Data Service Terms

1. Applicability

1.1 These Data Service Terms apply to Customer’s access to and use of ClearSKY’s paid satellite-derived data products, ordering APIs, processing APIs, delivery mechanisms, and related data processing and harmonization services (collectively, the "Data Services").

1.2 These Data Service Terms supplement the Master Terms of Service. Capitalized terms not defined here have the meanings given in the Master Terms of Service.

1.3 In the event of a conflict between these Data Service Terms and the Master Terms of Service, these Data Service Terms control solely with respect to the Data Services.

2. Definitions

2.1 "AOI" or "Area of Interest" means the geographic area identified by Customer for which Data Services are requested.

2.2 "Delivered Data" means data, imagery, outputs, files, tiles, composites, metadata, derived layers, or other results made available to Customer through the Data Services.

2.3 "Historical Data" means Delivered Data generated for dates prior to the current day or other then-current operational reference date used by ClearSKY.

2.4 "Live Data" means Delivered Data generated and made available on an ongoing basis for recent or newly processed observation dates.

2.5 "Order" means a request submitted by or on behalf of Customer for the provision of Data Services, whether on a one-time, recurring, subscription, prepaid, or usage-based basis.

2.6 "Source Data" means third-party or upstream data inputs used by ClearSKY in connection with the Data Services, including satellite imagery, geospatial data, and related metadata.

3. Description of the Data Services

3.1 The Data Services provide hosted software, APIs, and processing services for ordering, generating, transforming, harmonizing, estimating, storing, and delivering satellite-derived and geospatial outputs.

3.2 Delivered Data may include, depending on the applicable Service, plan, or Order, cloud-free composites, harmonized outputs, atmospherically corrected outputs, upsampled products, derived layers, historical outputs, live outputs, and other model-based or rules-based results.

3.3 The characteristics of Delivered Data, including available formats, bands, resolutions, revisit frequencies, coverage, storage periods, delivery methods, and supported ordering modes, are as described in the applicable Order Form and Documentation.

3.4 ClearSKY may use its own models, workflows, rules, processing pipelines, and third-party infrastructure to provide the Data Services.

4. Nature of Delivered Data

4.1 Customer acknowledges that the Data Services may generate estimated, inferred, reconstructed, harmonized, enhanced, or otherwise derived outputs based on Source Data and ClearSKY’s proprietary or licensed processing methods.

4.2 Delivered Data may contain inaccuracies, omissions, artifacts, distortions, delays, gaps, inconsistencies, or quality limitations arising from Source Data limitations, model limitations, processing assumptions, atmospheric conditions, orbital constraints, upstream outages, or other factors.

4.3 Delivered Data is not guaranteed to be complete, error-free, uninterrupted, or suitable for any specific operational, agronomic, regulatory, insurance, financial, safety-critical, or other purpose unless expressly stated in a signed written agreement.

4.4 Customer is solely responsible for independently reviewing and validating Delivered Data before relying on it in production systems or for material business, legal, regulatory, or safety-related decisions.

5. Source Data Dependencies

5.1 The Data Services depend in whole or in part on Source Data and other third-party inputs, systems, and providers. Availability, timeliness, completeness, quality, and continuity of Delivered Data may therefore be affected by delays, outages, access restrictions, quality issues, licensing changes, or failures outside ClearSKY’s reasonable control.

5.2 ClearSKY may modify processing methods, substitute inputs, exclude unavailable inputs, or apply fallback workflows where reasonably necessary to continue operating the Data Services.

5.3 Unless expressly stated in the applicable Service Level Agreement or a signed written agreement, ClearSKY does not commit to any specific delivery time, refresh schedule, or inclusion of any particular Source Data provider or source type.

6. Orders, Configuration, and Processing

6.1 Customer may submit Orders through ClearSKY’s dashboard, APIs, or other approved ordering channels.

6.2 Orders must comply with the then-current Documentation, including technical submission requirements, supported formats, AOI rules, coordinate systems, geometry rules, tile rules, and other operational requirements published by ClearSKY from time to time.

6.3 ClearSKY may reject, suspend, cancel, or require correction of an Order that is incomplete, technically invalid, non-compliant with the Documentation, unsupported, duplicative, unpaid, suspicious, or not feasible to process.

