General Terms and Conditions
This English version is a translation provided for convenience. In case of any discrepancy, the German version shall prevail.
Terms of Use and General Terms and Conditions of Top-O-Map TOM GmbH
These apply to onlinetopomap.de, onlinetopomap.com (operated by Top-O-Map TOM GmbH), as well as to top-o-map.de and top-o-map.com.
1. Nature and Scope of the Services, Scope of Application and Incorporation
1.1 Top-O-Map is a service that provides high-quality topographic maps for displaying landscapes, paths and terrain features. The maps enable detailed exploration as well as the planning of leisure activities.
1.2 The Top-O-Map maps are based on data from OpenStreetMap (© OpenStreetMap contributors, ODbL) and various other data sources, which are listed under Sources, and are updated automatically on a regular basis. Changes in OpenStreetMap usually appear in Top-O-Map within a few days.
1.3 Users can use the topographic maps directly in their browser on OnlineTopoMap.
By subscribing to a paid plan, users can use the maps on the OnlineTopoMap website without advertising.
When using the website, it is not permitted to carry out mass downloads of map material using technical aids. For details, see 11.1.
In addition, the maps may be integrated into your own apps and/or websites, stored, and used for your own purposes.
Integration can be achieved either by embedding our interactive maps using an iFrame or by using our tile server, which provides the map data.
Integration is free of charge. However, watermarks (overlays) will be displayed on the maps. These overlays may contain information or advertisements, for example. When integrating the maps free of charge, the Top-O-Map logo must be displayed in the bottom-left corner of the maps (see Use our maps)
Paid monthly or annual subscriptions for usage quotas are available for integrating the maps without overlays and/or for higher usage volumes. Available usage limits, subscription periods, and prices are listed on the pricing page.
Whenever the maps are integrated into a website and/or app, whether free of charge or for a fee, the source attribution must be displayed, and Top-O-Map.com must be mentioned and linked as the map source on the website/app.
One-time usage quotas can be purchased for downloading parts of the map. Available quotas, prices and validity periods are listed on the pricing page for one-time purchases. A one-time purchase does not automatically renew into a subscription.
1.4 These Terms of Use and General Terms and Conditions (hereinafter “Terms of Use”) apply to the use of all Top-O-Map services described in the preceding sections. By using the services, the user declares their agreement to these Terms of Use. This applies regardless of whether the user obtains the services directly via the onlinetopomap or Top-O-Map website or via third-party services into which Top-O-Map services have been integrated.
1.5 The Terms of Use also apply to visiting the website and to accessing, viewing and using the map material provided and all other content and functions of the website by any user, irrespective of registration or any other contractual relationship. A user within the meaning of these Terms of Use is any natural or legal person who accesses or uses the website or the map material. By accessing or using the map material for the first time, the user accepts these Terms of Use. The Terms of Use can be accessed on the website at any time via the link in the footer and are additionally displayed when the map material is accessed for the first time.
2. Contracting Party
The user concludes a contract for the use of the services described in Section 1 with Top-O-Map TOM GmbH, Sonnenstraße 31, 97225 Zellingen, Germany (hereinafter “Top-O-Map”).
3. Costs of Use
3.1 Top-O-Map provides the user with free online viewing and exploration of the map material via the websites onlinetopomap.de and onlinetopomap.com. Access to the ad-free maps is available through a paid subscription (monthly or yearly).
3.2 Top-O-Map permits users to embed the maps in their website and/or app free of charge. In this case, overlays in the maps indicate that it is free use, and advertising may be displayed. In addition, the speed may be throttled. For usage volumes of 30,000 map tiles per month or more, higher data speed and maps without overlays, Top-O-Map offers paid usage quotas.
3.3 Embedding and use of the map material without overlays and/or with a usage volume of more than 30,000 map tiles per month is made possible by purchasing usage quotas via top-o-map.de or top-o-map.com and is subject to a charge.
Technical definition of a map tile: A map tile is a single square map image element measuring 256 x 256 pixels; the displayed map is composed of such tiles. The number of tiles required for a map view depends, among other things, on the size of the map section, the zoom level and the screen resolution. Additional tiles are retrieved when the map is moved or zoomed.
3.4 The download of map material is made possible by a one-time purchase of usage quotas via top-o-map.de or top-o-map.com and is subject to a charge.
3.5 As soon as the user wishes to use paid services, they will be informed of this separately. Use is expressly confirmed through a purchase process.
3.6 The basis for the paid services and the corresponding fees is set out under “Pricing”. All fees are due for payment immediately upon invoicing for the entire service period.
3.7 Monthly quota release: For plans with a monthly usage quota, the agreed quota is made available at the beginning of each billing period. For annual subscriptions, the monthly quota is made available at the beginning of each month. Unused monthly quotas are not carried over to the next billing period.
3.8 Quota overruns: Exceeding the booked quota does not result in automatic additional costs or surcharges unless such costs have been expressly and effectively agreed. Once the booked quota has been used up, the loading speed is reduced and the user is informed by e-mail and by watermarks in the maps that the quota has been exhausted. The restriction generally ends at the beginning of the next monthly billing period, or earlier if a plan upgrade has been purchased and has already taken effect.
