Terms of Use

The web site and web products, including Cicero, Raster Foundry, GeoTrellis, Temperate, and OpenTreeMap web services (“Web Services”), are owned and operated by Azavea Inc. (“Azavea”, “we”, or “us”). By using the Site, any services provided on the Site, or data content we make available to you through the services (collectively, “Services”), you agree to be bound by the following Terms of Use, updated from time to time (collectively, the “Terms”). Please read them carefully. If you do not agree to these Terms, you may not use the Services.

User Accounts

In order to use most Services, you must register for a user account. When you use our application programming interfaces (APIs), each request to an API must include one of your account’s unique API keys. Unauthorized use of any API identifier is prohibited.

Please carefully guard the security of your account and monitor use of your API keys. You are responsible for all use of the Services under your account, whether or not authorized, including any use of your API keys. At our discretion, we may make limited exceptions to this policy for unauthorized use of your account if you notify us of the problem promptly.

You must be 13 years or older to use the Services. By registering as a user or providing personal information on the site, you represent that you are at least 13 years old.

If you are entering into this agreement on behalf of your company or another legal entity, you represent that you have the authority to bind that entity to these Terms, in which case “you” will mean the entity you represent.

Azavea Web Services

You must adhere to all policies posted within the Services and accompanying documentation. All such policies are hereby incorporated by reference into these Terms. Terms specific to an individual product may be provided as an addendum to this agreement. Where individual product terms contradict these general terms the product-specific terms supersede the general terms.

You agree to provide attribution when required, as outlined in Web Service documentation or as requested by Azavea.

Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license and right to:

  • Manage, analyze and visualize data;
  • Use the Services to develop online services and online, desktop, or mobile applications; and
  • Make the Services available to end users in connection with their use of your publicly available online services and publicly available online, desktop, or mobile applications.

 

Unlawful and Unauthorized Uses

You agree to use the Services in compliance with all applicable laws, regulations and third-party agreements. Further, you agree that you are not, and are not controlled by an individual, organization, or entity organized or located in a country or territory that is the target of sanctions imposed, or on any restricted or sanctioned party list maintained by the U.S. Government, the European Union, or the United Kingdom.

You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use of the Services.

You may not use the Services to:

  1. Disseminate or transmit material that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
  2. Aid or implement practices violating basic human rights or civil liberties. For the avoidance of doubt, you may not use the Services to assist in the creation of databases of identifying information for any government to abrogate any human rights, civil rights, or civil liberties of individuals on the basis of race, gender, gender identity, sexual orientation, religion, immigration status, or national origin;
  3. Disseminate, store, or transmit material that infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
  4. Create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;
  5. Export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions;
  6. Interfere, disrupt, or attempt to gain unauthorized access to other accounts or any computer network;
  7. Host, transmit, or provide us with Protected Health Information (as defined by Health Insurance Portability and Accountability Act (HIPAA)), financial information (as regulated by the U.S. Financial Services Modernization Act), and information subject export control or economic sanction laws;
  8. Use the Services for warfighting, surveillance, and related activities;
  9. Operate dangerous businesses such as emergency services or air traffic control, where use or failure of the Services could lead to death, personal injury, or significant property damage;
  10. Disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program; or
  11. Engage in any other activity deemed by Azavea to be in conflict with the spirit or intent of these Terms.

You may not modify, create derivative works from, reverse engineer, or attempt to derive any source code from the site’s software, except as expressly permitted by a written license from us.

 

Privacy

Azavea respects your desire for privacy. By using the Web Services, you are agreeing to the terms and conditions of our Privacy Policy, a copy of which can be found at https://www.azavea.com/privacy-policy/.

 

End Users and Notification

You may not allow your end users or other third parties to use the Services in any way that would be a violation of these Terms if done by you, and you agree to take reasonable efforts to prevent such use. You agree to promptly notify Azavea in writing if you become aware of any misappropriation or unauthorized use of the Services.

 

Charges and Payment

Some of the Services require payment. We may charge your credit card or send an invoice for payment on an ongoing basis in advance of providing Services or as needed for prepayments for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of the Services. The subscription fee is billed in full on the first day of each billing period, unless and until you cancel your subscription.

We are not responsible for any bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Azavea. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law.

 

Ownership

Your Content
You retain ownership of all content that you contribute to the Services, excluding any content that you receive from Azavea (“Your Content”).

