If your billing address is in Batam, please review these terms & conditions which apply to your use of Bitmaps Platform.
Bitmaps Platform License Agreement
This Bitmaps Platform License Agreement (the “Agreement”) is made and entered into between PT Aplikasi Terpadu Andalan and the entity or person agreeing to these terms (“Customer”).
This Agreement is effective as of the date Customer clicks to Submit the Agreement, or enters into a Reseller Agreement if purchasing through a Reseller (the “Effective Date”). If you are accepting on behalf of Customer, you represent and warrant that: (a) you have full legal authority to bind Customer to this Agreement; (b) you have read and understand this Agreement; and (c) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer’s access to and use of the Services.
1. Provision of the Services.
1.1 Use of the Services in Customer Applications. PT Aplikasi Terpadu Andalan will provide the Services to Customer in accordance with the Agreement, and Customer may use the Services in Customer Application(s).
1.2 Accounts. Customer must have an Account. Customer is responsible for: (a) the information it provides in connection with the Account; (b) maintaining the confidentiality and security of the Account and associated passwords; and (c) any use of its Account.
1.4 New Features and Services. PT Aplikasi Terpadu Andalan may: (a) make new features or functionality available through the Services and (b) add new services to the “Services” definition. Customer’s use of new features or functionality may be contingent on Customer’s agreement to additional terms applicable to the new feature or functionality.
1.5 PT Aplikasi Terpadu Andalan may make changes to the Agreement, including pricing and any linked documents. Unless otherwise noted by PT Aplikasi Terpadu Andalan, material changes to the Agreement will become effective 30 days after notice is given, except (a) materially adverse SLA changes will become effective 90 days after notice is given; and (b) changes applicable to new Services or functionality, or required by a court order or applicable law, will be effective immediately. PT Aplikasi Terpadu Andalan will provide notice for materially adverse changes to any SLAs by: (i) sending an email to the Notification Email Address; (ii) posting a notice in the Admin Console; or (iii) posting a notice to the applicable SLA webpage. If Customer does not agree to the revised Agreement, Customer should stop using the Services. PT Aplikasi Terpadu Andalan will post any modification to this Agreement to the Terms URL.
2. Payment Terms.
2.1 PT Aplikasi Terpadu Andalan will issue an electronic bill to Customer for all charges and will pay all Fees in the currency set forth in the invoice. If Customer elects to pay by QR, Transfer or other non-invoiced form of payment, PT Aplikasi Terpadu Andalan will charge (and Customer will pay) all Fees immediately at the end of the Fee Period.
2.2 Taxes.
2.2.1 each party is responsible for any Taxes arisen by government.
2.2.2 If required under applicable law, Customer will provide PT Aplikasi Terpadu Andalan with applicable tax identification information that PT Aplikasi Terpadu Andalan may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse PT Aplikasi Terpadu Andalan for) any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer.
2.3 Invoice Disputes & Refunds. Any invoice disputes must be submitted before the payment due date.
2.4 Delinquent Payments; Suspension. If Customer’s payment is overdue, then PT Aplikasi Terpadu Andalan may (a) charge interest on overdue amounts at 1.5% per month (or the highest rate permitted by law, if less) from the Payment Due Date until paid in full, and (b) Suspend the Services or terminate the Agreement. Customer will reimburse PT Aplikasi Terpadu Andalan for all reasonable expenses (including attorneys’ fees) incurred by PT Aplikasi Terpadu Andalan in collecting overdue payments except where such payments are due to PT Aplikasi Terpadu Andalan’s billing inaccuracies.
3. License.
3.1 License Grant. Subject to the Agreement’s terms, during the Term, PT Aplikasi Terpadu Andalan grants to Customer a non-exclusive, non-transferable, non-sublicensable, license to use the Services in Customer Application(s).
3.2 License Requirements and Restrictions. The following are conditions of the license granted in Section 3.1. In this Section 3.2 (License Requirements and Restrictions), the phrase “Customer will not” means “Customer will not, and will not permit a third party to”.
3.2.1 General Restrictions. Customer will not: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code (except to the extent such restriction is expressly prohibited by applicable law); (b) sublicense, transfer, or distribute any of the Services; (c) sell, resell, sublicense, transfer, or distribute the Services; or (d) access or use the Services: (i) for High Risk Activities; (ii) in a manner intended to avoid incurring Fees; (iii) in a manner that breaches, or causes the breach of, Export Control Laws;
3.2.2 Requirements for Using the Services.
(a) Terms of Service and Privacy Policy.
