These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Hivemapper, Inc., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Hivemapper,” “we,” “us” or “our”) governing your use of the Hivemapper.com website (the “Site”), the Hivemapper Mapping Platform (the “Software”), Hivemapper’s proprietary map (the “Map”), the Hivemapper mobile Application (the “App”), the Hivemapper Dashcam (the “Dashcam”), and Hivemapper’s map APIs (the “API”) (collectively, the “Services”). Your use of the Services is subject to this Agreement which may be updated from time to time. Any other links or references provided in this Agreement are for informational use only and are not part of the Agreement. Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use any part of the Services.
Modification to the Agreement
Hivemapper may modify this Agreement from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software and App as well as on the Site. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Agreement.
Content on the Services
The content on the Services includes maps, videos, images, photos, location information, branding (including trade names, trademarks, service marks, or logos), and other materials and data whether provided by you, Hivemapper or a third-party (collectively, "Content”). Content is the responsibility of the person or entity that provides it to the Services. Hivemapper is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the law or by misrepresenting map data, you can report it to us.
You must be at least 13 years old to use the Services. If you are under 18, you represent that you have your parent or guardian’s permission to use the Services. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Services, you are subject to the terms of this Agreement and responsible for your child’s activity on the Services. If you are using the Services on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
You can use most parts of the Services, such as viewing and searching the Map, without having a Hivemapper account. However, you do need a Hivemapper account to use some features, including: contributing to the Map by providing Contributor Content, and potentially earning rewards for some of your contributions, using the App, and accessing the mapping APIs. You can follow these instructions to create a Hivemapper account. In order to keep your account secure we do not ask you to create a password, instead we rely on 3rd party authentication via Google. To keep yourself anonymous on the service we assign you a random three word username. To retain your anonymity do not share your username in public forums that are associated with your real identity.
The Hivemapper API is used by customers to gain access to derived content. In order to use the Hivemapper API a customer must complete theorder form.
The Hivemapper API is used by customers to gain access to derived content. In order to use the Hivemapper API a customer must complete the order form.
There are certain types of conduct that are strictly prohibited on the Services. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Hivemapper’s sole discretion) in the termination of your access to the Services and may also expose you to civil and/or criminal liability.
You may not, whether yourself or through any other means or person:
(1) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Services and/or Site, or in any way or publicly display, perform, or distribute them;
(2) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without without an Order Form with Hivemapper in place and subject to those terms;
(3) create a browser or border environment around the Content (e.g. no frames or inline linking);
(4) transmit or otherwise make available in connection with the Services and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
(5) interfere with or disrupt the operation of the Services and/or Site, or the servers or networks that host the Services and/or Site or make the Services and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
(6) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site without an Order Form with Hivemapper in place and subject to those terms;
(7) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site without an Order Form with Hivemapper in place and subject to those terms;
(8) forward any Content from the Services and/or Site without an Order Form with Hivemapper in place and subject to those terms;
(9) transfer or assign your Services accounts’ password, even temporarily, to a third party;
(10) use the Services and/or Site for any illegal or unauthorized purpose;
(11) infringe or violate any of this Agreement
Content and Proprietary Rights
Content on the Services
If you have a Hivemapper account, you may be able to upload Content to the Services. If you choose to upload Contributor Content, you attest to its locational accuracy and content authenticity. Additionally, you must not submit to the Services any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for your Contributor Content. Content can include, for example, dashcam video, still images, GPS information, etc. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.
It is strictly forbidden to knowingly submit Content that inaccurately portrays any location. It is also forbidden to submit Content of a commercial nature (including advertising), unless such Content pertains to Hivemapper or the Services, and such Content strictly complies with these Terms.
Additionally, when you submit Contributor Content, you must make sure it is lawful. For example, you may not submit Content that:
(1) is manipulated in any manner that would lead to an incorrect map;
(2) attempts to trick people by providing false, incomplete, or manipulated content;
(3) is knowingly not collected at the location it claims to be at;
(4) attempts to reveal the identify other persons;
The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content.
Hivemapper may decline to publish, or immediately delete any Contributor Content you submit if you or the Content have violated this Agreement or if you engaged in a commission or omission that is harmful or may be harmful to the Services, its Users, Hivemapper or any of its agents or affiliates. In such cases, Hivemapper may also terminate your access to the Services or prevent you from posting additional Content on the Services. The provisions of this clause are made in addition to any rights afforded to Hivemapper by any law.
