1. ACCEPTANCE OF TERMS

Please read the terms and conditions of use (hereinafter referred to as “Terms” or “Terms of use”) before using this online EOfactory TM website (hereinafter referred to as “Website”) and EOfactory TM Platform (hereinafter referred to as “Platform”). The Website and Platform are owned and operated by SkyMap Global Pte Ltd (hereinafter referred to as “SkyMap TM ”), having office at 12 Tannery Road, #04-02 HB Centre 1, Singapore 347722. Please read these Terms carefully before accessing or using the Website or any content on the Website or Platform. By accessing or using the Website or Platform or any content on the Website, you agree to be bound by these Terms.

2. MODIFICATIONS OF TERMS OF USE

Skymap reserves the right, at its sole discretion to change, modify, add or remove any portion of the Terms in whole or in part, at any time. Changes in these Terms of Use will be notified to the User and such changes become effective once accepted by the User. However, the notified changes would be deemed as accepted if the User does not decline the said changes in Terms of use within 15 days of being notified. Skymap may terminate, change, suspend or discontinue any aspect of Website and/or Platform, including the availability of any feature of the Website and/or Platform, at any time. Skymap may also impose limits on certain features and services or restrict your access to parts or the entire browser-based web application and app without notice or liability.

3. DEFINITION

3.1. The term “Content” hereby refers to data representative of terrain, imagery, buildings, vector data, ML model, generated results and more.
3.2. The term “Device” hereby refers to Mobile device, Smart phone, Personal computer device and Hand-held computing device.
3.3. The term “Service” hereby refers to services offered under EOfactory TM website browser-based web application, and Mobile Applications including, but not limited to, providing access anywhere, anytime, to a wide selection of AI/ML Models, ARD Toolkit and custom workflows, enabling the User to analyze imagery data from satellite or other aerial platforms including drones, enabling Users to build their own AI models and share it with the community, enabling Users to bring their own AI models, Images Mosaics & other training data to share with their community, collecting data for User as per requirement, and providing a community platform of remote sensing scientists and users where they can share knowledge and generate results, integrate it with their very own custom dashboards, based on an open data model.
3.4. The term “Subscription” hereby refers to the availing of service via a registered account by paying a prescribed amount.
3.5. The term “User” hereby refers to any person or group of persons, and any legal entity accessing the website or availing Service offered by Skymap via Website and/or Platform.
3.6. The term “User account” hereby refers to account created for User by Subscription to avail Services.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

4.1. A User must sign up for a user account in order to use most Services.
4.2. User must be of age of majority (as per the laws of country f rom where you are accessing the Website and/or Platform) to use our Services. In addition to being of the minimum required age to use our Services under applicable law, if User is not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
4.3. User must be a human as no “bots” or automated registration devices are permitted to create an account.
4.4. Each User is allowed to sign up for only one account, and User is the only person authorized to log into that account. This account shall be non-transferrable.
4.5. If a User enters into this Agreement on behalf of a company or legal entity, you must have the authority to bind that entity to these Terms. In that case, “you” refers to the entity.
4.6. When User creates an account, that account must have a unique username and password that must be kept secure by the User. (All personal information used to create the account is subject to our Privacy Policy).
4.7. User is responsible for anything that occurs on their account, whether or not the User has authorized it. Skymap is not responsible for any harm that may result from User’suse of Skymap account, nor will Skymap be liable for any losses or damages caused by unauthorized use. However, User may be liable for the losses that Skymap or others incur due to use of the Service or by unauthorized use of User’s account. If User becomes aware of unauthorized use, then the User must notify Skymap immediately and cooperate with Skymap to respond to the security breach.

5. GENERAL TERMS OF USE

5.1. User is responsible for obtaining and maintaining any equipment, hardware, software or ancillary services required to access and use the Website and/or Platform, and for any fees charged by third parties in connection therewith, and Skymap shall have no responsibility or obligation in connection therewith.
5.2. User shall be liable for any data uploaded and created on the platform based on tenet “Your data your responsibility”.
5.3. If User sends Skymap feedbacks or suggestions regarding the Website and/or Service, User acknowledges that Skymap may use them at its sole discretion, without any obligation to compensate the User in any manner for such feedbacks or suggestions.
5.4. Skymap may change, suspend or discontinue the Website/Platform/Service at any time, including the availability of any feature, content or database, without notice or liability.
5.5. It is hereby clarified, that the Website may contain links to other third parties’ websites, applications or features, or referrals to certain third parties’ products or services that are not owned or controlled by Skymap and that Skymap has no control over them.
5.6. If User choose to visit such third party’s websites, applications or features, or use its products or services, please be aware that such third party’s own terms of use and privacy policy will apply and govern your activities.
5.7. Skymap does not make any representation or warranty whatsoever regarding such third party websites, applications, features, services, products or Skymap also does not endorse and cannot ensure that User will be satisfied with any content, products or services that User has accessed, purchased or download from such other third parties, and is not responsible or liable in any manner for User’s interaction with such third parties

