Last Updated: 6/9/2021
111 51 Stockholm
- a) You must be at least 16 years of age to use the Mapillary Services. If you are under 18 years of age (or the age of legal majority where you live), you may use the Mapillary Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the Mapillary Services.
- b) If you use the Mapillary Services on behalf of an entity, (i) all references to “you” throughout the remainder of these Terms will include that entity, (ii) you represent that you are authorized to accept these Terms on that entity’s behalf, and (iii) in the event you or the entity violates these Terms, the entity agrees to be responsible to us.
- c) You may not use the Mapillary Services if you have previously been suspended or removed from the Mapillary Services. Certain Mapillary Services may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements, which will be provided in advance of your acceptance of such requirements.
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.
- a) The Mapillary Services, and all data and content included therein (including User Content, which is defined below), are owned by Mapillary or our licensors and are protected under relevant intellectual property laws. Except as explicitly stated in these Terms, all rights in and to the Mapillary Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Mapillary Services (excluding User Content, which is subject to Section 3(b) below), including to install our mobile apps on a device you own or control. Any use of the Mapillary Services for commercial purposes is subject to the additional terms in Section 12 below.
- b) Your use of any User Content provided by other users is subject to the Creative Commons Share Alike (CC BY-SA) license (available here), unless we indicate otherwise. For instance, we may provide access to certain User Content (alone or in combination with other data sets) under a separate set of license terms (such as the Creative Commons Attribution NonCommercial Share Alike (CC BY-NC-SA license). You agree to comply with the license terms that apply to any of the data sets we make available via the Mapillary Services, including User Content provided by other users. Those license terms will apply to the extent of any conflict between those license terms and these Terms.
- c) Any use of the Mapillary Services other than as specifically authorized herein without our prior written permission, is strictly prohibited.
4. User Content
- a) Some of the Mapillary Services allow you and other users to create, post, store and share content, including images and image sequences, location and route information, videos, comments, messages, text, photos, videos, software, edits, poll responses, posts, votes, ratings, rankings, signals, and other materials (collectively, “User Content“). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Mapillary.
- b) Without limiting your rights and our obligations under data protection law, you grant Mapillary a nonexclusive, royalty-free, irrevocable, worldwide, fully paid, transferable and sublicensable license to use, reproduce, publish, create derivative works from, distribute, publicly perform and display your User Content, for the term of its protection by intellectual property rights, and any name, username or likeness provided in connection with your User Content, for a period of ninety-nine (99) years, in each case in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through the Mapillary Services, you understand that your User Content and any associated information (such as your username, profile photo, and bio) may be visible to others. To the extent possible under applicable law, you waive any moral, neighboring or other rights you may have (including rights in the nature of attribution, integrity, privacy, paternity, and rights to object to derogatory treatment) in your User Content that would otherwise preclude us from exercising our rights under the license granted by you in this Section.
- c) You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to post, screen, edit or monitor User Content, if we reasonably believe any User Content is in breach of these Terms, we may remove or refuse to display such User Content. We will attempt to notify you of the reason for our action unless we reasonably believe that notice would: (i) violate the law; (ii) pose a risk of liability for us or our affiliates; (iii) hinder an investigation; (iv) pose a risk to the operation of the Mapillary Services; or (v) harm any user or other party.
5. Prohibited Conduct and Content
- a) You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Mapillary Services. You will not:
- Use any Mapillary Services with any products, systems, or applications for or in connection with real-time navigation or route guidance, such as to turn-by-turn route guidance that is synchronized to the position of a sensor-enabled device, or any systems or functions for automatic or autonomous control of vehicle or device behavior;
- Make any attempt to re-identify or unblur any aspect of any User Content or other Mapillary Services content or data (collectively, “Content”), including any individual or license plate.
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell or resell the Mapillary Services (unless permitted under a separate writing between you and Mapillary);
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of the Mapillary Services, except as expressly permitted by us or our licensors;
- Modify the Mapillary Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Mapillary Services;
- Attempt to probe, scan, or test the vulnerability of the Mapillary Services;
- Use the Mapillary Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Mapillary Services or that could damage, disable, overburden or impair the functioning of the Mapillary Services in any manner;
- Reverse engineer any aspect of the Mapillary Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Mapillary Services (except to the extent these prohibitions violate applicable law);
- Use any data mining, robots or similar data gathering or extraction methods not approved by Mapillary designed to scrape or extract data from the Mapillary Services;
- Develop or use any applications that interact with the Mapillary Services other than in accordance with the Additional Terms for Developers set forth in Section 11 below;
- Access or search or attempt to access or search the Mapillary Services by any means (automated or otherwise) other than in a manner consistent with these Terms and through the currently available, published interfaces that we provide (unless otherwise expressly authorized in a separate writing);
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use the Mapillary Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- b) Subject to the prohibitions listed above, if you use the Mapillary Services while operating a vehicle you must drive in a careful and responsible way, and always follow any applicable traffic laws. Driving can be dangerous, and use of the Mapillary Services while driving is entirely at your own risk.
- c) You may not create, post, store or share any User Content that is confidential, violates these Terms, or for which you do not have all the rights necessary to grant us and users the license described in Section 4 above. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, hateful, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Captures images of individuals where they would have a reasonable expectation of privacy, including images of individuals in or around private property, private roads or sensitive areas, such as schools, health care facilities, or places of religious worship;
- Results in images of children being available on the Mapillary Services;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Is, in our reasonable judgment, objectionable, restricts or inhibits any other person from using or enjoying the Mapillary Services, or may expose Mapillary or others to any harm or liability of any type.
