- CE Info Systems Limited, popularly and henceforth known as "Mappls" provides access to its map content, technology, documentation, software resources and platform via API or data or software code, henceforth known as "MMI Products". The User's ability to use these "MMI Products" is governed by the following terms and conditions. The User accepts these terms by:
- Clicking .Yes. / .Accept. on the buttons below where applicable; or
- Using the MMI Products, the User accepts these terms and conditions
- Mappls . the brand name of CE Info Systems, a company incorporated in India with registered office at 68, Okhla Industrial Estate, Phase 3, New Delhi . 110020, India.
- MMI Products shall mean map content, technology, documentation, software resources and platform via API or data or software code that is the intellectual property of Mappls
- API . Application programming interface that is used to access MMI Products over the internet
- Application(s) . shall mean internet based web software products or services that is used by the User and accesses MMI Products
- User . Shall mean a individual or a group of persons or a business entity that accesses and uses MMI Products and shall include the End User.
- End User . Shall mean a individual or a group of persons or a business entity that accesses and uses MMI Products via a licensed User of MMI Products and accesses MMI products via the Application(s) of the User. All references of the term User shall include End User as well, unless specifically mentioned otherwise.
- Affiliate . Shall mean any entity that directly or indirectly controls or is controlled or is under common control with a party
- Documentation . shall mean literature, documentation provided by Mappls in terms of internet web pages (modified from time to time) and may be made available to User
- Subscription . Access of MMI Products to User after grant of limited, non-exclusive license to User
- Content . means any spatial or non-spatial content provided by MMI.
- Service . means any service provided by MMI through the API
- Grant of Licenses from Mappls for MMI Products:
- General restrictions, additional legal notice, reservation of rights:
Save and except the specific terms of the license allowed herein, the User shall not do or omit to do anything not specifically permitted in this license. It is further clarified that unless expressly authorized by Mappls, The User or third party under its control:-
- Shall not decipher, decompile, disassemble, reverse engineer, create derivative product or otherwise attempt to derive any source code or content from the MMI Products
- Shall not engage in any activity which is likely to be a security threat or violates the laws of any country, using MMI Products.
- Shall not co-mingle MMI Products with maps from any other party unless agreed by Mappls in writing.
- Shall not Create multiple accounts, applications, project to simulate as a Single account to avoid paying .fees. as applicable
- Shall not interfere or disrupt Mappls servers or networks, or disobey any network access or security requirements, policies, procedures or regulations of Mappls (including the enabling of any viruses, Trojan horses, trap doors, back doors, worms, time bombs, cancelbots, adware, spyware or other computer programming routines designed or intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information);
- Shall not create copies of MMI Products in the form of Cache to avoid paying .fees. to Mappls
- Shall not use MMI Products that damages the reputation and goodwill of Mappls, as determined by Mappls at its own discretion
- Shall not use MMI Products to build commercial applications and products without paying a fee to Mappls
- Shall not use MMI Products in a manner which falsely suggests or implies that such some other product/content is related to Mappls.
- Visible Attribution::
On any visible interface where Mappls Product, its derivatives or the Content delivered via services of the MMI Products is displayed, not just limited to the Mappls Map interface, the .Powered by Mappls [logo]. shall be clearly presented by the User for end User(s) to see, and in no instance the .Powered by Mappls [logo]. shall be removed or hidden. Any deviation from this shall be grounds for revocation of license, termination of service delivery agreement, and cause for demand of damages and compensation. Further, the User must follow the branding guidelines as illustrated in http://about.mappls.com/api/advanced-maps/API-Branding-Guidelines.pdf
- LICENSE from the User to Mappls:
- Usage Statistics
The user acknowledges that usage statistics provided by Mappls' Developer Console (based on Mappls' internal databases) is definitive, correct and binding. No other measurement and usage statistics shall be considered or have any bearing on the agreement between the user & Mappls.
- No Use With Non-Mappls Maps
To avoid quality issues and/or brand confusion, Customer will not use the Mappls Map APIs & SDKs with or near a non-Mappls Map in a Customer Application. For example, Customer will not
- display or use Mappls' Search content on a non-Mappls map,
- display Mappls Maps and non-Mappls Maps on the same screen, or
- link a Mappls Map to non-Mappls Maps content or a non-Mappls map.
- use Mappls Maps Content from the Routing & Navigation APIs in conjunction with a non-Mappls map.
Mappls can, at any time with or without giving any notice to anyone, make changes to this agreement, the MMI Products, its content services and maps, API at its sole discretion including all the relevant pages on Mappls website or its API documentation page or its fees pages (http://about.mappls.com/api ). The User's continued usage of the MMI Products following the modifications (as defined in this section) constitutes acceptance of the changes.