(i) The Customer Application’s terms of service will (A) notify users that the Customer Application includes Bitmaps features and content; and (B) state that use of Bitmaps features and content is subject to the then-current versions of the: (1) Bitmaps/PT Aplikasi Terpadu Andalan Additional Terms of Service at https://www.bitmap-batam.com ;
(ii) If the Customer Application allows users to include the Bitmaps Core Services in Downstream Products, then Customer will contractually require that all Downstream Products’ terms of service satisfy the same notice and flow-down requirements that apply to the Customer Application.
(b) Attribution. Customer will display all attribution that (i) PT Aplikasi Terpadu Andalan provides through the Services (including branding, logos, and copyright and trademark notices); or (ii) is specified in the Maps Service Specific Terms. Customer will not modify, obscure, or delete such attribution.
(c) Review of Customer Applications. At PT Aplikasi Terpadu Andalan’s request, Customer will submit Customer Application(s) to PT Aplikasi Terpadu Andalan for review to ensure compliance with the Agreement.
3.2.3 Restrictions Against Misusing the Services.
(a) No Scraping. Customer will not export, extract, or otherwise scrape Bitmaps Content for use outside the Services. For example, Customer will not: (i) pre-fetch, index, store, reshare, or rehost Bitmaps Content outside the services; (ii) bulk download Bitmaps tiles, Street View images, geocodes, directions, distance matrix results, roads information, places information, elevation values, and time zone details; (iii) copy and save business names, addresses, or user reviews; or (iv) use Bitmaps Content with text-to-speech services.
(b) No Creating Content From Bitmaps Content. Customer will not create content based on Bitmaps Content. For example, Customer will not: (i) trace or digitize roadways, building outlines, utility posts, base map type; (ii) create 3D building models from 45° Imagery from Maps JavaScript API; (iii) build terrain models based on elevation values from the Elevation API; (iv) use latitude/longitude values from the Places API as an input for point-in-polygon analysis; (v) construct an index of tree locations within a city from Street View imagery; or (vi) convert text-based driving times into synthesized speech results.
(d) No Re-Creating PT Aplikasi Terpadu Andalan Products or Features. Customer will not use the Services to create a product or service with features that are substantially similar to or that re-create the features of another PT Aplikasi Terpadu Andalan product or service.
(e) No Use in Embedded Vehicle Systems. Customer will not use the Bitmaps Services in connection with any Customer Application or device embedded in a vehicle. For example, Customer will not create a Customer Application that (i) is embedded in an in-dashboard automotive infotainment system; and (ii) allows End Users to request driving directions from the Directions API.
(f) No Modifying Search Results Integrity. Customer will not modify any of the Bitmaps Services’ search results.
3.2.4 Benchmarking. Customer may not publicly disclose directly or through a third party the results of any comparative or compatibility testing, benchmarking, or evaluation of the Services (each, a “Test”), unless the disclosure includes all information necessary for PT Aplikasi Terpadu Andalan or a third party to replicate the Test. If Customer conducts, or directs a third party to conduct, a Test of the Services and publicly discloses the results directly or through a third party, then PT Aplikasi Terpadu Andalan (or a PT Aplikasi Terpadu Andalan directed third party) may conduct Tests of any publicly available cloud products or services provided by Customer and publicly disclose the results of any such Test (which disclosure will include all information necessary for Customer or a third party to replicate the Test).
4. Customer Obligations.
4.1 Compliance. Customer will: (a) ensure that Customer’s and its End Users’ use of the Services complies with the Agreement; (b) prevent and terminate any unauthorized use of or access to its Account(s) or the Services; and (c) promptly notify PT Aplikasi Terpadu Andalan of any unauthorized use of or access to its Account(s) or the Services of which Customer becomes aware.
