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Terms of Service

Last updated: May 20, 2026 · Version 2026-05-20

1. Parties and Agreement

These Terms of Service ("Terms") constitute a binding contract between you ("you", "Customer") and the operator of NAPSPAN ("we", "us", "our"):

  • Roman Kotenko, sole proprietor (фізична особа-підприємець / private entrepreneur) registered in Ukraine.
  • Postal address: [address on file with our merchant of record; available on request via [email protected]]
  • Contact: [email protected]
  • EU representative pursuant to Article 27 GDPR: see Imprint / Legal Notice

By accessing or using the NAPSPAN API, website, developer portal, live map, documentation, or any related service (collectively, the "Service") you accept these Terms and our Privacy Policy, Cookie Policy, and Refund & Withdrawal Policy. If you do not accept them, do not use the Service.

2. Consumers and Business Users

The Service is offered to both businesses (acting in the course of their trade, business, craft, or profession) and consumers (any natural person acting outside of those purposes within the meaning of Article 2(1) of Directive 2011/83/EU). Where these Terms grant rights only to consumers, this is stated explicitly. Statutory consumer rights under the law of your country of habitual residence — including the 14-day right of withdrawal, statutory warranty rights, and the right to bring proceedings in your local courts — are not affected by these Terms and prevail over any conflicting clause.

3. Description of the Service

NAPSPAN provides a REST API that aggregates and normalizes publicly available traffic data from European National Access Points (NAPs) under the ITS Directive 2010/40/EU and Delegated Regulations (EU) 2022/670, 2024/490, and related public DATEX II feeds. The Service includes API access, documentation, a developer portal, a live map, related tools, and — on plans that include it — a truck-routing endpoint that returns an optimized truck-legal route enriched with NAPSPAN traffic, work-zone, and restriction data along the path.

4. Account Registration

To use the API you must create an account and obtain an API key. You agree to:

  • Provide accurate, current, and complete registration information
  • Keep your account credentials and API keys confidential and secure
  • Notify us without undue delay of any unauthorized use of your account
  • Accept responsibility for all activity carried out under your account
  • Be at least 16 years old (or the higher digital-consent age set by your country, e.g. 18 in some EU member states for contracting capacity)

5. Acceptable Use

You agree not to:

  • Share, publish, or redistribute your API keys
  • Exceed the rate limits or quotas of your subscription plan
  • Use the Service for any unlawful purpose or in violation of EU, national, or third-country law applicable to you
  • Attempt to reverse-engineer, decompile, or derive source code from the Service, except to the extent expressly permitted by Article 6 of Directive 2009/24/EC (Software Directive) on the legal protection of computer programs
  • Resell, sublicense, or redistribute raw API responses as a competing data service
  • Use automated means to scrape or bulk-download data beyond normal API usage
  • Interfere with, disrupt, or impose disproportionate load on the Service or its infrastructure
  • Misrepresent NAPSPAN data as your own original data source
  • Process personal data obtained from the Service in a manner that violates Regulation (EU) 2016/679 (GDPR) or Directive 2002/58/EC (ePrivacy)

6. Subscription Plans, Pricing, and Payment

The Service is offered under tiered subscription plans (Starter, Pro, Enterprise). Plan details — including price, rate limits, quotas, and feature inclusions — are listed on our website. All prices shown to consumers are inclusive of VAT where applicable; the total price payable is displayed at checkout before you commit to the contract, in accordance with Article 6(1)(e) of Directive 2011/83/EU.

  • Subscriptions are billed monthly or annually in advance, as you select at checkout
  • Payment is processed by Paddle.com Market Limited, our merchant of record (Ireland / United Kingdom), which handles checkout, billing, taxes (VAT, GST, sales tax), invoicing, and chargebacks. Paddle's terms apply in addition to ours: paddle.com/legal/checkout-buyer-terms
  • Failure to pay may result in suspension or termination of your account after a reasonable cure period

Changes to plan features and pricing. We may add new features, additional capacity, or expanded functionality to a plan — or otherwise enrich what a plan includes — at any time and without prior notice. Such improvements take effect immediately and require no action on your part. Where we intend to reduce or remove a feature or functionality from a plan, or increase the price for existing subscribers, we will give you at least 30 days' advance notice by email and by a notice on the website. Such a change takes effect at the start of your next renewal period and never applies retroactively or mid-period. If you do not wish to accept it, you may cancel your subscription before it takes effect; continued use of the Service after the effective date constitutes acceptance. Nothing in this clause limits the statutory remedies of consumers under Articles 11–14 of Directive (EU) 2019/770.

6A. Truck-Routing Feature

Where your subscription plan includes truck-routing, you may submit origin, destination, optional waypoints, and a truck profile (dimensions, weight, axle count, hazmat class) to the routing endpoint and receive an optimized truck-legal route enriched with NAPSPAN traffic, work-zone, and restriction data along the path.

