Last Updated: November 2, 2017
This page contains the Mapfit APIs Terms of Service. If you have questions about these terms, please consult the FAQ’s Terms of Service section. These terms do not apply if you have entered into a separate written agreement with Mapfit related to the Mapfit APIs.
1.1 Use of the Service is Subject to these Terms. Your use of any of the Mapfit services (referred to in this document as the "Maps API(s)" or the "Service") is subject to the terms of a legal agreement between you and Mapfit (the "Terms"). "Mapfit" means Mapfit Inc., with offices at 119 W 24th St, 4th Floor, New York, NY 10011.
a. Unless otherwise agreed in writing with Mapfit, the Terms will include the following:
i. the terms and conditions in this document (the "APIs Terms");
ii. the Legal Notices; and
b. Before you use the Maps API(s), you should read each of the documents comprising the Terms, and print or save a local copy for your records.
1.3 Use of Other Mapfit Services and Additional Terms. If you use the Maps API(s) in conjunction with any other Mapfit products, including any other Mapfit API(s), (collectively, the Service and all other Mapfit products and services are referred to as the "Mapfit Services"), your agreement with Mapfit will also include the terms applicable to those Mapfit Services. All of these are referred to as the "Additional Terms." If Additional Terms apply, they will be accessible to you either within or through your use of the applicable Mapfit Services. If there is any contradiction between the Additional Terms and the APIs Terms, then the APIs Terms will take precedence only as they relate to the Maps API(s), and not to any other Mapfit Services.
1.4 Precedence of APIs Terms. If there is any contradiction between the APIs Terms and other Maps API(s)-related documents (including the Mapfit Maps Documentation), then the APIs Terms will take precedence.
1.5 Changes to the Terms. Mapfit reserves the right to make changes to the Terms from time to time. When these changes are made, Mapfit will make a new copy of the Terms available at http://www.mapfit.com (or such other URL as Mapfit may provide). You understand and agree that if you use the Service after the date on which the Terms have changed, Mapfit will treat your use as acceptance of the updated Terms. If a modification is unacceptable to you, you may terminate this agreement by ceasing use of the Maps API(s).
2.1 Clicking to Accept or Using the Maps API(s). In order to use the Maps API(s), you must agree to the Terms by:
a. clicking to accept the Terms, where this option is made available to you by Mapfit in the Service’s user interface; or
b. using the Maps API(s) or Mapfit services. You understand and agree that Mapfit will treat your use of the Maps API(s) as acceptance of the Terms from that point onwards.
2.2 U.S. Law Restrictions. You may not use the Maps API(s) and may not accept the Terms if you are a person barred from using the Service under United States law.
2.3 Authority to Accept the Terms. 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.
3.4 Applicable Privacy Laws. You will comply with all applicable laws relating to the collection of information from visitors to your Maps API or Mapfit service Implementation.
4.1 Mapfit’s Subsidiaries and Affiliates. Mapfit has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Service to you on behalf of Mapfit itself. You understand and agree that Subsidiaries and Affiliates will be entitled to provide the Service to you.
4.2 Limits on Your Use of the Service. You understand and agree that Mapfit may limit the number of transactions you may send or receive through the Service; such fixed upper limits may be set by Mapfit at any time, at Mapfit’s discretion. For further information, see Section 10.4(b) below.
4.3 Changes to the Service; Deprecation Policy. The following is the Service’s "Deprecation Policy":
a. Mapfit will announce if it intends to remove major features from, or discontinue, an API or the Service through email to you, or in an appropriate place at www.mapfit.com.
b. Mapfit will use commercially reasonable efforts to continue to operate those Mapfit Maps API versions and features until three (3) months after the announcement, unless Mapfit determines in its reasonable good faith judgment that:
i. it is required by law or third-party relationship (including changes in law or relationships) to make those changes earlier; or
ii. doing so could create a security risk or substantial economic or material technical burden.