4.2 Copyright Policy. PT Aplikasi Terpadu Andalan provides information to help copyright holders manage their intellectual property online, but PT Aplikasi Terpadu Andalan cannot determine whether something is being used legally without input from the copyright holders. PT Aplikasi Terpadu Andalan will respond to notices of alleged copyright infringement and may terminate repeat
4.3 Data Use, Protection, and Privacy.
4.4 Data Use and Retention. To provide the Services through the Customer Application(s), PT Aplikasi Terpadu Andalan collects and receives data from Customer and End Users (and End Users’ End Users, if any), including search terms, IP addresses, and latitude/longitude coordinates. Customer acknowledges and agrees that PT Aplikasi Terpadu Andalan and its Affiliates may use and retain this data to provide and improve PT Aplikasi Terpadu Andalan products and services.
4.5 European Data Protection Terms. PT Aplikasi Terpadu Andalan and Customer agree to the Bitmaps Controller-Controller Data Protection Terms.
4.6 End User Requirements.
(a) End User Privacy. Customer’s use of the Services in the Customer Application will comply with applicable privacy laws, including laws regarding Services that store and access Cookies on End Users’ devices.
(b) End User Personal Data. Through the normal functioning of the Bitmaps Services, End Users provide personally identifiable information and Personal Data directly to PT Aplikasi Terpadu Andalan, subject to the then-current PT Aplikasi Terpadu Andalan Privacy Policy;
(c) End User Location Privacy Requirements. To safeguard End Users’ location privacy, Customer will ensure that the Customer Application(s): (i) notify End Users in advance of (1) the type(s) of data that Customer intends to collect from the End Users or the End Users’ devices, and (2) the combination and use of End User’s location with any other data provider’s data; and (ii) will not obtain or cache any End User’s location except with the End User’s express, prior, revocable consent.
5. Intellectual Property Rights; Feedback.
5.1 Intellectual Property Rights. Except as expressly stated in the Agreement, the Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in the Customer Application, and PT Aplikasi Terpadu Andalan owns all Intellectual Property Rights in the Bitmaps application.
6.2 Customer Feedback. If Customer provides PT Aplikasi Terpadu Andalan Feedback about the Services, then PT Aplikasi Terpadu Andalan may use that information without obligation to Customer, and Customer irrevocably assigns to PT Aplikasi Terpadu Andalan all right, title, and interest in that Feedback.
6. Third Party Legal Notices and License Terms.
Certain components of the Services (including open source software) are subject to third-party copyright and other Intellectual Property Rights, as specified in: (a) the Bitmaps/PT Aplikasi Terpadu Andalan Earth Legal Notices at https://bitmap-batam.com/help; and (b) separate, publicly-available third-party license terms, which PT Aplikasi Terpadu Andalan will provide to Customer on request.
7. Technical Support Services.
8.1 By PT Aplikasi Terpadu Andalan. PT Aplikasi Terpadu Andalan will provide Technical Support Services to Customer in accordance with the Technical Support Services Guidelines.
8. Confidentiality.
8.1 Confidentiality Obligations. the recipient will use the other party’s Confidential Information only to exercise its rights and fulfill its obligations under the Agreement. The recipient will use reasonable care to protect against disclosure of the other party’s Confidential Information to parties other than the recipient’s employees, Affiliates, agents, or professional advisors (“Delegates”) who need to know it and are subject to confidentiality obligations at least as protective.
8.2 Required Disclosure.
8.2.1 the recipient and its Affiliates may disclose the other party’s Confidential Information to the extent required by applicable Legal Process, If the recipient and its Affiliates (as applicable) use commercially reasonable efforts to: (a) promptly notify the other party of such disclosure before disclosing; and (b) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure.
9. Term and Termination.
9.1 Agreement Term. The Agreement is effective from the Effective Date until it is terminated in accordance with its terms (the “Term”).
9.2 Termination for Inactivity. PT Aplikasi Terpadu Andalan may terminate agreement with 30 days’ prior written notice if such Project (a) has not made any payment to the Services from any Customer Applications for more than 30 days;
9.3 Termination for Convenience. Customer may stop using the Services at any time. Subject to any financial commitments expressly made by this Agreement, Customer may terminate the Agreement for its convenience at any time with 30 days’ prior written notice. PT Aplikasi Terpadu Andalan may terminate the Agreement for its convenience at any time without liability to Customer.
9.4 Effects of Termination.
10. Publicity.
Customer may state publicly that it is a customer of the Services, consistent with the Trademark Guidelines. If Customer wants to display PT Aplikasi Terpadu Andalan Brand Features in connection with its use of the Services, Customer must obtain written permission from PT Aplikasi Terpadu Andalan through the process specified in the Trademark Guidelines. PT Aplikasi Terpadu Andalan may include Customer’s name or Brand Features in a list of PT Aplikasi Terpadu Andalan customers, online or in promotional materials. PT Aplikasi Terpadu Andalan may also verbally reference Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use.
