The website listed above, hereinafter referred to as "Website" is operated by the following party:
Flexatel LLC, a limited liability company, organized under the laws of the state of California (hereinafter referred to as "Administrator", “we”, “us”)
For any questions or comments regarding this User Agreement for the GisCarta Subscriptions (the “User Agreement”), the Administrator may be reached at the following contact points via email: support@giscarta.com
Administrator provides access to the use of the functionality of the GIS of geoinformation applications GisCarta (or the "GisCarta") and the Content placed in them on the terms of this User Agreement an integral part of Website legal documents located at: https://giscarta.com.
Please read this User Agreement carefully. Any usage of the GisCarta, including those intended for familiarization with its Content, means the full and unconditional acceptance by the User of the terms of this Agreement and other Website legal documents located at: https://giscarta.com.
1. GisCarta Subscription (the "Subscription") — a digital subscription that entitles User to use GisCarta software or Services specified in Plans during a set period of time.
2. GisCarta Geoinformation Application ("GisCarta") — the Website, applications, functionality, GIS Web and APIs (application programming interfaces) owned by Administrator, both operating as of the date of User’s acceptance of this Terms and running after that date.
3. GIS User (or "User") is an individual of eighteen (18) years old or older who uses the GisCarta in accordance with the procedures set out in this User Agreement and other Website legal documents. User may use the GisCarta on behalf of and per request of a legal person, provided that User is authorized to do so, in which case this User Agreement applies to both User and the represented entity.
4. Administrator is the owner of the GisCarta, including Website, and may provide access to it to all the interested parties in accordance with the current principles and norms of international law, the applicable laws, this User Agreement and other Website legal documents located at: https://giscarta.com.
5. Content — data, metadata, hyperlinks, texts, audio and video materials, scripts, web maps, sensor data, graphic objects (raster and vector images), including cartographic products, maps, plans, Earth remote sensing and aerial survey data, or any other information put and stored in Services by Administrator ("Administrator's Content") or User ("User's Content").
6. Registration and User account ("GisCarta ID")
6.1. To gain access to the GisCarta and the Content placed in them, User needs to create an account (GisCarta ID). To create an account, User must register.
6.2. Registration of User is voluntary and means an implicit confirmation by User of the facts that he has reached the age of eighteen (18) and that he/she has the necessary authorization in case of using the GisCarta on behalf of and on behalf of the organization.
6.3. For registration, User is obliged to provide Administrator with the necessary, reliable and up-to-date information about herself, including a unique e-mail address for each User, login and password for access to the GisCarta. The registration form may request additional information from User, including first and last name, phone number and other information, the provision of which is at User’s discretion. User may provide Administrator with the requested information both independently and by providing access to their accounts on other Internet resources. It is forbidden to provide false information or information about another person under the guise of information about yourself (i.e.: create a "fake account").
6.4. Administrator reserves the right at any time to require User to confirm the data specified during registration, and to request the necessary supporting documents where applicable (in particular, identity documents), the failure to provide which, at the discretion of Administrator, may be treated as the provision of false information. If the User’s data specified in the documents provided by him do not correspond to the data specified during registration, and also in the event that the data specified during registration does not allow the User to be identified, Administrator has the right at its sole discretion to refuse, pause or terminate the User’s access to the account and use the GisCarta.
6.5. After providing the information necessary for registration, User must confirm the registration by activating the account through a message sent by Administrator to the User’s e-mail provided during the registration. The result of successful activation is the creation of the User’s account (GisCarta ID).
6.6. Information about User contained in his account is stored and processed by Administrator in accordance with the terms of the Privacy Policy and other Website legal documents located at: https://giscarta.com. User is responsible for the timely updating of the information specified in his account.
6.7. The login and password chosen by User are necessary and sufficient information for access to the GisCarta, unless otherwise specified by this User Agreement and/or an individual agreement on the use of GisCarta with the particular User(s). User does not have the right to transfer his login and password to third parties, and is fully responsible for their safety, in this respect, he independently chooses the method of their storage. Unless User proves otherwise, any actions performed using his login and password are considered and deemed to be performed by the corresponding User.
6.8. In the event of unauthorized access to the login and password and/or the User’s account by third parties, or in the event of another actual or possible leakage of the User’s registration data, she is obliged to immediately notify Administrator by e-mail info@GisCarta.com, and to comply with all proposed by the Administrator actions necessary to change the login/password or other actions aimed at neutralizing the consequences of leakage of registration data.
