§ 1 General
YellowMap enables the geographical search of locations and companies on the Internet and on mobile devices as well as utilization of a digital maps platform and geographical content via API.
Both the free and fee-based services of YellowMap are based on actual transactions.
A transaction refers to a route calculation, a geocoding or reverse geocoding request, a retrieval of an aerial photograph or oblique photograph, a single geographic search via a web service, a retrieval of a static map, an isochrone calculation, a heat map, a map match, a time zone, an area polygon, a trip optimization, a matrix route calculation, an address validation, an address normalization, the loading of the map as a map session and a WMS retrieval. The loading of the Autocomplete API as an Autocomplete session is deemed to be as three transactions. A map session is deemed to be a transaction for a period of up to 10 minutes; after a period of 10 minutes, it is considered to be a new transaction and a new token must be generated if a connection is established via REST API. An Autocomplete session is deemed to be three transactions for a period of up to 10 minutes; after a period of 10 minutes, it is considered to be as three new transactions and a new token must be generated if a connection is established via REST API.
Asset tracking is limited to one query per minute per asset.
4. For YellowMap fee-based services, the regulations rather apply according to the following priority:
Individual contractual regulations agreed with the customer take precedence over
Other terms and conditions of users or contractual partners of YellowMap do not apply, even if YellowMap does not object to them.
§ 2 Responsibility of YellowMap
YellowMap stores the content and map applications on a server farm to ensure their Internet retrieval. YellowMap is not responsible for transferring data from the YellowMap server to customers or third parties and shall not bear any related costs.
YellowMap obtains the map material and other content from its suppliers, refines the content in part or collects its own data.
For customers and users of the local search portals of YellowMap AG:
The business addresses entered in YellowMap are generally taken from data provided by EBID Service AG, Germany, for this specific purpose. The greatest possible care is taken when selecting this material. The address database is updated several times a year by EBID Service AG and uploaded to YellowMap servers. YellowMap randomly checks its correctness, completeness and topicality. Nevertheless, it is possible that data are incorrect, incomplete or not topical. YellowMap shall not bear any liability whatsoever with respect to this matter. If an address owner does not agree with the YellowMap listing of a business address pre-registered by YellowMap, the address owner has the right to correction or deletion free of charge.
§3 Rights of YellowMap
YellowMap is entitled to perform maintenance work on servers and databases, etc. Disruptions to data retrieval are avoided as far as possible.
YellowMap is entitled to temporarily or permanently block access to individual data supplied if third parties credibly claim any breach of the law through the publication of the data or if there are justified doubts about the lawfulness of the data for any other reasons. If the customer is unable to provide conclusive proof of the lawfulness of the data within the set period of time after being requested to do so by YellowMap, YellowMap is entitled to termination without having to observe a notice period.
§4 Rights and restrictions of use
The customer agrees that YellowMap may store their yellow pages entries as well as the data provided by YellowMap, e.g. within the framework of the FilialFinder, in its databases and use the said data as part of its business activities and in accordance with the respective legal regulations. In particular, YellowMap is entitled to reproduce, distribute, broadcast, transmit, make available to the public for information purposes, publicly reproduce and edit the data in any form, to supplement them or combine them with other content without restriction as part of the YellowMap information system and marketing network, provided that the customer has consented to or commissioned such use.
All rights, in particular the rights of use and exploitation under copyright law to the YellowMap technology, software and content (e.g. databases and information for the yellow pages and other directories, products, map material, route calculation), are the exclusive property of YellowMap in relation to the customer and user.
All other types of exploitation, in particular the translation, adaptation, arrangement, other reworking and distribution of the software and content (outside of what is contractually agreed) require the express consent of YellowMap.
Copyright notices, other reservations of rights, serial numbers and other features contained in the database, software and content may not be altered or made unrecognizable. The customer will indicate YellowMap's proprietorship of the rights on their website.
Retrieval and evaluation of the information for commercial purposes and any other commercial use require the express written consent of YellowMap. The automatic search of information, in particular with web crawlers or bots, is strictly forbidden. The user may not use retrieved data to create information directories of any kind in any media. The user may not translate, edit, re-arrange or otherwise revise the retrieved information.
Free access to the YellowMap SmartMaps services is generally only granted for up to 300,000 transactions per 12 calendar months. If this value is exceeded, YellowMap will generally provide the user with a quote for fee-based use of the YellowMap services; however, YellowMap is under no obligation to do so. If YellowMap does not provide the user with a quote for fee-based services or if the user does not accept YellowMap's quote, YellowMap is entitled at any time and without notice to block the user's access to free YellowMap services.
§5 Additional conditions for use of SmartMaps
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 is the user permitted to use them for the purpose of direct marketing unless YellowMap has provided its express written consent to do so.
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 these 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 immoral conduct.
The user is not entitled to issue sub-licenses 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 unauthorized use.
The user is not permitted to modify any of the SmartMaps services they use. Specifically, the reporting mechanism must remain functional, must not be modified and must not be removed. Copyright notices and links to SmartMaps, YellowMap and third parties (e.g. OpenStreetMap, Leaflet, etc.) must be retained, as must the identifier "powered by YellowMap". Alternative provisions deviating from these license terms can only be specifically agreed as part of white label solutions and will not become effective unless confirmed in writing, this also applies to any changes to this written form clause.
