This website, storeboost.com (the “site”), is owned and operated by StoreBoost Advertising Technologies GmbH, (“StoreBoost”, “we” or “us”). By using the site, services provided on the site, or map content we make available to you through the services (collectively, “Services”), you agree to be bound by the following Terms of Service, as updated from time to time (collectively, the “Terms”). Please read them carefully. If you don’t agree to these Terms, you may not use the Services.
1. Signing up
In order to use most Services, you must register for a StoreBoost account.
Please carefully guard the security of your account. You are responsible for all use of the Services under your account, whether or not authorized. At our discretion, we may make limited exceptions to this policy for unauthorized use of your account if you notify us of the problem promptly.
If you are entering into this agreement on behalf of your company or another legal entity, you represent that you have the authority to bind that entity to these Terms, in which case “you” will mean the entity you represent.
2. Our services
We will make the StoreBoost Services available to you in accordance with our Service Level Agreement. Subject to these Terms, we grant you a non-exclusive, revocable license and right to:
- Use the Services to develop online services and online, desktop, or mobile applications; and
- Make the Services available to end users in connection with their use of your online services and online, desktop, or mobile applications.
a) Routing and Mapping
The “Routing and Mapping APIs” means the StoreBoost API. You must access and use routings and map tiles made available by StoreBoost (“Routing and Map Assets”) only through our APIs.
You may cache Routing and Map Assets on end-user devices (e.g., laptops, smartphones, or tablets) for offline use, but each device must populate its cache using direct requests to the Routing and Mapping APIs and content from a cache may only be consumed by a single end user. You may not redistribute Routing and Map Assets, including from a cache, by proxying, or by using a screenshot or other static image instead of accessing Routing and Map Assets through the Routing and Mapping APIs. You may not scrape or download Routing and Map Assets in bulk for any purpose other than offline caching on a single end user’s device.
You may only use responses from the Geocoding (“Geocodes”) in conjunction with a StoreBoost map. You may not resell or re-syndicate Geocodes to third parties (except as an integrated part of your application). You may use latitude and longitude information from Geocodes to position results on a map, but you may not display the latitudes or longitudes directly to end users. You may only query the Geocoding in response to human user queries and human app interactions; you may not perform automated queries.
You may not use results from the Geocoding (a) to develop a general database of locations or addresses for any neighborhood, city, state, country, or other such geographic region, or to develop any other general purpose digital map database; (b) to develop or test another geocoding application or API; (c) in connection with navigation products preinstalled or integrated into automobiles by auto manufacturers, auto electronic component manufacturers or auto system integrators; or (d) for in-flight navigation.
Upon written notice to you, we may audit your use of the Geocoding to ensure it is in compliance with this section. The terms of this section are intended for the direct benefit of our third party suppliers and may also be enforced directly by those suppliers.
3. Unlawful and other unauthorized uses
You agree to comply with all applicable laws, regulations, and third party agreements in your use of the Services.
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 use the Services to:
- Disseminate material that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
- Aid or implementing practices violating basic human rights or civil liberties. For the avoidance of doubt, you may not use the Services to assist in the creation of databases of identifying information for any government to abrogate any human rights, civil rights, or civil liberties of individuals on the basis of race, gender or gender identity, sexual orientation, religion, or national origin;
- Disseminate or store material that infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
- Create a false identity or otherwise attempting to mislead others as to the identity or origin of any communication;
- Export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions;
- Interfere with or attempt to gain unauthorized access to any computer network;
- Host, transmit or provide StoreBoost with Protected Health Information (as defined by the Health Insurance Portability and Accountability Act);
- Operate dangerous businesses such as emergency services or air traffic control, where the use or failure of the Services could lead to death, personal injury or significant property damage;
- Transmit viruses, trojan horses, or any other malicious code or program; or
- Engage in any other activity reasonably deemed by StoreBoost to be in conflict with the spirit or intent of these Terms.
You may not 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. End users and notification
You may not allow your end users or other third parties to use the Services in any way that would violate this Section (“Our services”) if done by you, and you agree to take reasonable efforts to prevent such use. You agree to promptly notify StoreBoost in writing if you become aware of any misappropriation or unauthorized use of the Services.
In addition to the requirements above, you agree to adhere to the policies posted on this site in conjunction with the Services, including accompanying documentation. Those policies are incorporated by reference into these Terms.
6. Charges and payment
The StoreBoost Service is charged based on the number of StoreBoost API requests. Only the actual API requests are charged on a monthly basis.
For customers located in Germany a VAT of 19% is added. Charges are billed on the first day after each billing period (monthly). Payment is made by credit card. We may charge your credit card in full on the first day or later after each billing period (monthly). You are responsible to provide a valid credit card which has enough funds to pay the charges. In case of payment by invoice, the invoice is due in full 15 days after invoice date.
