Terms of Use

Digitize the Planet e. V.
Kreuzbergstraße 30 · 10965 Berlin
fon         +49 (0) 1511/ 542 042 3
mail       mail@digitizetheplanet.org

Legally represented by the Executive Committee:

1. Mathias Behrens-Egge (1. Vorsitzender)
2. Dr. Neele Larondelle (2. Vorsitzende)
3. Tilman Sobek (Kassenführer)
4. Prof. Dr. Manuel Steinbauer
5. Simon Bergmann

Registered in the register of associations

• Registry court        Amtsgericht Charlottenburg
  Registration Number       VR 38160 B

Editorially responsible:

• Mathias Behrens-Egge
  Digitize the Planet e. V.
  Kreuzbergstraße 30 · 10965 Berlin

Convenient Translation.
Only the German version is legally binding.

[Preambel]

I. Statutory Mandate

Digitize the Planet (hereinafter: DtP) pursues the statutory purpose of promoting nature conservation, in particular through the digitalisation of nature conservation information, statutory rules on the use of nature, local rules and safety information, the establishment of a network and lobbying to raise awareness of the need for digital visitor guidance, the provision of the data as freely accessible open data, and its dissemination on outdoor platforms with the aim of making nature conservation information accessible to users, as well as the active support of digital visitor guidance in tourism destinations and protected areas through the integration of statutory rules (e.g. entry prohibitions, path requirements, temporary closures, etc.) and local rules into websites, apps, navigation systems and digital assistants.

In order to promote its statutory purpose as effectively as possible, DtP, in accordance with Sections 1(1), 4(1) and Section 10 DNG (=Datennutzungsgesetz) and following the principle of „open by design and by default“, intermediates and curates prepared data free of charge for any commercial and non-commercial use.

Further details are governed by the following Terms of Use.

II. Offer and Services

1. DtP is a registered non-profit association (=eingetragener gemeinnütziger Verein).
2. DtP operates via https://digitizetheplanet.org and https://platform.digitizetheplanet.org
   
   1. for data sharing, an API and a graphical presentation of curated and processed data provided in relation to protected areas, and
   2. for data acquisition, an input platform through which data on protected areas can be made available by data holders for publication.
3. The platform is publicly accessible and free of charge; no usage, registration or other fees are charged.
4. With regard to data sharing, the platform is directed at anyone (hereinafter: data user). With regard to data acquisition, the platform is directed exclusively at federal and state authorities, legal persons under public law, as well as other state bodies, holders of public authority and companies (hereinafter: data holders).
5. DtP acts as a data intermediary and does not undertake any verification, monitoring or updating obligations; DtP in principle intermediates the acquired data in a structured, curated and/or processed form, without exercising any influence over the content. Data holders remain responsible for the content and quality of the data.

[Provision of Data]

III. Provision of Data: Registration and Use

1. The creation of a user account is required in order to provide data via the data acquisition platform. Upon registration, data holders or their representatives undertake to enter their master and login data correctly, in particular first name, surname, the organization’s master data, email address and password, and to notify DtP of any changes without undue delay.
2. The user account is non-transferable. Organization administrators have the option of creating further user accounts for their staff.
3. The data holder is obliged to keep their login data confidential. They bear responsibility for any use of the input platform. If the data holder becomes aware, or has reason to suspect, that their login data have become known to unauthorized third parties, they must inform DtP without delay. In addition, the data holder is obliged to take appropriate protective measures immediately, in particular to change their password.
4. Data holders are not subject to the instructions of DtP and are not supervised by DtP.
   
   1. change the registration procedure, user names and/or passwords, if this is necessary for technical reasons, for maintenance purposes, to ensure system security, to comply with statutory requirements or for other legal or factual reasons;
   2. temporarily block and/or adjust the user account, if this is necessary for technical reasons, for maintenance purposes, to ensure system security, to comply with statutory requirements or for other legal or factual reasons;
   3. permanently block user accounts and refuse renewed access where there are objective grounds for doing so, in particular in the event of breaches of these Terms of Use or misuse.

