GEOlayers.app General Terms and Conditions

These General Terms and Conditions govern the relationship between GEOlayers represented by Markus Bergelt (“GEOlayers”, “we”, “us”, or “our”) and our customer(s) (“Customer” or “you”). By using the site and services (collectively, "Services") you agree to be bound by the following Terms, which may be updated from time to time. Please read these terms and conditions carefully before using our Service.

Definitions

“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Account” means a unique account created for you to access our Service or parts of our Service.
“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
“Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
“Feedback” means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our Service.
“Promotions” refer to contests, sweepstakes or other promotions offered through the Service.
“Subscriptions” refer to the services or access to the Service offered on a subscription basis by the Company to You.
“Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
“Website” refers to GEOlayers, accessible from https://geolayers.app

Grant of License

General Terms Scope. These General Terms apply to the use of all GEOlayers.app Services. You agree to be bound by these General Terms in full extent. By using GEOlayers.app Services, you automatically accept and agree to these terms and conditions.
Privacy Policy. Your access to and use of the Service is conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes policies and procedures on the collection, use, and disclosure of personal information when you use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read Our Privacy Policy carefully before using Our Service.
Subscription Period. The Services provided to the Customer, including third-party content, are licensed to the Customer, not sold. The Service is available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels or modifies it.
Intellectual Property. 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 GEOlayers.app or respective third-party supplier(s). GEOlayers.app reserves all rights not expressly granted.
Legal Authority. If you are entering into an agreement with GEOlayers.app 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.
No Assignment. This agreement is between you and GEOlayers.app. 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.
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.
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.
Changes to the Terms. GEOlayers.app reserves the right to update and modify the Terms periodically. Whenever such changes occur, GEOlayers.app will provide a revised version of the Terms, which can be accessed at https://www.geolayers.app/terms-and-conditions (or any alternative URL specified by GEOlayers.app). 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 GEOlayers.app.
Accepting The Terms. By using the GEOlayers.app 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.

Intellectual Property

No Reverse Engineering. You may not reverse engineer, decompile, disassemble, or work around technical limitations in the Service.
Sole Ownership. GEOlayers.app remains the sole owner of all rights, title, and interest in our Services. We do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services. We reserve all rights not granted under these General Terms and Special Terms.
Confidential Information. The Services and the related documentation (and all portions thereof, collectively and separately) are proprietary to GEOlayers.app and contain valuable trade secrets, and shall be considered Confidential Information of GEOlayers.app 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 GEOlayers.app.
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 GEOlayers.app; (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.

Subscriptions

Registering An Account. You must register for an account through the GEOlayers.app Website to access and use GEOlayers.app Services. When You create an account, you must provide information that is accurate, complete, and current at all times. Failure constitutes a breach of the Terms, which may result in immediate termination of your.
Minimum Age. You warrant that you are at least 18 years of age to register a GEOlayers.app account.
Account Sharing. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
Username. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Free Accounts. With a free account, you may only use the Software up to the restrictions 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.
Paid Accounts. Your use of GEOlayers.app Services is subject to the use limits that are outlined in the subscription plan you have selected or by the custom plan agreed with us. You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Should automatic billing fail to apply for any reason, the Customer will be issued an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Account Responsibility. You are responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of the Services.
Service Usage
1. Customer Use. All Services are to be used by you as our Customer only and in accordance with all applicable Terms unless explicitly agreed in written form. You may not resell or redistribute, rent, lease, lend, sell or sublicense our Services or any part thereof without a written agreement from GEOlayers.app. You are also not permitted to make our Products or parts thereof available to others, including your Affiliates, in any other way unless specified otherwise in any Special Terms or agreed between you and GEOlayers.app in written form.
2. Lawful Use Only. You can only use our Products for lawful purposes.
3. Customer Feedback. We may use any Feedback provided by Customers for development and commercialization purposes.
4. 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. GEOlayers.app will to the extent possible ensure that such modifications and updates do not decrease the performance of the Service quality and functionality.
5. DCMA. 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. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  2. A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  3. Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  4. Your address, telephone number, and email address.
  5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
  7. You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Fees and Payments

Fees For License. You agree to pay all the fees owed based on your use of the Service. Fees are subject to any limits specified in the subscription plan or Custom License you have selected. Access to and licensed use of GEOlayers.app Services is subject to the timely payment of the fees set out in the subscription plan you have selected.
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.
Fee Change. The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds. Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Promotions. Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Payment Methods. You may pay for our Services using payment methods available on our website as of the moment when you purchase our Services.
Payment Term. Unless otherwise agreed in writing, all fees must be paid Net-30 days from your receipt of an invoice.
Late Payments. If the owed amount is past due, GEOlayers.app may suspect access to the Services until all outstanding fees are paid. GEOlayers.app 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.

Content

User Content. You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute your submitted Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service. 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. An exception to this Term may be provided for Enterprise users.
Content Restrictions. The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following: 8. Unlawful or promoting unlawful activity. 9. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups. 10. Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling. 11. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person. 12. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights. 13. Impersonating any person or entity including the Company and its employees or representatives. 14. Violating the privacy of any third person. 15. False information and features.
Content Removal. The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups. Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Map Data Attribution,

Map Data Attribution Requirements. The Customer is required to add “© MapTiler” and “© OpenStreetMap” when creating exports from the GEOlayers.app, unless otherwise agreed in writing.
Attribution Visibility. The attribution must always be visible and readable on any screen or medium. An exception to this Term may be granted for Enterprise users.

Reference Rights

Reference. Customer agree they may be identified as a GEOlayers.app customer while they are holding an active subscription to GEOlayers.app Services or Product. GEOlayers.app may refer to Customer by name and, if applicable, may briefly describe your usage of our Services in marketing materials and websites. An exception to this Term may be granted for Enterprise users.

No Warranty

Customer Warranties. You, as a customer, represent and warrant that:
You will comply with all applicable laws, these terms, any documentation, technical guidelines, and other requirements as GEOlayers.app may provide from time to time with respect to your use of any of GEOlayers.app products.
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 GEOlayers.app
You will exercise all legally required care and diligence in connection with the design, manufacture, workmanship, testing, distribution and operation of your offerings containing GEOlayers.app Services.
1. Disclaimer Of Warranties. The Service is provided to you “as is” and with all faults and defects without warranty of any kind. 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
2. Future Changes. GEOlayers.app 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.

Limitation of Liability

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

Third-Party Suppliers & Licensors

Third Party Licenses. The Customer is aware that Services includes third party content. GEOlayers.app is responsible for ensuring all Products and Services are licensed in accordance with the applicable software licenses.
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.
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.

Termination

Agreement Term. The term begins on the effective date of payment or receipt of purchase order. These Terms apply during the full period of any agreement 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.
Breach of 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 Terms.
Termination By You. You may terminate your subscription plan 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.
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.
Effect Of Termination. Immediately upon termination of your license to GEOlayers.app Services you must cease all use of the GEOlayers.app and you may no longer make use of new map content exported from the GEOlayers.app. You may continue to broadcast previously exported content.

Choice of Law and Jurisdiction

Applicable Law. All relations between GEOlayers.app and Customers are governed by the substantive laws of Sachsen, Germany. 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 GEOlayers.app and Customers, shall be exclusively resolved by the competent court of Sachsen, Germany. 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.
Dispute Resolution. The Parties commit to make the best effort to resolve all disputes directly between the two parties, including escalation to manager level if required.
European Unions Users. If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions. If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance. To use GEOlayers.app 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.

Miscellaneous

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