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Terms of Service

Last modified: 8th September 2016, version 5

Welcome to GraphHopper

Thanks for using our products and services!

1.
The purpose of this website, graphhopper.com (the “Site”), owned and operated by
GraphHopper GmbH (“GraphHopper”) is to provide routing products and services.
The GraphHopper Directions API (“Directions API”) is offered.
At graphhopper.com/maps (“GraphHopper Maps”)
driving directions are provided to the end users for demonstrational purposes of the Directions API.

By using the Site, the Directions API, GraphHopper Maps or any services provided on the Site (collectively, “Services”),
you acknowledge that you have read, understood, and agree to be bound by the following
terms of service and any future modifications to this agreement (collectively, the “Terms”).
If at any time you do not agree to all these Terms, please immediately terminate your use of the
Services. You, on your own behalf and on behalf of your company, acknowledge that these Terms
are binding and enforceable on you and your company (collectively, “You” or “Subscriber”).

2. Using our Services

1.
To use our services, registration is a prerequisite. There is no entitlement to the use of the Service.
GraphHopper reserves the right to deny any requests for use without explanation.

2.
Registration is only open to Subscribers who are of age and legally competent. Minors may not register.
For a legal entity, the registration has to be completed by a legally competent and authorised representative,
natural person.

3.
The contact details and other information required by GraphHopper during the registration process must be
complete and correct. The registration of a legal entity requires the additional designation of an
authorised representative, natural person.

4.
Following the completed submission of all required data by the Subscriber, the data is reviewed by
GraphHopper with respect to completeness and plausibility. If all details are correct from the
perspective of GraphHopper and there are no other concerns on the part of GraphHopper, GraphHopper
activates the requested access and notifies the Subscriber of this via email. The email is considered
acceptance of the request for use. The Subscriber has to confirm his activation by clicking the link
contained in the email within 24 hours.

5.
You must adhere to all policies posted within the Services and
all accompanying documentation. All such policies are hereby incorporated by reference into these Terms.

6.
In order to use the Directions API you must agree to the Terms. You can accept the Terms by:

1. clicking to accept or agree to the Terms when you register for a new account to the Directions API; or

2. using the Site or GraphHopper Maps. In this case, you understand and agree that GraphHopper
will treat your use of GraphHopper Maps
as acceptance of the Terms from that point onwards.

7. You represent that you have full power, capacity and authority to accept these Terms. If you are accepting on
behalf of your employer or another entity, you represent that you have full legal authority to bind your
employer or such entity to these Terms. If you don’t have the legal authority to bind, please ensure that an
authorized person from your entity consents to and accepts these Terms.

8. For information about GraphHoppers’s data protection practices, please read GraphHopper’s
privacy policy.

9. As a condition of your use of the Services, you warrant to GraphHopper that
you will not use the Services for any purpose that is unlawful or prohibited by these terms,
conditions, or notices. You may not use the Services in any manner which could damage, disable,
overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online
conduct and acceptable content.

10. The Site allows you to access and view a variety of content, including but not limited to routing and
and other related information provided by GraphHopper and its licensors.
You understand and agree to the following with respect to all content made available by or through the Site:

  1. You understand that routing data and related content are provided for planning purposes only.
    You may find that events may cause the actual information to differ from the map results.
    You should exercise judgment in your use of all content made available by or through the Site.
  2. Certain content is provided under license from third parties, and is subject to copyright and other
    intellectual property rights owned by or licensed to such third parties.
    You may be held liable for any unauthorized copying or disclosure of this content.
    You understand that when using the Site you will be exposed to user submissions and other third party content
    from a variety of sources (“Non-GraphHopper Content”), and that you may be exposed to Non-GraphHopper
    Content that is inaccurate, offensive, indecent, or otherwise objectionable. GraphHopper does not
    endorse any Non-GraphHopper Content or any opinion, recommendation, or advice expressed therein. Under
    no circumstances will GraphHopper be liable in any way for or in connection with the Non-GraphHopper Content,
    including, but not limited to, for any inaccuracies, errors, or omissions in any Non-GraphHopper Content,
    any intellectual property infringement with regard to any Non-GraphHopper Content, or for any loss or
    damage of any kind incurred as a result of the use of any Non-GraphHopper Content posted, emailed, or
    otherwise displayed or transmitted through the Site.

