§1 General provisions
SmartMaps is a map service provided by YellowMap AG, CAS-Weg 1-5, 76131 Karlsruhe, Germany. With SmartMaps, YellowMap AG provides you with the opportunity to use high-quality map material for your specific application. It allows you to make use of map content with worldwide coverage, free of advertisements, including international street and road names. Daily updates ensure that the map content is kept up-to-date, meaning that your application will always access the latest maps. In addition to simple map content, SmartMaps also provides you with features such as global geocoding, route planning and autocomplete.
SmartMaps is offered as both a free-of-charge and paid service, which vary in terms of their features.
§2 Terminology & definitions
A transaction refers to a single usage of a SmartMaps service by the user, for instance a route calculation, a geocoding or reverse geocoding request, a download of an aerial photograph or inclined-angle photograph, a single geographic search via a web service, a map session, a download of a static map, a download of an isochrone map, a matrix route calculation, an address validation, an address normalisation, a WMS instance or an autocomplete value.
An autocomplete value is a suggestion or a completion of the user's input, based on an assumption of the alphanumeric text that the user actually wishes to input.
An isochrone is a line representing distance that connects two geographical points that can be reached within a defined time from a defined starting location, for instance on foot or by car.
A WMS instance is an access to the SmartMaps map server via an interface for the purpose of querying a map image.
An asset is an object (vehicle, ship, aircraft, package or similar) whose route is tracked, for instance by GPS.
Printed maps are printouts prepared by the user of SmartMaps maps or sections thereof.
§3 Conclusion of a contract
Regardless of whether the free or paid SmartMaps services are used, a contract is concluded between the user and YellowMap. Any use of the SmartMaps services requires the prior registration of the user. When registering, the user must confirm that they accept these Terms of Business and Use. The user is required to immediately notify YellowMap of any changes to their personal data. Should this obligation be violated, YellowMap is entitled to terminate the contract with immediate effect.
By entering their data into the online registration form or by registering with YellowMap in another fashion, the user submits an offer to conclude a contract. YellowMap will accept this offer either by way of an explicit statement or by granting access to the SmartMaps services.
§4 Changes to contracted services and underlying contract terms
YellowMap is entitled to amend the SmartMaps services (in particular the feature set and pricing) and the underlying contract terms (including these General Terms of Business and Use) at any time. Contracts with a fixed term of a maximum of three months remain unaffected by such amendments. Where contracts have a fixed term exceeding three months and where contracts remain indefinitely valid, amendments become effective with a period of notice of one month as of the first of the following month. The user is entitled to terminate the contract without observing the ordinary period of notice with effect from the date on which the contractual amendments become effective; this does not apply to price adjustments based on changes in the statutory rate of VAT.
§5 Term of contract
Unless otherwise stipulated, no contract term is agreed.
Both parties are entitled to terminate the contract with 30 days' notice as of the end of a given month.
Contrary to the above, either party may terminate a contract governing free-of-charge services without observing a period of notice.
The right of both parties to terminate the contract without notice for cause remains unaffected.
The user may not withdraw from the contract concluded with YellowMap.
§6 Performance by YellowMap
SmartMaps shall provide the user with the functions and capacity in line with the SmartMaps service package selected by the user.
Capacities are measured in part in terms of transactions. A transaction refers to a route calculation, a geocoding or reverse geocoding request, a request of the map as a map session, a download of an aerial photograph or inclined-angle photograph, a single geographic search via a web service, a download of a static map, a download of an isochrone map, a matrix route calculation, an address validation, an address normalisation or a WMS instance. An autocomplete session is deemed to be a transaction for a period of up to ten minutes, after each 10 minutes it is considered a new transaction and a new token must be generated if a connection is made via REST API.
Where the user does not make full use of the service capacity granted to them, this does not entitle them to a reduction in the charge. Unused services expire in the period specified in the given service package, usually at the end of each calendar month.
If the user exceeds the selected service capacity, YellowMap is entitled to charge an overage feed of EUR 3.00 per thousand transactions. Either party is entitled to contact the other party at any time for the purpose of changing the service package (upgrade). If no agreement can be reached between the parties, YellowMap is entitled to limit the services to the capacity booked by the user and to block the service beyond that capacity.
