Terms of Service.

§ 01Parties and scope

These Terms of Service (“Terms”) are an agreement between you, the business that uses the API Services (“Customer”, “you”), and Toursprung GmbH (“Maptoolkit”, “we”), Mariahilfer Straße 93/20, 1060 Vienna, Austria, FN 432876h, Commercial Court Vienna.

They apply to all API Services we provide under a paid plan, whether you sign up online or sign an individual contract with us (“Enterprise contract”). An Enterprise contract may change or exclude individual provisions of these Terms; where it does, the Enterprise contract prevails.

The following documents form part of these Terms:

• our Data Processing Agreement (“DPA”), whenever we process personal data on your behalf;
• our Service Level Agreement (“SLA”), for Enterprise customers;
• the plan, prices and limits you chose online or agreed in your Enterprise contract.

Our free community service at maptoolkit.org has its own terms. Your own terms and conditions do not apply, even if we do not object to them.

§ 02Definitions

• API Services – our APIs and related resources: map styles, vector and raster tiles, static maps, routing, geocoding, elevation, weather, data enhancement, Maptoolkit Connectors, and the SDKs and documentation we provide for them.
• Application – your website, app or system that uses the API Services.
• End User – anyone who uses your Application.
• API Key – the key that identifies your account in each request.
• Request – a single call to the API Services, as counted in the admin backend.
• Customer Data – data you upload to the API Services, such as POIs and tours.

§ 03Business customers only

The API Services are offered exclusively to businesses, public bodies and other professional users for purposes related to their trade, business or profession. They are not offered to consumers. By accepting these Terms you confirm that you are not a consumer and that you are authorised to bind the organisation you represent.

§ 04Your account

You manage your account, API Keys and usage at admin.maptoolkit.net. Keep your login details and API Keys confidential; you are responsible for all Requests made with your API Keys. Restrict your keys (for example to your domains or apps) where your Application allows it. Tell us without undue delay at security@maptoolkit.com if you suspect misuse.

§ 05Licence

We grant you, for the term of your plan, a non-exclusive, non-transferable licence to use the API Services in your Applications and to display their results to your End Users, within the limits of your plan and these Terms. You may call the API Services from your servers as well as from your End Users’ devices. You may cache responses as permitted by the HTTP cache headers we send.

§ 06Acceptable use

You must not:

• resell, sublicense or provide the API Services to third parties as a stand-alone service, unless your Enterprise contract allows it;
• scrape, bulk-download or systematically copy tiles, data or responses, store them for offline use, or use them to build a competing service or dataset, unless your Enterprise contract allows it;
• use the API Services or their results to train, fine-tune or evaluate machine-learning or AI models;
• remove or obscure attributions (§ 08);
• circumvent rate limits, quotas or access restrictions, or share API Keys with third parties;
• probe, test or attack the security of the API Services without our written permission (report issues to security@maptoolkit.com);
• use the API Services for unlawful content or purposes.

§ 07Limits and fair use

Your plan defines your Request volume and rate limits, as shown on our pricing page or agreed in your Enterprise contract. If you exceed them, we may throttle Requests or charge for the extra usage at the prices of your plan. If your usage endangers the stability of the API Services for other customers, we may limit it temporarily and will tell you without undue delay.

§ 08Attribution

Wherever you display maps from the API Services, keep the attribution our map styles show by default – the Maptoolkit logo and “© Maptoolkit © OpenStreetMap contributors” – visible and legible, plus any further attribution required by the data sources you use (see our documentation).

§ 09OpenStreetMap and third-party data

Most map data comes from OpenStreetMap, licensed under the Open Database License (ODbL). Map images and tiles are a Produced Work under the ODbL. Other data sources, such as elevation or weather data, are subject to their own licences, listed in our documentation. You must comply with these licences when you use their data.

§ 10Intellectual property

The API Services, our map styles, schemas, sprites, glyphs, software, documentation and trademarks remain the property of Toursprung GmbH or our licensors. These Terms do not grant you any rights beyond § 05.

You keep all rights to your Customer Data. You grant us the right to use it only to provide the API Services to you.