11. GraphHopper reserves all rights not expressly granted to you. The use of the Site, including its software,
services and other content, is licensed only to you and may not be transferred to anyone without the prior
written consent of GraphHopper. Any authorized transferee shall agree in writing to be bound by the terms and
conditions of these Terms. In no event may you copy, rent, time-share, sublicense, transfer, sell or otherwise
dispose the Directions API on a temporary or permanent basis.

3. Attribution

You understand that packages without the white-label option
require You to display GraphHopper attribution, and all packages require
OpenStreetMap attribution and
You agree to comply with this requirement.

You agree to provide attribution when required, as outlined in the
GraphHopper documentation.
You understand that a subscription to a GraphHopper package that offers “white-labeled” services
does not waive your responsibility to provide attribution when required or requested.

All other materials displayed or performed on the Site, including, but not limited to text, graphics, maps, logos,
tools, photographs, images, software or source code, audio and video, and animations are the
property of GraphHopper and/or third parties and are protected in Germany and international copyright laws.

4. GraphHopper Maps

You can use GraphHopper Maps free of charge.

5. GraphHopper Directions API

You can use the Directions API where the following additional terms apply:

  1. Your Account.
    You must have a GraphHopper account to use the Directions API. You are required to register for an
    account before using the Directions API.
    Each request to the API must include one of your account’s API identifier.
    Unauthorized use of any API identifier is prohibited.Your account grants you permission to use the Site and Services, for both commercial and
    non-commercial purposes except for the Free-package. The commercial use of the
    Free-package is allowed in the development phase and for the production phase on inquiry, please contact us.
    Only one Free-package is allowed per user.All none-Free packages require a recurring monthly payment,
    where the price in euro or US dollar depends on the contract length (1 or 12 months) and
    the package type (basic, standard, premium or custom).
  2. Proxying and Caching.
    To proxy and redistribute the Directions API you need a custom package and agreement with GraphHopper.
    The results may be temporarily cached on the client side (e.g. browser or mobile app).
    Scraping or any mass download is prohibited, if not otherwise stated in your package.
  3. Restrictions on the Types of Applications.
    You are allowed to use the Directions API without showing a map. You can develop any kind
    of software, including navigation software.
  4. Responsibility.
    You are solely responsible for any and all acts and omissions that occur under your account or password,
    and you agree not to engage in unacceptable use of the Services, which includes, without limitation, use
    of the Services site to:
    (i) disseminate or transmit material that, to a reasonable person, may be abusive,
    obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
    (ii) disseminate, store, or transmit files, graphics, software, or other material that actually or
    potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any
    person;
    (iii) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any
    communication;
    (iv) export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or
    restriction of Germany and its agencies or authorities, or without all required approvals, licenses, or exemptions;
    (v) interfere, disrupt, or attempt to gain unauthorized access to other accounts or any other computer network;
    (vi) disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program; or
    (vii) engage in any other activity deemed by GraphHopper to be in conflict with the spirit or intent of these Terms.
  5. Limits.
    If your application which is using the Directions API generates a high volume of transactions,
    GraphHopper reserves the right to set transaction limits, as described in the Documentation here.
    GraphHopper also reserves the right to set other usage policies in the Documentation from time to time.
    If you want to engage in use outside these transaction limits or usage policies, please contact
    GraphHopper for information on custom packages to address your needs.
  6. Your Implementation.
    If you develop a Directions API Implementation for use by other users, you must:
    (a) attribute GraphHopper for certain packages as outlined above and also OpenStreetMap;
    (b) display to the users of your Directions API Implementation the link to this GraphHopper’s Terms of
    Services as described in the Directions API Documentation;
    (c) explicitly state in your Directions API Implementation’s terms of use that, by using your Directions API
    Implementation, your users are agreeing to be bound by GraphHopper’s Terms of Use; and
    (d) protect the privacy and legal rights of those users.