5.1 Signing Up for a Mapfit Account. In order to access the Service, you must have and maintain a Mapfit Account in good standing. You must ensure that any information you give to Mapfit in connection with your Mapfit Account or the Service will always be accurate, correct, and up to date.
5.2 Your Passwords and Account Security. You will be solely responsible to Mapfit for your use of the Service. You must notify Mapfit immediately if you become aware of any unauthorized use of your password; your Mapfit Account; or any unique identifier that Mapfit requires you to use, such as an API Key or client ID (a "Developer Identifier").
You understand and agree that Mapfit and its licensors and their suppliers (as applicable) own all legal right, title, and interest in and to the Service and Content, including any intellectual property rights in the Service and Content (whether those rights are registered or not, and wherever in the world those rights may exist).
You will use the Service only for purposes that:
a. are permitted by the Terms (including the Licenses in Section 8);
b. are permitted by any applicable law or third-party contract in the relevant jurisdictions; and
c. comply with all applicable policies or guidelines made available by Mapfit, including in the Documentation.
a. "Brand Features" means trade names, trademarks, logos, domain names, and other distinctive brand features.
b. "Content" means any content provided through the Service (whether created by Mapfit or its third-party licensors), including map and terrain data, imagery, traffic data, and places data (including business listings).
c. "Maps API Implementation" means a software application, website, or other implementation that uses the Maps API(s) to obtain and display Content in conjunction with Your Content.
d. "Your Content" means any content that you provide in your Maps API Implementation, including data, images, video, or software. Your Content does not include the Content as defined in Subsection (b).
8.2 Service License. Subject to these Terms (including Section 9 (License Requirements) and Section 10 (License Restrictions)), during the term of this agreement, Mapfit gives you a non-exclusive, worldwide, personal, non-transferable, non-assignable, non-sublicensable, royalty-free license to use the Service as provided by Mapfit, in the manner permitted by the Terms.
8.3 Content License. Subject to these Terms (including Sections 8.3(a) and (b), Section 9 (License Requirements), andSection 10 (License Restrictions)), during the term of this agreement, Mapfit gives you a non-exclusive, worldwide, personal, non-transferable,non-assignable, non-sublicensable, royalty-free license to use the Content in your Maps API Implementation, as the Content is provided in the Service, and in the manner permitted by the Terms.
a. Content (including map data, traffic, directions, and places) is provided for planning purposes only. You may find that weather conditions, construction projects, closures, or other events may cause road conditions or directions to differ from the results depicted in the Content. You should exercise judgment in your use of the Content.
b. Certain Content is provided under license from third parties, and is subject to copyright and other intellectual property rights owned by or licensed to such third parties. You may be held liable for any unauthorized use of this content. Your use of third-party Content (including certain business listings Content) is subject to additional restrictions located in the Legal Notices page.
a. Grant. Subject to these Terms (including Section 8.4(b), Section 9 (License Requirements), and Section 10 (License Restrictions)), during the term of this agreement, Mapfit gives you a non-exclusive, worldwide, personal, non-transferable, non-assignable, non-sublicensable, royalty-free license to display Mapfit’s Brand Features solely for the purposes of (i) promoting or advertising your authorized use of the Service in accordance with this Section and (ii) fulfilling your obligations under the Terms.
Restrictions. In using Mapfit Brand Features, you will not:
i. display a Mapfit Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Mapfit (other than your use of the Service), or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of, Mapfit or its personnel;
ii. display a Mapfit Brand Feature in your Maps API Implementation, site, or other propert(ies) if any of them contain or display adult content or promote illegal activities, gambling, or the sale of tobacco or alcohol to persons under 21 years of age;
iii. have the Mapfit logo as the largest logo in your Maps API Implementation, site, or other propert(ies) (except as displayed in the map image itself);
iv. display a Mapfit Brand Feature as the most prominent element in your Maps API Implementation, on any page of your site, or on any of your other propert(ies);
v. display a Mapfit Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Mapfit;
vi. use Mapfit Brand Features to disparage Mapfit or the Mapfit Services;
vii. display a Mapfit Brand Feature in your Maps API Implementation, site, or other propert(ies) that violate any law or regulation; or
viii. remove, distort, or alter any element of a Mapfit Brand Feature (including squeezing, stretching, inverting, or discoloring).
