Data Service Terms

1. Applicability

1.1 These Data Service Terms apply to ClearSKY's paid data fusion, harmonization, cloud mask, satellite-derived data, ordering API, processing API, delivery, and related geospatial data 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 If these Data Service Terms conflict with the Master Terms of Service, these Data Service Terms control only for the Data Services. General account, payment, confidentiality, suspension, liability, and governing-law terms remain in the Master Terms unless these Data Service Terms expressly say otherwise.

2. Data Service Definitions

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

2.2 "Customer Application" means Customer's own software application, platform, dashboard, workflow, report, or service that has substantial functionality independent of the Delivered Data and through which Customer provides its own products or services to End Users.

2.3 "Customer Output" means visualizations, rendered map views, non-bulk map layers, rendered images, charts, reports, alerts, scores, recommendations, annotations, field-level summaries, and other outputs generated by or displayed through a Customer Application using Delivered Data, including true-color, false-color, NDVI, vegetation index, cloud-mask, and similar visual outputs, but excluding raw Delivered Data, machine-readable Delivered Data, bulk exports, standalone data layers, and substantially similar datasets.

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

2.5 "End User" means an individual or entity that accesses or receives Customer's products or services through a Customer Application, and not as a direct customer of ClearSKY.

2.6 "Historical Data" means Delivered Data generated for observation dates before the current day or another operational reference date used by ClearSKY.

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

2.8 "Permitted Application Use" means Customer's use of Delivered Data to create, display, and make available Customer Outputs to End Users through a Customer Application, including interactive viewing, non-bulk reports, rendered images, charts, alerts, and field-level summaries, provided that End Users cannot access, download, export, extract, bulk copy, scrape, or reconstruct raw Delivered Data, machine-readable Delivered Data, bulk exports, standalone data layers, or any substantially similar dataset.

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

2.10 "Model" means an artificial intelligence model, data-fusion model, harmonization model, cloud-mask model, processing workflow, model version, product variant, or other ClearSKY processing configuration used to generate Delivered Data.

2.11 "Source Input" means a satellite constellation, sensor, upstream dataset, source-data provider, ancillary dataset, metadata source, or other input used or requested in connection with a Model or Data Service.

2.12 "Required Source Input" means a Source Input that is required for, or included by default with, a particular Model, model version, product, or Data Service configuration. Unless the applicable pricing page, Documentation, Order, or signed written agreement states otherwise, Required Source Inputs are included in the applicable Model or Data Service rate.

2.13 "Optional Source Input" means a Source Input that Customer may select, enable, request, restrict, or add to a Data Service order where supported. Optional Source Inputs may be unavailable for some Models, geographies, date ranges, ordering modes, or account configurations, and may be subject to additional fees.

2.14 "Supported Configuration" means a combination of Model, model version, Source Inputs, AOI, tile or minitile selection, geography, date range, observation date, reference date, cadence, image frequency, resolution, products, bands, storage, delivery method, account permissions, and other order settings that ClearSKY supports under the applicable Order, Documentation, account rules, and technical constraints.

2.15 "Billing Month" means a calendar month measured in CET/CEST unless the applicable Order, pricing page, Documentation, or signed written agreement states otherwise.

2.16 "Eligible Usage Spend" means the EUR amount of accepted and billable Data Service usage for Customer during a Billing Month, excluding VAT, sales tax, withholding tax, service credits, payment fees, and amounts that are not usage-based Data Service fees, unless the applicable Order, pricing page, Documentation, or signed written agreement expressly includes them. Eligible Usage Spend may be calculated after applying applicable order-type factors, minimum billable units, tile or minitile factors, usage multipliers, and other pricing rules described in the applicable commercial terms, Order, pricing page, ordering flow, or Documentation.

2.17 "Required Attribution Notice" means the source-data, licence, provenance, disclaimer, and attribution notice specified by ClearSKY for Delivered Data or Customer Outputs, including any notice identified in the applicable Documentation, Order, ordering flow, Delivered Data metadata, delivery files, API response, or other written ClearSKY instruction.

3. Description of the Data Services

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

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

3.3 Available Models, model versions, Required Source Inputs, Optional Source Inputs, supported satellite constellations, formats, bands, resolutions, revisit frequencies, coverage, storage periods, delivery methods, ordering modes, and operational limits are described in the applicable Order, Documentation, ordering flow, pricing page, or commercial terms.

