Terms of Service

These Terms of Service ("Terms") govern your access to and use of poi-data.com, the xMap POI Data API, MCP (Model Context Protocol) server, dashboards, and related services (collectively, the "Service"), provided by xMap Inc. ("xMap", "we", "us"), doing business as xmap.ai. By creating an account, using an API key, or connecting an AI agent to the Service, you ("Customer") agree to be bound by these Terms. If you don't agree, don't use the Service.

1. The Service

The Service provides programmatic access to a database of U.S. Points of Interest ("POI Data") via a REST API and an MCP endpoint. Access is metered in credits per the pricing published at poi-data.com/#pricing.

2. Accounts

You must provide accurate information when creating an account and keep your credentials and API keys confidential. You are responsible for all activity under your account. You must be at least 13 years old (or the minimum age required in your jurisdiction).

3. License to use POI Data

Subject to these Terms and ongoing payment, we grant Customer a limited, non-exclusive, non-transferable, revocable license to:

• Query the Service using Customer's API key.
• Use POI Data returned by the Service internally within Customer's own applications, analytics, products, and business operations.
• Display POI Data to Customer's end users as part of a value-added application or interface (e.g. a map, dashboard, or AI agent response) where POI Data is one component of a larger offering.

This license ends immediately if Customer's subscription ends or these Terms are terminated.

4. Restrictions — what you may not do

Customer may not, and may not permit any third party to:

4.1 Redistribution & resale

• Resell, sublicense, rent, lease, or otherwise distribute POI Data as a standalone product or substantially-unchanged dataset.
• Publish POI Data in bulk (CSV, JSON, database dumps, screenshots, etc.) on any public, semi-public, or customer-accessible channel.
• Transfer POI Data to any third party except Customer's end users viewing it inside Customer's own application as permitted by §3.

4.2 Dataset reconstruction

• Use the Service to reconstruct, recreate, or approximate a competing POI dataset, whether for internal use, resale, or open-sourcing.
• Systematically cache, download, or enumerate the full dataset or any material portion of it (see §4.5 for caching limits).

4.3 AI/ML training

• Use POI Data as training data, fine-tuning data, or embedding source for any machine learning model intended to predict, reproduce, or substitute for POI Data.
• Use POI Data to train any generative AI model that will output POI Data back to users (whether Customer's users, end users, or the public).

Using POI Data as context at inference time (retrieval-augmented generation, tool-use by an AI agent, etc.) is permitted and is the intended MCP use case.

4.4 Gaming the Service

• Create multiple accounts to circumvent quotas, free-tier limits, or rate limits.
• Share API keys across organizations or with third parties.
• Bypass, reverse engineer, probe, or attempt to disable any security, rate-limit, billing, or metering mechanism.

4.5 Caching

Customer may cache POI Data returned for a specific query for up to thirty (30) days to improve Customer's application performance. Customer must:

• Re-query the Service at least every 30 days for any record Customer continues to display.
• Delete cached POI Data within 30 days of subscription end or termination.
• Not use the cache to build a persistent derivative dataset.

5. Acceptable use — AI agents & MCP

Customer is solely responsible for every call made using Customer's API key, including calls made by:

• Automated scripts, pipelines, and scheduled jobs.
• AI agents, chat assistants, and MCP clients (Claude, Cursor, custom agents, etc.).
• Any third party Customer shares the key with (whether intentionally or through key leakage).

This includes credit consumption by runaway AI agents. If an AI agent using Customer's key loops, retries excessively, or otherwise burns credits rapidly, Customer is responsible for the resulting charges unless Customer can demonstrate a Service-side bug caused the behavior.

Customer must keep API keys confidential and rotate them promptly if compromised.

6. Plans, fees, and free tier

The Service offers a free tier with usage limits and paid plans. We may change pricing, limits, or features at any time with reasonable notice. Fees are non-refundable except where required by law.

7. Suspension and termination

We may suspend or terminate your access at any time, with or without notice, for any reason, including suspected violation of these Terms, non-payment, or risk to the Service. You may stop using the Service at any time.

8. Disclaimers

THE SERVICE AND POI DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XMAP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $50.

10. Indemnification

You agree to indemnify and hold harmless xMap and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service or violation of these Terms.

11. Changes to the Service and Terms

We may modify the Service or these Terms at any time. Continued use after changes constitutes acceptance. If changes are material, we will provide reasonable notice.

12. Governing law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. Disputes will be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

13. Contact

xMap Inc. — legal@xmap.ai
Website: xmap.ai