c. No further license grant; no challenges. Except as stated in this Section, nothing in the Terms grants or will be deemed to grant you any right, title, or interest in Mapfit’s Brand Features. Your use of Mapfit’s Brand Features (including any goodwill associated with them) will inure to Mapfit’s benefit. During and after the Term, and to the maximum extent permitted by applicable law, you will not challenge or assist others to challenge Mapfit’s Brand Features (or their registration by Mapfit), and you will not attempt to register any Brand Features (including domain names) that are confusingly similar to Mapfit’s in any way (including in sound, appearance, or spelling).
8.6 U.S. Government Restricted Rights. If the Service or Content is being used or accessed by or on behalf of the United States government, such use is subject to additional terms located in our Legal Notices page’s "Government End Users" section
8.7 Determination of Compliance. Mapfit reserves the sole right and discretion to determine whether your use of the Service, Content, and Brand Features complies with these Terms.
Mapfit’s licenses above are subject to your compliance with the following requirements:
9.1.1 General Rules.
a. Free access (no fees). Subject to Section 9.1.2 (Exceptions), your Maps API Implementation must be accessible to the general public without charge and must not require a fee-based subscription or other fee-based restricted access. This rule applies to Your Content and any other content in your Maps API Implementation, whether Your Content or the other content exists now or is added later.
b. Public access (no firewall). Your Maps API Implementation must not operate (i) only behind a firewall; or (ii) only on an internal network (except during the development and testing phase); or (iii) in a closed community (for example, through invitation-only access).
a. Enterprise agreement with Mapfit. The rules in Section 9.1.1 (Free access, Public access) do not apply if you have entered into a separate written agreement with Mapfit or obtained Mapfit's written permission.
b. Mobile applications.
i. The rule in Section 9.1.1(a) (Free access) does not apply if your Maps API Implementation is used in a mobile application that is sold for a fee through an online store and is downloadable to a mobile device that can access the online store.
ii. The rule in Section 9.1.1(b) (Public access) does not apply if your Maps API Implementation is an Android application that uses the Mapfit Maps Android API. (However, the rule in Section 9.1.1(b) (Public access) will continue to apply if your Maps API Implementation is an Android application that uses any other APIs, unless the Maps API Implementation qualifies for the exception in Section 9.1.2(a) (Enterprise agreement with Mapfit).)
a. You can require users to log in to your Maps API Implementation if you do not require users to pay a fee.
b. You can charge a fee for your Maps API Implementation if it is a mobile downloadable to mobile devices from well-known and reputable online sources.
c. If you are a consultant who creates or hosts Maps API Implementations for third-party customers, you may charge those customers a fee for your consulting or hosting services (but not for the Maps API Implementations themselves, except as permitted under Section 9.1.2 (Exceptions)).
9.2 Reporting. You must implement those reporting mechanisms that Mapfit requires (as updated from time to time in these Terms and in the APIs Documentation).
a. display to the users of your Maps API Implementation the link to Mapfit’s Terms of Service as presented through the Service or described in the APIs Documentation;
c. protect the privacy and legal rights of those users.
A. Geolocation privacy
1. Your Maps API Implementation must notify the user in advance of the type(s) of data that you intend to collect from the user or the user’s device. Your Maps API Implementation must not obtain or cache any user’s location in any manner except with the user's prior consent. Your Maps API Implementation must let the user revoke the user's consent at any time.