Contributor Content does not reflect the views of Hivemapper. Publishing or processing Contributor Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.
“Generated Content” means both: (1) the Content resulting from the processing from the Software and available to view on the website (“Map Content”); and (2) the corresponding data returned through the Hivemapper API (“API Content”). Except as expressly permitted to Customers who have a signed Order Form with Hivemapper, Users are allowed only to view and search Generated Content and are not permitted to download, export, copy, manipulate or mine any Generated Content.
Proprietary Rights to Content
Hivemapper and/or third parties retain ownership and/or other applicable rights in all Generated Content and all Content other than Contributor Content.
When you submit Contributor Content, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Hivemapper to use the Content and exploit all intellectual property rights in and to the Content. Hivemapper receives no ownership rights in and to your Contributor Content. However, by submitting Content to Hivemapper, you hereby grant Hivemapper an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, and prepare derivative works from the Content. The license granted to Hivemapper in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at Hivemapper’s sole and absolute discretion. Other Users will not have access to your Contributor Content, though we reserve the right to change this in the future, in which case we will notify you prior to making your Content publicly available.
Removing Your Content
You may request to remove your Content from Hivemapper at any time, but removing such will not affect the Generated Content already created from your Content.
Removal of Content by Hivemapper
Hivemapper reserves the right to remove any Contributor Content that is found to be in breach of this Agreement.
Hivemapper Intellectual Property
As between the parties, Hivemapper owns and retains all right, title and interest in and to all of the Products, all improvements, modifications and derivative works of the foregoing, and all intellectual property rights in any of the foregoing. To the extent that Customer acquires any right, title or interest in or to any Product (including without limitation the Service), any deliverable, or any intellectual property rights therein, Customer hereby assigns to Hivemapper all such right, title and interest. Except for the licenses Hivemapper expressly grants to Customer hereunder, Customer is not provided with any license or right to the Products or the intellectual property rights therein, whether by implication, estoppel or otherwise. Customer is not granted any right to use any Hivemapper trademark, service mark, logo or trade name.
Contributors and Customer, its authorized users and its other employees and agents may (but are not required to) provide Hivemapper with suggestions, comments or other feedback regarding the Products ("Feedback"). If Customer, its authorized users or its other employees and agents do provide Hivemapper with Feedback, then Hivemapper may, and you hereby grant Hivemapper a license to, freely use, disclose, reproduce, license, distribute and otherwise commercially exploit such Feedback in connection with any product, technology, service, specification or other documentation.
Customers will pay Hivemapper the fees for the Services based on (a) the pricing set forth in the Order Form or (b) if the requests for Services have exceeded what is set forth in the Order Form, Hivemapper’s then-current rates. All payments are due in U.S. dollars unless otherwise indicated on the Order Form or invoice. All fees set forth in an Order Form must be consumed during the Services Term applicable to that Order Form. All fees paid are non-refundable except as set forth in the Order Form.
Unless otherwise set forth in the Order Form, (a) all upfront and commitment fees are due and payable at the start of the Term and (b) other fees, including overages not covered by the Order Form, will be due and charged automatically to your account monthly in arrears. We will notify you at least 3 business days prior to automatically charging your account.
Customer must dispute any fees within thirty (30) days of the due date. Past due amounts over thirty (30) days are subject to a finance charge of 1.5% per month (or the highest rate permitted by law). Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Hivemapper in collecting past due amounts. If Customer’s fees are past due, Hivemapper may suspend the Services.
In order for Contributors to receive payments from Hivemapper for providing Contributor Content, Contributors must (1) have a Hivemapper account to receive payments and (2) provide Content that qualifies for payment.
Additionally, Hivemapper makes Contributor payments exclusively via PayPal, so Paid Contributors must also have an active PayPal account. Hivemapper will make its best efforts to pay contributors every 7 days for amounts owed over $40. We are not responsible for making payments to PayPal accounts that are incorrect or cannot receive payments from Hivemapper due to PayPal restrictions, and we will make reasonable efforts to notify you of such payment issues, but it is your responsibility to provide that information accurately when you sign up.
We reserve the right to change our payment processor at any time and will notify you at least 14 days prior to making such a change.
Tax Requirements for Payments Over $600
For Paid Contributors who earn $600 or more in a single calendar year, Hivemapper is required by the U.S. Internal Revenue Service to collect certain tax information from you in order to continue paying you. Until we receive the requested information, you will not earn additional payments.
