Terms of Use

Last updated: September 24, 2024

Through the Mastersoft / Gismatrix applications, the Gismatrix platform, our website, mobile applications, related content and services (collectively "Services"), Mastersoft d.o.o. ("Mastersoft", "we", "our") strive to create an environment where Gismatrix collaborators and users ("Users", "you", "your") can easily access GIS data anywhere in the world.

PLEASE READ THESE TERMS OF SERVICE ("TERMS") AND OUR PRIVACY POLICY. THIS IS A LEGALLY BINDING AGREEMENT THAT GOVERNS YOUR ACCESS TO AND USE OF THE SERVICE / Gismatrix PLATFORM AND MAY AFFECT YOUR RIGHTS AND OBLIGATIONS.

Agreement

To use the Services, you must agree to these Terms and our Privacy Policy. You can accept these Terms by clicking to agree to the Terms of Service and Privacy Policy in the Gismatrix application user interface. Additionally, by using the Services, you agree to be bound by these Terms and our Privacy Policy. By using the Service and the Gismatrix application, you acknowledge that you have read and understood these Terms and our Privacy Policy and agree to be bound by the provisions herein and therein.

Service / Application Trial Account

Mastersoft / Gismatrix offers a free trial of the Service ("Free Trial Period"). When you create a user account and accept the free trial offer, you agree to these Terms of Use. If you decide to become a paid user of the Service, you must contact Mastersoft and enter into a monthly or annual service agreement (you can or will be able to do this within the Gismatrix application or at www.Gismatrix.com). Mastersoft reserves the right, at its sole discretion, to withdraw or modify this free trial offer at any time without prior notice and without liability.

Limited License

Once you accept these Terms, you may access the Gismatrix Services and content, and download, view, copy, and print the content for your use in accordance with these Terms. You may not distribute any content obtained through Gismatrix to third parties for commercial or non-commercial purposes except as expressly provided in these Terms of Use. For the purposes of these Terms, "Commercial Use" means your authorized use of the Services where you provide the Services to third parties to generate income, promote income generation, or obtain any other form of business advantage or private financial gain.

Free Service Users: You acknowledge and agree that Mastersoft may impose or adjust a limit on the number of possible transactions you send or receive through the Service or limit the resources you use; such fixed ceilings may be set and/or modified by Mastersoft at any time and at its sole discretion.

Requests regarding additional use not expressly specified herein may be sent to Mastersoft via email.

Mastersoft does not claim ownership of the material you create and/or upload to the Service ("Content"), and you retain the copyrights and any other rights you already hold in your Content. By submitting, posting, or displaying your Content on the Service (including without limitation: your logo, name, and brand), you grant Mastersoft a non-transferable, non-exclusive license to use your Content.

License Restrictions

Except as expressly permitted in these Terms of Use or unless you have obtained prior written authorization from Mastersoft (or, where applicable, the provider of specific content), the licenses granted by Mastersoft above are subject to all the restrictions below. Unless expressly permitted, you may not (nor allow anyone else to):