3.9 Plan changes and changes to the subscription: The customer can switch between available plans via the customer portal of the payment service provider Stripe.
3.10 Payments are processed via the payment service provider Stripe.
3.11 The following payment methods are available to the user for settling invoices: PayPal, credit card, SEPA transfer and other options indicated in the Stripe payment process.
3.12 If a fee cannot be collected or payment is not made without delay, the user shall bear all resulting costs, in particular bank charges in connection with returned direct debits and similar charges, to the extent that the user is responsible for the event giving rise to the costs. In the event of late payment, access to the maps may be blocked.
3.13 Invoices and payment reminders are sent by e-mail or via the payment provider Stripe. The user must notify Top-O-Map or Stripe without delay of any changes to stored e-mail and billing addresses and payment details.
4. Registration and Conclusion of Contract
4.1 By using Top-O-Map services, the user accepts these Terms of Use.
4.2 Registration is required exclusively for the paid purchase of usage quotas. The user data collected in this process is not accessible to third parties and is used exclusively for processing the contract.
5. Liability
5.1 Top-O-Map shall be liable to users without limitation for all damages resulting from injury to life, body or health based on a breach of duty for which Top-O-Map, its legal representatives or its vicarious agents are responsible, and for other damages attributable to an intentional or grossly negligent breach of duty or to fraudulent conduct by the aforementioned persons. Furthermore, Top-O-Map shall be liable without limitation insofar as liability cannot be excluded or limited under mandatory statutory provisions (in particular under the German Product Liability Act), and in the event that Top-O-Map has expressly assumed a guarantee.
5.2 In the event of a slightly negligent breach of an essential contractual obligation, Top-O-Map shall only be liable for the foreseeable damage typical for the contract according to the nature of the service. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the user may regularly rely. In the event of a slightly negligent breach of an obligation that is immaterial to achieving the purpose of the contract, liability is excluded.
5.3 Subject to the provisions of Sections 5.1 and 5.2, Top-O-Map’s liability for claims for damages – on whatever legal grounds – is excluded unless otherwise provided in these Terms of Use. Cases of intent and gross negligence as well as the cases mentioned in Section 5.1 remain unaffected by this exclusion.
6. User’s Own Responsibility
6.1 The user is aware that representations in the map material may – for whatever reason – deviate from the actual conditions on site. Paths may (no longer) exist, may be closed temporarily or for a longer period (for example by official order) or may (no longer) be accessible. It is solely the user’s responsibility to observe and comply with official orders. Furthermore, it is solely the user’s responsibility to adapt their behaviour to the actual local conditions and to make careful decisions about whether and how to move about on site.
6.2 Top-O-Map gives no warranty and assumes no responsibility that the user has sufficient physical fitness to walk or ride the routes they have selected, that they carry the necessary equipment required by the weather when hiking or on other excursions, that they ensure adequate equipment and provisions, and that they inform themselves in advance about the actual weather conditions on site. Likewise, Top-O-Map gives no warranty that all information in the map material, in particular regarding route courses, roads, locations and contour lines, is free of errors.
6.3 The provisions of Section 5 (Liability) remain unaffected by the above.
7. Warranty
7.1 The statutory warranty provisions apply. However, the user is advised that the map material is by its nature generalised and can only reflect the actual conditions on site to a limited extent. There is no liability for the accuracy, completeness and up-to-dateness of the map data in the sense of a guarantee, unless expressly agreed otherwise.
7.2 In the case of merely insignificant defects in the map material that do not impair use or only impair it insignificantly, there is no claim to subsequent performance.
8. Withdrawal Policy for Consumers
8.1 If the registration and purchase of usage quotas are made neither for commercial nor for independent professional purposes, the user acts as a consumer within the meaning of Section 13 of the German Civil Code (BGB). The following applies exclusively in this case:
8.2 Right of withdrawal: The user has the right to withdraw from the contract for the supply of usage quotas within fourteen days without giving any reason. The withdrawal period begins on the day the contract is concluded. To exercise the right of withdrawal, the user must inform Top-O-Map of their decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail): Top-O-Map TOM GmbH, Sonnenstraße 31, 97225 Zellingen, Germany, e-mail: withdrawal@top-o-map.com. To meet the withdrawal deadline, it is sufficient to send the notice of withdrawal before the deadline expires.
8.3 Consequences of withdrawal: If the user withdraws from this contract, Top-O-Map shall reimburse all payments received from the user without undue delay and at the latest within fourteen days from the day on which Top-O-Map received the notice of withdrawal from this contract. If the user has requested that the services begin during the withdrawal period, the user shall pay a reasonable amount corresponding to the proportion of the services already provided in comparison with the total scope of the services provided for in the contract.
9. Changes to the Scope of Services
9.1 Top-O-Map has the right to expand, restrict, change and/or completely discontinue the website, the map material, the usage quotas and all other services offered at any time in terms of content, design and/or functionality. With respect to users who have purchased usage quotas for a fee, this applies only insofar as the change or discontinuation is reasonable for them. Should the map material no longer be usable in accordance with the contract for the agreed remaining term, the fee for the unused remaining term will be refunded on a pro rata basis.
