Beta Services Addendum

1. Applicability

1.1 This Beta Services Addendum applies only where ClearSKY expressly makes a service, feature, API, model, workflow, data product, dashboard, environment, or other functionality available as beta, preview, early access, experimental, evaluation, pilot, or similar non-generally-available functionality (the "Beta Services").

1.2 This Addendum applies in addition to the customer's applicable commercial agreement with ClearSKY, including the Master Terms of Service, any applicable order form, and any applicable service-specific terms.

1.3 This Addendum does not apply to ClearSKY's free public browser tools, such as polygon.clearsky.vision or tiles.clearsky.vision. Those tools are governed by the Free Tools Terms.

2. Nature of Beta Services

2.1 Beta Services are made available for testing, evaluation, feedback, validation, or early operational learning. They may be incomplete, unstable, delayed, error-prone, limited in functionality, or unsuitable for production use.

2.2 Beta Services may change materially, including changes to features, models, limits, interfaces, APIs, output formats, data sources, storage behaviour, pricing, documentation, and availability.

2.3 ClearSKY may add, modify, suspend, restrict, retire, or discontinue any Beta Service at any time.

3. No SLA or Production Commitment

3.1 Beta Services are excluded from any SLA, uptime guarantee, timeliness commitment, support response commitment, reprocessing remedy, service credit, quality remedy, or production-service commitment unless ClearSKY expressly states otherwise in writing.

3.2 Customer should not rely on Beta Services for production workflows, mission-critical operations, legal verification, compliance use, regulatory reporting, safety-critical decisions, or sole-copy storage.

3.3 ClearSKY may provide support for Beta Services at its discretion, but has no obligation to provide any minimum support level unless expressly agreed in writing.

4. Access, Limits, and Suspension

4.1 Access to Beta Services may require invitation, approval, a ClearSKY account, a specific plan, a technical enablement step, or an order form.

4.2 ClearSKY may impose or change rate limits, usage limits, storage limits, feature caps, concurrency limits, geographic limits, source data limits, and other restrictions for Beta Services.

4.3 ClearSKY may suspend, throttle, restrict, or revoke access to Beta Services where ClearSKY reasonably believes this is needed to protect security, integrity, availability, legal compliance, third-party rights, capacity, or other customers.

5. Data and Retention

5.1 Customer retains ownership of Customer Data submitted to Beta Services. Customer grants ClearSKY the rights needed to host, copy, process, transmit, store, test, secure, monitor, troubleshoot, improve, and provide the Beta Services.

5.2 Customer is responsible for exporting and retaining its own copies of important Customer Data, configurations, results, and outputs. Beta Services are not backup, archive, compliance, or sole-copy storage services.

5.3 ClearSKY may delete, archive, or stop retaining beta-related Customer Data, configurations, logs, results, or outputs after inactivity, feature retirement, access termination, or discontinuation, subject to applicable law and reasonable backup, audit, billing, security, and compliance retention.

6. Outputs and Validation

6.1 Beta Service outputs may be incomplete, inferred, delayed, inaccurate, inconsistent, or based on experimental models, workflows, data fusion methods, harmonisation methods, source data, or cloud mask logic.

6.2 Customer is responsible for independently validating Beta Service outputs before relying on them and must not treat them as final production outputs unless ClearSKY expressly agrees otherwise in writing.

7. Privacy and Security

7.1 ClearSKY will process personal data in Beta Services in accordance with the applicable agreement, the Privacy Policy, and, where ClearSKY acts as processor for Customer, the Data Processing Addendum.

7.2 Customer must not submit special-category personal data, sensitive personal data, regulated data, or data subject to heightened legal protection to Beta Services unless ClearSKY has expressly agreed in writing.

8. Feedback

8.1 If Customer or its users provide feedback, ideas, comments, reports, suggestions, or other input about Beta Services, ClearSKY may use them without restriction or obligation, including to improve, commercialise, or modify ClearSKY services.

9. Confidentiality

9.1 Non-public Beta Services, related documentation, technical details, performance information, roadmaps, and communications are ClearSKY confidential information unless ClearSKY states otherwise in writing.

10. Disclaimers

10.1 To the maximum extent permitted by law, Beta Services are provided on an "as is" and "as available"basis without warranties of any kind, whether express, implied, statutory, or otherwise.

10.2 ClearSKY does not warrant that Beta Services will be accurate, complete, secure, available, uninterrupted, error-free, retained, suitable for production, or compatible with Customer's systems or workflows.

11. Liability

11.1 To the maximum extent permitted by law, ClearSKY will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, business, data, Customer Data, outputs, or business interruption, arising out of or relating to Beta Services.

11.2 To the maximum extent permitted by law, ClearSKY's aggregate liability arising out of or relating to Beta Services will not exceed the amount paid by Customer specifically for the affected Beta Service during the twelve (12) months before the event giving rise to the claim, or EUR 100 if no amount was paid specifically for that Beta Service.

11.3 Nothing in this Addendum excludes or limits liability that cannot lawfully be excluded or limited.

12. Conflict

12.1 If this Addendum conflicts with the customer's base agreement, this Addendum controls only for the Beta Services. All other terms of the base agreement remain in effect.