General Terms and Conditions of Business and Use (AGNB) for the services and performances of WA Maps by Loreberry UG (haftungsbeschränkt), Reilstraße 85a, 06114 Halle (Saale), Germany
Table of contents
§ 1 General
- Loreberry UG (haftungsbeschränkt, hereinafter referred to as Loreberry UG) under the brand name WA Maps provides maps with individual markers, filters, and other attributes for integration on customers' websites.
- The provision of services by Loreberry UG is based on these AGNB exclusively for small and medium-sized enterprises (SME) as defined by the EU. For companies that do not meet these requirements, services are provided by Loreberry UG exclusively on the basis of individual contract conditions, i.e. please ask for them.
- The provision of services by Loreberry UG, the connection, use and retrieval of the resulting maps, including all supplied attributes, shall be exclusively based on these AGNB. Other terms and conditions do not apply even if Loreberry UG does not object to them.
- The prices quoted refer to the first 25,000 API calls per month. Unless otherwise agreed in the individual contract, each additional API call is charged at 0.007 euros.
§ 2 Responsibilities of Loreberry UG
- Loreberry UG keeps the content and data posted by the Customer (ordering individual or legal entity, hereinafter: "the Ordering Party") and the map applications available on a server for Internet retrieval. Loreberry UG is not responsible for the transfer of data from the WA Maps server to the Client or third parties and does not assume any costs or responsibility for this.
- Loreberry UG undertakes to observe the provisions of data protection law and to use data provided by customers and users only within the legally permissible scope. Loreberry UG makes the adopted content available online to visitors of the Internet for the purpose of non-commercial information in accordance with this AGNB.
- The map data including graphics and vectors are provided by Open Street Map contributors (link: https://www.openstreetmap.org/copyright). For the map data originating from Open Street Map, the copyrights and licensing rights of the OpenStreetMap Foundation apply accordingly (link: https://wiki.osmfoundation.org/wiki/Terms_of_Use). The Loreberry makes every effort to update the map data several times a year. Nevertheless, it is possible that data is incorrect, incomplete or not up to date. Loreberry UG assumes no liability for this. The use of the map data for the purpose of navigation is expressly at your own risk.
- The map server and code for customization of the map is based on OpenMapTiles. Accordingly, the copyrights and licensing conditions apply to both the code (Code License: BSD 3-Clause License) and the design (Design License: CC-BY 4.0). https://github.com/openmaptiles/openmaptiles/blob/master/LICENSE.md
- Map designs created by Loreberry UG are generally created using Maputnik. The copyrights and license terms of Maputnik apply accordingly: https://github.com/maputnik/editor/blob/master/LICENSE
- The card designs created by Loreberry UG are subject to copyrights and author rights of Loreberry UG and its employees*. License rights provided with the map provision service by Loreberry UG are specified in the order or in the order confirmation. The license is limited to the integration of the card service on the websites specified in the contract. Any use beyond this without the explicit consent of Loreberry UG is prohibited. In particular, card designs of Loreberry UG may not be published anywhere other than the location specified in the contract, or copied, modified, distributed, sold, sublicensed or otherwise used without the explicit consent of Loreberry UG. The card styles are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall the authors or copyright holders be liable for any damages or other liability, whether in contract, tort, or otherwise, arising out of or in connection with the Map Styles or the use or other dealings with the Map Styles.
- Map styles and other data transmitted to Loreberry UG by the client for integration and/or display are the sole responsibility and liability of the client. In particular, the client must check for possible legal violations by transmitted styles, such as copyright violations, before transmitting them to Loreberry UG. Loreberry UG assumes no liability for the card styles and other data transmitted by the client.
- Marker and filter data
- Marker and filter data as well as any other customer-specific data transmitted by the client are the sole responsibility and liability of the client. Loreberry does not assume any warranty or liability for the correctness of this data, the responsibility for this lies exclusively with the client.
- Loreberry UG chooses the hoster with care. Technical data of the server regarding accessibility, security and location are specified in the contract. Loreberry UG is not responsible for the accessibility and other server-related circumstances beyond the careful choice of the hoster. Defects resulting from the service of the hoster, such as delays in delivery, lack of accessibility, or data deviating from the specifications, are solely attributable to the hoster and do not fall under the responsibility of Loreberry UG. Excluded from this are data protection rights of those affected within the legal framework.
