Effective date: 2026-05-18
This English version is provided for convenience and information purposes only. The legally binding version of these Terms and Conditions is the German version. In the event of any discrepancy, ambiguity or conflict between this English translation and the German version, the German version shall prevail.
1.1 These Terms and Conditions (“Terms”) apply to the use of the map, hosting, API and related online services offered at maps.omniscale.com (“Service”) by Omniscale GmbH & Co. KG (“Omniscale”).
1.2 These Terms apply exclusively to business customers within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Contracts with consumers are excluded.
1.3 Any deviating, conflicting or supplementary terms and conditions of the Customer shall become part of the contract only if Omniscale has expressly agreed to their application. This also applies where Omniscale provides services without reservation despite being aware of such terms.
1.4 Individual agreements, in particular offers, service descriptions, order confirmations, service level agreements and data processing agreements, take precedence over these Terms. In the event of contradictions, the following order of priority applies: individual agreements, subscribed Plan or offer, Service Description, these Terms.
2.1 The Customer may create a Customer Account. The Customer Account enables the Customer to manage its use of the Service. Upon completion of the registration process, a user agreement for the Customer Account is concluded.
2.2 A contract for paid services is concluded when the Customer subscribes to a paid Plan, accepts an individual offer or Omniscale confirms an order placed by the Customer.
2.3 The specific scope of services is determined by the individual agreements, the subscribed Plan or offer, the Service Description and these Terms. The order of priority set out in Section 1.4 applies.
2.4 The Customer must provide accurate and complete information when registering and placing orders, and must update such information without undue delay if it changes.
2.5 Access credentials for the Customer Account must be treated as confidential and protected against access by unauthorised third parties. The Customer shall notify Omniscale without undue delay if there are indications of unauthorised use.
3.1 Omniscale provides the Customer with the Service for integrating and using maps, geodata, map services, tiles, APIs or comparable functions in accordance with the subscribed scope of services.
3.2 Omniscale is responsible for providing the Service within the agreed scope, but does not owe any specific commercial success for the Customer.
3.3 Maps, geodata, map styles and other content may originate from third parties, in particular from OpenStreetMap or other public, commercial or governmental data sources. Unless expressly agreed otherwise, Omniscale does not warrant that such data is complete, accurate, up to date or suitable for a particular purpose. In particular, unless expressly agreed otherwise, the Service is not intended for safety-critical applications, navigation, operational or rescue planning, or legally binding information.
3.4 Omniscale may provide free services as well as trial, preview or beta services. Unless otherwise agreed, such services may be changed or discontinued at any time. To the extent permitted by law, free services and trial, preview or beta services are provided without any specific availability, quality or support commitment.
3.5 Omniscale provides support through the contact channels specified on the website or in the Customer Account. Specific response times or service levels apply only if expressly agreed.
4.1 The Customer may use the Service within the scope of the subscribed Plan for its own applications, websites, services, internal systems or customer projects.
4.2 The Customer is responsible for the lawful use of the Service by itself, its employees, agents, end users and other users of its applications. The Customer shall take appropriate measures to prevent misuse through its access credentials, API keys and other access keys.
4.3 The Customer must not misuse the Service. In particular, the following is prohibited:
4.4 Browser, proxy and HTTP caching is permitted within the limits of the cache headers set by Omniscale and the technical documentation. Any further permanent storage, offline use or pre-generation of map content is permitted only with Omniscale’s express consent.
4.5 Access credentials, API keys and other access keys may be used only for their intended purpose and within the intended scope. Private keys must be treated as confidential. Public keys may be used only where their use is provided for in the documentation.
4.6 The Customer is responsible for all access made using its access credentials, API keys and other access keys, to the extent the Customer is responsible for the misuse.
5.1 The Service may provide maps, geodata, map styles and other content that are subject to copyright, licence or attribution notice requirements.
5.2 The Customer must display the copyright, licence and attribution notices required for the specific maps, geodata, map styles and other content used in each case in a visible, legible, permanent manner and in the form prescribed by the applicable licence or documentation. The relevant notices are determined by individual agreements, the applicable licence terms or the documentation.
