Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING AND/OR USING SERVICES FROM NEXTGIS. BY USING NEXTGIS SERVICES, USER SIGNIFIES ITS ASSENT TO AND ACCEPTANCE OF THESE TERMS AND ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THESE TERMS. IF USER DOES NOT ACCEPT THESE TERMS, THEN THEY MUST NOT USE NEXTGIS SERVICES. This Agreement incorporates the Privacy Policy available at https://nextgis.com/privacy, and User Agreements for the specific Services.

User Agreements for the specific Services:
User Agreement for NextGIS Subscriptions
User Agreement for Geodata Service
User Agreement for Professional Services

1. Definitions

1.1. NextGIS Services (the “Services”) – websites, software, web services, APIs, and related support services, maintained by Administrator, either available on the Effective Date of the present Terms or developed later.

1.2. Administrator – NextGIS OÜ, incorporated under the laws of Estonia and registered at: Nelgi 31-53, Tallinn 11213 Estonia.

1.3. User – an individual of 16 years old or older, who uses the Services in accordance with the present Terms. User acting on behalf of a legal entity confirms that he/she has the authority to enter into legally binding agreements on behalf of that entity. In that case the Terms bind both User and the entity represented by him.

1.4. Content – data, metadata, hyperlinks, texts, audio and video materials, scripts, web maps, sensor data, graphic objects (raster and vector images), including cartographic products, maps, plans, Earth remote sensing and aerial survey data, or any other information placed and stored in Services by Administrator (“Administrator’s Content”) or User (“User’s Content”).

2. Signing up and User account (NextGIS ID)

2.1. In order to use some Services and its Content, User needs to sign up for a user account (NextGIS ID) first.

2.2. Signing up is strictly voluntary. By signing up for a user account, User confirms that he is at least 16 years old and has the necessary authority in case of using the Services on behalf of an entity.

2.3. In order to sign up for a user account, User provides to Administrator necessary, correct and up-to-date personal information, including email address (it must be unique for each User), login and password. Signup form can request User for additional information, including his/her first and last name, phone number and other information which User may provide at his/her discretion. User may enter the requested information manually or by providing Administrator with access to his/her user accounts in other online services. It is expressly forbidden to provide incorrect personal information or sign up as another person (create “fake account”).

2.4. In some cases Administrator may ask User to verify personal information provided during the signup process, and to that purpose ask User to show some form of ID documents. User’s refusal to provide Administrator with requested documents can be construed as providing incorrect personal information. In case User’s personal information provided during the signup process can’t be verified with documents, Administrator reserves the right to refuse User access to the Services. 

2.5. After providing necessary information, User must activate an account by following instructions sent to his/her email. After the successful activation, the user account is created. 

2.6. All User information kept in his/her user account is stored and processed by Administrator in accordance with the Privacy Policy. User is responsible for timely updates of information kept in his/her user account in case of any changes.

2.7. Login and password selected by User are considered to be necessary and sufficient information to access the Services, unless stated otherwise in User Agreements for the specific Services. User is not allowed to transfer his/her login and password to any third party and is fully responsible for their safekeeping and selecting the way they are kept. If User can’t prove otherwise, any action committed using his/her login and password are considered to be committed by User. 

2.8. In case of an unauthorized access to User login, password or any other account information by third parties, or in case of some other data leak from the user account, either occurred or possible, he/she must inform Administrator about it immediately via email info@nextgis.com and perform all actions advised by Administrator, including login/password change or other actions aimed at neutralization of the account data leak. 

2.9. The User is expressly forbidden to use the account of another registered User to access the Services. 

2.10. The User is allowed to: (a) edit or delete any information in his/her user account, except for the deletion of login, password and email; (b) delete his/her user account by sending a “Delete account” request to Administrator. The user account is deleted by Administrator within 72 hours of User’s request. 

2.11. Administrator may block or delete the user account without a prior notice and without an explanation, if User violates laws of Estonia, other laws and rules applicable to Administrator or User, present Terms, or rights of other Users or third parties. After a User account is deleted, he/she loses access to the Services and its Content which are available only for the registered Users.