We are not responsible for any bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by StoreBoost. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law.
a) Your content
Your content is your content. You retain ownership of all content that you contribute to the Services.
Limited to the purpose of hosting your content so that we can provide the Services to you, you hereby grant StoreBoost a non-exclusive, worldwide, royalty-free, transferable and sublicensable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works, and store such content and to allow others to do so. This right and license enables StoreBoost to host and mirror your content on its distributed platform. You warrant, represent, and agree that you have the right to grant StoreBoost these rights.
On termination of your account, StoreBoost will make all reasonable efforts to promptly remove from the site and cease use of your content; however, you recognize and agree that caching of or references to the content may not be immediately removed.
b) Our content and third party content
Other than your content, all content displayed on the site or accessible through the Services, including text, images, maps, software or source code, are the property of StoreBoost and/or third parties and are protected by international copyright laws. Logos and product names appearing on or in connection with the Services are proprietary to StoreBoost or our licensors. You may not remove any proprietary notices or product identification labels from the Services.
8. Account cancellation or suspension
You may cancel at any time.
The limited license granted by this agreement terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of the limited license, you agree to immediately destroy any materials downloaded from the Services.
In addition, StoreBoost may cancel or suspend your account for any reason by providing you thirty days advance notice. Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the Services.
9. Changes to services or terms
We may change the features and functions of the Services, including APIs. It is your responsibility to ensure that calls or requests you makes to the Services are compatible with then-current StoreBoost APIs. We attempt to avoid changes to our APIs that are not backwards compatible, but such changes may occasionally be required. If that happens, we will use reasonable efforts to notify you prior to deploying the changes.
You agree to indemnify and hold harmless StoreBoost and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys’ fees, 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;
- Content you or your end users submit, post to, extracts from, or transmit through the Services.
“As is,” “as available” and “with all faults.” YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES 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, STOREBOOST 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 STOREBOOST OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Website operation. STOREBOOST DOES NOT WARRANT THAT THE SERVICES, 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-StoreBoost content. WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD PARTY CONTENT (“NON-STOREBOOST CONTENT”), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-STOREBOOST CONTENT. UNDER NO CIRCUMSTANCES WILL STOREBOOST BE LIABLE FOR OR IN CONNECTION WITH THE NON-STOREBOOST CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON-STOREBOOST CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY NON-STOREBOOST CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-STOREBOOST CONTENT.
Accuracy. STOREBOOST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Driving directions. DRIVING CAN BE DANGEROUS, AND USE OF OUR DIRECTIONS API AND OPTIMIZED TRIPS API IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION PROVIDED BY OUR DIRECTIONS API AND OPTIMIZED TRIPS API IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (FOR EXAMPLE, BY TRAFFIC LIGHTS, TRAFFIC SIGNS, OR POLICE OFFICERS) DIFFERS FROM INFORMATION PROVIDED BY THE API, DO NOT RELY ON THE API. YOU AND YOUR USERS MUST OBSERVE ALL TRAFFIC LAWS WHILE USING THE SERVICE. IF YOU USE THE DIRECTIONS API OR OPTIMIZED TRIPS API IN AN APPLICATION OR SERVICE THAT YOU PROVIDE TO END USERS, YOU MUST DISCLOSE THIS POLICY TO YOUR USERS.
Harm to your computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES, MAPS, OR CONTENT THROUGH THE SITE 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) 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.
12. Limitation of liability
Limitation of liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING NEGLIGENCE, SHALL STOREBOOST 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 SERVICES OR THE SITE, INCLUDING SOFTWARE, SERVICES. MAPS, CONTENT, USER SUBMISSIONS, OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF STOREBOOST OR A STOREBOOST AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF STOREBOOST OR ITS AFFILIATES, 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 THE SERVICES 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 STOREBOOST IN THE TWELVE MONTHS PERIOD PRIOR TO THE DATE ON WHICH THE DAMAGE OCCURRED.
Claim period. YOU AND STOREBOOST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO STOREBOOST MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13. Additional terms
You agree to keep the contact information associated with your StoreBoost account current and complete.
Except as provided in these Terms, the license and right to use the Services is granted only to you and may not be transferred to anyone without the prior written consent of StoreBoost. These Terms shall benefit StoreBoost and its successors and assignees.
These Terms are governed by and construed in accordance with the laws of Germany, without giving effect to any principles of conflicts of law. Any action arising out of or relating to these Terms must be filed at a court in Germany, and you hereby consent and submit to the exclusive personal jurisdiction and venue of these courts for the purposes of litigating any such action.
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 StoreBoost to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. StoreBoost reserves all rights not expressly granted to you.
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.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and StoreBoost 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 StoreBoost other than pursuant to these Terms.
Effective: September 20th, 2018