Marketplace Terms

These terms (the “Marketplace Terms”) constitute a legal agreement between you and Mapillary AB, company reg. no. 556939-7952, with address Bredgatan 4, 211 30 Malmö, Sweden (“Mapillary”, “we”, “us”, “our”), governing your use of the Mapillary Marketplace (as defined below).

These Marketplace Terms supplements Mapillary’s terms of use (the “Terms of Use”) when using the Mapillary Marketplace. Any terms not defined herein shall have the meaning ascribed to them in the Terms of Use. The Mapillary Marketplace is an integrated part of the Mapillary Solution. You acknowledge and agree that the Terms of Use applies to your use of, and to all Content provided through, the Mapillary Marketplace. Any provisions not expressly regulated in these Marketplace Terms are governed by the Terms of Use, including, but not limited to, Mapillary’s right to the Mapillary Solution and Content, limitations of liability and governing law.

We reserve the right at our discretion to propose modifications to these Marketplace Terms periodically. We will notify you of such changes via an email sent to the email address we have on file for you or via other notification mechanisms. Your continued use of and access to the Mapillary Marketplace after notice of such modifications indicates your acceptance of and agreement to the modified Marketplace Terms.

The Mapillary Marketplace and Mapillary’s role

Mapillary is an independent and neutral provider of street-level imagery and map data. For further information on the Mapillary Solution, including the Site, the App and the Services, please visit www.mapillary.com. 

The Mapillary Marketplace is a web-based and mobile platform which enables individuals and/or companies (the “Requester”) to engage an individual and/or company (the “Provider”) to provide images regarding specific locations or data verification (the “Content”) to the Requester through the Mapillary Solution. The Mapillary Marketplace and related services provided by Mapillary, including without limitation communications and information provided by Mapillary to potential and actual Providers and Requesters, are collectively referred to as the “Mapillary Marketplace”.

The Requester publishes a request for Content for a specific location to be provided in the Mapillary Solution with specified terms for performing the requested task and, if applicable, remuneration that will be paid to the Provider when the Provider has submitted the Content through the Mapillary Solution (the “Task”).

The Mapillary Marketplace is a platform for Requesters and Providers to connect and conduct transactions. Unless Mapillary participates on the Mapillary Marketplace as a Requester, our only role is to host the Mapillary Marketplace and enable the connection between Requester and Provider. Mapillary is not involved in the transaction and have no control over

Mapillary is not responsible for any actions of any Requester or Provider. Because Mapillary is not a party to the transaction between the Requester and the Provider, Mapillary is not responsible for resolving any disputes between the parties related to any transactions or Tasks. Mapillary may, at its own choosing, try to resolve any disputes and may offer compensation as appropriate on a case-by-case basis.

Mapillary reserves the right to monitor and investigate any Tasks, transactions, activities or Content associated with the Mapillary Marketplace, the Mapillary Solution or your account should we suspect illegal activity including, but not limited to, fraudulent behavior, criminal actions or activity contrary to the Terms of Use, these Marketplace Terms or any other policy of Mapillary that may apply.

Mapillary is constantly changing and improving the Mapillary Marketplace. Mapillary may add or remove functionalities or features, and may suspend or stop the Mapillary Marketplace altogether. 

The Requesters

In accordance with Section 1.3 in the Terms of Use, you grant to us the perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sub-licensable, non-exclusive right and license to use, reproduce, modify, create derivative works of, perform, display and distribute without restriction (including via any medium) Content, in whole or in part, for commercial and non-commercial purposes, including (a) for purposes of providing, developing, improving, making available (including via public search engines), promoting and marketing the Mapillary Solution and (b) making available Mapillary User Content under the Outbound Terms. Further, you agree that we are free to use and implement in perpetuity without compensation, attribution or obligation to you any feedback, benchmarks, requirements, suggestions, criticisms, improvements, recommendations, ideas, and error corrections provided by you to us relating to the Mapillary Solution.

You acknowledge and agree that all images captured by the Provider will be tagged with an image credit “@Provider for @Requester”, or similar, when used in the Mapillary Solution, where “@Provider” will state the Provider’s username and “@Requester” will state the username or Organization name of the Requester.

As a Requester, you agree that once a Task that you have requested is marked as complete by the Provider, you shall review and approve the Task, and facilitate the payment through the Payment Service Provider (as defined in Section 4.1 below) as soon as possible and within a reasonable time but no later than 60 days.

The Providers

Before registering as a Provider, all users must first become a certified user by completing Mapillary’s onboarding process (the “Onboarding Process”).

The Onboarding Process may include, but is not limited to, verification of identity. Mapillary may at any time change the Onboarding Process, and may require existing Providers to complete the revised Onboarding Process.

As a Provider you acknowledge and agree to hereby irrevocably and unconditionally assign to the Requester all rights including all intellectual property rights to all Content. The Requester has the right to assign or license the Content, or part thereof, to any third party.

The Requester’s right to use and dispose of the Content is unlimited and thus applies regardless of media.

Furthermore, the Requester’s right to use the Content includes, without any limitation being intended, the right to adapt, adjust, retouch or otherwise manipulate or edit the Content, transfer the Content to other media or technique, combine them with other material or images, alter the size, shape, or to make any other alterations in or to the Content. The Requester’s right to use and dispose of the Content also includes the right to reproduce, distribute, display and otherwise make the Content available to the public in its original or altered form. For the avoidance of doubt, it is noted that the Requester also has the right to take legal measures against third parties’ illegitimate or unauthorized use of the Content. The right to take legal measures against and possible damages for third parties’ such use of the Content, shall thus exclusively belong to the Requester. 

