Terms and conditions

BETWEEN ON THE ONE HAND
ITINEMAP, a simplified joint stock company registered with the RCS of Romans B under number 938 447 737, having its registered office at 1302 CHEMIN DE COURIOLE, 26260 BREN France, hereinafter referred to as "ITINEMAP";

AND ON THE OTHER HAND
The natural or legal person subscribing to ITINEMAP's services by Registration as defined in Article 1.7, hereinafter referred to as "Licensee". ITINEMAP and the Licensee are hereinafter referred to individually as "Party" and collectively as "Parties".

PREAMBLE

ITINEMAP is a company developing and marketing services in the field of interactive mapping. These services are provided for a fee under different subscription packages. In this context, ITINEMAP operates an interactive mapping platform integrating said services and bearing its name, Itinemap.
As a result of its development work, ITINEMAP holds the rights to a proprietary technology in the field of interactive mapping. This technology is implemented by its mapping platform.
The Parties have come together to define the conditions of the user license grant as well as the conditions of use of the Itinemap solution.

1. DEFINITIONS

1.1 License

"License" means this standard license agreement and terms of use, its appendices and any updated version.

1.2 Licensee Database

"Licensee Database" means the electronic database of which the Licensee is the producer of the content, in particular the points of interest, tracks, areas and other cartographic data.

1.3 Documentation

"Documentation" means any documentation provided by ITINEMAP, in electronic format, relating to the use of the SaaS Service.

1.4 Personal Data

"Personal Data" means any information that can directly or indirectly identify a natural person.

1.5 Licensee Data

"Licensee Data" means the content of the Licensee Database intended to be processed by the Software via the SaaS Service.

1.6 Software

"Software" means all the modules and functionalities of ITINEMAP's proprietary software that enable the SaaS Service to be provided.

1.7 Users

"End Users" means all potential users of the "Software" via the "Licensed Data".

1.8 Devices included in the "Software"

"API" means the data exchange interface, subject to prior identification of the "Licensee" via username and password, to read and modify the "Licensed Data" via web requests only.
"Administration Site" means the web application provided to the "Licensee" allowing it to contribute the "Licensed Data without code.
"User Application" means the web map application resulting from the contribution via “The Administration Site”.
“The Promotional Site” means the promotional site of the “Software”, intended to promote ITINEMAP.

1.9 Registration

"Registration" means access to the SaaS Service following an offer issued by ITINEMAP. ITINEMAP offers the following packages:

"Discover Package" (€290/month) including:

API access
Personalized illustrative map (1 map and 5 generations/month)
Points of interest (100 max)
Standard tracks (20 max)
Special tracks (20 max)
Triangulation (1 million points/month and 15 generations/month)
1 additional language

"Explorer Package" (€990/month) including:

API Access
Customized illustrative map (1 map and 10 generations/month)
Unlimited points of interest
Standard routes (50 max)
Special routes (50 max)
Routes (50,000 calls/month and 30 generations/month)
Triangulation (15 million points/month and 30 generations/month)
Advanced customization
Webcams
Route calculation (50,000/month)
2 additional languages
3 Unlimited collaborator invitations

"Pioneer Plan" (€2,490/month) including :

API Access
Customized illustrative map (2 maps and 50 generations/month)
Unlimited other features
Unlimited other quotas
Full customization
Advanced statistics
Unlimited languages

"Free Plan" (free and limited to 1 month) including the “Pioneer” features degraded as follows:

API Access
Customized illustrative map (1 map and 5 generations/month)
Points of interest (100 max)
Standard plots (20 max)
Special Tracks (20 max)
Routes (1000 calls/month and 15 generations/month)
Triangulation (1 million points/month and 15 generations/month)
No additional languages
No contributors
No customizable URL

"Custom" Registration for specific needs negotiated between the Parties.

2. PURPOSE

This Agreement defines the conditions under which ITINEMAP provides the Licensee with the interactive mapping SaaS Service, including, depending on the chosen formula:

Transforming plans into interactive maps
Managing points of interest and routes
Calculating routes
Visualizing data
Accessing APIs

3. ENFORCEABILITY

The License details all the provisions relating to the SaaS Service ordered by the Licensee from ITINEMAP. It is systematically made available to the Licensee before any subscription. The Licensee acknowledges having read it and accepts it without reservation.

4. DURATION

4.1 Entry into force

The License takes effect upon Signature of the Registration form and upon receipt of payment on the platform dedicated to this purpose.

4.2 Duration

The License is concluded for a period of one (1) month, or twelve (12) months, unless special conditions are negotiated.

4.3 Renewal

At the end of the initial term, the Contract is tacitly renewed for identical periods, unless terminated by one of the Parties three (3) months before the deadline.

5.1 Prerequisites for access to the SaaS Service

Users must have:

A recent and up-to-date web browser (Chrome, Firefox, Safari, Edge)
A high-speed Internet connection
The necessary administration rights on their workstation

5.2 Accessibility of the SaaS Service

The Licensee has permanent access to the SaaS Service via the Internet, twenty-four (24) hours a day, seven days a week, (7) days a week (7), except:

Planned maintenance with prior information
Technical incidents
Force majeure

5.3 Management of User Identifiers

5.3.1 Security of Identifiers

Identifiers are personal and confidential. The Licensee is responsible for their security.

5.3.2 Change of User

Access rights cannot be shared but can be reassigned.

5.3.3 Loss - theft - usurpation

The Licensee must immediately inform ITINEMAP in the event of compromise of the identifiers.

5.4 Limits of use of the SaaS Service

5.4.1 General limits

Use in accordance with the quotas of the subscribed formula.

