KickTheMap application: End user licence agreement
December 2, 2019
KickTheMap Service User Agreement (“User Agreement”) is a legal agreement between you (either an individual or a legal entity) and KickTheMap Sàrl, a Swiss- based company, (referred to as KickTheMap). This User Agreement specifies the terms and conditions under which KickTheMap allows you to use its mobile application (the “Service”), including any applications, content files, software and associated documentation By registering, you are confirming your complete and unconditional acceptance of the terms and conditions set forth in this User Agreement and agreeing to become bound by this User Agreement. If you do not agree to the terms and conditions of this User Agreement, you may not use the Service. KickTheMap reserves the right to amend this Agreement at any time. In case of amendment, you will be notified about it by an email sent to your email address linked to your account. If you continue to use the Service after such notification of change it will constitute acceptance of the amendment.
KickTheMap Service (“Service”) enables you to have your on-site pictures to be processed with the KickTheMap service. To get access to the service you shall register at my.kickthemap.com or on the mobile application. First, a KickTheMap job shall be created when starting a pictures session. On finishing this session, the pictures are uploaded to our cloud storage and processed with our photogrammetry engine. Then, the final point cloud corresponding to this job, shall be posted on your personal account on our the web platform (www.kickthemap.com).
KickTheMap does not provide guaranteed delivery time of 24 hours after the upload of the pictures and the posting of the control points coordinates (if necessary), but undertakes to make good faith efforts to answer deliver within 24 hours during workweek.
1.2. Grant of Right
Subject to your compliance with the Agreement, KickTheMap grants you a non-exclusive, non-transferable, non-assignable right to use the Service; the right is granted without permission to sublicense.
a) No Reverse Engineering. You may not decompile, disassemble, reverse engineer, or otherwise attempt to gain access to its methods of operation or to derive the source code of the Service. (b) No Harmful Actions. You may not attempt to disable, impair, overburden or destroy the Service. (c) No Transfer. You may not redistribute, encumber, sell, rent, lease, sublicense, assign or otherwise transfer your rights in the Service, nor transfer your account data to any third party. (d) No Hosting or Third Party Use.
The use of the Service is free of charge up to 150 pictures/job and in the limit of 3 jobs per user. In case of excessive demand for the Service or a misuse of our free account policy (for instance, creating multiple accounts for the same physical or legal person to take advantage of the free account policy), KickTheMap reserves the right to introduce limitations of your account without notification, at any time. Please be informed that testing period is a temporary offer; payable subscription plans can be found on our platform www.my.kickthemap.com.
All title, including but not limited to copyright, in and to the Service are owned by KickTheMap Sàrl. This User Agreement grants you no title or ownership rights in the Service.
You may not alter, remove, or obscure any copyright, trade secret, patent, trademark, logo, proprietary and/or other legal notices in reports, documents, templates, screen shots, output files, etc. generated through use of the Service.
(a) Any output file, i.e. any file generated by you as a result of you using the Service, shall belong to you exclusively. (b) By uploading your content of any kind to the Service, you grant KickTheMap the right to transfer the data to Amazon Web Service Cloud storage and process it in accordance with Amazon Web Service standard terms and conditions. (c) By uploading content to the Service, you grant KickTheMap a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce and modify your contents to improve the Service and other products by KickTheMap. (d) It is recommended that you maintain backups of your contents directly or indirectly processed with the Service. In no case will KickTheMap be responsible for the failure to store, the loss or the corruption of your contents. (e) By uploading your content to the Service you confirm and guarantee that:
- you have all the rights to use the content in such a way;
- that the content has no limitations on usage according to the laws of Switzerland or laws of any other country, and, therefore - the usage of the content by KickTheMap within the limits described in the Agreement shall not contravene material nor personal rights of the third parties; nor shall such usage cause the violation of the intellectual rights of the third parties; nor shall the usage constitute an offense according to the laws of the Switzerland or legislation of any other country; (f) You bear all the liability in case the usage of the content does not comply with and/or violate the laws of Switzerland or laws of any other country, including but not limited to the liability to the third parties whose material, personal, intellectual or other rights has been violated or can be violated by the usage of the content in accordance with the Agreement.
It is not obligatory for you to provide KickTheMap with any comments, suggestions or other feedback (“Feedback”) about the Service. However, if the Feedback is provided by you, KickTheMap gets the right to use the Feedback to improve the Service. In order to support this right of KickTheMap, with this User Agreement you grant to KickTheMap a non-exclusive, worldwide, irrevocable, perpetual, royalty-free license to, directly or indirectly, use, reproduce, license, sublicense, distribute, make, have made, sell and otherwise commercialize the Feedback in the Service or other KickTheMap’s products and technologies. You further agree NOT to provide any Feedback that (a) You know is subject to any Intellectual Property Rights of any third party or (b) is subject to license terms which seek to require any products incorporating or derived from such Feedback, or other KickTheMap’s intellectual property, to be licensed to or otherwise shared with any third party.
5.1.THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. KICKTHEMAP DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. KICKTHEMAP MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. KICKTHEMAP FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS OR TO ANY THIRD PARTY.
5.2. KickTheMap shall not be liable for special, indirect, incidental, consequential (including , but not limited to, lost profit or the loss of data or information of any kind, however caused, or failure of any licensed software to work or perform in any way) or other damages based in contract, tort or otherwise with respect to any claim on account of or arising from this User Agreement or use of or inability to use the Service, even if KickTheMap has been or is hereafter advised of the possibility of such damages. KickTheMap does not indemnify you in any way against anything.
5.3. If you are dissatisfied with the Service or any of KickTheMap’s terms and conditions, your sole and exclusive remedy is to discontinue using the Service. In addition, you release KickTheMap from any damages that you incur, and agree not to assert any claims against it, arising from your use of the Service.
6.1. You may stop using the Service at any time.
6.2. KickTheMap has the right to terminate this User Agreement immediately, without written notification to you, in case: a) you fail to comply with the terms and conditions of this User Agreement; b) KickTheMap ceases to provide the Service, in whole or in part; or c) in case the period of inactivity on your account reaches the 12 month breakpoint.
6.3. The termination of this User Agreement will not limit any of KickTheMap’s rights or remedies under this Agreement or at law.
6.4. KickTheMap’s warranty disclaimers, KickTheMap’s limitation of liability shall survive after the termination of the Agreement, as well as your indemnification obligations and any licenses you have granted.
7.1. This User Agreement will be governed by the laws of Switzerland.
7.2. Any dispute, controversy or claim arising out of or in relation with this User Agreement including the validity, invalidity, breach or termination thereof, shall be settled in Arbitration Court of Lausanne or Geneva, Switzerland.
8.1. This User Agreement and any document mentioned herein constitute the entire agreement between you and KickTheMap concerning the Service and supersedes any and all prior or contemporaneous oral or written representations and communications with respect to the Service.
8.2. Neither party is entitled to transfer rights and obligations under the present Agreement to third persons without a written consent thereto of the other party. -- End of KickTheMap application License Agreement --