The Requester’s ownership and thereto connected rights to use and dispose of the Content applies without geographical restriction and without limitation in time.

The Requester’s right to use and dispose of the Content is exclusive. The Provider is thus not entitled to use in any commercial manner or dispose of the Content without the Requester’s prior written permission.

All rights to the Content are assigned to the Requester when the Content is uploaded to the Mapillary Marketplace without the need of any additional documentation than these Marketplace Terms.

As a Provider, you perform Tasks for Requesters in your personal capacity as an independent contractor and not as an employee of Mapillary or the Requester.

As a Provider you agree that:

When processing your personal data within the scope of the Mapillary Marketplace, Mapillary and the Requester you perform a Task for, act as joint controllers. The respective responsibilities for compliance with the obligations under the GDPR are described in our joint data controller arrangement set out in the Terms of Use. The Terms of Use and Mapillary’s privacy policy are available on our Site.

Payment services

Mapillary uses the services of a third party payment service provider to process payments and related transactions on the Mapillary Marketplace (the “Payment Service Provider”). All payments made by Requesters to Providers for Tasks must be made through the Payment Service Provider in the Mapillary Marketplace platform. Your use of the Payment Service Provider is subject to the terms and conditions of the Payment Service Provider and the terms and conditions below.

You may be required to register, agree to terms of use and go through a vetting process at the request of the Payment Service Provider to set up an account with the Payment Service Provider (the “PSP Requirements”). By accepting these Marketplace Terms, you acknowledge and agree that you have agreed to the PSP Requirements and that you have taken the steps necessary to pay and/or receive payment through the Payment Service Provider as required by them. If you have not completed and agreed to the PSP Requirements you may not be able to pay/receive payment for completed Tasks. There may be a delay in receiving the approval from the PSP Requirements due to the Payment Service Provider’s vetting process. In such cases, you will not be able to pay/receive payment until such approval has been granted. 

When using the Mapillary Marketplace as a Requester, you will, in addition to the payment to the Provider for the performed Task, be charged a service fee by Mapillary applied from time to time (the “Service Fees”). The Sercive Fees will be clearly indicated in the Mapillary Marketplace. We may change the Service Fees over time.

When a Provider has finalized one or several Tasks, including uploading the Content to the Mapillary Solution, the Provider shall mark the applicable Tasks as completed. Once the Requester has approved the completed Tasks, the Provider will be paid the agreed amount within a reasonable period of time.

As stated in Section 1.4, Mapillary is not involved in the transactions between the Requester and the Provider, except for our limited role in facilitating the payment service on the Site. Mapillary does not guarantee payment on behalf of any Requester and is not liable for any failure, delay or damages arising out of the payment service or any transactions entered into through the Mapillary Marketplace.

You acknowledge and agree that it is your responsibility to assess, determine all taxes and duties applicable in connection with any request for, or performance of a Task, or your use of the Mapillary Marketplace. Furthermore, you agree that it is your responsibility to collect, withhold, report and remit correct taxes to the appropriate tax authority and to otherwise be responsible for the collection and payment of any and all taxes applicable to you.

Equipment to perform Tasks

As a Provider, you shall use your own equipment to perform the Tasks.

A Provider may be offered to borrow or be provided with equipment from Mapillary or a Requester. In such cases, Mapillary or Requester is not in any way liable for any damages or defects to, or caused by, the equipment. The equipment is borrowed by or provided to the Provider “as is” and Mapillary or Requester makes no warranties as to the equipment’s functionality. Furthermore, Mapillary or Requester is not responsible for maintaining or repairing the equipment. 

Intellectual Property Rights

Subject to your proper fulfilment of these Marketplace Terms, Mapillary grants you a personal, non-assignable and non-exclusive license to use the Mapillary Marketplace. This license is for the sole purpose of enabling you to use the Mapillary Marketplace as provided by Mapillary, in the manner permitted by these Marketplace Terms. You may not copy, modify, distribute, sell or lease any part of the Mapillary Marketplace, the Site, the App or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have been granted Mapillary’s written permission. You shall not, directly or indirectly, use, register or try to register any trademark or any other words or phrases, or name of a company or organization, which are or may be considered as similar to Mapillary’s trademarks, or attempt to do anything of the aforesaid.

Use of the Mapillary Marketplace

You are solely responsible for the technical equipment and any additional services needed to use the Mapillary Marketplace, such as computers, mobile phones, mobile phone subscriptions, Internet access and WiFi connection. As a Provider, you are responsible for any costs arising during your performance of Tasks, including (but not limited to) costs for fuel, vehicle maintenance, tolls, insurance, shipping of equipment and packages. You acknowledge and accept that the provision of the Mapillary Marketplace is dependent upon third party providers, e.g. internet providers or cloud services, and that Mapillary has no responsibility for such third party services.

Assignment

You may not assign any or transfer any rights under these Marketplace Terms to any other person. Any attempted transfer or assignment shall be null and void. Mapillary may assign or transfer its rights without restriction.

Contact

Please contact us at support@mapillary.com with any questions regarding these Marketplace Terms.

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