5.3 Notices provided by Omniscale may be removed, modified or replaced only if the required notices continue to be displayed in an equivalent manner that complies with the applicable licence.
6.1 The Customer shall indemnify Omniscale against third-party claims based on the Customer, its employees, agents, end users or other users of its applications using the Service in breach of contract or unlawfully, or based on required copyright, licence or attribution notices not being properly displayed. The indemnity also includes reasonable legal defence costs. The obligation to indemnify does not apply to the extent the Customer is not responsible for the breach of duty.
6.2 Omniscale shall notify the Customer without undue delay of any claims asserted and shall enable the Customer to provide reasonable assistance in the defence against such claims.
7.1 The usage limits set out in the individual agreements, the subscribed Plan or offer, the Service Description and the documentation apply, including any tolerances, free quotas or excess usage rules specified there. These may include, in particular, requests, data volume, concurrent access, types of use, domains, applications or technical parameters.
7.2 If usage limits are exceeded, Omniscale may inform the Customer and point out a suitable change of Plan. Excess usage will be charged separately only if this has been agreed or if the Customer consents to the excess usage.
7.3 Omniscale may throttle, restrict or temporarily suspend the Service in whole or in part if:
7.4 Omniscale shall inform the Customer before taking such measure where this is reasonable. In urgent cases, Omniscale may act without prior notice and inform the Customer afterwards.
7.5 Omniscale’s rights to terminate and to assert statutory claims remain unaffected.
8.1 The prices stated at the time of subscription or the prices agreed in the individual offer apply. Unless stated otherwise, prices are net prices and are subject to statutory VAT.
8.2 Paid Plans are billed in advance for the selected billing period unless otherwise agreed. Usage-based fees may be billed afterwards if provided for in the subscribed Plan, offer or another agreement.
8.3 Invoices are due for payment net without deduction within 14 days after receipt of the invoice, unless a different payment term is stated on the invoice or in the offer. Where automatic payment has been agreed, Omniscale may collect the amount due on the due date using the payment method on file.
8.4 The Customer is in default in accordance with the statutory provisions. For payment claims against business customers, default interest is nine percentage points above the base interest rate. Omniscale reserves the right to claim further damages caused by late payment.
8.5 The Customer may set off only claims that are undisputed, have been finally determined by a court or have been acknowledged by Omniscale. The Customer may exercise rights of retention only to the extent they arise from the same contractual relationship.
9.1 Paid Plans run for the selected billing period.
9.2 Paid Plans renew automatically for the same billing period unless otherwise agreed. The Customer may terminate the Plan with effect as of the end of the current billing period no later than one day before that billing period expires.
9.3 Termination may be made in the Customer Account or in text form. The Plan remains usable until the end of the current billing period.
9.4 The right of both parties to terminate for good cause (aus wichtigem Grund) remains unaffected. For Omniscale, good cause exists in particular if the Customer materially misuses the Service, repeatedly or seriously breaches these Terms, or, despite a reminder, is in default with due payments to a material extent.
9.5 Upon termination of a paid Plan, the Customer’s right to use the relevant paid services ends. The Customer Account remains unaffected unless the Customer deletes it or Omniscale terminates it in accordance with these Terms.
9.6 The Customer may delete the Customer Account at any time or terminate it in text form. Omniscale may terminate free Customer Accounts with reasonable notice, in particular if they have not been used for a longer period. The right to terminate for good cause remains unaffected.
9.7 Where required by law, Omniscale shall support the Customer in switching to another provider or to the Customer’s own infrastructure in accordance with the applicable statutory provisions. To the extent the Service does not permanently store content, geodata or other Customer data provided by the Customer, switching assistance is limited to providing the information required by law and taking reasonable technical measures.
10.1 Omniscale aims to provide availability of 99.5% as an annual average. This does not constitute a binding minimum availability. Binding service levels, response times or credits apply only if expressly agreed.
10.2 The following, in particular, do not count as downtime:
10.3 Omniscale will, where possible, announce planned maintenance in good time and carry it out in a way that keeps impairments to a minimum.