2. If your Maps API Implementation provides Mapfit with geolocation data, that geolocation data must not enable Mapfit to identify an individual user. For example, if your Maps API Implementation sends Mapfit Your Content, and Your Content includes geolocation data, Your Content must not also include unique device identifiers associated with individual users.
3. If you intend to obtain the user’s location and use it with any other data provider's data, you must disclose this fact to the user.
C. Cookies. As noted in the Documentation, certain Maps API(s) store and access cookies and other information on end users’ devices. If you use any of these cookie-enabled Maps API(s) in your Maps API Implementation, then for end users in the European Union, you must comply with the EU User Consent Policy.
a. Content provided to you through the Service may contain the Brand Features of Mapfit, its strategic partners, or other third-party rights holders of content that Mapfit indexes. When Mapfit provides those Brand Features or other attribution through the Service, you must display such attribution as provided (or as described in the APIs Documentation) and must not delete or alter the attribution.
b. You must conspicuously display the "powered by Mapfit" attribution (and any other attribution(s) required by Mapfit in the APIs Documentation) on or adjacent to the relevant Service search box and Mapfit search results. If you use the standard Mapfit search control, or the standard Mapfit search control form, this attribution will be included automatically, and you must not modify or obscure this automatically-generated attribution.
c. You understand and agree that Mapfit has the sole right and discretion to determine whether your attribution(s) are in compliance with the above requirements.
9.5 Preventing Unauthorized Use. You will use all reasonable efforts to prevent unauthorized use of the Service and to terminate any such unauthorized use.
9.6 Responsibility for Breaches. You are solely responsible for (and Mapfit has no responsibility to you or any third party for) any breach of your obligations under the Terms and for the consequences of any such breach (including any loss or damage that Mapfit may suffer).
a. No access to APIs or Content except through the Service. You will not access the Maps API(s) or the Content except through the Service. For example, you must not access map tiles or data through interfaces or channels (including undocumented Mapfit interfaces) other than the Maps API(s).
b. No access to Service without applicable Developer Identifier(s). For certain versions or features of the Maps API(s), Mapfit may require you to use a Developer Identifier to access and administer the Service. If a Developer Identifier is required under the Documentation, you will not access the Service without the Developer Identifier.
c. No hiding identity. You will not hide from Mapfit the identity of your Maps API Implementation. You must follow the identification conventions in the Documentation.
10.2 General Mapfit API Restrictions. The following restrictions apply generally to all Mapfit Services, including the Mapfit application programming interfaces at https://www.mapfit.com (or such other URL as Mapfit may provide) (the "Mapfit API(s)"). You will not:
a. Sublicense a Mapfit API for use by a third party. Consequently, you will not create an API client that functions substantially the same as the Mapfit APIs and offer it for use by third parties.
b. Perform an action with the intent of introducing to Mapfit Services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
c. Defame, abuse, harass, stalk, or threaten others.
d. Interfere with or disrupt the Mapfit APIs or the servers or networks providing the Mapfit APIs.
e. Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
f. Reverse engineer or attempt to extract the source code from any Mapfit API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
g. Use the Mapfit APIs for any activities where the use or failure of the Mapfit APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
h. Use the Mapfit APIs to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.
i. Remove, obscure, or alter any Mapfit terms of service, or any links to or notices of those terms.
a. No violation of Mapfit’s Software Principles. You will not violate Mapfit’s Software Principles at http://www.mapfit.com/software-principles/ (or such other URLs that Mapfit may designate).
b. No modification of search results. You will not modify, reorder, augment, or manipulate map search results in any way unless you explicitly notify the end user of your actions.
a. No use except under these Terms. You will not use the Service or Content except as expressly permitted under these Terms. For example:
i. No fees. You will not charge any third party a fee to use your Maps API Implementation, the Service, or the Content, unless you have purchased an applicable Mapfit Maps license that expressly permits this use.
ii. No printing 5,000+ copies for direct marketing. You will not print more than 5,000 copies of sales collateral materials containing a screenshot of the Content for purposes of commercial sales lead generation.
