Terms of Service
These Terms of Service (the "Terms" or this "Agreement") govern your access to and use of the OuterMap platform and related services. Please read them carefully. By accessing, registering for, downloading, or otherwise using the Services, you agree to be bound by this Agreement. If you do not agree, you must not access or use the Services.
1. Acceptance and eligibility
This Agreement is entered into by and between you ("Customer", "User" or "you") and OuterMap, operated by Codequantum Technologies Pvt Ltd ("OuterMap", "we", "us" or "our"). By accessing or using the Services, you certify that you are at least eighteen (18) years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into this Agreement. If you are using the Services on behalf of an organisation, you represent and warrant that you are authorised to bind that organisation to this Agreement, in which case "Customer" and "you" refer to that organisation.
2. The Services
"Services" means, collectively, the OuterMap website, web application, application programming interfaces ("API"), artificial-intelligence map-processing engine ("AI Features"), mobile application ("Mobile App"), and related software, documentation and offerings made available by OuterMap. Through the Services, organisations may upload a map image or floor plan, generate an editable digital map with the assistance of the AI Features, manage points of interest, paths, content and metadata, and publish branded, offline-capable web and mobile wayfinding maps. Through the Mobile App, end users may explore published maps, search and navigate to points of interest, record trail activity using their device's positioning capabilities, scan codes to open maps, and submit reviews and community content. The Services are software-only and do not require or supply positioning hardware. OuterMap may, at any time and in its sole discretion, modify, enhance, suspend or discontinue any feature or functionality of the Services, and features may vary by plan and platform.
3. Plans, order acceptance and fees
OuterMap offers a free "Launch" plan and a paid "Enterprise" plan. The features, limits and current terms of each plan are described on our website and may be updated from time to time on reasonable notice. The Launch plan is provided free of charge and may be subject to usage limits. Access to the Enterprise plan is provided pursuant to a separate order form or written agreement (each, an "Order Form"), which governs the applicable fees, scope, term and any additional terms; in the event of a conflict, a signed Order Form prevails over this Agreement to the extent of that conflict. Except as set out in an Order Form, fees are non-refundable. You are responsible for all taxes, duties and similar charges associated with your use of the Services, other than taxes based on OuterMap's net income.
4. Accounts, security and support
To access certain parts of the Services you must register an account. Account credentials differ by platform: the web application uses an email address and password, and the Mobile App uses a mobile telephone number verified by a one-time passcode. You agree to provide accurate and complete registration information and to keep it current. You are responsible for safeguarding your credentials and for all activities that occur under your account, and you must notify us promptly at support@outermap.com of any unauthorised use or suspected breach of security. Technical support is provided as described for your plan or in your Order Form.
5. Ownership of the Services; licence to you
The Services, including all software, technology, designs, text, graphics, documentation and other materials provided by OuterMap, and all intellectual-property rights therein, are and remain the exclusive property of OuterMap and its licensors. Subject to your continued compliance with this Agreement and payment of any applicable fees, OuterMap grants you, during the term of this Agreement, a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your internal business purposes (or, for end users, for personal, non-commercial use), solely as expressly permitted herein. No rights are granted other than those expressly set out in this Agreement, and OuterMap reserves all rights not expressly granted. The OuterMap name, logo and branding are trademarks of OuterMap and may not be used without our prior written permission, except as reasonably required to identify your authorised use of the Services.
