Tencent Map Software Development Kit (“SDK”) Additional Service Terms

查看中文版本

The Tencent Map Cloud SDK Additional Service Terms (“Map SDK Terms”) is a contract between Tencent Cloud Computing (Beijing) Company Limited (腾讯云计算(北京)有限责任公司) (“Tencent”) and you, regarding your use of the Tencent Map SDK service (the “Service”) whose Service Materials (as defined hereafter) are provided outside the territory of mainland China, Hong Kong and Macau, irrespective of the actual location of your use of the Service.

In order to use the Service, you should fully read and understand the Map SDK Terms, especially but not limited to those which relate to the limitations, disclaimers or other provisions affecting your significant rights and interests (such as consequences for breach of contract, jurisdiction over disputes, etc.).

Your acceptance of these Map SDK Terms by ticking, clicking to confirm or in any other way indicating your acceptance of these Map SDK Terms, or your access or use of the Service in any way, shall be deemed to mean that you have read and agreed to be bound by these Map SDK Terms, and these Map SDK Terms shall be legally binding between you and Tencent.

The use of the Service shall be subject to the Map SDK Terms, the Tencent Location Service – Open API Service Agreement (《腾讯位置服务开放API服务协议》) (“API Service Agreement”) and any other documentation referred to or hyperlinked in the API Service Agreement, or otherwise made available by Tencent from time to time and expressed to apply to the Service (the “Service Rules”). The Service Rules refer to the service terms, rules, instructions, standards, etc. that relate to the content of the Service, service levels, technical specifications, operational documentation, billing standards, etc. of the Service, all of which are made available on the documentation page for the Service on Tencent’s official website or other relevant pages as updated by Tencent from time to time. Please read and understand the Service Rules in advance and fully comply with the same in order to enjoy the uninterrupted use of the Service.

Where there is any conflict or inconsistency between these Map SDK Terms and the Service Rules, the Map SDK Terms shall prevail over the Service Rules to relation to the Service.

Matters not expressly addressed in these Map SDK Terms shall be governed by the relevant terms and conditions under the Service Rules.

1.Service content
The Service serves as a sub-set of Tencent Location Service, which may provide customers additional functionalities to integrate into their own products and services map-related capabilities provided or sourced by Tencent. In particular, the Services may, subject to any changes from time to time, include map content, SDKs, application programming interfaces (“APIs”), location services and other services and documentation provided in the Service Rules (collectively “Service Materials”), to provide map display capabilities, support 2D/3D map rendering, zooming, panning and rotation gestures, and adding of markers, lines, and polygons by using rich APIs. You may be able to integrate the Services to build and develop location-based service applications (“Applications”), to be further provided to your end users (i.e., any entity or person who receives or uses an Application or accesses all or any portion of the Services in or through an Application, with no right to sublicense the Services, “End User”).

2.License.
2.1 Tencent grants you, a non-exclusive, non-transferable, non-sub-licensable, revocable (on termination or expiration of these Map SDK Terms), limited right to the Service, specifically to the following:

a) Open Standard Schema: You may download, copy, and use the Open Standard Schema in binary form to: (i) develop and integrate into your Application and (ii) distribute the Open Standard Schema, as integrated into your Application, directly or through a distribution chain, to your customers and End Users in accordance with these Map SDK Terms and the Service Rules. Open Standard Schema refers to the SDII standard schema and/or other standard schema definitions and implementations as described in applicable Service Rules.

b) SDKs: You may use the SDKs (i.e., the software development kits, software libraries, and other software tools) in the form made available to you under the Service, in accordance with these Map SDK Terms and Service Rules, specifically as follows:

i. download, copy, and use the SDKs for accessing the Services;

ii. develop your Applications and integrate relevant parts of the SDKs into Applications for the purpose of enabling such Applications to access the Services or make use of map content under the Services; and

iii. distribute the relevant parts of the SDKs as integrated into your Applications, directly or through a distribution chain, to customers and End Users in accordance with the Service Rules.

c) Location Services Access/APIs (i.e. APIs for accessing location services): You may use the APIs made available to you under the Services, for the sole purpose of integrating such APIs with your Applications and distribute the Location Services Access/APIs as part of your Applications, in accordance with these Map SDK Terms and Service Rules. In addition to the caching restrictions mentioned below, you may not use Service Materials in a manner that pre-fetches, caches, or stores data or results, except as explicitly allowed by the caching headers (HTTP/1.1 standard) returned by location services under the Services.

