Terms of Service
Welcome to MapPlanner (refer to as « Website »)! We invite you to access our websites and use the MapPlanner service, but please note that your invitation is subject to your agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the provision of the Service (as defined below), so please review these Terms carefully.
Effective Date: April 15, 2021 ; updated on June 08, 2023
What Are the Terms of Service?
The Terms of Service constitutes a contract between the Website and you. The Terms include the provisions set forth in this document and in the Website Privacy Policy, User Guidelines, IP Compliance Program and other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific Service offerings (all of which we collectively refer to as the “Terms of Service” or “Terms”). If you do not agree to these Terms, you do not have the right to access or use our Service. If you do register for or otherwise use our Service you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.
By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of the text, images, and other data you choose to input, upload, or store in the Website (collectively, “Content”) and your personal information in accordance with such Privacy Policy.
You, the Account Holder, are one party to this contract. (An Account Holder is the person or entity who has contracted with the Website as either an individual or as a Customer)
Will These Terms of Service Ever Change?
These Terms may be amended as new features, technology, or legal requirements arise, so please check back from time to time. If we make a significant change, we’ll notify you and, where required, seek your consent.
If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service (see “How is My Account Closed” below); your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.
What Do I Have to do to Use the Service?
First, you need to create a service account on the Website. You create an account by providing us with an email address and creating a password. We refer to this as your “Basic Subscriber Information”. We encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service. You are responsible for maintaining the accuracy, completeness and confidentiality of your Basic Subscriber Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Basic Subscriber Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Basic Subscriber Information secure. If you discover any unauthorized use of your Basic Subscriber Information or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify our Customer Support team.
Second, you will need to access your account through a web browser, tablets and phones. Obtaining those devices and paying for their connectivity and data plans is your responsibility. The Website also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service.
What are the limitations and precautions to take of the data provided by the Service?
THE SERVICE MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS OR ADEQUACY OF THE INFORMATION AND DATA PROVIDED THROUGH THE PRODUCTS, AND SUCH INFORMATION AND DATA SHALL NOT BE CONSTRUED OR USED AS A LEGAL DESCRIPTION. ACTIVITIES RELATING TO THE PRODUCTS MAY AT TIMES INVOLVE RISKS OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND OTHER HAZARDS ASSOCIATED WITH SUCH ACTIVITIES. YOU UNDERSTAND THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE CANNOT AND DOES NOT ASSUME ANY LIABILITY FOR ANY SUCH PERSONAL INJURY, DEATH OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE PRODUCTS. THE SERVICE DISCLAIMS ALL LIABILITY FOR ANY MISUSE OR MISREPRESENTATION OF INFORMATION AND/OR DATA PROVIDED THROUGH THE PRODUCTS; ANY RELIANCE YOU PLACE ON SUCH INFORMATION AND/OR DATA IS THEREFORE STRICTLY AT YOUR OWN RISK.
All automatically calculated information (such as distance, time or altitude difference, exported GPX data, etc.) is provided for information purposes only and is not based on any real, verified data. The information or data displayed may therefore differ from reality. Please take care not to rely solely on automatically calculated information.
In addition, the calculation of elevation gain or estimated time may provide data sensitive to strong variations according to the topology of the terrain, and the resulting curve is therefore not representative of the terrain. The Service cannot be held responsible for the validity of the information calculated and displayed (such as distance, time, elevation, GPX data, etc.). Before starting the planned route, you should check the actual topological data yourself (using a map, weather conditions, etc.).
What are the technical limitations and minimum device requirements?
The Service includes certain technical limits:
- Routes may not exceed 300km in distance
- Imported images may not exceed 16MB in size
To the extent that you access the Service via a mobile device, your wireless carrier's standard charges, data rates and other fees may apply. In addition, the download, installation or use of certain Mobile Services may be prohibited or restricted by your operator, and not all Mobile Services work with all operators or devices.
The Website must be used within reasonable limits. The Website reserves the right to restrict access to its various services (map backgrounds, distance calculation, elevation gain, etc.), if any misuse of the tools is observed (even in the case of the paid offer).
The background map used by the Website depends on the user's country. The data displayed may therefore vary depending on where the Website is used. Furthermore, the Website does not guarantee the accuracy of the data displayed on the maps.
All tools developed for the operation of the Website (background maps, route calculation, etc., hereinafter the « API ») are prohibited from use on other domains. The Website reserves the right to ban all users who use these APIs without the express consent of the Website.
Can I Share My Account with Someone Else?
The Website accounts should not be shared. If you share your Basic Subscriber Information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper Account Holder. We will not have any liability to you (or anyone you share your Basic Subscriber Information with) as a result of your or their actions under those circumstances. Since we provide a number of mechanisms to allow you to share your account Content with others, we strongly urge you not to share your information with anyone, unless you are doing so as part of your estate planning purposes, as discussed below.
Once I Have an Account, What Are My Rights in the Website Service?
Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. You do not obtain any other right or interest in the Website or the Service.
Website’s Data Protection Laws Say My Data Is Mine – What Does That Mean?
You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Service. But you do have to grant to the Website a limited license, as described below, so we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, the Website acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content.
What Is the License I Have to Grant to the Website?
In order to enable the Website to operate the Service, we must obtain from you certain limited license rights to process your Content that is covered by intellectual property rights so that technical actions we take in operating the Service are not considered legal violations. For example, copyright laws could prevent us from processing, maintaining, storing, backing-up and distributing certain Content, unless you give us these rights. Accordingly, by using the Service and uploading Content, you are granting to the Website a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) and reproduce such Content to enable the Website to operate the Service. You also agree that the Website has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion.
You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as your Content is stored with us), and include a right for the Website to make such Content available to, and pass these rights along to, others with whom the Website has contractual relationships related to the provision of the Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if the Website determines such access is necessary to comply with its legal obligations.
