License Terms of the tmatic.travel Services
API License Terms of the tmatic.travel Services API
Delivery and Refund Policy
Minstrel Technologies bv is the "Licensor"
The user of the tmatic.travel Services API is the "Licensee"
All sales are final.
You have the right to cancel your purchase or subscription to Digital Content in tmatic.travel and apply for a refund within a period of 14 days beginning with the day after purchase. Once you have received your refund, you will no longer have the right to access the Digital Content.
Please note that once you registered your phone number in the tmatic.travel App or tmatic.travel Web-site, or izi.TRAVEL App to activate your purchase, you are no longer eligible for a refund.
Minstrel Technologies develops services for Location Based Guides and Storytelling and delivery of this content to Content Channel Partners. The guiding content may become accessible through via apps, websites and third party services. These guides are developed by Content Providers, such as museums, cities and passionate users, through content management systems and our account management system.
When you use our services, Minstrel Technologies collects a limited set of personal information about you. This document describes the way Minstrel Technologies handles your personal information.
Who is Minstrel Technologies?
Minstrel Technologies's legal registration is:
Company name: Minstrel Technologies BV
Address: Hilvertsweg 275, 1214JG Hilversum, The Netherlands
Company Registration Number: KVK 77886089
Minstrel Technologies is the controller for purposes of the General Data Protection Regulation (GDPR).
We Collect, Use, Share and Otherwise Process Information
Our Legitimate Interests
We process your information in furtherance of our legitimate interests, including:
What information does Minstrel Technologies collect and process, and for what purpose?
Minstrel Technologies provides two kinds of services: it publishes and delivers local based content and it allows Content Providers to manage the distribution of their storytelling content. We collect different types of data for different purposes, depending on how you use our services, as we discuss further below.
Data collected if you use tmatic.travel Services
If you want to use our to discover our guides, you can do so without creating an account. The service may offer the option to create a user account. If so, you will have to provide your name, email address, password and preferred language. You may alternatively log in using you Twitter-, Facebook-, or Google- account. If so, Minstrel Technologies will have access to the information stored and/or accessible in these accounts, including your timeline and/or newsfeed, in accordance with the permissions granted to it by you.
Some information is automatically collected when you use the website: your browsing history within the website, operating system and optionally: your location and your mobile
device. This information is collected through Google Analytics (see below for more information on Google Analytics).
Minstrel Technologies can use this information to:
iMinstrel Technologies may also process information collected via the website to share aggregated information with certain content providers. It will, however, not be possible for content providers to identify particular users from this aggregated data.
If you use the tmatic.travel website, your browsing history and information on your browser and your operating system is collected through Google Analytics. Minstrel Technologies can use this personal information to suggest information to you; to analyse the use of the website; and to protect, adjust and update Minstrel Technologies's services.
IP Address and Browser Information.
When you visit our Site or use our Services, some information is automatically collected. This may include information such as the operating system (“OS”) running on your device, internet protocol address (“IP Address”) (which may be used to obtain your geolocation), access times, browser type, language settings of the OS, and the website you visited before our Site. We also collect information about how you use Minstrel Technologies's Site and Services, including the elements you have interacted with, metadata and other details about these elements, clicks, change states and other user actions.
In addition, we may use “pixel tags” (also referred to as clear gifs, web beacons, or web bugs). Pixel tags are tiny graphic images with a unique identifier, similar in function to cookies (as noted below), that are used to track online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, pixel tags are embedded in web pages. Pixel tags also allow us to send email messages and determine whether those emails have been opened, to ensure that we are sending only messages that are of interest to our Customers. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by pixel tags to our users’ personal information.
Data collected via our account management system
As noted, it is also possible to manage multimedia guides and other information for publication via our content management system. In order to do so, you must create an account, which requires you to provide your name, the name of your organization and the email address where we can reach you. After logging in and registering as a so-called 'content provider' in the content management system you can submit additional information such as the name of your organization, your country, city, postal code, address, telephone number and copyright owner.
If you use our account management system, your browsing history (i.e. which pages you view on the website), IP-address and information on your browser and your operating system is collected through Google Analytics.