10.4 The Customer shall notify Omniscale without undue delay of any identifiable disruptions, defects or other service problems and shall provide reasonable support to Omniscale in isolating them. The Customer shall give Omniscale a reasonable opportunity to investigate and remedy the issue and shall take reasonable measures to avoid and mitigate damage.
11.1 Neither party is liable for delays, service outages or other service disruptions to the extent and for as long as they are caused by circumstances outside that party’s reasonable control and cannot be prevented or overcome even by reasonable measures (“force majeure”).
11.2 Force majeure includes, in particular, natural events, war, terrorist attacks, civil unrest, labour disputes, pandemics, epidemics, official or statutory measures, failures or disruptions of energy supply, telecommunications networks, internet infrastructure, data centres, data sources or essential third-party providers, provided the affected party is not responsible for those circumstances.
11.3 The affected party shall inform the other party without undue delay of the occurrence of the event and, where foreseeable, its expected duration and effects. It shall take reasonable measures to minimise the effects on performance of the contract.
11.4 The affected party’s performance obligations are suspended for the duration and to the extent of the effects of the event. Contractual deadlines are extended appropriately. Payment obligations for services already provided remain unaffected.
11.5 If a force majeure event lasts longer than 60 days and continued performance of the affected contract or Plan becomes unreasonable for either party, either party may terminate the affected contract or Plan for good cause with reasonable notice.
12.1 Omniscale may further develop the Service and modify, supplement or replace functions, provided this is reasonable for the Customer and does not materially impair the agreed core service.
12.2 Omniscale shall inform the Customer of material changes to paid services at least 30 days before the change begins, where technically and factually possible. If a change materially impairs the use of a paid Plan, the Customer may terminate the affected Plan as of the time the change takes effect.
12.3 Omniscale may change the prices for paid Plans with effect from the beginning of the next renewal period. Omniscale shall inform the Customer of the price change in text form at least 30 days before it takes effect.
12.4 In the event of a price increase, the Customer may terminate the affected Plan for good cause with effect as of the end of the current billing period until the price change takes effect. If the Customer does not terminate in due time, the changed price applies from the next renewal period. Omniscale shall specifically draw the Customer’s attention to this in the change notice.
12.5 Section 3.4 also applies to free services and to trial, preview and beta services.
13.1 Information on Omniscale’s processing of personal data is available in the privacy policy at https://maps.omniscale.com/de/p/privacy.
14.1 Omniscale has unlimited liability for intent and gross negligence, for injury to life, body or health, and in cases of mandatory statutory liability.
14.2 In the event of a slightly negligent breach of material obligations under this Agreement, Omniscale is liable only for typical, foreseeable damage. Material obligations under this Agreement are obligations whose fulfilment is essential for the proper performance of the Agreement and on whose compliance the Customer may regularly rely.
14.3 Within the scope of Section 14.2, Omniscale is in particular not liable for atypical consequential damage arising from the Customer’s special purposes of use that was not foreseeable when the contract was concluded, or for contractual penalties or other special liability undertakings made by the Customer to third parties, unless Omniscale has expressly assumed those risks.
14.4 Liability under Section 14.2 is limited in amount to twice the fees paid by the Customer in the twelve months preceding the occurrence of the damage.
14.5 Any further liability is excluded to the extent permitted by law.
14.6 The statutory rules on contributory negligence remain unaffected.
14.7 To the extent permitted by law, liability for data loss is limited to the effort that would have been required to restore the data if the Customer had performed proper and regular data backups.
14.8 The above liability provisions also apply in favour of Omniscale’s legal representatives, employees and agents, subcontractors, employees, representatives, or other persons used to perform its obligations.
15.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
15.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with this contract is Oldenburg, Germany. Omniscale is also entitled to bring claims against the Customer at the Customer’s general place of jurisdiction.
15.3 The contractual language is German. Where translations are provided, the German version prevails in case of doubt.
15.4 Legally relevant notices may be given in text form unless a stricter form is required by law.
15.5 If individual provisions of these Terms are or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions apply in place of the invalid provision.