You as used herein refers to you as an individual and/or the company or other legal entity on behalf of which the Terms have been accepted (“you” or “your”).
Any access and use of HERE services, applications, software, websites, content, data, platforms, APIs or other other materials (“HERE Materials”) provided by HERE are subject to separate terms and fees as applicable. In case of any conflict between such separate agreement and the Terms, the terms of the separate agreement prevail.
2. Minimum Age and Authorization
3. Registration and Use of the HERE Account
You may terminate the agreement based on these Terms at any time if you no longer wish to use the HERE Account. After termination, you will no longer have access to your HERE Account or any HERE Materials available through the HERE Account. In addition to any other termination rights available to it, HERE may terminate (ontbinden) the agreement based on these Terms and delete your HERE Account or restrict your access if HERE reasonably believes that (i) you have breached the Terms, (ii) there is a security threat, (iii) there is any misuse of the access credentials or any HERE Materials that are accessed through the HERE Account, or (iii) with prior notice if you have not signed in the HERE Account in the past six (6) months.
5. Changes to Terms
HERE may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, HERE will provide a separate notice advising of the change. You are responsible for regularly reviewing the Terms. You hereby agree that your continued use of any HERE Account constitutes your compelling evidence of your consent to any changes and modification. If you do not agree to the modifications to the Terms, you may not continue using your HERE Account.
The HERE Account may not be accessible from all countries and may be provided only in selected languages. The HERE Account may not be available during maintenance breaks and operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported. HERE may, in its sole discretion, change, correct or discontinue the HERE Account in whole or in part.
7. Intellectual Property Rights
HERE and/or its suppliers retain all intellectual property and other rights, title and interest in the HERE Account and all HERE Materials possibly provided or used through the HERE Account.
8. Exclusion of Warranty
THE HERE ACCOUNT AND ANY HERE MATERIALS ARE PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW (DWINGEND RECHT), NEITHER HERE, ITS AFFILIATES NOR ITS SUPPLIERS WARRANT THAT HERE MATERIALS WILL BE UNINTERRUPTED, ERROR OR VIRUS-FREE, ACCURATE OR COMPLETE. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY, INFORMATION OR CONTENT FROM OR WITHIN HERE MATERIALS.
9. Limitation of Liability
YOUR USE OF HERE ACCOUNT AND HERE MATERIALS IS AT YOUR OWN DISCRETION AND SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY MANDATORY LAW (DWINGEND RECHT), HERE, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR LOST PROFITS, LOST REVENUES, LOSS OR RECOVERY OF DATA, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR EXPENSES OF ANY KIND. IN NO EVENT SHALL THE TOTAL LIABILITY OF HERE, REGARDLESS OF THE LEGAL BASIS OF THE CLAIM (E.G. TORT, CONTRACT OR OTHERWISE), ITS AFFILIATES AND SUPPLIERS TO YOU EXCEED THE AMOUNT OF FIFTY EURO (50.00 €). The exclusions and limitations of liability in these Terms shall not apply to damages as a result of intent or deliberate recklessness (opzet of bewuste roekeloosheid) by HERE.
10. Choice of Law and Venue
Terms are exclusively governed by the laws of the Netherlands without regard to its conflicts of law provisions. Any dispute between you and HERE related to the Terms or the use of HERE Account shall exclusively be submitted to the competent court in Amsterdam, the Netherlands. However, if the dispute relates also to the use of any HERE Materials the applicable laws and the venue defined in the agreement covering the use of such HERE Materials shall apply. This exclusive designation of applicable law and forum shall leave unaffected your rights under the mandatory laws (dwingend recht) of your own country of residence.
The Terms are between you and HERE, except to the extent explicitly mentioned otherwise in these Terms. If a provision in the Terms is not enforceable under applicable mandatory law (dwingend recht), then the unenforceable part of the provision shall be removed, and the other provisions remain in full force and effect. There will not be any waiver of HERE’s rights unless expressly agreed to by HERE in writing. You may not assign or transfer your rights and obligations under the Terms without HERE’s express written consent. HERE may assign its rights and obligations under the Terms to its corporate parent, its subsidiaries, or to any company under common control with HERE. Additionally, HERE may assign its rights and obligations under the Terms to a third party in connection with a merger, acquisition, sale of assets or by operation of law.
HERE may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with HERE or to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.