Minstrel Technologies can use this personal information to develop and offer content for our mobile app; to analyze the use of the account management system; to communicate with you about the account management system and to respond to any complaints and/or questions; and to protect, adjust and update Minstrel Technologies's services.
Please note that most of the information you provide through the account management system, such as your name and the uploaded content, will be made publicly available through our mobile app and our website in the course of the publication of your contribution.
Data collected for communicating with you
If you want to stay up-to-date on the developments of Minstrel Technologies, you may register for our newsletter. We will collect your email address for this. Minstrel Technologies uses this information to send you our newsletter. If you do not wish to receive emails of Minstrel Technologies anymore, you can unsubscribe via an email to firstname.lastname@example.org. Also an opt-out option is provided in every email that Minstrel Technologies sends you.
How does Minstrel Technologies protect your personal information?
Minstrel Technologies takes appropriate technical and organizational measures to protect your (personal) information against loss or any form of unlawful use.
Transfer to third parties
As noted above, Minstrel Technologies may provide aggregated data on the use of the service (including location data), the website and the account management system to others. This data is sufficiently aggregated so as to be anonymous.
Minstrel Technologies may also give parties who develop apps on the basis of our multimedia guides access to the information uploaded through the account management system (i.e. the content and metadata). Your login details will not be shared with third parties.
Minstrel Technologies may provide your personal data to third parties if Minstrel Technologies is obliged to do so on account of national or international laws, case law and/or regulations, and Minstrel Technologies considers it necessary to do so in order to defend its own rights.
Other than the cases mentioned above, Minstrel Technologies will not transfer your data to third parties or provide third parties access to your data.
And just to be clear: this means that Minstrel Technologies shall not provide your personal information to third parties for the purpose of direct marketing without your explicit consent.
What happens when I delete my account?
If you delete your content provider account, all personal information you provided in the course of the registration and the amendment of your account will be deleted.
If you have created an end user account, all information you submitted in the course of the creation or administration of this account will be deleted. Please note that we maintain the data we collected about your use of the services, because this allows us to provide aggregated statistics to others (see above about the provision of aggregated statistics). We will, however, ensure that the data does not contain references to your account anymore.
Cookies and Google Analytics
Viewing, changing and deleting your data
If you wish to know what information Minstrel Technologies has collected about you or if you wish to change data that you cannot change yourself through our website or our mobile app, please send a request to: email@example.com.
Transfer of data to countries outside the EU
For technical and operational reasons, it may be necessary for your (personal) data to be transferred to (the servers of) companies affiliated to Minstrel Technologies located in the United States or other countries outside of the EU. Minstrel Technologies will in this case comply with applicable data protection rules.
May minors use Minstrel Technologies Services?
If you have not yet reached the age of sixteen (16) years, you are obliged to obtain consent of your parents or legal guardian before using our mobile app and our website. By using our mobile app or our website, you guarantee that you are sixteen (16) years old or older or you have permission from your parents/legal guardian to use these services.
The API and SDK Licence Agreement (the "Agreement") between Licensor and Licensee is effective as of the date of registration by Licensee (the "Effective Date"). If Licensee is registering into this Agreement on behalf of a company or other entity, Licensee represents and warrants that Licensee have authority to bind such company or other entity to this Agreement.
Minstrel Technologies is the owner of an online account management system ("CMS") on its website tmatic.travel (the "tmatic.travel Website") through which registered persons or entities (the "Content Provider" or "Content Providers") can manage distribution of content, including – but not limited to – mobile travel guides, itineraries, expert and booking services containing information on facilities and/or objects or places of interest, provided in the form of routes, text, photos, videos and audio materials and any other form (the "Content").
Minstrel Technologies collects all Content and Metadata in a database (the "tmatic.travel Database").
Subject to the terms and conditions included in the License Terms for Content Providers, the Content Providers have granted a license to Minstrel Technologies to give access to third parties to their Content included in the tmatic.travel Database.
In order for third parties to be able to interact with the Database for purposes of application building, Minstrel Technologies developed an application programming interface ("tmatic.travel API") and accompanying or related documentation, source code, executable applications and other tools and materials (the "tmatic.travel SDK"), for IOS, Windows, Android in various program languages (together the "tmatic.travel API and SDK"), as modified from time to time.