2.2 Third Party Content
a) Tencent may, from time to time, integrate products, services, content or materials from third-party licensors (“Third Party Content”) into the Service and Service Materials, in relation to which Tencent grants you a sublicence to the Third Party Content according to the license terms set out in 2.1 above. When you are made aware (whether through direct notification or by the nature of the Service) that your access or use of the Service or any Service Materials involves any Third Party Content, you must comply with all terms and conditions or documentation applicable to such Third Party Content as set out in the Appendix (Overseas Content Notice) to these Map SDK Terms or other relevant pages as updated by Tencent from time to time, which form part of the Service Rules.

b) In particular, if you access or use the Service or any Service Materials in relation to the deployment of your Application outside of mainland China, Hong Kong and Macau (“Overseas Deployment”), Third Party Content will include products, services, content or materials (“Overseas Content”) from Tencent’s overseas licensors (“Overseas Licensors”). In all instances where any portion of the Overseas Content is delivered to End Users, you must provide End Users with conspicuous notice and access to, and cause each End User to assent to the End User terms (referenced below) in such a manner that the End User terms are enforceable against the End User by Tencent or Overseas Licensors, prior to such End User’s access to any portion of the Overseas Content. End User terms will not be less restrictive, and no less protective of Tencent or Tencent’s overseas licensor than these Terms, and will, at a minimum, include the below provisions:

1) restrict use of the Overseas Content to the End User’s own use with the Application;

2) prohibit use of the Overseas Content with geographic data from competitors of Tencent or Overseas Licensor;

3) prohibit reverse-engineering and archiving of the Overseas Content;

4) prohibit any export of the Overseas Content (or derivative thereof) except in compliance with applicable export laws, rules, and regulations;

5) require the End User to cease using the Overseas Content if the End User fails to comply with the terms and conditions of the End User terms;

6) provide notice to the End User of the applicable regulatory and third-party supplier restrictions and obligations (including copyright notices), as set out in the Appendix (Overseas Content Notice) to these Map SDK Terms and subject to any changes notified by Tencent from time to time;

7) if applicable, provide notice to United States Government End Users (and others who wish to claim similar rights) that the Overseas Content is a “commercial item,” as that term is defined at 48 C.F.R. 2.101, and is licensed in accordance with the End User terms under which the Overseas Content is provided;

8) affirmatively disclaim any warranties, express implied or otherwise, of quality, performance, merchantability, fitness for a particular purpose, and non-infringement;

9) affirmatively disclaim liability for any claim, demand, or action, irrespective of the nature of the cause of the claim, demand, or action, arising out of the use or possession of the Overseas Content; or for any loss of profit, revenue, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out of the use of, or inability to use, the Overseas Content, any defect or inaccuracy in the Overseas Content, or the breach of these terms or conditions, whether in an action in contract or tort or based on a warranty, even if you, Tencent, Overseas Licensors, or their affiliates or suppliers have been advised of the possibility of such damages.

10) do not make or imply any warranties on behalf of Tencent, Overseas Licensors, their affiliates or their data suppliers or provide any right of liability or indemnity against Tencent, Overseas Licensors, their affiliates or their data suppliers; and

11) include any legally required and otherwise appropriate instruction, warnings, disclaimers, and safety information relating to the use of the Application.

c) In addition, the Service may include Third Party Content that is subject to open source software licenses or other similar requirements that Tencent may be required to pass through to you with the delivery of the software. You must comply with all such license requirements or other similar terms. Tencent reserves the right to amend or replace such requirements as needed.

3.Permitted Use and Restrictions.
3.1 Subject to your compliance with these Map SDK Terms and Service Rules, you may:

a) Access and use the Service as described in the Service Rules;

b) use the Service and Service Materials, including the applicable SDKs, tools, and APIs, for the sole purpose of developing Applications and integrating SDKs and APIs within your Applications in accordance with the rights and limitations described in these Map SDK Terms and the Service Rules; and

c) Use Service Materials only for the purposes and in a manner as specified in these Map SDK Terms and the Service Rules, or in a separate written agreement with Tencent.

3.2 Unless otherwise expressly stated in these Map SDK Terms or the Service Rules, you are solely responsible for ensuring that your Applications, your content, and your use of the Service and any Service Materials comply with all applicable laws (including, but not limited to, laws related to privacy, data protection, cybersecurity, and export controls and restrictions), these Map SDK Terms and Service Rules. You are responsible for any noncompliance by your End Users with your obligations under these Map SDK Terms and Service Rules, including the Acceptable Use Policy (“AUP”) as set out below, other terms and conditions or documentation as set out in the Appendix (Overseas Content Notice) to these Map SDK Terms, or other relevant pages as updated by Tencent from time to time, which form part of the Service Rules. If any actual or suspected violation occurs, you will immediately terminate or suspend the End User’s access to all Service Materials.