   The data holder will be informed by email in each individual case.

IV. Granting of Rights of Use / CC0 Release

1. Via the acquisition platform, data holders may in particular provide data in the following categories: descriptions, images, geodata, legal texts, protection purposes and rules.
2. In order to further the statutory purpose, the data holder releases the data provided via the input platform under the terms of the Creative Commons CC0 1.0 Universal Public Domain Dedication, available at http://creativecommons.org/publicdomain/zero/1.0 (hereinafter: CC0), unless a different licence is chosen via the input platform.
3. In accordance with the principle prohibiting exclusivity agreements under Section 6(1) DNG, and with a view to achieving the best possible balance of interests, data holders otherwise remain unrestricted in the use and exploitation of all content, provided that this does not impair or frustrate the terms of the CC0 release or of the respective licence granted.
4. Please note that, in respect of data uploaded via the input platform, not only DtP but also third parties are irrevocably granted the right to use such data in accordance with the CC0 release or the respective licence chosen.
5. An overview of all licence and release provisions currently in use is available at https://content.digitizetheplanet.org/api/v2/licenses.

V. Warranty of Ownership of Rights / Indemnification

1. The data holder warrants that they have unrestricted power of disposal over the rights of use within the scope of the CC0 release or the respective licence chosen, that they have made no conflicting dispositions with regard to these rights, and that no copyright, related (neighbouring) rights, trademark rights or any other intellectual property rights of third parties preclude use in accordance with this agreement.
2. The data holder shall indemnify DtP against any and all claims by third parties arising from an infringement of copyright, trademark or other intellectual property rights, and undertakes to reimburse DtP for all appropriate and necessary costs incurred in this connection, including the corresponding costs of legal prosecution and defence.
3. The parties undertake to notify each other without undue delay in text form if claims for infringement of intellectual property rights are asserted against them.

VI. Input Platform: Term of the Contract

1. The usage agreement concerning the input platform is concluded for an indefinite term and may be terminated by either party by notice in text form.
2. Both parties are entitled at any time to cease the use or provision of the input platform and/or to close the user account.

[Data Retrieval]

VII. Data retrieval: Use of the platform

1. No registration is required to retrieve data via the platform.
2. Use of the API is subject to a so-called „Fair Use Policy“: DtP is entitled to temporarily restrict or block access to the API, in particular where
   
   1. automated mass requests are made that are evidently not directed at the intended use of the data (e.g. scraping of the database),
   2. the stability or availability of the platform for other data users is impaired by the nature or volume of the requests, or
   3. the API is used in a manner that breaches these Terms of Use or applicable law.

   DtP does not currently impose any predefined limit on the maximum number of accesses. However, DtP reserves the right to introduce specific usage limits in the future (such as a maximum number of requests per unit of time).

3. The platform is continuously being developed further. DtP does not guarantee that the platform will be accessible at all times without interruptions or outages, and it reserves the right to modify the services offered, to offer different services, or to discontinue them entirely. DtP is entitled to make procedural and technical changes and/or improvements to the website and/or the service without prior notice.
4. The permanent availability of the server is not guaranteed. In particular, DtP is entitled to temporarily block and/or adapt the platform, especially where this is necessary for technical reasons, for maintenance purposes, to ensure system security, to comply with statutory requirements, or for other legal or factual reasons.

VIII. Data Use / Licences

1. Via the platform, data users may retrieve, in particular, data in the categories of descriptions, images, geodata, legal texts, protection purposes and rules.
2. In detail, the respective licence terms shown via the platform or the API shall apply. If no divergent licence is issued on the platform or in the payload, the release of the data intermediated via the platform shall take place within the meaning of the CC0 conditions.
   
   

   An overview of all licence and release provisions currently in use is available at https://content.digitizetheplanet.org/api/v2/licenses.

