Terms of use

Cyclomedia Technology B.V. (hereinafter also referred to as ’Cyclomedia') is listed in the Trade Register of the Netherlands Chamber of Commerce under number 16063843.

Terms of Use concerning Street Smart API, Street Smart widget for ArcGIS, ATLAS Recording Service API, ATLAS PanoramaRendering Service API and Atlas WmsRendering Service API (hereinafter solely or jointly referred to as ‘API’). The user of the API (‘the User’) is permitted to use the API subject to the following terms and conditions.

1. Terms and Conditions for Use of API

1.1. The User is permitted to use the API only for the purpose of integrating the software of Cyclomedia into the software owned or used by any present or future customer of Cyclomedia (‘the Application’). Except with the prior permission in writing of Cyclomedia, any other use is not permitted.

1.2. The User must observe secrecy in respect of the ‘developer key’ received from Cyclomedia for the purposes of gaining access to and the use of the API and may not disclose this key to third parties, other than for as far as necessary for integrating the Cyclomedia software in the Application.

1.3. The User must observe the technical and other rules, working methods, conditions and procedures that are issued from time to time by or on behalf of Cyclomedia.

1.4. The User is not permitted:

1.4.1.to misuse or have others misuse the API, either directly or indirectly, or to hinder or have others hinder the use thereof, which includes any use other than the use for which the API is reasonably intended;

1.4.2.to use the API for production tests or volume tests;

1.4.3.to sell the API, either wholly or partly, to third parties or to distribute, sublicense, disclose or transfer it in any other way;

1.4.4.to infringe the intellectual property rights owned by Cyclomedia or third parties with respect to the API, software, data files, websites, documentation and the like, including but not limited to performing or engaging others to perform ‘reverse engineering’ on the API unless expressly permitted under mandatory laws;

1.4.5.to use the brand names, domain names, logos and the like or to create the impression in any other way that the Application originates from Cyclomedia or has been approved by Cyclomedia.

1.5 The User agrees to indicate in the Application, at a place easily accessible to its users, that the Application has been developed with the API.

1.6 Cyclomedia reserves the right to verify, at any time it sees fit to do so, whether the use of the API is not contrary to these Terms of Use, for which purpose, the User will make it clear to Cyclomedia, at the latter’s request, how the API is used in the Application.

2. Provision of API

2.1 Cyclomedia shall make the API available by providing a ‘developer key’.

2.2 Cyclomedia provides the API and all associated documentation and/or software on an ‘AS IS’ basis.

2.3 Cyclomedia agrees to make an effort to ensure the availability of the API, but Cyclomedia is not under any obligation to make and keep the API available in a fully reliable manner and without any hindrance, interruption, failure, error and without the risk of being hacked.

2.4 Cyclomedia is entitled to change the API at any time. Cyclomedia shall make an effort to preserve ‘backward compatibility’ with the Application whenever it issues new releases, but Cyclomedia does not issue any guarantee in respect thereof.

3. Terms of Use of Image Material

3.1 The User is permitted to use the image material that is made accessible to the User through the API (the ‘Image Material’) for testing and demonstration purposes. If the User intends to use the Image Material for other purposes, the User must request Cyclomedia to grant approval for these intended purposes. Without the prior written approval of Cyclomedia, the User is not permitted to use the Image Material for purposes other than testing and demonstration.

3.2 The User must observe secrecy in respect of the ‘demo account’ received from Cyclomedia, which consists of a user name and/or a password for gaining access to the Image Material of Cyclomedia, and may not disclose this account to third parties.

3.3 Without the prior written approval of Cyclomedia, the User is not permitted to provide the Image Material to third parties.

3.4 Furthermore, without the prior written approval of Cyclomedia, the User is not permitted to:

3.4.1 alter or remove references to Cyclomedia in the Image Material;

3.4.2 communicate the Image Material to the public (including all possible Internet applications);

3.4.3 rent, lease, sublicense, sell, dispose of, pledge or transfer as security the Image Material, or to have the third parties use it under any legal basis or for any purpose;

3.4.4 trace metadata from the Image Material and the corresponding software to the extent that these metadata are not necessary for the intended use of the Image Material. The tracing of recording locations is not permitted under any circumstances.

4. Provision of Image Material

Cyclomedia shall make the Image Material available by providing a ‘demo account’, consisting of a user name and/or a password.

4.1 Before installation can be initiated, the User must ensure at his own expense that all applicable conditions for successful installation are satisfied.

4.2 The User must (a) refrain from disclosing access codes provided, (b) secure these effectively and (c) immediately report to Cyclomedia that he no longer has the access codes or that third parties also have these codes, failing which the User will be held liable for any loss or damage arising from this for Cyclomedia.

5. Personal Data and Security

5.1 The creation, provision or processing of Image Material may involve the processing of personal data within the meaning of the General Data Protection Regulation (‘GDPR’). Both the User and Cyclomedia must act in accordance with the GDPR and other statutory rules, codes of conduct, privacy rules and conditions.

5.2 The User must take any necessary steps to ensure that the Image Material is used or processed only for the purpose or purposes for which the Image Material was provided.

5.3 The User must inform Cyclomedia immediately about all relevant facts and circumstances as soon as he establishes any unauthorized use of the Image Material.

5.4 The User must immediately destroy the Image Material and all copies thereof – where the foregoing is in possession of the User – as soon as the demo period has ended.

5.5 Cyclomedia is never liable for any loss or damage arising from the processing of personal data by the User in violation of the GDPR or other relevant regulations in the field of personal data protection.

6. Suspension and End of Use

6.1 Cyclomedia is permitted to temporarily or permanently close or restrict the API at any time and without giving any reasons – and without liability to pay any compensation.

6.2 Cyclomedia is entitled to immediately discontinue the use of the API – without liability to pay any compensation – if the User fails to meet one or more of the conditions in these Terms of Use, or if Cyclomedia may reasonably assume that the User fails to satisfy any of these conditions.

7. Liability and Indemnity

7.1 Cyclomedia shall not be liable to the User or third parties for any loss or damage resulting from any use of the Image Material or the API, except in cases of willful intent or gross negligence on the part of Cyclomedia.

7.2 The User agrees to indemnify Cyclomedia for any claims brought by third parties resulting from the use of the Application or the Image Material.

These Terms and Conditions for Use are governed by Dutch law. Any and all disputes between the parties arising from or in connection with these Terms of Use or the use of the API and/or the Image Material shall be exclusively referred to the competent court in ‘s-Hertogenbosch, the Netherlands, in so far as no other court is appointed under mandatory laws.