ARTICLE 1: Object
ARTICLE 2: Legal disclaimer
The publisher of the api.smappen.fr and smappen.fr websites is OALLEY SAS (SIREN: 843 086 562), located at: 85, Allées Charles de Fitte – 31300 Toulouse – France.
Director of publishing is Mr. Faudemer Dan.
The host for the api.smappen.fr, smappen.fr and smappen.com websites is OVH SAS, located at: 2, rue Kellermann – 59100 Roubaix – France.
ARTICLE 3: Definitions
The following clause aims to define the essential terms of this contract:
- User: any person who uses the website or the services provided by the website.
- User content: the data handled by the User within the website.
- Member: the User becomes a member when they are identified on the website.
- Username and password: all the information necessary to the identification of a User on the website. The username and password allow the User to access services restricted to website members. Passwords are confidential.
- API: all the services provided by the website in its current form.
ARTICLE 4: Access to services
The website is accessible anywhere to any User with an Internet access. All purchases necessary to access the service (hardware, software, Internet connection, etc.) are at the expense of the User.
A non-member User does not have access to member-restricted services. To gain access, they must sign up with their e-mail address and password.
The User can contact the website by e-mail at the address firstname.lastname@example.org.
Only members can access smappen services.
ARTICLE 5: Intellectual property
All brands, logos and other website contents are protected by the intellectual property Code and more specifically by copyright law.
smappen commits to never using your name or logo against your company’s interest or in a way that would tarnish its reputation.
ARTICLE 6: Personal data
smappen considers the protection of your data to be particularly important.
The information requested when signing up to the website are necessary and mandatory in order to create a user account. In particular, the e-mail address will be used by the website for administrative purposes and to manage the service.
The website ensures that the gathering and processing of the User’s personal data will conform to the January 6th 1978 law N°78-17 regarding computing, data and freedoms. The website is CNIL-registered under the number “2187393 v 0”.
In accordance with articles 39 and 40 of the January 6th 1978 law, the User has the right to access, to rectification, to deletion and to opposition in regards to their personal data. The User may assert these rights by e-mail at email@example.com.
In accordance with the Informatique et Libertés law of January 6th 1978 and with the general rules on data protection of May 25th 2018, you possess the rights to interrogation, to access, to modification, to opposition and to rectification in regards to your personal data. By agreeing with these general terms of sale and/or use, you consent to our gathering and processing this data for the performance of this contract.
By entering your e-mail address into one of the websites of our network, you will receive messages containing information and promotional offers for products published by the Company and its partners. You may unsubscribe at any time. To do so, you simply have to click on the link included at the bottom of our messages, or contact the data controller (Dan Faudemer, 85 Allées Charles de Fitte, 31300 Toulouse) by registered letter, or send us an e-mail at firstname.lastname@example.org.
We perform traffic analyses on all of our websites. To do so, we use tools such as Google Analytics.
ARTICLE 7: Liability and force majeure
The website uses all available means to guarantee high quality access to its services. However, it is only an obligation of means, and the website does not guarantee results.
smappen cannot be held responsible for any force majeure event which would cause network or server malfunctions.
Access to the website’s services can at any time be interrupted, suspended, modified without warning for maintenance or other reasons. The User commits to not seeking reparation in case of interruption, suspension or modification of this contract and this service.
Sources for the information shared on the website are reputable. However, the website does not guarantee the dependability of the sources. Information is given on the website and the service only to inform. Therefore, the User is solely responsible for their use of this information, as well as the content and services of this website. The User will ensure that their password is kept confidential. Any disclosure of passwords, in any way, is prohibited.
The User takes responsibility for the risks associated with the use of their username and password. The website denies any responsibility in this regard.
Any use of the service by the User which may, directly or indirectly, purposely affect smappen in a negative way, will lead to reparations in favor of the website.
The website does not guarantee the optimal safety and confidentiality of data sent by the User. However, the website commits to use any necessary means to best guarantee the safety and confidentiality of the data.
The website’s responsibility cannot be engaged in force majeure cases, or because of the unpredictable and unavoidable actions of a third party.
ARTICLE 8: Services
ARTICLE 8.1: Catchment area generation
This services allows Users to generate and visualize estimated catchment areas for a given travel time or distance. These estimates can differ from actual travel time or distance.
ARTICLE 8.2: Isochrone API
Access to the isochrone API is only granted with a valid API key. One is provided when the User signs up to the website.
During sign-up, the User will receive credit points to use the smappen API.
For each use of smappen’s isochrone API, the member will have to spend credit points.
To refill their credit points or upgrade their subscription, the member will have to contact the website by e-mail at: email@example.com.
ARTICLE 8.3: Tools for area extraction and analysis
ARTICLE 8.3.1: Service description
This Service allows the User to extract and analyze the data related to an area.
The Service create car travel time estimates to gather data. These estimates can differ from actual travel time.
ARTICLE 8.3.2: Access to the service
A trial version of the service is available.
Access to the catchment area analysis service requires a proprietary license, the User will have to buy the service by credit card directly on the website, or contact smappen by e-mail at: firstname.lastname@example.org, to get a quote.
When using the smappen API or services on any platform, you must clearly designate smappen as the origin for the data, as well as a hyperlink to smappen.
smappen uses data from various third party sources credited on all services or the API. The User will respect the sources’ crediting criteria when using the acquired data.
You understand and agree that only smappen has the right to determine whether crediting on the platform follows the conditions laid out above.
You commit to never archive, copy, distribute, modify, display, execute, publish, conceder, create derivative works, sell or use (unless expressly allowed by smappen) the contents and information of the smappen service.
You also commit to never: circumvent, remove, modify, deactivate, destroy or cause failure in the content protection measures related to the service.
ARTICLE 9: Hyperlinks
Although the website contains many hyperlinks to external websites, smappen does not have control over these links and is not responsible for the contents of the linked webpages.
The User therefore agrees to not hold smappen responsible for the contents related to these external hyperlinks.
ARTICLE 10: Contract evolution
The website reserves the right to modify the terms of this contract at any time.
ARTICLE 11: Duration
This contract is valid for an undefined period. The contract takes effect in regard to the User as soon as the service is used.
ARTICLE 12: Applicable rights and courts
French law will apply to this contract. If interpretation differences arise because of the translation of this contract into a different language, only the French version will be valid. If a dispute between the parties cannot be resolved amicably, only the Toulouse courts will be competent to arbitrate.