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Terms and conditions

Terms of Use of Mapy.cz REST API Service

1. Service Scope and Definitions

1.1. The operator of the Mapy.cz REST API service (hereinafter referred to as the “Service“) is the company Seznam.cz, a.s., with its registered office in Prague 5 – Smíchov, Radlická 3294/10, ZIP code: 150 00, ID number: 26168685, contact form available at: https://developer.mapy.cz/en, telephone available at: https://o.seznam.cz/kontakty/, registered in the Commercial Register kept by the Municipal Court in Prague, Section B, Insert 6493 (hereinafter referred to as the “Operator“).

These contractual terms govern the use of the Service, cooperation between the Operator and the Customer when using the Service, and related rights and obligations (hereinafter referred to as the “Terms“).

1.2. Service Scope:

The Service allows Customers to use the specified map functions on their own websites and within their own applications (websites and/or applications referred to as “Derived Applications”).

The Service provides the use of exclusively specified map functions described in the technical documentation available on the Service’s website at the internet address (URL): https://developer.mapy.cz/en/rest-api-mapy-cz/, where all technical details related to the Service are also provided.

The Service is intended only for Derived Applications in electronic form.

1.3. Definitions of Other Terms

Customer:

A Customer is a person who duly registers within the Service and uses it for the specified purpose and is listed in the Service interface as the “owner” of the Project (hereinafter referred to as the “Customer”).

During registration for the Service, the Customer is obliged to provide the data required by the Operator and express consent to these Terms, thus demonstrating the willingness to be bound by these Terms.

Interface:

An interface refers to the Service’s interface that allows the management of the Customer’s account on the Service, and the Customer logs in using the specified login credentials (hereinafter referred to as the “Interface”).

Project:

A Project refers to an application or a group of applications that are related in terms of substance or business or in any other way and are charged together (hereinafter referred to as the “Project”).

It is expressly excluded for related applications to be divided into multiple Projects according to these Terms or for cases where multiple Projects are established for a single application according to these Terms. The Customer must hold the rights to this application/group of applications and must have full control (i.e., all rights, including disposal permissions) over its source code. It is expressly stipulated that mass-distributed applications and solutions (whether distributed free of charge or for consideration, including sales, rentals, etc.) must be operated exclusively within one Project according to these Terms by the holder of the rights to this application (i.e., the entity with full control over its source code) and cannot transfer the establishment of Projects to another person, typically end-users (even if such applications are partially customized for end-users).

The Project must always have a defined Tariff according to these Terms.

Operator’s API Key (hereinafter referred to as “API key”):

An API key refers to a uniquely generated identifier within the Interface, which the Customer passes (uses) in API function calls. The API key identifies the Project to which the call belongs (i.e., to which it is charged). It is expressly stipulated that there may be multiple API keys within one Project.

Tariff:

The Tariff refers to the defined business model of cooperation according to these Terms (hereinafter referred to as the “Tariff”). The forms of Tariffs according to these Terms are: basic, discounted, and custom. Combinations of Tariffs are not possible.

Credits:

Credits refer to the designated units with which individual Service functions are evaluated (hereinafter referred to as “Credits”).

Credits come in two forms:

  • Free Credits, which are provided by the Operator free of charge. The price list for the respective Tariff specifies Free Credits.
  • Paid Credits, which are provided by the Operator for a fee, and the amount of the fee for paid Credits is specified in the price list available at: https://developer.mapy.cz/en/pricing/.

Paid Consumption:

Paid consumption refers to the use of Paid Credits by the Customer (hereinafter referred to as “Paid Consumption”), and the Customer is required to specify within the Service’s interface whether they will use Paid Consumption after depleting Free Credits.

Declaration of Honor:

Declaration of Honor refers to a specified document in electronic form that the Customer fills out in accordance with these Terms (hereinafter referred to as the “Declaration of Honor”). The Declaration of Honor is a prerequisite for using the discounted Tariff according to these Terms.

2. Service Usage Principle and Cooperation Models (Tariffs)

2.1. The Customer is obliged to define the Project, determine the Tariff, API key, and further decide whether to use only Free Credits or use Paid Consumption after depleting Free Credits, all under the conditions set out in these Terms. If Free Credits are depleted, and Paid Consumption is not activated, the Service will be suspended until the end of the respective calendar month.

