Terms of Use

Publisher

OberTrade Sàrl

Calliopée Business Center

Rue de Chantepoulet 10

1201 Genève, Suisse

Contact: contact@vivamap.ch

Article 1 — Purpose and acceptance

1.1. These terms of use (the « Terms ») govern access to and use of the vivamap.ch website and all of its content, features, files and data (the « Service »), operated by OberTrade Sàrl (« VivaMap », « we »).

1.2. Accessing, consulting or otherwise using the Service constitutes full and unreserved acceptance of these Terms. If you do not accept these Terms, you must immediately cease all use of the Service.

1.3. The Terms apply to every user (« you »), whether acting in a private or professional capacity, and regardless of the means of access (browser, script, robot, automated agent, technical intermediary).

Article 2 — Definitions

• « Data » — all score values (ratings 0–10), rankings, ranks, deltas, aggregates and indicators produced by VivaMap, at every level of geographic detail, whether accessible in public consultation or reserved: the summary levels (national, cantonal, by agglomeration and by commune); the neighbourhood heatmap accessible in public consultation (a coloured visualisation at fine resolution, without rendering the exact numeric value at any given point); and the reserved levels of detail (the finest resolution and the exact score per address or per individual building, together with the associated view and sunlight analyses, made available solely as part of the reports or another paid service, or under a separate written agreement). The Data is published on the Service or contained in its files, in any format whatsoever (notably GeoJSON, PMTiles, raster tiles, binary centroid files, JSON, CSV).
• « Database » — the structured compilation of the Data, including its selection, normalisation, weighting and arrangement.
• « Methodology » — the models, formulas, weightings, choice of sources and computation processes, whether or not described on the Methodology page.
• « Content » — the editorial texts, descriptions, FAQs, articles, maps, visualisations, graphics, logos, icons, layouts and software of the Service.
• « Third-party data » — the upstream data used as inputs (see Article 7), subject to their original licences.
• « Substantial part » — any portion of the Database that, assessed quantitatively (volume of Data extracted) or qualitatively (value, effort of constitution, representativeness), is not negligible. The repeated and systematic extraction of insubstantial parts is treated as the extraction of a substantial part.

Article 3 — Licence granted

3.1. VivaMap grants you a personal, non-exclusive, non-transferable and revocable right to consult the Service and the Data for private information purposes, via a standard web browser and within the scope of normal human browsing.

3.2. This licence entails no transfer of ownership. All rights not expressly granted are reserved.

3.3. Any commercial use of the Data or the Database — including resale, redistribution, integration into a third-party product or service, programmatic access (API) — requires a separate prior written agreement with OberTrade Sàrl.

3.4. The licence under Article 3.1 covers public consultation of the Service (summary levels and neighbourhood heatmap). The reserved levels of detail — finest resolution, exact score per address or per building, and view and sunlight analyses — are not freely accessible: they are provided solely as part of a report or paid service, or under a written agreement, and remain subject to Articles 4 to 6.

Article 4 — Intellectual property

4.1. The Database, the Data (as a compilation), the Methodology and the Content are the exclusive property of OberTrade Sàrl and/or its licensors, and are protected in particular by the Swiss Federal Copyright Act (CopA), the Federal Act against Unfair Competition (UCA) and these Terms.

4.2. The structure, selection, normalisation and arrangement of the Database constitute a protected collection within the meaning of art. 4 CopA. The constitution of the Database represents a substantial investment of time, know-how and technical means.

4.3. The Third-party data (Article 7) remains subject to its respective licences; nothing in these Terms restricts the rights that those licences grant directly to the user in respect of the data concerned at its original source.

Article 5 — Prohibited uses (anti-extraction clause)

Without prejudice to OberTrade Sàrl's rights, you are prohibited, in the absence of prior written authorisation, from:

• 5.1. Automated extraction — accessing the Service or the Data by means of robots, crawlers, scrapers, spiders, scripts, automated agents or any other process of systematic extraction or harvesting, beyond normal human browsing and indexing by search engines in accordance with the robots.txt file.
• 5.2. Reuse of the Data — extracting, copying, downloading, storing, reproducing, republishing, transmitting or making available all or any part of the Data or the Database, whether a substantial or an insubstantial part, on any medium and by any means, outside the strictly private consultation authorised in article 3.1. In particular, any reuse for commercial purposes is prohibited. Extraction of a substantial part additionally engages copyright (art. 4 CopA) and the UCA; the repeated and systematic extraction and/or reuse of insubstantial parts is treated as that of a substantial part.
• 5.3. Circumvention of technical measures — circumventing, disabling or neutralising any technical protection, access-restriction or rate-limiting measure put in place by VivaMap (notably access restrictions on data files, limitations applicable to downloads, or any server protection).
• 5.4. Competing database — using the Data or the Database to build, feed, enrich or train, directly or indirectly, a competing or derivative database, dataset, index, product or service.
• 5.5. Training of models — using the Data for the training, fine-tuning or evaluation of machine-learning or artificial-intelligence models, for commercial purposes or to constitute a derivative dataset.
• 5.6. Resale and redistribution — selling, renting, sub-licensing, distributing or commercialising all or part of the Data or the Database.
• 5.7. Impairment of integrity — disrupting, overloading or hindering the operation of the Service, or attempting to access areas, files or systems not intended for public access.

Article 6 — Traceability and proof (watermarking)

6.1. The Database and the Data may contain traceability markers (statistical watermarks, controlled minute perturbations, singular records or other fingerprints) allowing the origin of a copy to be identified and unauthorised extraction or reuse to be proven.

6.2. You acknowledge that the presence of such markers in a third-party dataset constitutes an indication of the taking of the Data within the meaning of art. 5 let. c UCA, and accept that they may be relied upon as a means of proof.

Article 7 — Third-party data and sources

The Data is computed from public sources, including: swisstopo, FSO, FOEN, ARE, SFOE, FOCA, FTA/ESTV, opentransportdata.swiss, and © the OpenStreetMap contributors (data under the ODbL licence). This Third-party data remains subject to its original licences. The aggregated distributions expressly published by VivaMap under an open licence (where applicable, canton and agglomeration CSV files under CC BY-SA 4.0) are governed by the terms of that licence and not by the present restrictions; all other granularities of Data remain subject to Articles 3 to 6.

Article 8 — Consequences of a breach

8.1. Any breach of Articles 3 to 6 results in the immediate and automatic revocation of the licence under Article 3 and of the right to access the Service, without notice.

8.2. OberTrade Sàrl reserves the right to take any technical measure (access blocking, IP-address blocking) and to bring any appropriate legal action, notably for cessation, removal and compensation of damage, on the basis of the CopA, the UCA (art. 2, 5 and 9 et seq.) and these Terms, including reimbursement of investigation and proceedings costs to the extent permitted by law.

Article 9 — No warranty and limitation of liability

The Data is provided for guidance, « as is », without warranty of accuracy, completeness or fitness for a particular purpose. VivaMap accepts no liability for real-estate, financial or personal decisions made on the basis of the Data. Users are encouraged to verify the information with official sources before making any decision.

Article 10 — Amendment of the Terms

OberTrade Sàrl may amend these Terms at any time. The applicable version is the one in force at the time of access. It is your responsibility to consult them regularly.

Article 11 — Governing law and jurisdiction

11.1. These Terms are governed by Swiss law, to the exclusion of conflict-of-law rules and of the Vienna Convention on Contracts for the International Sale of Goods.

11.2. The exclusive place of jurisdiction is Geneva (Switzerland), subject to mandatory consumer-protection provisions that may apply in another State and prevail over this choice.