6. USE OF SERVICE

6.1. If available, Skymap provides User the ability to:
6.1.1. Upload and host data, including terrain, imagery, buildings, vector data, and more (i.e. “Content”);
6.1.2. Process Content into formats optimized for web streaming;
6.1.3. Access the Website/Platform free and/or by using pre-paid EOtokens and/or by using paid subscription models, wherein each of the paid subscription model adds predefined amount of EOtokens to User’s account (please read section 11.2 for more details). User is allowed to purchase required amount of the prepaid EOtokens and use it along with the paid subscription.
6.1.4. Access the geospatial datasets as per provisions of the subscription model;
6.1.5. Compose various Skymap applications or ML Models;
6.1.6. Invite other Users to access the Skymap applications or ML models or generated results you’ve composed (either free or for a charge);
6.1.7. View and use Skymap applications/ML models/data created or uploaded by other users who provide you access; and
6.1.8. Download the Content for offline use as per the license restrictions of the owner of the data.
6.2. To use the Service, User agrees to comply with all laws, regulations and any third-party agreements. Furthermore, User shall not:
6.2.1. Modify, alter, tamper with, reverse engineer, or attempt to extract source code from the Service;
6.2.2. Copy, reproduce, or duplicate the Service or Website contents;
6.2.3. Redistribute, sell or re-sell, assign, sublicense, lease, rent, transfer, or convey the Service;
6.2.4. Remove, obscure, or alter any Terms of Service, links to the Terms, or any copyright, trademark or proprietary notices of third parties;
6.2.5. Place or sell advertising, sponsorships, or promotions on the Service or Website; or
6.3. Although we’re not obligated to monitor access to or use of the Website, we have the right to do so for the purpose of operating the Website, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the Website/Platform/Service. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law.

7. UNLAWFUL/OTHER UNAUTHORIZED USE

7.1. The following actions are not permitted, and may result in immediate suspension or termination of Service with or without notice:
7.1.1. Any illegal activity, including, but not limited to, transferring any content in violation of export or import laws, regulations, without approval, license, or exemption, or any activity that violates others’ trade secrets or rights, including intellectual property, privacy, publicity, or human rights;
7.1.2. Dissemination of material that is deemed to be obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, malicious, or abusive;
7.1.3. Use the Service in a manner that may damage or overburden the Service, or interfere with others’ use of the Service;
7.1.4. Storage or transmission of viruses, Trojan horses, malwares or any other malicious code or program that is destructive in nature. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
7.1.5. Interfering with or attempting to gain unauthorized access to an account or computer network;
7.1.6. Creating a false identity or attempting to mislead others of your identity or the origin of any communication;
7.1.7. Access, tamper with, or use non-public areas of the Webites, Skymap’s computer systems, or the technical delivery systems of Skymap’s providers;
7.1.8. Attempt to probe, scan or test the vulnerability of any Skymap’s systems or networks or breach any security or authentication measures;
7.1.9. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Skymap or any of Skymap’s providers or any other third party (including another user) to protect the Website and Platform;
7.1.10. Attempt to access or search the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Skymap or other generally available third-party web browsers;
7.1.11. Use any meta tags or other hidden text or metadata utilizing a SkymapTM or EOfactoryTM trademarks, logo URL or product name without Skymap’s express written consent; or
7.1.12. User shall not (directly or indirectly) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website, or harvest or scrape any content from the Website.
7.1.13. User hereby undertakes that he/she will not, and will not permit or authorize third parties to use the Website in any way that:
7.1.13.1. Advertises transactions offered on other websites;
7.1.13.2. for any commercial purpose other than for dealing, contracting and fulfilment of Transactions;
7.1.13.3. is defamatory, abusive, harassing, threatening, racially, or constitute an invasion of a right of privacy of another person, or otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; or
7.1.13.4. post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any third party.
7.1.14. User will not permit or authorize third parties to:
7.1.14.1. take any action intended to circumvent or disable the operation of any security feature or measure of the Website;
7.1.14.2. publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the Website, or any portion thereof, to any third party; or
7.1.14.3. modify, reproduce, or create derivative works from the Website or any part thereof.
7.1.15. Any other activity reasonably deemed by Skymap to be in conflict with the intent of these Terms and Conditions of use or any applicable local, state, national or international law or regulation.

