Introduction

This document establishes the general terms of use ("Terms of Use") under which Klokan Technologies GmbH, with its registered office located at Hofnerstrasse 98, 6314 Unterageri, Switzerland, and identified by Company ID No. CH-170.4.009.510-4 ("OldMapsOnline", "OMO", "we", or "us"), offers its services. These services are accessible to any individual, company, institution, or other entity (collectively, "the User" or "you") through the OldMapsOnline website (the “Website”) located at https://www.oldmapsonline.org, or through any of the services provided by OldMapsOnline.
By accessing or using any part of the Website, its services, software, or map content (collectively, "Services"), you acknowledge and agree to be fully bound by these Terms of Use.
OldMapsOnline reserves the right, at its discretion, to modify these Terms of Use, along with any fees and charges, at any time. Notifications of such modifications will be made through the Website. It is your responsibility to review these modifications. Continued use of the Services after such notification will constitute your acceptance of the modified terms and conditions."

OldMapsOnline Services

OldMapsOnline offers services designed to facilitate access to map collections and metadata records from libraries and other host institutions (the "Host Institutions"). These services aim to provide users with online access to map images curated by these institutions. Our offerings include the OldMapsOnline Website, applications for iOS and Android, web-browser extensions for Chrome and Firefox, Georeferencer, Widgets, and the OldMapsOnline API.
By creating an account with us, or by using any of our Services, or by accessing any data, visual content, or material available through our Services (the “Content”), you acknowledge your acceptance of these Terms of Use, constituting a legally binding agreement with OldMapsOnline.
This agreement encompasses these Terms of Use, any rights and obligations mentioned herein, and any additional terms that govern certain services or features – these additional terms are accessible from here (the “Additional Terms”). In cases of conflict between the general Terms of Use and specific Additional Terms, the latter will take precedence, providing you with clear guidance on which terms apply to specific services.
By registering for or using our Services, you confirm that you have read, understood, and agree to all components of this agreement (collectively, the “Agreements”). If you do not agree to, or cannot comply with, the Agreements, you must not use the Services or access any Content.
By your registration with or use of the Services, you acknowledge that you have read and understand the Agreements, accept these Agreements, and agree to be bound by them. If you do not agree or cannot comply with the Agreements, then you may not use the Services or access any of the Content.
OldMapsOnline Services are accessible to both non-registered and registered users. However, registration at https://www.oldmapsonline.org unlocks additional functionalities and features exclusive to Registered Users.

Free and Paid Services

A description of our Services, together with an explanation of which Services and their features are available only for Registered Users, is available on our Website. The majority of our Services are provided to you free of charge. The Services that do not require payment are referred to as a “Free Service”, and the Services that require payment before you can access them are referred to as a “Paid Service”.
We reserve the right to modify, terminate or otherwise amend our offered services, plans and fees at any time in accordance with these Terms of Use.

Subscriptions, One-time purchases, price changes

You may purchase a Paid Service through a third party by paying an in-advance subscription fee for a recurring interval disclosed to you prior to your purchase (“Subscription”) or by making a one-time purchase. If you purchase a Paid Service through a third party, you acknowledge that separate terms with such third party, in addition to the Agreements, may apply. The specific mode of payment and the period for which the Paid Service is subscribed may vary depending on the respective Paid Service. If you purchase a Subscription, you authorize the respective third party to charge you on behalf of OldMapsOnline for each respective recurring interval until you cancel.
OldMapsOnline may change the prices for the Paid Services from time to time. For existing users of the given Paid Services, the price changes will take effect at the start of the next period of the Subscription following the date of the price change. You accept the new price by continuing to use the respective Paid Service after the price change takes effect. In the case of price changes for Subscriptions, OldMapsOnline will, on its own behalf or through the respective third party through which you purchased the Subscription, notify you in advance of any price changes and, if applicable, instruct you on how to accept these changes. If you do not agree to the price changes or take the prescribed action, your Subscription will expire at the end of its current recurring period and will not automatically renew.

Trials

OldMapsOnline may offer trials for certain Paid Services for specified periods without payment (a “Trial”). To begin a Trial, we will require you to provide your payment details. By providing such details, you agree that we may automatically begin charging you for a Subscription to the relevant Paid Service on the first day following the end of the Trial on a recurring basis or other interval that we provide to you in advance. If you do not want to accept this charge, you must cancel the applicable paid Subscription through the third party according to their terms of service.
OldMapsOnline reserves the right to determine your eligibility for a Trial and withdraw or modify such Trial at any time without prior notice and with no liability.

