Terms and Conditions

§ 1 Scope

These terms apply to all contracts for the provision of POI datasets between [TODO: Company name] (the "Provider") and the customer.

The offering is directed exclusively at entrepreneurs within the meaning of § 14 German Civil Code (BGB), at legal persons under public law and at special public-law funds. It is not directed at consumers within the meaning of § 13 BGB.

The customer's differing terms do not form part of the contract unless the Provider expressly agrees to them in text form.

§ 2 Formation of Contract

The presentation of services on the website does not constitute a binding offer. The contract is formed when the customer completes an order and the Provider confirms it or begins performance.

§ 3 Services

The Provider supplies structured datasets of points of interest (POI) for a city selected by the customer. The data is collected via the Google Places API, cleaned, deduplicated and made available for download in machine-readable form (Parquet, CSV or JSON).

The size of a dataset depends on what the data source holds at the time of collection. No particular number of records is owed.

§ 4 Credits

Datasets are paid for with credits. The number of credits a city costs depends on its population and is shown before the order is placed. Credits are deducted when the search is started.

If a collection fails for reasons attributable to the Provider, the deducted credits are credited back automatically. Credits are not redeemable for cash and are not transferable to third parties.

Credits granted under a subscription are valid for twelve months from the date of each grant and expire thereafter. Unused credits do not expire at the end of a billing period; they roll over. Credits bought individually do not expire. Credits closest to expiry are always used first.

§ 5 Licence

The customer receives a simple, non-exclusive, perpetual and non-transferable right to use and analyse the datasets obtained for its own business purposes, and to produce derived analyses from them.

The following are expressly not permitted:

• reselling, licensing or otherwise passing on the datasets for consideration in substantially unaltered form;
• making the datasets publicly available in their entirety;
• use for the purpose of building a competing data product.

Derived analyses — maps, reports or metrics, for example — may be used and published freely by the customer, provided they do not make the underlying dataset substantially reconstructible.

The Google Maps Platform terms of service remain unaffected and must be observed by the customer insofar as they apply to the data obtained.

§ 6 Data Protection and Removal Requests

Datasets may contain personal data, in particular where a recorded business is operated by a natural person as a sole trader. With regard to that data, Provider and customer are each independent controllers within the meaning of Art. 4(7) GDPR; this is not a processor relationship.

The customer is itself responsible for the lawfulness of its own processing. In particular, it must establish its own legal basis under Art. 6 GDPR and discharge its information obligations under Art. 14 GDPR.

Where the Provider notifies the customer that a removal request or objection has been received in respect of an entry, the customer shall delete that entry from all copies it holds without undue delay, and in any event within 30 days, and shall cease processing it.

This obligation implements Art. 19 GDPR: without it, a dataset already downloaded could not be reached by an erasure. It survives the end of the contract.

Details of the Provider's own processing are set out in the privacy policy.

§ 7 Prices and Payment

The prices displayed at the time of the order apply. All prices are exclusive of value added tax where applicable.

Payments are processed by Stripe Payments Europe, Ltd. The Provider does not store full payment details. For subscriptions, the fee falls due in advance at the start of each selected term.

§ 8 Warranty

The Provider collects the data with due care from a publicly accessible source. It does not, however, warrant the completeness, accuracy or currency of the entries, as these depend on the data source and lie outside its control.

In particular, it is not warranted that a dataset contains every business actually present in a city. Datasets reflect the position at the time of collection and become out of date.

§ 9 Liability

The Provider is liable without limitation for intent and gross negligence, under the German Product Liability Act, and for injury to life, body or health.

For slightly negligent breach of material contractual obligations, liability is limited to the foreseeable damage typical for this type of contract, and in any event to the fees paid in the twelve months preceding the damaging event. Liability is otherwise excluded.

§ 10 Term and Termination

Individual orders are fulfilled upon provision of the dataset. Subscriptions run for the selected period and renew automatically for the same period unless terminated before the end of the current period.

Termination is possible at any time in the customer account without giving reasons. Licence rights already acquired in delivered datasets are unaffected by termination.

Details of the right of withdrawal and of refunds are set out in the cancellation policy.

§ 11 Changes to These Terms

The Provider may amend these terms with effect for the future. Changes will be notified to the customer in text form at least 30 days before they take effect. If the customer does not object within that period, the changes are deemed accepted; the notification will draw separate attention to that effect.

§ 12 Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Where the customer is a merchant, a legal person under public law or a special public-law fund, the place of jurisdiction is the Provider’s registered seat.

Should any provision be invalid, the validity of the remaining provisions is unaffected.