11. Representations and Warranties.
Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with Export Control Laws and Anti-Bribery Laws applicable to its provision, receipt, or use, of the Services, as applicable.
12. Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THE AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PT APLIKASI TERPADU ANDALAN: (A) DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED USE OF THE SERVICES OR SOFTWARE; (B) MAKES NO REPRESENTATION ABOUT CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES; AND (C) WILL ONLY BE REQUIRED TO PROVIDE THE REMEDIES EXPRESSLY STATED IN THE SLA FOR FAILURE TO PROVIDE THE SERVICES. BITMAPS CORE SERVICES ARE PROVIDED FOR PLANNING PURPOSES ONLY. INFORMATION FROM THE BITMAPS CORE SERVICES MAY DIFFER FROM ACTUAL CONDITIONS, AND MAY NOT BE SUITABLE FOR THE CUSTOMER APPLICATION. CUSTOMER MUST EXERCISE INDEPENDENT JUDGMENT WHEN USING THE SERVICES TO ENSURE THAT (i) BITMAPS ARE SUITABLE FOR THE CUSTOMER APPLICATION; AND (ii) THE CUSTOMER APPLICATION IS SAFE FOR END USERS AND OTHER THIRD PARTIES.
13. Indemnification.
13.1 Customer Indemnification Obligations. Unless prohibited by applicable law, Customer will defend PT Aplikasi Terpadu Andalan and its Affiliates and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from (a) any Customer Indemnified Materials or (b) Customer’s or an End User’s use of the Services in violation of the AUP or in violation of the Agreement.
13.2 PT Aplikasi Terpadu Andalan Indemnification Obligations. PT Aplikasi Terpadu Andalan will defend Customer and its Affiliates participating under the Agreement (“Customer Indemnified Parties”), and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from an Allegation that Customer Indemnified Parties’ use of PT Aplikasi Terpadu Andalan Indemnified Materials infringes the third party’s Intellectual Property Rights.
13.3 Indemnification Exclusions. Sections 13.1 (Customer Indemnification Obligations) and 13.2 (PT Aplikasi Terpadu Andalan Indemnification Obligations) will not apply to the extent the underlying Allegation arises from (a) the indemnified party’s breach of the Agreement or (b) a combination of the Customer Indemnified Materials or PT Aplikasi Terpadu Andalan Indemnified Materials (as applicable)s with materials not provided by the indemnifying party, unless the combination is required by the Agreement.
13.4 Indemnification Conditions. Sections 13.1 (Customer Indemnification Obligations) and 15.2 (PT Aplikasi Terpadu Andalan Indemnification Obligations) are conditioned on the following:
(a) The indemnified party must promptly notify the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperate reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 15.4(a) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations under Section 15.1 (Customer Indemnification Obligations) or 15.2 (PT Aplikasi Terpadu Andalan Indemnification Obligations) (as applicable) will be reduced in proportion to the prejudice.
(b) The indemnified party must tender sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.
13.5 Remedies.
(a) If PT Aplikasi Terpadu Andalan reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then PT Aplikasi Terpadu Andalan may, at its sole option and expense: (i) procure the right for Customer to continue using the Services; (ii) modify the Services to make them non-infringing without materially reducing their functionality; or (iii) replace the Services with a non-infringing, functionally equivalent alternative.
(b) If PT Aplikasi Terpadu Andalan does not believe the remedies in Section 13.5(a) are commercially reasonable, then PT Aplikasi Terpadu Andalan may Suspend or terminate Customer’s use of the impacted Services.
13.6 Sole Rights and Obligations. Without affecting either party’s termination rights, this Section 15 states the parties’ sole and exclusive remedy under the Agreement for any Allegations of Intellectual Property Rights infringement covered by this Section 13 (Indemnification).
14. Liability.
14.1 Limited Liabilities
(a) To the extent permitted by applicable law and subject to Section 14.2 (Unlimited Liabilities), neither party and PT Aplikasi Terpadu Andalan’s licensors will have any Liability arising out of or relating to the Agreement for any (i) indirect, consequential, special, incidental, or punitive damages or (ii) lost revenues, profits, savings, or goodwill.
