1. Subject matter of contract
1.1 The following terms and conditions regulate the contractual relationship between miamapo GmbH, Ibbenbürener Str. 14a, D-48496 Hopsten, and the customer with regard to the provision and use of the "miamapo" service and further service components as defined in section 2 of these GTC. For the provision and use of the service "miamapo" (drawing on/creating and sharing own maps) the GENERAL TERMS AND CONDITIONS OF BUSINESS OF MIAMAPO GMBH for the service "miamapo" (drawing on/creating and sharing own maps) shall apply.
1.2 The present offer of miamapo GmbH, on which these GTC are based, is directed exclusively to entrepreneurs in the sense of § 14 BGB (German Civil Code), i.e. natural or legal persons or partnerships with legal capacity who, when concluding the contract with miamapo GmbH, act in the exercise of their commercial or independent professional activity (hereinafter referred to as customer(s)).
1.3 The contract between the Customer and miamapo GmbH shall be concluded as follows: The Customer orders the service directly on the website "miamapo.de", specifying the desired rate. An order confirmation is automatically sent to the customer by e-mail. The contract of use comes into effect when miamapo GmbH sends the order confirmation to the customer; acceptance can also take place by activating the service for the customer.
1.4 General terms and conditions or other conditions of the Customer shall not apply unless they are expressly agreed between the parties and subsequently confirmed in text or written form by both parties.
2.1. miamapo is a service which, including all of its parts and components, makes it possible to create drawings and/or sketches on Google Maps or OpenStreetMap via the Internet using computers or mobile devices. In addition, miamapo allows the sharing of maps with colleagues, customers and partners as well as the determination of dimensions such as lengths, areas and contours. The created maps as well as determined data can be processed for various evaluation purposes and exported via system interfaces.
2.2 The miamapo portal is a technical platform that enables drawing on Google Maps or OpenStreetMap, determines desired units of measurement (e.g. areas), stores them and prepares them for display for the customer via the Internet. Via the provided internet page the customer can share the created maps and/or transfer them to his industry software via interfaces.
3. System access
3.1 To access the miamapo portal, the Customer uses any Internet access and suitable browser software. Recommended and supported browsers are Google Chrome, Mozilla Firefox, Microsoft Edge, Safari or Opera in a respective current version.
3.2 The following minimum requirements apply for access to the miamapo portal via miamapo app: Android app - version Android 4.4 or higher; iPhone app - version iOS 9.0 or higher. On older mobile devices, the miamapo web app can be used, provided that a browser is installed on the devices in accordance with the compatibility requirements according to section 3.1. of these GTC, which supports the technologies used. The customer is informed that the web app may not support certain functions.
3.3 Internet access or the required browser software for the use of miamapo are not part of this contract. The acquisition or provision of the same is the sole responsibility of the customer.
3.4 At the beginning of the contract, the Customer shall personally name an administrative contact person to miamapo GmbH. This contact person shall receive confidential access data for the Customer's portal access such as user name and password with administration rights (account in the miamapo portal). These access data are only known to the contact person. In particular, the announced password is to be changed by the administrative contact person immediately after initial access for security reasons.
3.5 The customer has the possibility to enable further users to use the miamapo portal by creating further access data. The assignment of further administration rights is possible and is the sole responsibility of the customer.
3.6 All users authorized by the customer shall ensure through careful handling of the access data that unauthorized third parties cannot gain any knowledge of this data.
3.7 The access data entitles the customer or the users authorized by the customer to access and use miamapo, in particular, depending on the rights granted, to create, query and display created and/or shared data, to personally configure the miamapo portal, and to set up and manage additional users.
3.8 If improper handling of the transmitted access data by the customer enables unauthorized third parties to access miamapo and if costs are caused by the unauthorized, improper access, the customer shall be liable for all costs incurred by miamapo GmbH as well as any legal violations committed using the access to miamapo GmbH, the customer, and third parties.
3.9 If the customer discovers unauthorized, improper access to miamapo using the access data of his authorized users, he will inform miamapo GmbH of this immediately. Upon receipt of the notification from the customer, miamapo GmbH will prevent access to the miamapo portal with the previous access data as quickly as possible and provide the administrative contact with new access data. miamapo GmbH is entitled to charge the customer for the expenses incurred in this regard.
4. Warranty and exclusion of liability
4.1 During the term of the contract, miamapo GmbH shall provide the customer with the agreed services of the miamapo service (see section 2.1.).
4.2 miamapo GmbH is not liable for the regional, temporal, and qualitative availability of the GSM mobile network when using the web app in the sense of section 3.2. In particular, miamapo GmbH is not liable for ensuring that data is transferred to the mobile network within a specified time and that data transferred to the network can be transferred to the miamapo portal.
4.3 Outside of the compatibility requirements according to clauses 3.1. and 3.2. miamapo GmbH is not liable for the visual compatibility and correct display of the data transmitted by the miamapo portal with the software used by the customer or a specific end device. In particular, no specific format, no specific content and no specific speed of display of the queried data when using the miamapo portal is guaranteed to the customer.
