Terms & Conditions

Definitions

YOUR ACCOUNT
THE SERVICES
LIMITED LICENSE 
PERMISSIBLE USE
RESTRICTIONS
RIGHTS RESERVED
OWNERSHIP
FEEDBACK
3RD PARTY CONTENT
TERM & TERMINATION
CONFIDENTIALITY
DISCLAIMER
LIMITED LIABILITY
ADDITIONAL LICENSES & ASSOCIATED TERMS

Svarmi Terms of Service

By creating an account on any of Svarmi’s Services, you agree to operate within the limitations set forth in these Terms of Services.

THE SERVICES

Svarmi’s Services include but are not limited to:

  • Geospatial or Aerial Data in various formats (Data-as-a-Service);
  • Data from ground-based sensors (Data-as-a-Service);
  • Information derived from Data (Information-as-a-Service), presented in any of Svarmi’s Platforms, in any other system through APIs, or in documents, spreadsheets or other form of communication;
  • Access to Svarmi’s Software Platforms (Software as a Service); 
  • Digital Content, including images, videos, articles; and
  • Consulting Services.

LIMITED LICENSE

Access to all Svarmi Services shall be limited and controlled by Svarmi. Your access to the Services shall be limited by Svarmi, in its sole discretion. Your access is subject to the terms and conditions of this Agreement and your use is limited to solely to fulfil the Purpose during the defined Term. Upon successful sign up or written confirmation of any Services, Svarmi grants you a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable, revocable license to access and use the Services, subject to applicable restrictions. These terms are not a license to use the Svarmi name or our logos, trademarks, or general branded material.

PERMISSIBLE USE

Data and Information Services delivered to you, whether upon purchase or without payment, can generally be used in the following manner:

  • To monitor environmental and/or physical assets owned, operated, or otherwise related to you or your organization;
  • To collaborate and communicate to sub-contractors, partners, or other confidentiality bound parties, provided these parties have been duly notified that they are not to use any Data and Information for any other purpose than the collaboration with you, Svarmi’s client; and
  • To process further into other formats, generate statistics and reports, and create marketing material, provided that adequate mention is ensured as further described under Restrictions.

RESTRICTIONS

General Restrictions 

The use of Svarmi’s Services, including but not limited to the DATACT online platform, processing infrastructure, data acquisition infrastructure, and analytics pipeline and algorithms, shall only be used for the defined Purpose for each use case. You will not:

  1. Change, remove, or obscure any proprietary notices, watermarks or legends included or embedded in the Service;
  2. Change or remove copyright or other rights;
  3. Use the Services in violation of applicable laws or regulations;
  4. Alter, adapt, display, perform, translate, derive new products, or otherwise modify the Service;
  5. Sublicense, transfer, loan, rent, resell, distribute, or otherwise use the Service for any commercial purpose whatsoever, unless explicitly permitted to do so by written agreement with Svarmi;
  6. Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code for the platform; or 
  7. Allow any third party to access or use the Service, excluding specific clearance for purchased Services and with a written permission thereof.

Restrictions on the use of Data & Information

When you receive Spatial Data or Information from Svarmi, no matter the source .whether through Svarmi’s software platform or 3rd party distributors, as well as any derived Products or Services, you cannot:

  1. Re-sell the Data and/or Information and derived products without a written agreement providing specified permission thereof;
  2. Deliver Data and/or Information to external parties. Data and Information can be shared with employees, sub-contractors, research partners, and business partners. When distributing Data and/or Information to permissible parties, the Data/Information origin shall be followed with an explanation of the type, purpose, and limitations of Data/Information, in addition to a reference as to the correct source of the Data, example: “Data from Svarmi, 2021”; and
  3. Use the data for marketing purposes without referencing the correct data source, example “Data from Svarmi, 2021”, and ensuring that published material is in no violation of these Terms of Services and Svarmi’s Privacy & Cookie Policy.

RIGHTS RESERVED

Excluding the limited license granted to you as a user of Svarmi’s Services, Svarmi retains all right, title, and interest, including all intellectual property rights, in and to its Services and all associated properties. All rights not expressly mentioned or granted in this Agreement are hereby expressly reserved by Svarmi.

OWNERSHIP

Unless specifically agreed otherwise, Svarmi retains general ownership of all its generated Services, including but not limited to Software, Data, and Information. Svarmi therefor has full authority to sell Services originating from the same dataset to multiple buyers. You as a Client can request Exclusive Ownership of Datasets or other Services delivered to you, provided the relevant Exclusivity Premium is paid in full, the amount of which will be made available to you upon request.

FEEDBACK

When you provide Svarmi with any feedback, comments or suggestions (collectively, Feedback) about the Services, this Agreement, and, in general, Svarmi, you grant to Svarmi, under any right, title or interest you may have in and to such Feedback, a non-exclusive, royalty-free, sub-licensable, worldwide, transferable, irrevocable, perpetual license, to use that Feedback or to incorporate it into the Services, this Agreement, or otherwise as Svarmi sees fit, entirely without obligation of any kind to you.

3RD PARTY CONTENT

Svarmi cannot and does not guarantee the quality and general integrity of any and all 3rd party content made available through Svarmi’s Services. 

TERM & TERMINATION

This Agreement takes effect once you have signed up to any of Svarmi’s Services and remains effective for as long as you have an account to our Services. You may stop using our Services at any given time, HOWEVER, all restrictions and guidelines as to any and all Services and associated data, documents, or content, shall survive the termination of this agreement. Upon termination of this Agreement, the limited licence(s) granted hereunder shall immediately terminate, and you shall immediately cease all use of the Services. If requested by Svarmi, you shall certify to Svarmi the complete destruction of all Service Deliverables, including but not limited to Data, Information, Documents, and generated Content.

CONFIDENTIALITY

You hereby acknowledge that by using Svarmi’s Services, you will have access to and may also obtain from Svarmi confidential information, including but not limited to technology, know-how, algorithms, procedures, structure, specifications, documentation, bugs, problem reports, analysis information, and other business and technical information, hereinafter referred to as Proprietary Information. During and after the term of this Agreement, you confirm that you will keep all Proprietary Information strictly confidential and not disclose any such information, unless such information becomes part of public domain without breach of this Agreement.

DISCLAIMER

THE SERVICES ARE PROVIDED AS THEY ARE WITHOUT ANY WARRANTIES OF ANY KIND. SVARMI HEREBY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES IN CONNECTION HEREWITH.

LIMITED LIABILITY

SVARMI SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, BUSINESS, REVENUE, PROFITS, DATA, OR OTHER LOSS ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE SERVICES, EVEN IF SVARMI WAS PREVIOUSLY MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY. IN NO EVENT SHALL SVARMI’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT EXCEED €1.000 EUR.

ADDITIONAL LICENSES & ASSOCIATED TERMS

You shall at all times comply with all applicable laws, regulations, and rules. You shall ensure that the Services provided by Svarmi, or any derivative information or content are not used for any illegal purposes, as defined in relevant legislation of your country of residence and/or operation, as well as the applicable legislation of Svarmi.

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