iii. No use as a core part of printed matter. You will not incorporate the Content as a core part of printed matter (such as a printed map or guide book) that is redistributed for a fee.
b. No use beyond transaction limits and usage policies. If your Maps API Implementation generates a high volume of transactions, Mapfit reserves the right to set transaction limits, as described in the APIs Documentation. Mapfit also reserves the right to set other usage policies in the Documentation from time to time. If you want to engage in use outside these transaction limits or usage policies, you can purchase more usage capacity by contacting the Mapfit team at firstname.lastname@example.org for licensing options to address your needs. Mapfit may decline your request, or condition acceptance on your agreement to additional terms and/or charges for that use.
Restrictions on your Maps API Implementations.
i. No creation of a substitute service. You will not use the Service to create a Maps API Implementation that is a substitute for, or substantially similar service to, Mapfit Maps or the Service.
ii. No creation or augmentation of data sets based on Mapfit’s Content or Services. You will not use Mapfit’s Content or Services to create or augment your own mapping-related dataset (or that of a third party), including a mapping or navigation dataset, business listings database, mailing list, or telemarketing list.
iii. No navigation. You will not use the Service or Content for or in connection with (a) real-time navigation or route guidance; or (b) automatic or autonomous vehicle control.
iv. No asset-tracking unless you have purchased the applicable enterprise license. Unless you have purchased an applicable license that expressly permits you to do so, you will not use the Service or Content for commercial asset-tracking or in Maps API Implementations whose primary purpose is to assess vehicle insurance risks.
A. Commercial asset-tracking includes dispatch, fleet management, and Maps API Implementations that track your (or your end users’) assets (for example, private or commercial transportation applications, including taxi and vehicle-for-hire applications).
B. Non-commercial asset-tracking implementations include applications used for a non-commercial purpose (for example, a free, publicly accessible Maps API Implementation that displays real-time public transit or other transportation status information or that allows end users to share real-time location with others).
v. No use of Content in a listings service. You will not use business listings-related Content in any Customer Implementation that has the primary purpose of making available business, residential address, or telephone directory listings.
vi. No use of Content for an Ads product. You will not use business listings-related Content to create or augment an advertising product.
d. No use of Content without a Mapfit map. Unless the APIs Documentation expressly permits you to do so, you will not use the Content in a Maps API Implementation without a corresponding Mapfit map.
e. No use of Content with a non-Mapfit map. You must not use the Content in a Maps API Implementation that contains a non-Mapfit map.
a. No distribution or sale except as permitted under the Terms. You will not distribute, sell, or otherwise make any part of the Service available to third parties except as permitted by these Terms.
b. No derivative works. You will not modify or create a derivative work based on any Content unless expressly permitted to do so under these Terms. For example, the following are prohibited: (i) creating server-side modification of map tiles; (ii) stitching multiple static map images together to display a map that is larger than permitted in the APIs Documentation; or (iii) tracing or copying the copyrightable elements of Mapfit’s maps or building outlines and creating a new work, such as a new mapping or navigation dataset.
c. No use of Content outside the Service. You will not use any Content outside of the Service except as expressly permitted to do so in Subsection (d). For example, you will not export or save the Content to a third party’s platform or service.
d. No caching or storage. You will not pre-fetch, cache, index, or store any Content to be used outside the Service, except that you may store limited amounts of Content solely for the purpose of improving the performance of your Maps API Implementation due to network latency (and not for the purpose of preventing Mapfit from accurately tracking usage), and only if such storage:
i. is temporary (and in no event more than 30 calendar days);
ii. is secure;
iii. does not manipulate or aggregate any part of the Content or Service; and
iv. does not modify attribution in any way.
e. No mass downloading. You will not use the Service in a manner that gives you or a third party access to mass downloads or bulk feeds of any Content. For example, you are not permitted to offer a batch geocoding service that uses Content contained in the Maps API(s).
