Last updated: September 24, 2024
Through the Mastersoft / Gismatrix applications, Gismatrix platform, our website, mobile application(s), related content and services (collectively the “Service(s)”), Mastersoft d.o.o.. (“Mastersoft”, “we”, “us”, ”our(s)”) seeks to create an environment where colleagues and Gismatrix users (“Users”, ”you”, ”your(s)”) can easily access GIS data from anywhere in the world.
PLEASE READ THESE TERMS OF SERVICE (“TERMS”), AND OUR PRIVACY POLICY CAREFULLY. THESE ARE LEGALLY BINDING AGREEMENTS THAT CONTROL YOUR ACCESS TO AND USE OF THE GIS APPLICATION / SERVICES AND MAY AFFECT YOUR RIGHTS AND OBLIGATIONS.
In order 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, where this option is made available to you in the User interface of the Services. Furthermore, by using the Services, you agree to be bound by these Terms and our Privacy Policy. By using the Services you represent that you have read and understand these Terms and our Privacy Policy and agree to be bound by the terms herein and therein.
Mastersoft / Gismatrix offers a free trial of the Service (the “Free Trial Period”). By creating your user account, you accept the Free Trial Offer and acknowledge and agree to these Terms of Use. If you decide that you want to become a paying user of the Services, you must contact Mastersoft and enter into a monthly or annual service contract (you may also do this in Gismatrix App or atwww.gismatrix.com). Mastersoft reserves the right, in its absolute discretion, to withdraw or to modify this Free Trial Offer at any time without prior notice and with no liability.
Upon Your acceptance of these Terms, you may access, download, view, copy, and print Services and content available on Gismatrix, for Your use subject to these Terms. As a condition of this grant of commercial and noncommercial license, you may not distribute any content obtained through Gismatrix to any third party except as expressly provided for in these Terms of Use. For the purposes of these Terms “Commercial Use” means your authorized use of the Services wherein you provide the Services to third parties in order to generate income, promote the generation of income, or any other means of commercial advantage or private financial gain.
Free Service Users: You acknowledge and agree that Mastersoft may impose or adjust the limit on the number of transactions you may send or receive through the Service or resources you use; such fixed upper limits may be set and/or changed by Mastersoft at any time and at Mastersoft’s sole discretion.
Inquiries regarding additional uses not expressly provided for herein may be submitted to Mastersoft through a Copyright information or Permissions request email.
Mastersoft claims no ownership over any material that you create and/or upload to the Service (“Content”), and you retain copyright and any other rights you already hold in your Content. By submitting, posting or displaying your Content in the Service you grant to Mastersoft a non-transferable, non-exclusive license to use your identifying features including without limitation your logo, name, trade name, and domain name (“Brand Features”) to advertise that you are using the Service.
Except as expressly permitted under these Terms, or unless you have received prior written authorization from Mastersoft (or, as applicable, from the provider of particular Content), Mastersoft’s licenses above are subject to your adherence to all of the restrictions below. Except as explicitly permitted you must not (nor may you permit anyone else to):
Any of the foregoing, whether merely attempted or successfully executed, is a material breach of these Terms of Use.
Mastersoft reserves the right, at its sole and absolute discretion, to temporarily or in perpetuity, change, modify, update, alter and/or cancel the Services or any portion thereof, these Terms and/or all other Mastersoft policies, without notice to you. Mastersoft will not be liable for any kind of damage or loss to you or to any third party, stemming from any such changes, modifications, updates, alterations and/or cancellation of any of the Services or portion thereof, these Terms and/or all other Mastersoft policies. Any Changes to these Terms and/or other Mastersoft policies will be reflected on the Services and continued use of the Services thereafter will constitute acceptance of any such changes, modifications, updates, alterations and/or cancellation.
Mastersoft is constantly innovating in order to provide the best possible experience for its users. At any time prior to discontinuing the current version of the Service or upgrading to a new version of the Service, Mastersoft may, in its discretion as part of this continuing innovation, label certain features or functionality of the Service as “experimental” or “beta.” In such case these Terms and all other Mastersoft policies will continue to apply until your relationship with Mastersoft is terminated as provided for herein.
You represent and warrant that your use of the Gismatrix and Mastersoft’s Services will be in strict accordance with these Terms, and with all applicable laws, rules and regulations, including without limitation all federal, state, local, provincial and international laws, rules and regulations applicable to your use of the Gismatrix and your Content, including all copyright, patent and trademark laws.
By using the Gismatrix and Mastersoft Services, you hereby represent that:
By accepting these Terms of Use, you also agree to the terms of Mastersoft’s Privacy Policy and all other applicable Mastersoft policies, which are hereby incorporated into these Terms of Use.
In order to access the Gismatrix / Mastersoft’s Services, you must have a Gismatrix Account. You agree that any information you give to Mastersoft in connection with your Gismatrix Account or your continued use of the Service will always be accurate, 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 your account you agree to notify Mastersoft immediately.
The Service may include hyperlinks to other websites or content or resources. Mastersoft has no control over any websites or resources that are 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 that 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.
Mastersoft has or will have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates“). Sometimes, these companies will be providing the Service to you on behalf of Mastersoft itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Service to you.
