Effective Date: January 24, 2024
1. Introduction and Agreement Scope
Smart Site Plan™ (“SSP”) is a cloud-based data integration service, owned and operated by Juno Maps, LLC (“Licensor”). This Terms of Service (ToS), along with the Privacy Policy, constitutes the entire agreement between the Licensor and the Licensee.
2. Service Description and Specifications
SSP provides access to various data types, integrating services like Stripe, ESRI, Google Street View, and Google Analytics. It uses Google Cloud Platform for data processing and storage. Licensees are responsible for verifying data accuracy within SSP.
3. License Grant and Limitations
A non-transferable, non-exclusive, worldwide, royalty-free license to use SSP is granted. This includes a short-term 24-hour access license and a standard license with a minimum one-month term. Licensees must maintain appropriate equipment and internet services for SSP access.
4. Licensee’s Responsibilities
- Data Verification: The Licensee is solely responsible for verifying the accuracy and completeness of all data accessed or used within SSP. This includes, but is not limited to, data related to infrastructure, land developments, and any other information provided through SSP’s service.
- Liability for Inaccuracies: The Licensee acknowledges that the Licensor is not responsible or liable for any inaccuracies, errors, or omissions in the data provided through SSP. The Licensee assumes all risks related to the use of such data in their projects and decision-making processes.
- System Configuration and Internet Services: The Licensee is responsible for ensuring the proper configuration of their equipment, ISP, and other internet services necessary for optimal access to and use of SSP.
- Compliance with Terms: The Licensee must comply with all other terms and conditions outlined in this agreement, including the use of SSP in accordance with the granted license and any restrictions or limitations.
5. Payment Terms
- License Fees: License fees are due at the start of each licensing term. For invoice payers, payment terms are set to 30 days from the date of invoice issuance.
- Renewal and Late Payments: For ongoing services, renewal fees are applicable and should be paid in accordance with the terms set at the beginning of the renewal period. Late payments may incur additional charges or result in suspension of service.
- Taxes and Additional Charges: Licensees are responsible for all applicable taxes and any additional charges related to the use of SSP.
- Fee Adjustments: The Licensor reserves the right to adjust fees. Licensees will be notified of any fee adjustments at least 30 days in advance.
6. Warranty, Indemnification, and Liability
- Warranty Disclaimer: The Licensor disclaims all warranties, including merchantability and fitness for a particular purpose, to the extent allowed by law.
- Indemnification: Both parties agree to indemnify each other against claims arising from breaches of this agreement or infringement of intellectual property rights.
- Limitation of Liability: The Licensor’s liability is limited to the amount paid by the Licensee under this agreement.
7. Data Collection, Use, and Protection
SSP collects Licensee Personally Identifiable Information (LPIA) through various methods and uses it as outlined in the Privacy Policy. Robust encryption and security measures protect LPIA.
8. Third-Party APIs and Services
SSP integrates with third-party services subject to their respective privacy policies and terms.
9. User Data Rights and Responsibilities
Users are responsible for verifying data accuracy. Licensees can request access to, update, or delete their Project Data in compliance with data protection laws.
10. Security and Data Breach Procedures
Immediate response and containment measures are in place for security breaches, along with investigation, notification, and support for affected customers.
11. Amendments, Severability, and Nonwaiver
- Amendments: This ToS can be amended only in writing by authorized representatives of both parties.
- Severability: If any part of this ToS is found invalid, the remainder continues in effect.
- Nonwaiver: Failure to exercise any right under this ToS does not constitute a waiver of such right.
12. Termination
This agreement may be terminated under specific conditions such as breach of terms or failure to pay fees. Upon termination, all access to SSP is revoked.
13. Entire Agreement
This ToS, along with the Privacy Policy, constitutes the entire agreement between the Licensor and the Licensee regarding SSP.
14. Special Provisions for Free Memberships, Trials, and Promotional Offers
Terms for free trials and promotional offers are subject to change and will be communicated as per the ToS.
15. General Terms and Conditions
- Governing Law: Governed by the laws of the State of Maryland.
- Privacy Policy: Refer to Smart Site Plan Privacy Policy.