MAPCAT Legal terms

Document version: 11/05/2018

The Terms constitute an agreement between you and GLI Solutions Kft. (seat: 1117 Budapest, Szerémi út 7. B. lház. I. em. B103.; company registrítion No.: 01-09-173337), including its affiliates and suppliers (collectively hereinafter: “Mapcat”), defining your and Mapcat’s rights and responsibilities with respect to the Services.

We have prepared and prepare the https://maps.mapcat.com and all its affiliated sites („Site”) with great effort and due care, and we continuously update the maps and data of the Site. Despite our efforts, however, we cannot undertake warranty that all information on the Site are accurate or full-scope, or that the Site is free from typing or other errors, viruses or other harmful material, as well as that the Site will always be available and free from defects. The database on the Site are partly compiled from public or other lawfully utilized sources, data, information, for the accuracy, entirety, reality and authenticity of which Mapcat excludes all kind of liabilities considering that Mapcat does not have any control possibility over and in relation to these data, information.

Mapcat warrants that it lawfully provides you with the possibility to use the Services of the Site. Mapcat, however, excludes liability for any and all damage originating from the unlawful, improper or unprofessional use of the Site. Breaching any provision of these Terms may imply civil law and criminal consequences.

Content. As part of the Services, Mapcat may provide you with content developed by Mapcat or its licensors (“Content”). Mapcat grants you a non-exclusive and perpetual license to use Content for the purpose it is intended, unless otherwise defined in these Terms. Some Content may only be available to residents of certain geographical areas. You are bound by any restrictions applicable to specific Content you obtain through the Services. Any license acquired to third-party Content is a binding agreement between you and the third-party Content provider. You have only the rights to the Content which are expressly granted here.

Software. As part of the Services, Mapcat may provide you with certain software developed by Mapcat or, its licensors (“Software”). Your use of Software may be subject to separate terms and conditions that you must accept before using the Software. If there are no separate terms and conditions applicable to such Software, the following terms apply: Mapcat grants to you a limited, non-exclusive, non-transferable right to use the Software on your computer and/or mobile device. You may not copy the Software, except to make a single archival backup copy. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the Software. For open source licensed software, applicable open source license terms apply. You agree to strictly comply with all applicable import and export regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, transfer, or import such Software.

1.  User declaration

By accepting these Terms, you agree:

• to comply with the applicable laws, these Terms and good manners;
• to use the Services only for non-commercial purposes;
• not to submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous or otherwise inappropriate Material;
• to obtain any consents, permission or licenses that may be legally required for you to submit any Material;
• to respect the privacy of others;
• not to distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses; or
• not to use any other technologies or initiate other activities that may harm the Services, or the interest or property of the Services users;
• not to use any automated systems or means to access, acquire, copy or monitor any part of the Services;
• to be responsible for the consequences related to the Material that you post.

2. Content

Other than your Material, all content displayed on the site or accessible through the Services, including text, graphics, maps, logos, images, illustrations, software or source code, audio and video, and animations (collectively: „Content”) are the property of Mapcat and/or third parties and are protected by applicable copyright laws. You may be held liable for any unauthorized copying or disclosure of this Content.

The third party Content provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims you may have relating to that Content or your use of that Content. However, Mapcat may enforce the third party Content license terms against you as a third party beneficiary of those terms. The third party Content providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Content in which they have rights. Mapcat may be acting as an agent for third party Content provider in providing the Content to you. Mapcat is not a party to the transaction between you and the third party Content provider for such Content. All logos and product names appearing on or in connection with the Services are also proprietary to Mapcat or its licensors and/or suppliers. You may not remove any proprietary notices or product identification labels from the Services’ software, maps, or other content.

Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’. Mapcat shall not be responsible for any claims or offense caused or suffered by you accessing such Content.

Upon downloading or accessing any Content, you agree:

• to use the Content only for non-commercial purposes;
• to use the Content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies or on the product pages that apply to that particular piece of the Content;
• not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available unless otherwise authorized in these Terms and to advise Mapcat promptly of any such unauthorized use;
• not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the Content or any other technologies used to control the access to or use of the Content or its identifying information;
• not to use any automated systems or means, except for those provided by us, for the selection or downloading of the Content;
• not to give out your password or otherwise allow other people to access the Content. The restrictions on copying that apply to applicable media also apply to the Content accessed as part of this Services.

