General Terms and Conditions

§ 1 Scope

These terms apply to all contracts between NIMTEG Nils Meyer und Detlev Gruner Freiberufliche IT-Dienstleistungen (the “Provider”, poidata.com / poidata) and its customers for the provision of POI location data.

The offering is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. It is not directed at consumers. Conflicting or deviating terms of the customer only become part of the contract with the Provider's express written consent.

§ 2 Conclusion of contract

The presentation of datasets on poidata.com is not a binding offer but a non-binding invitation to enquire. There is no automated instant purchase.

The customer requests the desired services; the Provider then submits an individual offer. The contract is concluded only upon acceptance of that offer or upon the Provider's order confirmation in text form.

§ 3 Scope of services

The Provider provides the customer with the agreed POI dataset in the agreed format (e.g. CSV, GeoJSON, Shapefile) and scope for download. Agreed updates are provided in the agreed cycle.

The specific scope of services results from the individual offer or the order confirmation.

§ 4 Rights of use

The Provider grants the customer a simple, non-exclusive right, limited to the term of the contract, to use the provided data for its own business purposes and to integrate it into its own products and applications.

Passing on or reselling the raw data to third parties without separate written agreement is not permitted. Derived analyses and presentations remain unaffected.

§ 5 Prices and payment

The prices stated in the individual offer apply plus statutory VAT. Unless otherwise agreed, invoicing is by invoice with payment due within 14 days of the invoice date without deduction.

§ 6 Currency and availability of the data

The data is collected, checked and prepared with due care. However, POI data is subject to ongoing change; the Provider assumes no guarantee of completeness, accuracy and uninterrupted availability at all times, unless a specific quality has been expressly warranted.

§ 7 Data source and data protection

The subject matter is exclusively publicly accessible location data about facilities with no personal reference. The customer is responsible for the data-protection-compliant use of the data within its own area of responsibility.

§ 8 Warranty and liability

The Provider is liable without limitation in cases of intent and gross negligence and for injury to life, body or health. In cases of simple negligence, the Provider is liable only for breach of a material contractual obligation (cardinal obligation) and limited in amount to the foreseeable damage typical for the contract.

Otherwise liability is excluded. Liability under the German Product Liability Act remains unaffected.

§ 9 Term and termination

For the one-off provision of datasets, the contract ends upon full performance. For agreed update subscriptions, the term and notice period agreed in the offer apply.

§ 10 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes is – to the extent legally permissible – the Provider's registered office in Kiel.

Amendments and additions to this contract require text form. Should any provision be invalid, the validity of the remaining provisions remains unaffected.