- Term and Termination:
- Termination by the User . The User can choose to end the subscription to the MMI Products as per the User discretion. The fees paid in advance will not be refunded to the User on a pro-rata basis.
- In case of non payment of fees, the User's service or agreement shall automatically lapse.
- In addition, Mappls can terminate access of User to MMI Products if
In the event of Termination, the User shall remove all copies of MMI Products available with User at its own expense. If the User's access is terminated by Mappls, Mappls shall be under no legal or financial liability towards User or its End-Users.
- User violates any part of this agreement
- At its own discretion Mappls can terminate access to its MMI Products under the free Plan described in http://about.mappls.com/api, if the User has not made use of the MMI Products in continuous period of 3 calendar months.
- Effects of Termination . Immediately upon expiry of the term or in case of termination, the User's access to MMI Products stands revoked and the license to use MMI Products for both content and services become revoked. User at its own cost shall remove all MMI Products, its backup copies from its computers, servers etc. The Fees paid as part of the subscription of MMI Products are non-refundable in whole or part as may be decided by Mappls. Sections 9,11,13 & 14 shall survive effects of Termination.
At its sole discretion Mappls may collect usage data of the User or End User such as IP Address, IMEI number, location (latitude / longitude data), GPS Log data, browser types, credentials, URL, access times and date and other data without limitation. The data/ information collected by Mappls of End Users or Users will be used in accordance by the policy defined here by Mappls, these being
- Information collected and received of the End User will be used to improve MMI Products and services of Mappls.
- Information collected of the End User might be shared if required by law or Government bodies from time to time. We do not sell personal information but non-personal identifiable information can be used by Mappls commercially with attribution or payment to End User or User.
- Further, Mappls does not use such information collected because of usage of our products by the customers and end users to build advertising based revenue model.
- Confidentiality and Confidential Information:
That for the purposes of this Agreement, .Confidential Information. shall mean any proprietary and confidential information and trade secrets with respect to Mappls' business, including without limitation information relating to its products, technology, processes, drawings, specifications, programs, models, financial information and projections, formulae, methods, techniques, composition, compound, development, plan, vendor information, customer information, research reports, map data, clinical data, financial data, know-how, developments, designs, improvements, software programs, products, marketing or business plans and strategies, corporate structure for regulatory compliance, forecast, personnel data, customer and supplier lists and other valuable business information and opportunities , materials relating to the proprietary technical, financial, customer or business affairs of Mappls disclosing Confidential Information (the .Disclosing Party.) in any form (including in writing, electronically, computerized, orally or otherwise) which is either identified as confidential or which by its nature is generally considered proprietary and confidential (regardless of whether such information is specifically labelled as such) to the User and End User receiving Confidential Information (the .Confidant.) pursuant to the terms of this Agreement.
Confidant.s Duties: Confidant shall not use Confidential Information for any purpose other than the intended use set forth in above, and shall not disclose, disseminate or otherwise publish or communicate Confidential Information received hereunder to any person, firm, corporation or other third party without the prior written consent of Disclosing Party except as required by law after giving reasonable notice to the Disclosing Party.
- Usage data and Access to MMI Products:
- Proprietary Rights and License to Use Mappls Marks:
- Limitation of Liability:
Mappls OR ITS SUPPLIERS WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES, LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Mappls AND ITS SUPPLIERS MAY NOT BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY THE USER TO Mappls DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY OR INR 20,000 (TWENTY THOUSAND RUPEES) WHICHEVER IS LOWER.
THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO THE BREACHES OF CONFIDENTIALITY OBLIGATIONS, VIOLATIONS BY THE USER TOWARDS Mappls' INTELLECTUAL PROPERTY RIGHTS.
THE USER EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE PARTICIPATION IN AND USE OF THE MMI PRODUCTS IS DONE AT THE USER'S OWN RISK AND THAT THE USER ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGE SUSTAINED TO THE USER'S COMPUTER SYSTEM, NETWORK OR DATA RESULTING FROM SUCH PARTICIPATION OR USE.
- Export Restrictions:
In case the User is taking the MMI Products out of India, the User shall comply with the relevant export control norms and take necessary licenses and approvals under the applicable laws and regulations.
- Notices and transacting electronically:
It is understood that MMI Products are part of an online service with no direct contact between Mappls and the User/ End User. Mappls shall provide electronic notices by posting them on its website and/or by sending an email to any account associated with the User.
- General Provisions:
19.1. Entire Agreement:
19.5. Independent Contractors:
19.6. Equitable Remedies/ Specific Relief:
19.7. Statute of Limitations:
It is agreed by the User that if the User shall have any claim against Mappls, irrespective of what has been prescribed in the statute of limitation, the claim shall be made within 1 (one) year after the claim or cause of action arose. Any claim made after 1 (one) year shall be barred by limitation.
19.8. Consent to Further Contacts: