Legal – Terms of use

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Terms of use

TERMS OF USE AND GENERAL DISCLAIMER

All information published on this site has a pure informative nature. Contents can be changed at any time without prior notice.Orbit GeoSpatial Technologies NV (Orbit GT NV), its representatives, its webmaster or others involved in the publications on this site (hereafter called ‘the company’), will not be viable for any consequences whatsoever directly or indirectly imposed to persons or materials, companies, products or organisations, by reading or using the information displayed or files downloaded from this site.

Texts, drawings, photo’s, pictures, images, data, software, names, trademarks, domains, and other components of this site are protected by intellectual copyright and are property of Orbit GT NV or their respective owners, used by permission by OrbitGT NV. It is prohibited for this content to store, reproduce, change, publish, distribute, mail, sell, transfer rights or use in any other way, except as required for viewing the website pages, without prior written permission from the owner.

Every software use is limited to the license you have to obtain before installing or opening that information. Your license to use is non exclusive and strictly personal and cannot be subject to any transaction with any other person.  

If any person detects mistakes, incomplete, incorrect or outdated information on this site, the company is not viable in any case, but does request to be informed about it. In any case whatsoever, the company cannot be held responsible for wrong, incomplete or inaccurate information that might be posted on this site.

The company intends for the content of this site to be accurate and reliable, however, the company cannot guarantee the accuracy, validity or reliability of the content on any of the Orbit GT NV sites or subsites.

All Content is provided “as is”. The use of the Content, and any results of such use are solely the responsibility of the user. Information on this site may or may not be current as of the date of your access, the company has no duty to update and maintain the information, reports or statements on the site. The user shall always remain responsible to take precautions against viruses, worms and other external influences.

This site also provides links to other websites. Orbit GT NV makes no representation whatsoever regarding the content of any other web sites which you may access from this website. The company has no control over the content of these websites and cannot guarantee the reliability or accuracy of any information linked externally.

Use is at own risk only. Usage of this site and its contents implies unconditional acceptance of all conditions and disclaims.  By using this website the user explicitly agrees with these terms.

This disclaimer is equally valid for any message or post communicated by Orbit GeoSpatial Technologies NV via either communication platform, including but not limited to email, facebook, twitter, linked.in, youtube, vimeo and others.

ABOUT THE 3D MAPPING CLOUD APPLICATION

THIS IS A LICENSE TO USE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE AGREEMENT AND ALL APPLICABLE ADDENDA (“LICENSE”), WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAIN LIMITATIONS ON WARRANTIES AND/OR REMEDIES.  ORBIT GT IS WILLING TO LICENSE THE SOFTWARE AND/OR DOCUMENTATION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.

THE USE OF THIS SOFTWARE AND/OR DOCUMENTATION AUTOMATICALLY AND IMMEDIATELY IMPLIES THE ACCEPTANCE OF THIS LICENSE AGREEMENT.  IF YOU DISAGREE WITH ANY TERM IN THIS LICENSE, YOU ARE NOT PERMITTED TO USE THIS SOFTWARE OR DOCUMENTATION, AND SHOULD IMMEDIATELY DISCONTINUE INSTALLATION, STOP USING THE SOFTWARE AND REMOVE THE SOFTWARE FROM YOUR SYSTEM

The End User must comply with all terms, conditions, privacy policy and other legal notices as published by the Orbit GT.  Orbit GT has the right to alter, modify and/or update any of these notices at its sole discretion at all time, with immediate effect which the End User explicitly accepts..  Acceptance of these terms and conditions can only be full. Any alteration of the legal conditions by the End User are illegal.  This 3D MAPPING CLOUD application is subject to Orbit GT’s general End User License Agreement (EULA).

 

Account and Users

In this application, The End User creates a single Account for his organisation or company.  Within this Account, the End User invites users from within the same organisation or company.  It is not allowed to :

  • use a false email address, impersonate others, or misrepresent your affiliation with others;
  • invite users that do not belong to your organisation or company within your account;

Data and Resources

Data uploaded by the End User is fully at End User’s responsibility.  For the application, End User will be entitled as “owner” of the data solely because of the fact that End User has performed the upload.  This does not mean that the End User is legally owner of the data : Orbit GT is unaware of the legal ownership of any data and cannot be liable for any misuse in any way.  End User must have the right from the legal owner to upload the data, share the data and make data available though this application. Only End User can be held responsible for misuse of any data.

Pricing

Pricing, plans and services are subject to change without prior notice.  Orbit GT will notify the End User of any change prior to the change coming into effect.  If End User does not agree, he is free to cancel his subscription.  Upon continued use of the website and application, the End User by default accepts the changes.

Payments

All payments are due upfront, either by a monthly or yearly payment plan, and by credit card.  Available payment methods may vary upon your country and location. Payments are automatically renewed unless End User manually terminates or payment renewal fails.

Payments include the Usage Plan (number of users and volume of storage) and optional supplementary services.  End User may upgrade or downgrade the Usage Plan and services at any time, however a refund is not available.  When downgrading, the current Usage Plan will remain in effect until the first payment renewal date – on that date, the downgraded Usage Plan will charged and become in effect.  When upgrading the Usage Plan, the upgrade will become in effect immediately and the difference with the current plan will be charged for only the remaining period of the current plan.  Upon renewal date, the upgraded plan will be charged.

When upcoming payment is expected to fail, for example by expiry of the registered credit card, the End User’s responsible person (Owner or Billing User – see User Roles) will be notified and is urged to take action.

Upon failure of payment at time of renewal, the End User will no longer have access to the application nor to his data.  Equally, third party users will no longer have access to the End User’s data.  However, the End User will have access to the management Console to correct payment settings.  A Grace period of 9 days will be taken into account to perform payment correction.

When, after expiry of the 9 days grace period, payment is not restored, all data from End User will be removed from the system.  This cannot be undone. The End User account will remain available, however only for access to the management Console by the Owner or Billing user (see User Roles).

Invoices are made available upon payment and are fully accepted unless protested within 7 calendar days.

Server Availability

No cloud provider can guarantee 100% server uptime. Servers and systems must be brought offline at times for routine maintenance and upgrades to ensure that the Services will run and perform optimally.

However, Orbit GT strives to keep such interruptions to a minimum, and, if possible, to give End User advance notice of scheduled maintenance routines; as well as perform such activities as outside of normal operating business hours as possible.

The Subscriber may not be able to user the application due to traffic conditions on the internet, problems occurring at the Cloud Datacenter upstream facilities, or due to hardware or software component failure. These conditions are entirely out of Orbit GT’s control. However, Orbit GT will endeavour to restore access to the Services in a timely manner.