updated on 29 January 2018
1. Contractual terms and conditions
1.1 Omniscale GmbH & Co. KG – hereinafter the “Provider” – provides the map hosting services on maps.omniscale.com exclusively based on these Terms and Conditions.
1.2 Section I (General Provisions) contains terms and conditions which apply to all services offered. In Sections II (Volume-based Plans) and III (Plans for Desktop-Use with Unlimited Access) you will find terms and conditions which apply additionally to the individual service.
1.3 Different purchase conditions or other conditions of the contracting party – hereinafter the “Customer” – are hereby expressly rejected.
2. Creation of the contract
2.1 The contract between the Provider and the Customer is concluded upon logging in on the Provider’s website. There is no entitlement to log in.
2.2 The Provider’s offers are at all times subject to confirmation and are and non-binding.
2.3 The Customer may order additional free and chargeable services (plans). The Customer can choose here between different payment periods. Booked services will be renewed automatically up until termination following the expiry of the payment period for the selected payment period.
3.Termination
3.1. No minimum contractual period shall be agreed.
3.2 Unless otherwise provided in the contract between the parties, the booked services can be terminated after the expiry of any agreed minimum period subject to giving one day’s notice as at the end of the payment period. For special offers and promotions – in particular offers with different payment periods – there may be different termination notice periods provided they are indicated on the internet site or in the offer.
3.3 The right to extraordinary termination for good cause shall remain unaffected.
3.4 Booked services may be terminated online on the site of the Provider or in writing. The contractual relationship may be terminated by cancelling the user account on the site of the Provider or by termination in writing.
4. Scope of services and duties of the Provider
4.1 The Provider shall provide the Customer with the possibility of accessing mapping services via various interfaces using telecommunication media. Details and the extent of the services are listed in Section II and III, as well as in the relevant product description.
4.2 The Provider provides no warranty that the mapping data used is complete, up to date, accurate or correct.
4.3 To the extent that the Provider provides additional services at no charge outside of the contractual agreement, these may be discontinued at any time. The Customer shall have no resulting right to a reduced price or damages claim or any termination right.
4.4 The Provider is authorised to change, reduce or supplement the range of services arising from the contract and to cancel access to individual services if and to the extent that fulfilment of the purpose of the contract concluded with the Customer is not impaired or not appreciably impaired as a result.
4.5 The customers must be informed in good time of any changes pursuant to Point 4.4.
5. Duties and obligations of the Customer
5.1 The Customer is obligated to adhere to the licence terms and conditions of the cartography offered. The licence terms are listed in Section II and III.
5.2 The Customer is obligated to use the services of the Provider properly. In particular it is obligated,
In particular the Customer is prohibited from
this applies in particular to content which glorifies violence or content which is directed against the free democratic constitution or the concept of international understanding, such as national-socialist or terrorist content, and for means of propaganda and to identify unconstitutional parties, associations or their alternative organisations;
If there is an infringement of the contract (in particular the aforementioned points) the Customer shall reimburse the Provider for any expense it has incurred in terms of equipment and personnel as well as any resulting outlays.
5.3 If the Customer breaches the duties specified in subsection 5.2.b) and 5.2.c) the Provider is entitled immediately, and in the other cases with the exception of subsection 5.2.g) following an unsuccessful formal reminder, to terminate the contractual relationship without giving notice thereof.
5.4 Details of the collaboration of the users inter se may be agreed through user rules on a partnership basis.
5.5 In the cases in subsection 5.2.c) the Provider shall be authorised not only to terminate the contract immediately where a breach by the Customer of the type listed there becomes known but also to block access with immediate effect to the services arising under the scope of service.
6. Use by third parties
6.1 The direct or indirect use of the Provider’s services by third parties is governed by Sections II and III. To the extent permitted the Customer must duly instruct third parties on the use of the services. The Customer shall be responsible to the Provider for compliance with the contractual provisions by the third party in the same way as he himself would have to be responsible for their compliance.
6.2 The Customer must also pay the fees which have arisen as part of the access and use possibilities by third parties that are provided to him. The same shall apply in the case of unauthorised use of the services by third parties unless the Customer proves that the unauthorised use has occurred as a result of circumvention or cancellation of the security systems of the Provider through no fault of his own.
