Data Service Terms
Last updated: 2026/08/14
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 Europe/Copenhagen time unless the applicable Order or signed written agreement states otherwise.
2.16 "Monitoring Order" means a Data Service order under which ClearSKY monitors an accepted Active Footprint using a selected Supported Configuration for one or more complete Billing Months and makes Delivered Data available at the agreed Delivery Cadence. A Monitoring Order may be fixed-term or recurring.
2.17 "Monitoring Subscription" means a recurring Monitoring Order that renews for successive Billing Months until cancelled.
2.18 "Active Footprint" means the geographic coverage that is active and billable under a Monitoring Order. For Exact AOI coverage, it is the accepted AOI area, subject to any disclosed minimum billable area. For Grid Monitoring, it is the sum of the whole accepted mini-tile and full-tile blocks, with each coverage method measured and priced independently.
2.19 "Coverage Method" means Exact AOI, mini-tile, full tile, or another geographic billing method identified in the applicable pricing page, ordering flow, or Order.
2.20 "Delivery Cadence" means the agreed schedule at which ClearSKY makes Monitoring Delivered Data available. A Delivery Cadence does not mean that source-data acquisition and processing occur only on delivery days.
2.21 "Single Image Order" means a non-recurring Data Service order for one generated image or output for an accepted observation date and Supported Configuration.
2.21 "Published List Pricing" means the public rates, factors, minimums, and pricing rules shown on ClearSKY's applicable pricing page or ordering flow when an Order is accepted.
2.22 "Contracted Pricing" means pricing expressly agreed in an accepted Order or signed written agreement for a specific Customer, program, scope, or commitment.
2.23 "Priority Delivery" means an optional, capacity-limited initial-order-fulfillment priority for eligible order requests accepted with Priority Delivery. ClearSKY allocates additional resources across source-data retrieval and production. All Delivered Data included in initial fulfillment is made available within four elapsed hours after submission for 90% of eligible Priority Delivery Orders, subject to the scope, eligibility rules, limitations, and price shown in the applicable pricing page, ordering flow, or Order.
2.24 "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.
4.5 Where Delivered Data includes an Usability Score, probability layer, recommended threshold, mask, or usable-pixel summary, that output is an algorithmic quality signal based on the available Source Data and applicable model version. It may contain false positives, false negatives, or other errors and does not guarantee that any pixel, image, or dataset is suitable for Customer's particular purpose. Customer remains responsible for selecting appropriate thresholds and validating suitability for its workflow.
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. For a Monitoring Order, the selected From and To months are inclusive complete Billing Months. The To month may be historical or current but cannot be later than the then-current Billing Month. A Monitoring Order that includes the current Billing Month includes eligible scheduled dates from the beginning of that month, including dates before acceptance. Each selected month remains subject to source-data availability and the accepted Supported Configuration.
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, awaiting a required payment, submitted while Customer has overdue undisputed amounts, 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. An order request that remains in Review has not been accepted and is not charged. On acceptance, the full accepted price is recorded in accordance with the Master Terms of Service, and processing, capacity reservation, or third-party costs may begin immediately.
6.6 Acceptance is the charge-recording and non-cancellation point for a Data Service order. After acceptance, Customer may not cancel or modify the order except as expressly permitted by the applicable ordering flow, Documentation, or Order, agreed by ClearSKY in writing, or required by mandatory law. Accepted charges are non-refundable except where the Order states otherwise, ClearSKY agrees otherwise in writing, ClearSKY corrects a billing error, or mandatory law requires otherwise. ClearSKY may treat material changes to scope, AOI, configuration, frequency, resolution, storage, or requested inputs as a new order.
6.7 A fixed-term Monitoring Order ends after its selected To month. Unless otherwise expressly stated in the applicable Order, Documentation, or signed written agreement, a Monitoring Subscription renews automatically for each new Billing Month until cancelled. Customer may prevent the next Billing Month from renewing by completing an available cancellation method before 00:00 Europe/Copenhagen time on the first day of that month. At or after that cutoff, the new Billing Month has renewed and cancellation takes effect at the end of that Billing 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.
6.10 A request to add, remove, or change an Active Footprint, Coverage Method, Model, Optional Source Input, Priority Delivery, Delivery Cadence, commitment, storage option, or delivery option is effective only when accepted by ClearSKY. Unless an ordering flow or Order expressly permits an immediate change, an accepted change to a Monitoring Subscription takes effect for the next Billing Month.
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 and Billing Rules
8.1 Data Service pricing is determined by the product type and the accepted configuration. Depending on the Data Service, relevant factors may include the Coverage Method, Active Footprint, Model, Required Source Inputs, Optional Source Inputs, Priority Delivery, Delivery Cadence, commitment, observation date, storage, delivery method, and other options disclosed in the applicable pricing page, ordering flow, or Order. Subscription or support plan fees are priced separately from Data Service and imagery charges.
8.2 Before Customer submits an order request through a self-service ordering flow, ClearSKY will display the applicable price or a pricing basis from which the price can be determined. Once ClearSKY accepts the Order, the accepted price and configuration govern that Order. If a signed written agreement, accepted Order, or account-specific quote includes Contracted Pricing, that Contracted Pricing controls over Published List Pricing for its stated scope and term.