6.9. User is prohibited from using the login and password of another registered User to access the GisCarta.
6.10. User has the right: (a) to independently edit and delete information in his account, with the exception of deleting the login, password and email address; (b) independently delete his account by sending a corresponding request to Administrator. The account is deleted by Administrator at the User’s request within twenty-four (24) hours from the date of sending the request to delete the account.
6.11. Administrator has the right at its sole discretion to temporarily block or permanently delete (terminate) the User’s account without prior notice and without explanation, including in case of violation by the User of the terms of this User Agreement and/or other Website legal documents located at: https://giscarta.com. After deleting the account, the User loses access to the functionality of the GisCarta and the Content placed in them, available only to registered Users.
7. Terms of use
7.1. Administrator grants User access to the following functionality of the GisCarta:
• storage of the Content on the Administrator’s servers or the disk space of the User’s devices;
• creating, downloading, modifying, viewing, processing, visualizing and analyzing Content using the computing power of the Administrator’s servers and/or the User’s devices;
• distribution of the Content by providing access to it to a limited or unlimited circle of Users and third parties;
• access to the Content provided by Administrator and other Users;
• usage of GisCarta;
• creating commercial and non-commercial applications.
7.2. Administrator reserves the right to change/correct or update the GisCarta at any time, without prior notice to Users. After the release of a new version, Administrator does not guarantee the stability and duration of the outdated version.
7.3. Technical, organizational and commercial conditions for using the GisCarta, including their functionality, are brought to the attention of the User by the Administrator: (a) by posting the relevant information in separate sections of the GisCarta.com and/or GisCarta.ru websites, (b) by placement of relevant information on other information resources controlled by Administrator; © by placing the relevant information in the Agreements and Contracts on the use of individual GisCarta.
7.4. Administrator reserves the right to establish and change at his own and sole discretion any rules, limits and restrictions on the use of the GisCarta, including, but not limited to: the size of the disk space intended for storing User Content; the number of User Content objects; on the number of hits to the User Content per unit of time; on the settings of access to User Content. In cases where it is not prohibited by law, these rules, limits and restrictions may be different for different categories of Users.
7.5. User bears full responsibility for his actions related to the use of the GisCarta, including liability to third parties in cases where the placement of the Content by such a User violates the rights and legitimate interests of third parties.
7.6. When using the GisCarta, User is prohibited from:
• creating, uploading, storing, distributing or otherwise using the Content in a way that violates the rights and legitimate interests of other Users and / or third parties, the requirements of the current principles and norms of international law, the laws applicable to User, as well as this Agreement;
• creating, uploading, storing, distributing or otherwise using the Content in the absence of rights to perform such actions, acquired or transferred to it legally;
• uploading, storing, publishing, distributing and providing access to or otherwise use viruses, trojans and other malicious programs;
• in any way, including, but not limited to, by deception, breach of trust, hacking,
• malicious attack, try to gain access to the login and password of another User;
• collection, processing and distributing personal data of other persons in violation of the requirements of the current applicable legislation, as well as violation of other applicable laws;
• using GisCarta in any way other than through the interfaces provided by Administrator, unless such actions have been expressly permitted to User in accordance with a separate User Agreement concluded with Administrator;
• placing advertising materials, except when such actions are expressly permitted to User in accordance with a separate User Agreement with Administrator;
• posting any other information that does not meet the goals of creating the GisCarta, infringes on the interests of the Users or is undesirable for placement in the GisCarta for other reasons;
• carrying out other actions aimed at disrupting the normal functioning of the GisCarta, the rights and legitimate interests of Administrator, other Users and/or third parties.
7.7. Administrator has the right at its sole discretion to permanently delete or temporally suspend User’s access to the GisCarta, as well as delete the Content posted by User in the GisCarta, without prior notice and without explanation, including in case of violation by the User of the existing principles and norms of international law, other applicable laws on User’s rights, this Agreement, the rights and legitimate interests of other Users and third parties.
8. Data Usage
8.1. The data available pursuant to this Agreement is provided "as is", the Content provided when rendering the Services is the data provided by a specific User himself or provided by other Users. Except for guarantees specifically indicated in this User Agreement, Administrator excludes all direct or indirect warranties about GisCarta content.
