Terms of Use

Review the terms which apply when visiting TomTom webpages and using TomTom's online stores.

These Terms of Use become effective and outline your rights, obligations, and restrictions when you (i) use and/or access the TomTom Website, Products and/or Services; and/or (ii) create and/or access your Account (“Terms of Use”).

You are fully responsible for the compliance of these Terms of Use and the Acceptable Use Policy and you assume total responsibility for your use of TomTom Website, Products and/or Services and the TomTom Content. TomTom may change or add terms to these Terms and Conditions at any time without notice to you. You can find the most recent version on the TomTom Website, please check it regularly. If you do not agree to these Terms of Use (as updated from time to time), please stop using the TomTom Website, Products and/or Services.

Additional terms might apply to the use, access and/or purchase of some Services offered on TomTom Website, including but not limited to the TomTom Developer Portal. You may be required to explicitly accept such additional terms when purchasing or using our Services. If there are any inconsistencies between these Terms of Use and the additional terms, the latter will supersede.

The list of definitions used in these Terms of Use can be found at the [beginning/end of] this document.

2.1. You may be required to create an Account to:

i. Order Products and/or Services via the TomTom Website or via a Reseller;

ii. Access and use the TomTom Website, Products and/or Services (whether obtained directly via TomTom or via a Reseller) and/or TomTom Content;

iii. Upload and download your User Content.

iv. Manage your Account and/or subscriptions.

2.2. By creating an Account, you (i) confirm that you created the Account on your behalf and you are at least eighteen (18) years old; (ii) agree that TomTom may communicate with you by electronic means about your use of TomTom Website, Products and/or Services; and that (iii) your User Content may be shared with us.

2.3. You are responsible and liable for any activity that occurs on or via your Account. This includes managing your username and any actions taken under it. TomTom is not responsible for any loss that results from the unauthorized use of your Account, with or without your knowledge. Please notify TomTom immediately if you suspect unauthorized access or usage (including security breaches) of your Account at TomTom Support.

3.1. TomTom grants you a license to use and/or access the TomTom Website, Services and TomTom Content according to these Terms of Use. This license is non-exclusive and non-transferable. It does not entitle you to future upgrades, updates, or support unless explicitly stated by TomTom as part of your Product and/or Service. If you do receive upgrades or updates, their use will be governed by these Terms of Use and may involve additional fees, which you will be informed of in advance.

3.2. TomTom reserves the right, with or without notice, to limit, alter, update, upgrade and supplement the TomTom Website, Products and/or Services provided or made available to you (either obtained directly via TomTom or via a Reseller), unless the provision of such updates, upgrades or supplements forms an integral part of the Products and/or Services as indicated by TomTom at the time of sale.

3.3. Please note the following regarding the TomTom Maps in our Services:

a) To the extent the Services include TomTom Maps with coverage for China or South Korea, such TomTom Map may not be exported from China or South Korea respectively.

b) To the extent data sourced from a third-party includes additional restrictions, these restrictions shall be notified by TomTom to you and such additional terms shall apply to the use of such data.

3.4. Services may utilize ODbL Data. To the extent this is the case, the following shall apply:

3.4.1. Such use shall be identified in the documentation relating to such Services or otherwise be communicated to you upon your request;

3.4.2. Upon request, TomTom shall deliver to you within a reasonable period all such ODbL Data or direct you to a location where such ODbL Data is available. To the extent provided, TomTom may charge to you its reasonable production costs for delivering a physical distribution. For the avoidance of doubt, all such ODbL Data delivered shall continue to be licensed under the ODbL; and

3.4.3. No restrictions under these Terms of Use apply to such ODbL Data other than those restrictions and obligations as included in the ODbL itself.

3.4.4. The ODbL Data is provided on an “as is” and “with all faults basis” and TomTom expressly disclaims all other warranties, express or implied, including, but not limited to, the implied warranties of non-infringement, merchantability, satisfactory quality, accuracy, title and fitness for a particular purpose.

4.1. The Products and/or Services may include Third-Party Materials. The use of Third-Party Materials included in the Products and/or Services may be subject to other (third-party) terms and conditions. The official copyright notices and specific license conditions of these Third-Party Materials are to be found in or via our website https://www.tomtom.com/legal/.

4.2. You hereby agree that the purchase of any Products and/or Services implies that you have read and accepted the terms and conditions for any Third-Party Materials included in a Product and/or Service ordered, if any.

4.3. TomTom reserves the right to change or discontinue the Third-Party Materials at any time without any liability to you.