In particular, the AUP for the Service is as follows.

You shall not use nor permit others to use Service Materials in a way that:

violates any applicable law, regulation or directive, including but not limited to advertising, export, and privacy;

violates, misappropriates or impairs any Tencent or third party rights, including but not limited to property, intellectual property, publicity and treatment of personal information;

is abusive, deceptive, defamatory, offensive or obscene;

permits or seeks to permit the unauthorized use, disclosure or access of/to any Service Materials, including but not limited to (except as expressly permitted by applicable law or contract): data mining, copying, storing, transmitting, assigning, (re)selling, (sub)licensing, distributing, displaying, publishing, benchmarking, scanning, monitoring, mirroring, framing, embedding, scraping, linking, modifying, translating, combining, creating derivative works, disassembling, decompiling, and reverse engineering;

violates/circumvents contractual usage restrictions or any monitoring, reporting or authentication mechanisms;

has the goal or effect of:

a) circumventing, breaching, probing or compromising any security measures (including but not limited to introducing viruses, worms, spyware or other malware);

b) gaining unauthorized access to any information, services or systems (including but not limited to phishing, pharming or spoofing); or

c) disrupting the integrity, availability or operation of any information, services or systems (e.g. DoS, DDoS);

the Service Materials or any information derived therefrom is used

a) for high-risk systems, devices or products in a manner where Service Materials or any information derived therefrom would be critical to health or security of people or property; or

b) for Military Use activities. Military use means use by any armed services (such as army, navy, marine, air force or coast guard), government intelligence or reconnaissance agencies or any End User whose actions or functions are intended to support such activities;

removes, modifies, or obscures any copyright, trademark, or other proprietary right notices; or

would expose the Service Materials to any open source software, open content, or open database licenses or other resembling terms where such licenses or terms would (i) cause the disclosure or distribution of the Service Materials (or any part thereof); (ii) grant any licenses to any derivative works of any Service Materials (or any part thereof); (iii) cause redistribution of the Service Materials (or any part thereof) at no charge, as a condition for use, modification or distribution of such other material; or (iv) otherwise restrict or impact the licensing or other use of the Service Materials (or any part thereof).

Tencent reserves the right, but does not assume the obligation, to investigate any suspected violation of this AUP and may, acting reasonably:

remove content and/or suspend, disable, or terminate access;

report any suspected violations to enforcement officials or affected third parties; and

seek reimbursement of losses and costs resulting from such violations, including, but not limited to, reasonable legal fees.

3.3 Except as permitted under a separate agreement with Tencent or otherwise with Tencent’s consent, you may not:

a) Integrate Service Materials into a ground, aerial, manned, or unmanned vehicle system or any component thereof, including vehicle positioning sensors (for example, GPS, triangulation, odometer, compass, gyroscope, or accelerometer), navigation terminals or black boxes, and windshield or display screens installed in the vehicle; and

b) Use Service Materials for or in connection with any systems or functions for automatic or autonomous control of ground, aerial, manned, or unmanned vehicle behavior, including systems or functions for the control of vehicle speed, braking, suspension, fuel, emissions, headlights, stability, drive train management, visibility enhancement, and steering, commonly known as Advanced Driver Assistance System (ADAS) or Highly Autonomous Driving (HAD) functionalities.

3.4 You may not:

a) in relation to Overseas Deployment of your Application, use datasets which are not Overseas Content (“Non-OL Content”) together with Overseas Content in Applications that are made available to End Users or third parties (as allowed by your license in these Map SDK Terms). Notwithstanding the foregoing, and subject to compliance with clause 3.4 b) below and your sublicense to Overseas Content for use in Applications set out in clause 2.2 above, you may (i) layer Non-OL Content with Overseas Content for display purposes; and (ii) combine Non-OL Content with Overseas Content for the purpose of delivering derived location responses, such as a route or search result, provided, in both cases (i) and (ii), that the origin of the Overseas Content and Non-OL Content can be distinguished and correct attribution can be provided. The Overseas Content of Japan may only be used with Non-OL Content for point of interest (PoI), visual content or dynamic content including traffic;