Subscription renewal, Cancellation

Your payment schedule with the third party through which you purchased the Paid Service will automatically renew at the end of the applicable subscription period, unless you cancel your Subscription before the end of the then-current subscription period. If you purchased the Subscription through a third party, you may cancel the Subscription through such third party according to their terms of service. The cancellation will take effect the day after the last day of the current Subscription period.
If you cancel your payment or Paid Service and/or terminate any of the Agreements before the end of your current Subscription period, we will not refund any fees already paid to us.

Maintenance of Paid Services

You understand and agree that we will exert reasonable efforts, although we have no obligation to maintain, support, upgrade, or update any Paid Service, or provide all or any specific content through such Paid Service beyond what is required by the provisions of applicable legislation which cannot be contractually derogated from by the parties. OldMapsOnline and our Partners may, from time to time, remove any Content without notice, or partially or entirely discontinue the Paid Service.

Using our Services

Legal Requirements

In order to use our Services, you need to be 16 years of age or older, or be 13 years of age up to 16 and provide written parental or guardian consent, unless the law of the country of your residence prescribes higher age requirements, in which case you need to meet such requirements.
You also represent that any registration information that you provide to OldMapsOnline is true, accurate, and complete, and you agree to keep it updated with OldMapsOnline as such at all times.

Permission to Use

The Services and Content are owned by OldMapsOnline, or our licensors, partners, and affiliates (collectively, the “Suppliers”).
We provide you with a limited, non-exclusive, revocable license to access and use the Services and Content (the “License to Use”). This License to Use will continue until it is terminated by either you or OldMapsOnline.
You agree and confirm that you are utilizing the Services and Content solely for your personal, non-commercial use and will not redistribute or transfer the Services or Content to any third party. You are prohibited from using the Services or Content for purposes other than your internal use or for creating value-added services, except where such use is permitted by Additional Terms.
Our software applications and Content are not sold or transferred to you, and OldMapsOnline along with our Suppliers retain all ownership rights in the software applications and Content, even after installation on your devices, including personal computers, mobile phones, tablets, and other devices ("Devices").
All trademarks, trade names, logos, domain names, and any other features of the OldMapsOnline brand or our Suppliers (the “Brand Features”) are the exclusive property of OldMapsOnline or our Suppliers. The Agreements do not grant you any rights to use any Brand Features, except as necessary for compliance with the Agreements.
You are required to follow the Agreements' rules and not use our Services, the Content, or any part thereof in ways not expressly allowed by the Agreements. No rights, titles, or interests in our Services or Content are granted to you, except for the rights explicitly granted in the Agreements.

Third-Party Applications and Devices

Our Services may interact with third-party applications, websites, and services ("Third-Party Applications") and Devices to make our Services available to you. These Third-Party Applications and Devices may have their own terms and privacy policies, and your use of them will be governed by such terms and policies. OldMapsOnline does not endorse, nor is responsible or liable for, the operation, features, or content of any Third-Party Application or Device, nor do we guarantee their compatibility with our Services.

Customer Use

All Products are intended for your use as our customer in compliance with all applicable terms, Special Terms, or as explicitly agreed in writing between you and OldMapsOnline.
Resale or redistribution, renting, leasing, lending, selling, or sublicensing of our Products or any part thereof without a written agreement from OldMapsOnline is prohibited.
You may not make our Products or any part thereof available to others, including affiliates or subsidiaries, unless allowed by Special Terms or agreed in writing between you and OldMapsOnline.

Lawful Use Only

You are obligated to use our Products solely for lawful purposes.

No Commercial Derivative Work

Unless specified in the Terms or agreed upon between you and OldMapsOnline through a custom license, you may not create commercial derivative works from OldMapsOnline Services. This prohibition includes training machine learning algorithms for feature extraction or any other purpose, or enhancing the accuracy of satellite imagery through algorithmic processing or other methods.

Manipulation or Modification

Manipulating or modifying map content, whether as vectors, pixels, or underlying metadata, is expressly forbidden.

End-User Terms

When integrating OldMapsOnline Services into your products or services for end-users, you must ensure your terms restrict end-user usage to comply with these Terms.

Third Party Applications and Devices

Our Services are integrated or may otherwise interact with third party applications, websites, and services (collectively, the “Third Party Applications”) and third party Devices in order to make our Services available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that OldMapsOnline does not endorse and is not responsible or liable for the functioning, features, or content of any Third Party Application or Device, nor does OldMapsOnline warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Services.