4.4. You agree to assume all risk and liability arising from your use of these Third-Party Materials. TomTom is not responsible for Third-Party Materials and the content of any third-party websites, services or functionalities, any links contained in third-party websites or services, or any changes or updates to third-party websites or services.

5.1. The use and access to the TomTom Website, Products and/or Services is subject to the Acceptable Use Policy.

5.2. TomTom may release the Products and/or Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work. YOU UNDERSTAND AND AGREE THAT THESE SERVICES ARE PROVIDED “AS IS” AND WITH NO LIABILITY FROM TOMTOM TO YOU. If you participate in an evaluation and/or testing of a preview or beta version of Products and/or Services, you agree to the following additional Pre-Release Terms.

5.3. The TomTom Website and certain Services may be offered at no cost. However, specific features may incur third party rates and fees (i.e. mobile devices data or Bluetooth connectivity), which are not covered by TomTom. Users are solely responsible for understanding and deciding whether to accept these third-party charges or to discontinue use of the Services.

6.1. The TomTom Website, Products and/or Services may contain User Content and may allow you to upload and contribute with your own User Content. TOMTOM DOES NOT ENDORSE ANY USER CONTENT AND DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF SUCH USER CONTENT.

6.2. If you make use of a feature that allows you to upload or access User Content as per Section 6.1, TomTom grants you permission to upload, use and modify your User Content in accordance with these Terms of Use:

6.2.1. Warrant that you are the owner or that you have permission from the rightful owner of all intellectual property rights associated with the User Content that you upload.

6.2.2. Retain all rights to your User Content, however, you provide the license as set out in Section 8.2 to TomTom. The rights you grant are not affected by the deletion of your Account. If permitted by applicable law, you also waive any moral rights concerning your User Content, including the right to be recognized as the author.

6.2.3. Agree that TomTom has the right to remove any of your User Content from the TomTom Websites Products and/or Services without prior notice to you if, in TomTom’s sole opinion, your User Content does not comply with these Terms of Use.

6.2.4. Agree that TomTom may retain your User Content, collect and process information about your use of the TomTom Website, Products and/or Services. In addition, TomTom may analyze your User Content to improve its offerings, subject to any required consent.

6.2.5. Agree that you are solely responsible for your User Content and securing and backing it up.

6.3. You grant TomTom and its Affiliates a non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable, fully paid, and worldwide license to use, store, share, copy, reproduce, publish, modify, distribute and otherwise make available to other third parties your User Content. This license is applicable in connection with our Products and/or Services and may be utilized in combination with other User Content, TomTom Content or materials, using any methods or technologies, whether known now or developed in the future. TomTom may use your User Content, anywhere in the world, without obligation for compensation, and free of moral rights, intellectual property rights and/or other proprietary rights in or to your User Content.

6.4. To the fullest extent permitted by law, TomTom shall notify you of any third-party claims alleging infringement of their Intellectual Property or privacy rights concerning your User Content. In the event that TomTom receives such a claim or has reason to suspect that your User Content infringes upon any third-party (Intellectual Property) rights, TomTom reserves the right, at its sole discretion and without any liability to you, to disable access to or remove your User Content from the relevant TomTom Website, Products, and/or Services, including but not limited to the exercise of any other rights and/or remedies available under these Terms.

6.5. If you believe that your work has been copied or used on a TomTom Website, Products and/or Services in a way that constitutes a copyright infringement or any other violation of your rights, please follow the steps as outlined here.

7.1. You are solely responsible for your interactions with other Users, whether online or in person. TomTom is not responsible or liable for any loss or damage resulting from any interaction with other users, persons you meet through the TomTom Website, Products and/or Services, or persons who find you because of information posted on, by or through the TomTom Website, Products and/or Services. You agree to take reasonable precautions in all interactions with other users on the TomTom Website Products and/or Services, and conduct any necessary investigation before meeting another person. TomTom is under no obligation to become involved with any User dispute, but may do so in its sole discretion.

7.2. The Products and/or Services may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity or using the Products and/or Services. TomTom is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Products and/or Services.

8.1. All Intellectual Property in the TomTom Website, Products and/or Services and TomTom Content is owned by TomTom, its Affiliates and its licensors, which includes (without limitation) materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the TomTom name and the logo) are owned, registered and/or licensed by TomTom and its affiliates. All content on the TomTom Websites, Products and/or Services is a collective work under the United States and/or the Netherlands and other copyright laws and is the proprietary property of TomTom. All rights are reserved. Nothing in these Terms of Use shall be interpreted as granting any license of Intellectual Property rights to you.