If you elect to use any third party service or application that is integrated with the Website, you also agree that the licenses granted to the Website in the preceding paragraph shall apply to Content that is submitted or uploaded through such third party service or application. If the third party service or application you elect to use would access or extract Content, you grant to the Website the right and license to enable third party access to and extraction of your Content. The Website does not assume any responsibility for, or liability on account of, the actions or omissions of such third party applications or service providers. As we rely upon your rights to upload and distribute your Content, you represent and warrant to the Website that (1) you have the unfettered legal rights and authority to submit your Content to the Website, to make any other use, publication or other distribution of that Content in your use of the Service, and to grant the rights granted to the Website under these Terms; and (2) your Content complies with our User Guidelines and these Terms.
Finally, you understand and agree that the Website, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
What Other Assurances Do I Have to Grant to the Website?
When you use the Website service to send messages to an email address, to a telephone number via SMS, or through a social media account (e.g., Facebook or LinkedIn) that has not been linked to the Website account, the Website sends such messages on your behalf, and we are relying on your representation to us that you have a direct relationship with the recipient(s) and that you are respecting the legal rights of the recipient(s) not to receive certain kinds of messages (such as harassing messages, unsolicited commercial messages, and unwanted SMS messages). Whenever you send any kind of message to a third party you represent and warrant to the Website that you are acting within the law and that you have prior consent from the recipient to send them such a message.
What are the rights relating to the Service?
CONTENT RIGHTS: While you own the Content you store within the the Website service (subject to third party rights), you acknowledge and agree that the Website (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software that is part of the Service deployed by you or a third party to enable capturing of Content originating outside the Service that enable access and use of the Service through such device.
INTELLECTUAL PROPERTY RIGHTS: In agreeing to these Terms, you also agree that the rights in the Service, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement.
RIGHT TO MODIFY THE SERVICE: We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions, the ability to send or receive email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. You also acknowledge that a variety of the Website actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Website has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.
RIGHT TO ENGAGE THIRD PARTIES: the Website engages certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or part of the Service, and you hereby agree that such involvement by these Service Providers is acceptable. Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information or Content and our Commercial Terms to understand our relationship with any reseller or payment processor.
How Does the Website Respond to Copyright or Other Intellectual Property Violations?
We respond to clear and complete notices of alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in these Terms (which we believe to comply with the United States Digital Millennium Copyright and other applicable laws). If you believe that your intellectual property rights have been violated, please notify our Compliance team according to the instructions provided by our IP Rights Compliance Program and we will investigate. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and the Website does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf.
Where Does My Data Go?
The Service is available worldwide, but your data is stored in France, as described in our Privacy Policy. If you use the Service, you acknowledge that you may be sending electronic communications (including your Basic Subscriber Information and Content), through computer networks owned by the Website, its Service Providers, and other third parties located in other countries. As a result, your use of the Service will likely result in interstate and possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions.
How is My Account Closed?
You may deactivate your account with our Service at any time, for any reason (or no reason).
The Website may act to temporarily limit your use of the Service, suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for the Website suspending or closing your account may include, without limitation: (i) breach or violation of these Terms (including the User Guidelines) or any Separate Agreement, (ii) an extended period of inactivity (determined in the Website’s sole discretion), (iii) the discontinuance or material modification of the Service (or any part thereof) or (iv) unexpected technical or security issues or problems or extensive Unsupported Use.
In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on the Service servers (unless we determine that we are legally prohibited from providing such notice or enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account.
Does the Website Serve Ads?
The Website will not broadcast any advertising in all of these services.
Is there a charge for using the Website?
By default, consultation of the Website is free of charge. However, to access more functions, the Website offers a paid annual subscription.
Other information
INDEMNITY: You agree to indemnify and hold the Website, its subsidiaries, affiliates, officers, agents, employees, advertisers, Service Providers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES: To the maximum extent permitted by law, the Service Is Available “As Is.” You expressly understand and agree that: your use of the service and the purchase and use of any services are all at your sole risk ; the service is provided on an “as is” and “as available” basis. to the maximum extent permitted by law, the Website expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement ; the Website does not warrant that (i) the service will meet all of your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; or (iii) all errors in the software or service will be corrected ; no advice or information, whether oral or written, obtained by you from the Website or through or from the service shall create any warranty not expressly stated in these terms of service.
You expressly understand and agree that the Website, its subsidiaries, affiliates, service providers, and licensors, and our and their respective officers, employees, agents and successors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, cover or other intangible losses (even if the Website has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the service or to use promotional codes or the Website points; (ii) the cost of procurement of substitute services resulting from any data, information or service purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or the loss, corruption or alteration of your transmissions, content or data; (iv) statements or conduct of any third party on or using the service, or providing any services related to the operation of the service; (v) the Website’s actions or omissions in reliance upon your basic subscriber information and any changes thereto or notices received therefrom; (vi) your failure to protect the confidentiality of any passwords or access rights to your account; (vii) the acts or omissions of any third party using or integrating with the service; (viii) any advertising content or your purchase or use of any advertised or other third-party product or service; (ix) the termination of your account in accordance with the terms of these terms of service; or (x) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS: Nothing in these terms of service (including the limitation of liability provisions) is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
What Do I Do If I Think I Have a Claim Against the Website?
Let us know about your complaint: We want to know if you have a problem so we encourage you to contact our Customer Support team if you have any concerns with respect to the operation of the Service, as we want to ensure that you have an excellent experience.
French law applies to this contract. Any dispute relating to their interpretation and/or execution is subject to French jurisdiction. In case of failure to resolve amicably a dispute arising between the parties, only the courts of the city of Paris are competent.
In the event of a conflict, the French language version shall govern.