Terms of Use

Version: 1.0
Effective date: [effective date]

§ 1. General provisions

  1. These Terms of Use define the rules for using the Kielce City Data Portal, available at https://dane.kielce.eu/, including the rules for using services provided electronically through the Portal.
  2. The Portal is operated by the Municipality of Kielce – a city with county rights, acting through the Kielce City Hall, Rynek 1, 25-303 Kielce, Poland, Tax Identification Number (NIP) 657-261-73-25, National Business Registry Number (REGON) 291009343, hereinafter referred to as the “Administrator”.
  3. The Administrator may be contacted through the Portal contact form or by email at smartcity@kielce.eu.
  4. These Terms of Use are made available free of charge in a form that enables them to be obtained, reproduced and stored.
  5. These Terms of Use do not replace the conditions for the re-use of public sector information, licences assigned to individual datasets, or the Privacy Policy.

§ 2. Definitions

  1. Portal – the Kielce City Data Portal together with its public pages, catalogues, search engine, data download mechanisms, documentation and API services.
  2. User – a natural person, legal person or organisational unit using the Portal or its services.
  3. Dataset – a dataset described in the Portal together with its metadata and related means of accessing the data.
  4. Distribution – a method of making Dataset data available, in particular a downloadable file, access through an API, an OGC service, or a link to an external resource or service.
  5. API – a public programming interface enabling machine access to data or metadata, together with its version, documentation and access rules.
  6. API Client – a User or system accessing an API automatically.
  7. API Key – an individual authentication secret assigned to an API Client, required only for services for which such a method of access has been specified.
  8. Data – information made available through Datasets, Distributions or APIs.

§ 3. Types and scope of services

  1. The Administrator enables Users, in particular, to:
    • browse and search Datasets, Distributions, APIs and other public Portal content;
    • view metadata and information on data sources, update status, coverage and conditions of use;
    • download published files and other Distributions;
    • use public APIs and their documentation, including machine-readable OpenAPI documentation where available;
    • obtain an API Key for services for which key-based access is required;
    • use the contact form, including reporting data errors, API problems and other comments concerning the Portal.
  2. Use of publicly available Portal pages, the search engine, downloading Distributions and APIs that do not require an API Key does not require registration or creation of a user account.
  3. Use of publicly available Portal services is, as a rule, free of charge. Any fees related to a specific method of preparing or providing public sector information may arise only from applicable law and a separate procedure.
  4. Individual services may have additional technical parameters, limits, versions, access conditions or periods of availability indicated on the relevant service page or in its documentation.

§ 4. Technical requirements

  1. Access to the public pages of the Portal requires a device with Internet access and an up-to-date web browser supporting HTML, CSS, HTTPS and JavaScript.
  2. Disabling JavaScript may limit interactive functions such as dynamic filtering, maps, previews or auxiliary tools, but should not prevent access to basic information published in the Portal.
  3. Use of an API requires software capable of sending HTTP(S) requests and handling the data formats specified in the documentation of the particular API.
  4. The User is responsible for properly securing their own device, software and any API Keys in their possession.

§ 5. Commencement and termination of use of services

  1. Use of the Portal browsing, search, Distribution download or API services begins when the User performs the relevant action or sends a request to the Portal's information system.
  2. The User may stop using the services at any time, in particular by leaving the Portal, terminating a download or ceasing to send requests to an API.
  3. In the case of a service requiring an API Key, use of the service begins after the API Key has been issued and ends when it expires, is revoked, or the API Client stops using the service.
  4. Submission of the contact form means that a request or message has been sent to the Administrator for handling. The User may withdraw from further correspondence, subject to obligations arising from applicable law.

§ 6. Rules for using the Portal

  1. The User must use the Portal in accordance with the law and these Terms of Use.
  2. It is prohibited to provide unlawful content through the Portal, in particular through forms or other fields allowing Users to submit content.
  3. In particular, the following is prohibited:
    • attempting to obtain unauthorised access to systems, data or other Users' accounts;
    • circumventing security measures, access limits or API control mechanisms;
    • intentionally disrupting the operation of the Portal or generating traffic that may threaten its availability or security;
    • transmitting malware, spam or automated submissions unrelated to the intended purpose of a form;
    • using an API Key outside the scope of the granted access.
  4. Automated downloading and processing of Data is permitted and does not require the Administrator's prior consent, provided that it complies with these Terms of Use, the conditions for the re-use of Data and the technical access rules applicable to the service concerned.
  5. Where an API or another machine-oriented service is available for particular Data, automated access should preferably use that interface instead of retrieving HTML page content. Automated access must not disrupt the operation of the Portal or hinder its use by other Users.
  6. The Administrator may temporarily restrict access to a service, API Client, API Key or traffic source where necessary for security, incident response, protection of Portal availability or prevention of abuse. Any restriction should be proportionate to the identified issue.

