Terms

Draft: for attorney review. Not in force yet.

Last updated: [date]

These terms cover your use of cuantomap.com (the "site"). The site is run by [OWNER: Ben [surname] as an individual / BDSP Ventures LLC / a new LLC] ("Cuantomap," "we," "us"). By using the site, you agree to these terms. If you do not agree, do not use the site.

1. What Cuantomap is

Cuantomap lists the prices businesses post for their own menu items, services and activities. We collect them from each business's own website, from the ordering or booking page the business uses, from photos of menu boards taken in person, and from reports by visitors and businesses. Our How we collect prices page explains how.

Cuantomap is free. We do not sell anything listed on the site. We do not take orders, bookings or payments. We are not connected to, endorsed by or paid by the businesses we list, unless a page says so.

2. Prices can be wrong

Prices change, and we make mistakes. Some prices are read by automated tools, which can misread a menu. Each price shows where we found it and the date we last saw it there.

Always confirm the price with the business before you buy. The business's own price is the one that counts. We do not promise that any price or other information on the site is accurate, complete or current.

3. Using the site

You may use the site for your own personal, non-commercial use. You may link to any page and share it. You may quote a few prices if you link back to the page they came from.

You may not:

• copy the site's data in bulk, or sell or license it, without our written permission;
• use a bot or other automated tool on the site unless it follows our robots.txt, says who it is, and keeps to a reasonable pace;
• get around any limit, block or security measure on the site;
• send false reports, false business claims or spam;
• pretend to be someone else, or to act for a business when you do not;
• use the site to break the law or to harm anyone.

4. What you send us

You can report a wrong price, tell us a business has closed, or suggest a missing place. When you send us anything, you:

• confirm it is true to the best of your knowledge, and that you have the right to send it;
• give us a free, permanent, worldwide license to use, change, publish and share it, on the site and elsewhere; and
• agree that we do not have to use it, pay for it or credit you.

We may edit, decline or remove anything you send. We do not publish your name or email address.

5. Businesses

If you own or manage a business listed on the site, you can claim its page to correct prices and details. You must be authorized to act for the business. We verify claims before we make changes. Claiming a page is free. It does not let you change how we order results or how we show other businesses. Our Corrections and removals policy explains how claims, corrections and removals work.

6. Ads and paid listings

The site has no ads or paid listings today. If we add them, they will be clearly labeled. No one can pay to change the order of prices.

7. Who owns what

We own the site's design, its software, the text we write, and the Cuantomap name and logo. Prices, hours and other facts are not owned by anyone, and we do not claim to own them. [Counsel: whether to claim rights in our selection and arrangement of the data.]

Business names, logos and trademarks belong to their owners. We use business names only to identify the business.

The business list comes from Overture Maps Foundation and its data sources. Neighborhood data includes OpenStreetMap data. See Data sources for credits and licenses.

8. Copyright complaints

We do not copy photos, logos or menu descriptions. If you believe material on the site infringes your copyright, send a notice to our designated agent:

[Agent name] [Street address] [Phone] [Email, for example legal@cuantomap.com]

Your notice must include:

1. your physical or electronic signature;
2. the copyrighted work you believe is infringed;
3. the material you want removed, and where it is on the site (the URL);
4. your name, address, phone number and email address;
5. a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; and
6. a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act for the copyright owner.

If we remove something you sent us, you may send a counter-notice as the law allows. We will end access for repeat infringers in appropriate cases.

9. Other websites

We link to business websites and to their ordering or booking pages. We do not control those sites and are not responsible for them. Their own terms and policies apply when you use them.

10. No warranties

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11. Limit on our liability

TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR SAVINGS, THAT ARISE FROM YOUR USE OF THE SITE OR YOUR RELIANCE ON ANY PRICE OR OTHER INFORMATION ON IT. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SITE IS LIMITED TO [US$100].

Some places do not allow some of these limits. Where that is the case, the limits apply only as far as the law allows.

12. Your responsibility

If you break these terms, or send us something unlawful, you agree to cover our reasonable costs, including legal fees, from any claim that results.

13. Law and disputes

Florida law governs these terms, without regard to its conflict-of-law rules. Any dispute about the site or these terms will be decided in the state or federal courts in Miami-Dade County, Florida, and you and we agree to their jurisdiction. [Counsel: add arbitration and a class-action waiver, or keep courts?]

14. Changes and other terms

We may change these terms. We will post the new version here with a new date. If you keep using the site after a change, the new terms apply.

We may change or stop any part of the site at any time.

If any part of these terms is found unenforceable, the rest stays in effect. If we do not enforce a term, we have not waived it. These terms are the whole agreement between you and us about the site.

If we publish these terms in Spanish or another language, the English version controls.

15. Contact

hello@cuantomap.com [not yet set up] [Postal address]

Drafting notes for counsel (remove before publishing)

• Owner entity is open (brief, question 4). Use the same entity in the privacy policy and the contractor agreement.
• Section 3: the bot rule mirrors what CuantomapBot itself does. Is it wise to restrict others more than that, given our own reliance on public pages (brief, question 1)?
• Section 4: the license from visitors may matter for Section 230 and for any later sale of the site.
• Section 8 is needed only if we publish material that users send us. Register the agent with the Copyright Office before relying on it.
• Sections 11 and 12: are a liability cap and an indemnity enforceable against consumers on a free site, in Florida and elsewhere?
• Age: the site is for a general audience and not directed to children under 13. Add an age line for the forms if you think it helps.
• /corrections/ is a new page. It needs adding to the site's list of static pages.