3. General Terms of Use for the Services

3.1. Administrator provides User with access to the technical functionality of the Services, including but not limited to:

• storage of the Content;
• creation, uploading, modification, viewing, processing, visualization and analysis of the Content;
• publishing of the Content by providing restricted or unrestricted access to it for the unlimited number of Users and third parties;
• access to the Content generated by Administrator or other Users;
• use of the Services for the creation of end-user applications, both commercial and not-for-profit.

3.2. Administrator reserves the right to change, amend and update the Services at any moment, without prior notice. After the release of the new version Administrator doesn’t guarantee stable or continuing functioning of the previous version of the Service. 

3.3. Administrator informs User about technical, organisational and commercial terms and conditions for the use of the Services, including description of the Services functionality and pricing: (a) by publishing this information on nextgis.com website, (b) by publishing this information on other online resources controlled by Administrator; (c) by including this information in User Agreements for the specific Services.

3.4. Administrator reserves the right to set and change at his own discretion any rules and limits for the use of the Services, including those related to: the amount of disc space for User’s Content storage; the number of objects in User’s Content; the number of requests to User’s Content per time unit; User’s Content permissions settings. When it is not forbidden by law these rules and limits can be different for different User categories.

3.5. The User is fully responsible for any actions related to his/her use of the Services, including responsibility before third parties when the Content published by User infringes on the rights of said third parties.

3.6. The User is expressly forbidden to perform the following acts while using the Services:

• create, upload, store, publish or use in any other way the Content without legally obtaining rights to perform these actions;
• upload, store, publish, provide access to or use in any other way viruses, trojans and other malware;
• try obtaining access to the login and password of another User by any means, including deception, fraud, trust abuse, software cracks, malware attacks, etc.;
• collect, process or publish personal data without complying with laws of Estonia and other applicable laws and rules;
• use the Services bypassing interfaces provided by Administrator, except when it is expressly permitted to do so in accordance with the separate agreement between Administrator and User;
• place advertisements or other promotional materials, except when it is expressly permitted to do so in accordance with the separate agreement between Administrator and User;
• upload data or place information which does not align with the purpose of the Services or is undesirable to be used in the Services for other reasons;
• perform other acts aimed at violating normal functioning of the Services, rights of Administrator, other Users or third parties.

3.7. Administrator may block or delete User access to any Service and take down any User’s Content without a prior notice and without an explanation, if User violates laws of Estonia, other laws and rules applicable to Administrator or User, present Terms, or rights of other Users or third parties.

4. Copyright Policy

4.1. All integral parts of the Services, including design, text, graphic objects, video, software, databases, sounds and other objects and their collections (“Services Content”), along with the Content uploaded to the Services by Users or Administrator, are copyrighted by Users, Administrator, third parties, or part of the public domain. All rights to the copyrighted objects are reserved.

4.2. The User is granted a license to use Services Content only in the manner permitted by the Services functionality and on conditions of keeping all applicable copyright notices and trademarks and providing an appropriate credit to authors and copyright holders, unless the opposite is expressly required by the law or the terms of a separate agreement with Administrator. 

4.3. The User is not allowed to submit to the Services any Content without the copyright holder’s permission to do so. By submitting the Content to the Services, User confirms that he/she is legally allowed to use this Content in the manner permitted by the Services functionality, including the right to copy and distribute the Content.

4.4. The User retains his/her intellectual property rights to any Content they create, upload, store, publish or use in any other way in the Services. 

4.5. By submitting the Content to the Services, User grants to Administrator a worldwide, non-exclusive, royalty-free license to use this Content for the limited purpose of operating the Services. By providing unrestricted access to his/her Content for the unlimited number of Users and third parties, User also grants to Administrator a worldwide, non-exclusive, royalty-free license to use this Content for the limited purpose of promoting and improving the Services. These licences continue while the Content is stored in the Services. Administrator reserves the right to store backup copies of User’s Content after its removal from the Services for the period necessitated by the Services architecture.

4.6. By submitting the Content to the Services, User grants to other Users a non-exclusive license to use it in the manner permitted by the Services functionality, except when it infringes on the copyright holder’s rights. The User can widen the license scope by expressly indicating permitted ways to use the Content in the Content description or metadata. 