f. No incorporating Mapfit software into other software. You will not incorporate any software provided as part of the Service into other software.
g. No removing, obscuring, or altering terms of service, links, or proprietary rights notices. You will not:
i. remove, obscure, or alter any Mapfit terms of service or any links to or notices of those terms, or any copyright, trademark, or other proprietary rights notices; or
ii. falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
10.6 Restrictions on Trying to Shut Down the Service. We want to make sure that the Services remain online and available for all users. To help ensure this, during the agreement term, you will not try to shut down the Services that you have been using by seeking an injunction or exclusion order.
11.1 Content License. Mapfit claims no ownership over Your Content, and you retain copyright and any other rights you already hold in Your Content. By submitting or displaying Your Content through the Service, you give Mapfit a perpetual, irrevocable, non-exclusive, worldwide, sublicensable, royalty-free license to use Your Content solely for the following purposes:
a. enabling Mapfit to provide you with the Service;
b. if you opt to do so through your Maps API Implementation’s features, allowing end users to use Your Content in Mapfit Services; and
c. if you opt to submit Your Content through the Mapfit Places API(s), allowing Mapfit to use that content in Mapfit Services.
11.2 Marketing License. During the term of this agreement, you give Mapfit a non-exclusive, worldwide, sublicensable, royalty-free license to use Your Brand Features and Your Content to publicize or advertise that you are using the Service (for example, by using your marks in presentations, marketing materials, customer lists, financial reports, and website listings (including links to your website), or by creating marketing or advertising materials that show screenshots of the Service in which Your Content is featured).
11.3 Authority to Grant Licenses. You represent and warrant that you have all the rights, power, and authority necessary to grant the above licenses.
This Section 12 applies if you purchase usage capacity (beyond the Service’s transaction limits):
12.1 Free Quota. Certain parts of the Service are provided to you without charge up to the transaction limits described in the APIs Documentation.
12.2 Online Billing. Mapfit will issue an electronic bill to you for all charges accrued above the transaction limits based on your use of the Service during the previous month. You will pay all fees specified in the invoice, including the invoice’s specified currency and payment terms. Mapfit’s measurement of your use of the Service is final.
12.3 Taxes. In association with your purchase of Maps API usage, you are responsible for all applicable government-imposed taxes, except for taxes based on Mapfit’s net income, net worth, employment, and assets (including personal and real property) ("Taxes"), and you will pay Mapfit for the Service without any reduction for Taxes. If Mapfit is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Mapfit with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale.
12.4 Invoice Disputes & Refunds. To the fullest extent permitted by law, you waive all claims relating to fees unless claimed within sixty days after charged (this does not affect any of your rights with your credit card issuer). Refunds (if any) are at Mapfit’s discretion and will only be in the form of credit for the Service. Nothing in these Terms obligates Mapfit to extend credit to any party.
12.5 Delinquent Payments. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Mapfit reserves the right to suspend your access to the Service for any late payments without prior notice to you.
13.1 The Terms will continue to apply until terminated by either you or Mapfit as described below.
13.2 You may terminate your legal agreement with Mapfit by removing the Maps API(s) code from your Maps API Implementation and discontinuing your use of the Service at any time. You do not need to specifically inform Mapfit when you stop using the Service.
13.3 Mapfit reserves the right to terminate these Terms or discontinue the Service, or any portion or feature of the Service, for any reason and at any time without liability or other obligation to you, except as described under Section 4.4 (Changes to the Service; Deprecation Policy).
13.4 Nothing in this Section 13 will affect Mapfit’s rights under Section 4 (Provision of Service by Mapfit).
13.5 When this legal agreement comes to an end, those Terms that by their nature are intended to continue indefinitely will continue to apply, including Sections 6 (Mapfit’s Proprietary Rights); 11.1 (Content License); 13.4 and 13.5 (Terminating this Agreement); 14 (Exclusion of Warranties); 15 (Limitations of Liability); 16 (Indemnities); and 19 (General Legal Terms).