This Agreement sets out the terms and conditions upon which Minstrel Technologies agrees to grant Licensee a license to use (i) the tmatic.travel API and SDK for purposes of interacting with the tmatic.travel Database for application development and (ii) the Content, as further described in clauses 8a and 8b.
This Agreement also governs Licensee use, and restrictions on such use, of tmatic.travel’s name, trademarks, service marks, logos, and other branding made available for use in connection with the use of the the tmatic.travel API and SDK, as further described in clause 8c (the "tmatic.travel Marks").
Subject to the terms and conditions of this Agreement and for the duration of this Agreement, Minstrel Technologies hereby grants Licensee:
The API and SDK License, the Content License and the Marks License are hereinafter jointly referred to as the "Licensed Materials".
The tmatic.travel API and SDK may be freely viewed by other parties. The tmatic.travel API and SDK may, however, only be used by other parties who (i) have been registered on the tmatic.travel Website (or sign bilateral agreement with Minstrel Technologies) as an application developer, (ii) been granted the API and SDK Key (as described hereinafter), and (iii) been granted the right to use the Licensed Materials subject to the terms and conditions of this Agreement.
In order to use the Licensed Materials Licensee need to acquire the appropriate tmatic.travel API and SDK credentials ("API and SDK Key"). Licensee will receive the API and SKD Key upon creation of an account by following the registration process on the tmatic.travel Website (or manually from Minstrel Technologies). Licensee may not share Licensee API and SDK Key and Licensee will need to keep Licensee API and SDK Key secure.
Licensee guarantee that all information provided by Licensee is up-to-date, correct and complete. If Licensee (personal) data is at any point no longer up-to-date, correct or complete, Licensee must adjust or add the data required. Licensee are not allowed to create an account in someone else’s name.
If Licensee is an individual under the age of 18, Licensee must have Licensee parent(s)’ or legal guardian(s)’ permission to create an account and use the Licensed Materials.
If Licensee register an account and use the Licensed Materials on behalf of another individual, a company or other kind of business undertaking, Licensee represent that Licensee have the legal authority to bind that individual, company or other kind of business undertaking to this Agreement.
During the registration, Licensee must supply a name and password ("Login Details"). Licensee is responsible for maintaining secrecy with regard to the Login Details for Licensee account. As soon as Licensee know or have reason to suspect that Licensee Login Details have come into the hands of unauthorized persons, Licensee must inform Minstrel Technologies of this without delay by sending an email to firstname.lastname@example.org, without prejudice to Licensee own obligation to immediately take effective action, such as modifying Licensee Login Details.
Minstrel Technologies may use the contact information provided by Licensee in the registration process to send emails concerning the Licensed Materials.
Licensee accept and acknowledge that Licensee are at all times responsible and liable for the use of the Licensed Materials by third parties via Licensee account. Licensee agree to indemnify Minstrel Technologies against any and all damage and costs arising from and/or related to the access to or the use of the Licensed Materials by third parties via Licensee account.
PAYMENT, STATISTICS, MARKETING AND SUPPORT
However, in exchange for the use of the Licensed Materials under this Agreement:
In order to be able to comply with sub (a) of the previous article, the Licensee shall procure that all Licensee Products properly and accurately use all reporting functionalities that are made available through the tmatic.travel API and SDK.
Minstrel Technologies will provide Licensee with 1 hour per month of basic support in respect of the use of the tmatic.travel API and SDK (free of charge). Any support or services requested exceeding 10 hours per month or any form of tailored support services shall be subject to a fee, to be agreed upon between the parties in a separate agreement. Minstrel Technologies shall not be obliged to provide Licensee any more or other support than described above. Licensee are solely responsible for providing all support and technical assistance to end users of Licensee Products.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
For the purpose of this Agreement "Intellectual Property Rights" means all intellectual property rights and related rights such as copyrights, trademark rights, patent rights, design rights, trade name rights, moral rights, database rights, neighboring rights, as well as rights to software, know-how, logos, domain names, service marks, inventions and sui generis intellectual property rights and all similar rights in any part of the world, including any registration of such rights and applications and rights to apply for such registration.
