User Agreement for NextGIS Geodata Service
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING NEXTGIS GEODATA SERVICE. BY USING NEXTGIS GEODATA SERVICE, USER SIGNIFIES ITS ASSENT TO AND ACCEPTANCE OF THIS AGREEMENT AND ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS AGREEMENT. AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF USER DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN IT MUST NOT USE NEXTGIS GEODATA SERVICE.
This User Agreement for NextGIS Geodata Service, including all referenced appendices and documents (“User Agreement”), is between NextGIS OÜ (“Administrator”) and the user of NextGIS Geodata Service who accepts the terms of this Agreement (“User”). The effective date of this Agreement (“Effective Date”) is the earlier of the date that User signs or accepts this Agreement, or the date that User starts using NextGIS Geodata Service.
1.1. NextGIS Geodata Service (“Geodata Service”, “Service”) – web service “NextGIS Data” available at https://data.nextgis.com/, used for ordering and downloading of spatial datasets prepared or distributed by Administrator.
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 has obtained NextGIS ID and uses Geodata Service in accordance with the present User Agreement. User acting on behalf of another person (an individual or a legal entity) confirms that he/she has the authority to enter into legally binding agreements on behalf of that person. In that case the User Agreement binds both User and the person represented by User.
1.4. Customer – User or another person represented by User, who have paid for the Services in accordance with the present User Agreement. All User Agreement provisions addressed to User are addressed in full to the Customer.
1.5. Dashboard – a web service available at https://my.nextgis.com and designed for creation and management of User’s account and User’s Orders.
1.6. Order – a list of geodata parameters selected by User, including:
- name of a spatial dataset;
- legal (source, license) and technical (geometry, format, layers, coordinate system, additional data) parameters of a spatial dataset;
- total price of the Order.
The Order is created electronically, via Geodata Service interface (order and payment forms, feedback forms, etc.), or via Dashboard, or via email.
2. General Terms
2.1. User creates an Order for a spatial dataset and pays for it via bank transfer or via online payment systems or other payment options (including third-party app stores).
2.2. Administrator fulfills User’s Order by activating User access to Geodata Service, preparing the ordered spatial dataset or requesting it from the owner, and providing a download link for it via email or Dashboard.
2.3. Administrator fulfills User’s Order not later than 10 (ten) working days after the payment date. Administrator may postpone the delivery date following User’s request to do so.
2.4. In case the Order involves a request for data from public authorities, the term for the Order fulfillment mentioned in Clause 2.3 lengthens by the period required by the appropriate public authority to complete such request.
3. Termination of User Agreement and Refunds Policy
3.1. This User Agreement may be terminated:
3.1.1. By both Parties agreeing to it, at any time.
3.1.2. By any of the Parties, in case another Party violates terms of this User Agreement or NextGIS Terms of Service, without prior notification of another Party.
3.2. In case of early termination of this User Agreement Administrator may refund User’s payments for the unfulfilled Orders. Refunds for the already fulfilled Orders can’t be made. Refunds are made on the basis of User’s request, non-cash only. Refunds can’t be made to third parties. The refunds policy is the same for individual Users and legal entities.
3.3. Administrator does not refund User’s payments for the Orders unfulfilled on account of public authorities not completing or late completing data requests made by Administrator, in case the Order can not be fulfilled prior to receiving the requested data from public authorities.
4. Warranties and Liabilities of the Parties
4.1. For the duration of this User Agreement Administrator shall exercise reasonable care in keeping Geodata Service available for use. At the same time User accepts the risk of possible outages and malfunctions in Geodata Service 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, regardless of their reasons or consequences, can not serve as a basis for Administrator liability.
4.2. Geodata Service and its functionality are provided “as is”. Except for guarantees specifically indicated in this User Agreement Administrator excludes all direct or indirect warranties about Geodata Service or its specific functions and their fitness for a particular purpose.
4.3. The Parties shall incur a liability for the infringement of terms of this User Agreement in accordance with the User Agreement and the laws of Estonia.
4.4. In no case Administrator shall be liable for: а) any actions or failures to act caused by User’s and/or third parties’ actions or failure to act; b) any User’s and/or third parties’ losses irrespective of Administrator’s ability to predict them; c) use of the selected way of payment for the Order (or inability to do so), and all possible consequences of these User actions, as well as use of any means of communication by Users and/or third parties (or their inability to do so).
4.5. In no case Administrator and its employees will be liable for any damages, including data losses, or lost profits caused by use of Geodata Service or Administrator blocking or deleting User access to Geodata Service, blocking or deleting User account.
4.6. Neither Party will be liable for any delay or failure to meet its obligations under this User Agreement due to circumstances beyond its reasonable control, and the deadline for performance of obligations will be extended for the duration of such circumstances. In the event Administrator is prevented from performing its obligations under this User Agreement due to circumstances beyond its reasonable control, it will as soon as possible (but not later than within 5 (five) working days) notify User about them and about their expected duration via email or by publishing this information at Administrator’s website. Circumstances beyond reasonable control of the Parties include but are not limited to war, riot, insurrection, civil commotion, labor strikes or lockouts, shortages, power outages, fire, flood, earthquake or storm, as well as regulations and actions of government bodies entered into legal force after the Effective date and making performance of obligations under User Agreement impossible. If circumstances beyond reasonable control of the Parties and/or their consequences last more than thirty calendar days in succession, the User Agreement may be terminated at any time by any Party sending written notification to another Party.
4.7. The liability of Administrator for the failure to perform obligations in accordance with this User Agreement may not exceed the Order price.
5.1. This User Agreement is concluded between Administrator and User regarding use of Geodata Service. This User Agreement is made effective for the unlimited period of time and supersedes and replaces any prior agreements between Administrator and User regarding use of Geodata Service.
5.2. This User Agreement 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 this User Agreement will be litigated exclusively in the courts located at Administrator’s place of registration.
5.3. In case of any dispute relating to this User Agreement 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.
5.4. If it turns out that a particular term of User Agreement is not enforceable, this will not affect any other terms.
5.5. Administrator may modify/update this User Agreement from time to time without giving any prior notice. The most current version of the Terms is available at https://nextgis.com/terms-data. Administrator recommends Users to check this page for updates. By continuing to use Geodata Service after the User Agreement was modified/updated, User agrees to be bound by the updated User Agreement.
5.6. All questions, notices and claims arising from User Agreement shall be sent:
- to User’s email address indicated in Dashboard or in the Order form, when it is addressed to User,
- to firstname.lastname@example.org when it is addressed to Administrator.
5.7. User and Administrator may at any moment enter into a bilateral Contract governing use of Geodata Service. In this case terms of bilateral Contract shall supersede terms of the present User Agreement.
6. Administrator’s details: