Last update: December 12th, 2023
The Spanish version of our Terms of Service ("Terminos y condiciones de uso") legally prevails as Geocody by iTnnovation SAS is a Colombian company. We offer an English translation only as a convenience.
The following are the terms of use applicable to "Geocody" Users under which iTnnovation S.A.S. (the "Company") allows the use and access to the Application Programming Interface Services (the "API").
These terms will describe the relationship between the Users and the Company. They will explain the rights and obligations that Users acquire through using the Services provided by Geocody by any means and the rules under which the Parties will manage their relationship.
By registering as a User, clicking on "Create an account," "Login", or another similar link, accessing or using our Services, and expressing electronic acceptance of these terms, Geocody Users consent and accept these terms. If the User does not agree to these terms, the User should not click on the service links or other similar links and should not access or otherwise use our Services.
Likewise, by performing any of the activities mentioned above, Users declare that they have the capacity and the necessary powers to bind themselves following these terms. If whoever uses Geocody Services does so on behalf of a legal entity or third party, they guarantee that it is fully empowered to bind and represent such Person. In case of not being authorized, shall be personally liable for the obligations undertaken under these terms.
Notwithstanding the previous, and upon express written request of the User, the Company may send an electronic copy of the terms outlined in this instrument.
Geocody is an API that provides geocoding and mapping services for mobile and web applications. Geocody allows to convert addresses into geographic coordinates and geographic coordinates into addresses. Geocody will allow you to locate an address on a map and transform it into a longitude and latitude that will allow you to locate the address.
"Credits" means the number of searchable addresses or coordinates acquired by the User.
"Credits Package" means the Credit plan purchased by the User, which allows the User to have a specified number of Credits available.
"Discount" means the discount percentage on the service Fee that may be agreed upon in advance with the User.
"Fees" means the prices of the Credits or the services acquired by the Users.
"Geocody" is the application programming interface, platform, or computer development, regardless of its name, which will give the User access to the Service. The name of the technological platform, format, and operation may vary as deemed appropriate by the Company.
"Maintenance" is understood as the downtimes or interruptions of the Service, derived from technical, operational, or technological maintenance that the Company requires to perform and that may include, but are not limited to (i) maintenance windows performed by the Company, understood as the modification or repairs of the API; (ii) maintenance programmed by the User, where the maintenance of the API configuration is performed, which the User has previously requested and, therefore, has been subject to joint and previous programming. This configuration may respond to hardware and software upgrade events; and (iii) emergency maintenance, which refers to unplanned critical maintenance for the security and performance of the API, without which Geocody would not meet the Service standards..
"Parties" means jointly the Company and the User
"Person" means any person, partnership, joint venture, association, company, corporation, foundation, or any other entity with legal personality or any other government entity or any nation or political subdivision thereof, whether local or foreign, and any agency, authority, regulatory entity, court, central bank, or any entity in the exercise of its executive, legislative or judicial powers.
"Plans" means the subscription plans offered to Users.
"Service" means the application programming interface service through which Users can convert addresses to geographic coordinates and convert geographic coordinates to addresses.
"SLA" means the Service Level Agreement through which the Parties agree on availability levels, maintenance, attention, and incident criticality, among others.
"Support" shall be understood as the Service to address the failures of Geocody according to the levels of criticality thereof, provided by the Company's personnel or employees who have training and experience in the matter, who will be available in the requests response raised via email or any other communication channel that the Company allocates for this purpose, at the times published in Schedule 1, and any additional levels of assistance offered by the Company for the specific services purchased by the User and described in this instrument.
"Users" are those who request and acquire the API Services regulated by these terms. The User will have access to his profile in Geocody to upload the necessary information for the development of the Services provided by Geocody, as well as the possibility of linking its application and platform with the API and the administration of the account in Geocody.