  • Routing usage is metered against a monthly routing-call quota set by your plan variant. The quota resets at the start of each Paddle-billed monthly period.
  • Quotas are non-rollover: any routing calls unused at period end are forfeited and do not carry forward.
  • When your quota is exhausted, the routing endpoint returns HTTP 429 Too Many Requests with a JSON error body identifying the limit and the next reset time. Data endpoints (events, features, map, etc.) continue to serve normally up to your data-request quota.
  • You can purchase additional routing capacity via top-up packs (see Section 6B).
  • Truck routing is intended as a planning and decision-support tool. You must not rely on routed paths for safety-critical or life-safety decisions without independent verification by a qualified driver or dispatcher. Restriction data may be incomplete, stale, or out-of-date for your specific vehicle configuration. Nothing in this clause limits the statutory remedies of consumers under Articles 11–14 of Directive (EU) 2019/770.

6B. Top-Up Packs

Routing-call top-up packs are one-time purchases that grant additional routing calls on top of your monthly subscription quota.

  • Top-up calls are consumed only after the monthly subscription quota is fully used.
  • Top-up calls expire at the end of the subscription month in which they were purchased. They do not roll over into the next billing period and are not refundable for non-use, except as set out below.
  • Top-up purchases by business users are final and non-refundable. For consumers, the 14-day right of withdrawal in Section 7 applies to the customer's initial top-up purchase, subject to the same loss-of-withdrawal mechanics that apply to subscriptions (immediate-performance consent, proportionate compensation for the part of the service supplied). Subsequent top-up purchases by the same consumer do not trigger a new withdrawal window.
  • Top-up packs are not auto-renewed. Each purchase is a discrete transaction processed via Paddle.

6C. Auto-Saved Routes

For convenience, the routing endpoint will automatically persist the inputs and computed result of each routing request to your account for 30 minutes ("auto-save TTL"). During the TTL window, you may re-fetch the route and refresh its enrichment overlays (traffic, work-zones, restrictions) without consuming an additional routing call.

  • After the 30-minute TTL, an auto-saved route is automatically deleted and may no longer be re-fetched. You may explicitly persist a route to keep it longer; persistent routes are retained per the Privacy Policy.
  • NAPSPAN makes no warranty that enrichment overlays refetched on an auto-saved route remain current. Upstream traffic and restriction data evolves continuously; a refetched route, especially one near the end of the 30-minute TTL, may surface warnings that are stale relative to the underlying network state.
  • Subject to the consumer-rights save in Section 13, we accept no liability for decisions made on the basis of stale enrichment data on an auto-saved route past the moment of original computation. For time-sensitive routing, recompute the route.

7. Right of Withdrawal (Consumers Only)

If you are a consumer resident in the European Economic Area, you have the right to withdraw from this contract within 14 days from the date the contract is concluded, without giving any reason, pursuant to Article 9 of Directive 2011/83/EU.

To exercise the right of withdrawal you must inform us by an unequivocal statement (e.g. a letter sent by post or an email to [email protected]). You may use the model withdrawal form included in our Refund & Withdrawal Policy, but it is not mandatory.

Loss of withdrawal right for digital services that begin immediately. If you expressly request, when subscribing to a paid plan, that performance of the Service begin during the 14-day withdrawal period (i.e. that we provision your API key and start serving requests immediately), and you acknowledge that you will thereby lose your right of withdrawal once the Service has been fully performed, the right of withdrawal lapses pursuant to Article 16(m) of Directive 2011/83/EU. We will record this consent and acknowledgment at checkout and confirm it in your order confirmation email on a durable medium.

If you do not give that consent, we will not begin performance until the 14-day period has elapsed.

Conservative refund anchor. The 14-day right of withdrawal applies to the original first paid subscription. Plan upgrades, cadence changes, and variant changes do not reset this window. This anchor does not derogate from any wider statutory right that may apply under your country of habitual residence; where national law grants a longer or differently-anchored withdrawal right, that right prevails.

8. Free Trial

NAPSPAN offers a 14-day free trial with no payment information required. The trial provides full API access. The trial is not a contract for the supply of paid digital services and does not trigger or consume the consumer right of withdrawal — that right arises only upon the conclusion of a paid subscription.

9. Data and Attribution

Traffic and infrastructure data delivered through the Service is sourced from publicly available European, North-American, and federal data services. NAPSPAN normalizes and aggregates this data but does not own the underlying source data; rights remain with the original provider.

