Terms of
Service

1. Definitions

"Agreement" means these Terms together with any Ordering Documents.

"Apps" means individual Mapalyze data collection, mapping, inspection, or analysis experiences created within the platform.

"Confidential Information" means all confidential information disclosed by one party to the other that reasonably should be understood to be confidential, excluding information that is publicly known, previously known, received from a third party without obligation, or independently developed.

"Documentation" means product manuals, user guides, and help center articles describing the Services.

"Geospatial Data" means any data containing geographic coordinates, GPS locations, mapping data, GIS layers, spatial annotations, or other location-referenced information.

"Initial Term" means the initial subscription period (monthly or annual, as selected at checkout) specified in your Ordering Document.

"Merchant of Record" means Paddle, which acts as the authorised reseller of Mapalyze subscriptions and is responsible for payment processing, taxation, invoicing, refunds, and chargebacks on our behalf.

"Ordering Document" means a subscription plan or online registration specifying the Services to be provided.

"Paddle" means Paddle.com Market Ltd, our Merchant of Record for paid subscriptions, with whom you enter into the purchase transaction when buying a paid plan.

"Personal Data" means any information relating to an identified or identifiable natural person, as defined under GDPR.

"Renewal Term" means each successive period for which the subscription is renewed after the Initial Term, of the same duration as the Initial Term, unless cancelled in accordance with Section 3.1.

"Scope Limitations" means usage limits such as number of Users, Submissions, Apps, storage, or API calls.

"Submission" means a completed data collection form, map annotation, inspection record, or survey response.

"Subscription Term" means the Initial Term together with any Renewal Terms.

"User" means an individual employee, contractor, or authorized person entitled to access the Services under your account.

"We / Us / Mapalyze" means Mapalyze.

"You / Your" means the customer or entity accepting these Terms.

"Your Data" means any content, data, Geospatial Data, photos, videos, audio, or other information you upload into the Service.

2. Use of the Service

2.1 Eligibility and Grant of Rights

Mapalyze is designed, marketed, and intended for use by businesses, organizations, self-employed professionals, and authorized personnel acting in the course of their trade, business, craft, or profession. The vast majority of our customers are business users. You must be at least 18 years old and have full authority to enter into this Agreement on behalf of yourself or the entity you represent. We grant you a limited, personal, nonexclusive, non-transferable right to use the Service during the Subscription Term for internal business operations in accordance with the Documentation and Scope Limitations.

2.2 Acceptable Use

You will not, and will not permit others to:

• Rent, lease, sublicense, or permit unauthorized use of the Service
• Use the Service in violation of applicable EU, Spanish, or local law
• Circumvent, disable, or tamper with any security features
• Upload false, misleading, illegal, defamatory, or infringing content
• Use the Service to harm, threaten, harass, or stalk anyone
• Send, store, or distribute viruses, malware, or harmful code
• Use automated tools to access or data mine the Service
• Copy, reverse engineer, or create derivative works of the Service
• Use Geospatial Data to track or surveil individuals without consent
• Process special categories of personal data under GDPR Article 9 without a valid legal basis
• Use the Service for cryptocurrency, NFTs, gambling, adult content, or any activity prohibited by our payment provider's acceptable use policy
• Use the Service for military, law enforcement, or mass surveillance without prior written authorization

2.3 Responsibility for Users

You are solely responsible for all Users who access the Service through your account and must ensure they comply with these Terms.

2.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and must notify us immediately at info@mapalyze.com of any unauthorized access or security breach.

2.5 Mobile Applications

Mapalyze may, from time to time, make mobile applications available through the Apple App Store, Google Play Store, or direct distribution channels. Where such applications become available, this Agreement applies to your use of them. Any purchase made through an app store is subject to the terms of that store, but the service relationship is between you and Mapalyze — not with Apple or Google. You are responsible for any mobile data charges incurred. Until mobile applications are published, the Services are accessed through the Mapalyze web application.

2.6 Service Availability

We will use commercially reasonable efforts to make the Services available but do not guarantee uninterrupted or error-free operation. The Services may be unavailable due to maintenance, updates, or factors beyond our control.

3. Subscription and Fees

3.1 Subscription Term

Your subscription begins on the effective date in your Ordering Document. Paid subscriptions are offered on a monthly or annual billing cycle, as selected at checkout, and renew automatically for successive Renewal Terms of the same duration until cancelled. You may cancel renewal at any time from your account settings; cancellation takes effect at the end of the then-current billing period, and you retain full access until that date. Annual plans are offered at a discounted rate as shown on our Pricing page. For annual enterprise subscriptions, either party may prevent renewal by written notice at least 30 days before the end of the then-current Renewal Term.