§ 3 Responsibility of the Ordering Party, Basic Rules for Marker and Other Entries by the Ordering Party
- The Client shall provide Loreberry UG with all information required for the execution of the contract in a timely manner. The client assures to observe the data protection regulations.
- Ordering parties are responsible for the accuracy, completeness and legality of the data they provide. Ordering parties expressly assure that these data are compatible with the applicable law. Client indemnifies Loreberry UG and its management against all disadvantages incurred by Loreberry UG as a result of legal violations committed by Client with regard to the content provided by Client.
- Ordering parties who transmit not (only) their own data but (also) the data of third parties to Loreberry UG for presentation guarantee that they have been commissioned to do so by the legal representatives of the third parties or are themselves a legal representative of this company with sole power of representation.
- Ordering parties may not post any inadmissible content on WA Maps. Inadmissible content is text, images, links or other content that violates laws or morality, in particular
- racist, insulting, vulgar, violence glorifying or trivializing as well as immoral content;
- Content that impairs or endangers the development or education of children or adolescents or violates human dignity or other protected legal interests;
- Content that may encourage others to commit criminal or otherwise immoral acts;
- insulting or defamatory statements;
- Threats, abusive criticism, defamation, insults, lies or misinformation;
- Content that may violate the right to informational self-determination of third parties;
- copied content to which the commissioning party has no rights;
- Content that poses a security risk, such as viruses, Trojans or other malware;
- Links to websites with content that is contrary to morality or applicable law, harmful to minors or otherwise inadmissible;
- private data such as names, telephone numbers or e-mail addresses outside the profile.
- The services obtained from Loreberry UG apply only to the websites and domains specified in the contract or in the dashborad of wa-maps.de. The purpose of the service is exclusively the display of the map on the specified websites/domains for non-commercial information of the website visitors. Any further use of the maps provided by Loreberry UG requires the prior consent of Loreberry UG at least in text form.
- All rights, in particular the copyrighted rights of use and exploitation of the WA Maps technology and software, are the exclusive property of Loreberry UG in relation to the Client.
- All other types of exploitation, in particular the translation, adaptation, arrangement, other reworking and distribution of the software and content (outside the contractually agreed) require the consent of Loreberry UG.
- Copyright notices, other reservations of rights, serial numbers and other features contained in the database, software and content may not be changed or made unrecognizable. The Ordering Parties shall refer to the ownership of rights of WA Maps on their website as well as observe the licenses of suppliers mentioned under §2 No. 3 and refer to them accordingly.
- Loreberry UG offers commissioning parties the possibility to manipulate marker data and filters independently via WA Maps. Clients are obliged to refrain from any further manipulation (e.g., but not limited to, removal of logos or references). The Client shall indemnify Loreberry UG and its management against all disadvantages incurred by Loreberry UG as a result of any infringement of rights committed by the Client in relation to the manipulation of the delivered card.
- The Client shall immediately notify Loreberry UG of any recognizable defects and malfunctions of the services as well as imminent dangers (e.g. due to viruses) and indications of improper use by third parties. The Client shall take all reasonable measures to identify, contain and document such defects and malfunctions.
§ 4 Use
- Users are allowed to print out a selection of the information they retrieve.
- Other uses, in particular the retrieval and evaluation of the information for commercial purposes and any other commercial exploitation require the express written consent of Loreberry UG/WA Maps. The automatic search of the information, in particular with web crawlers or bots, is fundamentally prohibited.
- Users may not remove copyright notices, trademarks and other legal reservations in the data. WA Maps must be cited as the source of the information, as well as other suppliers of information in accordance with their license terms (see § 2 No. 3).
- Links to the WA Maps website are permitted only to the extent permitted by law and must credit WA Maps as the source; in particular, framing techniques are not permitted.
§ 5 Rights of Loreberry UG
- Loreberry UG is entitled to carry out maintenance work on servers and databases etc.. Disturbances of the data retrieval will be kept as low as possible.
