Condiciones generales

These General Terms and Conditions, along with the Website Terms any relevant Special Terms (collectively “Terms”), govern the relationship between MapTiler represented by MapTiler AG, Hofnerstrasse 98, 6314 Unterageri, Switzerland (“MapTiler”, “we”, or “us”) and our customer(s) (“Customer” or “you”).

By using the site, services, software, or map content (collectively, "Services"), you agree to be bound by the following Terms, which may be updated from time to time.

Léalas atentamente. Si no está de acuerdo con las Condiciones, no podrá utilizar los Servicios.

1. 1. Concesión de la licencia

   1. General Terms Scope. These General Terms apply to the use of all MapTiler Services. You agree to be bound by these General Terms in full extent. By using MapTiler Services, you automatically accept and agree to these terms and conditions.

   2. Special Terms. For specific Services, additional terms apply alongside these General Terms (“Special Terms”). In case of any conflict between these General Terms and any Special Terms, the Special Terms shall prevail.
      
      Any specific agreement between you and MapTiler has priority over these General Terms and Special Terms.
      
      As of this moment, there are following Special Terms:

      1. Condiciones de uso del sitio web de MapTiler
      2. MapTiler Cloud Términos y condiciones
      3. Acuerdo de licencia de MapTiler Server & Data
      4. MapTiler Engine Acuerdo de licencia
      5. Términos y condiciones del módulo MapTiler Weather JS
      
      

   3. License Only. The Services provided to the Customer, including third-party content, are licensed to the Customer, not sold.
      
      All worldwide intellectual property and proprietary rights therein and related thereto, including, without limitation, all patents, copyrights, trademarks, trade secrets, moral rights, sui generis rights and other right in databases, and all rights arising from or pertaining to the foregoing rights, are and will remain the exclusive property of MapTiler or respective third-party supplier(s). MapTiler reserves all rights not expressly granted.

   4. Legal Authority. If you are entering into an agreement with MapTiler on behalf of a company that employs you, you represent that you have the legal authority to bind that company to these General Terms and relevant Special Terms, in which case “Customer” will mean the company you represent.

   5. No Assignment. This agreement is between you and MapTiler. You may not assign or otherwise transfer your rights and obligations, in whole or in part, either voluntarily or by operations of law, without our written consent, and any such attempt will be void.

   6. Resellers. If you are reselling the Products to another legal entity, you represent that you have the authority to bind that legal entity to these General Terms and relevant Special Terms, in which case “Customer” will mean the legal entity you are reselling the Products to.

   7. Rights Under The Law. You may have additional rights under the law. We do not seek to limit those rights where it is prohibited to do so by law.

   8. Changes to the Terms. MapTiler reserves the right to update and modify the Terms periodically. Whenever such changes occur, MapTiler will provide a revised version of the Terms, which can be accessed at http://www.maptiler.com/terms (or any alternative URL specified by MapTiler).
      
      By continuing to use the Service after the revised Terms have been implemented, you acknowledge and agree that your usage constitutes acceptance of the updated Terms. If you find any modification unacceptable, you have the option to terminate this agreement by discontinuing the use of MapTiler's API(s).

   9. Accepting to the Terms. By using the MapTiler Services you agree to these Terms and represent that you have full power, capacity, and authority to accept these terms.
      
      These Terms continue to apply until your subscription plan is terminated or until your subscription expires in accordance with the plan you have selected. Your subscription plan may be automatically renewed depending on the plan you have chosen.

2. 2. Propiedad Intelectual

   1. No Reverse Engineering. You may not reverse engineer, decompile, disassemble, or work around technical limitations in the Products, except to the extent applicable law permits it despite these limitations.

   2. Sole Ownership. We remain the sole owner of all rights, title, and interest in our Products. We do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Products. We reserve all rights not granted under these General Terms and Special Terms.