3.2 Fees and Payment

All fees for paid subscriptions are processed by Paddle as Merchant of Record (see Section 3.8). Paddle displays prices and calculates applicable taxes based on your billing location at checkout. Subscription fees are charged in advance at the start of each billing period (monthly or annual, as selected) and renew automatically until cancelled. Plan upgrades take effect immediately and are prorated; downgrades take effect at the end of the current billing period. Paid plans include a 14-day free trial where indicated; no charge is made during the trial period.

3.3 Overage

If your use exceeds Scope Limitations, we may charge standard overage fees or restrict access until resolved.

3.4 Price Changes

We will provide at least 30 days’ written notice of any price change before it takes effect. Continued use after the price change constitutes acceptance.

3.5 Taxes

Applicable taxes (including IVA/VAT, GST, and sales tax) are calculated and collected by Paddle as the Merchant of Record, based on the billing location you provide at checkout. Paddle issues the tax-compliant invoice for each transaction in accordance with the tax regulations of your jurisdiction. Mapalyze does not separately invoice end customers for paid transactions handled through Paddle.

3.6 Late Fees

If a scheduled payment attempt fails, Paddle will automatically retry in accordance with its standard dunning process. If payment cannot be successfully collected after the retry period, your subscription may be downgraded or suspended as described in Section 4.3, without prejudice to Paddle's own collection procedures.

3.7 Consumer Right of Withdrawal

Mapalyze offers a 14-day full-refund guarantee on all paid subscriptions, applicable to every customer regardless of whether the buyer qualifies as a consumer under EU law. You may cancel and request a full refund within 14 days of the original transaction date, no questions asked. Refund requests are processed through Paddle, our Merchant of Record, in accordance with Paddle's refund policy at paddle.com/legal/checkout-buyer-terms. Full details are set out in our Refund Policy. EU consumers retain all mandatory rights under Directive 2011/83/EU and Real Decreto Legislativo 1/2007, and nothing in this clause limits those rights.

3.8 Payment Processing (Merchant of Record)

Paddle.com Market Ltd ("Paddle") acts as the authorised reseller and Merchant of Record for all paid subscriptions to Mapalyze. When you purchase a paid plan: (a) Paddle is the seller of record and the party with whom you enter into the purchase transaction; (b) Paddle is responsible for collecting, processing, and remitting all applicable taxes (including IVA/VAT, GST, and sales tax) based on your billing location; (c) Paddle issues the tax-compliant invoice for your purchase, which you can download from the link in your order confirmation email or from paddle.net; (d) Paddle handles payment processing, chargebacks, and refund requests in accordance with Paddle's own terms and refund policy, available at paddle.com/legal/checkout-buyer-terms; (e) for billing questions, refund requests, or invoice issues you may contact Paddle directly at paddle.net or email info@mapalyze.com and we will coordinate with Paddle on your behalf. Mapalyze remains solely responsible for providing the Services themselves, managing your account, and supporting your use of the platform. Nothing in this Section affects your statutory consumer rights under EU and Spanish law.

4. Termination

4.1 Termination by You

You may cancel your subscription at any time from your account settings or by contacting us at info@mapalyze.com. Cancellation takes effect at the end of your current billing period. You will retain access to the Services until that date.

4.2 Termination for Breach

Either party may terminate if the other commits a material breach and fails to cure it within 30 days of written notice. Failure to pay fees constitutes a material breach.

4.3 Termination by Mapalyze

We may suspend or terminate access if you breach Section 2.2 (Acceptable Use) and fail to remedy it within 7 days of written notice, or if your payment fails and is not resolved within 10 days of notice. We will always give you reasonable notice and an opportunity to remedy the situation before terminating, except where continued access creates an immediate legal or security risk.

4.4 Effect of Termination

Upon termination: all rights granted cease; you must stop using the Services; we will make Your Data available for export for 90 days after termination, consistent with the retention commitment stated on our Pricing page. If we terminate for reasons other than your breach, any pro-rated refund for the unused period of your prepaid subscription will be processed by Paddle as Merchant of Record in accordance with Paddle's refund procedures.

5. Your Data

5.1 Ownership

You retain all right, title, and interest in Your Data. You grant Mapalyze a limited license to host, store, transmit, and process Your Data solely to provide the Services.

5.2 Data Processing

Processing of personal data within Your Data is governed by our Data Processing Agreement (DPA), incorporated by reference. You represent that you have all necessary rights to upload Your Data to the Service.