8. WARRANTY DISCLAIMERS

8.1. The statements, content or information contained on the Website provide general information about Skymap and our products and are presented for informational purposes only. The content or information on the Website at times may become out of date or include omissions or other errors. The Website and Platform are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Website and/or Platform will meet User’s requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content or information including the AI/ML Models and imagery data provided on the Website.
8.2. Content on the Site is being furnished to you for informational purposes only. The data herein does not take into account individual client circumstances, objectives, or needs and are not intended as recommendations of particular data set, selection of AI/ML models, and strategy for analysis of imagery data. Although the information contained on the Website has been obtained from sources we believe to be reliable, its accuracy and completeness cannot be guaranteed, and Skymap shall have no liability based upon the information contained herein. The recipient of this Content must make its own independent decisions regarding any suggestion of use of imagery data, AI/ML model or strategy for analysis mentioned herein.
8.3. We make no guarantee regarding quality, accuracy, truthfulness, completeness, reliability, and ownership of any personal content such as, but not limited to, the imagery data, AI/ML models, and analysed results uploaded/shared/sold/offered for sale by the Users over the Website and/or Platform.
8.4. We do not guarantee that any content will be made available on the Website all the time. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these Terms and conditions of Use), or for no reason at all, and (ii) to remove or block any Content/user from the Website.
8.5. User expressly acknowledges and agrees that use of the website is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is solely with the User.

9. LICENSES

9.1. Skymap grants User a limited, non-exclusive, revocable, non-transferable, right and license to use the Service to upload Content to create 3D scenes and services that can be shared with others.
9.2. If you share your Content with others using the Service, a license will not be transferred and they will only be able to view your Content, but not copy, distribute, modify, or transmit it.

10. CONTENT OWNERSHIP AND USAGE RIGHTS

10.1. Data and information contained within the Website and Platform is being provided solely for the recipient Website visitor. The Website and Platform contain proprietary information of Skymap, and information contained on the Website and Platform shall not be forwarded, distributed or otherwise disseminated without the prior approval of Skymap.
10.2. Any Site content, or derivative works of such content, approved for distribution must be marked © Skymap Global/EOfactory 2020.
10.3. Skymap, its subsidiaries and its licensors exclusively own all worldwide right, title and interest in and to the Website and Platform, including all intellectual property rights therein, including but not limited to, trademarks, the “look and feel” of the Sites, its colour combinations, layout, and all other graphical elements, and the copyright in and to its original content, and patents covering the proprietary technology. User should assume that everything they read or see on the Website and Platform (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is copyrighted or otherwise protected and owned by Skymap or a third party who licensed the right to use such content to Skymap. Unless otherwise noted, nothing that you read or see on the Sites or other website content, or any of the source code or HTML code that Skymap uses to generate the Website and Platform may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use or otherwise without the prior written consent of Skymap, except as expressly provided in these Terms or to the extent such restrictions are prohibited by law.
10.4. Any Content that a User posts or creates solely belongs to them. User retains all rights to their Content at all times. Others can only access it by an invitation from the User. Skymap will not verify, investigate or endorse any Content submitted to the Website and Platform or while availing the Service. The content posted or created by the User will be hosted by the Skymap for a duration of 1 (one) month after cancellation or end of subscription and after said 1 (one) month Skymap has right to delete the content any time. The User using pre-paid EOtokens will be allowed to host their content on the Platform for a duration of 1 (one) month, post this Skymap has right to delete the content any time.
10.5. Skymap will not disclose User’s Content to any government or third party except as required to comply with the law or a binding order of a governmental body. Unless prohibited by law, we will give User notice of such request. We will only use your personal information in accordance with the Privacy Policy, and your consent to such usage.
10.6. User is also solely responsible for their Content and consequences of posting it on Website and Platform. Skymap expressly disclaims all liability in connection with the User’s Content.

