End User License Agreement: Tollsmart Data Service Terms of Use

This website, developer.tollsmart.com (the "site"), is owned and operated by Tollsmart, LLC and our affiliates ("Tollsmart", "we" or “us”). By using the site, services provided on the site, our proprietary software made available to you via the site, or toll 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 our Services, you must register for a Tollsmart Developer 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. You must be 18 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 18 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 online services and online, desktop, or mobile applications

As used in these Terms, “you may not” shall mean “you may not, and may not permit any third party to”. Unless stated otherwise below:

  • you may not cache, store, or export any toll content from the Services
  • you may not redistribute any toll content from the Services, including from a cache, by proxying, or by using a screenshot or other static image, instead of directly accessing via our APIs
  • you may not resell or re-syndicate toll content from the Services to any third party (e.g., act as a reseller or service bureau), except to distribute the toll content your end users as an integrated part of your application

We may choose to make available to you products and services that are in beta or otherwise not generally available (“Evaluation Products”). By accessing such Evaluation Products, you agree to only use them for internal evaluation or testing purposes.

Tollsmart APIs

The "Tollsmart APIs" means the Toll service APIs described in our documentation. You may cache Map Assets on end-user devices (e.g., laptops, smartphones, or tablets) for offline use for up to 30 days, but each device must populate its cache using direct requests to the Tollsmart APIs and content from a cache may only be consumed by a single end user. You may not use results from the Tollsmart APIs (a) to develop a general database of toll information or (b) to develop or test another tolling application or API. For all mobile applications that use Tollsmart API Services, you must:

  • Limit use of your app to users at least 13 years of age or disable information sharing for users younger than 13.
  • Obtain your users' affirmative express consent before you access their location (the automatic notifications in iOS and Android suffice).
  • Disclose that location and usage data will be shared with Tollsmart. Notification in your privacy policy is the minimum permitted, but we suggest you also offer a notification directly in your product interface the first time sharing is activated.
  • Allow users to opt out of location data sharing.
  • Comply with any additional local requirements related to information access or sharing.

For more detail, please review our Privacy Policy.

Unlawful and other unauthorized uses

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, organizations 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:

  1. 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;
  2. Interfere with or attempt to gain unauthorized access to any computer network;
  3. Transmit viruses, trojan horses, or any other malicious code or program; or
  4. Engage in any other activity reasonably deemed by Tollsmart 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 Services, 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 Tollsmart 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

You agree to pay all fees owed for your use of the Services, as calculated by our records based on our publicly available pricing, currently located at www.tollsmart.com/toll-api-pricing. All charges are non-refundable unless expressly prohibited by applicable law. We may charge your credit card on a recurring basis for any amounts that you owe us, some of which may require advance payments. This includes autopay, which automatically charges your account on a periodic basis based on the terms of the pricing plan you signed up for. You can opt out of autopay at any time through your account settings in the Tollsmart Developer Console.

Please note the Tollsmart does not store your credit card information, it is stored with a PCI-compliant third party service which utilizes encrypted token technology to keep credit card information secure.

Ownership

Your content

You retain ownership of all content that you contribute to the Services via the Tollsmart API Services, excluding any content that you receive from Tollsmart ("Your Content").

Our content and third party content

Other than Your Content, all content displayed on the site or accessible through the Services, including text, software or source code, are the property of Tollsmart and/or third parties and are protected by United States and international intellectual property laws. Logos and product names appearing on or in connection with the Services are proprietary to Tollsmart or our licensors. You may not remove any proprietary notices or product identification labels from the Services.

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 to us 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 Tollsmart 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

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 automatically terminates, without notice to you. Upon termination of the limited license, you agree to immediately destroy any materials downloaded from the Services. In addition, Tollsmart 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. 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 make to the Services are compatible with our then-current 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 Tollsmart 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, TOLLSMART 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 TOLLSMART OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Website operation. TOLLSMART 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-Tollsmart content. WHEN USING THE SERVICES YOU MAY BE EXPOSED TO THIRD PARTY CONTENT ("NON-TOLLSMART CONTENT"), AND SOME OF THIS CONTENT MAY BE INACCURATE. WE DO NOT ENDORSE ANY NON-TOLLSMART CONTENT. UNDER NO CIRCUMSTANCES WILL TOLLSMART BE LIABLE FOR OR IN CONNECTION WITH THE NON-TOLLSMART CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON-TOLLSMART CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY NON-TOLLSMART CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-TOLLSMART CONTENT. Accuracy. TOLLSMART 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 TOLLSMART 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, OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF TOLLSMART OR A TOLLSMART AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Limitation of damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF TOLLSMART 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 TOLLSMART IN THE TWELVE MONTHS PERIOD PRIOR TO THE DATE ON WHICH THE DAMAGE OCCURRED. Claim period. YOU AND TOLLSMART AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO TOLLSMART MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Additional terms

You agree to keep the contact information associated with your Tollsmart 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 take any action that improperly decreases the fees that you owe us (e.g., create multiple accounts for the purpose of not exceeding the monthly free usage credits). In the event that we discover any such misuse, you agree that we may (in addition to all other remedies) charge you for all fees that you should have paid if you had not improperly used our Services. Upon written notice to you, we may (or may appoint a nationally recognized certified public accountant or independent auditor to) audit your use of the Services to ensure it is in compliance with these Terms. Any audit will be conducted during regular business hours, no more than once per 12-month period and upon at least 30 days’ prior written notice (except where we have reasonable belief that a violation of these Terms has occurred or is occurring), and will not unreasonably interfere with your business activities. You will provide us with reasonable access to the relevant records and facilities. You shall not assign these Terms or any right, interest or benefit hereunder without the prior written consent of Tollsmart, which may be withheld for any reason or no reason at all. Tollsmart 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. These Terms shall benefit Tollsmart and its successors and assignees. These Terms are governed by and construed in accordance with the laws of Virginia, without giving effect to any principles of conflicts of law. Any action arising out of or relating to these Terms must be filed in the state or federal courts for Fairfax County, Virginia, USA, and you hereby consent and submit to the exclusive personal jurisdiction and venue of these courts for the purposes of litigating any such action. 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 Tollsmart to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Tollsmart 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 Tollsmart 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 Tollsmart other than pursuant to these Terms.