Mapillary Terms of Use

Last Updated: 6/9/2021

These Terms of Use (“Terms”) apply to your access to and use of the websites, mobile apps and other services, features, APIs, and functionality (collectively, the “Mapillary Services”) provided by Mapillary AB (“Mapillary” or “we”). By creating an account or otherwise using the Mapillary Services, you agree to these Terms. If you do not agree to these Terms, do not use the Mapillary Services.

If you have any questions about these Terms or the Mapillary Services, please contact us at support@mapillary.zendesk.com. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

Mapillary AB
Org.nr: 556939-7952
Malmtorgsgatan 8
111 51 Stockholm

1. Eligibility

2. User Accounts and Account Security

You will need to register for an account to access some of the Mapillary Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You may not permit others to access your account. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone other than you has accessed your account without your permission. You are responsible for any activities on your account unless unauthorized access is obtained solely because of a failure of our security measures. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

3. Licenses

4. User Content

5. Prohibited Conduct and Content

6. Notifications Regarding Content Blurring

We use technology designed to blur the faces of individuals and vehicle license plates. If you observe any Content on the Mapillary Services that reveals faces, license plates, or other information that may contain personal information, use the content flagging tools in the Mapillary Services to alert us so that we may review and address the issue, as appropriate. Alternatively, you may contact us at support@mapillary.zendesk.com to alert us to other issues related to blurring of Content.

7. Trademarks

Mapillary AB, Mapillary, and our logos, our product or service names, our slogans and the look and feel of the Mapillary Services are trademarks of Mapillary and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Mapillary Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

8. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Mapillary or the Mapillary Services (collectively, “Feedback”). You understand that we and our affiliates may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that Mapillary may treat Feedback as nonconfidential.

9. Complaints

Please contact support@mapillary.zendesk.com to notify us of anything on the Mapillary Services that infringes other rights (like copyright, counterfeiting, insult, invasion of privacy) or if you discover that any Mapillary Services content (such as User Content) promotes crimes against humanity, incites racial hatred or violence or concerns child pornography. When submitting a notice, you must identify the date of notification; if you are a natural person: your full name, profession, domicile, nationality, date and place of birth; the name and domicile of the recipient or, in the case of a legal person, its name and registered office; the description of the disputed facts and their precise location (e.g. URL link to the disputed content); the reasons why the content must be removed, including the legal provisions and justifications of facts; a copy of the correspondence addressed to the author or publisher of the disputed information or activities requesting their interruption, removal or modification, or justification that the author or publisher could not be contacted. Any incomplete notice may not be processed. WARNING: In some jurisdictions, presenting content or an activity as illegal for the purpose of obtaining its removal by presenting false or inaccurate information is punishable by imprisonment and fines.

10. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Mapillary Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Mapillary does not control or endorse any Third-Party Content, and can make no guarantee of its accuracy. You are solely responsible for compliance with any applicable terms that govern Third-Party Content.

11. Additional Terms for Developers

Certain Mapillary Services, including the Mapillary API, Mapillary vector tiles, and the MapillaryJS library, (“Developer Tools”) are tools we offer to software developers who work on building map platforms, geospatial tools, and location-based services (“Developer”). If you are a Developer, this Section 11 applies to you.

You must register any application you intend to use with our Developer Tools with us here to obtain a client_id. Each application must have a unique client_id, and must be designed to provide products or services that materially supplement those provided via the Mapillary Services (and not to merely redistribute Content or create applications that substantially replicate the functionality of Mapillary Services). You must ensure your application is using the most current version of the Developer Tools. You may not make any promises or warranties on our behalf or allocate any responsibility to Mapillary.

Mapillary reserves the right to throttle usage, revoke client_ids, or exercise any other rights we have under these Terms if we suspect you are misusing the developer resources or if we otherwise believe necessary to protect our or any third party’s rights or interests. You authorize us to monitor your use of Developer Tools to ensure compliance with these Terms. You will not seek to block or otherwise interfere with our monitoring efforts, and you authorize us to use technical means to overcome any methods you may use to block or interfere with our monitoring.

You must adhere to the attribution requirements set forth below and as applicable to any User Content provided by others that you obtain.

12. Use of the Mapillary Services for Commercial Purposes

If you choose to use the Mapillary Services for a commercial purpose (whether as a sole proprietor or on behalf of a legal entity), the following additional terms apply:

13. Information about OpenStreetMap

As part of our commitment to OpenStreetMap, we permit you and others to use the mapillary Services, and all data and content included therein (including User Content), to develop, edit and contribute content to OpenStreetMap. Your contributions to OpenStreetMap are subject to the OpenStreetMap Foundation’s Contributor Terms (currently available here), and you agree to comply with those terms.

14. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Mapillary and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (collectively, the “Mapillary Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Mapillary Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Mapillary Services. You agree to promptly notify Mapillary Parties of any third-party Claims, cooperate with Mapillary Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Mapillary Parties will have control of the defense or settlement, at Mapillary’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a separate written agreement between you and Mapillary or the other Mapillary Parties.

15. Warranty

Mapillary provides the Mapillary Services using reasonable skill and care. If we do not meet the quality level described in this warranty, you agree to inform us and we will work with you to try to resolve the issue.

16. Disclaimers

Other than as set out in Section 15 and as provided under applicable laws, Mapillary does not make any commitments about the Content, the specific functions of the Mapillary Services or their reliability, availability or ability to meet your needs. In addition, unless required by law, we don’t provide implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

17. Limitation of Liability

18. Transfer and Processing Data

In order for us to provide the Mapillary Services, you agree that we may process, transfer and store information about you in Sweden, the United States and other countries, where you may not have the same rights and protections as you do under local law.

19. Governing Law and Venue

Any dispute arising from these Terms and your use of the Mapillary Services will be governed by and construed and enforced in accordance with the laws of Sweden. However, you will benefit from any mandatory provisions of the law of your local jurisdiction, and nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. You or we may bring a legal action relating to these Terms or our relationship in the courts of Sweden or in the courts located in your country of residence. The European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. You are free to accept or reject the use of mediation and, in case of mediation, each party is free to accept or reject the solution proposed by the mediator.

20. Modifying and Terminating our Services

21. Terms for Government Users

If the Mapillary Services are acquired or used by any agency of the U.S. Government, such agency acknowledges that (a) the Mapillary Services constitute “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency’s rights are limited to those specifically granted under these Terms (or any applicable additional license terms we provide).

22. Export Compliance

All or part of the Mapillary Services may be subject to U.S. export control and economic sanctions laws (“Export Controls”). You will abide by all Export Controls as they relate to your access and use of the Mapillary Services. You may not access or use the Mapillary Services if you are located in a jurisdiction where the provision of our Services is prohibited by law (a “Prohibited Jurisdiction”), and you may not provide access to our Services to any government, entity or individual located in any Prohibited Jurisdiction. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

23. Additional Terms and Amendments

24. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

25. Miscellaneous

26. Additional Terms for iOS Users

The following terms also apply if you are accessing or using one of our mobile apps (an “App”) on an Apple Inc. (“Apple”) branded mobile device.