§ 7. Re-use of Data

  1. Data may be re-used for commercial and non-commercial purposes in accordance with applicable law and the conditions specified for the relevant Dataset, Distribution or API.
  2. Information on the applicable licence or other conditions for re-use should be available in the metadata of the relevant Dataset or Distribution. Where specific conditions are indicated for particular Data, those conditions apply to that Data.
  3. These Terms of Use do not impose additional restrictions on the re-use of Data beyond those resulting from the relevant licence, information published with the Data and applicable law.
  4. The User should retain any required information concerning the source, authorship, time of creation or acquisition of the Data and any modifications made, where such an obligation arises from the applicable conditions for re-use or licence.
  5. Coats of arms, logos, official symbols, designations and other visual identity elements are not covered by the conditions for re-use of Data unless expressly stated otherwise.

§ 8. Rules for using APIs

  1. APIs are available without an API Key by default, unless the page of a particular service specifies an access policy requiring a key.
  2. The scope of endpoints, parameters, response formats, limits, version and usage examples are defined in the documentation of the particular API.
  3. If an API requires an API Key, the API Client must protect the key against unauthorised use and must not publish it in publicly accessible repositories, source code or other public locations.
  4. The Administrator may apply limits on the number of requests, the scope of returned Data or other technical parameters where necessary to ensure stability, security and fair access to the service.
  5. An API may be versioned. Information on deprecation, planned end of support for a version or a replacement version may be published on the API page, in its documentation or in HTTP response headers.
  6. An API version marked as deprecated, replaced or archived may remain available for a period determined by the Administrator. Such a designation does not imply an obligation to continue developing or updating that version.
  7. An API marked as external may lead to a service maintained by another entity. In such a case, the rules for using that service are defined by its operator.

§ 9. Data quality, currency and availability

  1. The Administrator strives to ensure the availability of the Portal and to publish Data that is as up to date, complete and properly described as reasonably possible.
  2. Information on the date of update, update frequency, data coverage, sources and technical status is presented in the Portal to the extent available for the relevant Dataset, Distribution or API.
  3. Data may originate from external systems or registers. As a result, there may be a delay between a change in the source and its publication in the Portal.
  4. Maps, charts, table previews, indicators, summaries and other visualisations presented in the Portal are for information and assistance purposes only. In the event of discrepancies, the relevant Data, its metadata and the indicated source should form the basis for further use.
  5. Data published in the Portal does not replace official documents, registers kept under specific legislation, administrative decisions or other legally binding sources, unless explicitly stated otherwise for particular Data.
  6. The Portal may make historical or archived versions of Datasets, Distributions or other Data available. Unless stated otherwise, the version marked as current is intended for current use, while historical versions are primarily provided for informational, comparative and analytical purposes.
  7. A Dataset, Distribution or API that is no longer updated may remain available in the Portal with an appropriate designation, in particular as archived, deprecated, no longer updated or replaced by another publication.
  8. The scope of liability relating to re-used public sector information is governed by applicable law and by the conditions for re-use assigned to the Data concerned.
  9. The Administrator may carry out maintenance, updates and technical changes that result in temporary unavailability of part or all of the Portal.

§ 10. External resources and services

  1. The Portal may contain links to external files, websites, APIs, maps, documentation and other resources maintained by third parties.
  2. The Administrator does not have full control over the availability, content or changes made to external services. Where this follows from the publication model, the external nature of a service should be indicated in the Portal.
  3. Use of an external resource may be subject to separate terms defined by its operator.

§ 11. Contact, reports and complaints

  1. Comments concerning the operation of the Portal, data errors, problems downloading Distributions or using APIs, as well as proposals for publishing new Datasets, may be submitted through the Portal contact form or by email at smartcity@kielce.eu.
  2. A complaint concerning a service provided electronically should, where possible, include a description of the problem, the address of the page or API concerned, the date on which the problem occurred and contact details enabling a response.
  3. The Administrator considers complaints without undue delay and provides a response using the contact details supplied by the User where such details are necessary to handle the complaint.
  4. A technical report or complaint submitted under these Terms of Use does not replace an application, complaint, petition or other formal submission made under procedures provided for by applicable law.

§ 12. Personal data and privacy

  1. The rules for processing personal data in connection with use of the Portal, the contact form, logs and services requiring identification of an API Client are set out in the Privacy Policy.
  2. Users should not provide through forms a broader scope of personal data than is necessary to handle the matter concerned.

§ 13. Digital accessibility

  1. Information on the digital accessibility of the Portal and the procedure for reporting accessibility issues is published in the Accessibility Statement.
  2. Accessibility issues may be reported using the contact details provided in the Accessibility Statement.

§ 14. Amendments to the Terms of Use

  1. These Terms of Use may be amended in particular in the event of changes in law, the scope of Portal services, the manner in which they are provided, security requirements or the technical architecture.
  2. The current version of the Terms of Use is published in the Portal together with its version number and effective date.
  3. Material changes concerning the use of APIs or API Keys may additionally be communicated on the pages of the relevant services or in their documentation.

§ 15. Final provisions

  1. Matters not regulated by these Terms of Use are governed by applicable law and, with regard to the re-use of Data, by the conditions or licences indicated for the particular Data.
  2. These Terms of Use take effect on [effective date].