§7 Usage rights and usage restrictions
- YellowMap grants a simple right of usage of SmartMaps services. The user is therefore entitled to make use of the SmartMaps services in line with the booked service package. The user is only entitled to cache or otherwise temporarily store SmartMaps data to the extent necessary for the contractually permitted use of the booked services. The user is not entitled to perform mass downloads of SmartMaps’ data. The user is not entitled to make SmartMaps’ data a key component of another piece of work (for instance city maps), nor are they permitted to use it for the purpose of direct marketing, unless YellowMap has issued express written consent to this effect.
- If the user uploads their own data to the YellowMap servers for the purpose of using SmartMaps’ services, then the user shall ensure that they have the requisite usage rights for this data and that they do not violate the rights of third parties or applicable laws by uploading the data, in particular prohibitions under criminal law or of indecent conduct.
- The user is not entitled to issue sub-licences for the use of YellowMap services without the express written consent of YellowMap.
- Where the customer has received a password: The user is required to keep their account details for SmartMaps secret and protect their account from unauthorised use.
- Users are not permitted to modify any of the SmartMaps' services they use. Specifically, the reporting mechanism must be left functional, must not be modified and must not be removed. Copyright statements and links to SmartMaps, YellowMap and third parties (e.g. OpenStreetMap, Leaflet, etc.) must be preserved, as must the identifier “powered by YellowMap”. Alternative provisions deviating from these licence terms can only be specifically agreed as part of white label solutions and must be made in writing to be effective, as must amendments to this requirement for the written form.
- YellowMap provides its services via its API. The user is not entitled to circumvent the API to directly access the SmartMaps data.
- The user may only display SmartMaps data on publicly accessible websites; the display of this data on websites with access restrictions is not permitted, unless such usage is expressly granted by the SmartMaps service package.
- The following restrictions also apply to the free-of-charge use of SmartMaps services:
a) It is not permitted to charge user’s customers for the use of SmartMaps’ services procured free of charge.
b) Asset tracking is not permitted.
c) SmartMaps must be specified as the source of SmartMaps’ data or services and a link to the SmartMaps website (net) must also be provided.
§8 Obligations of the user
YellowMap advises that the services provided, in particular the route planner services, do not relieve the user of their obligations to exercise due care in traffic. Rules & regulations of public highways must be observed, in particular obligations and prohibitions relating to hazards, even if the SmartMaps’ route planner does not specify anything to this effect, or if the SmartMaps route planner contradicts the local rules & regulations in effect.
The risk of taking a vehicle along a route suggested by SmartMaps lies solely with the vehicle driver; the liability of the vehicle driver remains unaffected.
The user of the SmartMaps services must explain these terms to any persons to whom the user has provided the use of the SmartMaps services.
§9 Availability of SmartMaps services
The SmartMaps’ services will be available to users 99.72% of the time over a given calendar year.
§10 Liability of YellowMap
YellowMap accepts no liability for the SmartMaps’ services provided free of charge.
YellowMap also accepts no liability for the accuracy and completeness of the data provided. In particular, YellowMap accepts no liability for suggested routes with respect to them: (still) existing,
being accessible to a given type of vehicle, being the fastest or otherwise optimum route, or otherwise possessing certain features.
If the user suffers damage or loss as a result of the contractually compliant and appropriate use of the SmartMaps services for which YellowMap is causally liable, YellowMap is only liable for the damages that would have been typically predictable when the contract became effective. Obligations to pay compensation are limited to the amount of one annual contract fee.
YellowMap's liability for loss of life, injury or damage to health caused by a culpable violation of its obligations and for other damage caused by at least grossly negligent conduct is unaffected by the limitations placed on liability by these Terms of Business and Usage. A violation of an obligation and culpable conduct on the part of YellowMap are deemed to be legally equivalent to such violations or conduct committed by a legal representative or assistant.
- Contractual amendments have to be made legibly in writing; this also applies to a waiver of this formal requirement.
- The contract is governed by German law. For customers who are registered merchants or who have their place of business outside of Germany, the place of performance and sole place of jurisdiction is YellowMap's registered place of business.
- Where individual provisions of a contract or general contract terms become ineffective, this does not affect the effectiveness of the remainder of the contract. The parties agree to replace the ineffective provisions with legally enforceable provisions that are objectively as close as possible. The same applies to loopholes and other contractual lacunae.