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

3.5 Customer acknowledges that availability, coverage, resolution, revisit frequency, image frequency, timeliness, quality, completeness, and suitability of Delivered Data may vary by Model, model version, Source Input, satellite constellation, AOI, ordering mode, geography, date range, season, atmospheric conditions, upstream source-data availability, and other technical or operational factors.

4. Nature and Limits of Delivered Data

4.1 Customer acknowledges that Delivered Data may be estimated, inferred, reconstructed, harmonized, enhanced, masked, interpolated, or otherwise derived from Source Data and ClearSKY's proprietary or licensed processing methods.

4.2 Delivered Data may contain inaccuracies, omissions, artifacts, distortions, gaps, latency, inconsistencies, false positives, false negatives, 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, cadastral, surveying, legal, or other purpose unless expressly stated in a signed written agreement.

4.4 Customer is 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 and Third-Party 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 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 needed to continue operating, securing, improving, or supporting the Data Services, provided that any such substitution or fallback is consistent with the applicable Order, Documentation, and accepted Supported Configuration. If an accepted Order specifies permitted Source Inputs or satellite constellations, ClearSKY will use only those permitted inputs unless the Order, Documentation, or ordering flow allows fallback or substitution.

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, source-data provider, source type, observation date, or source-data availability.

5.4 If Customer selects, restricts, excludes, or requires particular Source Inputs or satellite constellations, Customer acknowledges that the selected configuration may affect availability, feasibility, price, delivery timing, quality, completeness, revisit frequency, SLA eligibility, and resulting Delivered Data. ClearSKY may reject, suspend, cancel, require correction of, or manually review any order where the requested Model, Source Inputs, satellite constellations, geography, date range, cadence, reference date, or other settings are unsupported, unavailable, technically infeasible, commercially unreasonable, or outside Customer's enabled account rules.

6. Data Orders, Configuration, and Processing

6.1 Customer may submit Data Service orders through ClearSKY's dashboard, APIs, order forms, quotes, or other approved ordering channels.

6.2 Data Service orders may include a Model, model version, Source Inputs, satellite constellations, AOIs, tile grid IDs, minitile grid IDs, from and to months, observation dates, reference dates, cadence, image frequency, resolution, products, bands, output formats, delivery settings, processing settings, storage settings, API/download settings, and other service parameters.

6.3 Data Service orders must comply with the then-current Documentation, including technical submission requirements, supported formats, AOI rules, coordinate systems, geometry rules, tile and minitile rules, Model rules, model-version rules, Source Input rules, satellite-constellation rules, product rules, pricing rules, and operational limits.

6.4 ClearSKY may reject, suspend, cancel, manually review, or require correction of a Data Service order that is incomplete, technically invalid, non-compliant with the Documentation, unsupported, duplicative, unpaid, suspicious, outside enabled limits, commercially or operationally unreasonable, not feasible to process, or based on an unsupported or unavailable combination of Model, model version, Source Inputs, satellite constellations, AOI, order type, geography, date range, cadence, image frequency, reference date, resolution, product, storage, or delivery settings.

6.5 If ClearSKY has enabled Customer for automatic acceptance in a Data Service ordering flow, eligible orders may be accepted automatically upon submission. Customer acknowledges that automatic acceptance may cause processing, capacity reservation, third-party costs, and billable activity to begin immediately.

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

6.7 Unless otherwise expressly stated in the applicable Order, Documentation, or signed written agreement, a recurring Data Service order renews automatically for each new calendar month until cancelled. Customer may cancel a recurring Data Service 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.

6.8 Selection of a Source Input or satellite constellation in an order means that the selected input may be used where available, supported, and technically appropriate for the accepted Supported Configuration. Unless expressly stated in the applicable Order, SLA, or signed written agreement, selection of a Source Input or satellite constellation does not guarantee that such input will be available, used, visible, represented, or independently identifiable in every item of Delivered Data.

6.9 Required Source Inputs and Optional Source Inputs may differ by Model, model version, product, geography, date range, ordering mode, and account configuration. ClearSKY may require Customer to split orders, change settings, select another Model, remove unsupported Source Inputs, or submit a new order where Customer's requested configuration is not supported.

7. Delivery, Storage, Retention, 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, commercial terms, Documentation, and, where applicable, the SLA.

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, 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. Data Service Pricing, Usage Tiers, and Billing Rules

8.1 Pricing for the Data Services may depend on factors such as service type, Model selection, model version, Required Source Inputs, Optional Source Inputs, satellite constellations, ordering mode, AOI size, tile count, minitile count, frequency, cadence, storage duration, delivery method, plan tier, usage volume, top-ups, and other configuration variables described in the applicable pricing page, Order, ordering flow, commercial terms, or Documentation.