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, WILL EXCLUDE OR LIMIT MAPFIT’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND MAPFIT’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, MAPFIT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT:
a. THE SERVICE WILL MEET YOUR REQUIREMENTS;
b. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
c. THE SERVICE WILL BE ACCURATE OR RELIABLE; AND
d. DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
14.3 ANY CONTENT OBTAINED THROUGH THE MAPFIT SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH CONTENT.
14.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAPFIT, OR THROUGH OR FROM THE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.5 MAPFIT, ITS LICENSORS, AND THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15.1 SUBJECT TO SECTION 14.1, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAPFIT, ITS SUBSIDIARIES, AND AFFILIATES, AND MAPFIT'S LICENSORS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR:
a. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, COMMON LAW, OR STATUTORY DAMAGES); ANY LOSS OF REVENUES OR PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); ANY LOSS OF GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES; OR ANY INTANGIBLE LOSS; OR
b. ANY LOSS OR DAMAGE AS A RESULT OF:
i. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON MAPFIT SERVICES;
ii. ANY CHANGES THAT MAPFIT MAY MAKE TO THE SERVICE, OR ANY PERMANENT OR TEMPORARY DISCONTINUATION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
iii. THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
iv. YOUR FAILURE TO PROVIDE MAPFIT WITH ACCURATE ACCOUNT INFORMATION; OR
v. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
15.2 THE LIMITATIONS ON MAPFIT’S LIABILITY IN SECTION 15.1 ABOVE WILL APPLY WHETHER OR NOT MAPFIT, ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
16.1 You will defend and indemnify Mapfit and its affiliates, directors, officers, employees, strategic partners, licensors, and their suppliers (the "Indemnified Parties") against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
a. your use of the Service or the Content in breach of the Terms or applicable policies;
b. your Maps API Implementation, including any claim that your Maps API Implementation infringes a third party’s rights or violates applicable law; or
c. Your Content.
16.2 You will cooperate as fully as reasonably required in the defense of any allegation or third-party legal proceeding. Mapfit reserves the right, at its own expense, to assume the exclusive control and defense of any indemnified matter under this Section 16.
It is Mapfit’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat offenders.
18.1 The Service may include hyperlinks to other websites or content or resources. Mapfit has no control over any websites or resources that are provided by companies or persons other than Mapfit. You understand and agree that Mapfit is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on, or available from, such websites or resources.
18.2 You understand and agree that Mapfit is not liable for any loss or damage that you may incur as a result of the availability of those external sites or resources, or as a result of any reliance by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such websites or resources.
19.1 Notices. Mapfit may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
19.2 Assignment. Mapfit may assign any part of this agreement without written consent.
19.3 No Waiver. Mapfit will not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms. A waiver will be effective only if Mapfit expressly states in a writing signed by an authorized representative that Mapfit is waiving a specified Term.
19.4 Third-Party Beneficiaries. Mapfit’s affiliates and the Indemnified Parties are third-party beneficiaries to the Terms and are entitled to directly enforce, and rely on, any Terms that confer a right or benefit to them. There are no other third-party beneficiaries to the Terms.
19.5 Entire Agreement. These Terms set out all terms agreed between the parties and supersede all other agreements between the parties relating to its subject matter.
19.6 Severability. If any term (or part of a term) of these Terms is invalid, illegal or unenforceable, the rest of the Terms will remain in effect.
19.7 Equitable Relief. You understand and agree that damages for improper use of the Maps API(s) may be irreparable; therefore, Mapfit is entitled to seek equitable relief, including injunctions in any jurisdiction, in addition to all other remedies it may have.
19.8 Conflicting Languages. If these Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
19.9 Governing Law. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR ANY RELATED MAPFIT SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.