General Terms and Conditions

1. Definitions

• Account: the Customer's registered access to the Service.
• Cloud Infrastructure: the hosting, computing and storage environment operated by or on behalf of the Service Provider.
• Customer Data: any data, including spatial data, point clouds, GIS datasets and related metadata, uploaded or generated by the Customer through the Service.
• Service: the cloud-based SaaS platform providing geospatial, point cloud and GIS-related functionalities.
• Subscription: the time-based right to access and use the Service under the selected plan.

2. Subject of the Contract

2.1. The subject of the contract is the provision of access to the Service on a SaaS basis for the duration of the Subscription.

2.2. The Service is accessed remotely via the internet. No software installation or transfer of software ownership takes place.

3. Conclusion of the Contract

3.1. The contract is concluded when the Customer registers for the Service or places a subscription order and the Service Provider confirms access.

3.2. These GTC form an integral part of the contract between the Parties.

4. Scope of Use and Licence

4.1. The Service Provider grants the Customer a non-exclusive, non-transferable, limited right to access and use the Service during the Subscription period.

4.2. The Service may be used solely for the Customer's own internal business purposes, unless otherwise agreed in writing.

4.3. The Customer shall not:

• copy, modify or reverse engineer the Service;
• attempt to gain unauthorised access to the Cloud Infrastructure;
• use the Service in a manner that violates applicable laws or third-party rights.

5. Service Availability and Updates

5.1. The Service Provider shall use commercially reasonable efforts to ensure the availability of the Service.

5.2. The Service Provider may implement updates, upgrades and modifications to the Service without prior notice, provided that the core functionality is not materially reduced.

6. Subscription Fees and Payment

6.1. Use of the Service is subject to a Subscription fee.

6.2. The applicable fees are set out on the pricing page. The indicated prices shall be deemed monthly fees, and a 15% discount shall apply in the event of a one-time 12-month payment. Invoices shall be provided digitally by the Service Provider and shall be paid within 8 working days.

6.3. A direct purchase request submitted by e-mail, including the Customer's company details and the selected Subscription type and period, shall be deemed an order for the Service. In addition, selecting the "Subscribe" button on the Service Provider's landing page shall also be deemed an order for the Service.

6.4. All prices are exclusive of applicable taxes, unless stated otherwise.

6.5. Late payment or failure to settle any undisputed invoice by the due date shall entitle the Service Provider to suspend access to the Service, in whole or in part, until full payment is received.

7. Customer Data and Cloud Processing

7.1. The Customer retains all rights, title and interest in and to the Customer Data. Nothing in these GTC shall be construed as transferring ownership of Customer Data to the Service Provider.

7.2. For the sole purpose of providing, maintaining and supporting the Service, the Customer grants the Service Provider a limited, non-exclusive right to host, store, process, analyse and transmit Customer Data within the Cloud Infrastructure.

7.3. The Service Provider shall not access or use Customer Data for any purpose other than the provision of the Service, compliance with legal obligations, or as expressly agreed in writing with the Customer.

7.4. To the extent Customer Data contains personal data, such personal data shall be processed in accordance with the Service Provider's GDPR Policy.

7.5. Where the Service Provider processes personal data on behalf of the Customer within the meaning of the GDPR, the Service Provider acts as a data processor and the Customer acts as the data controller. In such cases, the processing of personal data shall be governed by a separate Data Processing Agreement (DPA), which forms an integral part of these GTC.

8. Confidentiality

8.1. Each Party shall treat all non-public business, technical or commercial information of the other Party as confidential.

8.2. This obligation survives termination of the contract.

9. Intellectual Property Rights

9.1. All intellectual property rights related to the Service, including software, algorithms and documentation, remain the exclusive property of the Service Provider.

9.2. No rights are transferred to the Customer other than those expressly granted under these GTC.

10. Warranty Disclaimer

10.1. The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, the Service Provider expressly disclaims all warranties, representations and conditions of any kind, whether express, implied or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, non-infringement or availability.

10.2. Without limiting the foregoing, the Service Provider does not warrant that the Service will be uninterrupted, timely, secure, error-free, or free from defects, nor that any errors will be corrected.

10.3. The Service Provider does not warrant that the Service will meet the Customer's specific requirements, business objectives, regulatory obligations or expectations, nor that the use of the Service will produce any particular results.

10.4. Temporary unavailability of the Service due to maintenance, updates, technical issues, third-party services, force majeure events or circumstances beyond the Service Provider's reasonable control shall not constitute a breach of these GTC.

11. Limitation of Liability

11.1. Nothing in these GTC shall exclude or limit either Party's liability for: (a) intentional misconduct or wilful default; (b) gross negligence; (c) death or personal injury caused by negligence; (d) any liability which cannot be excluded or limited under applicable law.

11.2. Subject to Section 11.1, to the maximum extent permitted by applicable law, the Service Provider shall not be liable for any indirect, incidental, special or consequential damages, including without limitation loss of profit, loss of revenue, loss of business, loss of data, or business interruption, arising out of or in connection with the use of or inability to use the Service.

11.3. Subject to Section 11.1, the Service Provider's total aggregate liability arising out of or in connection with these GTC and the Service, whether in contract, tort (including negligence) or otherwise, shall be limited to the Subscription fees actually paid by the Customer during the twelve (12) months preceding the event giving rise to the claim.

11.4. The limitations set out in this Section 11 shall not apply to: (a) the Service Provider's liability for infringement of third-party intellectual property rights; (b) administrative fines, penalties or sanctions imposed under applicable data protection laws, including the GDPR, to the extent such liability cannot be lawfully excluded or limited.

12. Termination

12.1. The Customer may terminate the Subscription in accordance with the applicable Subscription terms. Initiating termination will remove the Customer's access to the Service, except for data management.

12.2. The Service Provider may suspend or terminate the Service if the Customer materially breaches these GTC.

12.3. Upon termination of the Service, the Customer shall be notified of a grace period during which the Customer may download the Customer Data uploaded to the Service. The grace period shall apply in cases of immediate termination of the Service.

12.4. Upon expiry of the applicable grace period, all Customer Data shall be permanently and automatically deleted from the Service Provider's systems.

12.5. In the case of suspended Accounts, the Service Provider shall retain Customer Data for a period of ninety (90) days from the date of suspension. Upon expiry of this period, the Customer Data shall be permanently deleted.

12.6. In case of cancelled subscription, the Customer can keep its access to the Service until the end of the paid period.

13. Governing Law and Jurisdiction

13.1. These GTC shall be governed by and construed in accordance with the laws of Hungary.

13.2. The Parties shall seek to resolve disputes amicably prior to initiating legal proceedings.

14. Final Provisions

14.1. If any provision of these GTC is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.