5.4.2 Specific restrictions

Prohibition of:

Redistributing the service
Practicing reverse engineering
Circumventing technical limitations

6. TERMS OF SUPPLY

6.1 Hosting

The data is hosted in the EU on secure servers via the Amazon Web Services platform, zone “eu-west-1”.

6.2 Maintenance

ITINEMAP ensures:

Corrective maintenance
Security updates
Functional developments
Daily backups

7. SUPPORT

Technical support according to the formula:

Discover: Email only
Explorer: Email and phone
Pioneer: Email and phone take priority over other formulas
Free: Support via the administration site only

8. INTELLECTUAL PROPERTY

8.1 ITINEMAP Rights

ITINEMAP is and remains the owner of all intellectual property rights on:

The source code of the Solution
The user interfaces
The algorithms
The documentation
The trademarks and logos

8.2 Rights of the Licensee

The Licensee remains the owner of:

Its map data
Its points of interest
Its routes
Its usage statistics

8.3 OpenStreetMap License

The Solution uses OpenStreetMap data under ODbL license. The Licensee undertakes to:

Comply with the ODbL license
Maintain attributions
Do not alter the data
Share improvements identically

8.4 License of contributed content

The Licensee, regarding the content it publishes via The Solution, is required to:

Ensure that the text content is royalty-free
Use royalty-free images or images that it owns

9. CONFIDENTIALITY

9.1 Confidential information

The following are considered confidential:

The commercial conditions
The Licensee's data
The know-how of the Parties
The technical information

9.2 Commitments

The Parties undertake to:

Maintain the confidentiality of the information
Not disclose it to third parties
Take all necessary measures
Maintain this commitment 5 years after the end of the contract

10. PROTECTION OF PERSONAL DATA

10.1 Responsibilities

ITINEMAP acts as a subcontractor within the meaning of the GDPR.

The Licensee is responsible for the processing of its data.

10.2 ITINEMAP's commitments

ITINEMAP undertakes to:

Process data only for the intended purposes
Guarantee confidentiality
Take all useful precautions
Help the Licensee to comply with its obligations

10.3 Data security

Measures implemented:

Data encryption
Access control
Regular backups
Continuous monitoring

11. FEES

11.1 Package prices

Discover: €290/month or €2,800 for 12 months
Explorer: €990/month or €9,500 for 12 months
Pioneer: €2,490/month or €24,000 for 12 months

11.2 Payment terms

Monthly or annual billing Payment in 30 days By direct debit or bank transfer.

11.3 Late payment

In the event of late payment:

Interest at the ECB rate + 10 points
Fixed compensation of €40
Possible suspension of service after 5 days

12. SUSPENSION AND TERMINATION

12.1 Immediate suspension

ITINEMAP may suspend access to the SaaS Service in the event of:

Non-payment
Abusive or fraudulent use
Non-compliance with the T&Cs
Security risk
Use of the service for the dissemination, hosting or promotion of pornographic, obscene or sexually explicit content

12.2 Termination without notice

Immediate termination may occur in the event of:

Serious breach of the T&Cs
Infringement of intellectual property
False declaration
Illegal use

12.3 Termination with notice

Termination upon expiry: 3 months' notice
Termination for convenience: 1 month's notice
Change of conditions: 30 days to accept

12.4 Consequences of termination

At the end of the contract:

Immediate cessation of access
Data export possible within 2 months
Permanent deletion after 60 days
Payment of amounts due

13. FORCE MAJEURE

13.1 Definition

The following constitute force majeure:

Natural disasters
Fires or floods
Wars or terrorism
Pandemics
Government restrictions
Major network outages

13.2 Effects

In the event of force majeure:

Suspension of obligations
Information of the other party within 5 days
Resumption at the end of the event
Termination possible after 30 days

14. ASSIGNMENT AND SUBCONTRACTING

14.1 Assignment

Prohibited for the Licensee except with written agreement Possible for ITINEMAP with information Conditions maintained for the assignee

14.2 Subcontracting

ITINEMAP may subcontract:

Hosting
Maintenance
Technical support
Ancillary services

15. SUBCONTRACTORS

15.1 List of subcontractors

Hosting: Amazon Web Services
Database: Amazon Web Services
Business API: Google Cloud Platform, Open Weather
Identity: Auth0
Payment: Stripe
Consent: Cookie Script

15.2 Guarantees

Subcontractors are subject to:

Obligations of confidentiality
Security requirements
GDPR compliance
Regular audits

16. ITINEMAP'S LIABILITY

16.1 Limitations of liability

ITINEMAP cannot be held responsible for:

Contents published by the Licensee
Indirect or unforeseeable damages
Business or data losses
Internet connection problems
Force majeure

16.2 Liability ceiling

ITINEMAP's liability is limited to the amount of sums collected over the last 12 months.

16.3 Insurance

ITINEMAP declares to hold a professional liability insurance.

17. LICENSEE'S LIABILITY

The Licensee is responsible for:

The content he publishes
The use of identifiers< /li>
Respect for the rights of third parties
Security of access
Proper use of the service

18. MISCELLANEOUS PROVISIONS

18.1 Non-transferability

The contract is concluded intuitu personae and cannot be assigned without agreement.

18.2 Nullity – invalidity

The invalidity of a clause does not affect the validity of the other provisions.

18.3 Waiver

The failure to exercise a right does not constitute a waiver of that right.

18.4 Commercial References

ITINEMAP may cite the Licensee as a reference, unless expressly refused.

19. APPLICABLE LAW AND JURISDICTION

These terms and conditions are subject to French law. Any dispute falls under the exclusive jurisdiction of the Commercial Court of Romans sur Isère, 26100 Drôme , France.