1. The Licensee’s usage of the ArcGIS Integration will be counted towards the Licensee’s total Periodic Data Allowance. Please ensure that you have sufficient Periodic Data Allowance to meet your requirements with ArcGIS Integration to avoid restrictions being placed with your subscription.
The Product-Specific Terms below apply to Betterview Services and Partner Connect Services.
1. “Betterview Services” means those products previously provided by Betterview Marketplace, Inc., including the software platform, but excluding any portions thereof that originated with Nearmap. Betterview Services also include any services on the Quote that contain a “Betterview” designation. The Betterview Services are now considered Products under the applicable Nearmap products agreement.
2. “Licensee Data” means all electronic data or information collected by, or submitted by Licensee to, the Betterview Services or Partner Connect Services. Licensee Data does not include Feedback or information Nearmap derives from any users use of the Betterview Services or Partner Connect Services.
3. “Partners” means persons or entities with whom Nearmap is offering the Partner Connect Services. “Partner Connect Services” means the Partner-fulfilled services as set forth on the applicable ordering document.
PERFORMANCE AND ACCESS
4. “Website,” as used in the applicable Nearmap products agreement, includes all pages and sub-sites available within the betterview.com domain.
5. Licensee has access to the Betterview Services and Partner Connect Services via a user interface (“UI”) and a REST application programming interface (“REST API”). Licensee can submit requests for property information and retrieve property information for such submitted requests through both the UI and the REST API. When submitting a request for property information, Licensee must specify the Betterview Services or Partner Connect Services being requested.
6. Licensee is solely responsible for the accuracy of the address(es) Licensee inputs in Licensee’s use of the Betterview Services and Partner Connect Services, as well as inputting the address(es) in the correct format. In addition to the address(es), Licensee may provide other identifying information about the property (such as but not limited to business name), for which Licensee is solely responsible for the accuracy of any such information provided. If the property Licensee is requesting information on is unclear based on the information Licensee provides, Nearmap may mark the request as a non-productive request in the UI or REST API.
7. To the extent Licensee has purchased or subscribed to any Partner Connect Services, Licensee must agree to and comply with, and ensure its Authorized Users agree to and comply with, any applicable terms of use or licenses of such Partner Connect Services. To the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a Partner or the Partner Connect Services.
LICENSEE DATA & FEEDBACK
8. Licensee shall be solely responsible for the accuracy, quality, integrity, and legality of Licensee Data and of the means by which it acquired Licensee Data.
9. Licensee shall own and retain all right, title, and interest in and to Licensee Data; provided, however, that Licensee hereby grants to Nearmap a worldwide, royalty-free, non-exclusive license to use Licensee Data solely for (i) providing, maintaining, and improving the Products, (ii) providing Licensee with access to and information about customized features, new functionality, and partner integrations, and (iii) aggregating and anonymizing Licensee Data to derive de-identified data. The resulting de-identified data shall not be deemed Licensee Data, and thus Nearmap may copy, modify, retain, distribute and disclose, display, and otherwise use and commercialize such de-identified data for any purpose permitted under applicable law, including to provide and optimize Products and performance analytics.
10. Licensee may provide to Nearmap bug reports, suggestions, enhancement requests, recommendations or other feedback or content relating to the Betterview Services and Partner Connect Services (“Feedback”). By providing any Feedback, Licensee hereby assigns to Nearmap all right, title, and interest in and to the Feedback, if any. Nothing in the applicable products agreement or these product-specific terms will restrict Nearmap’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit any Feedback for improving or otherwise modifying any Products without compensating or crediting Licensee.
RETROSPECTIVE LOSS ANALYSIS
11. If a retrospective loss analysis is included as part of the Betterview Services Licensee subscribes to, then the following terms shall apply:
a. The retrospective loss analysis requires Licensee to provide claims data to Nearmap on a quarterly basis or other period as mutually agreed to by the parties in writing (email to suffice).
b. Individual required attributes of the claims data include address, incurred amount, paid amount, loss type, cause of loss, loss adjusted expenses (LAE), premium, inception date, and policy effective date.
c. The retrospective data sheet will include loss data for all properties covered under the identified use case(s) and applicable line(s) of business.