6. Restrictions on use
You shall not, and shall not permit any third party to:
- (a) use the Services in violation of any applicable law or regulation, or to infringe or misappropriate the rights of any third party;
- (b) upload or transmit any malicious code, or any unlawful, infringing, defamatory, harassing or otherwise objectionable content, or content you do not have the right to use;
- (c) copy, modify, translate, or create derivative works of the Services, or reverse engineer, decompile or otherwise attempt to derive the source code or underlying structure of the Services, except to the extent such restriction is prohibited by applicable law;
- (d) rent, lease, sell, resell, sublicense, distribute or otherwise provide the Services to any third party on a standalone or "white-label" basis without our prior written consent;
- (e) remove, obscure or alter any proprietary notices, trademarks or labels contained in or on the Services;
- (f) access the Services to build a competing product, or scrape, data-mine, frame, or use automated means to access the Services other than through a documented API as permitted by your plan;
- (g) attempt to gain unauthorised access to the Services, other accounts, or any related systems or networks, or circumvent any security or access controls; or
- (h) exceed the usage limits applicable to your plan, or use the Services in a manner that interferes with their integrity or performance.
7. Customer Content and licence to OuterMap
"Customer Content" means the maps, floor plans, images, points of interest, descriptions, metadata and other content you upload to or create through the Services. As between the parties, you retain all right, title and interest in and to your Customer Content. You grant OuterMap a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, transmit and display Customer Content solely to the extent necessary to provide, maintain, secure and support the Services for you. You represent and warrant that you own or have obtained all rights, consents and permissions necessary to upload your Customer Content and to grant the foregoing licence, and that your Customer Content does not infringe or violate the rights of any third party. OuterMap does not claim ownership of Customer Content and does not sell Customer Content or display third-party advertising on your maps.
8. User Content and community conduct
"User Content" means reviews, ratings, comments, trail notes, photographs and other content submitted by end users through the Services, including through the Mobile App. You retain ownership of your User Content and grant OuterMap a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and display that User Content within and in connection with the Services. You are solely responsible for your User Content and represent that you have the right to submit it.
You agree not to submit, upload or transmit any User Content, and not to engage in any conduct, that is unlawful, abusive, threatening, harassing, hateful, obscene, sexually explicit, discriminatory, misleading, defamatory, or otherwise objectionable. OuterMap has zero tolerance for objectionable content and abusive behaviour, and reserves the right to review, moderate, refuse, remove or restrict access to any User Content, and to suspend or terminate the account of any user, that we believe violates this Agreement or applicable law.
The Mobile App provides in-app functionality for users to report objectionable content and to block other users. Blocking a user immediately removes that user's content from your feed and notifies us so that we can review it. We aim to review reports of objectionable content or abusive behaviour, and to remove violating content and take appropriate action against the responsible user, including suspending or terminating their account, within twenty-four (24) hours of a report.
9. Published and public maps
Maps published as "public" may be accessed by anyone without signing in and may be embedded into third-party websites. You are solely responsible for ensuring that any content you publish, and in particular any content you make public, is accurate, lawful and appropriate for the intended audience, including with respect to any personal information it may contain. Our handling of personal information is described in our Privacy Policy.
10. AI Features
The AI Features generate an editable draft map from content you provide. The AI Features do not publish content autonomously: you are responsible for reviewing, editing and approving any AI-generated output before it is published, and for verifying its accuracy. OuterMap does not use your Customer Content to train third-party artificial-intelligence models. You acknowledge that automated processing may contain errors and that the output is provided for your review.
11. Third-party services and links
The Services may interoperate with, or contain links to, third-party products, services or websites that are not owned or controlled by OuterMap. We provide such interoperability and links for convenience only and are not responsible for the content, accuracy, availability or practices of any third party. Your use of third-party services is governed by those third parties' own terms and policies, and any dealings between you and such third parties are solely between you and them.
12. Privacy
Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use and disclose personal information, and our Cookie Policy. By using the Services, you acknowledge those policies.
13. Term, termination and effect of termination
This Agreement applies for as long as you use the Services. You may terminate it at any time by ceasing to use the Services and, where applicable, closing your account. We may suspend or terminate your access, in whole or in part, for material breach of this Agreement (subject, where practicable, to notice and a reasonable opportunity to cure), for non-payment of applicable fees, or as required to protect the Services or comply with law. Upon termination, your right to access and use the Services ceases. Following termination you may, within a reasonable period and where the relevant features permit, export your Customer Content, after which we may delete or de-identify it in accordance with our Privacy Policy. Sections that by their nature should survive termination (including ownership, restrictions, disclaimers, limitations of liability, indemnification and governing law) will survive.