Licensee acknowledge and agree that all Intellectual Property Rights in respect of the Licensed Materials and the tmatic.travel Website are exclusively held by Minstrel Technologies and/or its licensees.
Licensee agrees not to act in any manner inconsistent with such ownership. Licensee agrees that Licensee will not challenge Minstrel Technologies’s Intellectual Property Rights in respect of the Licensed Materials and/or the tmatic.travel Website, challenge the validity of the licenses granted under this Agreement, or otherwise copy or exploit the Licensed Materials except as expressly authorized under this Agreement. Should Licensee in any way, by operation of law or otherwise, acquire any rights to the Licensed Materials, other than the ones granted to Licensee under this Agreement, Licensee shall, at no expense to Minstrel Technologies, promptly effectuate an assignment of such rights to Minstrel Technologies for EUR 1.
Minstrel Technologies agrees that it acquires no right, title or interest from Licensee (or Licensee licensees) under this Agreement in or to any Product that Licensee develop using the tmatic.travel API and SDK, including any intellectual property rights that subsist in those applications.
OBLIGATIONS AND RESTRICTIONS
Licensee shall use the tmatic.travel API and SDK and write applications only for purposes that are permitted by (i) this Agreement and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the Netherlands or other relevant countries).
Licensee shall not engage in any activity with the Licensed Materials, including the development, operation or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to Minstrel Technologies.
Licensee agrees that Licensee is solely responsible for (and that Minstrel Technologies has no responsibility to Licensee or to any third party) any additional data, content, or resources that Licensee creates, transmits or displays through the tmatic.travel API and SDK and/or Products which use the tmatic.travel API and SDK, and for the consequences of Licensee actions (including any loss or damage which Minstrel Technologies may suffer) by doing so.
Licensee shall not remove any advertisements or other sponsored materials in the Content displayed through Licensee Product without the prior written consent of Minstrel Technologies.
Licensee is not permitted to use the Licensed Materials in any manner that does or could potentially undermine the security of the Licensed Materials. In addition, Licensee shall not, and shall not attempt to, (i) interfere with, modify or disable any features, functionality or security controls of the tmatic.travel API and SDK, the tmatic.travel Database and/or the tmatic.travel Website, including without limitation any mechanisms used to restrict or control the tmatic.travel API and SDK, the tmatic.travel Database and/or the tmatic.travel Website such as anti-circumvention measures (ii) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the tmatic.travel API and SDK, the tmatic.travel Database and/or the tmatic.travel Website, (iii) translate, back engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the tmatic.travel API and SDK, the tmatic.travel Database and/or the tmatic.travel Website, or (iv) remove or modify any proprietary notices, attribution or marks from or delivered as part of the Licensed Materials.
Licensee will immediately report to Minstrel Technologies any security flaws Licensee discover in the tmatic.travel API and SDK. Minstrel Technologies reserves the right, in its sole discretion, to determine what constitutes a security flaw.
Licensee shall not use the Licensed Materials and shall not create any Products for the purpose of "spamming." Minstrel Technologies reserves the right, in its sole discretion, to determine what actions constitute "spamming".
Licensee shall not, under any circumstances include in or use the tmatic.travel Marks, or any marks that are confusingly similar to or derivative of the itmatic.travel Marks, as part of Licensee trade name (registered or otherwise), logos, or other identifiers, or as part of any domain names, logos, or other identifiers of Licensee Products, or in a manner that creates or may create a sense of endorsement, sponsorship, or association with Minstrel Technologies, unless expressly permitted in advance by Minstrel Technologies. All use of the tmatic.travel Marks, and any goodwill arising out of such use, shall inure to the benefit of Minstrel Technologies. Licensee may freely state and disclose that Licensee are using the tmatic.travel API and SDK as long as Licensee adhere to all restrictions on the use of the tmatic.travel Marks stated in this Agreement.