8.2. User agrees that use of the Website and GisCarta, Content and/or Service is entirely at his own risk. GisCarta and other Administrator’s websites, content and service are provided "as is", without warranty or condition of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, Administrator explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement of proprietary rights. Administrator makes no warranty that the GisCarta, other sites, content and service will meet User requirements or be available on an uninterrupted, secure, or error-free basis. Administrator makes no warranty regarding the timeliness, accuracy, performance, quality, truth, completeness or reliability of the any of his sites, including GisCarta, content and service. Administrator disclaims any warranties for other services or goods received through or advertised on any of his sites, including GisCarta, content or service, or accessed through any links on the sites. To the fullest extent permitted by law, Administrator disclaims any warranties for viruses or other harmful components in connection with any of his sites, including GisCarta, and content or service. No advice or information, whether oral or written, obtained from Administrator or through the GisCarta, content and/or service, will create any warranty not expressly made herein. User hereby releases Administrator, its officers, directors, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to any disputes relating to the sites, Content and/or Service.
8.3. Administrator is not responsible for and does not bear any liability for updating the provided Content. User agrees and undertakes to use the provided Content at its own discretion and risk.
8.4. Administrator does not carry out any preliminary moderation of User Content, does not control its content and is not responsible for the actions of Users in relation to their use of the GisCarta and the content provided and used by the GisCarta.
8.5. Administrator does not bear any responsibility for the safety and accuracy of the data uploaded on the https://map.giscarta.com.
8.6. User uses the Services personally and has no right to transfer or assign her usage rights to any third person(s) unless such transfer is first approved by Administrator in written form.
8.7. In no case Administrator and its employees will be liable for any damages, including data losses, or lost profits caused by use of GisCarta software, Website and Services or by Administrator blocking or deleting User access to GisCarta Software and Services, blocking or deleting User account, or removing User Content from GisCarta Services.
8.8. Administrator confirms that he possesses all the rights to the Website domain name.
9. Protection of intellectual property rights
9.1. All intellectual property objects that are part of the GisCarta and ensure their functioning, including design elements, text, graphics, videos, computer programs, databases, sounds and other objects and their collections (hereinafter referred to as the “Content of the GisCarta”), as well as the Content, placed in the GisCarta by Users or Administrator, are intellectual property objects of the exclusive rights of respective Users, Administrator, other copyright holders or are part of the public domain. All rights to objects of exclusive rights are reserved.
9.2. The use by Users of the Content of the GisCarta is possible only within the framework of the functionality provided by the GisCarta and subject to the preservation of all copyright, related rights, trademarks, other notices of authorship, as well as the preservation of the name of the copyright holder unchanged. The exception is cases expressly provided for by the applicable legislation or this User Agreement and other Website legal documents located at: https://giscarta.com.
9.3. The user is not entitled to place Content in the GisCarta in the absence of the explicit consent of the copyright holder to such actions. By placing Content in the GisCarta, User confirms that he has the legal right to use it within the framework of the functionality provided by the GisCarta, including the right to reproduce (copy) and distribute the Content.
9.4. User retains his intellectual property rights to all Content created, uploaded, stored or otherwise used by him in the GisCarta.
9.5. User, by placing the Content legally owned by him in the GisCarta, grants Administrator and other Users a non-exclusive right to use it exclusively within the framework of the functionality provided by the GisCarta, except when such use causes or may cause harm to the legally protected interests of the copyright holder. The User can expand the list of acceptable ways of using the Content posted by him by indicating them in the description or metadata of the Content.
9.6. In the event that the placement and subsequent use of the Content within the framework of the functionality provided by the GisCarta is possible only subject to the indication of authorship, the rules for copying and distributing the Content or other conditions for its use ("attribution"), User is obliged to indicate the relevant information in the description or metadata of the Content.
9.7. Any use of the GisCarta Content or related content, except as permitted in this Agreement or in the case of the express consent of the copyright holder to such use, is strictly prohibited.
9.8. Unless otherwise expressly provided in this Agreement, nothing in it shall be construed as a transfer of exclusive rights to the GisCarta Content or to the related content.
10. Limitation of Administrator’s liability
10.1. GisCarta and its functionality, including all scripts, applications, design, GisCarta Content and related content, are provided "as is". Administrator disclaims all warranties that the GisCarta or its individual functionality may or may not be suitable for specific purposes of use. Administrator cannot guarantee and does not promise any specific results from the use of the GisCarta and/or its functionality.
10.2. Using the GisCarta, the User agrees that he uses the Content posted in the GisCarta at his own risk and is personally responsible for the possible consequences of using the specified Content, including for the damage that this may cause to the User’s or another person’s computer, mobile devices, any other hardware or software, or for loss of data or any other harm. User accepts and agrees that when using the GisCarta, he may encounter Content that is offensive, harmful, inaccurate or inconsistent with the rules.
