Terms of Service
Last updated 23 January 2018
This website, mapalupa.com (the "Site"), is owned and operated by EOX IT Services GmbH (“EOX”, “we” or “us”). By using the Site, services provided on the Site, and the geospatial and multi-media content (“Content”) we make available to users through the services ("Service/s” or mapalupa Service/s), users agree to be bound by the following Terms of Service, as updated from time to time (the "Terms").
Customers, Distributors, End-Users
Subject to the Terms, we distinguish users by their roles relative to the value-chain. Accordingly, we grant to our “Customer/s”, to “Distributor/s” and to “End-User/s”, collectively called “User/s”, different licenses and rights-to-use the mapalupa Services. As short characterization, our Customers use mapalupa for publishing their Content; Distributors use mapalupa for integrating this Content into applications; and End-Users are the targeted consumers accessing the Content via mapalupa.
Services for our Customers
To use the publishing functions of our Service, our Customers must register for a mapalupa account. They are expected to carefully guard the security of their accounts. They are responsible for all use of the Services under their account, whether authorized or not. At our discretion, we may make limited exceptions to this policy for unauthorized use of a Customer account if the Customer notifies us of a problem promptly.
Customers must be 18 years or older to sign up with the Service. By registering and by providing personal information on the Site a user becomes a Customer and confirms to be at least 18 years old.
If an individual is entering into this agreement on behalf of a company or another legal entity, this person confirms to have the authority to bind that entity to these Terms, in which case “Customer” will mean the entity the person represents.
By providing the mapalupa Service we are offering tools for publishing, serving, and viewing of Customer-sourced geospatial Content in the form of interactive Web globes. The Content can additionally include related descriptive material in the form of text, illustrations (imagery, legends etc.), as well as attribution requirements and copyright information.
The mapalupa Service offerings available to our Customers include the use of:
- Persistent cloud storage for the Content
- Server infrastructure which handles and processes the Content and which, in addition, provides:
- A Web site where the Customer after sign-up and login can use a protected interactive workspace and drop, manage, edit, style and visualize the Content
- A text string containing the Web link, which refers to the styled Content on the server (iframe, inlineframe, embed code); this code can be copied and inserted as element (widget) into Web pages to make the Content interactively accessible for End-users via these Web pages
- Functions for authorization and restricting access to the Content and for adding copyright and attribution information by the Customer
- The mapalupa community Web portal on which open Contents, open embed codes, copyrights and attributions are displayed in a Gallery for anybody on the Internet to view, read, copy, re-publish and use, as applicable and permitted
We grant our Customers a non-exclusive, non-transferable, non-sublicensable, revocable license and right-to-use for the above listed Service offerings for the purpose of developing or enriching own online services and desktop, or mobile applications.
The mapalupa Service Level available to Customers is conditioned by the “Plan” to which a Customer is subscribed.
If the Customer grants open access authorization to Content or related embed link the Content is defined as Open Data.
We allow anybody to try out some of the above described publishing functions without need for prior Customer sign-up and login. This service supports only limited workspace functionality and it provides the embed code for use in Web pages. In try-out mode the provided Content is stored in the cloud only for some hours. During that period the Content is assumed to be Open Data with open access authorization and is scratched automatically by the mapalupa service. Should Customer sign-up take place during this period, the provided Content will be moved into persistent cloud storage and assigned to the access authorization scheme of the respective Customer.
Service Level Agreements
We understand that service interruptions are impacting productivity negatively. We are prepared to offer Service Level Agreements to Customers subscribed to the premium plan. For more information such Users are invited to contact us at email@example.com.
Services for Distributors
The mapalupa Service offerings available to Distributors do not require registration or sign-up. They are free and include the use of:
- The mapalupa community Web portal and all Content appearing in the Gallery; per definition this Content represents Open Data
- Widgets through which we provide Customer-sourced Content and our own exemplary information; the above-described embed code mechanism can be used for inclusion of widgets into the Distributor’s own online, desktop, or mobile applications, or electronic publications, respectively
A Distributor agrees to include the copyright and attribution information, if any such information is being provided in the Gallery, in a place within the Distributor’s electronic publication clearly identifiable as being associated to the source of the Content.
Services for End-users
The mapalupa Service offerings available to End-users do not require sign-up or login. They are free and include the use of:
- The mapalupa community Web portal and all Content appearing on it including the items in the Gallery; this is also the place where users can dialogue among each other and with us, the mapalupa Service provider
- Widgets through which we provide Customer-provided Content and our own exemplary information;
For the use of Web pages and applications which contain mapalupa widgets additional access and use conditions established by Customers and Distributors may apply which are beyond and additional to the Terms of the mapalupa Service.
Data Access Control Matrix
|Customer defines Content/widget/embed link as||Content appears in Gallery||Agreement between Customer & Distributor||Access in Distributor's app||Agreement between Distributor & End-user||Use by End-users|
|Open Data||yes||none required||open or restricted||as defined by Distributor||as defined by Distributor|
|Proprietary Data||no (unless requested by Customer)||required||restricted / enforced by Distributor||required||restricted|
The User is solely responsible for any and all acts and omissions that occur while using the Services. The User may not use the Services for any unlawful purpose. Use of the Services must comply with all local rules regarding online conduct and acceptable content.
