Conditions Générales d’Utilisation
8 October 2021 – kisio
Introduction
The website is published by Kisio Digital, a simplified joint stock company with a capital of €3,336,750, registered with the Paris Trade and Companies Register under number 439 506 080, whose head office is located at 20 rue Hector Malot 75012.
The purpose of these terms and conditions is to define the terms of access and use (hereinafter “GCU”) for the Navitia.io API.
The aim of Navitia.io is to enable more people to improve or create new mobility-related products and services to promote public transport on a wider scale.
Navitia.io is a service that connects transport data producers with Re-users. Through its API and the aggregation of open data, the platform offers improved services for route planning, displaying the next departures, timetable searches, local searches, autocomplete, etc.
The Navitia.io API is the property of Kisio Digital as the publisher. The API has been developed from a Navitia technology base (versions 1 and 2) and an open source passenger information system (AGPL licence), owned by Kisio Digital.
The following definitions are used below:
- Re-user: any natural or legal person wishing to use the Navitia.io API and its features to integrate them into their own information system for end users or others. (e.g. developers, start-ups, digital agencies, IT companies, large tourism companies, events, real estate sectors, etc.)
- Producer: legal entity, owner or manager of public transport data with the intention of providing raw data to the widest possible audience as part of their open data policy.
- The API (web service): Application Programming Interface, is defined as a set of rules or a routine by which a programme authorises another application to work directly with it, by accessing its functions. The Navitia.io API is presented in the technical documentation available on the website Navitia.io.
- Publisher: Kisio Digital, which has ownership of the Navitia.io API
- Website: the Navitia.io website
Adherence to the GCU
Any consultation of the pages of the Website subsequent to the present page implies the Re-user’s acceptance of the terms of these GCU.
It is specified that the Publisher remains free at any time to add to, modify, correct or delete all or part of the GCU. These changes will be considered to have been brought to the Re-users’ attention by the simple fact that they are posted online. Consequently, they are deemed to be accepted without reservation by any Re-user accessing the Website after they have been posted online. The Re-user is therefore invited to refer to them each time they visit the Website in order to familiarize themselves with the latest version available.
Accessing the API
To access the API, the Re-user must expressly register on the Website www.Navitia.io by:
– filling in the registration form containing the following fields: surname, first name, e-mail
– accepting the API’s terms and conditions of use by clicking the button that says “I understand and accept the general conditions of access and use of the Navitia.io platform”.
If the Re-user is not registered, they cannot receive a token to connect to the API and access the features offered.
The main features offered by the API are:
- route planning;
- information about the next departures;
- calculating points on the same timeline;
- carrying out local searches.
Re-users are informed and accept that Kisio Digital may carry out inspections to confirm that the features are being used appropriately and in accordance with applicable laws and these GCU.
Prices
The Navitia.io API is designed to provide free and open access for commercial and non-commercial purposes. However, providing the API incurs real costs for Kisio Digital. In the event of intensive use of the Navitia.io APIs or for certain commercial applications, Kisio Digital reserves the right to charge for use of or access to the Navitia.io API.
The Re-user understands that Kisio Digital reserves the right to charge for the use of the Web service in excess of 5000 calls per month. The business model is in the form of a monthly subscription as follows:
- From 0 to 5000 requests per month the service is free. Calls to the Isochrone API are limited to 500 requests per month.
- From 5000 to 20,000 requests per month the monthly rate is €49. Calls to the Isochrone API are limited to 2000 requests per month.
- From 20,000 to 100,000 requests per month the monthly rate is €199. Calls to the Isochrone API are limited to 10,000 requests per month.
The amounts are deducted automatically on a fixed date and can be cancelled at any time.
If the Re-user goes over the limit, they will be notified by e-mail and the overconsumption will be charged extra. The Re-user may alter their subscription at any time.
Kisio Digital reserves the right to modify the threshold of 5000 calls per month, subject to informing the Re-users with one month’s notice.
For any large commercial project with more than 100,000 monthly requests, please contact us at info.navio@kisio.com to find the best solution.
To find out more about our prices: www.navitia.io/tarifs
Obligations of the Re-users
Applicable credits
For any use of the Navitia.io API, we ask you to include a credit mentioning “navitia.io” and a link to the Website: www.navitia.io. Reference to “navitia.io” can be included in legal notices and credits for developed applications, in online shops and in your press releases.
Ethics
The Re-user undertakes to respect the rules of ethics and good manners in all discussions with other users and in particular on the Google Group and on social networks.