5.3 Security

We implement appropriate technical and organizational security measures including encryption in transit (TLS 1.2+) and at rest (AES-256). We will notify you of any confirmed security breach affecting Your Data without undue delay and, in any event, within 72 hours of becoming aware of the breach, consistent with Article 33 of the GDPR.

5.4 Data Location

Your Data is stored on infrastructure located in the European Economic Area (EEA). Transfers outside the EEA, where required by sub-processors, are governed by appropriate safeguards as described in our DPA and Privacy Policy.

5.5 Geospatial Data Disclaimer

Geospatial data, maps, and analyses provided through the Service are for informational purposes only and do not substitute for the professional advice of surveyors, engineers, or other qualified professionals.

6. Intellectual Property

Mapalyze retains all right, title, and interest in and to the Service, its underlying technologies, and all related intellectual property rights. Your rights are limited to those expressly granted in this Agreement. You may not use our name, trademarks, or branding without prior written consent. You retain all rights in Your Data.

7. Warranties and Disclaimers

Each party represents that: (a) it has full authority to enter into this Agreement; and (b) entering into this Agreement does not violate any other agreement.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAPALYZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES.

8. Limitation of Liability

8.1 Exclusion of Indirect Damages

To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement, including loss of profits, loss of goodwill, or business interruption.

8.2 Data Loss

Mapalyze will not be liable for loss of Your Data where such loss results from your own actions or those of your Users, including deletion or modification by you, or from circumstances outside our reasonable control. Where loss of Your Data results directly from Mapalyze's negligence or a failure of our systems, this limitation does not apply.

8.3 Liability Cap

To the maximum extent permitted by applicable law, Mapalyze's total aggregate liability arising out of or related to this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the lesser of: (a) the total fees paid by you to Paddle for the Services in the six (6) months immediately preceding the event giving rise to liability; or (b) one hundred Euros (€100). Where no fees have been paid (including users of the free Explorer plan), Mapalyze's maximum aggregate liability shall be fifty Euros (€50). This cap applies regardless of the number or nature of claims and regardless of the theory of liability.

8.4 Exclusions from Cap

Nothing in this Section limits either party’s liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) wilful misconduct or gross negligence; (d) breach of confidentiality obligations under Section 9; or (e) any other liability that cannot be excluded or limited under applicable Spanish or EU law.

9. Confidentiality

9.1 Obligations

Each party agrees to keep the other’s Confidential Information strictly confidential and not to disclose it to any third party without prior written consent. Each party will protect Confidential Information with at least the same degree of care used to protect its own most sensitive information — and in no case less than reasonable care.

9.2 Permitted Disclosures

Confidential Information may be disclosed only to employees, contractors, or advisors who need to know it for the purposes of this Agreement and who are bound by confidentiality obligations no less protective than those in this Section. If required to disclose by law or court order, the receiving party must give the disclosing party prompt written notice (to the extent legally permitted) and cooperate with any efforts to seek a protective order.

9.3 Your Data

Mapalyze treats all Your Data — including field inspection records, geospatial data, photos, forms, and any other data you upload — as strictly confidential. We will not access, use, share, or process Your Data for any purpose other than providing the Services to you. We will not use Your Data to train AI models, build datasets, or derive insights for any purpose other than operating and improving the Services you use. Our staff access Your Data only where strictly necessary to provide technical support, and only with appropriate controls in place.

9.4 Aggregated Data

We may generate anonymized, aggregated statistics from usage of the Services (e.g., “X% of users capture data offline”) that cannot identify you or your organization. We may use such data to improve and promote the Services.

9.5 Survival

Confidentiality obligations survive termination of this Agreement indefinitely with respect to Your Data, and for 5 years with respect to all other Confidential Information.

10. General Provisions

10.1 Governing Law

This Agreement is governed by Spanish law and applicable EU legislation. Disputes shall be resolved by the courts of Huelva, Andalusia, Spain. EU consumers may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr. Nothing in this Section affects the mandatory rights of EU consumers under Regulation (EU) 1215/2012 and applicable national law to bring proceedings before, or be sued in, the courts of their place of domicile.

10.2 Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements. Any modifications must be in writing and signed by both parties.

10.3 Severability

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall continue in full force.

10.4 Waiver

Failure to enforce any provision does not constitute a waiver of the right to enforce it in the future.

10.5 Assignment

You may not assign this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of assets.

10.6 Notices

All legal notices must be sent to info@mapalyze.com. Notices are effective when delivered by email with confirmed receipt, or three (3) business days after being sent by registered mail to the address on file.

If you have any questions about these Terms of Service, please contact us at info@mapalyze.com.