2.2. The Customer uses the specified map functions of the Service through the Service’s interface, which are valued in a defined number of Credits (conversion table available at: https://developer.mapy.cz/en/pricing/, and the consumption of Credits is aggregated across all API keys of the Project.

2.3. Payments for using the Service are executed through the credit in the Customer’s account (as defined by the definition of credit in the service terms Klientská zóna and Peněženka, hereinafter referred to as “credit in Peněženka”) in the Seznam Peněženka system, and they are subject to the service terms Klientská zóna and Peněženka, available at: https://napoveda.seznam.cz/cz/smluvni-podminky/podminky-klientska-zona-penezenka.

2.4. Invoicing for the Service usage and deduction of credit in Peněženka for the Service for the settlement period, which is the previous calendar month, will take place on the first day of the following calendar month.

If payment cannot be executed due to insufficient or negative credit in Peněženka, the Service will be suspended until the credit status in Peněženka is sufficient to cover the specified payments.

2.5. The use of the Service is always carried out under one of the following defined business models of cooperation:

  • Basic Tariff;
  • Discounted Tariff;
  • Custom Tariff.

Current detailed tariff conditions are available at https://developer.mapy.cz/en/pricing/.

2.5.1. Basic Tariff

The basic usage of the Service is carried out through the basic Tariff, unless otherwise specified.

2.5.2. Discounted Tariff

Usage of the Service through the discounted Tariff is possible only under the following conditions:

  • The Customer explicitly requested the discounted Tariff through the Interface and properly filled out the Declaration of Honor for each calendar year of using the Service.
  • Derived Applications must be entirely free of charge (free) and publicly accessible throughout their use, i.e., end-users of Derived Applications must not be restricted in any way in accessing the full functionality of the entire Derived Application (e.g., paid access, closed communities by invitation, access via links sent by email, access by selected employees of the Customer, etc.). It must not involve cases where Derived Applications are operated within closed internal corporate networks, intranet, or behind a firewall.
  • Map data of the Service and/or other Service data must not be combined with other map data in the Derived Application.
  • The Project must continuously promote the Mapy.cz service and use logos and copyright notices as specified at https://developer.mapy.cz/en/rest-api-mapy-cz/atribution/.

If the use of the Service in the Derived Application no longer meets even one condition for the Discounted Tariff, it will be transferred to the Basic Tariff without prior notice and without compensation. The evaluation of meeting these conditions belongs exclusively to the Operator.

2.5.3. Custom Tariff

Usage of the Service through a Custom Tariff is possible only based on a special contractual agreement between the Operator and the Customer.

3. License Agreement

3.1. The Operator grants the Customer the authorization to use the Service or its content in Derived Applications solely through the functionalities of the Service specified at https://developer.mapy.cz/en/rest-api-mapy-cz/, provided by the Operator within the Service.

3.2. All copyright and other intellectual property rights to the Service, as well as to the source code of the Service, belong to the Operator or its suppliers. The Customer is obliged to duly mark the authorship and other intellectual property rights to the Service in accordance with these Terms, and is not entitled to prevent or modify the attribution of authorship and other intellectual property rights in cases where such marking is already part of the Service.

4. Terms of Use of the Service

4.1. The Customer is required to use the Service solely through the API key provided by the Operator for the Project (i.e., the use of third-party API keys is prohibited).

4.2. The Customer is obliged to secure their use of the Service against misuse. In the event of proving such misuse, the Customer is fully responsible as if the misuse were intentional, and is liable to the Operator for any damage caused by the breach of their duty to secure the Service against misuse.

4.3. The Customer is entitled to use all available features currently included in the Service. The Operator reserves the right to limit or terminate the operation of a specific version of the Service or certain features of the Service at any time and without prior notice to the Customer.

4.4. When using map tiles from the Service, the Customer must observe proper attribution as specified at https://developer.mapy.cz/en/rest-api-mapy-cz/atribution/.