  • access or use the Service or any Content through any technology or means other than those provided by the Service or in another expressly authorized manner designated by Mastersoft;
  • copy, translate, modify, create derivative works of, or publicly display any Content or any part thereof (for example, creating server-side map tile modifications is prohibited);
  • access services or resources that are not made available to you through the Gismatrix application or Mastersoft products;
  • reverse engineer, decompile, or otherwise attempt to extract the source code of the Service or any part thereof, unless expressly permitted by Mastersoft or required by applicable law;
  • use, edit, or publish Content obtained through the Service or any other service or application, except Gismatrix;
  • manually or systematically collect information contained within the Service;
  • use the Service in a manner that allows you or any other person access to mass downloads or resources on a large scale, including but not limited to coordinates, imagery, and visual maps;
  • use the Services for unlawful, inappropriate, or improper purposes (including but not limited to defaming or harassing others; distributing obscene or indecent material, stalking, or distributing content that would infringe upon the proprietary rights of others);
  • delete, obscure, or in any way alter any warning, notice (including but not limited to copyright or other proprietary notices), or link that appears in the Service or Content;
  • use the Services in a way that adversely affects the business interests of Mastersoft or the Mastersoft company;
  • hide, alter, or obscure your identity from the Mastersoft / Gismatrix Service when using the Service, including failing to comply with stated identification conventions AND any proprietary notices provided by the Services; or
  • violate these Terms of Use and other rules that may be updated from time to time by Mastersoft, including, but not limited to, agreeing that you will not:
    • (a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    • (b) upload, post, transmit, or otherwise make available inappropriate, defamatory, obscene, or unlawful content;
    • (c) upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, copyright, trade secret, or other proprietary rights of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
    • (d) upload, post, transmit, or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
    • (e) upload, post, email, transmit, or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms, or applicable Service policies or guidelines;
    • (f) download any file or content posted by another user that you know, or reasonably should know, cannot be legally distributed in such a manner;
    • (g) impersonate another person or entity, or falsify or delete any author attributions, source labels, or other material designations;
    • (h) restrict or inhibit any other user from using and enjoying the Service or any other Mastersoft and Gismatrix Service;
    • (i) delete, obscure, or fail to display the link to the Terms of Use as presented through the Service;
    • (j) delete, obscure, or in any way alter warnings, notices (including but not limited to copyright or other proprietary notices), or links that appear in the Service or Content;
    • (k) interfere with or disrupt the Gismatrix / Mastersoft Services, servers, or networks connected to the Gismatrix Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Gismatrix Service;
    • (l) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Gismatrix Services, Content, or user database for any unauthorized purpose;
    • (m) display content that falsely expresses or implies that such content is sponsored or endorsed by Mastersoft / Gismatrix;
    • (n) create user accounts by automated means or under false or fraudulent pretenses, or obtain or attempt to obtain multiple keys for the same URL;
    • (o) promote or provide information about illegal activities;
    • (p) promote physical harm or injury against any group or individual; or
    • (q) transmit any viruses, worms, Trojan horses, or any items of a destructive nature.

Any of the above, whether merely attempted or successfully executed, constitutes a material breach of these Terms of Use.

Modifications to Terms and Services

Mastersoft reserves the right, at its sole discretion, to temporarily or permanently modify, update, and/or discontinue the Services or any portion thereof, these Terms, and/or any other Mastersoft policies, without notice or specific notification to you. Mastersoft shall not be liable for any damage or loss caused to you or any third party arising from any such modifications, updates, and/or discontinuations of any Service or any portion thereof, these Terms of Use, and/or any other Mastersoft policy. Any changes to these Terms and/or other Mastersoft policies will be reflected on the Services with all adopted modifications, updates, and/or discontinuations.

Mastersoft is constantly innovating in order to provide the best possible experience for its users. In the current version of the application/service, its update, or upgrade to a new version, Mastersoft may, at its sole discretion and as part of this continuing innovation, designate certain features or functionality of the Services as "experimental" or "beta." In such cases, these Terms and all other Mastersoft policies will also apply to this until your relationship with Mastersoft is terminated as provided herein.

Your Representations and Warranties

You represent and warrant that your use of the Gismatrix and Mastersoft Services will be strictly in accordance with these Terms of Use and with all applicable laws and regulations, including without limitation any federal, state, local, provincial, and international laws, rules, and regulations applicable to your use of Gismatrix and your Content, including all copyright, patent, and trademark laws.

By using the Gismatrix and Mastersoft Services, you represent that:

  • You will comply with all applicable laws and/or regulations.
  • You are able and authorized to accept these Terms of Use.
  • You will not send spam/unsolicited content or harass others.
  • You will respect the privacy of other users and, as such, will not share private or personal data or information from the Service.
  • You will respect that published content must not promote, support, or glorify hatred.

Privacy and Personal Information

By accepting these Terms of Use, you also agree to the terms of the Mastersoft Privacy Policy and all other applicable Mastersoft policies incorporated into these Terms of Use.

Content Policy

Account Information

To access the Gismatrix / Mastersoft Services, you must have a Gismatrix account. You agree that any information you give to Mastersoft in connection with your Gismatrix account will always be accurate, truthful, correct, and up to date. You agree that you will be solely responsible to Mastersoft for your use of the Service. If you become aware of any unauthorized use of your password or account, you agree to notify Mastersoft immediately.

