Free, Trial and Beta Terms

1. Applicability

1.1 These Free, Trial and Beta Terms (the "Free/Beta Terms") govern Customer’s and users’ access to and use of ClearSKY’s free tools, free services, trial services, evaluation services, preview services, beta services, experimental services, and similar non-paid or non-generally-available offerings (collectively, "Free/Beta Services").

1.2 Free/Beta Services may include browser-based tools, polygon or AOI preparation tools, tile viewers, dashboards, previews, experimental APIs, account-linked convenience features, test environments, and other services or features that ClearSKY makes available without a paid SLA-backed commitment.

1.3 These Free/Beta Terms apply unless ClearSKY expressly states that a specific service is governed by different terms.

1.4 Standard account-based subscription services, including the then-current Free Plan and paid plans, and any continued account-based access to validly delivered data under those plans, are not governed by these Free/Beta Terms solely because no subscription fee is charged. Those services are instead governed by the Master Terms of Service, any applicable Data Service Terms, and, where included, the Service Level Agreement.

2. Nature of Free/Beta Services

2.1 Free/Beta Services are provided on an "as is" and "as available" basis.

2.2 Free/Beta Services may be incomplete, unstable, error-prone, limited in functionality, or unsuitable for production use.

2.3 Free/Beta Services may change materially from time to time, including changes to features, limits, user interface, technical behavior, storage behavior, output formats, or availability.

2.4 ClearSKY may add, modify, suspend, restrict, or discontinue any Free/Beta Service or any part of it at any time, with or without notice.

3. No SLA, No Support Commitment, No Production Reliance

3.1 Free/Beta Services are not covered by any SLA, uptime guarantee, timeliness commitment, support response commitment, reprocessing remedy, service credit mechanism, or other service-level promise unless ClearSKY expressly states otherwise in writing.

3.2 ClearSKY has no obligation to maintain Free/Beta Services, retain any data submitted to or generated by them, or keep any feature available for any minimum period.

3.3 Users should not rely on Free/Beta Services for production workflows, mission-critical use, legal verification, compliance use, or sole-copy storage of important data or work product.

4. Eligibility, Accounts, and Access

4.1 Some Free/Beta Services may be available anonymously, while others may require a ClearSKY account, invitation, approval, or other access control.

4.2 If account access is used, the user is responsible for account security, credentials, and all activity occurring under that account, except to the extent caused by ClearSKY’s own breach of these Free/Beta Terms.

4.3 ClearSKY may impose or change access requirements, rate limits, storage limits, item limits, feature caps, concurrency limits, and similar restrictions at any time.

4.4 Access to Free/Beta Services may be denied, suspended, or revoked at ClearSKY’s discretion, including to protect service integrity, prevent abuse, comply with law, or manage capacity.

5. User Content and Optional Cloud Features

5.1 As between the parties, users retain ownership of content they submit to Free/Beta Services, including geometries, files, text, names, metadata, and exports ("User Content").

5.2 If a Free/Beta Service includes optional account-linked features such as saving, syncing, handoff, library storage, dashboard transfer, or similar convenience features, the user grants ClearSKY a non-exclusive, worldwide, royalty-free license to host, copy, store, process, transmit, and otherwise use User Content solely as necessary to provide the requested feature, secure the service, prevent abuse, maintain integrity, troubleshoot issues, and comply with applicable law.

5.3 ClearSKY may impose limits on stored items, file sizes, retention periods, storage duration, number of saved objects, or similar usage constraints for Free/Beta Services, and those limits may change at any time.

5.4 Users are responsible for exporting and retaining their own copies of any important User Content. Free/Beta Services, including cloud-library or convenience-storage features, are not guaranteed long-term storage or backup solutions.

5.5 ClearSKY may delete, archive, or stop retaining User Content in Free/Beta Services at any time, including after inactivity, account closure, feature retirement, or service discontinuation, subject to applicable law and reasonable internal backup or security retention.

6. Acceptable Use

6.1 Users must not use Free/Beta Services:

• for unlawful, infringing, fraudulent, or abusive purposes;
• to upload, submit, or process content that the user does not have the right to use;
• to disrupt, probe, reverse engineer, overload, scrape, or interfere with the Free/Beta Services or any related systems;
• to circumvent limits, access controls, or technical restrictions;
• in a manner that violates third-party attribution or usage rules, including for basemaps, overlays, or integrated third-party data; or
• in violation of the Acceptable Use Policy.