4.4 The liability of miamapo GmbH, regardless of the reason for liability (e.g. due to non-fulfillment, impossibility, delay, positive breach of contract and breach of obligations during contract negotiations, tort, etc.), is excluded. This exclusion of liability does not apply, however, in the case of liability under the Product Liability Act and for damages resulting from injury to life, limb, or health, insofar as these are based on an intentional or negligent breach of duty on the part of miamapo GmbH or one of its legal representatives or vicarious agents. The exclusion of liability also does not apply to other damages that are based on intentional or grossly negligent breach of duty by miamapo GmbH or one of its legal representatives or vicarious agents, however, with the proviso that liability - except in the case of intentional causation - is limited in amount to the foreseeable and typically occurring damages. Likewise, the exclusion of liability does not apply to other damages that are based on a slightly or moderately negligent breach of duty of an essential contractual obligation of miamapo GmbH or one of its legal representatives or vicarious agents, with the proviso that the amount of liability is limited to the foreseeable and typically occurring damages. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. Liability for indirect or consequential damages (e.g. loss of profit, loss of savings) is excluded. The aforementioned liability regulations shall also apply to the personal liability of legal representatives and employees as well as other vicarious agents.
4.5 A data transfer shall be deemed to have taken place when the recorded data record has been transferred to the miamapo portal by a mobile end device via the GSM mobile network. The content of the data record is irrelevant here. miamapo GmbH is not liable for costs incurred when previously calculated data volumes are exceeded. miamapo GmbH is not liable for billing errors of the respective provider for customer-owned SIM cards.
5. Contract and payment terms
5.1 miamapo GmbH shall charge the customer the contractually agreed fees for the use of the miamapo service in each case after the expiration of the period agreed in the selected tariff.
5.2 miamapo GmbH grants the customer a voluntary right of revocation of 14 days from the date the order is placed. The declaration of revocation must be sent to miamapo GmbH in writing or in text form:
Ibbenbürener Str. 14a 48496 Hopsten
Telefax: +49 5458 936668-28
In order to comply with the cancellation period, the notification of the exercise of the cancellation right must be received by miamapo GmbH before the end of the cancellation period. Fees, for the miamapo services used during the revocation period, will not be charged or refunded to the customer in the event of revocation within the time limit.
5.3 A change of tariff is possible at any time at the end of the month. The expenses will be charged to the customer by miamapo according to the contractual agreement.
5.4 Objections to the invoices issued by miamapo GmbH must be raised in writing or text form with miamapo GmbH immediately, but no later than 30 days after the invoice date. Failure to raise objections in due time shall be deemed as approval.
5.5 The retention period of the data stored within the miamapo portal is to be determined by the customer on his own responsibility in accordance with the legal provisions of data protection law and specified to miamapo GmbH. If no other instructions are given by the customer, miamapo GmbH reserves the right to completely delete all temporarily stored data from data communication in the GSM radio network after a period of 90 days after invoicing.
5.6 miamapo GmbH reserves the right to block the customer's miamapo access if the customer is in arrears with his usage fee in full or in part for more than 30 days or if the direct debit for due fees is not honored or charged back for reasons for which the customer is responsible. The blocking of access does not release the customer from the obligation to pay the fees that have accrued up to the time of the blocking as well as the full basic fee for the month in which the blocking takes place. The costs for blocking and unblocking shall be charged to the customer by miamapo in accordance with the contractual agreement.
5.7 Usage fees are considered paid when miamapo GmbH can dispose of the complete amount without restrictions. Payment with deduction of discounts that have not been agreed upon shall only be considered partial payment.
6. Data protection, credit assessment
6.1 The processing of personal data within the scope of this contract shall be carried out exclusively in compliance with the relevant data protection regulations, in particular articles 5, 6 and 9 of the EU General Data Protection Regulation (DS-GVO) and the national legal regulations issued in this regard in the Federal Data Protection Act as well as other relevant provisions on data protection.
6.2 The parties clarify that within the scope of the use of miamapo and further service components according to number 2. of these GTC, the customer is exclusively the person responsible for the processing of personal data according to article 4 no. 7 DS-GVO. The customer declares to miamapo GmbH that in this context he has all the necessary consents of his employees for the use of the miamapo service and that he expressly authorizes miamapo GmbH to provide the miamapo services using and storing this data.
6.3 Thereafter, miamapo GmbH shall act as a commissioned processor pursuant to art. 4 No. 8 DS-GVO within the scope of the use of the geoCapture service by the customer. miamapo GmbH will only process personal data from the customer's area of responsibility in accordance with the customer's instructions in this regard.
6.4 miamapo GmbH ensures that all customer-related data is protected from unauthorized access or viewing by third parties. All employees and order processors are contractually obligated to use the customer's personal data exclusively within the framework and for the agreed contractual purposes and not to pass on or disclose any personal data to third parties.
6.5 With regard to further details on data protection in the context of the use of the services of miamapo GmbH by the customer, the parties shall conclude the agreement on commissioned processing (AVV) provided by miamapo GmbH in accordance with the regulations of art. 28 DSGVO.