ENTIRE AGREEMENT
12. By accessing either the Betterview Services or Partner Connect Services, any agreement with Betterview Marketplace, Inc. that Licensee previously entered into is superseded and replaced by these and/or other applicable product-specific terms together with the applicable Nearmap products agreement agreed to by Licensee.
1. Survey – During the Term, the Licensee may request a survey of an area which is not covered (in its entirety or in part) by the Coverage Area (“Survey”). The Licensee must provide a detailed description of the area which is to be covered by the Survey. Upon receipt of such a request in writing, Nearmap may, in its absolute discretion, agree to provide the Survey to the Licensee.
2. AOI – The Survey will only be carried out for the area of interest (“AOI”) as attached to the relevant Quote issued for the Nearmap Now Product.
3. Delivery of Survey – Subject to clause 1 of these Product-Specific Terms and clause 12 (Force Majeure clause) of the agreement, Nearmap will deliver the Survey to the Licensee by uploading the Survey to the Website within six (6) months of the date on which Nearmap receives payment of the Survey Fee in full from the Licensee. Nearmap will notify the Licensee in writing once the Survey has been uploaded to the Website.
4. Availability to Other Nearmap Customers –Nearmap may, at its absolute discretion, allow other customers of Nearmap to access the Survey on the Website.
5. Refund of Survey Fee – If the Licensee is not in breach of the Agreement and Nearmap elects to terminate the Agreement under clause 6.3 (Termination by Nearmap clause) prior to delivery of the Survey, Nearmap will refund the Survey Fee to the Licensee.
1. GeoData Link - The GeoData Link Product allows the Licensee to integrate Permitted Public Location Data into MapBrowser or an approved Nearmap Widget via direct geocode link with an Esri Rest API or such other method authorized by Nearmap from time to time.
2. Product Specifications - Product specifications for GeoData Link include information regarding viewing Licensed Content or integrating Permitted Public Location Data into MapBrowser or an approved Nearmap Widget and are documented in the Nearmap Help Centre.
3. Location Data - If the Licensee integrates any Permitted Public Location Data for use in GeoData Link, it warrants that neither the Permitted Public Location Data and use of the Permitted Public Location Data nor any aspect thereof infringes, violates or misappropriates the rights of any third party.
4. Periodic Allowance - The Licensee’s use of the GeoData Link Product is not subject to any Periodic Allowance.
5. Esri Terms - Integrating and using Permitted Public Location Data from Esri via the GeoData Link through the Esri Rest API are subject to any applicable Esri License Terms.
6. Definitions - For the purposes of these Product Specific Terms – GeoData Link
(a) API means an application programming interface authorized by Nearmap.
(b) Esri License Terms are the terms published by Esri and applicable to the Esri Rest API or other Esri products that integrate with GeoData Link.
(c) Esri Rest API means the API that links the Permitted Public Location Data from Esri products to Nearmap Products.
(d) Licensed Content means content that the Licensee has access to under the Agreement.
(e) MapBrowser means Nearmap’s online web application accessible through the Website.
(f) Periodic Allowance means the data allowance specified in the “Allowance” section of the Quote unless otherwise agreed in writing between Nearmap and the Licensee.
(g) Permitted Public Location Data means the publicly available data layers extracted from the Esri Rest API, including but not limited to the examples provided by Nearmap in the Product Specifications Documentation.
(h) Nearmap Help Centre means the documentation provided by Nearmap as set forth at https://help.nearmap.com or as otherwise provided by Nearmap.
(i) Nearmap Widget means an embedded Nearmap tool or application through which the Licensee may access certain Products or Content.
Effective 8 April 2021
The Terms and Conditions set out in clause 1 “AI Attributes: General Provisions” below apply to all Nearmap AI related Products.