3.1 Purpose
By contracting the API, accepting these terms, and using our Services, Users are freely and voluntarily acquiring an application programming interface service, whereby the Company agrees to deliver a non-exclusive, non-perpetual, and non-transferable license to use Geocody. By granting a non-exclusive license, the Company shall have the right and prerogative to license the use of Geocody to third parties without this representing or implying a prejudice or detriment to the rights of its Users. Any unauthorized use by Users shall result in the payment of damages in favor of the Company.
The terms of these services include this agreement and any other binding document published in Geocody or made known to the User by any other means, which will be available for consultation.
3.2 API Service and scope.
The Company offers an API for Users, i.e., it allows them to access the functionalities offered by Geocody through accounts or sessions to which they have remote access through a computer connected to the Internet. Geocody Users can integrate their mobile applications, web forms, shopping carts, CRM, ERP, BPM and any other system and upload their files so that the shared data is geocoded.
As a User, you will have access to manage Service requests and the geocoding tool that allows you to upload files manually. Users will also have access to a report of the services requested in the month from when the query is made.
3.3 Requirements to access the Services
For Users to access the Services, they must meet the following requirements:
3.4 Access Credentials
To access Geocody, the User must create a user and might establish an access password. These access credentials are unique and non-transferable, so the User is responsible for any unauthorized use by a third party, whether done voluntarily or involuntarily or any third party that may access your credentials by acts performed or generated by the User
To query the API, the User must create an access token. These access tokens are unique and non-transferable, so the User is responsible for any unauthorized use by a third party, whether done voluntarily or involuntarily or any third party that may access your credentials by acts performed or generated by the User
The User agrees to notify Geocody immediately, by any suitable and reliable means, of any unauthorized use of their account and access by unauthorized third parties to remove the access credentials immediately.
3.5 Modalities
The Service is acquired through different modalities, as explained below:
Credits Package: through this package, Users will be able to acquire several Credits in advance. The User will pay the Credits acquired in advance and will have a balance of Credits that can be used upto the last day of the month in which the payment was made. If the User does not use all of the available Credits, they will not be able to transfer or use them in the following month, resulting in the loss of such Credits. These Credits are not cumulative and must be used within the allotted period.
The User and the Company may agree in advance on specific Discounts on the Plan purchased according to their needs, which shall be a binding part of these terms.
3.6 Payment method
The Company shall make available to the User the following payment methods:
The Company reserves the right to suspend the Service when payments, deadlines, and payment conditions are unmet temporarily or permanently.
The User understands and accepts that the Company reserves the right to delete the information in their Geocody account if the non-compliance with the obligations and payments persists for more than ten (10) days, without prejudice to the backup copies that it voluntarily makes of the User's information, always respecting the current regulations regarding the handling of Personal Data and third-party information.
3.7 Refund Policy
3.8 Support Services.
a. Geocody Maintenance
The Company undertakes preventive and corrective maintenance activities to avoid possible errors, failures, or intermittencies in executing the Geocody user license or to correct its errors, failures, or intermittencies. In performing the Geocody maintenance obligation, the Company may restrict access to and use of Geocody for repairs or maintenance scheduled twenty-four (24) hours in advance or when reasonably required to secure the SLA. The maintenance periods in which Geocody is offline or disabled shall not affect the relevant downtimes and shall not be considered as generating damages to the User, as they are necessary for the development and execution of this agreemen.
Under normal conditions, the Service will be available in the percentages agreed in the SLA; however, the User accepts that there may be downtimes or interruptions of the Service derived from technical, operational, and technological maintenance that the Company requires to perform, including emergency maintenance, which refers to unplanned critical maintenance for the security and performance of Geocody configuration, without which the Service standards would not be met.
b. Technical Support.
The Company?s personnel will take care of the failures of Geocody according to the levels of criticality. They will be available to respond to the requests raised via email or any communication channels that the Company makes available to the User at the times published in the SLA and any additional level of assistance offered by the Company for specific services purchased by the User and described in these Terms.
