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By creating an account on any of Svarmi’s Services, you agree to operate within the limitations set forth in these Terms of Services.
To access Svarmi’s full suite of Services, potential clients and other users need to sign up for an account within the relevant Service or Platform Environment. By creating an account on any of Svarmi’s Services, you agree to operate within the limitations set forth in these Terms of Services.
Access to Services is only granted to persons and entities who are allowed to receive such services under applicable laws, including but not limited to those of Iceland, Switzerland, United Kingdom, and the European Union.
You agree to protect and keep your password, API keys, and other account access information confidential. You acknowledge and agree that you are responsible for the activity that occurs under your Account on any of Svarmi’s Services. Should you suspect or discover any password, API key, or other access point has been compromised, contact support@svarmi.com.
When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Privacy & Cookie Policy, which covers how we collect, use, share, and store your personal information.
Svarmi’s Services include but are not limited to:
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.
Data and Information Services delivered to you, whether upon purchase or without payment, can generally be used in the following manner:
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:
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:
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.
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.
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.
Svarmi cannot and does not guarantee the quality and general integrity of any and all 3rd party content made available through Svarmi’s Services.
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.
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.
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.
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.
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.