8.3 The monthly base price for a Monitoring Order is calculated using the accepted Active Footprint and the applicable Model rate for each Coverage Method. Exact AOI coverage is billed by the accepted AOI area, subject to any disclosed minimum billable area. Mini-tile and full-tile coverage is billed in whole accepted blocks. Where Coverage Methods are combined, each component retains its own applicable rate and is priced independently. The monthly price is fixed for the accepted Active Footprint, Model, Source Inputs, Delivery Cadence, and other accepted pricing options for that Billing Month; it is not recalculated from the number of observations or items of Delivered Data actually delivered during that month.
8.4 Published List Pricing does not aggregate unrelated orders or apply an automatic spend tier, volume tier, or retroactive discount. Contracted Pricing for a multi-tile, regional, country-scale, or other custom program applies only if ClearSKY expressly agrees to it in advance. No Customer is entitled to Contracted Pricing solely because its footprint, order count, or spend reaches a particular level.
8.5 Required Source Inputs are included in the applicable Model rate unless expressly stated otherwise. Optional Source Inputs are priced using the add-on amount or percentage disclosed for the selected configuration. Unless an Order expressly prices an Optional Source Input per use, the add-on applies across the complete Active Footprint for which it is enabled and is not reduced solely because the selected input is unavailable or not used in a particular item of Delivered Data.
8.6 If Priority Delivery is accepted, its disclosed add-on is calculated after Optional Source Input add-ons and before any Delivery Cadence or commitment adjustment, unless the Order states otherwise. Priority Delivery applies to initial fulfillment of eligible Orders. The target is measured separately for each eligible Priority Delivery Order from the submission time recorded by ClearSKY until all Delivered Data included in its initial fulfillment is made available. It is four elapsed hours for 90% of eligible Priority Delivery Orders. ClearSKY allocates additional resources across source-data retrieval and production in support of that target. Measuring from submission does not itself constitute acceptance, bind ClearSKY to an unaccepted request, require ClearSKY to begin work before acceptance, or override Review, Order Prepayment, contract-formation, or acceptance requirements. Ongoing Live Data remains governed by any applicable Timeliness Commitment, including delivery by 10:00 Europe/Copenhagen time on the applicable scheduled delivery day unless otherwise agreed. The Priority Delivery target is not an SLA or a basis for a Service Credit unless an applicable Order, SLA, or signed written agreement expressly says so.
8.7 A Delivery Cadence adjustment is applied after accepted Optional Source Input and Priority Delivery add-ons. A less frequent Delivery Cadence may reduce the monthly price by the disclosed amount, but does not imply a linear reduction because daily source-data acquisition and processing may continue. A commitment adjustment applies after the Delivery Cadence adjustment only where a commitment option is expressly offered and accepted.
8.8 A Single Image Order is priced as a one-time order using the applicable Published List Pricing or Contracted Pricing for its accepted Coverage Method, Model, and Optional Source Inputs. Delivery Cadence, Priority Delivery, and monitoring commitment adjustments do not apply to a Single Image Order unless its Order expressly states otherwise. A Single Image Order does not create or renew a Monitoring Subscription.
8.9 Website calculators, dashboards, APIs, and ordering flows may show estimates before acceptance. The final pre-acceptance price may reflect validated geometry, minimum billable area, whole-block quantities, availability, taxes, and account-specific terms. ClearSKY does not impose a minimum transaction value or require any monthly expenditure threshold for Data Services. A disclosed minimum billable area and whole-block pricing are geographic coverage units, not a minimum Order value or payment commitment. ClearSKY will not add a pricing factor, minimum, or fee to an accepted self-service Order unless it was disclosed in the applicable pricing page, ordering flow, or Order, or Customer later accepts the relevant change.
8.10 A Monitoring Order or Single Image order request in Review is unaccepted and no Order charge is recorded. Where ClearSKY requires Order Prepayment, the request may move to Awaiting Payment but remains unaccepted, and processing will not begin until the full required payment has cleared and ClearSKY accepts the Order. Acceptance is the binding and non-cancellation point, subject to the exceptions in the Master Terms of Service or the accepted Order.
8.11 The full price for a newly accepted Monitoring Order or Single Image Order is recorded at acceptance. Each selected historical or current Monitoring Billing Month is charged at its full monthly price without proration, including where acceptance occurs after that Billing Month has begun. Unless an Order states otherwise, each later recurring Monitoring charge is recorded at 00:00 Europe/Copenhagen time on the first day of its service Billing Month. A recurring Monitoring charge is for that complete service Billing Month even if it is documented or invoiced in a different period.
8.12 For Customers using Monthly Invoice Billing, accepted Data Service charges are recorded as unbilled charges and consolidated after the relevant calendar month in accordance with the Master Terms of Service. ClearSKY may instead require full Order Prepayment for a specifically identified Order before acceptance. A single Order will not be split between Monthly Invoice Billing and Order Prepayment. Invoicing, payment documents, taxes, corrections, Account Billing Limits, and legacy balances are governed by the Master Terms of Service.
8.13 ClearSKY may update Published List Pricing and operational billing rules prospectively in accordance with the Master Terms of Service. ClearSKY will give at least thirty (30) days' notice before an update increases the recurring price or materially and adversely changes the billing basis of an existing paid Monitoring Subscription, unless Customer expressly accepts the change sooner. Unless an Order or signed written agreement states otherwise, an update may apply to future Orders, future renewals, or future Billing Months after its effective date, but will not retroactively change the price of a completed Single Image Order, a completed Billing Month, an Order already fully performed, or a charge already recorded. Contracted Pricing continues for its agreed scope and term unless changed in accordance with the applicable Order or signed written agreement.
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.