Users may not use the Services in any manner that could damage or overburden the Services or interfere with any other party’s use of the Services.
The User agrees to not engage in the following unacceptable uses of the Services:
- Disseminating or transmitting material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
- Disseminating, storing, or transmitting files, graphics, software, or other material that actually or potentially infringes on the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
- Creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication;
- Exporting, re-exporting, or permitting downloading of any content in violation of any export or import law, regulation, or restriction of the competent jurisdiction;
- Interfering with or attempting to gain unauthorized access to other accounts or any other computer network;
- Storing or transmitting viruses, trojan horses, or any other malicious code or program; or
- Engaging in any other activity deemed by EOX to be in conflict with the spirit or intent of these Terms.
The User agrees to provide proper attribution in any usage for commercial and non-commercial purposes if not automatically provided by the widget. It shall be displayed legibly and in proximity to the usage.
Price Plans and Payment Conditions
Price Plans are published on the mapalupa website.
Price Plans can be amended from time to time. User has the right to terminate subscriptions within 30 days if a Price Plan is changed to User’s disadvantage.
Some of the Services require payment. All payments must be effectuated via credit card or other generally accepted web-based payment methods. EOX may charge User’s credit card on an ongoing basis in advance of providing Services or as needed for prepayments for subscription fees, any applicable sales taxes, and any other charges Users may incur in connection with the use of the Services.
The subscription fee is billed in full on the first day of each billing period, unless and until the subscription is cancelled under these Terms.
Unless specified otherwise, EOX states all charges in Euro inclusive of VAT which is charged at the current applicable rate.
EOX is not responsible for any bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed under these Terms. Currency exchange settlements will be based on agreements between the User and the provider of his credit card.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law.
Termination of Service and Renewal of Subscriptions
Users shall have the right to terminate subscriptions at any time, giving 30 days notice, otherwise subscriptions will be automatically renewed for the same billing period. If the termination date does not coincide with the end of a billing period, no refunds for subscription time paid but not used will be granted.
EOX reserves the right to immediately cancel Services without notice for all types of Users in case of a breach of the Terms or unlawful or detrimental use of the Services. Under such termination, no refunds for subscription time paid but not used will be granted.
In addition, EOX may terminate or suspend its Services for all types of Users for any reason by providing 30 days' advance notice. Under such termination, subscription time paid but not used will be refunded pro rata temporis.
If any one or more of the provisions of these Terms shall be for any reason whatsoever held invalid, then such provisions shall be deemed severable from the remaining provisions of these Terms and shall in no way affect the validity or enforceability of the other provisions of these Terms.
Exclusive place of jurisdiction for all disputes resulting from these Terms and the use of the Services is the business location of EOX in Vienna (Austria).
Neither EOX nor any other party involved in creating, producing or delivering the Site, Service, or Content shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, or use of, the Service, or of its termination for whatever reason.
Though EOX uses the best technical standards to control the Site, material on this Site may inadvertently include technical inaccuracies or other errors. Users browse and use the Site at their own risk. EOX does not warrant that the functional aspects of the Site will be uninterrupted or free of errors or that this Site is free of viruses or other harmful components. EOX may change the layout, material or service-provided Content on the Site without prior notice.
Last updated 23 January 2018
Personal data privacy
By accessing the mapalupa website, certain information about Users, such as internet protocol (IP) addresses, navigation through the site, time spent, as well as other similar information, will be stored on the EOX servers. This information will be used internally for website traffic analysis only. If Users provide unique identifying information, such as name, address and other information on forms stored on the Site, this information will be used for statistical purposes only and will not be published or made available for general access.
Passwords stored for access to the Services are encrypted.
The email address may be used to contact the User to inform about changes to the Service or to inquire about the user's interest in this Service. The User agrees to receiving these emails, but may at any time request unsubscription by sending an email to firstname.lastname@example.org.
EOX does not sell or rent its website users' names, addresses, email addresses or other personal information.
Use of IP Addresses
The IP address is a number that is automatically given to your computer when you are surfing on the internet. Servers that host web pages, automatically identify your computer through its IP number. The Service Provider uses IP addresses in order to carry out statistics, however, as IP addresses and personal identification are not linked to each other users remain anonymous.
Cookies are pieces of information that a website transfers to an individual hard drive for record-keeping purposes; passwords are not saved in cookies. We distinguish between cookies required for the functioning of the service, tracking cookies and third-party cookies:
- Required cookies are those used for user authentication. Users not accepting these cookies cannot use the mapalupa Service.
- Tracking cookies help the Service Provider to know which pages are visited most often and helps the Service Provider to ensure that its website responds to users' needs. To opt out of tracking, the “Do not track” preference can be configured in User browsers.
- Third party cookies are set by external web pages for their purposes and are neither controlled nor read by the Service Provider.
The Service Provider does not use personal identification details transferred through cookies either for promotion or marketing purposes, nor will such information be shared with a third party.