6.2 ClearSKY may investigate misuse and may suspend, throttle, restrict, or terminate access where it reasonably believes misuse has occurred.

7. Privacy and Telemetry

7.1 Use of Free/Beta Services may involve the collection and use of technical logs, error events, performance telemetry, account information, and similar service-operation data in accordance with ClearSKY’s applicable privacy documentation.

7.2 Some Free/Beta Services may process content locally in the browser, while others may involve account-linked or server-side processing. The exact behavior may vary by feature and may change over time.

7.3 Nothing in these Free/Beta Terms replaces or limits ClearSKY’s applicable privacy notice or privacy policy.

8. Intellectual Property

8.1 ClearSKY and its licensors retain all right, title, and interest in and to the Free/Beta Services, including the software, interface, workflows, designs, branding, documentation, and all related intellectual property rights.

8.2 Except for the limited right to use the Free/Beta Services under these Free/Beta Terms, no license or other rights are granted by implication, estoppel, or otherwise.

8.3 If a user provides feedback, ideas, or suggestions relating to Free/Beta Services, ClearSKY may use them without restriction or obligation.

9. Third-Party Services and Content

9.1 Free/Beta Services may include or rely on third-party services, basemaps, overlays, APIs, hosting providers, authentication providers, analytics tools, storage providers, or other external dependencies.

9.2 Such third-party services may be subject to separate terms, conditions, availability limitations, attribution requirements, or privacy practices. Users are responsible for complying with applicable third-party requirements where relevant.

9.3 ClearSKY is not responsible for the continued availability, accuracy, or performance of third-party services or third-party content used in connection with Free/Beta Services.

10. Suspension and Termination

10.1 ClearSKY may suspend, throttle, restrict, or terminate access to any Free/Beta Service, in whole or in part, at any time, with or without notice, including where ClearSKY reasonably believes that:

• these Free/Beta Terms or applicable law have been violated;
• the use poses a security, abuse, integrity, or legal risk;
• the service is being overloaded, scraped, attacked, or misused;
• the feature is being retired, reworked, or capacity-managed; or
• a third-party provider, legal requirement, regulator, court order, or sanctions regime requires or justifies such action.

10.2 ClearSKY has no liability for good-faith suspension, throttling, restriction, or termination under this Section.

11. Disclaimers

11.1 To the maximum extent permitted by law, Free/Beta Services are provided without warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, or uninterrupted operation.

11.2 ClearSKY does not warrant that Free/Beta Services will be error-free, secure, available at any particular time, retained indefinitely, suitable for any workflow, or compatible with any system, browser, integration, format, or third-party source.

11.3 Where outputs matter, including for GIS, legal, cadastral, surveying, regulatory, or operational purposes, users must independently validate outputs before relying on them.

12. Limitation of Liability

12.1 To the maximum extent permitted by law, ClearSKY will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, business interruption, or loss of data, arising out of or relating to Free/Beta Services.

12.2 To the maximum extent permitted by law, ClearSKY’s aggregate liability arising out of or relating to Free/Beta Services will not exceed the greater of: (a) EUR 50; or (b) the amount actually paid by the user or Customer, if any, for the specific Free/Beta Service during the twelve (12) months preceding the event giving rise to the claim.

12.3 Nothing in these Free/Beta Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

13. Changes to Free/Beta Services and these Terms

13.1 ClearSKY may change, restrict, retire, or discontinue Free/Beta Services at any time.

13.2 ClearSKY may update these Free/Beta Terms from time to time. Updated terms may take effect immediately upon posting, unless a later effective date is stated.

13.3 Continued use of a Free/Beta Service after the updated terms take effect constitutes acceptance of the updated terms.

14. Governing Law and General

14.1 These Free/Beta Terms and any non-contractual disputes arising out of or in connection with them are governed by the laws of Denmark, excluding its conflict-of-laws rules.

14.2 The courts of Denmark shall have exclusive jurisdiction over disputes arising out of or in connection with these Free/Beta Terms, unless otherwise expressly agreed in writing.

14.3 If any provision of these Free/Beta Terms is held unenforceable, the remaining provisions will remain in full force and effect.

14.4 A failure to enforce any provision of these Free/Beta Terms is not a waiver of that provision or any other provision.

14.5 Questions about these Free/Beta Terms may be sent to [email protected].