4.7. When submitting the Content to the Services and its further use in the Services requires indication of the name of the creator, a copyright notice, a license notice or any other conditions of its use (‘attribution’), User must provide appropriate information in the Content description or metadata.

4.8. Use of the Services Content or the Content in the manner not permitted by these Terms or not expressly permitted by the copyright holder is strictly forbidden. 

4.9. In no case these Terms constitute a sale or copyright transfer of the Services Content or the Content.

5. Third-party Services and Content

5.1. The Services may contain links to the other services (“Third-party Services”) or the other content (“Third-party Content”) owned by or created by third parties and copyrighted under laws of Estonia or other countries. 

5.2. Administrator doesn’t check if the Third-party Services and Third-party Content are accurate and in compliance with legal or any other requirements. Administrator is responsible neither for information or data placed in the Third-party Services accessed by User from Services, nor for their accessibility and possible consequences of using them.

5.3. Links to the Third-party Services and Third-party Content and user manuals for them contained in the Services do not imply their support or endorsement by Administrator, except when it’s expressly indicated by Administrator. 

6. Limitation of liability

6.1. The Services and their functionality, including all scripts, application, design, the Services Content, and the Content are provided “as is”. Administrator excludes all warranties about the Services or their specific functions and their fitness for a particular purpose. Administrator also does not make any commitments or promises about the Services’ ability to provide any specific result.

6.2. The User agrees to use the Services and the Content at his own risk and accepts his full responsibility for all possible consequences, including responsibility for the damages to User or the third party hardware and software, data losses or any other damages and losses. The User understands that by using the Services, he/she may be exposed to the Content that might be offensive, harmful, inaccurate or otherwise inappropriate.

6.3. Administrator does not pre-moderate or control User’s Content and does not take responsibility for User’s Content and User’s actions while using the Services. Administrator will respond to any requests about protection of rights and interests of Users and third parties only after receiving a relevant request via mail or email. 

6.4. In no case Administrator and its employees will be liable for any pecuniary or non-pecuniary damages, physical harm or lost profits caused by the use of the Services or the Content. 

6.5. In no case Administrator and its employees will be liable for any damages, including data losses, or lost profits caused by Administrator blocking or deleting User’s access to the Services, blocking or deleting User account, or removing User’s Content. 

6.6. Administrator exercises reasonable care in keeping the Content secure and the Services available to use. At the same time User accepts the risk of possible outages and malfunctions in the Services and agrees that Administrator does not have technical means to predict their occurrence, notice User about them in advance or fully eliminate their possibility. The occurrence of outages or malfunctions in the Services, regardless of their reasons or consequences, can not serve as a basis for Administrator’s liability. 

6.7. In case User uses the Services and the Content on a free basis or on a paid basis but for a business purpose, the consumer protection laws are not applicable to the relationships between Administrator and User. 

7. Miscellaneous

7.1. These Terms are the agreement between Administrator and User regarding the Services and the Content, effective for the unlimited period of time. These Terms supersede and replace any prior agreements between Administrator and User regarding the Services and the Content.  

7.2. These Terms and any action related thereto will be governed by the laws of Estonia without regard to the location of User or his/her equipment. All claims arising out of or relating to these Terms or Services will be litigated exclusively in the courts located at Administrator’s place of registration.

7.3. In case of any dispute relating to these Terms, User and Administrator first shall seek to resolve them by conducting talks. If a dispute is not resolved in this way, it shall be resolved using procedure set by the laws of Estonia.

7.4. If there is any inconsistency between these Terms and terms of User Agreements for the specific Services, the terms of User Agreements for the specific Services will prevail. 

7.5. If it turns out that a particular term is not enforceable, this will not affect any other terms.

7.6. Administrator may modify/update these Terms from time to time without giving any prior notice. The most current version of the Terms is available at https://nextgis.com/terms. Administrator recommends Users to check this page for updates. By continuing to access or use the Services after the Terms were modified/updated, User agrees to be bound by the updated Terms. 

7.7. All questions, notices and claims regarding the Services and the Content, including the possible infringements, should be sent to info@nextgis.com or to the following postal address:

NextGIS OÜ
Nelgi 31-53
Tallinn 11213
Estonia