legal claim by a third party against the Subscriber with regard to the rights of use of the Signs.
Subscriber is given a single right of usage (not sub-licensable and non-transferrable) to the Services, limited to the term of duration of this contract, pursuant to the following provisions. The Subscriber uses the Services on GraphHopper’s IT system. There is no transfer of the Software to the Subscriber. The Services may only be used for the Subscriber’s own business activity and by his own members of staff. If GraphHopper releases new versions, updates, upgrades or other new supplies with regard to the Services, the above-mentioned provisions will also apply to those. The Subscriber is not entitled to rights, which have not explicitly been granted to the Subscriber above. The Subscriber particularly does not have the right to use the Services beyond the agreed-upon usage, or allow its use by a third party or to make the Services accessible to a third party (the exception is the authorised use by members of staff). In particular, it is not permitted to copy, sell, lease for a limited time, particularly not to license or lend the Services. The Subscriber must take the necessary precautions to prevent the use of the Services by unauthorised parties. If a breach of duty is attributable to the Subscriber, GraphHopper is entitled to claim damages.
The contractual agreement begins with the formation of contract and lasts for the contractually agreed-upon time period. It renews automatically, according to contractual agreement, for the respectively agreed-upon amount of time, unless one party terminates the contract in compliance with the agreed-upon notice period. The notice shall be given in writing. An extraordinary termination as a result of, or in connection with a breach of duty is only possible following a written warning and within a reasonable time limit. Irrespective of the regulation set out in section 2, GraphHopper can terminate the contract without notice, if the Subscriber is behind on the payment for two consecutive months, or on a significant proportion of payment; or if the Subscriber, in a time period, spanning more than two months, is behind on the payment of fees amounting to the payment of fees for two months.
(1) The contracting parties shall enter into an agreement of non-disclosure regarding all confidential information, which has come to their attention as part of this contractual agreement, or use it only after obtaining written permission by the other party with a third party, regardless to what purpose. Among the information to be treated confidentially is the information explicitly termed confidential by the information-providing party and such information, the confidentiality of which is implied clearly by the circumstances of their transfer. GraphHopper ought to treat confidentially, in particular, the application data, should it become known to him.
(2) The obligations according to section 1 are void for such information or parts thereof, where the receiving party can prove that it
Public declarations of cooperation between the two parties are only made following prior mutual agreement. The obligations according to section 2 extend beyond the term of the contract for an indefinite time period, specifically, for as long as an exceptional circumstance, as listed in section 2, cannot be proven.
Unless other specific provisions have already been made, GraphHopper retains the right to change or amend these contractual terms as follows. GraphHopper shall notify the Subscriber of the changes or amendments in written form at least six weeks prior to their taking effect. If the Subscriber does not agree to the changes or amendments of the contract terms, he can object to them within a deadline of four weeks from the intended time of the changes or amendments taking effect. The objection must be made in writing. If the Subscriber does not object, the changes and amendments are considered approved by the Subscriber. GraphHopper shall, as part of his notification of changes and amendments, indicate particularly the intended significance of his actions.
If you reside outside the United States: The laws of Bavaria, Germany, 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 litigated exclusively in the courts of Munich, Germany, and you and GraphHopper consent to personal jurisdiction in those courts.
Headings are for convenience only and have no legal or contractual effect.
You can contact GraphHopper via our contact page.