1. AI Attributes: General Provisions
(a) AI Attributes have been computed under the parameters set out in Help Centre.
(b) The Licensee must not use AI Attributes as training datasets on its machine learning models or automated processes, or to create such models or processes, which enables the Licensee to run such models or processes independently without the use of Nearmap’s AI Attributes, after termination or expiry of the Agreement.
(c) Subject to the delete and destroy obligations under this Agreement, the Licensee may store and use AI Attributes exported from the Website, an API or as provided by Nearmap for the Permitted Purposes only.
(d) The Licensee shall, within seven (7) days from the expiry or termination of the Agreement, provide Nearmap a certification declaring that it has deleted and destroyed all AI Attributes.
(e) The G-NAF End User Licence Agreement published here are incorporated by reference and apply to the use of AI Attributes.
2. Specific Licensing Terms: Nearmap AI
(a) AI Attributes can be viewed through the Website within the Coverage Area.
(b) AI Attributes can be exported through the Website and/or through an API (if API Feature API is an included Product) in formats which may include geospatial file format and flat file format.
(c) AI Attributes for a defined area of interest of parcels can be exported up to the allocated Usage Allowance. Each time the Licensee selects an area of interest for export, it will be deducted from the Usage Allowance. Unused Usage Allowance will not be rolled over to the next Period.
(d) Where a selected area of interest exceeds the remaining Usage Allowance, the Licensee will be unable to request the export .
(e) Once the Licensee has used its Usage Allowance it will no longer be able to request an export unless it elects to purchase Top Up Blocks or until its Usage Allowance resets.
(f) Additional terms related to Usage Allowance are set out in the Help Centre.
3. Specific Licensing Terms: AI Packs
The type of AI Attributes that can be viewed and/or exported will depend on the AI Pack licensed by the Licensee. Full details of the data layers connected to a particular AI Pack can be found at the Help Centre. The type of AI Pack available to the Licensee will be set out in the Quote.
4. Specific Licensing Terms: AI Feature API
(a) Each time the Licensee exports AI Data through the AI Feature API, it will be counted towards the Licensee’s Usage Allowance allocated for the Nearmap AI product.
(b) Nearmap may, from time to time, retire an API, or provide, updates or new releases to the API for use by the Licensee (“API Update”). Nearmap will provide 30 days written notice, prior to the date of the API Update. If the Licensee fails or otherwise refuses to update or integrate the API Update, Nearmap shall not be responsible or liable to the Licensee for any failure to meet its obligations under this Agreement.
(c) The AI Pack(s) licensed to the Licensee will determine what type of AI Data can be exported through the API.
5. Specific Licensing Terms: AI Offline Parcel, AI Offline Vector and AI Offline Raster
The type and frequency of AI layers to be provided to the Licensee will be set out in the Order Summary up to the Usage Allowance.
6. Definitions
(a) AI Attributes means the “AI layers” made available from the Website (which are not exportable) and the exportable “AI parcel” data.
(b) AI Data means the AI Attributes for a Query AOI.
(c) API means an application programming interface.
(d) Help Centre means the user guides, operating manuals, training materials, product/service descriptions, product/service specifications, technical manuals, supporting materials, specifications, and other information relating to the Products, including all subsequent revisions and additions thereto as published on our Help Centre.
(e) Order Summary means the “Order Summary” document provided by Nearmap to the Licensee.
(f) Query AOI means the user defined area of interest for a property boundary inputted by the Licensee such as a city block or an arbitrary shape.
(g) Top Up Block means additional Usage Allowance as measured by additional Parcels or Credits purchased by the Licensee during the Term.
(h) Usage Allowance for:
(i) Nearmap AI means the “Parcel” allowance as specified in the Quote, plus the aggregate Parcel allowance for purchased Top Up Blocks for that Period; and
(ii) AI Offline Parcel, AI Offline Vector or AI Offline Raster means the ”Credit” allowance as specified in the Quote, plus the aggregated Credit allowance for purchased Top Up Blocks for that period.