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 these 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 use of SmartMaps services:
a) It is not permitted to charge customers of the user 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.
YellowMap accepts no liability for the YellowMap services provided free of charge.
YellowMap also accepts no liability for the correctness 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 YellowMap services (e.g. FilialFinder, SmartMaps) for which YellowMap is causally liable, YellowMap shall only be 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.
§7 Responsibility of the advertising entry customer, restrictions of advertising entries
As far as customers have the possibility to maintain their entries, the following applies:
Customers may place their entries only in sectors and areas in which they also operate. This applies in particular to customers who bear a protected professional title or are otherwise under the supervision of a chamber or similar (e.g. architects, doctors, craftsmen, lawyers, tax consultants); on request, they must provide YellowMap with evidence of their affiliation with the professional title claimed.
Companies whose commercial purpose is to carry out marketing campaigns for other companies or other third parties may only post entries on behalf of third parties if this has been expressly permitted by YellowMap in text form.
Inadmissible content may not be posted on YellowMap. Inadmissible content includes, but is not limited to, texts, images, links or other content that violates laws or morality, in particular:
a) Racist, erotic, pornographic, obscene, insulting, vulgar content, content glorifying or trivializing violence as well as immoral content;
b) Content that impairs or endangers the development or education of children or young people or violates human dignity or other protected legal interests;
c) Content that may encourage others to commit criminal or otherwise immoral acts;
d) Insulting or defamatory statements;
e) Threats, abusive criticism, defamation, insults, lies or misinformation;
f) Content that may violate the right to informational self-determination of third parties;
g) Copied content to which the customer has no rights;
H) Content that poses a security risk, such as viruses, Trojans or other malware;
I) Links to websites with content that is contrary to morality or the applicable law, harmful to minors or otherwise inadmissible;
k) Private data such as names, telephone numbers or e-mail addresses outside the profile. YellowMap may reject entries, advertisements or the use of other services if the entries are not feasible for technical reasons or are not in accordance with netiquette and the applicable law. Rejection will also occur in cases where the customer places listings in sectors or fields in which the customer does not operate.
The customer is responsible for the correctness, completeness and lawfulness of the data provided by them. The customer expressly assures that these data are compatible with the applicable law. The customer indemnifies YellowMap against all disadvantages incurred by the latter due to infringements of rights committed by the customer with regard to the content entered by the customer.
The customer who makes entries not for themselves but for a company they represent, guarantees that they are authorized to do so by the company's legal representatives or are themselves a sole legal representative of that company, and are liable for any violations.
§8 Contract period for advertising entries in the yellow pages
Fee-based advertising entries (Standard / Premium) Contracts for fee-based advertising entries have a minimum term of one year, starting on the day the entry is created. Billing takes place one year in advance. After the minimum contract period of 12 months, the contract can be terminated monthly with a notice period of 4 weeks to the end of the contract. Notice of termination must be given in writing. Contracts that are not terminated will be automatically renewed for another month at a time, and billing continues to be 12 months in advance. In case of early termination, the difference will be credited.
In case a fee-based tariff is terminated by the customer, YellowMap grants a free entry, i.e. the content of the entry can still be maintained with the same account data. This free service may be terminated by either party without notice, even together with the termination of the fee-based service.
If a free extension or free entry (see § 8.1) already exists when a fee-based advertising entry is ordered, it will automatically be replaced by the fee-based advertising entry. In this case, it is irrelevant through which portal or through which YellowMap partner the respective entry was booked.
The right of terminating the contract without notice on important grounds remains unaffected.
Any notice of termination must be in writing or text form.
§9 Payment terms for advertising entries in the yellow pages
The remuneration and its due date result from the respective quote, order or order confirmation. The payment obligation is independent of the delivery of the (address) data required for implementation by the customer. All amounts are net of taxes, and turnover tax will be added in each case. The amount is due immediately after receipt of the invoice by the customer without deduction, unless otherwise agreed.
Offsetting is only permitted with undisputed or legally established claims from the same contractual relationship.
Payments are made in accordance with the SEPA Core Direct Debit scheme, which is standardized throughout Europe. The customer grants YellowMap a SEPA mandate and expressly declares that they authorize YellowMap to collect amounts due from the specified bank account. The customer is usually informed of their mandate reference number and the upcoming direct debit (amount, due date) together with the billing (pre-notification). In the event of return debit notes for which the customer is responsible, YellowMap will charge a flat fee (for bank charges and processing) of EUR 10.00 per debit note. If a new direct debit is not possible or the invoice amount (plus the flat-rate processing fee) is not transferred within 10 days, further costs will arise from the processing by our billing department, which YellowMap will charge separately according to expenditure.
If the customer is in default of payment, YellowMap is entitled to block access to the customer's data or other YellowMap functions. The obligation to pay as well as the enforcement of the statutory damage caused by delay shall remain unaffected.
The place of performance and exclusive place of jurisdiction is the registered office of YellowMap, provided that the user is a merchant or their registered office is outside Germany.