9.1. By submitting any comments, ideas, reviews, bug reports, proposals, suggestions for improvements, enhancements, or modifications ("Feedback") to TomTom through the TomTom Website and/or Products and/or Services or other means, you grant TomTom and its Affiliates the license described in Section 9.3. You further acknowledge and agree that TomTom is not under obligation to implement any Feedback provided by you.

9.2. Additionally, you acknowledge and agree to the following: (ii) TomTom may have similar development ideas to the Feedback you provide; (ii) your Feedback does not contain any confidential or proprietary information belonging to you or any third party; (iii) TomTom is not bound by any obligation of confidentiality with respect to the Feedback; (iv) TomTom may freely use, distribute, exploit, and further develop or modify the Feedback for any purpose; and (v) you are not entitled to any compensation of any kind from TomTom in relation to the Feedback.

9.3. You grant TomTom a worldwide, irrevocable, royalty-free, non-exclusive, transferable, perpetual, free-of-charge right to use the Feedback, as defined below, for any purpose including, but not limited to, incorporating the Feedback into any Products and/or Services and to further commercialize them.

9.4. The provisions set forth in this Section 9 also apply to the evaluation and/or testing of Products and/or Services not yet released or made available to the market, unless separate Terms of Use are explicitly stipulated for the testing or evaluation of those Products and/or Services.

10.1. TomTom may use artificial intelligence and machine learning technologies to enhance your experience on the TomTom Website, Products and/or Services. These technologies may be applied to areas such as delivery of the services, analytics, content personalization, automated recommendations, and user support. Where applicable, TomTom will indicate when content, suggestions, or responses are generated by an AI system. These outputs are provided “as is” and may contain inaccuracies or errors. AI-generated content is not intended to constitute legal, commercial, financial, or other professional advice.

10.2. You acknowledge and agree that any reliance on AI-generated information is at your own risk. TomTom is not liable for any direct or indirect damages or consequences resulting from actions taken based on such information. TomTom reserves the right to modify, update, limit, or discontinue any AI-powered features at its sole discretion, as technologies and regulatory standards evolve.

10.3. Artificial intelligence systems used by TomTom are designed and deployed in accordance with applicable laws and ethical guidelines.

You agree to indemnify, defend, and hold harmless TomTom, its Affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, that arise from your use of the TomTom Website, Products and/or Services, the TomTom Content or any Third-Party Materials, your conduct related to it, upload of your User Content (including but not limited to third-parties Intellectual Property rights), interactions with other Users, or any violation of these Terms, applicable laws, or any other third parties rights.

12.1. THE TOMTOM WEBSITE, PRODUCTS AND/OR SERVICES, THE TOMTOM CONTENT OR ANY THIRD-PARTY MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND.

12.2. TO THE FULLEST EXTENT PERMITTED BY LAW, TOMTOM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED) REGARDING THE PRODUCTS AND/OR SERVICES (EITHER DIRECTLY VIA TOMTOM OR VIA A RESELLER), TOMTOM WEBSITE, THE TOMTOM CONTENT OR ANY THIRD PARTY MATERIALS, INCLUDING BUT NOT LIMITED TO (I) CORRECTNESS, ERRORS AND ACCURACY (II) ADEQUACY, (III) USEFULNESS,(IV) RELIABILITY, DEFECTS, OPERATION AND AVAILABILITY (V) NON-INFRINGEMENT, (VI) SECURITY, THE RISK OF INTERCEPTION OF INFORMATION, VIRUSES OR ANYTHING ELSE HARMFUL, (VII) WORKMANLIKE EFFORT, SUPPORT, INFORMATION OR SERVICES, (VIII) OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE CHARACTER. It is your responsibility to configure your technology for accessing the TomTom Website, Products and/or Services, TomTom Content or any Third-Party Materials, including utilizing your own virus protection software. TomTom does not guarantee the accuracy or reliability of the TomTom Website, Products and/or Services, TomTom Content or any Third-Party Materials. You download and use it at your own risk, and you are responsible for any damage to your device or loss of data that may occur.

12.3. The provisions of this Section do not affect any of your legal rights under applicable mandatory national legislation, including but not limited to any mandatory statutory warranties. If any part of this limited warranty is held to be invalid or unenforceable, the remainder of the limited warranty shall nonetheless remain in full force and effect.

13.1. Nothing in these Terms of Use excludes or limits TomTom's liability for death or personal injury due to gross negligence, fraud or for implied warranties under relevant legislation.