7. Payment terms and conditions
7.1 Unless otherwise contractually agreed, the Provider shall invoice the Customer for the agreed services at the rates or charges and on the terms applicable at the particular time and on the conditions plus the relevant valid statutory VAT. Fixed fees shall be invoiced in advance, and consumption-based fees in each case at the start of the following invoice period. The fees accruing in each case shall be due and immediately payable in full upon invoicing. The invoice amount must be credited to the Provider’s account within 14 days of receipt of the invoice.
7.2 If the fee is payable for parts of a calendar month regardless of consumption, this shall be charged for each day at 1/30 of the monthly fee.
8. Right of offset, right of retention and disruption of service
8.1 The Customer may only offset claims of the Provider with claims that are undisputed or are res judicata. The Customer has the right to assert a right of retention only for counterclaims which result from the same contractual relationship as those claims in respect of which the right of retention is invoked.
8.2 Damages claims based on disruptions to goods and services delivered shall be excluded to the extent that they are not caused by the Provider based on wilful intent or gross negligence.
8.3 If the Provider falls short of the availability of its services of 99.5% on average during the year, the Customer shall be authorised to reduce the monthly fees and charges accordingly from the time the impediment begins until it disappears. A significant impediment exists if
8.4 There can be no price reduction if services are lost due to a disruption that is outside the Provider’s sphere of responsibility. The same shall apply to the loss of services due to necessary work interruptions in accordance with Point 10 of the Terms and Conditions.
9. Payment default
9.1 In the case of payment default the Provider shall be authorised to demand late interest of 8 % above the relevant statutory base interest rate p.a. If the Provider is able to prove a higher default loss or damage the latter shall be authorised to assert that loss/damage. The Customer is entitled to prove to the Provider that no loss or damage or one that is significantly smaller has arisen as a consequence of the delay in payment.
9.2 The Provider may terminate the contractual relationship on extraordinary grounds without complying with a notice period or assert a right of retention in the services it is obligated to provide – in particular the access to the services – if the latter is in default for more than one month with all or part of the payment of the amounts owed, the Provider has formally reminded the Customer and set a deadline and has indicated the potential consequences of the termination and the right of retention.
9.3 The Provider shall still have the option of asserting additional legal claims.
10. Availability of the services
10.1 The Provider offers its services 24/7. Necessary operational stoppages for preventive maintenance work shall be announced as early as possible. The Provider shall remedy problems in its technical systems within the scope of the existing technical and operational possibilities as quickly as possible and at a time that is suitable for the Customer, for example outside usual business hours.
11. Data protection
11.1 The Customer is hereby informed pursuant to the GDPR that the Provider processes personal data automatically in machine-readable form and for tasks which arise under the contract. Information can be found in the latest Privacy Policy.
11.2 To the extent that the Provider uses third parties to provide the services offered, the Provider is authorised to disclose the participant data in accordance with the GDPR. In addition, the Provider shall also be authorized to do so in cases in which the identification, restriction and remediation of problems and defects in the systems of the Provider and in the systems of third parties which are used make the transmission of data necessary.
11.3 The Provider declares that its employees who work under this contract have been made subject to data secrecy pursuant to the GDPR and the Provider has taken the necessary technical and organisational steps according to the GDPR to guarantee implementation of the provisions of GDPR.
12. Liability and limitations on liability
12.1 The Provider shall be liable in cases of wilful intent or gross negligence in accordance with the statutory provisions. Liability for warranties shall be on a no fault basis. For slight negligence the Provider shall be liable exclusively in accordance with the provisions of the Product Liability Act, for death, physical injury or impairment to health or for breach of material contractual duties. Entitlement to damages for slightly negligent breach of material contractual duties is, however, limited to the foreseeable loss or damage that is typical for contracts to the extent that there is no liability for death, physical injury or impairment to health. The Provider shall be liable for the fault of vicarious agents and representatives to the same extent.
12.2 The rule in the above subsection (12.1) extends to damages in addition to performance, damages in lieu of performance and reimbursement of needless expenses, regardless of the legal grounds therefor, including liability for defects, delay or impossibility of performance.