Services provided by Mastersoft / Gismatrix may contain third-party data and/or imagery. In addition, Mastersoft / Gismatrix provides the ability to view, access and incorporate maps and content that is provided by other software and content providers such as Here, Google, Microsoft, ESRI, OpenStreetMap and others through the use of web services and interfaces, including but not limited to Web Map Service. Use of third-party data and/or imagery may be subject to such third party’s License Agreement or additional use restrictions. You are solely responsible for compliance with all applicable third party license agreement(s). Third party Use Restrictions may be provided with the data (such as with metadata). Mastersoft may modify the third party license agreement and any applicable use restrictions from time to time and it is your responsibility to check for updates to these license agreements or use restrictions. If a modification any third party license agreement, or use restrictions is unacceptable, you may cancel your access upon written notice to Mastersoft or discontinue use of the Service, as applicable. Continued use of the Service will be deemed acceptance of any modifications.
You acknowledge and agree that Mastersoft (or Mastersoft’s licensors and their suppliers, as applicable) owns all legal right, title and interest in and to the Gismatrix, Service, Content and Technology (unless otherwise stated), upgrades or Gismatrix applications made by Mastersoft, which were added as plug-ins to Gismatrix by contract or order of customers or Gismatrix subscribers, including any intellectual property rights that subsist in the Gismatrix, Service and 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 redistribute, prepare derivative works from, or acquire ownership interest in Services.
You acknowledge that the Mastersoft / Gismatrix logo, and other marks (including without limitation any 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 indexed by Mastersoft) used in the Services or otherwise, whether registered or unregistered are the sole property of Mastersoft and/or its licensors or Affiliates. These marks may only be used where expressly authorized by Mastersoft or the applicable licensor or Affiliate. You may not delete or in any manner alter these marks. Any use in violation of the foregoing shall be considered a material breach of these Terms of Use.
Mastersoft’s copyright policy is to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to take-down allegedly infringing materials and/or terminating the accounts of repeat infringers, as applicable.
If you believe that anything made available via 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.
To be effective, the notification must be a written communication that includes the following:
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, via 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 any intellectual property rights of others, whether or not there is any repeat infringement.
These Terms will continue to apply to you until terminated by either you or Mastersoft. Mastersoft reserves the right in its discretion to cease providing all or any part of the Services for any or no reason. Additionally Mastersoft reserves the right to terminate your access to and use of the Service immediately without any notice if:
Certain of our Services may be subject to payments now or in the future. Please note that any payment terms presented to you in the process of using or signing up for a Services are deemed part of these Terms of Use. We may revise the rates for Services at any time, or impose additional fees or charges. If you are a subscriber to Services, we will provide prior notice of any increase of fees, by a message to the contact person listed on your account, by posting on the Service or on our web page. We may also periodically review your usage and bill you for any overages or increased usage (e.g. additional storage usage) at our then-current rates.
You may cancel your Free Gismatrix account by discontinuing your use of the Service at any time, there is no need to contact Mastersoft / Gismatrix or take any further action.
In order to cancel your Mastersoft / Gismatrix account you must notify Mastersoft that you wish to cancel your subscription. Please note that any such cancellation will take effect on the day after the last day of the then current monthly / annual subscription period.
You hereby agree to indemnify, defend and hold Mastersoft, its strategic partners, officers, directors, agents, affiliates, licensors and their suppliers (“the Indemnified Parties“) harmless from and against any claim or liability arising out of:
You agree that you are solely responsible for (and that Mastersoft has no responsibility to you or to any third party for) any breach of your obligations under the Terms 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 subject to indemnification by you. You acknowledge that damages for improper use of the Gismatrix may be irreparable; therefore, Mastersoft is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICE AND THE CONTENT ARE PROVIDED “AS IS.” IN PARTICULAR, MASTERSOFT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR 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, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
MASTERSOFT, ITS LICENSORS, AFFILIATES AND THEIR 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 SUBSIDIARIES, AFFILIATES, LICENSORS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, 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, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS); OR ANY LOSS OR DAMAGE AS A RESULT OF:
THE LIMITATIONS ON MASTERSOFT’S LIABILITY TO YOU ABOVE WILL APPLY WHETHER OR NOT MASTERSOFT, ITS SUBSIDIARIES, AFFILIATES, 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 WILL EXCLUDE OR LIMIT MASTERSOFT’S WARRANTY OR LIABILITY FOR LOSSES THAT 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 TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND MASTERSOFT’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
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.
You agree that if Mastersoft does not exercise or enforce any legal right or remedy contained in the Terms (or that 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.
If any court of law that has jurisdiction 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.
You may not assign your rights and/or obligations under these Terms. Mastersoft may assign its rights and obligations under these Terms and will inure to the benefit of Mastersoft, its successors and assigns.
The Terms, and your relationship with Mastersoft under the Terms, will be governed by the Slovenian law without regard to its conflict of laws provisions. You and Mastersoft agree to submit to the exclusive jurisdiction of the courts located in Maribor, Slovenia, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Mastersoft will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
The Terms constitute the whole legal agreement between you and Mastersoft and govern your use of the Service and Content, and completely replace and supersede any prior agreements between you and Mastersoft, written or oral, in relation to the Service and Content.
If you have any questions about this Terms of Use, You can contact us:
By email: info@gismatrix.com
By visiting this page on our website: https://www.gismatrix.com