3. If a licence divergent from the CC0 release applies to certain data, the respective data holder shall be responsible for compliance with, and the proper labelling of, that licence.
4. The data intermediated and provided in each case serve exclusively for general orientation and information within the scope of the data intermediation concerned. Only the respective applicable legal texts in their officially published version are legally binding. The data accessible via the platform, in particular that relating to regulatory content, produce no legal effect and are not to be understood as legally binding information or legal advice.
5. Data users are themselves responsible for compliance with the respective applicable protected-area regulations and all other relevant legal provisions. It is incumbent upon them to inform themselves independently about the legal requirements relevant to them and to ensure compliance therewith. The platform does not constitute legal advice within the meaning of the „Legal Services Act“ (=Rechtsdienstleistungsgesetz – RDG) and does not replace such advice.

[Miscellaneous]

IX. Data Protection

DtP processes personal data under its own responsibility within the meaning of Art. 4(7) GDPR. Reference is made to DtP’s privacy policy, available at https://digitizetheplanet.org/datenschutz.

X. Limitation of Liability

1. DtP shall in principle be liable
   
   1. for damages arising from the breach of essential contractual obligations (e.g. cardinal obligations), that is, obligations whose fulfilment is necessary to achieve the purpose of the contract, where such damages are based on a negligent breach of duty by DtP, a legal representative or a vicarious agent, in which case liability shall be limited in amount to the damages foreseeable at the time of conclusion of the contract and typical for such contracts;
   2. for damages arising from injury to life, body or health that are based on an intentional or negligent breach of duty by DtP, a legal representative or a vicarious agent; as well as
   3. for other damages that are based on an intentional or grossly negligent breach of duty by DtP, a legal representative or a vicarious agent.
2. In all other respects, the liability of DtP is excluded.
3. If DtP acts as a data intermediation service provider, there is furthermore a statutory limitation of liability for the data intermediated on behalf of a user, provided that DtP
   
   1. does not have actual knowledge of any unlawful activity or unlawful content and, as regards claims for damages, is not aware of any facts or circumstances from which the unlawful activity or unlawful content is apparent; or
   2. acts expeditiously to disable access to or to remove the unlawful content as soon as it obtains such knowledge or awareness.

XI. Reservation of the Right to Amend

1. DtP reserves the right to amend these Terms of Use. This applies in particular where such an amendment is necessary for compelling reasons and is reasonable for both parties. A compelling reason exists in particular in the case of new technical developments, changes in the legal situation or case law, court or official obligations, amendments that are merely neutral or advantageous for users, and other comparable reasons.
2. In the event of an amendment to these Terms of Use, DtP will inform data holders by email. If consent is required, DtP will request the data holder’s consent. If, in the case of an amendment requiring consent that results only in an insignificant shift in the balance between performance and consideration in favour of DtP, the data holder does not actively grant consent within four weeks of notification, such consent shall be deemed granted upon expiry of that period. In all other respects, the announcement of the amendment shall be made publicly on the Platform.

XII. Final Provisions

1. These Terms of Use, and all claims, rights and obligations arising therefrom, shall be governed by the laws of the Federal Republic of Germany, to the exclusion of its conflict-of-law rules.
2. In the event that no differing exclusive place of jurisdiction exists and
   
   1. one of the contracting parties has no general place of jurisdiction within Germany, or
   2. the party to be sued relocates their domicile or habitual residence outside the scope of German Law after conclusion of the contract, or their domicile or habitual residence is unknown at the time the action is brought,

   the parties agree that the exclusive place of jurisdiction shall be the registered office of DtP, namely Berlin.

3. If the contracting party is not a consumer, and provisions of these Terms of Use are or become invalid, or gaps in the provisions exist, this shall not affect the validity of the remaining Terms of Use. In such a case, the parties undertake to reach an agreement that comes closest to their original intention.

Stand: 30.06.2026