Terms and Conditions

Date: 07/09/2017

Version: 1.0

Thanks for using Spottitt! These terms and conditions (“Tems”) cover your use and access to our services, website, IOS and Android apps and geoportal (“Services”). Our Privacy Policy explains how we collect and use your information while our Cookie Policy describes how our Services use cookies. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy and Cookie Policy. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.

Your Content & Your Permissions

When you use our Services, you provide us with things like uploading your own files, indicating your areas of interest, contact information and so on (“Your Content”). Your Content is yours. These Terms don’t give us any rights to Your Content except for the limited rights that enable us to offer the Services.

We need your permission to do things like hosting Your Content, backing it up, and sharing it when you ask us to. Our Services also provide you with features like report generation and sharing of analysis results. These and other features may require our systems to access, store and scan Your Content. You give us permission to do those things, and this permission extends to our affiliates and any trusted third parties we work with.

Sharing Your Content

Our Services let you share Your Content with others both within your organization and outside of your organization, so please think carefully about what you share.

Your Responsibilities

You’re responsible for your conduct. Your Content and you must comply with our Terms. Content provided or purchased through our Services may in be protected by others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right to do so. Please see specific details with regards to additional Terms for commercial satellite imagery and data “Commercial Data” purchased through our Services.

 

We may review your conduct, Your Content and use of Content provided or purchased through our Services for compliance with these Terms.

Help us keep you informed and Your Content protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.

You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you’re over 13.

Software

Some of our Services allow you to download mobile applications (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Beta Services

We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as Spottitt’s other services, so please keep that in mind.

Our Services

These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, Spottitt trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Subscriptions

Billing. To access our Services an individual or organization must purchase an annual subscription. We’ll automatically bill you on the date you purchase an annual subscription and on each periodic renewal until cancellation.  Your purchased subscription and associated analysis and data credits will be activated and added to your account as soon as payment has been received. We’ll send you a notice email with an invoice reminding you that your annual subscription is about to renew within a reasonable period of time prior to the renewal date. You can make one off purchases of additional analysis and data credits at any time, you will automatically be billed on the date that you request a one off purchase and your purchased credits will be added to your account as soon as payment has been received. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.

No Refunds. You may cancel your Spottitt annual subscription at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Spottitt Subscriptions within 14 days of signing up for, upgrading to or renewing a Paid Subscription.

Downgrades. Your Paid Subscription will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for your Paid Subscription on time, we reserve the right to suspend it or reduce your access to our Services.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Multiple users of a Spottitt Subscription. Please note that Spottitt Subscriptions are subject to the control of a minimum of one administrator. Your administrators may be able to access, disclose, restrict, or remove content in or from your Spottitt workspace. They can also terminate your access to a Spottitt account.

Termination. You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

(a) you’re in breach of these Terms,

(b) you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users, or

(c) you haven’t paid for, or accessed our Services for 6 consecutive months after the renewal date of your subscription

 

We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Content from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services and your Content.

We won’t provide notice before termination where:

(a) you’re in material breach of these Terms,

(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or

(c) we’re prohibited from doing so by law.

 

Commercial Satellite Imagery or Data

As part of our Services you have access to search and purchase commercial satellite imagery and data “Commercial Data” using your data credits and then to use your analysis credits to conduct analyses using the Commercial Data purchased. The results of these analyses using the Commercial Data purchased are referred to as Derived Products

Your license for Commercial Data purchased through Spottitt permits:

  • You, as an individual who wants to use the imagery for your own purposes
  • You, as a represent of a legal entity that wants to use the imagery for its own internal business purposes
  • You, as a represent of a government agency that wants to use the imagery for its own internal purposes

You can let an unlimited number of your employees and contractors “Authorized Users” use the Commercial Data for internal use, but you MAY NOT allow anybody outside of your employees and contractors to use the Commercial Data

You and your authorized users are free to. Use our Services to develop derivatives of the Commercial Data known as “Spottitt Derived Products”. Store, access and reproduce the Commercial Data and Spottitt Derived Products internally among your authorized users. Display an extract of the Commercial Data on a website in a non-extractable and non-downloadable format.

Commercial Data for internal use only. You may only use the Commercial Data for your internal purposes. You may not use the Commercial Data for commercial purposes.

No right to share. You may not share the Commercial Data outside of your authorized users.

License Term. Unlimited duration for internal use of Commercial Data purchased via Spottitt.

 

Spottitt Derived Products. You will own all Spottitt Derived Products you create using our Services, and can use them for any and all purposes. If you use the Commercial Data purchased via Spottitt to create “Derived Products” outside of our Services then you must check the specific image supplier end user license agreements to see whether the Derived Products you have generated may be shared outside of your authorized users. Please see links below:

Use of SPOT 6&7 imagery purchased via our Services (used by Spottitt to generate Land Cover Analyses) but then exported outside of our Services is governed by the Airbus Defence and Space end user license agreement which can be found here.

Use of PLEIADES imagery purchased via our Services (used by Spottitt to generate Building Recognition Analyses) but then exported outside of our Services is governed by the Airbus Defence and Space end user license agreement which can be found here.

Discontinuation of Services.

We may decide to discontinue the Services in response to unforeseen circumstances beyond Spottitt’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Content from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.

Services “AS IS”

We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, SPOTTITT AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR SPOTTITT’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

 

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, SPOTTITT, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:

  1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
  2. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

 

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT SPOTTITT OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, SPOTTITT, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. SPOTTITT AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF 1000 GBP OR 100% OF ANY AMOUNT YOU’VE PAID UNDER YOUR CURRENT SUBSCRIPTION WITH SPOTTITT.

Resolving Disputes

Before filing a claim against Spottitt, you agree to try to resolve the dispute informally by contacting support@spottitt.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Spottitt may bring a formal proceeding.

Judicial forum for disputes. You and Spottitt agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the courts of England and Wales. Both you and Spottitt consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

Controlling Law. These Terms will be governed by the law of England and Wales. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and Spottitt with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

Spottitt’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Spottitt may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to better reflect:

(a) changes to the law,

(b) new regulatory requirements, or

(c) improvements or enhancements made to our Services.

 

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

Contact Us

If you have any questions or suggestions about our Terms, do not hesitate to contact us on support@spottitt.com