  • We do not guarantee the accuracy, completeness, currency, or fitness-for-purpose of the data
  • You must not rely on the data for safety-critical or life-safety decisions without independent verification
  • You are responsible for reviewing and complying with the licence, attribution, and usage requirements of each upstream data source. Notable upstream sources include European National Access Points (e.g. Mobilithek (DE), data.gouv.fr / transport.data.gouv.fr (FR), NDW (NL), DATA4PT, ITSWC feeds), the European Environment Agency, the European Alternative Fuels Observatory, OpenStreetMap contributors (ODbL), and — for the sibling road511 deployment — North-American 511 systems and US/Canadian federal datasets. Each provider's terms of use apply to your downstream use of the data.
  • Where an upstream provider requires visible attribution (e.g. OpenStreetMap's ODbL requires "© OpenStreetMap contributors"), you must reproduce it on customer-facing surfaces that display the relevant data

10. Service Availability

The Service is provided on a best-effort basis. We do not offer a Service Level Agreement (SLA) or contractual uptime guarantee on the Starter or Pro plans, and no specific uptime percentage is committed. We operate the platform with commercially reasonable diligence (circuit breakers, monitoring, heartbeats, alerting) and publish a live status page at napspan.com/status. The Service may be temporarily unavailable due to:

  • Scheduled maintenance (with reasonable advance notice when possible)
  • Upstream data-source outages beyond our control
  • Force majeure events
  • Infrastructure failures

Enterprise customers may negotiate a written SLA with defined uptime targets, response times, and service credits.

Routing endpoint — no 100% uptime SLA. The truck-routing endpoint relies on a third-party upstream routing provider for path computation. We do not commit to 100% uptime on this endpoint, and we may return HTTP 502 routing_unavailable during upstream outages, throttling events, or contractual maintenance windows on the upstream side. A routing-endpoint outage caused by an upstream provider is not a material service failure of NAPSPAN for the purposes of any refund, credit, or termination right under these Terms, and does not trigger any non-routing SLA that may be in force.

Nothing in this clause limits the statutory remedies of consumers for non-conformity of digital services under Articles 11–14 of Directive (EU) 2019/770.

11. Intellectual Property

The Service — including its API design, source code, documentation, brand, and the normalization layer applied to upstream data — is the intellectual property of Roman Kotenko. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with your subscription plan. No rights are granted by implication or estoppel.

12. Liability

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with the Service shall not exceed the amount you actually paid us in the twelve (12) months immediately preceding the event giving rise to the claim.

To the maximum extent permitted by applicable law, we exclude liability for indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, business interruption, or loss of opportunity.

The above exclusions and limitations do not apply to:

  • Liability for death or personal injury caused by our negligence
  • Liability for fraud or fraudulent misrepresentation
  • Liability for intent or gross negligence
  • Liability under product-liability law (Directive 85/374/EEC, as amended)
  • Statutory liability that cannot lawfully be limited or excluded under the consumer's law of habitual residence

13. Disclaimer of Warranties

For business users, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, to the maximum extent permitted by law.

For consumers, statutory warranty rights for digital services under Articles 11–14 of Directive (EU) 2019/770 (and the national law transposing it) apply in full and are not waived or limited by this clause.

14. Termination

You may cancel your subscription at any time through the Developer Portal; cancellation takes effect at the end of the current billing period.

We may suspend or terminate your access for material breach of these Terms, non-payment after a reasonable cure period, or where required by law. Upon termination:

  • Your API keys will be revoked at the end of the period for which you have paid (or immediately, in cases of serious breach)
  • You must cease all use of the Service
  • Sections 11 (IP), 12 (Liability), 15 (Governing law), and any clauses by their nature intended to survive termination will continue to apply

15. Governing Law and Jurisdiction

For business users: these Terms are governed by the laws of Ukraine, without regard to its conflict-of-laws rules. The competent courts of the operator's place of business shall have exclusive jurisdiction.

For consumers: the choice of Ukrainian law above shall not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence within the EEA, in accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I). You may bring proceedings against us in the courts of your country of habitual residence, and we may bring proceedings against you only in those courts, in accordance with Articles 17–19 of Regulation (EU) No 1215/2012 (Brussels I recast).

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

16. Dispute Resolution

If you have a complaint, please contact us first at [email protected]; we aim to respond within 14 days. We are not currently committed to, and not obliged to, participate in any consumer alternative dispute resolution (ADR) scheme. The EU Online Dispute Resolution platform was repealed effective 20 July 2025 and is therefore no longer available.

17. Changes to these Terms

We may modify these Terms from time to time. Material changes will be communicated by email and by a notice on the website at least 30 days before they take effect. If you do not agree to a material change, you may cancel your subscription before it takes effect; continued use of the Service after the effective date constitutes acceptance.

18. Severability and Assignment

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full effect; the invalid clause will be replaced by a valid clause that comes closest to the original economic purpose. You may not assign these Terms without our written consent; we may assign them to a successor in connection with a merger, acquisition, or transfer of substantially all assets, provided the successor is bound by no less protective terms.

19. Contact

For questions about these Terms, the operator's identity, or our EU representative, see the Imprint / Legal Notice or write to [email protected].

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