Terms of Service

This website, heuerlabs.com (the "site"), is owned and operated by Heuer Labs ("RGeo", "we" or “us”). By using the site, services provided on the site, or content we make available to you through the services (collectively, "Services"), you agree to be bound by the following Terms of Service, as updated from time to time (collectively, the "Terms"). Please read them carefully. If you don’t agree to these Terms, you may not use the Services.

Signing up

In order to use most Services, you must register for a RGeo account. When you use our application program interfaces (APIs), each request to an API must include one of your account's unique API keys.

Please carefully guard the security of your account and monitor use of your API keys. You are responsible for all use of the Services under your account, whether or not authorized, including any use of your API keys. At our discretion, we may make limited exceptions to this policy for unauthorized use of your account if you notify us of the problem promptly.

You must be 13 years or older to use the Services. By registering as a user or providing personal information on the site, you represent that you are at least 13 years old.

If you are entering into this agreement on behalf of your company or another legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will mean the entity you represent.

Our services

Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license and right to:

Use the Services to develop online services and online, desktop, or mobile applications; Make the Services available to end users in connection with their use of your publicly available online services and publicly available online, desktop, or mobile applications.

Geocoding API

You may not resell or re-syndicate Geocodes to other publishers or third parties (except to your end users or as an integrated part of your application).

You may not use results from the Geocoding API (a) to develop a general database of locations or addresses for any neighborhood, city, state, country, or other such geographic region, or to develop any other general purpose database; (b) to develop or test another geocoding application or API;

For other use cases or additional rights, please contact us about an Enterprise plan.

You agree to comply with all applicable laws, regulations, and third party agreements in your use of the Services. You are not (and are not 50% or more owned by one or more individuals, organization or entities that are): (1) organized or located in a country or territory that is the target of sanctions imposed or (2) listed on any restricted or sanctioned party list maintained by the U.S. Government or any other country.

You may not use the Services in any manner that could damage or overburden the Services or interfere with any other party's use of the Services.

You may not use the Services to:

Disseminate material that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; Aid or implementing practices violating basic human rights or civil liberties. For the avoidance of doubt, you may not use the Services to assist in the creation of databases of identifying information for any government to abrogate any human rights, civil rights, or civil liberties of individuals on the basis of race, gender or gender identity, sexual orientation, religion, or national origin; Disseminate or store material that infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; Create a false identity or otherwise attempting to mislead others as to the identity or origin of any communication; Export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions; Interfere with or attempt to gain unauthorized access to any computer network; Host with, transmit to or provide to us any information that is subject to specific government regulation, including, without limitation, Protected Health Information (as defined in the U.S. Health Insurance Portability and Accountability Act, as amended), financial information (as regulated by the U.S. Financial Services Modernization Act, as amended), consumer reports and consumer-reporting information (as regulated by the U.S. Fair Credit Reporting Act, as amended) and information subject to export control or economic sanction laws; Operate dangerous businesses such as emergency services or air traffic control, where the use or failure of the Services could lead to death, personal injury or significant property damage; Transmit viruses, trojan horses, or any other malicious code or program; or Engage in any other activity reasonably deemed by RGeo to be in conflict with the spirit or intent of these Terms.

You may not modify, create derivative works from, reverse engineer, or attempt to derive any source code from the site’s software, except as expressly permitted by a written license from us. Further, unless expressly prohibited under applicable law, you may not use the Services to develop, test, validate and/or improve any service or dataset that is a substitute for, or substantially similar to, the Services (including any portion thereof).

End users and notification

You may not allow your end users or other third parties to use the Services in any way that would be a violation of these Terms if done by you, and you agree to take reasonable efforts to prevent such use. You agree to promptly notify RGeo in writing if you become aware of any misappropriation or unauthorized use of the Services.

Documentation

In addition to the requirements above, you agree to adhere to the policies posted on this site in conjunction with the Services, including accompanying documentation. Those policies are incorporated by reference into these Terms.

Charges and payment

Some of the Services require payment. We may charge your credit card on an ongoing basis in advance of providing Services or as needed for prepayments for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of RGeo Services. The subscription fee is billed in full on the first day of each billing period, unless and until you cancel your subscription.

Sometimes even you don't know how popular your app using the API is going to be. If your account exceeds the request amount allowed by your plan, we may charge you overage fees at the end of your billing period. Overage rates vary by plan. You agree to pay overage fees for all usage including requests that result from unexpected traffic.

We are not responsible for any bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by RGeo. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law.

Feedback

You agree that we may freely exploit and make available any and all feedback, suggestions, ideas, enhancement requests, recommendations or other information you provide relating to the Services.

