These terms apply for the use of HERE Products and Services made available on developer.here.com, xyz.here.com or simlar HERE business to business services websites.

 

 

1. Acceptance

These HERE Service Terms for Businesses together with the Privacy Policy and all other additional terms and information that may be provided within the Service (collectively “Terms”) govern your use of the service, site, content and software (collectively the "Service"). By registering for or using the Service or any portion of it you accept the Terms.

The Terms constitute an agreement between you and HERE Global B.V., Kennedyplein 222 -226, 5611 ZT Eindhoven, Netherlands, including its affiliates and suppliers (collectively “HERE”), defining your and HERE’s rights and responsibilities with respect to the Service.

2. Eligibility

To use the Service, you must be at least thirteen (13) years of age. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept your registration on your behalf and approve your use of the Service. Anyone completing the registration must be legally competent.

3. Registration and Termination

To use a Service you may need to register and create a HERE account with username and a password. You may need to provide us with certain personal and other information. HERE may verify your email address before account can be used.

You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You must take due care to protect your username and password against misuse by others and promptly notify HERE about any misuse. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the Service.

You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. HERE may terminate your registration or restrict your access to certain parts of the Service if HERE reasonably believes that you have breached the Terms or with prior notice if you have not signed into the Service with your username in the past six (6) months.

Except as set forth in the Privacy Policy, HERE is not responsible for any removal or loss of the information or content you have submitted to the Service. When information or content is removed from the Service by either you or HERE, traces or copies may still remain elsewhere.

4. Licenses

HERE grants you a non-exclusive, non-transferable license, revocable at any time at HERE’s sole discretion, to access and use the Service strictly in accordance with the Terms. Use of the Service does not grant you any intellectual property rights in or to any information or content in the Service.

As part of the Service, HERE may provide you with content developed by HERE or its licensors (“Content”). HERE grants you a non-exclusive and perpetual license to use Content for the purpose it is intended, unless otherwise defined in the applicable Terms or the purchase order. Some Content may only be available to residents of certain geographical areas. You are bound by any restrictions applicable to specific Content you obtain through the Service. Any license acquired to third-party Content is a binding agreement between you and the third-party Content provider. You have only the rights to the Content which are expressly granted here.

As part of the Service, HERE may provide you with certain software developed by HERE or, its licensors (“Software”). Your use of Software may be subject to separate terms and conditions that you must accept before using the Software. If there are no separate terms and conditions applicable to such Software, the following terms apply: HERE grants to you a limited, non-exclusive, non-transferable right to install and use the Software on your computer and/or mobile device. You may not copy the Software, except to make a single archival backup copy. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the Software. For open source licensed software, applicable open source license terms apply.

The Software maybe subject to export controls under the U.S. Export Administration Regulations and other import or export control regulations. You agree to strictly comply with all applicable import and export regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, transfer, or import such Software.

You may be able to submit information or content (“Material”) to the Service. HERE does not claim ownership in your Material. Your submission of Material does not transfer ownership of rights of the Material to HERE. HERE is only transmitting the Material and is not responsible for editorial control over it. By submitting Material to the Service you grant HERE a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the Material to incorporate the Material into other works, and to grant similar sublicenses to the extent necessary for HERE to provide the Service. You may be able to adjust this grant in the privacy and other settings of the Service.

You are solely responsible for taking backup copies of the data you store on the Service, including Content you upload. If the Service is discontinued or canceled, HERE may permanently delete your data. HERE has no obligation to return data to you after the Service is discontinued or canceled.

5. Notices

HERE may post notices within the Service. HERE may also send you notices about products and Services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from HERE sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.

6. Fees

Your use of the Service may be or may become subject to charges.

Any fees charged by HERE will be announced separately in connection with the Service. 

Use of the Service may involve transmission of data through your service provider’s network. Prices listed within the Service do not include possible data transmission, text message, voice or other service provision charges by your network service provider. 
HERE assumes no responsibility for the payment of any charges of your service providers.

7. Feedback to HERE

By submitting any ideas, feedback and/or proposals ("Feedback") to HERE through the Service or other means, you acknowledge and agree that: (1) HERE may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) HERE is not under any obligation of confidentiality with respect to the Feedback; (4) HERE may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from HERE.

8. Social Activities and Location Sharing

You may use features in the Service to share your location, status, content, Materials or personal information or to interact with other users, sites and services. By using these features you agree that HERE may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information. In using these features you agree not to share information, Content or Material or to link to any service or site that: (a) contains content or other material that is illegal or inappropriate; or (b) exploits intellectual property rights without authorization or encourages users to piracy. Any interaction does not involve HERE and is solely between you and the other user(s).

9. Availability and Technical Requirements

The availability of Content and the Service may vary and is subject to HERE’s sole discretion. HERE expressly disclaims any representation or warranty that any particular Content or Service will be available. The Service may not be available in all countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.

To access the Service, you may need to download a specific piece of software developed by HERE or by another party.

HERE may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times. To ensure you have the latest HERE device software and applications, your device may automatically check for the availability of software updates from HERE. If any are detected you will be prompted to approve the installation. You may disable automatic checking for updates through settings in your device. You may also install software through available software update channels. If HERE considers a Software update to be important or critical you may not continue using the previous version of the Software. HERE may prevent your use of the previous version of the Software or Service until you install the update.

HERE may disable any Content or Software contained in your Service account for any reason and remove any Content or Software and/or disable copies of any application on your device in order to protect the Service, application providers, wireless carriers over whose network you access the service or any other affected or potentially affected parties.

A particular service may be a pre-release version, for example a beta release, and may not work in the way a final version works. HERE may significantly change any version of Service or Software or decide not to release a final version.

10. Links to Third Party Sites and Content

HERE may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of these sites or services before using these sites or services.

HERE has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that HERE endorses the site or the products or services referenced in the site.

In addition, you and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. HERE is not responsible for this type of content or links.

11. Advertisements

The Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.

12. Personal Data

The Privacy Policy and any additional privacy information made available to you govern the use of your personal data.

13. Limitation of Liability

The Service is provided on “AS IS” and “AS AVAILABLE” basis. HERE does not warrant that the Service will be uninterrupted or error or virus-free. 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 of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.

Except for liability for death or personal injury caused by its gross negligence or intentional misconduct, HERE is not liable for any direct damages caused by your use or inability to use the Service. In no case will HERE be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service.

14. Miscellaneous

14.1 Choice of Law

The Terms are governed by the laws of the Netherlands without regard to its conflicts of law provisions.

14.2 Validity

The Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid, the remaining provisions will not be affected and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Terms. In the event one or more provisions of these Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole. If there is any conflict between these HERE Service Terms and the Privacy Policy, the provisions of these HERE Service Terms prevail. The provisions of the Terms that are intended to survive termination of your registration remain valid after termination.

14.3 Changes in 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. Your continued use of the Service constitutes your consent to any changes and modification.

15. Intellectual Property

The Service, Content and Software are protected under international copyright laws. HERE claims copyrights in its Service, Content, and Software to the maximum extent of the law. Subject to the Terms, HERE retains all right, title and interest in the Service, its Content, the Software and in all other HERE products, software and other properties provided to you or used by you through the Service.

16. Assignment

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. Additionally, HERE may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.