6.4 An Order is not binding on ClearSKY until accepted by ClearSKY through the applicable ordering flow, dashboard status change, API confirmation, invoice, written confirmation, or commencement of processing.

6.4A If ClearSKY has expressly enabled Customer for automatic acceptance for specified ordering flows, Services, or accounts, eligible Orders may be accepted automatically upon submission through the approved ordering flow without manual review. Customer acknowledges that automatic acceptance may cause processing and billable activity to begin immediately and that Customer bears the resulting billing risk for accepted Orders submitted through such enabled flows.

6.5 Once processing has started, Customer may not cancel or modify an Order except as expressly permitted by the applicable ordering flow, Documentation, or by ClearSKY in writing. ClearSKY may treat material changes to scope, AOI, configuration, frequency, resolution, storage, or requested inputs as a new Order.

6.6 Unless otherwise expressly stated in the applicable Order Form, Documentation, or signed written agreement, a recurring Order renews automatically for each new Calendar Month until cancelled. Customer may cancel a recurring Order effective at the end of the current Calendar Month by completing the cancellation before 23:59:59 CET/CEST on the last day of that Calendar Month. If cancellation is submitted after that cutoff, it will take effect at the end of the next Calendar Month.

7. Delivery, Storage, and Re-Download

7.1 ClearSKY may deliver or make Delivered Data available through one or more methods, including APIs, downloads, dashboards, buckets, push-based delivery, or other delivery mechanisms described in the applicable Documentation or commercial terms.

7.2 Delivery windows, refresh targets, storage periods, retention periods, re-download rights, and any included download, storage, or access entitlements are determined by the applicable subscription plan, Order Form, commercial terms, Documentation, and, where applicable, the Service Level Agreement.

7.3 Unless expressly stated otherwise, ClearSKY has no obligation to retain Delivered Data indefinitely. Access to Delivered Data, re-download rights, and storage or retention entitlements may expire or end in accordance with the applicable commercial terms, Order Form, Documentation, or plan limits.

7.4 Customer is responsible for downloading, exporting, or otherwise preserving Delivered Data it wishes to retain before the end of the applicable retention period.

8. Commercial Terms Specific to Data Services

8.1 Pricing for the Data Services may depend on factors such as service type, model selection, ordering mode, AOI size, tile count, frequency, storage duration, delivery method, plan tier, usage volume, top-ups, and other configuration variables described in the applicable pricing page, Order Form, or Documentation.

8.2 ClearSKY may apply minimum billable units, rounding rules, deduplication rules, usage tiers, progressive discounts, prepaid credits, top-ups, validity periods, storage fees, retention-linked charges, delivery charges, and re-download fees where described in the applicable commercial terms, Order Form, pricing page, or Documentation.

8.3 Unless expressly stated otherwise in an Order Form, signed written agreement, or the applicable commercial terms at the time of purchase, pricing details and operational billing rules may be updated prospectively in accordance with the Master Terms of Service. Such updates will apply only to future Orders, future renewals, future billing periods, or future top-ups, and will not retroactively change fees or entitlements for Orders already accepted by ClearSKY or credits already purchased.

9. License to Delivered Data

9.1 Subject to Customer’s compliance with these Data Service Terms, the Master Terms of Service, the applicable Order Form, and payment of all applicable fees, ClearSKY grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license during the applicable term to access, use, reproduce, and internally distribute Delivered Data for Customer’s internal business purposes.

9.2 Customer may allow its Authorized Users, Affiliates, and contractors to access and use Delivered Data on Customer’s behalf, provided that Customer remains responsible for their compliance with these Data Service Terms, the Master Terms of Service, and other applicable terms, and such parties are bound by confidentiality and use restrictions no less protective than those in those terms.

9.3 Customer may create analyses, reports, internal models, and other derivative works based on Delivered Data for its internal business purposes.

9.4 Any broader rights, including customer-facing redistribution, sublicensing, reseller rights, OEM rights, external platform rights, or white-label use, require ClearSKY’s prior written agreement.

9.5 Unless expressly stated otherwise in the applicable Order Form or signed written agreement, Customer’s license to Delivered Data that was validly delivered and fully paid for before expiration, cancellation, downgrade, or termination survives such expiration, cancellation, downgrade, or termination solely for Customer’s continued internal business use in accordance with these Data Service Terms, the Master Terms of Service, and any applicable third-party restrictions.

9.6 Continued access to previously delivered and fully paid Delivered Data may be provided through the then-current account plan, including the Free Plan if then offered by ClearSKY, subject to the applicable plan entitlements, retention rules, storage limits, and Documentation.

9.7 For clarity, survival of the license to previously delivered and fully paid Delivered Data does not require ClearSKY to retain, host, or provide indefinite re-download access to such Delivered Data beyond the applicable retention period, storage entitlement, or then-current delivery mechanism.

10. Restrictions on Delivered Data and Data Services

10.1 Except to the extent expressly permitted in a signed written agreement, Customer must not, and must not permit any third party to:

• resell, sublicense, publish, distribute, transfer, or make available raw Delivered Data or substantially similar outputs to any third party;
• use the Data Services or Delivered Data to operate a competing, substitute, or pass-through data service, API, or dataset offering;
• expose Delivered Data in a manner that allows a third party to extract, download, bulk copy, or reconstruct a materially similar dataset;
• use the Data Services or Delivered Data for benchmarking or public comparative testing intended for publication without ClearSKY’s prior written consent;
• remove, obscure, or falsify proprietary notices, source notices, attribution notices, or metadata required by ClearSKY or applicable third-party terms; or
• use the Data Services or Delivered Data in violation of the Acceptable Use Policy.

10.2 Customer may not claim ownership of ClearSKY’s underlying Services, models, processing methods, or raw Delivered Data merely by receiving or using Delivered Data.

11. Customer Sharing and External Use

11.1 Customer may share Delivered Data internally within its own organization and with its Affiliates and contractors to the extent reasonably necessary for Customer’s internal business operations, subject to these Data Service Terms, the Master Terms of Service, and any other applicable terms.

11.2 Except as expressly permitted under Sections 9.2 and 11.1 or in a signed written agreement, Customer must not provide Delivered Data to end customers, clients, partners, resellers, or other third parties as a standalone data product or as a substitute for the Data Services.

11.3 If Customer becomes aware of unauthorized access to or unauthorized disclosure of Delivered Data, Customer must promptly notify ClearSKY and take reasonable steps to contain and mitigate the issue.

12. Support, Quality, and Service Levels

12.1 Support entitlements, onboarding entitlements, quality remedies, availability commitments, and timeliness commitments for the Data Services, if any, depend on the applicable subscription plan, Order Form, applicable support terms, and, where relevant, the Service Level Agreement.

12.2 Unless expressly stated in the Service Level Agreement or a signed written agreement, ClearSKY has no obligation to provide any specific response time, reprocessing right, service credit, availability target, or next-day delivery commitment.

12.3 Any remedies expressly set out in the Service Level Agreement are Customer’s sole and exclusive remedies for the corresponding service level failures.

13. Third-Party Data and Attribution

13.1 The Data Services may incorporate, depend on, or derive from third-party and open data sources, including Copernicus Sentinel data and other upstream datasets, each of which may be subject to applicable third-party notices, attribution obligations, disclaimers, and license conditions.

13.2 Customer must comply with any third-party attribution, pass-through, and use requirements identified in the applicable Documentation or with the Delivered Data.

13.3 Where Delivered Data includes or is derived from modified Copernicus Sentinel data, Customer must include any required attribution notices when publishing, redistributing, or externally presenting such materials, in accordance with the Documentation and applicable source-data terms.

13.4 ClearSKY may update attribution language and source notices from time to time to reflect changes in upstream requirements or service configuration.

13.5 If expressly stated in the applicable Order Form or separate written agreement, Customer will include ClearSKY attribution or branding in the agreed locations, format, and scope for the relevant Data Services or Delivered Data. Any such ClearSKY-specific attribution is separate from, and in addition to, any third-party source attribution requirements that independently apply.

14. Changes to the Data Services

14.1 ClearSKY may update the Data Services, including available models, processing methods, technical workflows, supported inputs, delivery mechanisms, supported formats, and supported ordering modes, from time to time.

14.2 ClearSKY will not materially reduce the core contracted functionality of a paid Data Service during the then-current Subscription Term except where reasonably required for security, legal, regulatory, third-party dependency, operational integrity, or abuse-prevention reasons.

14.3 ClearSKY may update the Documentation for the Data Services from time to time, including technical requirements, operational limits, supported configurations, and source-data handling rules.