Terms of service

Between the parties

ITINEMAP, a simplified joint-stock company registered with the Romans Trade and Companies Register B under number 938 447 737, with its registered office at 1302 chemin de Couriole, 26260 Bren, France, hereinafter referred to as “ITINEMAP”;

And the natural or legal person subscribing to ITINEMAP's services through the Registration as defined in article 1.9, hereinafter referred to as the “Licensee”. ITINEMAP and the Licensee are referred to individually as a “Party” and collectively as the “Parties”.

Preamble

ITINEMAP develops and markets services in the field of interactive mapping, provided for a fee under different subscription plans. To this end, ITINEMAP operates an interactive mapping platform bearing its name, Itinemap.

As the result of its development work, ITINEMAP owns the rights to a proprietary technology implemented by its mapping platform. The Parties have come together to define the terms of the licence grant and the terms of use of the Itinemap solution.

1. Definitions

1.1 Licence: this standard licence agreement and terms of use, its appendices and any updated version.

1.2 Licensee Database: the electronic database whose content is produced by the Licensee, in particular points of interest, routes, zones and other mapping data.

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

1.4 Personal Data: any information making it possible to identify a natural person directly or indirectly.

1.5 Licensee Data: the content of the Licensee Database intended to be processed by the Software through the SaaS Service.

1.6 Software: all the modules and features of ITINEMAP's proprietary software that make it possible to provide the SaaS Service.

1.7 End users: all potential users of the Software through the Licensee Data.

1.8 Components included in the Software: the “API”, a data exchange interface subject to prior identification of the Licensee, used to read and modify the Licensee Data through web requests; “the administration site”, a web application enabling the Licensee to contribute the Licensee Data without code; “the user application”, the web map application resulting from contributions made through the administration site; “the promotional website”, a site intended to promote ITINEMAP.

1.9 Registration: access to the SaaS Service following an offer issued by ITINEMAP, under the Discover, Explorer, Pioneer or Free plans (free of charge, limited to 1 month, with reduced features) or a custom registration negotiated between the Parties.

1.10 Additional options: additional contributors, additional languages, additional maps (up to 3 maps, a licence being strictly limited to a single geographical site, additional maps being reserved for seasonal or functional variations of that site) and the DATA Heatmaps option, reserved for the Explorer and Pioneer plans.

2. Purpose

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

• Turning maps into interactive maps
• Management of points of interest and routes
• Route calculation
• Data visualisation
• API access

3. Enforceability

The Licence sets out 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. Term

4.1 Entry into force: the Licence takes effect upon signature of the Registration form and receipt of payment on the platform dedicated to that purpose.

4.2 Term: the Licence is concluded for a term of one (1) month or twelve (12) months, unless specific terms are negotiated.

4.3 Renewal: at the end of the initial term, the Agreement is tacitly renewed for identical periods, unless terminated by either Party three (3) months before the expiry date.

5. Access to the SaaS Service

5.1 Prerequisites: Users must have a recent and up-to-date web browser (Chrome, Firefox, Safari, Edge), a high-speed Internet connection and the necessary administration rights on their workstation.

5.2 Availability: the Licensee has permanent access to the SaaS Service, twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance announced in advance, technical incidents or force majeure.

5.3 Credentials: credentials are personal and confidential; the Licensee is responsible for their security. Access rights may not be shared but may be reassigned. The Licensee must inform ITINEMAP immediately in the event of loss, theft or misuse.

5.4 Usage limits: use must comply with the quotas of the subscribed plan. It is forbidden to redistribute the service, to carry out reverse engineering or to circumvent technical limitations.

6. Provision arrangements

6.1 Hosting: data is hosted in the European Union on secure servers via the Amazon Web Services platform, “eu-west-1” region.

6.2 Maintenance: ITINEMAP provides corrective maintenance, security updates, functional improvements and daily backups.

7. Support

• Discover: email only
• Explorer: email and telephone
• Pioneer: email and telephone, with priority over the other plans
• Free: support through the administration site only

8. Intellectual property

8.1 ITINEMAP is and remains the owner of all intellectual property rights in the source code of the solution, the user interfaces, the algorithms, the documentation, the trademarks and the logos.