4.1. Term.
The Service's term shall follow the Credits' Package acquired by the User or the Users' necessity of the Service
4.2. Suspension.
The Company has the power to temporarily suspend the Services if the actions or omissions of the User represent any threat to Geocody or if the payment of the Fees has not been made following Section 3.4. However, if the causes that gave rise to the non-compliance of the terms are remediated or eliminated, the Company shall resume the Services within three (3) business days.
During the term of the Service referred to in Section 3.2, and unless otherwise provided, the User shall have a limited, non-exclusive, non-assignable, and fee-based right of use to access and use the Company's Services for its operative and internal management.
Under this license of use, Users may not use the Services for purposes other than those already mentioned.
Likewise, the Users accept that the license of use can also involve accessing and using any additional functionality that the Company provides.
By accepting these terms, the User unequivocally states that this license of use does not involve additional or related services not described in Section 3.2 or for a time or period that exceeds that requested in any of the Service modalities. Therefore, once the term of the Services ends, the Services shall end.
To achieve adequate and proper implementation of the Services, the User grants the Company the right to use, process, and transmit content - meaning data, documents, files, audio, graphics, illustrations, images, information, video, photographs, texts - that is its property, during the term of the Services, as well as during the additional period and after the termination that is necessary to retrieve any information. Once the Services are terminated, all data contents will be permanently deleted.
You understand that the license to use the Software under Section 5 is subject to the following restrictions:
7.1 Obligations of the Users
The Users undertake to comply with all the obligations expressed in the present terms, as well as those determined in other documents, including but not limited to other agreements entered with the Company.
In addition to these obligations, Users shall have the following obligations:
7.2 User Prohibitions
Users agree to refrain from engaging in any of the following activities:
You are responsible for complying with all terms of use of any content, data, or information you upload when using Geocody.
If the User violates any special prohibitions, the Company reserves the right to terminate the Service without prior notice. The Company may also seek compensation for any damages incurred due to the violation.
7.3 Obligations of the Company
By the nature of the Service offered by the Company, the Company undertakes to:
Users agree that the Service provided by Geocody is an "AS IS" Service, which means that there is no express or implied warranty of any kind as to the performance of the API.
No information Users may have received by any means from the Company or any of its representatives or officers, in addition to these terms, shall engage the Company's liability or represent any warranty regarding the Services.
For this reason, the only recourse that Users will have concerning the Services provided by Geocody is not to use them again without implying any reimbursement in favor of the Users.
Requests, complaints, claims, and suggestions ("Claims") to Geocody Services shall be governed by the following provisions:
The Company will not be responsible for responding to a Claim when it deals with information or service not provided directly by Geocody. It will be responsible for giving the necessary specifications to the User as to who the responsible Person is. The Company will respond to the Claim within fifteen (15) business days from its receipt.
The Company informs Users that it shall be exempt from liability when:
Furthermore, in no event shall the Company be liable for indirect, punitive, special, exemplary, incidental, consequential, or consequential damages or any damages for loss of data, revenue, profits, or other variables concerning the use of Geocody for improper use of the API or attacks, sabotage or other unethical practices or illegal circumstances, force majeure or acts of God. Even with the preceding, and as the Company is an expert in the Services it provides, it will endeavor to have the necessary computer security measures to protect the User's data and information. In any case, the liability of the Company, of any kind or nature, shall be limited to the amount received for the Services.
Users agree that the Company may use cookies or other similar technologies, both in Geocody, its contents, and services, as well as in the emails sent to Users, for, among others, authentication, recording activities in Geocody, improving functionality, optimizing the Services offered, analyze market trends, analyze the demographic information of those who visit Geocody and make use of the services it offers, evaluate the effectiveness of advertising, the behavior of Geocody Users and the result of the activities carried out, determine who has opened the email sent and the format in which it is sent. These tools allow obtaining, among others, information regarding the type of browser and operating system used, the IP address, the time spent on Geocody, and the number of visits made to Geocody, among others.