These Terms shall benefit GraphHopper and its successors and assigns. You may not, or permit any third party to,
modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise
attempt to derive any source code from the Site’s software. All logos and product names appearing on or in
connection with the Site are proprietary to GraphHopper or its licensors and/or suppliers. You agree never to
remove any proprietary notices or product identification labels from the Site’s software and other content,
if applicable. The limited license granted above terminates automatically, without necessary
notice to you, if you breach any of these Terms. Upon termination of the limited license,
you agree to immediately destroy any downloaded or printed materials from the Site, including software
and other content.

6. Charges & Payment

Some of the Services require payment of fees.

GraphHopper is not responsible for any additional bank fees, interest charges, finance charges, over draft
charges, or other fees resulting from charges billed by GraphHopper. Currency exchange settlements will be
based on agreements between you and the provider of your credit card or other payment methods.

All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law.
The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.

You may cancel at any time. There is no required length of time associated with using the Services,
but we do not give pro-rated refunds for unused time if cancellation is initiated during the middle of a
subscription period.

We reserve the right to change our fees, but will notify you in advance of increases.

7. Modifying and Terminating our Services

GraphHopper has the right to change any service provided free of charge at any time, to make available
new services free of charge or paid-for, and to terminate the provision of free-of-charge modules.
In these cases, GraphHopper will show consideration of the legitimate interests of the Subscriber.

8. Warranty

(1) If the services provided by GraphHopper are inadequate, because their viability for contractual
use is not insignificantly impaired, GraphHopper is liable according to the legal requirements for
material and legal defects.
(2) The Subscriber is obligated to report defects to GraphHopper immediately. Warranty claims for defects
expire within one year.
(3) The Service Level Agreement (SLA) is 99.5% availability within every month.
If less than 99.5% availability (but more than 99%) is reached then a discount
of 10% is provided. If less than 99% is reached a 50% discount is provided.
For a custom packages different SLA requirements can be arranged.

9. Liability, limits of liability

The parties shall assume mutually liable in cases of intent or gross negligence for all damages caused
by them as well as their legal representatives or proxies. In cases of slight negligence, the parties
assume liability in the event of injury to life, body or health. In any other event, a party is only
liable, if they have violated a substantial contractual obligation. In these cases, the liability is
limited to the foreseeable, predictable ensuing damages. GraphHopper’s liability, regardless of
culpability, pursuant to defects at the start of contract will be excluded; Section 1 and 2 remain
unaffected. Liability according to product liability law remains unaffected.

10. Limitation of liability for use free of charge

In the event that the Subscriber should suffer damages as a result of free-of-charge use of the
service (use free of charge, trial phase), GraphHopper will assume liability only in cases, where
the damages were incurred as a result of contractually agreed-upon use of the Services, and only
in cases of intent (including fraud) and gross negligence on the part of GraphHopper.

11. Online manual

GraphHopper makes an online manual for the use of the services available. GraphHopper decides at his
own discretion, whether changes to the Services necessitate an addition or revision to the online manual.

12. Use of brand names, names and logos

The Subscriber gives permission for GraphHopper to use company identifiers, names, brand names and
logos of the Subscriber (“Signs”) pursuant to the following provisions. GraphHopper is permitted
to use Signs for the purposes of presentation and advertisement. In particular, GraphHopper is
permitted to use the Signs for the purpose of presentation and advertisement on the company
website, as well as other GraphHopper-run websites, portals, in brochures, flyers, newspapers,
magazines, for exhibitions and events of any kind. The Subscriber gives these permissions to
GraphHopper free of charge. The Subscriber may withdraw permission at any time in writing,
as long as he can claim a legitimate interest. As legitimate interests qualify in particular
insolvency, cessation of business activity, business divestiture or a legal claim by a third
party against the Subscriber with regard to the rights of use of the Signs.