14. Confidentiality
Each party may receive non-public information of the other that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). The receiving party will protect such Confidential Information using at least a reasonable standard of care, will use it only as necessary to perform under this Agreement, and will not disclose it to third parties except to those who need to know it and are bound by comparable obligations. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was lawfully known without restriction, or is independently developed.
15. Warranties and representations
Each party represents and warrants that it has the legal authority to enter into and perform this Agreement. You further represent and warrant that your use of the Services, your Customer Content and your User Content will comply with this Agreement and all applicable laws.
16. Warranty disclaimer
EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. OUTERMAP AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. OUTERMAP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY MAPPING, NAVIGATION, LOCATION OR OTHER DATA WILL BE COMPLETE OR ACCURATE. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY WARRANTY OR RIGHT THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Informational use; not for mission-critical or emergency reliance
The Services provide informational wayfinding and location features. Navigation, trail-recording, distance, speed, elevation and similar information depend on your device's positioning capabilities and surrounding conditions and may be inaccurate. THE SERVICES ARE NOT DESIGNED OR INTENDED FOR USE IN ANY SITUATION WHERE FAILURE OR INACCURACY COULD LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL OR ENVIRONMENTAL DAMAGE, AND MUST NOT BE RELIED UPON AS A SUBSTITUTE FOR EMERGENCY SERVICES, OFFICIAL SIGNAGE, OR PROFESSIONALLY CERTIFIED NAVIGATION OR SAFETY SYSTEMS. You are responsible for exercising your own judgement and taking appropriate precautions.
18. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUTERMAP OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUTERMAP'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO OUTERMAP FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND (B) ONE HUNDRED UNITED STATES DOLLARS (US$100). NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING ANY MANDATORY CONSUMER RIGHTS.
19. Indemnification
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless OuterMap and its affiliates, officers, employees and agents from and against any third-party claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to your Customer Content or User Content, your use of the Services in breach of this Agreement, or your violation of any law or third-party right. OuterMap will provide prompt notice of any such claim and reasonable cooperation, and you will not settle any claim in a manner that imposes obligations on OuterMap without its prior written consent.
20. Changes to the Services and to these Terms
We may modify the Services or this Agreement from time to time. Where changes to this Agreement are material, we will provide notice through the Services or by other appropriate means before they take effect. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of them. If you do not agree to the updated Terms, you must stop using the Services.
21. Governing law and disputes
This Agreement is governed by and construed in accordance with the laws of India, the jurisdiction in which Codequantum Technologies Pvt Ltd is incorporated, without regard to its conflict-of-laws principles, and the courts of competent jurisdiction in India will have jurisdiction over disputes, except that nothing in this clause deprives you of the protection of any mandatory consumer-protection or data-protection rights available to you under the laws of your country of residence. For Enterprise customers, a signed Order Form may specify a different governing law and venue, which will prevail for that customer. The parties will first attempt in good faith to resolve any dispute informally before resorting to formal proceedings.
22. Miscellaneous
This Agreement, together with any applicable Order Form and the policies referenced herein, constitutes the entire agreement between the parties regarding the Services and supersedes all prior or contemporaneous agreements on that subject. If any provision is held to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be interpreted to achieve its intended effect to the extent permitted by law. You may not assign or transfer this Agreement without our prior written consent; we may assign it in connection with a merger, acquisition, reorganisation or sale of assets. Our failure to enforce any provision is not a waiver of it. Neither party is liable for any delay or failure to perform due to causes beyond its reasonable control. Notices to OuterMap may be sent to the contact address below.
23. Contact
If you have any question about this Agreement, please contact us at support@outermap.com.