The sources of the contents avaible on the site are:

– OpenStreetMap, licence: https://opendatacommons.org/licenses/odbl/1.0/

In relation to using Mapcat, you acknowledge that you may not and you undertake that you will not:

• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;
• use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
• use the Site, Application, Services or Content for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site, Application, Services or Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
• “stalk” or harass any other user of our Site, Application, Services or Content, or collect or store any personally identifiable information about any other user;
• register for more than one account or register for an account on behalf of a person (entity) other than yourself;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Content;
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site, Application, Services or Content, or any individual element within the Site, Application, Services or Content, Mapcat’s name, any Mapcat trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Mapcat’s express written consent;
• access, tamper with, or use non-public areas of the Site, Application or Services, Mapcat’s computer systems, or the technical delivery systems of Mapcat’s providers;
• attempt to probe, scan, or test the vulnerability of any Mapcat system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Mapcat or any of Mapcat’s providers or any other third party (including another user) to protect the Site, Services, Application or Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

Data Management. You are solely responsible for taking backup copies of the data you store on the Services, including the Material you upload. If the Services are discontinued or the Registration is canceled, Mapcat may permanently delete your data. Mapcat has no obligation to return data to you after the Services are discontinued or the Registration is canceled. Except as set forth in the Privacy Policy, Mapcat is not responsible for any removal or loss of the information or content you have submitted to the Service. When information or content is removed from the Service by either you or Mapcat, traces or copies may still remain elsewhere. Upon the termination of the Registration, you undertake to immediately destroy any Content downloaded from the Services.

3. Unlawful and other unauthorized uses

You may not use the Services for any unlawful purpose. Your use of the Services must comply with all local rules regarding online conduct and acceptable content.

You may not use the Services in any manner that could damage or overburden the Services or interfere with any other party’s use of the Services.

You may not engage in other unacceptable use of the Services, which includes especially:

1. disseminating material that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
2. aiding or implementing practices violating basic human rights or civil liberties;
3. disseminating or storing material that infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
4. creating a false identity or otherwise attempting to mislead others as to the identity or origin of any communication;
5. exporting, re-exporting, or permitting downloading of any content in violation of any export or import law, regulation, or restriction, or without all required approvals, licenses, or exemptions;
6. interfering with or attempting to gain unauthorized access to any computer network;
7. transmitting viruses, trojan horses, or any other malicious code or program; or
8. engaging in any other activity deemed by Mapcat to be in conflict with the spirit or intent of these Terms.

You may not, nor may you permit any third party to modify, create derivative works from, reverse engineer, or attempt to derive any source code from the site’s software, except as expressly permitted by a written license from us.

4. Allegations of Copyright Infringement

You may notify Mapcat of copyright infringement on the Services by providing notice (a) by email with “Copyright Notification” in the subject line to info@mapcat.com, (b) by a document titled “Copyright Notification” mailed to GLI Solutions Kft. under 1117 Budapest, Szerémi út 7. B. lház. I. em. B103. or (c) via the online form, if available. Your notice must:

(1) identify the original copyrighted work you claim is infringed;

(2) identify the content on the Service that you claim is infringing the copyrighted work. Please, provide enough detail for Mapcat to locate the allegedly infringing content on the Services;

(3) provide your contact information, including your full name, mailing address, telephone number, and email address, if available;

(4) provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(5) provide this statement: “I declare, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed.”; and

(6) provide your signature, as applicable.

5. Notices

Mapcat may post notices within or otherwise in relation to the Services. Mapcat may also send you notices about products and Services to the email address you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from Mapcat sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.

6. Feedback to Mapcat

By submitting any ideas, feedback and/or proposals (“Feedback”) to Mapcat through the Service or other means, you acknowledge and agree that: (1) Mapcat may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) Mapcat is not under any obligation of confidentiality with respect to the Feedback; (4) Mapcat may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from Mapcat.

7. Social Activities and Location Sharing

You may use features in the Services to share your location, status, content, Materials or personal information or to interact with other users, sites and services. By using these features you agree that Mapcat may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information. In using these features you agree not to share information, Content or Material or to link to any service or site that: (a) contains content or other material that is illegal or inappropriate; or (b) exploits intellectual property rights without authorization or encourages users to piracy. Any interaction does not involve Mapcat and is solely between you and the other user(s).

8. Availability and Technical Requirements

The availability of Content and the Services may vary and is subject to Mapcat’s sole discretion. Mapcat expressly disclaims any representation or warranty that any particular Content or Services will be available. The Services may not be available in all countries and may be provided only in selected languages. The Services, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.

To access the Services, you may need to download a specific piece of software developed by Mapcat or by another party.

Mapcat may, in its sole discretion, change, correct or discontinue the Services in whole or in part. The Services may not be available during maintenance breaks and other times. To ensure you have the latest Mapcat device software and applications, your device may automatically check for the availability of software updates from Mapcat. If any are detected you will be prompted to approve the installation. You may disable automatic checking for updates through settings in your device. You may also install software through available software update channels. If Mapcat considers a Software update to be important or critical you may not continue using the previous version of the Software. Mapcat may prevent your use of the previous version of the Software or the respective Service until you install the update.

A particular Service may be a pre-release version, for example a beta release, and may not work in the way a final version works. Mapcat may significantly change any version of Service or Software or decide not to release a final version.

9. Links to Third Party Sites and Content

Mapcat may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Services. You must review and agree to the terms and conditions of these sites or services before using these sites or services.

Mapcat has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that Mapcat endorses the site or the products or services referenced in the site.

In addition, you and other users may create content and links to content within the Services that has not otherwise been submitted to the Service. Mapcat is not responsible for this type of content or links.

