Terms of Service

The websites, vultus.se and spatial.farm (the "site" or “sites”), are owned and operated by Vultus AB. ("Vultus", "we" or “us”). By using the site, services provided on the site, or data content we make available to you through the services (collectively, "Services"), you agree to be bound by the following Terms of Service and any future modifications (collectively, the "Terms"). You also acknowledge that you accept the practices and policies outlined in the Service Level Agreement and Privacy Policy. Please read them carefully. If you don’t agree to these Terms, you may not use the Services. The Services are available only to individuals who are at least 16 years old.

Signing up

In order to use most Services, you must register for a Vultus account. When you use our application program interfaces (APIs), each request to an API must include one of your account's unique API keys.

Please carefully guard the security of your account and monitor use of your API keys. You are responsible for all use of the Services under your account, whether or not authorized, including any use of your API keys. At our discretion, we may make limited exceptions to this policy for unauthorized use of your account if you notify us of the problem promptly.

If you are entering into this agreement on behalf of your company or another legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will mean the entity you represent.

Our Services

We will make the Vultus Services available to you in accordance with these Terms, we grant you a non-exclusive, revocable license and right to:

• Use the Services within 3rd party applications; and
• Use the Services to develop online services and online, desktop, or mobile applications; and
• Make the Services available to end users in connection with their use of your online services and online (desktop or mobile) applications.
• Create printed and on-line media or videos.
• Within trial period you may only use services for non-commercial purposes and for research. When using paid subscription plans, you may use services for both commercial and non-commercial purposes.

Data

You may use data offered by the Vultus Platform (collectively “Vultus Data”) through our APIs without limitation, as long as it complies with these Terms and any additional specific terms and conditions.

Your services and applications may permit end-users to cache Vultus Data on their devices (e.g., laptops, smartphones, or tablets) for offline use.

Unlawful and Other Unauthorized Uses

You may not use the Services for any unlawful purpose. Your use of the Services must comply with all local rules regarding online conduct and acceptable content.

You may not use the Services in any manner that could damage or overburden the Services or interfere with any other party's use of the Services.

You may not engage in other unacceptable use of the Services, which includes:

• Disseminating material that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
• Aiding or implementing practices violating basic human rights or civil liberties;
• Disseminating or storing material that infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
• Creating a false identity or otherwise attempting to mislead others as to the identity or origin of any communication;
• Exporting, re-exporting, or permitting downloading of any content in violation of any export or import law, regulation, or restriction of the European Union and its agencies or authorities, or without all required approvals, licenses, or exemptions;
• Interfering with or attempting to gain unauthorized access to any computer network;
• Transmitting viruses, Trojan horses, or any other malicious code or program; or
• Engaging in any other activity deemed by Vultus to be in conflict with the spirit or intent of these Terms.

You may not, nor may you permit any third party to, modify, create derivative works from, reverse engineer, or attempt to derive any source code from the site’s software, except as expressly permitted by a written license from us.

Documentation

In addition to the requirements above, you must adhere to all policies posted on this site in conjunction with the Services, including all accompanying documentation. All such policies are incorporated by reference into these Terms.

Your Content

Your content is your content. You retain ownership of all content that you contribute to the Services.

Limited to the purpose of hosting your content so that we can provide the Services to you, you hereby grant Vultus a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works, and store such content and to allow others to do so. This right and license enables Vultus to host and mirror your content on its distributed platform. You warrant, represent, and agree that you have the right to grant Vultus these rights.

On termination of your account, Vultus will make all reasonable efforts to promptly remove from the site and cease use of your content; however, you recognize and agree that caching of or references to the content may not be immediately removed.

Our Content and Third-Party Content

Other than your content, all content displayed on the site or accessible through the Services, including text, graphics, maps, logos, images, illustrations, software or source code, audio and video, and animations, are the property of Vultus and/or third parties and are protected by Swedish and international copyright laws. You may be held liable for any unauthorized copying or disclosure of this content. You agree that Vultus’ licensors shall be third party beneficiaries to these Terms and that these companies may directly enforce, and may rely upon, any provision of the Terms that confers a benefit on them or grants rights in favor of them.

All logos and product names appearing on or in connection with the Services are proprietary to Vultus or its licensors and/or suppliers. You may not remove any proprietary notices or product identification labels from the Services’ software, maps, or other content.