8.2 Unless expressly stated otherwise in the applicable Order, pricing page, Documentation, or signed written agreement, quantity discounts and spend tiers for Data Services are calculated by reference to Customer's Eligible Usage Spend during the relevant Billing Month. Spend tiers are based on EUR usage amounts and not solely on ordered area, number of orders, number of outputs, number of tiles, or number of minitiles.

8.3 Unless expressly stated otherwise, Eligible Usage Spend is aggregated across Customer's accepted and billable Data Service orders within the same account during the same Billing Month. ClearSKY is not required to aggregate usage across separate legal entities, separate customer accounts, reseller end customers, affiliates, workspaces, or projects unless the applicable Order, commercial terms, or signed written agreement expressly says so.

8.4 Different Models, model versions, products, Source Inputs, ordering modes, tile or minitile order types, delivery methods, storage options, and other configurations may have different prices at the same spend tier. Reaching a spend tier does not mean that all Models, products, configurations, or services have the same unit price. The applicable price is determined by the relevant rate table, pricing page, ordering flow, Order, commercial terms, or Documentation in effect for the accepted order.

8.5 Unless expressly stated otherwise, spend-tier pricing is progressive and prospective within the Billing Month. A lower rate applies only to eligible usage accepted, processed, or made billable after the relevant spend threshold has been reached. Usage accepted, processed, delivered, or billed before a threshold is reached is not retroactively repriced, credited, or refunded merely because Customer later reaches a higher spend tier.

8.6 Spend tiers reset at the start of each Billing Month unless the applicable Order, pricing page, Documentation, or signed written agreement states otherwise. Unused tier progress, unused discounts, unused included usage, and unused monthly entitlements do not roll over to a later Billing Month unless expressly stated.

8.7 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, pricing page, ordering flow, or Documentation. Amounts shown in dashboards, calculators, APIs, or ordering flows may be estimates until the relevant order is accepted, processed, metered, invoiced, or otherwise confirmed by ClearSKY.

8.8 Unless expressly stated otherwise in an Order, signed written agreement, or the applicable commercial terms at the time of purchase, pricing details, spend thresholds, rate tables, discount structures, and operational billing rules may be updated prospectively in accordance with the Master Terms of Service. Such updates 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, 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 and, unless the applicable Order states otherwise, for Permitted Application Use.

9.2 Customer may allow its Authorized Users, Affiliates, and contractors to access and use Delivered Data on Customer's behalf, provided Customer remains responsible for their compliance and such parties are bound by confidentiality and use restrictions no less protective than those in the Agreement. Customer may also make Customer Outputs available to End Users through a Customer Application as part of Permitted Application Use, including rendered map views, non-bulk reports, charts, alerts, field-level summaries, and similar application outputs, provided that Customer remains responsible for the Customer Application and does not grant End Users any ownership, sublicense, standalone access right, bulk download right, extraction right, or redistribution right to Delivered Data.

9.3 Customer may create analyses, reports, internal models, derived insights, Customer Outputs, and other derivative works based on Delivered Data for Customer's internal business purposes and Permitted Application Use, provided those outputs do not constitute raw Delivered Data, a substantially similar dataset, or a substitute for the Data Services.

9.4 Any broader rights, including resale, sublicensing, raw data redistribution, bulk download rights, standalone dataset rights, API access to Delivered Data, tile-service redistribution, OEM rights, white-label redistribution, marketplace distribution, syndication, or use in a competing or pass-through data service, require ClearSKY's prior written agreement.

9.5 Unless expressly stated otherwise in the applicable Order 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 and Permitted Application Use in accordance with the Agreement and any applicable third-party restrictions.

9.6 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 that 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 as permitted under Sections 9.2, 9.3, 11.1, or as 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, machine-readable Delivered Data, bulk exports, or substantially similar datasets to any third party;
• provide Delivered Data as a standalone data product, machine-readable dataset, bulk export, API, tile service, marketplace, or substitute for the Data Services;
• expose Delivered Data or Customer Outputs in a manner that allows a third party or End User to download, extract, bulk copy, scrape, or reconstruct Delivered Data or a materially similar dataset;
• use the Data Services or Delivered Data beyond the scope of the license granted in these Data Service Terms, the applicable Order, or a signed written agreement; 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, workflows, Source Data rights, or raw Delivered Data merely by receiving or using Delivered Data.