4.5. The Customer must have legal rights to use all content of the Derived Application, including its code, beyond the use of the Service content (in particular, but not exclusively, displayed data and page, application, or other system code where the Service is integrated).

4.6. Prohibited Use of the Service

The Service or Derived Applications must not be used in the following cases:

4.6.1. The use must not be contrary to the laws of the Czech Republic or the laws of another country where the Service may be operated, nor must it be contrary to good morals.

4.6.2. The Customer must not perform or allow the following activities to be performed by third parties in connection with the use of the Service:

– storing or caching individual tiles or API function results;

– manually or automatically retrieving data from the Service (i.e., scraping), including indexing, sharing, pre-caching, storing, or exporting. The prohibition in this paragraph also applies to any data provided as outputs from the Service or through the Service;

– creating derivative content, particularly through digitization, for use in creating a 3D model, etc.;

– modifying, storing, reproducing, creating derivative mapping works, or using in other ways not allowed by the Service’s functionality documentation.

4.6.3. The Customer must not display content in Derived Applications that does not originate from the Service in a way that could suggest that it is sponsored, owned, or offered by the Operator.

4.6.4. Derived Applications must not contain computer viruses, worms, trojan horses, spyware, or other harmful programs and codes.

4.6.5. The Customer must not insert advertisements directly into the content of the Service. However, displaying advertisements within the Customer’s own content in Derived Applications, other than integration into the natural content of the Service, is allowed.

4.6.6. The Customer is not allowed to:

– copy, distribute, decompile, translate, disassemble, or otherwise attempt to obtain the source code or source data of the Service or any related data;

– grant any third parties permission to use the Service, in particular, granting sublicenses, transferring rights to use the Service, or otherwise distributing the Service or any permissions related to it;

– sell, transfer, or otherwise commercially provide access to the Service to third parties;

– access the Service or use it in a way that bypasses the Customer’s obligation to pay the Operator for the use of the Service or in a way that would unlawfully reduce the amount of the payment.

4.6.7. The Customer must not modify, move, or delete the wording and visibility of the trademarks and other designations of the Operator and must preserve them in accordance with the original implementation of the Operator’s Service.

5. Operator’s Reservations

5.1. The Operator of the Service does not guarantee the functionality, availability, or quality of the Service or its content. The Operator does not provide support (technical, informational, or otherwise) for Derived Applications. The Operator does not provide technical support for the Service. Essential support for the Service is provided exclusively to the extent of the services listed at https://developer.mapy.cz/en/home-en/.

5.2. The Operator reserves the right to change the scope of functionalities and content of the Service at any time (e.g., map data may be provided through the Service in a limited extent compared to map data available through the Mapy.cz service operated by the Operator, functionalities or parts of the Service may be added or removed, etc.). The use of certain functionalities or parts of the Service may be subject to the Customer’s and/or specific terms and conditions.

5.3. The Operator reserves the right to incorporate advertisements into the Service at any time.

5.4. The Operator is entitled to use the name of the Derived application and/or the logo of the Derived application, and/or the Customer for its references.

5.5. The Customer is obliged to inform the Operator of the Derived applications in which the Service is used upon the Operator’s request. If the Customer fails to fulfill this obligation as stated in the previous sentence, the Operator is entitled to immediately terminate the use of the Service without compensation.

5.6. The Operator reserves the right to monitor and log the Customer’s activities when using the Service.

5.7. The Operator reserves the right to send notification alerts within the Service.

5.8. The Operator reserves the right to limit or terminate the operation of the Service or its specific version or features at any time, even without prior notice to the Customer. The Operator will inform the Customer about the termination of support for the Service or its version through the Service’s website available at URL: https://developer.mapy.cz

5.9. The Operator reserves the right to limit the use of the Service to any Customer at its discretion without the obligation to provide a reason.

5.10. Furthermore, the Operator reserves the right to deny the use of the Service to individual Customers entirely or terminate their use of the Service in cases specified by these Terms and Conditions.

