General Terms and Conditions

1. Definitions

• Account: an individual registered user profile providing access to one or more Organisations within the Service, subject to the permissions assigned to that Account.
• Organisation: the logical workspace created by the Customer within the Service, through which Customer Data, projects, users and Subscriptions are managed.
• Organisation Membership: the association between an Account and an Organisation granting the Account access rights within that Organisation.
• Customer: the legal entity or natural person entering into a contract with the Service Provider and creating an Organisation within 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 to or generated within an Organisation by Accounts using the Service.
• Service: the cloud-based SaaS platform providing geospatial, point cloud and GIS-related functionalities.
• Subscription: the service plan assigned to an Organisation defining the available features, storage capacity, user limits and duration of access.
• Account Activity: any successful login to the Service or any operation performed through the Service that is recorded by the Service Provider's systems, including without limitation uploading or deleting data, modifying projects, inviting or removing users, or otherwise interacting with the Service.

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.

2.3. All subscriptions are concluded exclusively between the Customer and the Service Provider. Any referral partner, marketing partner or intermediary acts solely as an independent referral partner and is not authorised to conclude contracts, modify these GTC or make legally binding representations on behalf of the Service Provider.

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.

4.4. Customers are prohibited from registering an account using a temporary, disposable, or otherwise non-permanent email address. Any account created in violation of this provision may be suspended or permanently deleted without prior notice.

4.5. The Customer shall use the Service in a lawful, fair and responsible manner and shall not:

• (a) use the Service for any unlawful, fraudulent or deceptive purpose;
• (b) upload, transmit or distribute malware, viruses, ransomware or other harmful code;
• (c) attempt to interfere with, disrupt, overload, disable or compromise the integrity, security or availability of the Service or the Cloud Infrastructure;
• (d) use automated tools, bots, crawlers or scraping technologies to access or extract data from the Service except where expressly permitted by the Service Provider;
• (e) perform penetration testing, vulnerability scanning or security assessments without the Service Provider's prior written consent;
• (f) use the Service in a manner that infringes the intellectual property or other rights of third parties;
• (g) use the Service for cryptocurrency mining or other activities that place unreasonable computational load on the Service;
• (h) resell, sublicense, rent, lease or otherwise make the Service available to third parties except as expressly permitted under the applicable Subscription.

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, modify, replace, discontinue or remove features or functionalities of the Service where reasonably necessary for technical, commercial or legal reasons, provided that the overall nature of the Service is not fundamentally altered without appropriate notice.

6. Subscription Fees and Payment

6.1. Use of the Service is subject to a Subscription fee based on the selected subscription.

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. The Service Provider shall issue invoices electronically. Unless otherwise agreed, invoices are payable within eight (8) business days of issuance.

Current pricing is available on the pricing page or in the applicable Subscription Order.

The Service Provider may introduce new Subscription plans, modify existing plans or discontinue Subscription categories from time to time.

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.

6.6. Unless expressly agreed in writing by the Service Provider, no third party, reseller, referral partner or intermediary is authorised to grant discounts, modify prices or make pricing commitments on behalf of the Service Provider.

6.7. The Service Provider may offer a free Trial Subscription. Unless otherwise announced by the Service Provider, the Trial Subscription provides access for thirty (30) consecutive days and includes up to three (3) users and one hundred (100) GB of storage.

6.8. Upon expiry of the Trial Subscription, unless the Customer purchases a paid Subscription, the Organisation shall automatically be transferred to the applicable Free Subscription plan. The Free Subscription currently includes one (1) user and up to five (5) GB of storage as published by the Service Provider from time to time.

6.9. If the total amount of Customer Data stored within an Organisation exceeds the storage limit of the Free Subscription at the time of downgrade, the Service Provider shall notify the Customer by e-mail. Any Customer Data exceeding the applicable storage limit may be permanently deleted forty-eight (48) hours after such notification. Only projects that fit within the applicable storage limit shall remain available. The Service Provider shall determine which projects remain available using an automated storage management policy. This storage reduction process applies solely upon automatic downgrade from a Trial Subscription to a Free Subscription and is independent of the inactivity policy set out in Section 13.

6.10. Upon downgrade from the Trial Subscription to the Free Subscription, any users exceeding the applicable user limit shall automatically lose access to the Organisation. The Organisation shall remain under the administration of the original creator of the Organisation or, if that person is no longer a member, the administrator who has continuously held administrator status for the longest period. If no administrator remains within the Organisation, the Service shall automatically assign administrator privileges to the longest-standing remaining member, who shall automatically be granted administrator privileges. If an affected Account remains assigned to one or more other Organisations, the Account shall remain active. If an affected Account is no longer assigned to any Organisation, the Service Provider may permanently delete the Account after notifying the affected user by e-mail.