Publicity

We're proud to have you as a customer. During the term of this agreement, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license to use your trademarks, service marks, and logos for the purpose of identifying you as a RGeo customer to promote and market our services. But if you prefer we not use your logo or name in a particular way, just let us know, and we will respect that.

Account cancellation or suspension

We don't want you to leave, but you may cancel at any time. However, we do not give pro-rated refunds for unused time if you cancel during the middle of a billing cycle.

If you breach any of these Terms, we may immediately without notice cancel or suspend your account and the limited license granted to you hereunder automaticallly terminates, without notice to you. Upon termination of the limited license, you agree to immediately destroy any materials downloaded from the Services. In addition, RGeo may cancel or suspend your account for any reason by providing you 30 days' advance notice.

Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the Services. If we cancel your account in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we cancelled your account.

Changes to services or terms

We may modify these Terms and other terms related to your use of the Services (like our privacy policy) from time to time, by posting the changed terms on the site. All changes will be effective immediately upon posting to the site unless they specify a later date. Changes will not apply retroactively. Please check these Terms periodically for changes - your continued use of the Services after new terms become effective constitutes your binding acceptance of the new terms.

We may change the features and functions of the Services, including APIs. It is your responsibility to ensure that calls or requests you makes to the Services are compatible with then-current RGeo APIs. We attempt to avoid changes to our APIs that are not backwards compatible, but such changes may occasionally be required. If that happens, we will use reasonable efforts to notify you prior to deploying the changes.

Indemnification

You agree to indemnify and hold harmless RGeo and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys' fees, arising out of:

Your use of the Services; Your violation of these Terms; Your end users’ use of the Services in or through an application or service you provide; Content you or your end users submit, post to, extracts from, or transmit through the Services.

Disclaimers

“As is," "as available" and "with all faults." YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES, AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RGEO DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RGEO OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Website operation. RGEO DOES NOT WARRANT THAT THE SERVICES, INCLUDING ANY SOFTWARE, SERVICES, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

Non-RGeo content. WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD PARTY CONTENT ("NON-RGEO CONTENT"), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-RGEO CONTENT. UNDER NO CIRCUMSTANCES WILL RGEO BE LIABLE FOR OR IN CONNECTION WITH THE NON-RGEO CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON-RGEO CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY NON-RGEO CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-RGEO CONTENT.

Accuracy. RGEO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Harm to your computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES, OR CONTENT THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.

Jurisdiction. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

Limitation of liability

Limitation of liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING NEGLIGENCE, SHALL RGEO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SERVICES OR THE SITE, INCLUDING SOFTWARE, SERVICES. CONTENT, USER SUBMISSIONS, OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF RGEO OR A RGEO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF RGEO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS THE SERVICES OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID OR PAYABLE TO RGEO IN THE TWELVE MONTHS PERIOD PRIOR TO THE DATE ON WHICH THE DAMAGE OCCURRED.

Claim period. YOU AND RGEO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO RGEO MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Digital Millennium Copyright Act compliance

If you are a copyright owner or an agent thereof, and believe that any user submission or other RGeo content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on RGeo are covered by a single notification, a representative list of such works from RGeo; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RGeo to locate the material; Information reasonably sufficient to permit RGeo to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please email your notification to [email protected]

Additional terms

You agree to keep the contact information associated with your RGeo account current and complete.

You may not encourage others to violate these Terms, including by selling products or services that would violate these Terms if the products or services are used in their intended manner.

You may not create multiple accounts for the purpose of increasing the free services that you receive under a RGeo plan, and you may not purchase multiple Commercial Plans for the purpose of increasing the number of Seats that you are permitted to use in connection with your applications or the number of assets that you are permitted to track. Except as provided in these Terms, the license and right to use the Services is granted only to you and may not be transferred to anyone without the prior written consent of RGeo. These Terms shall benefit RGeo and its successors and assignees.

You shall not assign these Terms or any right, interest or benefit hereunder without the prior written consent of RGeo, which may be withheld for any reason or no reason at all. RGeo may assign (i) these Terms to an affiliate, (ii) these Terms or any right, interest or benefit hereunder to a third party in connection with a collection proceeding against you, and (iii) these Terms in their entirety to its successor in interest pursuant to a merger, acquisition, corporate reorganization, or sale of all or substantially all of that party’s business or assets to which these Terms relate.

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of RGeo to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. RGeo reserves all rights not expressly granted to you.

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for convenience only and have no legal or contractual effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and RGeo as a result of these Terms or your use of the Services. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and RGeo other than pursuant to these Terms.