The tmatic.travel API and SDK is built with certain software tools from third parties for the use of which Minstrel Technologies has acquired the required licenses ("Third Party Licenses"). Licensee shall take notice of all Third Party Licenses and ensure that Licensee Product complies therewith.
Minstrel Technologies reserves the right to monitor Licensee's use of the Licensed Materials for any reason or no reason, including to ensure Licensee compliance with the terms and conditions of this Agreement.
Licensee shall be solely responsible for the conduct of the end users of Licensee Product(s) and any act or omission of such end user in breach of this Agreement shall be deemed to be Licensee act or omission.
Licensee shall not make any modifications to the tmatic.travel API and SDK in any way.
LICENSEE USE OF THE CONTENT
If Licensee use the tmatic.travel API and SDK to retrieve data from the tmatic.travel Database Licensee acknowledge that the data may be protected by intellectual property rights which are owned by Minstrel Technologies or the Content Providers who provided such Content (or by other persons or companies on their behalf).
Licensee's use of the Content is Licensee's sole responsibility. Minstrel Technologies is not responsible or liable whatsoever in any manner for any Content posted on or available through the tmatic.travel API and SDK.
Unless Licensee is legally permitted to do so, Licensee shall not make any modifications to any Content, other than to modify the formatting of such Content in order to display it in a manner appropriate for Licensee Products.
Licensee agree to maintain proper attribution for all pieces of Content to the source of the Content, if such source was provided in the Content License (the "Source"). At no time will Licensee falsely attribute Content. For the sake of clarity, this means that Licensee Product(s) shall not display any Content without attribution to the Source (if available), as delivered in the Content License. In addition, Licensee and Licensee Product(s) shall not modify or remove any proprietary notices, attribution or marks from the Content.
In the event that Licensee have made changes to the Content, of any kind, Licensee hereby waive any and all rights and claims against Minstrel Technologies in respect of any claims of third parties, including Content Providers, that the Content used in Licensee Products is infringing their Intellectual Property Rights. ("Content Infringement Claims"). Furthermore, Licensee agree to indemnify, defend and hold harmless Minstrel Technologies, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all such Content Infringement Claims.
If a Content Provider removes any or all of the Content, such removal will automatically result in the removal of such Content from the tmatic.travel Database. In such event Licensee shall procure as soon as reasonably possible the removal of such Content from Licensee Products.
If Licensee’s Product allows content providers to upload and post content:
Unless separately agreed will Licensee or Licensee Product store or cache Content for longer than three (3) days; after three (3) days, Licensee and/or Licensee Product will re-request any such Content.
Licensee acknowledge and agree that a Content Provider may explicitly request that (certain parts of) its Content shall not be displayed in one or more products, including Licensee Products. Minstrel Technologies respects such requests and Licensee shall do the same.
Minstrel Technologies attaches a lot of importance to the protection of personal data, as defined in article 4(1) of Regulation (EU) 2016/679 (General Data Protection Regulation) on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("Personal Data").
Regardless of whether a different law applies, Licensee agrees that Licensee will also ensure that the processing by Licensee of Personal Data collected via Licensee Products or obtained via the tmatic.travel API and SDK also complies with the requirements contained in European Data Protection Directive 95/46/EC and the e-Privacy Directive 2002/58/EC as amended.
Licensee agrees that Licensee will as soon as possible notify Minstrel Technologies of the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data Licensee collected via Licensee Products or obtained via the tmatic.travel API and SDK. Licensee agrees that Licensee will cooperate in good faith with Minstrel Technologies regarding any notification of such an event towards relevant governmental bodies and data subjects.
For the purpose of this Agreement, "Confidential Information" means any information relating to Minstrel Technologies, its customers, business, organization, the tmatic.travel Database, certain data structures and any other secret information disclosed in circumstances which a reasonable person would consider to be confidential, whether the information is oral, visual or in written form or is recorded in any medium.
Licensee understands that the information Licensee obtained through the performance of this Agreement and the support services provided by Minstrel Technologies hereunder, may include Confidential Information. Licensee shall not disclose any Confidential Information unless approved in writing by Minstrel Technologies in advance. Upon Minstrel Technologies’s request, Licensee shall return to Minstrel Technologies, or at Minstrel Technologies’s request and further instructions, destroy, the Confidential Information acquired by Licensee in respect of this Agreement.