11. SUBSCRIPTION PLANS AND PRICING

11.1. Service plans and fees, including monthly subscriptions plans, free subscription plans, use of prepaid EOtokens and all other plan variations are subject to change upon 30 days’ notice from us. Skymap will not be liable to User or to any third-party for any modifications, or price change to the Service plans and fees and service associated with it.
11.2. Login to view the fee schedule effective
11.3. The fee schedule provides information and fee rates for Skymap’s services. All payments must be paid in U.S. dollars for the full amount of the fee required. View the Accepted Payment Methods page or call us at +6562845139 or e-mail support@eofactory.ai for assistance.
11.4. SCAM ALERT - Warning about non- Skymap solicitations requesting payments that are sent by numerous companies unaffiliated with Skymap.

12. INACTIVE USER ACCOUNTS POLICY

12.1. We reserve the right to terminate unpaid/free User accounts that are inactive for a continuous period of 60 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity.

13. CANCELLATION AND REFUND POLICY

13.1. User can cancel their subscription at any time. Please note that User must cancel subscription before it renews for a subsequent month in order to avoid being charged for the next month’s subscription fee. Upon cancellation of subscription by the User, the EOtokens will not be reset from user’s account. If User cancels subscription, the cancellation will become effective at the end of the then-current monthly subscription. REFUNDS WILL NOT BE PROVIDED FOR ANY CANCELLATION OF THE SUBSCRIPTION. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-MONTH. In such a circumstance, you will continue to have access to your subscription until the end of the monthly billing cycle.

14. LIMITATION OF LIABILITY

14.1. In no event shall Skymap, its shareholders, directors, officers or employees, be liable for any personal injury, or any special, incidental, punitive, consequential or indirect damages, including labour costs, loss of data, loss of goodwill, loss of profits, loss of savings, loss of business information, or loss of use or other pecuniary loss, in connection with or arising out of these terms and conditions of use, your use of or inability to use the website, however caused, on any theory of liability, regardless of whether Skymap has been advised of the possibility of such damages. In no case shall the aggregate liability of Skymap and its shareholders, directors, officers and employees under these terms and conditions or arising out of or otherwise related to your use of the website exceeds US Dollars 100 (US$ 100.00).
14.2. Without derogating from the foregoing, Skymap assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of our servers, website and/or any and all personal information and/or imagery data, AI/ML models and results stored therein, (iii) any interruption or cessation of transmission to or from our service and/or website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service and/or website through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website and Platform.

15. INDEMNIFICATION

15.1. User agrees to defend, indemnify, and hold harmless Skymap, its officers, directors, shareholders, employees, agents, contractors, and third party contributors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including, but not limited to, attorney’s fees) arising from:
15.1.1. use and access of the Service by the User;
15.1.2. violation of any term of this Agreement by the User;
15.1.3. violation of any third-party right, including without limitation, any copyright, patent, trademark, privacy or other right by the User; or
15.1.4. Any claim that User’s Content caused damage to a third party

16. ASSIGNMENT

16.1. You shall not assign these Terms or any of your rights under this Agreement without the express, prior written consent of Skymap. Absent such consent, any attempted assignment is null and void.

17. ACCESS AND MAINTENANCE

17.1. We have the right to conduct platform maintenance at such times and frequencies as we decide, and we are not liable to you for any disruption or interuption to the Services and/or your access to the Services which may result.

18. GOVERNING LAW

18.1. These Terms and any action related thereto will be governed by the laws of Singapore without regard to its conflict of law provisions. The Skymap and User expressly consent to personal and exclusive jurisdiction in the federal and state courts located in Singapore.

19. TERMINATION

19.1. Skymap, in its sole discretion, may temporarily suspend or permanently discontinue the Service, or your use of the Service, at any time, without prior notice. Upon suspension or discontinuation of the Service, the limited licenses and rights given by this agreement will automatically terminate and User, or others using your content, may no longer have access to the data that you stored on the site after that.
19.2. User may also choose to cancel their account at any time. After cancelation or termination of their account, Skymap will make reasonable attempts to promptly remove User’s Content from the Website and/or Platform. However, caching of or references to User’s Content may not be immediately removed.
19.3. Skymap will not be liable for any damages, losses, or other consequences that User may incur as a result of any suspension or termination of the Service or your account.
19.4. Upon any termination, discontinuation or cancellation of the Website, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
If you have any questions or concerns regarding this Agreement, please contact us at support@eofactory.ai