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 Privacy 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.

10.5. No statement, promise or representation made by any third party shall modify the warranties or service commitments expressly set out in 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 Regulation (EU) 2016/679 (GDPR), to the extent such liability cannot be lawfully excluded or limited.

11.5. The Service Provider shall not be liable for any representations, promises or commitments made by referral partners, distributors or third parties that are inconsistent with these GTC or the official documentation published by the Service Provider.

12. Force Majeure

12.1. Neither Party shall be liable for any delay or failure to perform its obligations under these GTC (except for payment obligations) if such delay or failure results from events beyond its reasonable control. Such events include, without limitation:

• natural disasters;
• fire;
• flood;
• earthquake;
• war;
• terrorism;
• civil unrest;
• strikes or labour disputes;
• government actions;
• sanctions;
• widespread internet outages;
• telecommunications failures;
• failures of cloud hosting providers;
• cyber attacks affecting public infrastructure;
• epidemics or pandemics;
• other events beyond the reasonable control of the affected Party.

12.2. The affected Party shall notify the other Party without undue delay and shall use commercially reasonable efforts to resume performance as soon as reasonably practicable.

12.3. If a Force Majeure event continues for more than ninety (90) consecutive days and materially prevents the provision of the Service, either Party may terminate the affected Subscription upon written notice without liability, except for payment obligations already accrued.

13. Termination

13.1. 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.

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

13.3. Upon termination of the Customer's Subscription, 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.

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

13.5. 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.

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

13.7. The Service Provider may discontinue individual features, Subscription plans or the Service in whole or in part upon reasonable prior notice where commercially, technically or legally justified.

13.8. Subject to Section 13.10, Free Subscription Accounts may be considered inactive where no Account Activity occurs for sixty (60) consecutive days. Any Account Activity shall restart the inactivity period.

13.9. The Service Provider shall notify the Customer fourteen (14) days and two (2) days prior to the permanent deletion of Customer Data under Section 13.11.

13.10. The inactivity deletion policy described above shall not apply to Customers who have previously purchased any paid Subscription, even if such Customers subsequently downgrade to the Free Subscription.

13.11. Deletion pursuant to the inactivity policy described in Sections 13.8–13.10 shall affect only Customer Data and projects. The Organisation itself shall remain active.

13.12. An Organisation may be considered inactive if no Account associated with that Organisation performs any Account Activity for a continuous period of three (3) years.

13.13. Customer Data and Organisations deleted in accordance with these GTC shall be permanently deleted, including any remaining metadata and configuration, and cannot be restored by the Service Provider except where retention is required by applicable law. This Section shall not apply to storage reduction carried out pursuant to Section 6.9 following automatic downgrade from a Trial Subscription.

14. Governing Law and Jurisdiction

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

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

15. Official Documentation

15.1. Only the documentation, specifications, service descriptions and policies published by the Service Provider shall be deemed authoritative regarding the functionality, technical characteristics and availability of the Service. No oral or written statement made by any referral partner or third party shall modify or supplement these documents unless confirmed in writing by the Service Provider.

16. Referral Partners

16.1. The Service Provider may cooperate with independent referral partners for marketing and customer referral purposes. Referral partners are independent contractors and are not authorised to bind the Service Provider, conclude contracts, modify these GTC or make representations beyond the official documentation.

17. Final Provisions

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

17.2. The Service Provider reserves the right to amend these General Terms and Conditions from time to time where reasonably necessary, including due to changes in the Service, applicable law, security requirements or business operations. Any material amendments shall become effective upon publication on the Service Provider's website and shall apply to future use of the Service. Continued use of the Service after the effective date shall constitute acceptance of the amended GTC. If the Customer does not agree with the amended GTC, the Customer may terminate the Subscription before the amendments take effect.

17.3. These GTC, together with the applicable Privacy Policy, Data Processing Agreement and any Subscription Order accepted by the Service Provider, constitute the entire agreement between the Customer and the Service Provider regarding the use of the Service and supersede all prior discussions, negotiations or understandings relating thereto.

17.4. In the event of any inconsistency between these GTC, the Privacy Policy, the Data Processing Agreement (if applicable), and any Subscription Order, the following order of precedence shall apply unless expressly agreed otherwise:

• Subscription Order
• Data Processing Agreement
• GTC
• Privacy Policy

17.5. The Customer agrees that the Service Provider may provide notices, invoices, contractual information, amendments to these GTC and other communications electronically, including by e-mail or through the Service.

17.6. Any provisions of these GTC which by their nature are intended to survive termination, including without limitation those relating to intellectual property, confidentiality, limitation of liability, payment obligations and governing law, shall remain in full force and effect following termination or expiry of the Subscription.