- Loreberry UG may refuse entries, advertisements or the use of other services if the corresponding entries are not feasible for technical reasons or are not in accordance with netiquette or applicable law.
- Loreberry UG is entitled to temporarily refuse the delivery of the map or parts thereof or other components of the service to certain affected ordering parties if third parties credibly claim infringements of rights through the publication of the data or if there are justified doubts about their legality for other reasons. A claim to remuneration remains unaffected in these cases. If the affected client does not succeed in proving the legality within the set period of time after being requested to do so by Loreberry UG, Loreberry UG is entitled to terminate the contract for cause. For clients who bear a protected professional title or are otherwise under the supervision of a chamber, etc. (e.g. architects, doctors, craftsmen, lawyers, tax advisors), it applies that they provide identifying information in accordance with their professional law.
§ 6 Liability
- Loreberry UG is not liable for WA Maps services provided free of charge.
- Furthermore, Loreberry UG is not liable for the accuracy and completeness of the data provided. In particular, Loreberry UG is not liable for the suggestion of a route planning actually (still) exists, is passable by a certain vehicle, is the shortest, fastest or otherwise optimized route, or has other properties. The use of the map data for the purpose of navigation is expressly at your own risk (see §2 No. 3).
- In the event that Users incur damages as a result of the contractual and intended use of the WA Maps services for which Loreberry UG is liable on the merits, Loreberry UG shall only be liable for the amount of damages typically foreseeable at the time of the conclusion of the contract. The liability for damages is limited to the amount of an annual contract fee.
- Loreberry UG makes no promises about the availability of the server(s) of the WA Maps services and is not responsible for them.
§ 7 Data protection
- The Client is hereby informed that Loreberry UG collects, stores, processes and transmits its data to third parties to the extent necessary for the performance of the contract and on the basis of data protection regulations. Loreberry UG obligates its employees entrusted with the processing of personal data in writing to maintain data secrecy and ensures that third parties that Loreberry UG involves in the performance of services are also obligated to comply with data protection regulations.
- Loreberry UG will not disclose this data to third parties outside the scope required for the execution of the contract without the consent of the ordering party, unless required by government agencies or internationally recognized technical standards.
- The commissioning party is aware that Loreberry UG has no influence on the use of the information entered by it by the users of WA Maps. Liability for the proper use of the data by third parties is therefore limited to those cases in which such unlawful use of the data was caused by intent or gross negligence attributable to Loreberry UG.
§ 8 Contract term
- Free services can be terminated by both contracting parties at any time without notice.
- Paid services
The term of the contract and the notice periods are specified in the respective order or the respective order confirmation. If no other regulations result from the order or the order confirmation, the following shall apply:
The minimum contract period is 12 months starting with the day on which a map has been made available by WA Maps to the Ordering Party for use. Unterminated contracts shall be extended by 3 months at a time. After expiration of the minimum contract period of 12 months, the contract can be terminated with a notice period of 4 weeks to the end of the contract. The termination must be made in writing or in text form.
- The right to terminate without notice for good cause remains unaffected.
§ 9 Terms of payment
- The remuneration and its due date result from the respective order or order confirmation. The payment obligation is independent of the delivery of the (address) data required for implementation by the ordering party. All amounts are net amounts, to which value added tax must be added in each case. The amount is due immediately upon receipt of the invoice by the ordering party without deduction.
- Offsetting is only permitted with undisputed or legally established claims from the same legal relationship.
- In case of default of payment by the Ordering Party, Loreberry UG is entitled to block access to cards, data and software (components) and to refuse the delivery of data from servers of Loreberry UG. The obligation to pay as well as the assertion of the legal damage caused by default remain unaffected.
§ 10 Miscellaneous
- No ancillary agreements have been made. Amendments to the contract are subject to the written form; this also applies to a waiver of the written form. The written form is also fulfilled by fax letters and emails.
- The contract is subject to German law. The place of performance and exclusive place of jurisdiction is the registered office of Loreberry UG, provided that the ordering party is a merchant*/ Kauffrau* or has its registered office outside Germany.