Confidential Information will not include information that (i) is generally and legitimately available to the public not through Licensee fault or breach, (ii) is generally made available to the public by Minstrel Technologies, (iii) is independently developed by Licensee without the use of any Confidential Information and this can, to Minstrel Technologies’s discretion, be sufficiently evidenced by Licensee, (iv) was rightfully obtained by Licensee from a third party who had the right without limitation to transfer or disclose it to Licensee.
Licensee acknowledge and agree that the Licensed Materials are provided to Licensee "as is" each time Licensee make use thereof and Minstrel Technologies makes no representations or warranties of any kind, including but not limited to warranties of title, merchantability, fitness for a particular purpose or non-infringement.
Minstrel Technologies is in no way whatsoever liable to Licensee for any damage or costs arising out of or resulting from (parts of) the tmatic.travel Database being (temporarily) unavailable or for failures or outages of the tmatic.travel API and SDK. Minstrel Technologies will, however, do its best to avoid any situation of non-availability of the tmatic.travel Database.
Minstrel Technologies is never liable for damage or costs in case the tmatic.travel API and SDK do not meet all of Licensee requirements or in case the use of the tmatic.travel API and SDK by Licensee is not uninterrupted, error-free, virus-free or secure.
Minstrel Technologies is never liable for damage or costs on account of transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet.
Minstrel Technologies may at all times (i) make functional, procedural or technical changes or improvements to the tmatic.travel API and SDK, and/or (ii) (temporarily or permanently) take out (part of) the tmatic.travel API and SDK for whatever reason, without becoming liable to Licensee. In such case Minstrel Technologies will notify Licensee 30 days in advance.
LIMITATION OF LIABILITY
Minstrel Technologies accepts no liability for damage that results from the provision of the Licensed Materials, an unlawful act, or any other cause, to the extent permitted under mandatory law.
When Minstrel Technologies is nevertheless liable to Licensee for any damage arising from any cause whatsoever, this liability will at all times be limited to the direct damage up to an absolute maximum of EUR 1,000 per event (a sequence of events will be regarded as one event).
Direct damage is understood to mean exclusively:
Any liability of Minstrel Technologies for damage other than direct damage ("indirect damage"), including – but not limited to – consequential damage, loss and/or damage of data, loss of profits, loss of goodwill, loss of customers, loss of reputation, and lost sales, is excluded.
The limitations and exclusions of liability mentioned in the preceding paragraphs of this article shall not apply if and in so far as the damage is the result of intentional or willful recklessness on the part of Minstrel Technologies.
The existence of any right to compensation is always conditional on Licensee reporting the damage to Minstrel Technologies in writing as soon as possible after Licensee have become aware of the damage. Any claim for compensation vis-à-vis Minstrel Technologies will lapse simply by the expiry of twelve months after the damage first arose.
LICENSOR WARRANTIES AND INDEMNITIES
Licensee warrant and guarantee that:
Licensee hereby agree to indemnify and defend and hold harmless Minstrel Technologies, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, actions, proceedings, damages, obligations, losses, expenses and costs, including reasonable attorneys’ fees and other litigation expenses, resulting from (i) Licensee's use of the Licensed Materials, including but not limited to other than as expressly permitted by this Agreement, (ii) any violation by Licensee of this Agreement or any other agreement between Licensee and Minstrel Technologies, (iii) any of Licensee Products; (iv) any unlawful act performed by Licensee. Minstrel Technologies will provide Licensee with a written notice of any such claim, action, proceedings, damage, obligation, loss, expenses and/or costs. Licensee shall cooperate as fully as reasonably required in the defense of any claim. Minstrel Technologies reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Licensee.
This Agreement will continue to apply until terminated by either Licensee or Minstrel Technologies as set out below.
Both Minstrel Technologies and Licensee may terminate this Agreement at any time, with or without cause, taking into account a notice period of 30 days. Upon the notice of termination being given, the parties shall discuss with each other the termination and the reasons for terminating.