Limited to the purpose of hosting Your Content so that we can provide the Services to you, you hereby grant Azavea a non-exclusive, worldwide, royalty-free, fully paid-up, transferable and sublicensable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works, and store Your Content and to allow others to do so. Azavea will not access, use or disclose Your Content without your permission, except as reasonably necessary to provide customer support to you, to configure and troubleshoot your account or for any other purpose authorized by you. You warrant, represent, and agree that you have the right to grant Azavea these rights.

On termination of your account, you may request removal of your data from the site. Upon request, Azavea will make commercially reasonable efforts to promptly remove your data from the site; however, you recognize and agree that caching of or references to the content may not be immediately removed.

Feedback
You agree that we may freely use and make available any and all feedback, suggestions, ideas, enhancement requests, recommendations or other information you provide relating to the Services.

Our Content and Third-Party Content.
Other than Your Content, all content displayed on the site or accessible through the Services, including text, images, maps, software or source code, are the property of Azavea and/or third parties and are protected by United States and international intellectual property laws. Logos and product names appearing on or in connection with the Services are proprietary to Azavea or our licensors. You may not remove any proprietary notices or product identification labels from the Services.

Certain Third-Party Content is subject to license, terms and conditions of the third party. By using the site, you agree to abide by the terms and conditions of the third party. Depending on the configuration of the service, these Third-Party Content licenses may include but are not limited to the following parties and terms:

 

Account Cancellation or Suspension

You may cancel your use of the Service at any time. However, we do not give prorated refunds for unused time or API credits if you cancel during the middle of a billing cycle.

If you breach any of these Terms, we may immediately without notice cancel or suspend your account and the limited license granted to you hereunder automatically terminates, without notice to you. Upon termination of the limited license, you agree to immediately destroy any materials downloaded from the Services. In addition, Azavea may cancel or suspend your account for any reason by providing you 90 days’ advance notice.

Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the Services. If we cancel your account in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we canceled your account.

 

Changes to Services or Terms

We may modify these Terms and other terms related to your use of the Services (like our privacy policy) from time to time, by posting the changed terms on the site. All changes will be effective immediately upon posting to the site unless otherwise specified. Changes will not apply retroactively. Please check these Terms periodically for changes. Your continued use of the Services after new terms become effective constitutes your binding acceptance of the new terms.

We may change the features and functions of the Services, including APIs. It is your responsibility to ensure that calls or requests you make to the Services are compatible with then-current APIs. We attempt to avoid changes to our APIs that are not backward compatible, but such changes may occasionally be required. If that happens, we will use reasonable efforts to notify you prior to deploying the changes.

 

Mobile Applications

These Terms apply to all mobile applications that use the Services. You agree that Azavea may collect technical data and related information about your device, system and application software, and peripherals to support the Services and updates or improvements to the Services. Azavea agrees to not use or distribute the information in a way that personally identifies the user from whom it was gathered.

 

Use of Service for Real-Time Navigation

You acknowledge that the Services enable the visualization and analysis of location data to produce dynamic maps and other visualizations that can be used to provide directions and similar results for a variety of commercial and consumer applications. Neither Azavea nor its suppliers are responsible for any damages arising out of, relating to or that result from your use of the Service, on its own or integrated with (or otherwise made a part of) any other software, sensors (or other hardware) or data to:

  • provide real-time, turn-by-turn navigation for a vehicle of any type, whether automatically or autonomously (such as in an autonomous or semi-autonomous vehicle) or through voice-activated or other prompts, (such as those provided in connection with satellite navigation devices), or
  • display a dynamic or static map or visualization on a moving vehicle of any type.

Furthermore, you hereby agree to indemnify us pursuant to the Indemnification section below for any claims that arise from such use.

 

Indemnification

You agree to indemnify and hold harmless Azavea and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys’ fees, arising out of:

  • Your use of the Services;
  • Your violation of these Terms;
  • Your end users’ use of the Services in or through an application or service you provide; and
  • Content you or your end users submit, post to, extracts from, or transmit through the Services.

 

Disclaimers

“As Is”, “As Available” and “With All Faults.” YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES. MAPS AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AZAVEA DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AZAVEA OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Website Operation and Third Party Content. AZAVEA DOES NOT WARRANT THAT THE SERVICES, INCLUDING ANY SOFTWARE, SERVICES, MAPS, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD-PARTY SITES REFERRED TO ON OR BY THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

Third-Party Content. WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD-PARTY CONTENT AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL AZAVEA BE LIABLE FOR OR IN CONNECTION WITH THE THIRD-PARTY CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY THIRD-PARTY CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY THIRD-PARTY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY THIRD-PARTY CONTENT.