Publicity

We're proud to have you as a customer. During the term of this agreement, you hereby grant us a worldwide, non-exclusive, royalty-free, non-transferable license to use your trademarks, service marks, and logos for the purpose of identifying you as a Vultus customer to promote and market Vultus services. Of course, if you prefer we not use your logo or name in a particular way, just let us know, and we will respect that.

Charges and Payment

Some of the Services require payment (“Paid Services”). We may charge your credit card or bank account on an ongoing basis in advance of providing Paid Services or as needed for prepayments for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of the Vultus Platform Services.

To ensure uninterrupted service, we will automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period or amount afterwards until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription. For example, if you are on a monthly subscription plan, each billable renewal period will be for one (1) month. We will automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to this Agreement, you authorize us to do this.

The subscription fee is billed in full on the first day of each billing period, unless and until you cancel your subscription. If you do not pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services, without notification to you.

Sometimes even you do not know how popular your applications are going to be. If your account exceeds the number of requests allowed by your plan, we may charge you overage fees at the end of your billing period. Overage rates vary by plan. You agree to pay overage fees for all usage including requests that result from unexpected traffic. We will notify you, when your account reaches 90% of the allowed volume within a billing period. If we fail to do so, we will not charge overage fee for a specific billing period.

All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law.

If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Support before filing a Chargeback. We reserve our right to dispute any Chargeback.

We use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

We are not responsible for any bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Vultus. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

Request Limits

Some subscription plans include request volume limits or land area analysis limits.

A request is made when asking the Vultus Platform to generate images for a specific polygon. Request volume can be determined as either the number of requests made, or the number of images produced for a polygon. Land area analysis limits can be determined by multiplying the land area of the polygon by the number of images produced.

Account Cancellation or Suspension

We don't want you to leave, but you may cancel at any time. However, we do not give pro-rated refunds for unused time if you cancel during the middle of a billing cycle.

The limited license granted by this agreement terminates automatically, without notice to you, if you breach any of these Terms.

In addition, Vultus may cancel or suspend your account for any reason by providing you thirty days advance notice. Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the Services. If we cancel your account in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we cancelled your account.

Changes to Services or Terms

We reserve the right to modify these Terms at any time by posting the changed terms on the site. All changes shall be effective immediately upon posting. Please check these Terms periodically for changes. Your continued use of the Services after we post of changes constitutes your binding acceptance of the new terms.

We may change the features and functions of the Services, including APIs, and the terms of the SLA may change over time. It is your responsibility to ensure that calls or requests you make to the Services are compatible with then-current Vultus Platform APIs. We will endeavor to avoid changes to our APIs that are not backwards compatible, if any such changes become necessary, we will use reasonable efforts to notify you prior to implementation.

Indemnification

You agree to indemnify and hold harmless Vultus and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys' fees arising out of:

• Your use of the Services; • Your violation of these Terms; • Your end users’ use of the Services in or through an application or service you provide; • Content you or your end users submit, post to, extracts from, or transmit through the Services.

Disclaimers

“As is," "as available" and "with all faults." YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES, MAPS, AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VULTUS DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VULTUS OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Website operation. VULTUS DOES NOT WARRANT THAT THE SITE, INCLUDING ANY SOFTWARE, SERVICES, MAPS, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD-PARTY SITES REFERRED TO ON OR BY THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

Non-Vultus content. WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD PARTY CONTENT ("NON-VULTUS CONTENT"), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-VULTUS CONTENT. UNDER NO CIRCUMSTANCES WILL VULTUS BE LIABLE FOR OR IN CONNECTION WITH THE NON-VULTUS CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON-VULTUS CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY NON-VULTUS CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-VULTUS CONTENT.

Accuracy. VULTUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Harm to your computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES, MAPS, OR CONTENT THROUGH THE SITE (INCLUDING RSS FEEDS) OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.

Jurisdiction. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

Limitation of Liability

Limitation of liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING NEGLIGENCE, SHALL VLTUS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SITE, INCLUDING SOFTWARE, SERVICES. MAPS, CONTENT, USER SUBMISSIONS, OR ANY THIRD-PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF VULTUS OR A VULTUS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF VULTUS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED EURO (100 EUR) OR FEES PAID OR PAYABLE TO VULTUS IN THE TWELVE MONTHS PERIOD PRIOR TO THE DATE ON WHICH THE DAMAGE OCCURRED.

Reference sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE OR OTHERWISE BY THIRD PARTIES OTHER THAN VUULTUS AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY THIRD PARTY SITES.

Claim period. YOU AND VULTUS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO VULTUS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.