b) expose Service Materials to any open source software, open content, open database licenses or other resembling terms where such licenses or terms would (i) cause the disclosure or distribution of the Service Materials (or any part thereof); (ii) grant any licenses to any derivative works of any Service Materials (or any part thereof); (iii) cause redistribution of the Service Materials (or any part thereof) at no charge, as a condition for use, modification or distribution of such other material; or (iv) otherwise restrict or impact the licensing or other use of the Service Materials (or any part thereof);

c) modify Service Materials;

d) extract sales lead information, category-specific business listings, or mailing or marketing lists;

e) make any derivative works based on or using Service Materials, reverse engineer, reverse compile, disassemble, or attempt to determine the source code of the Service Materials;

f) use Service Materials in connection with a machine learning or artificial intelligence (“AI”) system, including but not limited to, models used in connection with natural language processing, algorithm optimization and training, logical AI/inferencing, machine learning, deep learning, behavioral learning, artificial neural networks, machine perception and motion manipulation, predictive analytics, generative AI, and data extrapolation;

g) use Service Materials for: (i) benchmarking of third-party data sets (which are not Third Party Content), or (ii) a reference to create, enhance, or improve a product or service competitive to the Service;

h) provide Service Content to another person or entity who is not an End User of your Application;

i) except as included in an Application, and as permitted in your license grant in clause 2 above, use Service Materials to create, develop, enhance, test, or evaluate a platform, product or solution regardless of whether such platform, product or solution contains reference to any Service Materials;

j) cache or store outside of an Application any Results that include anything from the use of Service Materials or location services under the Services for more than 30 days, unless Results are used solely for your internal testing, evaluation, or record retention for audit and legal compliance purposes. For the purpose of these Map SDK Terms, “Result” means each unique delivery of information delivered to an Application by the Service, in response to Request, and “Request” means an API call initiated by an End User using the Application;

k) in relation to Overseas Deployment of your Application in Japan, cache or store any Results from Overseas Content and location services for Japan (with the exception of Geocoding and Search as described in context of these services) for more than 24 hours, subject to any exceptions provided under Service Rules relating to Overseas Content as notified by Tencent from time to time;

l) create any Results that contain unenhanced or unmodified Service Content or scaling one Request to serve multiple End Users;

m) use incorrect attribution of any information derived from the Service; or

n) in relation to Overseas Deployment of your Application in Japan, modify in any manner the annotation data (including but not limited to island names and sea names) and national boundary lines in Japan content included in Overseas Content; or

o) use outdated versions of the Service or Service Materials.

3.5 Please be aware that Tencent has the right to take appropriate measures to verify and check whether you have fulfilled the corresponding obligations and the use restrictions set forth in these Map SDK Terms and Service Rules, and you shall provide the necessary assistance and cooperation in such verification and checking. Whether or not Tencent has taken verification and checking measures, and the conclusions of such verification and checking, shall not affect your obligations and liabilities. If Tencent discovers that you have violated these Map SDK Terms or Service Rules or engaged in unlawful or criminal activities using the Service, Tencent shall have the right to take, without notice and based on its own reasonable judgement, remedial measures such as issuing warnings, restriction of functions, suspension or termination of the Service, blocking of accounts, deletion of relevant content, keeping relevant records and reporting to the relevant competent authorities. You shall be solely responsible for any legal liabilities or any claims, demands or losses asserted by a third party resulting therefrom or arising therefrom; and you shall also indemnify Tencent for any losses incurred by Tencent as a result thereof.

4.Availability

4.1 The Service or Service Materials may not be available in, or accessible from, all locations, regions, or territories. Without liability from Tencent to you, Tencent may suspend, limit, or throttle access to, and availability of, the Service or all or any portion of Service Materials: (i) to address an emergency, misuse, or actual or perceived threat to the operation of the Service or any Service Materials; (ii) to comply with applicable laws, including trade compliance and export control laws and regulations; (iii) to respond to requests or demands of a government entity or authority; and/or (iv) pursuant to any privacy concerns, copyright ”notice and take down” requests, or violation of Intellectual Property Rights or other third-party rights. Tencent will inform you of such suspension or limitation without undue delay.

4.2 Tencent may amend, change, deprecate, or discontinue the Service and/or Service Materials or any part thereof, from time to time by providing a notification to you through the Service or your account. Any such action will become effective on the date specified in the notification.

5.Intellectual Property Rights

5.1 You agree that all intellectual property rights (i.e., all current and future worldwide rights under patent, copyright, trade secret, trademark, or moral rights laws, and other similar rights, “Intellectual Property Rights”) in and to the Services, as between you and Tencent, will be owned by Tencent, or Tencent’s licensors, as the case may be. Except as expressly set forth in these Map SDK Terms and to the extent permissible under applicable law, Tencent does not grant to you any licenses or other rights, implied or otherwise, in or to Tencent’s Intellectual Property Rights.