9.2 Otherwise, the user has no claims for compensation due to the aforementioned changes in service; liability is governed by Section 5.
10. Availability of the Services
10.1 The user is aware that uninterrupted availability of the Top-O-Map website and its services cannot be technically guaranteed. The user acknowledges that they have no claim to permanent availability of Top-O-Map’s services; claims are governed by Section 5 (Liability).
10.2 Top-O-Map reserves the right to restrict and/or temporarily suspend all services for reasons of security, maintenance and/or capacity, insofar as this is reasonable taking into account the legitimate interests of users, in particular those who have purchased usage quotas for a fee.
11. Obligations of the User
11.1 The user is obliged to refrain from all actions that are likely to impair the functioning of the platform and the services, to overload them or otherwise hinder or damage them in any way. This includes in particular the mass downloading of large map areas via many parallel connections. The use of tools and bots for the mass downloading of map content via the website is not permitted.
11.2 The user undertakes to use the services offered, in particular the map material and the usage quotas, exclusively for lawful and appropriate purposes that are in accordance with these Terms of Use, applicable guidelines and statutory requirements. In particular, use for the distribution of illegal, youth-endangering or pornographic content is prohibited. Use must comply with applicable export control, sanctions and other statutory restrictions.
11.3 The user is obliged to keep their access data and the data relating to the usage quotas secret and not to pass these or the purchased usage quotas on to third parties. This applies in particular to time-limited quotas.
11.4 The user is obliged to provide attribution in accordance with the licence terms. This applies both when offering interactive maps and when publishing static map images and printed materials. Information on correct attribution can be found under: Use maps – source attribution.
12. Data Protection
12.1 User-related data is processed electronically for the use of Top-O-Map’s services resulting from the contract concluded by the user and for the provision of the website.
12.2 The provisions of the Privacy Policy Privacy Policy shall otherwise apply.
13. Suspension of Use and Extraordinary Termination
13.1 If Top-O-Map has concrete indications of unlawful conduct by the user when using the platform, the services offered and the usage quotas, in particular in the form of violations of these Terms of Use or actions likely to infringe the property rights of third parties, Top-O-Map is entitled, after prior notice, to temporarily exclude the user from using the services until the allegations have been finally clarified.
13.2 Both parties have the right to terminate the user agreement for good cause without notice (Section 314 BGB). Good cause exists for Top-O-Map in particular if the user, despite a warning, violates material obligations under these Terms of Use or if the suspension of use pursuant to Section 13.1 remains unsuccessful.
14. Termination of the Usage Agreement
14.1 Monthly subscriptions: Monthly subscriptions automatically renew for successive one-month periods after the initial subscription term expires, unless the subscription is cancelled through the Stripe Customer Portal before the end of the current term.
14.2 Annual subscriptions: Annual subscriptions automatically renew for successive one-month periods after the initial subscription term expires, unless the subscription is cancelled through the Stripe Customer Portal before the end of the current term. The regular monthly subscription price applies to each renewal month; the annual discount applies only to the initial paid year.
14.3 One-time purchases of usage quotas: Access to the map material ends automatically once the agreed usage quota has been used up or after the agreed period of validity. Cancellation by the user is not necessary.
14.4 Upon expiry of the Usage Agreement, access to the map server will be restricted. Any map data downloaded or stored locally by the user on their own devices may continue to be used in accordance with the licence terms (CC BY-SA).
14.5 Renewed access to the map server after termination of the usage agreement requires the conclusion of a new usage agreement. There is no entitlement to the conclusion of a contract or to identical conditions. Until a new usage agreement is concluded, Section 1.5 applies accordingly to mere visits to the website.
14.6 The user’s right to terminate the usage agreement extraordinarily for good cause before the end of the term of use (Section 314 BGB), as well as rights of withdrawal and statutory warranty rights, remain unaffected. Furthermore, the expiry of the term of use does not affect claims that arose before or upon termination of the usage agreement.
15. Place of Jurisdiction and Applicable Law
15.1 The law of the Federal Republic of Germany shall apply to all disputes arising from or in connection with the Top-O-Map services described in Section 1, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
15.2 If the user is a merchant, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of Top-O-Map.
16. Final Provisions
16.1 Amendments and additions to contractual agreements require text form, unless otherwise provided by law.
16.2 Top-O-Map reserves the right to amend these Terms of Use with effect for the future, insofar as this is reasonable while safeguarding the legitimate interests of users. The user will be notified of changes in text form (e.g. by e-mail) with reasonable advance notice and will be expressly informed of their right to object and the significance of the objection period. If the user does not object within four weeks of receipt of the notification, the changes shall be deemed accepted. In the event of an objection, Top-O-Map has the right to terminate the user agreement as of the date on which the changes take effect; usage quotas purchased for a fee will be refunded pro rata for the unused remaining term.
16.3 The place of performance is the registered office of Top-O-Map.
16.4 Unless otherwise agreed, the user may send declarations to Top-O-Map by e-mail.
16.5 Should individual provisions of these Terms of Use be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provision that comes closest to the economic purpose of the invalid provision.