Geocody, the solutions and the designs, graphics, text, images, source code and object code, usage model, and other content to which Users have access for the provision of the Services are the Company?s property and are protected by intellectual and industrial property as appropriate.
The distinctive signs, such as trademarks, trade names, logos, and all components of the Company's distinctive signs, are the Company's exclusive property, so Users do not have the right to use the trademarks without authorization. The User authorizes the Company to use the User's trademark solely to publish it on the Company's website or any other document it issues for marketing purposes, including, but not limited to, commercial offers, business presentations, and advertising, among others. The use of the User's trademark does not imply the granting of, or in any way, ownership rights over the trademark to the Company.
The use of the applications and Geocody by Users does not imply any transfer of intellectual property rights and copyrights of the Company on such content, nor on Geocody. These terms, the natural and functional purpose of Geocody, and the legal relationship between Users and the Company shall limit the authorized uses. The uses conferred must be interpreted in a restrictive manner.
Users and any third party must refrain from extracting or reusing parts of the content without the prior and express consent of the Company or their respective owners, under penalty of indemnifying the Company for any damage or harm caused.
The User may not sublicense, sell, rent, lease, transmit, assign, distribute, display, host, subcontract, disclose, or in any other way commercially exploit, offer, or provide the functionalities of Geocody. You may not modify, create derivative works, disassemble, decompile, or reverse engineer any part of Geocody, nor may you agree to use Geocody to create, support, or assist a third party.
No functionality of Geocody may be copied, reproduced, distributed, published, downloaded, displayed, edited, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or any other means.
Users agree that for any dispute or disagreement arising during the use of Geocody, the User and the Company shall have thirty (30) days from the date of the complaint to resolve their differences by direct negotiation or conciliation.
If, after this time, no agreement can be reached, the User and the Company are free to go to the courts of Colombia.
With the acceptance of these terms, the Company is authorized to collect, use, and process the personal data contained in Geocody and those that may be provided or collected in the future for the purposes and under the terms described in the Company's Privacy Policy, which is available at data protection policy
In any case, Users may exercise their rights to know, update, rectify, or delete the data or to revoke this authorization under the terms of the Privacy Policy.
The Company may ask Users for personal data such as name, address, telephone and email, and means of payment. By providing data by any means, the User gives express consent to the Company to carry out operations of Personal Data Processing, such as collection, storage, use, circulation, or deletion, under the terms of the Privacy Policy. The Company may also obtain data through integration with other platforms, which will also be subject to these, especially the Privacy Policy.
Personal data will be processed to develop the Company's corporate purpose and other purposes specified in the Company's Privacy Policy.
The Company will process personal data, as defined in the Company's Privacy Policy, for as long as necessary to fulfill the purposes mentioned above and as long as necessary to comply with legal or contractual obligations.
The Company may retain the User's data and information for one (1) month from the cancellation or termination of the Service so that the User requires a reactivation of the Service. After this term, the User's data and information will be deleted from the Company's databases, and in case of requiring a reactivation of the Plan, the configuration of the website and Plan that the User had previously must be performed.
These terms and all rights, obligations, and conditions hereof shall be construed, governed, and enforced following the laws applicable to Colombia. In the same sense, the resolution of any dispute or matter related to this instrument shall be subject to the jurisdiction of the competent courts of Colombia, waiving any other jurisdiction that may be competent.
Using the functionalities included in Geocody by the Users implies the acceptance of these Terms. If any User disagrees with any of the elements in the Terms, they must cease using Geocody.
These Terms constitute a legally binding agreement between Users and the Company.
The Company may make updates and changes to these Terms in appearance, features, and content. It may be changed or modified as new functions or features are developed and to the conditions of access at any time, without any additional commitment to those established by the Company or any claim of prejudice.