Minstrel Technologies is entitled to terminate this Agreement with Licensee with immediate effect if: (i) Licensee violates any provision of this Agreement, (ii) Minstrel Technologies is so required by law, (iii) Minstrel Technologies decides no longer to provide the Licensed Materials to users in the country in which Licensee are resident, or (iv) the provision of the Licensed Materials is, in the sole opinion of Minstrel Technologies, no longer commercially viable.
Any termination of this Agreement shall also automatically terminate the licenses granted hereunder.
Upon termination of this Agreement for whatever reason Licensee shall deregister Licensee account from the tmatic.travel Website and stop using, and either return to Minstrel Technologies, or destroy and remove from all computers, hard drives, networks, and other storage media, all copies of the Licensed Materials, and shall certify to Minstrel Technologies, in the manner as requested by Minstrel Technologies, that such actions have occurred.
After termination of this Agreement the Sections titled "Licensee warranties and Indemnities" and "Limitation of Liability
" shall continue to be in effect.
If Licensee has suggestions for improvement of the tmatic.travel API and SDK, or other form of feedback or comments, please contact us at email@example.com. Licensee agrees that Minstrel Technologies shall be free to copy, modify, create derivative works of, publicly display, disclose, distribute, license, sublicense, incorporate, and otherwise use Licensee feedback, including all derivative works thereto, for any and all purposes, commercial or otherwise, with no obligation of any kind to Licensee. All intellectual property rights in respect of the feedback and derivative works thereto, shall accrue to Minstrel Technologies and Licensee hereby waive any and all rights – whether or not related to intellectual property – in respect thereof.
AMENDMENTS / MODIFICATIONS
Minstrel Technologies is at all times authorised to amend or supplement this Agreement. The most up-to-date Agreement can always be found on the tmatic.travel Website. The amended or supplemented Agreement will be brought to Licensee attention during Licensee's use of the Licensed Materials. If Licensee continue to use the Licensed Materials after this Agreement has been amended or supplemented, by such action Licensee irrevocably accept the amended or supplemented Agreement. If Licensee does not agree with the amended or supplemented Agreement, Licensee only option is to cease using the Licensed Materials.
Minstrel Technologies may furthermore at all times modify the tmatic.travel API and SDK ("Modification"). Licensee will be notified about all Modifications with a 30 days notice period and Licensee will be provided with the relevant information concerning the Modification and the possible consequences in relation to Licensee Products. Should a Modification not be backwards compatible and/or have an adverse effect on Licensee Products, including but not limited regarding the manner in which Licensee Products communicate with the tmatic.travel Database and how the Content is displayed in Licensee Products, Licensee may contact Minstrel Technologies immediately by sending an email to firstname.lastname@example.org. Minstrel Technologies will attempt to resolve any issues Licensee may have following the Modifications.
This Agreement constitutes the entire agreement between the parties regarding the licenses granted to Licensee for use of the Licensed Materials. This Agreement replaces all earlier agreements, oral or written, related to the subject of this Agreement. Evidence to the contrary is hereby excluded. This is an agreement as to burden of proof.
This Agreement may not be assigned or transferred, in whole or in part, by Licensee to any other party without the prior written consent of Minstrel Technologies. Minstrel Technologies may assign or transfer this Agreement in whole or in part to any other party at any time without Licensee prior written consent being required. Licensee hereby agree in advance to such assignment or transfer.
If at any time any provision of this Agreement is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of the Agreement and such invalid provision shall be replaced by such other provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
Any notice or other communication under or in connection with this Agreement shall be in writing and may be sent (a) by courier or by registered mail to the other Party, or (b) by email (with a confirmation of receipt request), and shall be effective when received, and in any event no later than (i) when sent by courier service or registered mail 3 (three) days after dispatch and (ii) when sent by email upon receipt by the sender of a confirmation of receipt from the addressee.
The Agreement and the use of the Licensed Materials are subject to Dutch law. The applicability of the Vienna Sales Convention 1980 is expressly excluded.
To the extent that national or international rules of law do not prescribe mandatory conditions to the contrary, any and all disputes arising from or related to this Agreement shall be brought before the competent court in Amsterdam, the Netherlands.