Qualifications for Paid Content
For Contributor Content to qualify for payment from Hivemapper, the Content must cover an area that has been identified on the Hivemapper Site or App as payable. Additionally, the Content must be successfully processed by the Software, added to the Map and have resulted in Generated Content. Hivemapper may examine Contributor Content before or after its processing or before it is added to the Map to prevent processing of inappropriate or otherwise inadequate or erroneous Content. This Content will not qualify for payment until after it has completed its full review and has been added to the Map. Hivemapper does not normally utilize its right to monitor Content and does so only in rare cases. Additionally, payments made to Contributors for Content that is later found to be in breach of this Agreement will be due back to Hivemapper, and we will automatically debit this amount from any payments due.
Only original and authentic Content collected at a verifiable location will qualify for payment. Any falsified or non-original content will not qualify and may result in banishment from the Services.
You may terminate your use of the Services at any time and for whatever reason. You are not obligated to advise Hivemapper of such termination. However, if you would also like for Hivemapper to delete your Hivemapper account and your personal information contained in the account, please contact us. On receiving such a request, Hivemapper will use reasonable efforts to delete such information, however please note that information may not be deleted immediately from our back-up systems. When deleting your account, unless as a result from legal proceedings or obligations, Hivemapper will retain and continue to use the Generated Content that was created from Content you provided to Hivemapper.
If not specified in an Order Form, Hivemapper retains the right to block your access to the Services and discontinue your use of the Services, at any time and for any reason Hivemapper deems appropriate, at its sole and absolute discretion.
We will notify you with the reason for termination by Hivemapper unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Hivemapper; (b) would compromise an investigation or the integrity or operation of the Services; or (c) would cause harm to any user, other third party or Hivemapper. Where Hivemapper is terminating your access for Services changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Services.
If your Hivemapper account is terminated, you may continue using certain aspects of the Services (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your Hivemapper account has been terminated in error, you can appeal by contacting us.
If Hivemapper is unable to perform any of its obligations under this Agreement because of severe weather, natural disasters, acts of God, riots, wars, theft, governmental action, acts of our suppliers, or other events beyond our reasonable control, then we are relieved from our performance of such obligations to the extent, and for the duration, that such performance is prevented by such events.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND HIVEMAPPER DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICES; (B) THE SPECIFIC FEATURES OF THE SERVICES, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICES.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, HIVEMAPPER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
* ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICES;
* PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES;
* ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES;
* ANY INTERRUPTION OR CESSATION OF THE SERVICES;
* ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY;
* ANY CONTENT WHETHER SUBMITTED BY A CONTRIBUTOR OR HIVEMAPPER, INCLUDING YOUR USE OF CONTENT; AND/OR
* THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY..
HIVEMAPPER AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT HIVEMAPPER HAS PAID TO YOU FROM YOUR USE OF THE SERVICES IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO HIVEMAPPER, OF THE CLAIM; AND (B) USD $500.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Hivemapper, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Services.
Third-Party Service Providers and Devices
Modifications to the Services
Unless expressly prohibited in an Order Form with you, Hivemapper may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the Content in the Services and any other aspect related to the Services. Unless permitted in an Order Form with you, you will have no claim, complaint or demand against Hivemapper for applying such changes or for failures incidental to such changes.
All claims arising out of or relating to this Agreement or the Services will be governed by California law, without regard to conflict of law rules and will be litigated exclusively in the federal or state courts of San Francisco County, California, USA. You and Hivemapper consent to personal jurisdiction in those courts.
You may not assign or transfer your rights in and to the Services, without the prior written consent of Hivemapper. Hivemapper may assign its rights in and to the Services to a third party at its sole and absolute discretion, provided that the third party undertakes Hivemapper’s obligations to you under this Agreement.
Relationship with Hivemapper
As a Paid Contributor to the Hivemapper Platform, you acknowledge and agree that you and Hivemapper are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Hivemapper expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Hivemapper; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Hivemapper, and you undertake not to hold yourself out as an employee, agent or authorized representative of Hivemapper.
You may contact us concerning any question about the Services, through email at firstname.lastname@example.org or via the channels listed on the “About” menu on the Site or through the “Contact Us” page. We will make our best efforts to address your inquiry promptly.