Terms of Service
Last updated: May 8th, 2023 (Version 1.1.0)
1. Scope of Application and General Provisions
These Terms of Service (hereafter referred to as "Terms") govern your access to and use of the services, websites, data, content, APIs and applications (hereafter referred to as "Service") offered and operated by Techmap GmbH, Welfenstr. 32, 76137 Karlsruhe, Germany (hereafter referred to as "Techmap", "we", or "us") currently or in the future. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If you are using our Service on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with this company or legal entity.
Paid Packages (as defined on our pricing page) are offered exclusively to companies (hereafter referred to as "Customer" - together with Techmap the "Parties").
2. Use of the Service
The Software is a cross-platform SaaS application for finding companies using specific technologies, methodologies, processes, tools, or machines. Free services include the searching, browsing and contributing to company and technology information. Paid services include the collaborative and exclusive editing and highlighting of one's company information for the purpose of improving and completing one's company presence in the Techmap Services (the "Contract Purpose").
Techmap may offer free plans (hereafter “Free Plan”) and paid plans (hereafter “Paid Plan”) for the subscription to the Service. The agreed upon scope of Service of the Contract between the Customer and Techmap shall be based on the respective Free Plan or Paid Plan as described on the Pricing Page and selected by the Customer (hereafter "Plan"). The Service owed by Techmap according to the contractually agreed scope of Service shall hereafter be referred to as "Contractual Services"; the term "Service" shall only include those parts of the Service which are covered by the contractually agreed scope of services. Techmap rejects the conclusion of contracts with consumers. The Customer declares at the conclusion of the contract that his use can primarily be attributed to his commercial or independent professional activity.
Techmap may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. Techmap reserves the right to remove certain features from the Free Plans at its own discretion.
You may use the Service only if you can form a binding contract with Techmap, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
3. Use of the API
Techmap will make available one or more APIs for interacting with the Service. The use of any Techmap API is subject to additional terms and the Techmap API rules and regulations, which will be posted before we make these APIs available.
4. Use of Data
Techmap makes available raw data it uses to extract company information from various external sources such as jobboards. The Data is provided as is and Techmap is not responsible for the content, correctness, or completness. The use of Techmap Data is subject to additional terms and the Techmap Data rules and regulations, as defined in a seperate Contract.
5. User Content
Visitors of the Services (hereafter "Users") may add, edit, or share specific parts of data, information, text, links, metrics, graphics, or other materials (hereafter "Content") to complete, elaborate, or correct information appearing on the Service (for example, on pages about technologies, companies, or regions).
Users who contribute Content (hereafter "Authors") retain ownership of all Content they submit, post, display, or otherwise make available on the Service.
Contributed Content will be viewable by other Users of the Service and through third party services, APIs and websites. Authors should only provide Content that they are comfortable sharing with others under these Terms.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the Author who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Techmap be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. Techmap will not be responsible or liable for any use of your Content by Techmap in accordance with these Terms.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
- satisfy any applicable law, regulation, legal process or governmental request,
- enforce the Terms, including investigation of potential violations hereof,
- detect, prevent, or otherwise address fraud, security or technical issues,
- respond to user support requests, or
- protect the rights, property or safety of Techmap, its users and the public.
You must NOT do any of the following while accessing or using the Service:
- use the Service in any unlawful purpose or promote illegal activities;
- impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
- create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts;
- upload or post any Content in violation of the provisions contained in the "Your License to Techmap" section of these terms;
- disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
- violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
- use the Service for the purpose of spamming anyone;
- use Techmap for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
- sell, resell, rent, lease, loan, trade or otherwise monetize access to our Services or any Content (excluding Your Content) without our express written permission;
- access or tamper with non-public areas of the Service, Techmap's computer systems, or the technical delivery systems of Techmap's providers;
- probe, scan, or test the vulnerability of any system or network - or disable, breach or circumvent any security or authentication measures;
- scrape, crawl, access, or search the Service by any means (automated or otherwise) - or attempting to do so - other than through the currently available, published interfaces that are provided by Techmap;
- copy, modify or create derivative works of any Content (excluding Your Content) without our express written permission);
- "frame" or "mirror" or otherwise incorporate parts of our Service into any website, or "deep-link" to any resource of Techmap without our express written permission.
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or
- interfere with or disrupt (or attempt to do so) the access of any User, host or network, including, without limitation, sending a virus, worm, or trojan horse, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
5.2. Your License to Techmap
We do not claim ownership in any Content that you submit or authorize for use in our Service, but you grant us the rights to use such Content as set forth below.