Liability for Content

Limited Liability of OldMapsOnline for Content

You acknowledge that certain content accessible or presented to users through our services is not originally created by us, but is derived from data and content provided by our contributing institutions or sources (the “Supplied Content”). Our role in relation to the Supplied Content is not to interpret it, nor do we offer any form of historical or geographical validation services. Our services are designed primarily to process the Supplied Content and, where applicable, to apply techniques to enrich or enhance the data (including map data), enabling us to display and visualize it within our services. For the purposes of these Agreements, the term 'process' may include the generation of new content derived from the Supplied Content based on specific algorithms, as well as the aggregation of Supplied Content from multiple contributing institutions.
Given this context and the fact that OldMapsOnline exercises limited oversight over the Supplied Content, we disclaim all responsibility for the Supplied Content as it is made available or presented through our services, particularly concerning its authenticity, accuracy, or reliability. This disclaimer applies to you, the users of our services, and any third parties, regardless of the platform or services through which the Supplied Content is displayed, accessed, or utilized.

User Content

Users of our Services may upload, or otherwise contribute content, which may include maps, text, information, pictures, and other types of content (the “User Content”).

Responsibility for User Content

You hold sole responsibility for all User Content that you contribute to the Services. OldMapsOnline does not take responsibility for User Content nor endorses any opinion contained within it.
You must ensure all User Content you contribute adheres to legal standards. Specifically, you affirm that you own or have the necessary rights to contribute the User Content to the Services.

Prohibited Content

You are prohibited from posting, uploading, or contributing any User Content to our Services that:

is offensive, abusive, defamatory, pornographic, threatening, or obscene;
is unlawful, or aims to promote or commit an unlawful act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of OldMapsOnline or a third party;
contains malicious content such as malware, Trojan horses, or viruses, or otherwise impedes any user's access to the Services;
links to, references, or otherwise promotes commercial products or services, except as explicitly authorized by OldMapsOnline; or
is in conflict with the Agreements, as determined by OldMapsOnline.

Removal of User Content

OldMapsOnline may, at its discretion, monitor, review, or edit User Content but is not obligated to do so. OldMapsOnline reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in OldMapsOnline’s sole judgment, violates the Agreements. OldMapsOnline may execute these actions without prior notice to you or any third party. The decision to remove or disable access to User Content lies solely with OldMapsOnline, and there is no guarantee to remove or disable access to any specific User Content.

Disposition with the User Content, License to use

By contributing User Content to our Services, and in return for the rights granted to you under the Agreements, you permit us to use such User Content, which may also be accessible to other Users or third parties. Specifically, you grant OldMapsOnline the authorization to employ your User Content in any manner and for any purposes, notably, but not limited to:

Displaying, downloading, archiving, and processing the User Content;
Analyzing the User Content and integrating the analysis results into the Services;
Sharing, integrating, and utilizing the User Content across any of our Services, whether for commercial or non-commercial aims;
Leveraging the User Content for OldMapsOnline's marketing, sales, and other business endeavours;
Making any User Content publicly accessible, and to publish, translate, modify, create derivative works from, and distribute it through any media.
Should you offer feedback, ideas, or suggestions to OldMapsOnline in connection with our Services (“Feedback”), you recognize that such Feedback will not be considered confidential. You authorize OldMapsOnline to use this Feedback without any restrictions and without any obligation to compensate you. Feedback is regarded as a form of User Content.
To the extent that User Content is subject to intellectual property rights, you grant OldMapsOnline a non-exclusive license to utilize your User Content ("the License") in any form of use, as described in detail within these Terms of Use. This License allows OldMapsOnline the rights, without territorial or quantitative limit, to use this User Content for the duration of its copyright term. You grant this License to OldMapsOnline without any charge. OldMapsOnline is not required to exercise this License but has the right to, in whole or in part, assign or sublicense these rights to third parties, with no restrictions, whether for a fee or free of charge. Consequently, third parties may also utilize the User Content as outlined in this agreement. The License will continue beyond the termination of your use of the Services. Should you remove your User Content, this does not affect the ongoing validity of the License; OldMapsOnline and third parties may continue to use the User Content according to the License, which may involve anonymization by OldMapsOnline.

Advertising Through Services

In consideration of the rights granted to you under the Agreements, you grant us the right to provide advertising and other information to you, and to allow our business partners to do the same. Any part of our Services and the Content you access may contain advertising as part of the Content.

Warranty Disclaimer

You acknowledge and accept that the OldMapsOnline services are made available to you on an “as is” and “as available” basis, without any guarantees regarding their accuracy, completeness, or the uninterrupted availability of the services. We expressly disclaim all warranties, whether express or implied, to the maximum extent permitted by law.
OldMapsOnline does not assure or guarantee the functionality, availability, or quality of its services. We assume no responsibility for the accuracy, completeness, or quality of the information provided through our services and content, nor do we commit to ensuring that the information accessible through our services is current.
Furthermore, OldMapsOnline does not represent, warrant, endorse, or assume responsibility for any third-party applications, content, products, or services that may be advertised, promoted, or made available through our services, or on any linked websites, or shown in any advertisements.
No advice or information, whether conveyed orally or in writing, received by you from OldMapsOnline shall constitute any warranty not expressly stated in these terms.