13. Final provisions
13.1 The place of performance for all contractual services shall be the registered office of the Provider in Oldenburg (Oldb) in the Federal Republic of Germany.
13.2 Contracts which are concluded pursuant to these Terms and Conditions shall be subject exclusively to German law. Provisions of the uniform International Sale of Goods Act (UN Sale of Goods Act) are excluded – to the extent permitted.
13.3 In relation to commercial customers, the registered office of the Provider shall have jurisdiction for all disputes arising from this contractual relationship. This shall also apply to public legal entities or public investment funds. The Provider shall, however, be authorised to sue at the registered office of the Customer.
1. Scope of service and duties of the Provider
1.1 The Provider provides maps via documented HTTP services which can be integrated by the Customer into desktop or web applications.
Maps may be downloaded as 256*256 pixel tiles or as individual image of whatever size the Customer chooses. The scope of the services is listed in the relevant product description.
1.2 Use of the maps
An active API key is required for each application.
Web applications require a public API key. The Customer needs to provide the URL of the web application for each API key. Requests with an API key for another URL are not permitted, to prevent the use of the Customers free quota by third parties.
Desktop and server applications require a private API key. The Customer needs to keep the private keys secured, to prevent the use of the Customers free quota by third parties.
1.3 Payment for the tiles
A monthly free quota of tile requests is available for each plan.
Requests for larger images shall be counted towards the quota as multiple tile requests, based on the size and a factor of 2 (Example: A request for 512*512 pixels has the size of 4 tiles and is accounted as 8 tiles against the quota).
1.4 Exceeding the free quota
Each calendar quarter the Provider shall allow the Customer a one-time overrun of the monthly free quota. The precondition for this is that
In the case of overruns exceeding that the Customer shall be informed by the Provider hereof. The Provider reserves the right where there is a noticeable overrun to limit access to the services. Further rights and duties (in particular from Section I, Point 5.) shall remain unaffected hereby.
2. Use by third parties
2.1 The services may only be integrated in applications of the Customer. Use by third parties is only permitted where these access the services via the web application of the Customer.
3. Duties and obligations of the Customer
3.1 Use in applications which keep data long-term in memory (e.g. for later use) is not permitted.
3.2 The maps shall be published by the Provider under the CC-BY 4.0 licence (http://creativecommons.org/licenses/by/4.0/). The OpenStreetMap data used shall be subject to the Open Data Commons Open Database License (ODbL). The Customer must indicate the following copyright notice in publications:
© Omniscale, 20XX (License CC-BY 4.0), map data: OpenStreetMap (License ODbL)
20XX is to be replaced by the year of the publication.
3.3 In addition to the standard map design, the Provider may offer other map designs that contain data from other vendors. These data may require different copyright notices. The deviating copyright notices are in these cases indicated in the documentation of the map designs and must be stated by the customer in publications.
1. Scope of service and duties of the Provider
1.1 The Provider provides maps via documented HTTP services which can be integrated by the customer into desktop applications. The scope of the services is listed in the relevant product description.
1.2 There is no charge for individual map requests. The counting of map requests takes place only for the examination of the duties and obligations of the Customer (in particular for Section I, Point 5.2 f).
2. Use by third parties
2.1 Each user of the services requires an individual API key which can be created by the Customer on the website of the Provider. Each API key requires the full name of the actual user. The number of active user API keys depends on the plan that is booked.
2.1 Disclosure of the API keys to third parties is not permitted.
3. Duties and obligations of the Customer
3.1 The Customer undertakes to use the services exclusively in desktop applications which enable online use of the mapping services. Use in applications which keep data long-term in memory (e.g. for later use) is not permitted.
3.2 The maps shall be published by the Provider under the CC-BY 4.0 licence (http://creativecommons.org/licenses/by/4.0/). The OpenStreetMap data used shall be subject to the Open Data Commons Open Database License (ODbL). The Customer must indicate the following copyright notice in publications:
© Omniscale, 20XX (License CC-BY 4.0), map data: OpenStreetMap (License ODbL)
20XX is to be replaced by the year of the publication.
3.3 In addition to the standard map design, the Provider may offer other map designs that contain data from other vendors. These data may require different copyright notices. The deviating copyright notices are in these cases indicated in the documentation of the map designs and must be stated by the customer in publications.