5.2 You may not remove or obfuscate any trademarks or copyright notices affixed to or included in Service Materials (including any Third Party Content).

6.Indemnity

6.1 You agree to fully indemnify Tencent and its affiliates in respect of any losses or expenses incurred or suffered by Tencent and its affiliates in connection with or arising out of your or your End User’s breach of these Map SDK Terms and/or Service Rules.

6.2 You agree to fully indemnify and hold Tencent and its affiliates harmless against any claim, demand, suit or proceeding: (i) made or brought against Tencent by a third party alleging that your content, Applications or instructions provided or made available by you or your End User infringes or misappropriates such third party’s Intellectual Property Rights; or (ii) arising from the your use of the Services (each a “Claim Against Tencent”), and will indemnify Tencent and its affiliates from any damages, attorney fees and costs finally awarded against Tencent and its affiliates as a result of a Claim Against Tencent.

7.Disclaimer of Warranties.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE SERVICE AND SERVICE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER TENCENT NOR ANY OF ITS LICENSORS OR AFFILIATES, PROVIDERS OR DISTRIBUTORS, MAKE, AND TENCENT HEREBY DISCLAIMS ON BEHALF OF ITSELF AND SUCH PERSONS, ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE AND SERVICE MATERIALS, ANY OTHER SOFTWARE OR SERVICES, OR ANY MEDIA OR OTHER CONTENT SUBMITTED, UPLOADED, STORED, TRANSMITTED OR DISPLAYED BY OR THROUGH THE SERVICE, INCLUDING ANY REPRESENTATION, WARRANTY OR UNDERTAKING:

a) THAT THE SERVICE OR SERVICE MATERIALS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;

b) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE;

c) THAT USER DATA WILL NOT BE SUBJECT TO LOSS OR DAMAGE;

d) OF NON-INFRINGEMENT;

e) THAT THE SERVICE OR SERVICE MATERIALS WILL BE SECURE OR COMPATIBLE WITH YOUR OR YOUR END USERS’ NETWORKS, SYSTEMS, APPLICATIONS, HARDWARE, OR DEVICES; OR

f) THAT THE SERVICES WILL BE OF MERCHANTABLE OR SATISFACTORY QUALITY OR FIT FOR ANY PARTICULAR PURPOSE. FOR THE AVOIDANCE OF DOUBT, THE SERVICES ARE NOT DESIGNED OR INTENDED FOR HIGH RISK ACTIVITIES.

8.Disclaimer of Damages.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, NEITHER TENCENT, NOR ITS AFFILIATES OR THEIR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, FOR: (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES; (ii) UNAVAILABILITY OF THE SERVICE OR SERVICE MATERIALS; (iii) YOUR APPLICATIONS OR INTELLECTUAL PROPERTY RIGHTS; OR (iv) LOSS OF DATA, LOST PROFIT, GOODWILL, REVENUE, CUSTOMERS OR OPPORTUNITIES; IN EACH CASE, RELATING TO THE SERVICES AND THESE MAP SDK TERMS.

9.Others.

9.1 The formation, validity, performance and interpretation of, and dispute resolution in relation to, these Map SDK Terms will be governed by the laws of the PRC (excluding the conflicts of law provisions). In the event of any dispute arising out of these Terms, the parties will first attempt to resolve the dispute through mutual consultation in good faith; if the parties fail to resolve the dispute through such consultation, either party may refer the dispute or conflict to the People’s Court in Nanshan District, Shenzhen.

9.2 These Map SDK Terms were last updated on 20250716. Tencent has the right to make modifications to the contents of these Map SDK Terms in accordance with changes in applicable laws, regulations and policies, technological advances, and changes in Service features, and Tencent will give you reasonable notice of such modifications, and you may also review the latest version of these Map SDK Terms on the documentation page for the Service on Tencent’s official website . If you do not agree with the modifications made by Tencent to the Map SDK Terms, you have the right to stop using the Service and notify Tencent in writing.

Appendix – Overseas Content Notice
All terms and conditions or documentation applicable to Third Party Content, which form part of the Service Rules, are made available on https://legal.here.com/en-gb/terms/general-content-supplier-terms-and-notices or other relevant pages as updated by Tencent from time to time.

试试AI总结 不想看文档？直接问AI～ 这篇文档对您是否有帮助？