   3. Confidential Information. The Services and the related documentation (and all portions thereof, collectively and separately) are proprietary to MapTiler and contain valuable trade secrets, and shall be considered Confidential Information of MapTiler hereunder (whether or not marked with a legend identifying it as “confidential”). “Confidential Information” means any and all technical or commercial information, in any form whatsoever, related to the Services.
      
      You agree that our Services and all related documentation contains Confidential Information that is protected by applicable intellectual property and other laws, and that all rights, title, and interest in and to the Services and the related documentation including, but not limited to, copyright and other intellectual property rights therein and thereto, are owned by and remain the property of MapTiler.

   4. Confidentiality Agreement. You shall not disclose, transfer, transmit nor otherwise make available to a third party any Confidential Information received in connection with your use of the Service without the prior written consent.
      
      Customer may disclose Confidential Information to those of its employees, directors, consultants, and contractors for whom such disclosure is strictly necessary. You shall use any Confidential Information received only for the purpose of using the services.
      
      The Customer and their affiliates, partners, contractors and subcontractors, shall at all times keep the Services and the related documentation confidential and shall not permit the same to be used, copied, disclosed or disposed of except in accordance with these General Terms and Special Terms.
      
      The obligations of this clause shall not apply to information which you can prove:
      
      (i) was at the time of disclosure known to the public;
      
      (ii) was in your possession before receiving it from MapTiler;
      
      (iii) was received from a third party without restraints as to the disclosure;
      
      (iv) was independently developed you without recourse to any Confidential Information received; or
      
      (v) disclosure of information is required by law, regulation or any governmental or other competent regulatory authority.

3. 3. Cuenta de usuario y contenido

   1. Registering An Account. You must register for an account through the MapTiler Website to access and use MapTiler Services.

   2. Minimum Age. You warrant that you are at least 13 years of age to register a MapTiler account.

   3. Free Accounts. With a free account, you may only use the Services up to the quota allowed under the free tiers of Service subscription plans.
      
      If you accept the Terms on behalf of a company, organization or other entity, then that company, organization or other entity also may only benefit from the usage allowed under the free tiers of Service subscription plans.
      
      Attempts to unduly gain additional usage (e.g. by registering with multiple email addresses) is considered as breach of this Agreement.

   4. Paid Accounts. Your use of MapTiler Services is subject to the use limits that are outlined in the subscription plan you have selected or by the custom plan agreed with MapTiler.

   5. Account Responsibility. You are responsible for monitoring and securing your usage of MapTiler Services. If you exceed usage limits extra fees may be applied.
      
      You are responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of the Products. You must immediately notify us about any possible misuse of your accounts or authentication credentials or any security incident related to the use of our Products.

   6. Contact. All questions regarding user accounts, MapTiler Servers, or Map Content should be directed directly to MapTiler via email or contact form on our website.

   7. License To Your User Content. User content means any material that you upload to us in the course of using our Products (“User Content”). We are not responsible for any loss or corruption of the User Content uploaded to us.
      
      You retain all rights and ownership of your User Content. When you upload any User Content to us, you grant us a nonexclusive, worldwide, royalty-free, perpetual, sublicensable, and transferable license to use and display the User Content but only for the purpose of your proper use of our Products. By uploading your User Content to us, you agree that you have: (a) all necessary licenses and permissions to use your User Content; and (b) the rights necessary to grant the license specified in this section.
      
      You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your User Content, your use of the Products or your violation of these General Terms or other applicable Special Terms.

4. 4. Uso del servicio

   1. Customer Use. All Products are to be used by you as our Customer only and in accordance with all applicable terms unless specified otherwise in any Special Terms or unless explicitly agreed otherwise between you and MapTiler in written form.
      
      You may not resell or redistribute, rent, lease, lend, sell or sublicense our Products or any part thereof without a written agreement from MapTiler.
      
      You are also not permitted to make our Products or parts thereof available to others (including your affiliates, subsidiaries or parent companies) in any other way unless specified otherwise in any Special Terms or agreed between you and MapTiler in written form.