Third Parties

Third-Party Content

The Service may include hyperlinks to other websites, content, or resources. Mastersoft has no control over any websites or resources provided by companies or persons other than Mastersoft. You acknowledge and agree that Mastersoft is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such websites or resources. You acknowledge and agree that Mastersoft is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such websites or resources.

Subsidiaries and Affiliates

Mastersoft has, or may have, subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will provide the Service to you on behalf of Mastersoft. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Service to you.

Third-Party License Terms and Use Restrictions

The Services provided by Mastersoft / Gismatrix may contain third-party data and/or map imagery. Furthermore, Mastersoft / Gismatrix allows viewing, accessing, and incorporating maps and content provided by other software and content providers, such as Here, Google, Microsoft, ESRI, OpenStreetMap, and others, using web services and interfaces, including but not limited to the Web Map Service. The use of third-party data and/or imagery may be subject to a third-party license agreement or additional use restrictions. You are solely responsible for complying with all applicable third-party license agreements. Third-party use restrictions may be provided with the data (for example, in metadata). Mastersoft may occasionally change third-party license agreements and any applicable use restrictions, and it is your responsibility to check for updates to these license agreements or use restrictions. If a change to any third-party license agreement or use restriction is unacceptable, you may cancel your access by written notice to Mastersoft or discontinue use of the Service, as appropriate. Continued use of the Service shall be deemed your acceptance of and agreement to all modifications.

Intellectual Property

Ownership

You acknowledge and agree that Mastersoft (or Mastersoft's licensors and their suppliers, where applicable) own all legal rights, title, and interest in and to Gismatrix, the Services, Content, and technology (unless otherwise stated) and upgrades or Gismatrix applications created by Mastersoft, add-ons such as plugins integrated into Gismatrix under contract or order by clients or subscribers to Gismatrix, including any intellectual property rights which subsist in Gismatrix, the Service, and the Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). These Terms of Use do not transfer any rights to distribute, prepare derivative works of, or acquire an ownership interest in the Services.

Trademarks

You understand that the Mastersoft / Gismatrix logo and other trademarks (including, without limitation, all trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Gismatrix, Mastersoft, its partners, or other third-party rights holders of content addressed by Mastersoft) used in or via the Services, whether registered or unregistered, are the exclusive property of Mastersoft and/or its licensors or affiliates. These marks may only be used if expressly authorized by Mastersoft or the applicable licensor or affiliate. You may not delete or alter these marks in any way. Any use that violates the above shall be deemed a material breach of these Terms of Use.

Copyright Infringement

Mastersoft's copyright policy is to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including the U.S. Digital Millennium Copyright Act) and to remove allegedly infringing materials and/or terminate the accounts of repeat infringers, as appropriate.

If you believe that anything available through our Services infringes upon any copyright which you own or control, you may file a notification of such infringement by contacting us at info@Gismatrix.com.

The written notice must include the following:

  • The physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement, under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

We may give notice of a claim of copyright infringement to our users by means of a general notice on our website and/or mobile applications, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Mastersoft has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the right to access and use the Services for those users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Services and/or terminate the right of any users to access and use the Services for the infringement of the intellectual property rights of others, whether or not there is any repeat infringement.

Termination

These Terms of Use will continue to apply to you until terminated by either you or Mastersoft. Mastersoft reserves the right, at its sole discretion, to stop providing all or any part of the Services for any reason or no reason at all. Additionally, Mastersoft reserves the right to immediately, without notice, terminate your access to and use of the Service if:

  • you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms);
  • Mastersoft is required to do so by law;
  • the Service is based on data or services provided by a third-party partner, and the contractual relationship with such partner has expired or has been terminated, or requires Mastersoft to change the way Mastersoft / Gismatrix provides data or services through the Service;
  • providing the Services could cause substantial economic harm, as determined by Mastersoft in its reasonable good faith discretion; or
  • providing the Service could create a security risk or significant technical obstacles or problems, as determined by Mastersoft in its reasonable good faith discretion.