- d) Failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Mapillary Services will not contain any content that is prohibited by such rules.
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 email@example.com to alert us to other issues related to blurring of Content.
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.
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.
Please contact firstname.lastname@example.org 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.
- If you are downloading individual images and serving them from your own servers, you must attribute the image(s) by visibly displaying the Mapillary logo (which you can find here) and linking back to the Mapillary homepage or corresponding Mapillary image page.
- If you integrate data that Mapillary extracts from street-level images using the Mapillary API or our vector tiles in your application, you must attribute the source of the data by visibly displaying the Mapillary logo (which you can find here) and linking back to the Mapillary homepage.
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:
- ● You may use the Mapillary Services only for the following commercial purposes: (i) improvement, training, and development of products, services, maps, studies, platforms, websites, applications, software, algorithms, datasets, solutions, or technologies; and (ii) in the provision of services for or on behalf of one or more of your clients.
- ● You will implement and maintain (i) technical safeguards and business processes that prohibit reidentification or unblurring of any Content, including any individual or license plate; and (ii) business processes to prevent inadvertent disclosure or release of any Content.
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.
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.
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.
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
- a) Subject to Section 17(c), neither Mapillary nor the other Mapillary Parties will be responsible (under these Terms or for our negligence) for losses that were caused by your breach of these Terms or which were beyond our control and which we could avoid through appropriate actions. If we fail to comply with these Terms, we or the other Mapillary Parties will only be responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. However, we and the other Mapillary Parties are not responsible for any loss or damage that is not foreseeable, and, if the Mapillary Services are not performed with reasonable care and skill, you agree to give us a reasonable opportunity to re-perform them for you before filing a claim. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Mapillary and you knew it might happen.
- b) If you use the Mapillary Services for any commercial purpose: (i) we and the other Mapillary Parties will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; (ii) the total liability of Mapillary and the other Mapillary Parties for any claim arising out of or relating to these Terms or the Mapillary Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use the Mapillary Services during the 12 months preceding the claim; and (iii) if the Mapillary Services are not performed with reasonable care and skill, you agree to give us the opportunity to re-perform them and that this re-performance will be your sole and exclusive remedy for that failure.
- c) The limitations set forth in this Section 17 will not limit or exclude liability for the gross negligence, fraud (including fraudulent misrepresentation) or intentional misconduct of Mapillary or the other Mapillary Parties or for personal injury, death or property damage caused by the Mapillary Services, or for any other matters in which liability cannot be excluded or limited under applicable law.
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
- a) We reserve the right to suspend or terminate your access to the Mapillary Services if you materially or repeatedly breach these Terms, we are required to do so by law or court order, or we reasonably believe your conduct creates possible liability or risk of harm to us or any other party that we could not reasonably avoid without such suspension. We may also suspend your account for a period of up to 90 days while we investigate if any of these conditions are present. We will attempt to notify you by email with the reason for our action unless we reasonably believe that to do so would violate any laws, rules or regulations or any judicial or governmental order, compromise an investigation, cause harm to another user, or if we do not have an email address associated with your account. If you are unable to access the Mapillary Services and have not received notice explaining why, please contact our customer support for more information through the contact information referenced below.
- b) If reasonably possible, we will notify you in advance before discontinuing all or a portion of the Mapillary Services or making changes that have a material adverse impact on your use of the Mapillary Services. However, we reserve the right to make changes without notice in certain circumstances, such as to improve security, help combat fraud or abuse, or comply with the law.
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
- a) We may supply different or additional terms in relation to some of the Mapillary Services (such as specific research data sets). If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict. Those additional terms will form part of these Terms only if they incorporate these Terms by reference. If not, they will be a separate, independent agreement.
- b) We may make changes to these Terms (including any incorporated additional terms) from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Mapillary Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of the Mapillary Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Mapillary Services.
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.
- a) Nothing in these Terms will limit any of our obligations or your rights under applicable data protection or other laws that cannot be limited by contract. In particular, these Terms do not deprive consumers of the level of protection granted according to Article 6 EU Regulation 593/2008 (so-called “Rome I Regulation”) and EU Regulation 1215/2012.
- b) The failure of Mapillary to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
- c) These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties.
- d) The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.”
- e) Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Nothing herein will be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between you and Mapillary.
- f) You agree that communications and transactions between us may be conducted electronically.
- g) The parties hereto confirm that they have requested that these Terms and any Additional Terms, be drafted in English.
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.
- a) These Terms are concluded between Mapillary and you only, and not with Apple, and, as between Apple and us, we are solely responsible for the App and the Content.
- b) The license granted to you for the App under these Terms is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
- c) Mapillary is not obligated to provide any support or maintenance services for the App, provided that we are solely responsible for such services to the extent required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- d) Subject to Section 16 of the Terms, we are solely responsible for any warranties, whether express or implied by law. Subject to Section 16 of these Terms, in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
- e) Subject to Section 17 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- f) Subject to Section 17 of the Terms, in the event of any third-party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- g) To the maximum extent permitted under applicable law, Apple and its subsidiaries are third party beneficiaries of these Terms, and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.