askEarth AG - Terms of Services

last updated on April 8th, 2023.

Please read the following terms and conditions carefully before using our services.

These terms and conditions shall govern your use of our services, including our website and our platform.

In the terms of services, the terms 'we', 'our', 'us' and 'askEarth' refer to askEarth AG, a public limited company under Swiss law. ‘User’, ‘Users’, 'You', 'your' and 'yours', ‘he/she’ refers to anyone who uses or accesses our Services.

1. Acceptance of terms

By using our services, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our services.

If you create an account with askEarth and/or use our services, we will ask you to expressly agree to these terms and conditions.

We reserve the right to change the terms without notice and at any time. Remember to check this page regularly for changes to the terms. The version accessible via our website (https://i.ask.earth/terms-of-service) at the crucial moment applies between you and us. We reserve the right to interrupt access to and/or use of the services at any time or to modify the services without prior notice and without giving reasons.

2. Copyright notice

We, together with our licensors, own and control all the copyright and other intellectual property rights in our services and the material on our services and all the copyright and other intellectual property rights in our services and the material on our services are reserved.

The services are protected by international copyright laws, as applicable. Where the user communicates to the public or distributes askEarth data and services Information, he/she shall inform the recipients of the source of that data and information by using the following notice:
“Images by askEarth contains modified Copernicus Sentinel data [Year]”

In accordance with: Legal notice on the use of Copernicus Sentinel Data and Service Information (https://sentinels.copernicus.eu/documents/247904/690755/Sentinel_Data_Legal_Notice)

3. Our services:

Our website/platform allows users to buy Earth observation data and information. Users are responsible for verifying the accuracy of their query before making a purchase.

4. License to use our services

You may

• view pages from our website/platform in a web browser
• download pages from our website/platform for caching in a web browser
• print pages from our website
• stream audio and video files from our website/platform
• use our services by means of a web browser
• export data from our services using the export functionality

We reserve the right to restrict access to areas of our services, or indeed our whole services, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our services.

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our services.

Some services are accessible only after the payment of a subscription.

askEarth does not treat nor has access to any information related to payments. This information is treated solely by our third party payment provider platform provider, namely Stripe Inc.

5. Use of our available services

Use of our available services is at your own risk.

You must not

• use our services in any way or take any action that causes, or may cause, damage to our services or impairment of the performance, availability or accessibility of our services
• use our services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
• use our services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software
• conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our services without our express written consent
• access or otherwise interact with our services using any robot, spider or other automated means, except for the purpose of search engine indexing
• violate the directives set out in the robots.txt file for our website

You must ensure that all the information you supply to us through our services, or in relation to our services, is true, accurate, current, complete and non-misleading.

No guarantees for freely available service

Our Services are offered to you 'as is' and 'as available'. Therefore, we offer no guarantee in connection with these.

In particular, we do not guarantee that:

• our services comply with your requirements
• their content is complete, accurate, reliable, up-to-date and does not infringe the rights of any third party
• access to our services is uninterrupted, error-free or virus-free
• defects are corrected
• the services are secure
• any advice or opinion coming from us through our services is accurate and reliable

Guarantees for Services offered through payment or subscription

We guarantee the availability and regular update of the services under subscription terms, at the exception of extraordinary events affecting the technical functioning of the system, such as network congestion, power supply failure of our computing facilities, satellite breakdown, change in delivery policy of the data providers, etc.

Use of the information provided through our services offered through payment or subscription is at your own risk.

We do not guarantee that:

• our Services comply with your requirements
• their content is complete, accurate, reliable, up-to-date and does not infringe the rights of any third party
• access to our Services is uninterrupted, error-free or virus-free
• defects are corrected
• the Services are secure
• any advice or opinion coming from us through our services is accurate and reliable.

Discontinuation of service

We reserve the right to discontinue or alter any or all of our services, and to stop publishing our website/platform, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website/platform.

To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our services and the use of our services.

6. Declaration on privacy and personal data

In the context of the seizure and processing of your personal data, subject to foreign law provisions that could directly apply in our territory, we are subject to Swiss data protection legislation, which is recognized by the authorities as guaranteeing an adequate level of data protection.

Our services use cookies; by using our services or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

For more information, our privacy policy can be found under https://i.ask.earth/privacy-policy

7. User Accounts

You are required to create an account with us to use our services.

You agree to provide accurate and complete information when registering for an account.

You are fully responsible for all activities that occur under your account.

You must not allow any other person to use your account to access our services. You must not use any other person’s account to access the services, unless you have that person’s express permission to do so. You must not use your account for or in connection with the impersonation of any person. You must notify us in writing immediately if you become aware of any unauthorized use of your account.

Your account must not be liable to mislead.

You are responsible for any activity on our services arising out of any failure to keep your account access information confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

We may:

• suspend your account
• cancel your account; and/or
• edit your account details

at any time in our sole discretion without notice or explanation.

9. Intellectual Property

The Services, trademarks, logos, icons, designs, and other distinctive features of askEarth, as well as any software used in connection with the provision of the services, are and remain the exclusive property of askEarth. You may not copy, transfer, redistribute or license the content of the services unless acquired through the askEarth export feature and according to section 2 and any license files provided in the export file.

You may use the URL sharing feature for non-commercial purposes.

You may not copy, modify, decompile or otherwise attempt to discover or reuse our source code. The creation of work derived from all or part of the content of our services (or their possible updates) is prohibited.

10. Fees

Unless otherwise agreed, the prices for the acquisition of any services are based on the currently valid price as listed on the website.

The price for specific data such as images or insights shall be based on the type and the size of the region of interest of the image. The final price will only be calculated once the user exports the services.

The compensation for askEarth services on subscription is based on the contractually agreed rates.

askEarth is entitled to adjust the rates and the basis of assessment at any time.

11. Disclaimers

If you rely on the data from our services, it will be at your own risk. We exclude all liability.

Our services may contain external information (satellite data, base maps, etc.) as well as links directing you outside our website/platform, in particular to the websites or applications of our partners. We assume no responsibility for the content or accuracy of this information or third party sites and the operation of these. We cannot be held responsible for the content of third party sites to which a link is offered. The inclusion of a link to other websites does not imply our approval.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss for damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are an AG, a public limited company under Swiss law; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our services or these terms and conditions (this will not, of course, limit or exclude the liability of the AG itself for the acts and omissions of our officers and employees).

To the extent permitted by law, any responsibility by our partners, our auxiliaries or our representatives that may result from your access to or use of our services is excluded. As a precondition prior to your use of our services, you agree to indemnify, us as well as our representatives or our partners, any damages (including justice and lawyer expenses) that may result from your (malicious) access to - or your (malicious) use of - our services.

12. Various

If any provision of the terms should be considered invalid or unenforceable, the parties would replace it with a provision having legal and economic effects as close as possible to those of the invalidated provision and the remaining provisions of the terms will remain in effect as they stand.

The fact that we tolerate any breach by you of any of your obligations under the terms, or that we do not require the application of any right granted to us by the terms or by law, may not be construed as a waiver on our part to use it.

Unlike us, you are not authorized to transfer to third parties the rights and obligations that are yours under the terms.

13. Jurisdiction and applicable law

The terms are subject to Swiss law. The exclusive place of jurisdiction is at askEarth AG registered office, subject to appeal to the Federal Court (Tribunal Fédéral).