Payments and Billing

Some of our Services may be subject to a fee now or in the future. Please note that any payment terms presented to you in the process of using or signing up for the Services are deemed part of these Terms of Use. We may change the pricing for the Services or impose additional fees at any time. If you are a subscriber to the Services, we will notify the contact person listed on your account in advance of any fee increases via a posting in the Service or on our website. We may also periodically review your usage and bill you for any overages or increased usage (e.g., additional storage consumption) at current rates.

Account Termination

Free Service Users

You may cancel your free Gismatrix account at any time by ceasing to use the Service. There is no need to contact Mastersoft / Gismatrix or take any further action.

Subscription Service Users

If you wish to cancel your Mastersoft / Gismatrix account, you must notify Mastersoft that you want to cancel your subscription account. Please note that any such cancellation will take effect the day after the last day of the current monthly/annual subscription period.

Indemnification

You agree to hold harmless and indemnify Mastersoft, its strategic partners, officers, directors, agents, affiliates, licensors, and their suppliers (the "Indemnified Parties") from and against any claims, actions, or demands, including without limitation damages, arising from or related to:

  • Your use of the Gismatrix platform in violation of the Terms or applicable policies;
  • Any use by users of your projects realized through the Gismatrix platform;
  • Any claim that your projects or your Content violates applicable law, including, without limitation, any claim that infringes third-party rights.

You agree that you are solely responsible (and that Mastersoft has no responsibility to you or to any third party) for any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Mastersoft may suffer) of any such breach.

You agree to cooperate as fully as reasonably required in the defense of any claim. Mastersoft reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are responsible. You acknowledge that damage caused by improper use of Gismatrix may be irreparable; therefore, Mastersoft is entitled to seek equitable relief, including without limitation preliminary injunctions and court orders, in addition to all other legal remedies.

Disclaimer of Warranties / Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICE AND CONTENT ARE PROVIDED "AS IS." IN PARTICULAR, MASTERSOFT, ITS AFFILIATES, LICENSORS, AND SUPPLIERS DO NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MASTERSOFT, OR THROUGH OR FROM THE SERVICE OR CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

MASTERSOFT, ITS LICENSORS, AFFILIATES, AND SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MASTERSOFT, ITS LICENSORS, AFFILIATES, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:

  • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE MASTERSOFT / Gismatrix SERVICE;
  • ANY CHANGES WHICH MASTERSOFT MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
  • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
  • YOUR FAILURE TO PROVIDE MASTERSOFT / Gismatrix WITH ACCURATE ACCOUNT INFORMATION; OR
  • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE LIMITATIONS ON MASTERSOFT'S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT MASTERSOFT, ITS AFFILIATES, CONTRACTORS, LICENSORS, OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT MASTERSOFT'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN LOSS OR DAMAGE. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND MASTERSOFT'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Notices

You agree that Mastersoft is not obligated to, but may, provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.

Waiver

You agree that if Mastersoft does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Mastersoft has the benefit of under any applicable law), this will not be taken to be a formal waiver of Mastersoft's rights and that those rights or remedies will still be available. Any waiver of any provision of these Terms will be effective only if Mastersoft expressly states in a signed writing that it is waiving a specified Term.

Severability

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

Assignment

You may not assign your rights and/or obligations under these Terms. Mastersoft may assign its rights and obligations under these Terms, and they will inure to the benefit of Mastersoft, its successors, and assigns.

Governing Law and Jurisdiction

The Terms, and your relationship with Mastersoft under the Terms, shall be governed by the laws of Slovenia without regard to its conflict of laws provisions. You and Mastersoft agree to submit to the exclusive jurisdiction of the courts located within Maribor, Slovenia, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Mastersoft shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Entire Agreement

The Terms constitute the entire legal agreement between you and Mastersoft and govern your use of the Service and Content, and completely replace any prior written or oral agreements between you and Mastersoft in relation to the Service and Content.

Contact Us

If you have any questions about these Terms of Use, you can contact us:

  • By email: info@gismatrix.com
  • By visiting our website: https://www.gismatrix.com