Service Level Agreement

1. Scope of Applicability and Definitions

1.1 This SLA applies to the use of data services provided by ClearSky Vision ApS ("the Company"). It complements the General Terms and Conditions (GTCs) by specifying service level commitments and remedies. In the event of a conflict between this SLA and the GTCs, this SLA shall prevail solely with respect to service levels and related remedies. Remedies provided under this SLA shall be the Customer’s sole and exclusive remedy for any failure to meet the specified service levels.

1.2 The Company reserves the right to modify this SLA at any time in accordance with the amendment and notification provisions set forth in the GTCs. Any material changes affecting service level commitments or remedies will be communicated at least thirty (30) calendar days in advance via the Company’s website and, where applicable, through direct notification. Continued use of the Service after the effective date of an update constitutes acceptance of the revised SLA.

1.3 Service level agreement definitions:

1.3.1 “API” refers to the application programming interfaces provided by the Company, including but not limited to the Processing API and Ordering "Tasking" API. The availability standards and performance metrics for these APIs are outlined within this SLA.

1.3.2 "Unavailability" refers to instances where the Company API is considered fully or partially inaccessible from any location, with the API's availability for the relevant time period being calculated as the proportion of your API requests that fail worldwide.

1.3.3 “Data Provider” refers to any third party the Company utilizes to acquire satellite data. An "Original Data Provider" is a specific type of Data Provider that supplies primary, unprocessed satellite data directly from its source. The key distinction is that if an Original Data Provider experiences unavailability, all other Data Providers relying on its data may also be affected.

1.3.4 “Image Artifacts" refer to any unexpected or abnormal features in images delivered through our services, including but not limited to distortion and color inaccuracies that are not part of the original data.

2. Uptime Guarantee

2.1 ClearSky Vision guarantees that its services will be available 98% of the time each calendar month. Credits do not roll over and must be used within the following billing cycle. If the uptime falls below this threshold, the Customer is eligible for service credits based on the following scale:

• For uptime between 100% and 98%, no service credits will be issued.
• If uptime falls between 95% and 98%, the Customer is entitled to a service credit equal to 10% of their total monthly charges.
• If uptime is below 95%, the service credit increases to 20% of the total monthly charges.
• If uptime drops below 90% in a given month, which equates to more than 72 hours of downtime in a 30-day period, the Customer is eligible for a 30% service credit. 

2.2 To receive service credits, the Customer must submit a written request to [email protected] within 30 days after the end of the affected month. The request must include specific details of the downtime, including dates, times, and supporting documentation such as API logs, error messages, or other relevant evidence that demonstrates the impact of the unavailability. ClearSky Vision will review the claim and respond within 14 days of receipt. If the Company verifies that the reported downtime meets the criteria for service credits, the applicable credits will be issued within 14 days of confirmation. Service credits are non-transferable, non-refundable, and cannot be redeemed for cash. Claims submitted without sufficient supporting documentation may be rejected. The failure to submit a request within the required timeframe forfeits the Customer’s right to claim service credits for that period.

2.3 A period of unavailability does not qualify for service credits if it results from factors beyond the Company’s control. This includes scheduled maintenance, provided that ClearSky Vision has given at least five days' advance notice. It also includes cases where the Customer is in breach of their agreement, including non-payment or misuse of the Service. Unavailability caused by force majeure events, failures in third-party cloud or hosting providers, network congestion, government-imposed restrictions, or filtering by third-party firewalls is also excluded from service level calculations.

3. Timeliness Delivery

3.1 New updates to the cloud-free satellite imagery will be made available to the Customer no later than 10:00 AM Central European Time (CET) the following day, provided all necessary input data has been successfully received and processed.

Customers are strongly advised to use the 'data availability' end-point to automate the acquisition of Live Data. This ensures that the latest updates are retrieved as soon as they become available, rather than relying solely on a fixed delivery time.

3.2 If input data for predictions is delayed due to unforeseen circumstances, such as unexpected server maintenance or satellite collision avoidance, the Company reserves the right to postpone the delivery of predictions for that date. Under normal circumstances, a maximum waiting period of 24 hours applies for data retrieval, unless the delay is caused by an Original Data Provider failure or another external factor beyond the Company’s control.

3.2.1 In the event that an Original Data Provider is unavailable for a prolonged duration, the following mitigation strategy for data production and delivery will apply. If USGS, INPE, or ISRO data remains unavailable for more than 24 hours, or if Copernicus data is unavailable for more than seven days, the Company will continue producing new cloud-free estimations without the missing or delayed data source. The Company is not liable for delays or inaccuracies resulting from the failure of external data providers to deliver timely input. While the Company does not assume liability for external data delays, reasonable efforts will be made to inform the Customer of significant disruptions as soon as practicable.

4. Quality Guarantee

4.1 The Company is committed to providing high-quality data services and strives to deliver clear, accurate, and artifact-free images through its API services. While the Company aims to reduce artifacts through processing, image quality may be impacted by limitations in source data, atmospheric conditions, or inherent satellite constraints.

4.1.1 If a set of images is determined to contain image artifacts, the Company will make reasonable efforts to reprocess the affected images using available data and processing techniques. However, the Company cannot guarantee that all artifacts will be eliminated, and the images are otherwise provided "as is" with no further warranties.

4.1.2 If reproduction successfully reduces the artifacts, the Customer may reacquire the same request free of charge. The remedies offered in this section, including a single reproduction attempt and reacquisition, are the sole and exclusive remedies for image quality issues. No additional credits, refunds, or compensation will be provided.

4.2 Customers who detect image artifacts in any output received from the Company's API must report the issue within 30 days from the image production date. Reports must include specific details of the artifacts, the affected geographic location, the associated order GUID, and supporting evidence such as screenshots or visual comparisons. Reports can be submitted via email to [email protected]. Failure to report within this timeframe forfeits the Customer’s right to claim any remedies or credits for the affected data.

4.2.1 Upon receiving a report of image artifacts, the Company will investigate the claim within a reasonable timeframe, not to exceed 7 business days. If the investigation determines that the artifacts fall within the scope of the quality guarantee, the Company will proceed with a one-time reproduction attempt. The Customer will be informed of the expected reproduction timeframe and any additional steps required. The Company reserves the right to determine whether an artifact is a processing issue or an inherent characteristic of the source data, and its findings shall be final.