13. Right of usage

Subscriber is given a single right of usage (not sub-licensable and non-transferrable) to the Services,
limited to the term of duration of this contract, pursuant to the following provisions.
The Subscriber uses the Services on GraphHopper’s IT system. There is no transfer of the Software
to the Subscriber. The Services may only be used for the Subscriber’s own business activity and
by his own members of staff. If GraphHopper releases new versions, updates, upgrades or other
new supplies with regard to the Services, the above-mentioned provisions will also apply to those.
The Subscriber is not entitled to rights, which have not explicitly been granted to the Subscriber
above. The Subscriber particularly does not have the right to use the Services beyond the
agreed-upon usage, or allow its use by a third party or to make the Services accessible to a
third party (the exception is the authorised use by members of staff). In particular, it is
not permitted to copy, sell, lease for a limited time, particularly not to license or lend the Services.
The Subscriber must take the necessary precautions to prevent the use of the Services by
unauthorised parties. If a breach of duty is attributable to the Subscriber, GraphHopper is entitled
to claim damages.

14. Contract term

The contractual agreement begins with the formation of contract and lasts for the contractually
agreed-upon time period. It renews automatically, according to contractual agreement, for the
respectively agreed-upon amount of time, unless one party terminates the contract in compliance
with the agreed-upon notice period. The notice shall be given in writing. An extraordinary termination
as a result of, or in connection with a breach of duty is only possible following a written warning and
within a reasonable time limit. Irrespective of the regulation set out in section 2, GraphHopper can
terminate the contract without notice, if the Subscriber is behind on the payment for two consecutive
months, or on a significant proportion of payment; or if the Subscriber, in a time period, spanning
more than two months, is behind on the payment of fees amounting to the payment of fees for two months.

15. Confidentiality

(1) The contracting parties shall enter into an agreement of non-disclosure regarding all confidential
information, which has come to their attention as part of this contractual agreement, or use it
only after obtaining written permission by the other party with a third party, regardless to
what purpose. Among the information to be treated confidentially is the information explicitly
termed confidential by the information-providing party and such information, the confidentiality
of which is implied clearly by the circumstances of their transfer. GraphHopper ought to treat
confidentially, in particular, the application data, should it become known to him.
(2) The obligations according to section 1 are void for such information or parts thereof,
where the receiving party can prove that it

  • was known to them prior to the date of receipt, or was generally accessible;
  • was known to the public prior to the date of receipt, or was generally accessible;
  • was known to the public after the date of receipt, or was made generally accessible, without the
    information-receiving party being responsible for it.

Public declarations of cooperation between the two parties are only made following prior mutual
agreement.
The obligations according to section 2 extend beyond the term of the contract for an indefinite time period,
specifically, for as long as an exceptional circumstance, as listed in section 2, cannot be proven.

16. Changes to the contract terms

Unless other specific provisions have already been made, GraphHopper retains the right to change or
amend these contractual terms as follows. GraphHopper shall notify the Subscriber of the changes or
amendments in written form at least six weeks prior to their taking effect. If the Subscriber
does not agree to the changes or amendments of the contract terms, he can object to them within
a deadline of four weeks from the intended time of the changes or amendments taking effect.
The objection must be made in writing. If the Subscriber does not object, the changes and
amendments are considered approved by the Subscriber. GraphHopper shall, as part of his
notification of changes and amendments, indicate particularly the intended significance of his actions.

17. Final provision

The laws of Bavaria, Germany, will apply to any disputes arising out of or relating to these terms or
the Services.
All claims arising out of or relating to these terms or the Services will be litigated exclusively in the
courts of Munich, Germany, and you and GraphHopper consent to personal jurisdiction in those courts.

Headings are for convenience only and have no legal or contractual effect.

You can contact GraphHopper via our contact page.