By submitting, posting or displaying Content on or through the Service, the Author hereby grant to us a worldwide, unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, process, mix, perform, modify, publish, transmit, display, create derivative works of, adapt and distribute such Content in any and all media or distribution methods (now known or later developed) throughout the world.
The Author agrees that this license includes the right for other users of the Service to modify the Content, and for Techmap to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Techmap or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.
Techmap may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any jurisdiction, networks, devices, services or media.
Additionally, by uploading Content to the site, the Author warrants, represents and agrees that they have the right to grant Techmap the license described above. The Author also represents, warrants and agrees that they have not and will not contribute any Content that:
- infringes, violates or otherwise interferes with any copyright or trademark of another party,
- reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it,
- infringes any intellectual property right of another or the privacy or publicity rights of another,
- is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party,
- creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity;
- contains other people's private or personally identifiable information without their express authorization and permission, and/or
- contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Techmap reserves the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
6. Plans & Advertisment Terms
The Customer may only use the access to the Software itself and for the contractually agreed purpose.
The Customer undertakes to take appropriate security precautions to ensure that access to the Software is not used by unauthorised persons. Such security precautions include in particular the use of a secure password.
The Customer may only enter data, texts, pictures and other Content (including custom fonts) into the Software that comply with applicable law; that do not infringe third party rights; and to the entering of which the Customer is legally entitled without any restrictions. The Customer agrees that Techmap may process the Content uploaded by the Customer for the purposes of the Contract, in particular store such content and make it available for retrieval. Techmap is entitled to delete content uploaded by the Customer if reasonable grounds exist for Techmap to assume that the content was not entered into the Software in compliance with the provisions of these Terms.
The Customer agrees not to upload, transmit, support, incite, promote or otherwise make available any content that is or could reasonably be viewed as unlawful, racist, hostile, violent, discriminatory (including relating to race, religion, sex, sexual orientation, age, disability, ancestry or national origin), harmful, harassing, defamatory, vulgar, obscene or otherwise objectionable or which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Techmap intends to use state-of-the-art technology and shall be entitled to regularly carry out or introduce updates, new versions or upgrades of the Services (hereinafter referred to uniformly as “Updates”) in order to adapt the Services to new technical, legal, or commercial requirements, to implement new features, or to make changes to existing features in order to improve the Services.
If and insofar as the suitability of the Software for the Contract Purpose is materially impaired by an Update (such an Update a “Material Change”), Techmap shall inform the Customer in text form of the introduction of the Material Change at least four weeks prior to it becoming effective (a “Change Notice”). If the Customer does not object to the Material Change within two weeks after receipt of the Change Notice in text form (the “Objection Notice”), the Material Change shall become an integral component of the Contract. With each Change Notice, Techmap shall inform the Customer of the Customer’s rights, in particular: (i) the objection right, (ii) the period foreseen for objection and (iii) the legal consequences of not declaring an objection to the Material Change in time.
If the Customer objects to the Material Change, Techmap may further provide the Software for use to the Customer without the Material Change unless this is impossible for technical or organizational reasons or Techmap cannot reasonably be expected to do so. In the latter case, the Customer is entitled to terminate the Contract extraordinarily for good cause within four weeks (the “Exercise Period”). If the Customer does not make use of its termination right, the Material Change shall become an integral component of the Contract. The Exercise Period shall commence as soon as Techmap has informed the Customer in text form of (i) the non-continuability of the Contract without the Material Change, (ii) the Customer’s extraordinary termination right and (iii) the legal consequences of the expiry of the Exercise Period.
The Customer indemnifies and holds Techmap harmless from all claims by third parties (in particular from claims arising out of breach of copyright, competition, trademark or data protection law) that are asserted against Techmap in connection with the Customer’s use of the Software insofar as such claims do not result from wilful or grossly negligent behaviour of Techmap or its legal representatives or agents (Ger.: gesetzliche Vertreter oder Erfüllungsgehilfen). This indemnification obligation comprises the reimbursement for appropriate costs that Techmap incurred in the course of asserting or defending its legal rights in this context.
6.1. Contract Changes & Payments
The Customer may upgrade from a Free Plan to a Paid Plan, or switch to a more comprehensive Paid Plan at any time; in this case, from the time of the switch the details concerning the scope of services, remuneration, etc. of the new Plan stated on the Pricing Page shall apply. A switch to a cheaper Plan is only permissible with the consent of Techmap or if the notice period specified in these Terms or on the Pricing Page is observed.
