Terms of Service
Version: 2025-12 / Effective: December 10th, 2025
These Terms of Service (“Terms”) govern your access to and use of Earthscale’s products, websites, APIs, and services (“Services”). By creating an account, accessing, or using the Services, you agree to be bound by these Terms.
If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
1. Accounts and Eligibility
You must be at least 18 years old to use the Services.
You are responsible for:
Keeping your credentials secure
All activity conducted under your account
Maintaining accurate account information
We may suspend or terminate accounts for violations of these Terms or misuse of the Services.
2. User Content
“User Content” means any data, files, imagery, metadata, code, or other material you provide to or store on the Services.
You retain ownership of User Content. To operate the Services, you grant Earthscale a worldwide, non-exclusive license to: • Host, process, reproduce, transform, and display User Content • Generate derived visualizations and exports solely as needed to provide the Services
Earthscale does not claim ownership of User Content.
You represent that you have all necessary rights to upload, store, process, and display User Content, and that doing so does not infringe any laws or third-party rights.
We will take commercially reasonable steps to avoid data loss; however, the Services are not intended to function as a sole data repository. You are responsible for maintaining independent backups of User Content.
Data Content Warranty: You warrant that User Content will not contain Sensitive Personal Data (such as health, financial, biometric, or highly protected information) and will not contain Personal Data of any third party, unless you have obtained all necessary consents and clearances for its use, processing, and storage on the Services. Earthscale assumes no liability for the presence of any Personal Data within User Content uploaded in violation of this Term.
3. Public and Third-Party Data (Updated)
Some data in the Services (“Public Data”), including but not limited to basemaps, geocoding data, and satellite imagery, is owned or operated by third parties and is subject to their licenses and terms. This includes attribution obligations required by data providers (e.g., MapTiler, OpenStreetMap, or others).
Earthscale:
Does not claim ownership of Public Data.
Does not guarantee availability, accuracy, or continuity of Public Data.
Is not responsible for misuse or licensing non-compliance by users.
You agree to abide by all applicable attribution requirements and license restrictions required by such third parties when displaying, exporting, or otherwise utilizing Public Data.
You are solely responsible for verifying your right to use Public Data for your intended purpose.
4. Sharing and Published Content
The Services allow you to share maps, visualizations, or links (“Shared Content”).
Shared Content may be visible to anyone who has access to the link. By sharing, you grant Earthscale the right to:
Host, copy, transmit, and display Shared Content
Enable viewing and limited interaction by others you share it with
You are responsible for ensuring you have the rights to share any data included in Shared Content.
We may remove Shared Content to comply with law or protect the Services.
5. APIs, Fair Use, and Technical Restrictions
The Services may include APIs such as tile-server endpoints.
You agree not to:
Circumvent rate limits or usage quotas
Use bots, scrapers, or automated tools to extract or harvest data
Interfere with or degrade system performance, security, or availability
Attempt to access systems or data without authorization
Exceeding any usage quotas or rate limits may result in the automatic throttling, suspension, or termination of your access to the relevant Services or API keys.
We may apply or modify usage limits and temporarily or permanently suspend API keys that violate these Terms.
6. Feedback and Usage Data
If you provide feedback, suggestions, or ideas, you grant Earthscale a worldwide, perpetual, royalty-free license to use it without obligation to you.
Earthscale may collect information about usage, performance, and interaction with the Services (“Usage Data”) for analytics, security, and product improvement. Usage Data is owned exclusively by Earthscale.
7. Privacy
Our Privacy Policy explains how we collect and use personal information. By using the Services, you consent to that data handling.
8. Intellectual Property
Except for User Content and Public Data, the Services — including software, UI, design elements, documentation, and trademarks — are owned by Earthscale and its licensors.
No rights are granted except as expressly provided in these Terms.
9. Beta Features and Changes to the Service
Some features may be offered as beta or experimental. Beta features are provided “as is” and may be modified or discontinued at any time.
We may introduce fees or modify pricing in the future. We will provide reasonable prior notice, and continued use of the Services after fee changes take effect constitutes acceptance.
10. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EARTHSCALE MAKES NO WARRANTIES OF ANY KIND, INCLUDING:
Availability, accuracy, completeness, or continuity of Public Data
Uptime or error-free performance of compute workloads, APIs, or exports
Merchantability or fitness for a particular purpose
You acknowledge that:
Compute operations may fail or be delayed
Public Data sources may become unavailable at any time
Visual outputs may represent approximations or derived transforms
11. Limitation of Liability
To the fullest extent permitted by law, Earthscale will not be liable for indirect, incidental, or consequential damages, including lost data or lost profits.
Earthscale’s total liability arising out of these Terms shall not exceed USD $100.
Some jurisdictions do not allow certain limitations; these may not apply to you.
12. Indemnification
You will indemnify and hold harmless Earthscale, its affiliates, and personnel from any claims arising from:
Your User Content or Shared Content
Your use of Public Data
Your violation of these Terms or applicable law
13. Logo and Marketing Rights
You grant Earthscale the right to use your organization’s name and logo to identify you as a customer on websites and marketing materials. You can request removal at any time by contacting [email protected].
14. Termination
You may stop using the Services at any time.
We may suspend or terminate free accounts at any time, including due to prolonged inactivity or misuse of the Services.
For paid subscriptions, we will provide reasonable advance notice (for example, 30 days) before terminating access, unless earlier action is required due to: • Legal or regulatory reasons • Security threats or attempts at unauthorized access • Material violation of these Terms
If your access is suspended or terminated, we will provide a reasonable opportunity to export User Content prior to permanent deletion, unless we are legally prohibited from doing so or termination resulted from serious misconduct.
Provisions that by nature survive termination — including ownership, warranties, liability limits, and indemnity — will remain in effect.
15. Assignment and Force Majeure
We may assign or transfer these Terms in connection with a merger, acquisition, or sale of assets. You may not assign your rights without consent.
Earthscale is not liable for delays or failures caused by events beyond reasonable control, including outages of cloud providers or data hosts.
16. Governing Law
These Terms are governed by California law, excluding conflict-of-law rules. Any disputes will be resolved exclusively in courts located in San Francisco County, California.
17. Changes to Terms
We may update these Terms from time to time. If changes are significant, we will notify you. Continued use of the Services after changes become effective constitutes acceptance.
18. Contact
Questions about these Terms may be sent to: [email protected]
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