13.2. To the fullest extent permitted by applicable law, neither TomTom nor its Affiliates, suppliers and/or subcontractors are liable for any direct, special, incidental, indirect or consequential damages, including loss of profits, business interruption, damages whether in contract, tort (including negligence), breach of statutory duty or data loss arising under or in connection with:

i) The use of or the inability to access the TomTom Website, Products and/or Services;

ii) Use of or reliance on any TomTom Content displayed on the TomTom Website, Products and/or Services;

iii) The conduct of other Users (whether online or offline) or attendance at a TomTom event.

iv) Any loss or damage caused by viruses or harmful materials resulting from your use of TomTom Website, Products and/or Services or downloading TomTom Content.

v) Any loss or damage caused by a service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the TomTom Website, Products and/or Services or to your downloading of any TomTom Content or on any website linked to it.

13.3. If TomTom is found liable for any damages related to your access and/or use of the TomTom Website, Products and/or Services, TomTom's total liability is limited to Euros 50,00. Not all jurisdictions allow such limitations, so the above limitation or exclusion may not apply to you.

13.4. Different or additional liability limitations may apply to the purchase of Products, to find out these please check Terms and Conditions.

14.1. These Terms of Use will remain in effect until either party terminates the access to the TomTom Website, Products and/or Services in accordance with the provisions outlined in this Section 14.

14.1.1. In addition to any other remedy or right of TomTom, if you fail to comply with these Terms, TomTom may terminate, restrict or suspend your Account, access to the TomTom Products and/or Services and/or TomTom Website, including deleting your profile and your User Content without notice or liability to you.

14.1.2. You have the right to terminate your Account for any reason by contacting TomTom via the TomTom Support > “Contact Us”.

14.1.3. You can terminate your subscriptions as specified in Section 9 of the Terms and Conditions.

14.2. Upon termination for any reason, you must return or destroy all copies of the TomTom Content, and all licenses and rights granted to you will also cease. Remember, after your Account is terminated, you will no longer have access to any User Content, so make sure to download or make the copy of your User Content you want to keep beforehand.

15.1. In this section, you, as a user of TomTom Products, Services, Apps, can find out how your personal information (e.g.: name, address, e-mail address, or phone number) is handled and processed by TomTom.

15.2. In order to deliver the Products and Services to you, TomTom needs to use personal information about you. TomTom adheres to European Union and other local privacy and data protection laws. Based on this, TomTom will only use your information for the purpose and duration for which it was obtained. You can find our applicable privacy statement on https://www.tomtom.com/privacy/.

15.3. TomTom holds data about you, generated through your use of TomTom Products and Services. TomTom complies with the EU Data Act and ensures your right to access your data and to have your data transferred to third parties. You can find more details in our applicable Data Act statement.

Any provisions in these Terms of Use which by their nature extend beyond the termination or expiration of the access and/or use of the Products and/or Services, Account, TomTom Content, User Content and/or User Private Data will remain in effect after termination of these Terms. This includes but is not limited to TomTom's license to use, upload, modify, distribute, sublicense, reverse engineer, decompile or disassemble and display your User Content in accordance with these terms .

If any provision of these Terms of Use is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. In case of any such invalid provisions, TomTom will present new Terms of Use in substitution for such invalid provisions. These Terms of Use shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.

Third parties have no rights under applicable legislation to rely upon or to enforce any term of these Terms of Use but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.

Force majeure means circumstances that impede the fulfilment of TomTom's obligations under these Terms of Use and Conditions which are not within TomTom's reasonable control, including late and/or delayed deliveries and incomplete deliveries by TomTom and temporary or partial unavailability to provide the Services. In a force majeure situation all of TomTom's obligations shall be suspended. Should the period in which TomTom cannot fulfil its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled terminate your access to the Products and/or Services in writing and TomTom shall not have any liability to you.

20.1. These Terms of Use and any dispute arising under or in connection with it, including any non-contractual claims and disputes, shall be governed by and construed in accordance with:

20.1.1. The laws of the Netherlands, if you reside in or outside the European Union, except when Section 20.1.2 applies. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands in respect of any dispute arising under or in connection with these Terms of Use, including any non-contractual claims or disputes. This exclusive designation of applicable law and forum does not override the mandatory consumer protection laws of your country of residence if you made the purchase in such country and those rules provide greater protection than laws of the Netherlands.

20.1.2. The laws of the State of New York, if you reside in the United States. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of the city of New York, in respect of any dispute arising under or in connection with these Terms of Use including any non-contractual claims or disputes.

20.2. You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern nor apply to this Agreement. To the extent this Agreement is governed by the laws of any state of the United States, you agree that the Uniform Commercial Code and any equivalent thereof adopted by such state shall not govern nor apply to this Agreement.

For all inquiries, requests, or communications regarding these Terms of Use, please refer to the contact details provided in our Impressum. The Impressum contains all legally required contact and company information and is accessible at all times via the above link.