All fees and prices indicated by Techmap are net prices without VAT. The payment period depends on the Paid Plan chosen by the Customer and as set out on the Pricing Page. If the Pricing Page does not contain any provisions on the payment period, the compensation is to be paid for one full subscription period (e.g., a month or year) in advance upon receipt of the respective invoice issued by Techmap. Invoices are sent by Techmap to the Customer via email.
6.2. Contract Renewal & Termination
The term of the Contract and terminability shall be governed by the provisions of the Pricing Page on the Package chosen by the Customer. If the Pricing Page does not contain any information on the term or terminability of a Free Plan, such Plan shall run for an indefinite period and may be terminated by either party with immediate effect.
If the Pricing Page does not contain any information on the term or terminability of a Paid Plan, such Plan shall run for one subscription period (e.g., a month or year) and may be terminated by either party with effect as of the end of the next full subscription period. If the Paid Plan is not terminated, it is automatically renewed for one further subscription period; for such renewed period, the provisions of the Pricing Page applicable to the Customer before renewal continue to apply.
The Parties’ statutory right to extraordinary termination remains unaffected. An important reason is present for the other contracting party in particular if:
- one of the Parties seriously breaches its obligations under the Contract and the other Party can no longer reasonably be expected to abide by the Contract;
- the Customer is more than two (2) months in arrears with the payment of due fees or other remuneration, even after the expiry of a reasonable period set by Techmap to remedy the situation;
- insolvency proceedings are applied for, instituted or dismissed in respect of all or part of the assets of a Party;
- one of the Parties has a reason for insolvency within the meaning of Sections 17-19 Insolvency Statute (Insolvenzordnung, “InsO”); or
- the financial circumstances of a Party deteriorate to such an extent that proper performance of the Contract can no longer be expected, even if there is no reason for insolvency within the meaning of Sections 17-19 InsO.
Each termination must be made by declaration in text form.
7. Proprietary Rights
The Contract and the other contract documents are subject to the law of the Federal Republic of Germany to the exclusion of the German conflict of laws principles and the UN Convention on Contracts for the International Sale of Goods. Statutory provisions on the restriction of choice of law and the applicability of mandatory law in particular of the place where a customer which legally qualifies as consumer (Ger.: Verbraucher) pursuant to Section 13 German Civil Code has its habitual residence (Ger.: gewöhnlicher Aufenthalt) remain unaffected.
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Techmap and its licensors. The Services are protected by copyright, trademark, and other laws of the Federal Republic of Germany, the European Union and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the Techmap name or any of the Techmap trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Techmap on the Service are subject to change. In consideration for Techmap granting you access to and use of the Service, you agree that Techmap and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Techmap will also terminate a user's account if the user is determined to be a repeat infringer.
The Customer is not entitled to make Services accessible to third Parties or to use them in any other way outside the purpose of the Contract. In particular, the Customer has to refrain from copying, decompiling, reverse engineering or editing the Service beyond the Contract Purpose.
The European Commission provides a platform for an online settlement of disputes which can be accessed under https://ec.europa.eu/consumers/odr/. Techmap is neither obliged to take part in alternative dispute resolutions before a consumer dispute settlement commission nor will it do so voluntarily.
9. Data Protection
Techmap treats the Customer's personal data in accordance with data protection standards and specifications.
Techmap acts as a data processor within the meaning of Art. 28 GDPR vis-à-vis such customers that feed personal data (Ger.: personenbezogene Daten) of their customers into the Software. As part of the online registration process, the Parties conclude a data processing agreement in accordance to Art. 28 GDPR. A completion of the online registration process is not possible without the conclusion of the data processing agreement.
The Service may contain links to third-party websites or resources. You acknowledge and agree that Techmap is not responsible or liable for:
- the availability or accuracy of such websites or resources; or
- the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement or representation by Techmap of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Techmap may make available content hosted by third-party services such as YouTube. By interacting with the third-party Clients and viewing this Content, you agree to the third-party's Terms of Service.
You hereby agree, at your expense, to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, investors, agents successors and assigns (collectively, the "Techmap Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of our Services, including due to or arising from your breach of any provision of these Terms.
IN NO EVENT SHALL THE TECHMAP GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. General Terms
These Terms and any action related thereto will be governed by the Laws of the Federal Republic of Germany without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Karlsruhe, Germany, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
These Terms are the entire and exclusive agreement between Techmap and you regarding the Service (excluding any services for which you have a separate agreement with Techmap that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Techmap and you regarding the Service.
The failure of Techmap to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
The invalidity or nullity of individual sections of these Terms shall not affect the validity of the remaining sections.
The Services are operated and provided by:
If you have questions about these Terms, please contact us at firstname.lastname@example.org