10.3. The Administrator may take actions to protect the rights and interests of Users and third parties only after the person concerned applies to Administrator in written form. Appeals from copyright holders about the unlawful placement in the GisCarta of their Content must comply with the applicable laws.
10.4. Under no circumstances shall Administrator and its employees be liable to User or third parties for any material damage, moral damage, harm to life or health, as well as lost profits caused by the use of the GisCarta or the Content posted in them.
10.5. Under no circumstances shall Administrator and his employees be liable to User or third parties for any damage caused by the use of the GisCarta, including loss of data, as well as for lost profits caused by the actions of Administrator to delete or suspend the User’s access to the GisCarta, temporary blocking or permanently deleting the User’s account, as well as deleting the Content posted by the User in the GisCarta.
10.6. Administrator will take all reasonable measures and carry out any reasonable actions aimed at ensuring the safety of the User Content and maintaining the GisCarta in working order. At the same time, User is aware of the possibility of technical malfunctions and malfunctions in the operation of the GisCarta and agrees that Administrator does not have the technical ability to predict their occurrence, notify User of them in advance, or completely eliminate the possibility of their occurrence. The occurrence of such malfunctions or failures, regardless of the causes and consequences, cannot be the basis for applying liability measures to Administrator.
10.7. In cases where the provision of services pursuant to this Agreement is at no charge to User or where the GisCarta is used for the needs associated with the entrepreneurial activities, the relationship between Administrator and User any applicable rules of consumer protection shall not apply.
11. Terms of the tariff policy and payment
11.1. The terms of payment and the plan policy are contained on the official Website of GisCarta: https://giscarta.com
11.2. The list of widgets in landing is provided on the official web site of GisCarta: https://giscarta.com and may be unilaterally modified by Administrator.
11.3. The price as indicated on the landing page is subject to change until it is paid in full by the User.
11.4. In case of non-payment for a premium subscription, User will be still entitled to use a basic subscription; in this case, her account will be downgraded to a basic subscription automatically.
11.5. In case of delay in payment, all the saved projects and their data, except for the last one edited, are deleted from database.
11.6. In case of expiration of the data, the access will be closed both to the data from and to the data from the published applications.
11.7. In case any or all of the subscription (s) is/are overdue, everything will be divided into data and widgets.
12. Final provisions
12.1. This User Agreement is concluded between User and Administrator regarding the procedure for using the GisCarta and the Content posted in them for an indefinite period of time and subject to change by Administrator at its sole discretion at any time with or without a notice to the User.
12.2. Regardless of the location of User or his equipment, all relations related to the use of the GisCarta are subject to the applicable laws and any claims or claims arising from the GisCarta usage must be filed and considered in court at the location of the Administrator. The User hereby expressly consents to personal jurisdiction of California courts over User.
12.3. In the event of any disputes or disagreements related to the execution of this Agreement, User and Administrator will make every effort to resolve them through negotiations between them. In the event that disputes are not resolved through negotiations, they are subject to resolution in the manner prescribed by the applicable legislation.
12.4. If, for one reason or another, one or more terms of this User Agreement and other Website legal documents located at: https://giscarta.com are found to be invalid or unenforceable, that shall not affect the validity or enforceability of the remaining terms.
12.5. Termination. If User violates any term of this Agreement, her permission to use the GisCarta will automatically terminate. Administrator also reserves the right to revoke User’s access to and use of the Service, delete or deactivate her account, or block her email or IP address at any time, with or without cause. User agrees that Administrator shall not be liable to User or any third party for any termination of User’s access to the GisCarta. User can terminate her account, GisCarta ID, at any time and for any reason. To delete an account, it is necessary to send an email message to support@giscarta.com. All provisions of this Agreement will survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12.6. This User Agreement and other Website legal documents located at: https://giscarta.com may be changed and/or supplemented by Administrator unilaterally without any special notice. The current version of the Agreement is located on the Internet at: https://giscarta.com/user-agreement Administrator recommends that Users regularly check this User Agreement for changes and / or additions. Continued use of the GisCarta by the User after making changes and/or additions to this User Agreement means the User’s acceptance and consent to such changes and/or additions.
12.7. All questions, appeals and claims related to the use/inability to use the GisCarta, as well as possible violation of the law and/or rights of third parties, should be sent by e-mail support@giscarta.com.
Last revised on January 26, 2024