   2. Lawful Use Only. You can only use our Products for lawful purposes.

   3. No Commercial Derivative Work. Beyond what is specified in the Terms or agreed between you and MapTiler in a custom license, you may not produce commercial derivative works from MapTiler Services.
      
      This includes, but is not limited to, the training of machine learning algorithms for feature extraction or any other purpose; or to improve the accuracy of other satellite imagery via algorithmic processing or any other method.
      
      The production of derivative vector datasets for non-commercial purposes or for OpenStreetMap is permitted.

   4. Manipulation Or Modification It is expressly prohibited to manipulate or modify map content, in the form of vectors, pixels or underlying metadata.

   5. End-User User Terms. By integrating MapTiler Services into your own products or services provided to end-users, you warrant that your own terms limit end-users to using MapTiler Services according to these Terms.

   6. Verification / Audit. During the term and one year thereafter, we may, upon reasonable advance written notice, verify the Customer’s use of the Service to ensure it is in compliance with Terms.

   7. Customer Feedback. We may use any feedback provided by Customers for development and commercialization purposes.

   8. Updates To The Services. We may modify, update, or discontinue the Services (including any portions or features) at any time, without liability to you or anyone else. MapTiler will to the extent possible ensure that such modifications and updates do not decrease the performance of the Service quality and functionality.
      
      For changes to paid offerings, we will make reasonable efforts to notify you of the modification, update, or discontinuation. If we discontinue any Product in its entirety, we will also allow you a reasonable time to download your User Content and we will provide you with a pro-rata refund for any unused fees for the Product you prepaid.

   9. Custom License. MapTiler may agree to grant you an exception to these Terms and Acceptable Usage limits on a custom license (“Custom License”).

5. 5. 5. Tasas y pagos

   1. Fees For License. You agree to pay all the fees owed based on your use of the Service as calculated by our records, based on our publicly available pricing or your Custom License with MapTiler. Fees are subject to any limits specified in the subscription plan or Custom License you have selected.
      
      If you exceed these limits, MapTiler may charge you applicable overage fees as set out on the site or in your Custom License.
      
      Access to and licensed use of MapTiler Services is subject to the timely payment of the fees set out in the subscription plan you have selected.

   2. Taxes & Third-Party Fees. All our published prices and fees do not include taxes unless explicitly specified otherwise. You must pay any applicable taxes and third-party fees (including, for example, ISP charges, foreign exchange fees and foreign transaction fees).
      
      We are not responsible for these fees and our prices and fees are published exclusive of such third-party fees. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

   3. Payment Methods. You may pay for our Services using payment methods available on our website as of the moment when you purchase our Services.

   4. Payment Term Unless otherwise agreed in writing, all fees must be paid Net-30 days from your receipt of an invoice.

   5. Late Payments If the owed amount is past due, MapTiler may suspect access to the Services until all outstanding fees are paid.
      
      MapTiler may charge interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until fees are paid in full.
      
      You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by us in collecting such delinquent amounts.

6. 6. Mapa Data Derechos de atribución, comercialización y referencia

   1. Map Data Attribution Requirements. When using Map Content, the Customer is required to add “© MapTiler” (with Free Account the MapTiler logo) when displaying maps. This should hyperlink to https://www.maptiler.com/copyright/

   2. OpenStreetMap Attribution. If the Map Data being used is based on OpenStreetMap data, the Customer is required to add “© OpenStreetMap” when displaying maps. This should hyperlink to: https://www.openstreetmap.org/copyright

   3. Map Styles Attribution. Some map styles are created from commercial or other data sources requiring attribution. MapTiler attribution with the proper link complies with these requirements.

   4. Attribution On Browsable Electronic Maps. For software containing a map based on the Map Data, the attribution should appear in a corner of the map, with a clickable link.