6.6 If the customer has made a purchase of services, miamapo GmbH is entitled to send the customer information about similar services from its range of services to the e-mail address provided during the conclusion of the contract (cf. paragraph 7 section 3 UWG/law against unfair condition). The customer can object to this use of his e-mail address at any time by e-mail, fax, or letter using the contact data of miamapo GmbH listed below, without incurring any costs other than the transmission costs according to the basic rates.
6.7 miamapo GmbH regularly checks the creditworthiness of existing customers when concluding contracts and in certain cases where there is a legitimate interest. For this purpose, we cooperate with Creditreform Münster Riegel & Riegel KG, Scharnhorststr. 46, D-48151 Münster ("Creditreform"), from whom we receive the necessary data and information. For this purpose, we transmit the name, customer number and contact details to Creditreform. The legal basis for the transmission of this data to Creditreform and its processing is art. 6 para. 1 f) DSGVO, according to which corresponding data processing is permissible on the basis of the legitimate interests of miamapo GmbH, another contractual partner of Creditreform or the general public to prevent a payment default. Cases in which legitimate interests within the meaning of Art. 6 para. lit. 1 f) DSGVO exist can be in particular the following: credit decision, delivery of goods on account, business initiation, participation relationships, claim, conclusion of an insurance contract, enforcement information.
The customer has the right to object to the transfer of this data to Creditreform, which can be asserted against miamapo GmbH by e-mail, fax or under the contact data of miamapo GmbH mentioned below. If the right of objection is exercised, however, miamapo GmbH may not be able to enter into or continue the contractual relationship with the customer. The revocation does not affect the legality of the transmission and processing of the data carried out on the basis of the above-mentioned legitimate interests until a possible revocation. The customer can obtain information from Creditreform about the data stored concerning him.
Further information on data processing at Creditreform is available at https://www.creditreform.de/muenster/datenschutz.
6.8 Furthermore, miamapo GmbH is responsible for the processing of the customer's personal data. In this respect, miamapo GmbH is entitled to collect, process and evaluate personal data of the customer regarding the use of the miamapo service, insofar as this is necessary to enable the customer to use the products and services or to bill for their use. The legal basis for this data processing is the contract, as well as art. 6 para. 1 lit. b DSGVO (which allows the processing of data for the fulfillment of a contract or pre-contractual measures with the data subject), as well as that of Art. 6 para. 1 lit. c DSGVO (which allows the processing of data for the fulfillment of a legal obligation of the controller) or that of Art. 6 para. 1 lit. f DSGVO (which allows the processing of data based on the overriding legitimate interest of the controller). Further information on data protection at miamapo GmbH as well as on the rights of data subjects and the contact details of the company data protection officer are available online at https://miamapo.de/datenschutz.
7. Contractual term, termination
7.1 The contractual relationship can be terminated at any time, unless otherwise agreed in writing. The termination must be in written form. Terminations in text form (e.g. by e-mail) shall not be accepted.
7.2 The parties are entitled to terminate the contractual relationship prematurely for special reasons without observing a notice period. Important reasons that entitle miamapo GmbH to terminate the contract without notice are, in particular, the application for and opening of insolvency proceedings by the customer, the misuse of the miamapo service, as well as the delay in payment of more than 60 days.
7.3 In the event of premature termination, the outstanding, agreed usage fees shall be calculated in one sum and become due immediately.
8. Miscellaneous, final provisions
8.1 The law of the Federal Republic of Germany shall apply to all legal relationships between miamapo GmbH and the customer, regardless of where the customer accesses the data provided. As far as legally possible, Ibbenbüren is agreed as the place of jurisdiction or fulfillment.
8.2 Amendments and supplements to these contractual terms and conditions and other agreements must be made in writing or text form in order to be valid.
8.3 miamapo GmbH is entitled to unilaterally change these General Terms and Conditions, insofar as this is necessary for the elimination of equivalence disruptions that arise subsequently or for the adaptation to changed legal or technical framework conditions and the customer is not disadvantaged by this contrary to good faith. This applies in particular if miamapo GmbH is obligated to change these GTC due to a change in the legal situation, if it thereby complies with a court ruling or an official decision directed against it, if it introduces additional, completely new services, services, or service elements that require a service description in the GTC, unless the previous contractual relationship is not adversely changed by this from the customer's point of view, if the change is only advantageous for the customer; or if the change is purely technical or procedural, unless it has significant effects for the customer. miamapo GmbH will inform the customer in text form about a change and communicate the content of the changed regulations. The amendment shall become part of the contract if the customer does not object to its inclusion in the contractual relationship with miamapo GmbH in writing or text form within four weeks of receipt of the notification of amendment. The right of both parties to terminate the contract in accordance with clause 9.1. of these GTC remains unaffected by this.
8.4 Should any of the above provisions be invalid or void, this shall not affect the validity of the other provisions or the concluded contract. The invalid provision shall be replaced by the valid provision that comes closest to the economic purpose of the invalid provision.
Ibbenbürener Straße 14a
Tel. +49 5458 936 668 0