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Mapillary Terms of Use - Commercial Use Supplement

This Commercial Use Supplement (the “Supplement”) modifies, supplements and is made a part of the Mapillary Terms of Use at https://www.mapillary.com/terms (“Mapillary Terms of Use”), by and between Mapillary AB, organized under the laws of Sweden with a principal place of business at Bredgatan 4, 21130 Malmö, Sweden (“Mapillary”), and the person or entity accepting the terms of this Supplement (“Customer”). Except as expressly amended herein, the Mapillary Terms of Use will remain unaltered and in full force and effect. In the event of any conflict or inconsistency between the Mapillary Terms of Use and this Supplement, this Supplement will control. Capitalized terms not defined in this Supplement will have the same meaning as the identical capitalized terms in the Mapillary Terms of Use, unless otherwise stated. For all purposes of the Mapillary Terms of Use, the term “you” and “your” as defined in the Mapillary Terms of Use includes Customer, and the term “Terms” as defined in the Mapillary Terms of Use includes this Supplement. The term “Agreement” means the Mapillary Terms of Use and this Supplement.

Customer desires to make Commercial Use of the Mapillary Solution, and Mapillary is willing to permit such Commercial Use pursuant to and in accordance with the Agreement. For clarity, all imagery, data, and information derived from or submitted by or for Customer will be deemed “Content” for all purposes of the Agreement.

Commercial Use Access

1.1 Availability. Subject to Customer's compliance with the Agreement, Mapillary grants Commercial Use access to the Mapillary Solution and Content. Customer's Commercial Use of Content or the Mapillary Solution constitutes Customer's agreement and assent to all terms and conditions of the Agreement.

1.2 Commercial Use. Customer's access rights and permitted activity under Commercial Use may consist of: (a) use for commercial and/or research purposes, including for improvement, training, and development of any Customer product, service, map, study, platform, website, application, software, algorithm, dataset, solution, or technology; and (b) use in the provision of services for or on behalf of one or more Customer clients.

1.3 Deidentification. In relation to all Content provided by Mapillary to Customer pursuant to the Agreement, Customer: (a) will make no attempt to reidentify any individual whose identity has been obscured; and (b) has implemented and will maintain: (i) technical safeguards and business processes that prohibit such reidentification; and (ii) business processes to prevent inadvertent release of any Content.

1.4 Change to Mapillary Terms of Use. Subject to Customer's compliance with the Agreement, the licenses granted by Mapillary to Customer in section 1.1(b) of the Mapillary Terms of Use under the Outbound Terms, and under this Supplement, are perpetual (terminable only by operation of section 3.2 below).

1.5 Consent to Emails. Customer consents to receive notices pertaining to the Agreement in email messages from Mapillary, which may be transactional, for account management purposes, or for communications relating to or provided as part of the Mapillary Solution, including notifications related to subscriptions or access, administrative notices and service announcements or changes.

1.6 Information. Without limiting the generality of section 1.3 of the Mapillary Terms of Use, Customer acknowledges and agrees to the collection, storage, processing, implementation, and use by or for Mapillary of anonymized or non-personally identifying data (including Metadata, analytical, diagnostic and technical data, and usage statistics), concerning or arising from Content and Customer's and all users' use of the Mapillary Solution, in whole or in part, for Mapillary's own commercial and non-commercial purposes, including: (a) in order to provide, maintain and improve the Mapillary Solution and Content, (b) for product development and marketing purposes, and (c) for verifying Agreement compliance.

Payment

Not applicable; Customer owes no fees under this Supplement.

Termination

3.1 Term. Customer’s Commercial Use subscription hereunder is perpetual, terminable per section 3.2.

3.2 Termination. Notwithstanding section 7.3 of the Mapillary Terms of Use, Customer's Commercial Use will be terminable as follows: (a) if Customer breaches a remediable material term or condition of this Agreement and fails to cure such breach within ten days following written notice of breach from Mapillary; (b) if Customer commits a material non-remediable breach of this Agreement, or a successive material breach that was the subject of a prior notice under this section 3.2(a); and (c) immediately upon breach by Customer of any of the obligations under sections 2.1, 2.3, 2.4, 3.1, 4.1, 4.2, or 4.3 of the Mapillary Terms of Use. Notwithstanding anything contained herein or in the Terms of Use, Mapillary may, at any time on or after one year from the date of Customer’s acceptance of this Supplement, terminate this Supplement at any time and for any reason, upon thirty days written notice to Customer.

3.3 Effect. Rightful and lawful termination, or expiration under the terms hereof, will not give rise to the right for the non-terminating party, or to either party in the case of expiration, to recover damages or to indemnification of any nature. The rights under this section 3 are in addition to any other rights and remedies permitted by law or under the Agreement. Breach of the Agreement may result in pursuit of all available remedies for intellectual property rights (including copyright infringement), the availability of which Customer hereby acknowledges.

(end of Supplement)