   5. Other Media. For printed maps, images or video recording, a similar attribution as for Browsable Electronic Maps should be made in a clearly visible textual description near the map.

   6. Attribution Visibility. The attribution must always be visible and readable on any screen or medium. On small screens (mobile phones), the attribution may be available behind a contextual popup window displaying only the attribution itself - openable with one click/tap from a map.

7. 7. Derechos de referencia

   1. Your Marketing Usage. Notwithstanding confidentiality obligations stated under section 7, Customer may use Map Content for the purposes of marketing their solution(s). All marketing and advertisement materials and publications shall contain attributions as specified below.

   2. Reference. Customer agree they may be identified as a MapTiler customer while they are holding an active subscription to MapTiler Services or Product. MapTiler may refer to Customer by name and, if applicable, may briefly describe your usage of our Services in marketing materials and websites.

8. 8. Sin garantía

   1. Customer Warranties. You, as a customer, represent and warrant that:

      1. You will comply with all applicable laws, these terms, any documentation, technical guidelines, and other requirements as MapTiler may provide from time to time with respect to your use of any of MapTiler products.
         
         
      2. You shall not violate, misappropriate, or infringe any intellectual property rights, rights of privacy, or rights of personality or any other right of any third party or of MapTiler.
         
         
      3. Your Content does not contain or distribute any viruses, spam, files, code malware or any other malicious software programs, technology or content that may harm or disrupt the operation of MapTiler products or services.
         
         
      4. You will exercise all legally required care and diligence in connection with the design, manufacture, workmanship, testing, distribution and operation of your offerings containing MapTiler Services.
         
         
      5. You will implement and comply with appropriate data privacy and security measures in connection with your collection, processing, transfer and use of personal data, if any, and that you have all necessary consents required for processing of such personal data in accordance with these Terms.

   2. Disclaimer Of Warranties. All Products are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We further disclaim any warranty that (a) the Products will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Products will be effective, accurate, or reliable; (c) the quality of the Products will meet your expectations; or (d) any errors or defects in the Products will be corrected

   3. Future Changes. MapTiler is not responsible for any future changes of environment where the Products run (the Customer's system), changes of the data formats or compatibility with future software (or any software that has not been explicitly tested) or any software provided by the third party.

9. 9. 9. Limitación de responsabilidad

   1. Disclaimer Of Liability. We specifically disclaim all liability for any actions resulting from your use of any Services. You may use and access the Services at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Services.
      
      Unless agreed otherwise, we are not liable to you or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages), including losses and damages (a) resulting from loss of use, data, or profits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (c) arising from any other claim arising out of or in connection with your use of or access to the Services.
      
      Nothing in these General Terms limits or excludes our liability for gross negligence, for our, or our employees’, intentional misconduct, breach of confidentiality or third party’s IPRs, or for death or personal injury.

   2. Liability Limitation. Our total liability in any matter arising out of or related to your use of Services, these General Terms or any Special Terms is limited to USD 1000 or the aggregate amount that you paid for all Services during the three-month period preceding the event giving rise to the liability, whichever is larger.
      
      This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss.

   3. Permitted By Law Only. The limitations and exclusions in this section apply to the maximum extent permitted by law.

10. 10. Terceros proveedores y licenciantes

    1. Third Party Licenses. The Customer is aware that Services may include third party software and map content. MapTiler is responsible for ensuring all Products and Services are licensed in accordance with the applicable software licenses.

    2. Third-Party Warranty. All third-party materials are provided “as is” without any representations or warranties of any kind. All warranties, whether express or implied, oral or written, arising by law or otherwise, are expressly disclaimed and excluded, including, without limitation all implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose.
       
       Unless otherwise prohibited by law, in no event will Third-Party licensors and suppliers be liable for incidental, consequential, special, exemplary, or indirect damages (including lost profits or lost data) arising from, or relating to your use of the Service.