8.2 The Licensee remains the owner of its mapping data, its points of interest, its routes and its usage statistics.

8.3 OpenStreetMap licence: the solution uses OpenStreetMap data under the ODbL licence. The Licensee undertakes to comply with the ODbL licence, maintain attributions, refrain from altering the data and share improvements alike.

8.4 Contributed content: the Licensee ensures that text content is royalty-free and uses images that are royalty-free or that it owns.

8.5 AI-generated visuals: some illustrative visuals on the ITINEMAP website and in its communication materials were generated or edited using artificial intelligence tools. These visuals are purely illustrative, do not necessarily depict real places, people or situations, and do not constitute any contractual commitment as to the exact appearance of the SaaS Service or of the maps delivered.

9. Confidentiality

The following are considered confidential: commercial terms, Licensee data, the know-how of the Parties and technical information.

The Parties undertake to preserve the confidentiality of the information, not to disclose it to third parties, to take all necessary measures and to maintain this commitment for five (5) years after the end of the agreement.

10. Personal data protection

10.1 ITINEMAP acts as a processor within the meaning of the GDPR. The Licensee is the controller of its data.

10.2 ITINEMAP undertakes to process the data solely for the intended purposes, to guarantee confidentiality, to take all useful precautions and to help the Licensee comply with its obligations.

10.3 Security: data encryption, access control, regular backups and continuous monitoring.

11. Fees

11.1 The prices of the plans are those communicated at the time of Registration and recalled on the pricing page.

11.2 Payment terms: monthly or annual invoicing, payment within 30 days, by direct debit or bank transfer.

11.3 Late payment: interest at the ECB rate plus 10 points, a fixed indemnity of €40, and possible suspension of the service after 5 days.

12. Suspension and termination

12.1 ITINEMAP may suspend access in the event of non-payment, abusive or fraudulent use, non-compliance with the conditions, a security risk, or use of the service to distribute, host or promote pornographic, obscene or sexually explicit content.

12.2 Immediate termination may occur in the event of a serious breach of the conditions, infringement of intellectual property, false declaration or unlawful use.

12.3 Termination with notice: three (3) months before the expiry date, one (1) month for convenience, thirty (30) days to accept a change to the conditions.

12.4 Consequences: immediate closure of access, data export possible within two (2) months, permanent deletion after sixty (60) days, payment of amounts due.

13. Force majeure

Force majeure events include natural disasters, fires or floods, war or terrorism, pandemics, government restrictions and major network outages.

In the event of force majeure: obligations are suspended, the other Party is informed within five (5) days, performance resumes as soon as the event ends and termination is possible after thirty (30) days.

14. Assignment and subcontracting

14.1 Assignment is prohibited for the Licensee without written agreement; it is possible for ITINEMAP subject to notice, the conditions being maintained for the assignee.

14.2 ITINEMAP may subcontract hosting, maintenance, technical support and ancillary services.

15. Subprocessors

Subprocessors are subject to confidentiality obligations, security requirements, GDPR compliance and regular audits.

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

16. ITINEMAP's liability

16.1 ITINEMAP may not be held liable for content published by the Licensee, indirect or unforeseeable damage, loss of business or data, Internet connection problems or force majeure events.

16.2 ITINEMAP's liability is limited to the amount of the sums received during the last twelve (12) months.

16.3 ITINEMAP declares that it holds professional civil liability insurance.

17. Licensee's liability

• For the content it publishes
• For the use of credentials
• For compliance with third-party rights
• For the security of its access
• For compliant use of the service

18. Miscellaneous provisions

18.1 The agreement is concluded intuitu personae and may not be assigned without agreement.

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

18.3 Failure to exercise a right does not constitute a waiver of that right.

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

19. Governing law and jurisdiction

These terms of use are governed by French law. Any dispute falls within the exclusive jurisdiction of the Commercial Court of Romans-sur-Isère, 26100 Drôme, France.