Distances API – Terms of Service Dataloy Systems AS

1st of May 2021 – Version 1.1

Welcome to Dataloy Distances API

Purpose of the service:

1. The purpose of this API (the “API”), owned and operated by Dataloy Systems AS (“Dataloy”) is to provide distances / routing products and services. The Dataloy Distances API (“Distances API”) is offered.

2. By using the Site, the Distances API 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”).

Using our Services

1. To use our services, registration is a prerequisite. There is no entitlement to the use of the Service. Dataloy 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 Dataloy 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 Dataloy with respect to completeness and plausibility. If all details are correct from the perspective of Dataloy and there are no other concerns on the part of Dataloy, Dataloy 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 accompanying documentation.

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

  • clicking to accept or agree to the Terms when you register for a new account to the Distances API; or
  • using the API. In this case, you understand and agree that Dataloy will treat your use of the API 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 Dataloy’s data protection practices, please read Dataloy’s privacy policy.

9. As a condition of your use of the Services, you warrant to Dataloy 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 a variety of content, including but not limited to routing and and other related information provided by Dataloy and its licensors. You understand and agree to the following with respect to all content made available by or through the Site:

  • 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 map results of other providers. You should exercise judgment in your use of all content made available by or through the Site.
  • 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-Dataloy Content”), and that you may be exposed to Non-Dataloy Content that is inaccurate, offensive, indecent, or otherwise objectionable. Dataloy does not endorse any Non-Dataloy Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Dataloy be liable in any way for or in connection with the Non-Dataloy Content, including, but not limited to, for any inaccuracies, errors, or omissions in any Non-Datalo Content, any intellectual property infringement with regard to any Non-Dataloy Content, or for any loss or damage of any kind incurred as a result of the use of any Non-Dataloy Content posted, emailed, or otherwise displayed or transmitted through the Site.

11. Dataloy 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 Dataloy. Any authorised 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 of the Distances API on a temporary or permanent basis.

Attribution

You agree to provide attribution when required, as outlined in the Dataloy Distances API documentation. You understand that a subscription to a Dataloy package with the white label option 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, source code, audio, video, and animations are the property of Dataloy and/or third parties and are protected by Norway and international copyright laws.

Distances API

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

1. Your Account.

You must have a Dataloy Distances API account to use the Distances API. You are required to register for an account before using the Distances API. Each request to the API must include one of your account’s API identifiers. 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 non-Free packages require a recurring monthly payment, where the price in US dollars depends on the contract length (1 or 12 months) and the package type (basic, pro, ultra, mega).

2. Proxying and Caching.

To redistribute the Distances API you need a custom package and agreement with Dataloy Systems. 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. Temporary cache lifecycle must not surpass 21 days.

3. Restrictions on the Types of Applications.

You are allowed to use the Distances API with and without showing a map. You can develop any kind of 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:

  • disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
  • 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;
  • create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;
  • export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of Norway and its agencies or authorities, or without all required approvals, licenses, or exemptions;
  • interfere, disrupt, or attempt to gain unauthorized access to other accounts or any other computer network; or
  • disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program; or
  • engage in any other activity deemed by Dataloy Systems to be in conflict with the spirit or intent of these Terms; or
  • operate dangerous businesses such as emergency services, where the use or failure of the Services could lead to death, personal injury or significant property damage.

5. Limits.

If your application which is using the Distances API generates a high volume of transactions, Dataloy Systems reserves the right to set transaction limits, as described in the Documentation here. Dataloy Systems 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 Dataloy Systems for information on custom packages to address your needs.

6. Your Implementation.

  • you may not allow your end-users or other third parties to use the Distances API in any way that would be a violation of these Terms if done by you, and you agree to make reasonable efforts to prevent such use. You agree to promptly notify Dataloy Systems in writing if you become aware of any misappropriation or unauthorised use of the Distances API.
  • protect the privacy and legal rights of those users.

 

These Terms shall benefit Dataloy Systems 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 Dataloy Systems 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.

Charges & Payment

Some of the Services require payment of fees. Dataloy Systems is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Dataloy Systems. 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.

Modifying and Terminating our Services

Dataloy Systems 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, Dataloy Systems will show consideration of the legitimate interests of the Subscriber.

Warranty

(1) If the services provided by Dataloy Systems are inadequate because their viability for contractual use is not insignificantly impaired, Dataloy Systems is liable according to the legal requirements for material and legal defects.

(2) The Subscriber is obligated to report defects to Dataloy Systems 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.

Liability, limits of liability

The parties shall assume mutual liability in cases of intent or gross negligence for all damages caused by them as well as their legal representatives or proxies. 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. Dataloy’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.

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), Dataloy 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 Dataloy. Online manual Dataloy makes an online manual for the use of the services available. Dataloy decides at his own discretion whether changes to the Services necessitate an addition or revision to the online manual. Use of brand names, names and logos Dataloy shall not refer to Subscriber or its Affiliates directly or indirectly to any advertisement, news release, or publication without prior written approval from Subscriber and subject to compliance with Subscriber’s trademark usage policy.

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 Dataloy’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 Dataloy 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, Dataloy is entitled to claim damages.

Contract Terms

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, Dataloy can terminate the contract without notice, if the Subscriber is behind on the payment for two consecutive months, 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.

Changes to the contract terms

Unless other specific provisions have already been made, Dataloy retains the right to change or amend these contractual terms as follows. Dataloy 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. Dataloy shall, as part of his notification of changes and amendments, indicate particularly the intended significance of his actions.

Final provision

The laws of Norway, 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 Norway, and you and Dataloy consent to personal jurisdiction in those courts. Headings are for convenience only and have no legal or contractual effect. You can contact Dataloy via our contact page.

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