Not Fault-Tolerant. BOTH PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS, AND THAT (a) THE INTERNET IS NOT A SECURE INFRASTRUCTURE, (b) NEITHER PARTY HAS CONTROL OVER THE INTERNET, AND (c) THAT NEITHER PARTY IS LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICE(S).

THE SERVICE(S) OR CONTENT DELIVERED HEREUNDER ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE FOR INSURANCE UNDERWRITING, OR WITH CRITICAL HEALTH AND SAFETY OR ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS THAT REQUIRE FAIL SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, EMERGENCY RESPONSE, TERRORISM PREVENTION OR RESPONSE, LIFE SUPPORT, OR WEAPONS SYSTEMS (“HIGH RISK ACTIVITIES”). AZAVEA SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF FITNESS OR HIGH RISK ACTIVITIES.

Accuracy. AZAVEA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY THIRD-PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES, MAPS, OR CONTENT THROUGH THE SITE OR ANY THIRD-PARTY SITES REFERRED TO ON OR BY THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.

Jurisdiction. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

 

Limitation of Liability and Damages

Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AZAVEA OR ITS CUSTOMERS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SITE, INCLUDING SOFTWARE, SERVICES. MAPS, CONTENT, YOUR SUBMISSIONS, OR ANY THIRD-PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF AZAVEA OR AN AZAVEA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF AZAVEA OR ITS CUSTOMERS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID IN THE PRECEDING TWELVE (12) MONTHS.

Claim Period. YOU AND AZAVEA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO AZAVEA MUST COMMENCE WITHIN 90 DAYS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Digital Millennium Copyright Act Compliance

If you are a copyright owner or an agent thereof, and believe that any user submission or other Azavea content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Azavea are covered by a single notification, a representative list of such works from Azavea;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Azavea to locate the material;
  4. Information reasonably sufficient to permit Azavea to contact the complaining party, such as an address, telephone number, and, if available, an email address;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated Copyright Agent to receive notifications of claimed infringement is: Azavea Inc Tel: +1 215.925.2600 Email: info@azavea.com

 

Additional Terms

You agree to keep the contact information associated with your Azavea account current and complete.

You may not encourage others to violate these Terms, including by selling products or services that would violate these Terms if the products or services are used in their intended manner.

You may not create multiple accounts for the purpose of increasing the free services that you receive under a Services plan. Except as provided in these Terms, the license and right to use the Services is granted only to you and may not be transferred to anyone without the prior written consent of Azavea. These Terms shall benefit Azavea and its successors and assignees.

You shall not assign these Terms or any right, interest or benefit hereunder without the prior written consent of Azavea, which may be withheld for any reason or no reason at all. Azavea may assign (i) these Terms to an affiliate, (ii) these Terms or any right, interest or benefit hereunder to a third party in connection with a collection proceeding against you, and (iii) these Terms in their entirety to its successor in interest pursuant to a merger, acquisition, corporate reorganization, or sale of all or substantially all of that party’s business or assets to which these Terms relate.

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. Any action arising out of or relating to these Terms must be filed in the state or federal courts for Philadelphia County, Pennsylvania, USA, and you hereby consent and submit to the exclusive personal jurisdiction and venue of these courts for the purposes of litigating any such action.

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Azavea to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Azavea reserves all rights not expressly granted to you.

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for convenience only and have no legal or contractual effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Azavea as a result of these Terms or your use of the Services. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and Azavea other than pursuant to these Terms.

 

Changelog

10/18/2013:

  • Initial publication

4/21/2014:

  • Added terms related to use of mobile apps and updated section on unacceptable use
  • Added GeoTrellis to covered services
  • Added specific Third Party Content terms

10/24/2016:

  • Changed privacy clause to reference separate privacy web page

4/2/2017:

  • Added Raster Foundry to covered services
  • Revised CARTO company name and link
  • Added section for Use of Service for Real-Time Navigation
  • Revised License section
  • Revised User Submitted Content section under Intellectual Property Rights
  • Moved Indemnification from User’s Obligations to a separate section
  • Revised Indemnification section
  • Allowed for additional terms that may be specific to a particular product

10/21/2017:

  • Updated list of unacceptable uses

4/15/2018:

  • Added Temperate to covered services

5/22/2018:

  • Added Charges and Payment and End Users and Notifications sections
  • Added Feedback section
  • Changed “User” to “You”
  • Replaced Ownership section
  • Added minimum age 13

 

Any questions about these Terms of Use should be directed to info@azavea.com.