The Re-user also undertakes to inform Kisio Digital of any use that appears to be abusive and/or contrary to these GCU.
The Re-user undertakes not to use the API and its data for malicious purposes or purposes that could harm a third party.
Respecting licences
For transporting open data:
The transport data used by the Navitia.io API comes from producers (carriers and other transport organisations) who have chosen to publish their data as open data.
It is understood that Navitia.io uses several datasets subject to heterogeneous licences that must be strictly respected.
It is understood that Kisio Digital does not mix the said heterogeneous data to recreate a new unique database. The databases are processed individually and added to by Kisio Digital teams to be redistributed in GTFS format on the Website or via the API. The aggregation of the databases only takes place in the Navitia engine, for which each element is subject to its own conditions.
When using the Website, the Re-user undertakes to comply with applicable laws and regulations and the open data licence conditions for the datasets, expressly referring to the licences in question to ascertain the extent of the applicable rights and obligations.
The notices for these licences are available on the following page: http://www.navitia.io/datasets. To use the Navitia.io API, Re-users are required to include the notices stipulated in the licences for the datasets used in the credits for their application.
As a reminder, Kisio Digital undertakes to study the licences of datasets before making them available for re-use or to negotiate specific agreements with the producer if the obligations are too restrictive or incompatible with the licences to ensure the legal availability of the data, subject to the appropriate licence.
Regarding address data:
To complement its service, Navitia.io works closely with Open Street Map, an international project founded in 2004 to create a free map of the world. The Navitia software includes address and POI data from Open Street Map for redistribution to Re-users.
The address data can be freely re-used under an ODbL licence which includes an attribution clause and a sharing clause. If you use an OpenStreetMap, you must include a credit for the OpenStreetMap contributors.
See the following address for more information: http://www.openstreetmap.org/copyright
In the event of non-compliance with these GCU, Kisio Digital reserves the right to suspend the Re-user’s access to the API and to take legal action.
Limitation of responsability
Any Re-user using the API free of charge does so at their own risk. In no event shall Kisio Digital, its affiliates or its employees be liable for any direct or indirect damages, including but not limited to any material damages, loss of data or software, transmission of a virus that may infect computer equipment or any other property on account of connecting to and/or accessing and/or using the API, or any financial loss resulting from access to the API or use of the information contained therein, regardless of its nature.
In case of free use, neither Kisio Digital nor its subsidiaries, nor its staff members can be held responsible for the use of the API and the compliance with the obligations by the Re-users. Kisio Digital’s obligation is limited to advising on the obligations to be respected for the datasets.
Finally, Kisio Digital will endeavour to ensure the quality and accuracy of the data provided via the API functions.
Processing of personal data
Kisio Digital, as the company responsible for processing, collects and processes the personal information that you may communicate on this Website, in particular through our forms, to:
- Manage the registration and management of your account,
- Process your subscription requests and related billing.
In accordance with the French Data Protection Act N° 78-17 of 6 January 1978, as amended, and the EU Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free circulation of such data, you have the right to access, modify and delete your personal data.
You can exercise this right by contacting us at the following address:
- Kisio Digital – Kisio Digital 20 rue Hector Malot, 75012 PARIS, dpo@kisio.com
Recipients of your personal data
Under no circumstances will the data collected on the Website be transmitted, given or sold to third parties.
Kisio Digital guarantees the confidentiality of your personal data and ensures that the persons authorised to process it also undertake to meet this obligation of confidentiality.
Duration of retention of personal data
The processed data is kept for three years.
Security of personal data
Kisio Digital ensures that your data is treated securely and confidentially, including when certain operations are performed by our subcontractors. To this end, Kisio Digital undertakes to take all necessary precautions and implements appropriate technical and organisational security measures to permanently guarantee a level of protection adapted to the risks of infringement of your privacy and your personal data against alteration, destruction, violation and unauthorised access.
Personal data is stored on secure hosting servers located in France, whose level of security for the protection of personal data is that offered in the European Union and the European Economic Area.
Applicable law
These General Conditions of Use are subject to French law.
In the event of a dispute regarding the validity, interpretation or performance of the GCU, the Publisher and the Re-user agree to meet and attempt to find an amicable solution to their dispute within sixty (60) calendar days.
In the event of failure to find an amicable solution, any dispute relating to the interpretation, validity and/or performance of the GCU shall be submitted to the competent courts, including in the event of multiple defendants or third party proceedings, for procedures aimed at obtaining emergency or protective measures, in summary proceedings or on request.