(b) Each party’s total aggregate Liability for damages arising out of or relating to the Agreement is limited to the Fees Customer paid under the Agreement during the 12 month period before the event giving rise to Liability.
14.2 Unlimited Liabilities. Nothing in the Agreement excludes or limits either party’s Liability for:
(a) its infringement of the other party’s Intellectual Property Rights
(b) its payment obligations under the Agreement; or
(c) matters for which liability cannot be excluded or limited under applicable law.
15. Advertising.
In its sole discretion, Customer may configure the Service to either display or not display advertisements served by PT Aplikasi Terpadu Andalan.
16. Miscellaneous.
16.1 Notices. All notices must be in writing and addressed: (a) in the case of PT Aplikasi Terpadu Andalan, to PT Aplikasi Terpadu Andalan’s Legal Department at legal-notices@bitmap-batam.com; and (b) in the case of Customer, to the Notification Email Address. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
16.2 Assignment. Customer may not assign the Agreement without the written consent of PT Aplikasi Terpadu Andalan, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of the Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt by Customer to assign is void. PT Aplikasi Terpadu Andalan may assign the Agreement without the written consent of Customer by notifying Customer of the assignment.
16.3 Change of Control. If a party experiences a change of Control other than an internal restructuring or reorganization, then: (a) that party will give written notice to the other party within 30 days after the change of Control; and (b) the other party may immediately terminate the Agreement any time between the change of Control and 30 days after it receives that written notice.
16.4 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
16.5 No Agency. The Agreement does not create any agency, partnership or joint venture between the parties.
16.6 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under the Agreement.
16.7 Severability. If any part of the Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
16.8 No Third-Party Beneficiaries. The Agreement does not confer any benefits on any third party unless it expressly states that it does.
16.9 Equitable Relief. Nothing in the Agreement will limit either party’s ability to seek equitable relief.
16.10 Governing Law.
(a) Dispute. Any kind of dispute arising shall be settled in Indonesia court of justice kepulauan Riau.
16.11 Entire Agreement. The Agreement states all terms agreed between the parties and supersedes any prior or contemporaneous agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly stated in the Agreement. The Agreement includes URL links to other terms which are incorporated by reference into the Agreement. After the Effective Date, PT Aplikasi Terpadu Andalan may provide an updated URL in place of any URL in the Agreement.
16.12 Conflicting Terms. If there is a conflict between the documents that make up the Agreement, then the documents will control in the following order:
16.13 Conflicting Languages. If the Agreement is translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
17. Reseller Orders.
This Section applies if Customer orders the Services from a Reseller under a Reseller Agreement (including the Reseller Order Form).
20.1 Orders. If Customer orders Services from Reseller, then: (a) fees for the Services will be set between Customer and Reseller, and any payments will be made directly to Reseller under the Reseller Agreement; (b) Section 2 of the Agreement (Payment Terms) will not apply to the Services; (c) Customer will receive any applicable SLA credits from Reseller, if owed to Customer in accordance with the SLA; and (d) PT Aplikasi Terpadu Andalan will have no obligation to provide any SLA credits to a Customer who orders Services from the Reseller.
20.2 Conflicting Terms. If Customer orders Bitmaps Core Services from a Reseller and if any documents conflict, then the documents will control in the following order: the Agreement, the terms at any URL (including the URL Terms), and the Reseller Order Form. For example, if there is a conflict between the Maps Service Specific Terms and the Reseller Order Form, the Maps Service Specific Terms will control.
20.3 Reseller as Administrator. At Customer’s discretion, Reseller may access Customer’s Projects, Accounts, or the Services on behalf of Customer. As between PT Aplikasi Terpadu Andalan and Customer, Customer is solely responsible for: (a) any access by Reseller to Customer’s Account(s), Project(s), or the Services; and (b) defining in the Reseller Agreement any rights or obligations as between Reseller and Customer with respect to the Accounts, Projects, or Services.
20.4 Reseller Verification of Customer Application(s). Before providing the Services, Reseller may also verify that Customer owns or controls the Customer Applications. If Reseller determines that Customer does not own or control the Customer Applications, then PT Aplikasi Terpadu Andalan will have no obligation to provide the Services to Customer.