§ 11Fees and payment

Fees are set out in your plan or Enterprise contract. All prices are in euros and exclude VAT.

• Online plans: payable in advance by card or other digital payment methods offered at checkout.
• Enterprise contracts: invoiced as agreed in the contract.

We may change the prices of online plans with 30 days’ notice by email; the change applies from your next billing period. If you do not agree, you may cancel before the change takes effect.

If a payment is overdue, we may suspend the API Services after reminding you and giving you at least 30 days to pay.

§ 12Data protection

We process personal data as described in our Privacy Policy. Where we process your End Users’ data on your behalf, the DPA applies; it forms part of these Terms without a separate signature. You are the controller for your End Users’ data and responsible for your own privacy notice and any consents your Application needs.

§ 13What we do not do

We do not track or profile your End Users, sell or share data with advertisers or data brokers, or use any data from the API Services to train AI models. Our infrastructure stays in the EU. Details are in our Privacy Policy (§ 02).

§ 14Availability and support

Enterprise customers receive the availability, response and resolution times set out in the SLA. For online plans, we provide the API Services with reasonable care but without guaranteed availability, and support by email at buero@maptoolkit.com.

We may change or improve the API Services. We announce changes that remove or significantly restrict an API you use in good time in advance, unless they are required by law, security or our providers.

§ 15Warranty

We provide the API Services as documented. Map, routing and geocoding data come largely from open and third-party sources and can be incomplete, inaccurate or out of date. You must not rely on the API Services alone for emergency, medical, aviation, maritime or other safety-critical decisions.

If the API Services do not work as documented, tell us; we will fix the problem within a reasonable time. For Enterprise customers, the SLA and its service credits are the remedy for unavailability.

§ 16Liability

We are liable without limitation for intent, gross negligence and personal injury, and wherever liability cannot be limited by law.

Otherwise:

• we are not liable for indirect or consequential damages, lost profits, lost data that you could have restored from your own backups, or third-party claims;
• our total liability for all claims arising in any contract year is limited to the higher of (a) the fees you paid us in the 12 months before the first event giving rise to a claim in that year, or (b) EUR 500.

§ 17Your responsibility

You are responsible for your Application and its content, and for complying with these Terms and with applicable law. You indemnify us against third-party claims arising from your breach of these Terms or from your Application, including reasonable legal costs.

§ 18Term, suspension and termination

Online plans run monthly and you can cancel them at any time with effect from the end of the current billing month. Enterprise contracts run for the term agreed in the contract.

We may suspend access immediately if you seriously breach these Terms, if your use endangers the security or stability of the API Services, or if the law requires it. We will tell you why and restore access once the cause is resolved.

Either party may terminate for good cause without notice. After termination your API Keys stop working. Customer Data is returned and deleted as set out in the DPA (§ 10).

§ 19Changes to these Terms

We may update these Terms when our services, providers or the law change. We inform you by email at least 30 days before material changes take effect. If you do not agree, you may terminate before the change takes effect; otherwise the new Terms apply. Changes to the DPA and sub-processors follow the DPA.

§ 20Governing law and jurisdiction

These Terms are governed by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The courts of Vienna, Austria, have exclusive jurisdiction.

§ 21Miscellaneous

Neither party is liable for failure or delay in performance caused by circumstances beyond its reasonable control, such as natural disasters, war, terrorism, civil unrest, labour disputes, failures of public telecommunications networks or internet backbones, or large-scale cyber attacks (force majeure). This does not affect payment obligations. These Terms, together with the documents in § 01, are the entire agreement on their subject. If a provision is invalid, the rest remains in force. You may not assign this agreement without our consent; we may assign it to a successor in a merger or sale of our business. Notices are given by email to the addresses in your account and to the address below. If there is a translation, the English version prevails.

§ 22Contact

Toursprung GmbH · Mariahilfer Straße 93/20, 1060 Vienna, Austria
Email: buero@maptoolkit.com · Privacy: privacy@maptoolkit.com · Security: security@maptoolkit.com · Imprint