11. Customer Sharing, External Use, and Attribution

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 the Agreement and any other applicable terms. Customer may make Customer Outputs available to End Users through Customer Applications as part of Permitted Application Use.

11.2 Except as expressly permitted under Section 11.1, as part of Permitted Application Use, 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, machine-readable dataset, bulk export, API, tile service, or substitute for the Data Services.

11.3 The Data Services may incorporate, depend on, or derive from third-party and open data sources, including Copernicus Sentinel, Landsat, NASA, USGS, CBERS, Amazônia-1, INPE, ISRO/NRSC, and other upstream datasets, satellite constellations, sensors, metadata, and source materials. Customer must comply with all third-party attribution, notice, licence, disclaimer, pass-through, and use requirements identified in the applicable Documentation, Order, Delivered Data metadata, delivery files, API response, ordering flow, or other written ClearSKY instructions.

11.4 Customer must preserve and pass through the Required Attribution Notice when publishing, redistributing, externally presenting, displaying, exporting, or otherwise making available Delivered Data or Customer Outputs to End Users or other third parties. Attribution may be provided in a map attribution area, information icon, “Data sources” or “About” panel, report footer, export caption, metadata, documentation, or other reasonably visible or accessible location appropriate to the medium. For internal use only, Customer must preserve attribution, licence, and provenance metadata where reasonably practical but is not required to display visible attribution unless the applicable Order, Documentation, or source-data terms require it.

11.5 The Required Attribution Notice depends on the Source Inputs identified by ClearSKY for the relevant Data Service, Model, accepted Supported Configuration, Order, Delivered Data, or Customer Output. Customer is not responsible for independently determining satellite provenance, but must use and pass through the Required Attribution Notice provided or identified by ClearSKY in the applicable Documentation, Order, ordering flow, Delivered Data metadata, delivery files, API response, or other written instruction. If ClearSKY provides source-specific or per-order attribution metadata, that metadata controls for the relevant Delivered Data. Unless ClearSKY specifies a different notice, the following examples apply:

• For outputs that include or are derived from modified Copernicus Sentinel data: “Contains modified Copernicus Sentinel data [Year], processed by ClearSKY.”
• For outputs that include or are derived from Landsat data:“Contains Landsat data courtesy of the U.S. Geological Survey/NASA, processed by ClearSKY.”
• For outputs that include or are derived from both modified Copernicus Sentinel data and Landsat data:“Contains modified Copernicus Sentinel data [Year] and Landsat data courtesy of the U.S. Geological Survey/NASA, processed by ClearSKY.”
• For outputs that include or are derived from CBERS or Amazônia-1 data from INPE:“Contains modified CBERS/Amazônia-1 data from INPE/MCTI, licensed under CC BY 4.0, processed by ClearSKY.”

11.6 For attribution purposes, a Source Input is treated as materially used where ClearSKY identifies it in the applicable Order, Documentation, ordering flow, model configuration, Delivered Data metadata, delivery files, API response, or other written ClearSKY instruction as a Required Source Input, selected Optional Source Input, fallback Source Input, or other Source Input used or reasonably expected to contribute under the accepted Supported Configuration. This includes Source Inputs that contribute to pixels, values, bands, masks, estimates, reconstructed content, harmonized content, filled areas, classifications, analytics, or other substantive content of Delivered Data or Customer Outputs. A Source Input is not treated as materially used merely because it is referenced for internal testing, billing, routing, quality control, service monitoring, or operational logging and does not contribute, and is not reasonably expected to contribute, to the substantive output delivered to Customer.

11.7 Required Attribution Notices are source-data and provenance notices, not ClearSKY branding or co-branding. Customer may not use ClearSKY names, logos, marks, or “powered by” statements in marketing, public announcements, or promotional materials except as permitted in the Master Terms of Service, the applicable Order, or a separate written agreement.

11.8 Attribution must not suggest or imply endorsement by ClearSKY, the European Union, ESA, Copernicus, NASA, USGS, INPE, MCTI, ISRO, NRSC, or any other upstream provider unless that party has expressly approved the endorsement in writing.

11.9 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, delivery targets, timeliness commitments, and reprocessing rights for the Data Services, if any, depend on the applicable subscription plan, Order, support terms, and, where relevant, the SLA.

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, next-day delivery commitment, accuracy threshold, or completeness threshold.

12.3 Any remedies expressly set out in the SLA are Customer's sole and exclusive remedies for the corresponding service level failures.

13. Changes to the Data Services

13.1 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.

13.2 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.

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