    3. Third Party Beneficiary. You and your end-users acknowledge and agree that third-party suppliers are beneficiaries of these Terms, and that, upon your acceptance these beneficiaries will have the right (and will be deemed to have accepted the right) to enforce the Terms.

    4. OSS Licenses. The Customer is aware that Products and Services may include open source software. MapTiler is responsible for ensuring all Products and Services are licensed in accordance with the applicable open source software licenses.

11. 11. Terminación

    1. Agreement Term. The term begins on the effective date of payment or receipt of purchase order. These Terms and Special Terms apply during the full term of any order unless terminated as provided below.
       
       Terms continue to apply until your subscription is terminated or expires in accordance with the subscription or Custom License you hold. Your subscription may be automatically renewed depending on the plan you have chosen.

    2. Breach Of General Terms/Special Terms. We may immediately terminate any agreement with you (including any license to a Product) if you fail to comply with the provisions of these General Terms or any applicable Special Terms. You shall permanently delete the Product in its entirety. The already paid fees will not be refunded.

    3. Termination By You. You may terminate your subscription plan at any time by written notice to MapTiler so that your subscription plan terminates at the end of the current subscription period or custom license.
       
       This does not relieve you of any obligation to pay any outstanding fees. Any already paid fees also may not be refunded. Together with your termination notice to MapTiler you must request MapTiler to stop any automatic renewal of your subscription.

    4. Survival. Your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these General Terms and Special Terms will survive the termination.

    5. Effect Of Termination. Immediately upon termination of your license to MapTiler Services you must cease all use and distribution of the map content within your products or parts thereof and you must no longer make use of MapTiler products
       
       For avoidance of doubt, you must uninstall and destroy all related software, map content, backup copies, and all other related materials.

12. 12. Elección de la ley y jurisdicción

    1. Applicable Law. All relations between MapTiler and Customers are governed by the substantive laws of Switzerland. The parties expressly waive the application of the UN Convention on Contracts for the International Sale of Goods (CISG).

    2. Place Of Jurisdiction All disputes arising out of or in connection with these General Terms and any Special Terms, including disputes on the conclusion, binding effect, amendment and termination of any contract between MapTiler and Customers, shall be exclusively resolved by the competent court of Zug (Canton of Zug / Switzerland).
       
       The arbitration shall be conducted in the English language and be held in Zug, Switzerland.
       
       This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to a violation of intellectual property rights.

    3. Dispute Resolution. The Parties commit to using arbitration only as a last resort, and to make the best effort to resolve all disputes directly between the two parties, including escalation to manager level if required.

    4. Embargoed Countries. To use MapTiler Satellite map content provided by third-party licensors, you must 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.

13. 13. Varios

    1. Malicious Code. Disseminating, storing, or transmitting any malicious code or program using the MapTiler Services is prohibited.

    2. No Assignment You may not assign or otherwise transfer your rights and obligations, in whole or in part, either voluntarily or by operations of law, without our written consent, and any such attempt will be void.

    3. Change Of Control. In the event that any person or body corporate (excluding current shareholders) acquires in aggregate more than 50% of shares in Customer or otherwise assumes control of Customer, the Customer shall promptly notify MapTiler in writing of such an occurrence and MapTiler shall have the right, exercisable in its sole discretion, at any time thereafter to terminate any and all agreements with Customer without any liability by providing thirty (30) days notice in writing to Customer.

    4. Headings. Headings used in these General Terms or any Special Terms are provided for convenience only and will not be used to construe meaning or intent.

    5. Severability. If any provision of these General Terms or any Special Terms is held invalid or unenforceable for any reason, the General Terms and any Special Terms will continue in full force and effect.

    6. No Waiver. Our failure to enforce or exercise any provision of these General Terms or any Special Terms is not a waiver of that provision.

    7. Force Majeure. Neither party shall be liable to the other for a failure to perform any of its obligations under this agreement, except for payment obligations, due to force majeure circumstances beyond its reasonable control, provided such party notifies the other of the delay.