6. Operator’s Liability Exclusion

6.1. The Operator is not liable and is not obliged to compensate non-property or property damage, including lost profits, incurred by Customers, especially in relation to:

  • the use of the Service in all its forms of use,
  • the use of the Derived application in all its forms of use,
  • the operation of the Service, including administrative and technical activities related to the operation of the Service,
  • the functionality of the Service itself, including the availability of the Service,
  • the content of the Service, including the timeliness and accuracy of map data or other data related to the Service.

7. Personal Data

7.1. The Operator processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, GDPR), Act No. 110/2019 Coll., on the processing of personal data, Act No. 111/2019 Coll., which amends certain laws in connection with the adoption of the Act on the processing of personal data, Act No. 480/2004 Coll., on certain information society services, Act No. 127/2005 Coll., on electronic communications, and other legal regulations governing the protection of personal data.

7.2. For the purpose of using the Service by the Customer, the Operator is authorized to process the Customer’s personal data or personal data provided or entered by the Customer when using the Service (especially addressing and descriptive data). Such processing of personal data is lawful as it is necessary for the fulfillment of these Terms and Conditions, based on which the Customer, as a subject of personal data, uses the Service.

7.3. In specific cases, the Operator may process personal data beyond the scope stated above, if such processing is necessary for the legitimate interests of the Operator or third parties, always in accordance with legal requirements for the processing of personal data.

7.4. For the purposes of using the Service, the Customer, according to Act No. 480/2004 Coll., on certain information society services, grants consent to the Operator to send commercial communications with information about the services and products of the Operator to the Customer’s provided email address.

7.5. If the Customer has provided or provides the Operator with personal data of other individuals, the Customer is obliged to inform these individuals about the processing of their personal data and the sending of commercial communications by the Operator, to the extent specified herein, and thus ensure the legality of the processing of personal data. Otherwise, the Customer shall be liable to the Operator for any damages caused.

7.6. More detailed information regarding the handling of personal data is provided on the Operator’s website, in the relevant section.

8. Final Provisions, Termination of Contractual Relationship, Service Access Restrictions

8.1. Termination of the contractual relationship under these Terms and Conditions is possible:

For the avoidance of doubt, the Customer is expressly entitled to cease using the Service (i.e., not use it) at any time, without prejudice to the Customer’s obligations regarding Paid Consumption, if the Customer has used Paid Consumption.

8.2. The Operator is entitled to temporarily or permanently restrict the Customer’s access to the use of the Service without prior notice under the following conditions:

– The Customer directly or indirectly violates these Terms and Conditions, legal regulations, good morals, or the rights of third parties through the Customer’s actions or the Derived application;

– The Operator is required to do so based on legal regulations;

– In response to a request from state authorities;

– In case of a security threat or during the resolution of such a threat;

– In case of a security breach (including virus spread, etc.), disruption of the stability of the Service system, or the interests of the Operator.

8.3. Matters not governed by these Terms and Conditions are further governed by selected parts of the contractual terms, Client Zone, and Wallet, and the legal regulations of the Czech Republic, in particular Act No. 89/2012 Coll., Civil Code. In the event of a conflict of wordings between the contractual terms, these Terms and Conditions shall prevail.

8.4. In cases where the Customer is a consumer in relation to the Operator and a consumer dispute arises that cannot be resolved by mutual agreement, the Customer, as a consumer, may submit a proposal for out-of-court settlement of the consumer dispute to the Czech Trade Inspection (Central Inspectorate – ADR Department, with its registered office at Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz, website: adr.coi.cz).

8.5. With regard to the digital content of the Service, if the content of the Service is provided (or if its provision has begun), the Customer, as a consumer, does not have the right to withdraw from the contract concluded by remote means within 14 days.

8.6. The Operator reserves the right to unilaterally change these Terms and Conditions to a reasonable extent, particularly in the event of changes in legislation, technical changes to the Service or services related to the Service, or changes in the operational, organizational, or business processes of the Operator. The Operator will notify the Customer of the change via the Customer’s provided email address at least 15 days before the effective date of such change. The Customer has the right to reject the change in the Terms and Conditions and consequently terminate the use of the Service. If the Customer continues to use the Service after the effective date of the change in the Terms and Conditions, it shall be deemed that the Customer accepts the change in the Terms and Conditions.

These Terms and Conditions are effective from 10.07.2023.