Exemption from Liability

In no event will OldMapsOnline be liable or obligated to compensate you or any third party for any losses, expenses, or damages, including but not limited to loss of profit, whether monetary or non-monetary. These may arise specifically, but not exclusively, from:

The utilization of the Services and their Content through any means;
The operation of the Services and their Content, including administrative and technical tasks necessary for the functioning of the Services;
The functionality of the Services themselves, such as the availability of the Services; or
Any issues related to the Services, the Content, or the Agreements.
You acknowledge that OldMapsOnline bears no obligation or liability for any third-party applications or content that are accessed or made available through our Services.
You agree that your only remedy for any dissatisfaction with the Services is to discontinue using OldMapsOnline Services and to uninstall any related software.
In all other scenarios, any potential liability of OldMapsOnline towards you and third parties is limited to the maximum extent allowed by law.
This section is intended to be enforced to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify and hold OldMapsOnline harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to:

your breach of the Agreements or any one of them;
any content you post, upload, or otherwise contribute to the Services;
any activity in which you engage on or through the Services;
your violation of any law or the rights of a third party.

Data Protection

Term and Termination

The Agreements will remain in effect between you and OldMapsOnline until terminated by either party. You acknowledge and agree that the license you grant concerning your contributed content is irrevocable and will thus continue beyond the expiry or termination of any of the Agreements for any reason.
OldMapsOnline may terminate the Agreements or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services and/or Content, non-compliance with the Agreements, or if OldMapsOnline decides to discontinue the Services and/or Content provision. Furthermore, if your account remains inactive for 24 months or more, OldMapsOnline reserves the right to terminate your account. Upon such termination, you acknowledge and agree that OldMapsOnline may irreversibly delete your account and all associated data, including any content you have created.
If either you or OldMapsOnline terminates the Agreements, or if OldMapsOnline suspends your access to the Services, you agree that OldMapsOnline shall have no liability or obligation to you, and OldMapsOnline will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
You may terminate the Agreements at any time by ceasing your use of the Services and, if you are a Registered User, by deleting your user account on the OldMapsOnline website.

Final Provisions

Entire Agreement

Except as stated in this section or as explicitly agreed upon in writing between you and OldMapsOnline, the Agreements encompass all terms and conditions agreed upon between you and OldMapsOnline and supersede any prior agreements concerning the subject matter of these Agreements.
This does not affect any separate agreements that may be made between you and OldMapsOnline concerning specific Services.

Severability

If any provision of the Agreements is found to be invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not affect or render invalid or unenforceable the remaining provisions of the Agreements. The enforceability of that provision will be applied to the extent permitted by law. An invalid provision will be replaced by a valid provision that matches as closely as possible the intent of the original provision.

No Waiver

Failure by OldMapsOnline to enforce any part of the Agreements shall not constitute a waiver of OldMapsOnline's right to enforce the same or any other part of the Agreements in the future.

Interpretation

In these Terms of Use, the terms “include” and “including,” and variations thereof, are deemed to be followed by “without limitation.”

Assignment

OldMapsOnline may assign or transfer the Agreements and any of its rights or obligations under them. You may not assign or transfer the Agreements, nor sub-license your rights, to any third party without OldMapsOnline's consent.

Third Party Rights

The Agreements do not grant rights to any third parties except you and OldMapsOnline, and do not create any third party beneficiary rights, unless explicitly provided otherwise.

Conflict with Consumer Protection and Other Mandatory Laws

Nothing in the Agreements shall override your statutory rights as a consumer or other mandatory statutory rights, where applicable laws do not allow for such rights to be contractually altered.

Governing Law, Dispute Resolution

Unless a mandatory law of a member state of the European Union or another jurisdiction specifies otherwise, the Agreements are governed by the laws of Switzerland, without regard to conflict of law principles.
Furthermore, you and OldMapsOnline agree to the exclusive jurisdiction of the territorially competent courts of Switzerland for any disputes arising in connection with the Agreements.

Sales Presentation

You consent to OldMapsOnline referring to you as a user in its website and sales presentations, including the use of your business name and/or logo. This consent is valid for the duration of the Agreement and for five years thereafter.

Changes to the Agreements, Termination of Services

OldMapsOnline reserves the right to modify the content of the Services and these Terms of Use or any Additional Terms due to market developments, legal changes, or changes in operational, organisational, or commercial procedures. Such modifications will be effective upon posting on the Website. It is your responsibility to review the Terms and Additional Terms periodically for changes. Continued use of the Services after such posting signifies your acceptance of these changes. If you disagree with the changes, you may terminate your account by contacting us.
We also reserve the right to discontinue the Services or any part thereof at any time, without notice, and without compensation.