10. Advertisements

The Services may include advertisements. Advertisements may be targeted to the content or information stored on the Services, queries made through the Services, or other information.

All components of advistisements published on the Site by third parties – including all texts, omages and other media elements – shall comply with the general publication requirements. No content violating any third party’s rights (e.g. copyright, trademark, personal data, other inherent or proprietary right) may be in the advertisment, thus, especially:

• The advertsiments may not contain such content that use political pursuits or matters causing strong feelsings for commercial purposes.
• The advertisments may not offer any prohibited products or services and may not refer to such, furthermore, may not suggest false linkage to geberal offers.
• The advertisments may not contain direct or indirect statements or references to the personal featires to the users.
• The advertisements may not publish, promote or publicize illecal activities.
• The advertisment may not be of offending, offensive, harrassing, aggressive, threatening, degrading content and may not pretend themselves as someone else.
• The advertsiements may not contain so called hate speech, whether aimed at a person or a group, neither based on belonging to any certain category.
• Advistisements addressing minors may not promote products, services or contents that are objectionable, illegal, misleading or puts great excessive pressute ont he targeted age groups.
• The advertsiments may not contain contents addressing adults only.
• The advertsiments may not be shocking, sensationalist, disrespectful, and may not visualize serious violance.

Advertisers shall be liable to comply with all related acts, legal regulations and standards. All statements in the advertisements shall be adequately grounded. The advertisements may not offend the users and may nióot infringe third party’s rights. Mapcat upholds its right to decide at its own discretion whether the content of a given adverisement breach the above principles and, if yes, to remove any advertsiement from the Site. The advertisments, however, may not refer to the approval or any kind of partnership of Mapcat.

11. Personal Data

The Privacy Policy and any additional privacy information made available to you govern the use of your personal data if applicable.

12. Disclaimers

“As is,” “as available” and “with all faults.” YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES, MAPS, AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MAPCAT DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAPBOX OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Website operation. MAPCAT DOES NOT WARRANT THAT THE SITE, INCLUDING ANY SOFTWARE, SERVICES, MAPS, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

Non-Mapcat content. WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD PARTY CONTENT (“NON-MAPCAT CONTENT”), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-MAPCAT CONTENT. UNDER NO CIRCUMSTANCES WILL MAPCAT BE LIABLE FOR OR IN CONNECTION WITH THE NON-MAPCAT CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON-MAPCAT CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY NON-MAPCAT CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-MAPCAT CONTENT.

Accuracy. MAPCAT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Harm to your computer and device. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES, MAPS, OR CONTENT THROUGH THE SITE (INCLUDING RSS FEEDS) OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND SIMILAR DEVICE) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.

Jurisdiction. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

Limitation of liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING NEGLIGENCE, SHALL MAPCAT OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SITE, INCLUDING SOFTWARE, SERVICES. MAPS, CONTENT, USER SUBMISSIONS, OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF MAPCAT OR A MAPCAT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF MAPCAT OR ITS CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID OR PAYABLE TO MAPCAT IN THE TWELVE MONTHS PERIOD PRIOR TO THE DATE ON WHICH THE DAMAGE OCCURRED.

Claim period. YOU AND MAPCAT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO MAPCAT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 13. Indemnification

You agree to defend, indemnify and hold harmless Mapcat and its officers, agents, partners, and employees from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of

• your use of the Services;
• your violation of these Terms;
• your end users’ use of the Services in or through an application or service you provide;
• the Material you or your end users submit, post to, extracts from, or transmit through the Services.

14. Miscellaneous

Choice of Law. These Terms are governed by the laws of Hungary.

Validity. These Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid, the remaining provisions will not be affected and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Terms. In the event one or more provisions of these Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole. If there is any conflict between these  Legal Terms and the Privacy Policy, the provisions of these Legal Terms prevail. The provisions of the Terms that are intended to survive termination of your registration remain valid after termination.

Changes in these Terms. Mapcat may modify these Terms at any time without prior notice. If these Terms are changed in a material, adverse way, Mapcat will provide a separate notice advising of the change. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your consent to any changes and modification.

Changes in the Services. We may change the features and functions of the Services, including APIs, and the terms of the SLA may change over time. It is your responsibility to ensure that calls or requests you make to the Services are compatible with then-current Mapcat APIs. We will endeavor to avoid changes to our APIs that are not backwards compatible, if any such changes become necessary, we will use reasonable efforts to notify you prior to implementation.

Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Mapcat to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Mapcat reserves all rights not expressly granted to you.

Invalidity. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for convenience only and have no legal or contractual effect.

Relationship between the parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mapcat as a result of these Terms or your use of the Services. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and Mapcat other than pursuant to these Terms.

15. Intellectual Property

The Services, the Content and the Software are protected under international copyright laws. Mapcat claims copyrights in its Services, Content, and Software to the maximum extent of the law. Subject to these Terms, Mapcat retains all right, title and interest in the Services, its Content, the Software and in all other Mapcat products, software and other properties provided to you or used by you through the Services.

16. Assignment

Mapcat may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with Mapcat. Additionally, Mapcat may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.