Legal

Terms of use

1. PUBLISHED BY

UP42 GmbH, having its registered office located in Umspannwerk, Ohlauer Str. 43, Kreuzberg, 10999 Berlin (“UP42”, “we”, “us”).

2. GENERAL

The present document describes the terms of use for UP42 (https://up42.com/) the Website dedicated to the digital products and services supplied by UP42 (the “Website”). Please read carefully the terms of use contained herein. The service is provided only for persons of 18 years or more or minors with parental authorization.

If you do not agree with the present terms of use and the UP42 Privacy Policy (together the “Terms of Use”), you must not use the Website. If you agree to these Terms of Use on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms of Use. By accessing the Website, you declare that you are authorized and that you accept unconditionally those Terms of Use. We reserve the right to update these Terms of Use. All changes are effective immediately when posted and apply to the entire Website. Your continued access and use of the Site after a modification or adaptation of these Terms of Use will be deemed as your acceptance of any modified terms. If you disagree with any modification or adaptation of the Terms of Use, you must cease accessing and using the Site.

We will do reasonable efforts to keep the information on this site accurate and up-to-date. Nevertheless, some information available through the site may be technically inexact or contain typing errors. UP42 does not declare nor guarantee the completeness or reliability of this information and disclaims any liability for any error, omission, interruption and/or change in the content or damage resulting from a computer virus or a third party intruder.

We reserve the right to modify all or part of the Site, at any time, including, without limitation, the right to delete, modify and/or vary any elements, features and functions of the Site. We also reserve the right to change the contents of this Site at any time without prior warning and in particular to change its business offer, its price list and its general sales conditions.

You understand that it is your responsibility to make all necessary arrangements to access and use the Site safely, and in compliance with these Terms of Use. You recognize that you will be able to use the Website only if your device has an Internet connection. Traffic or access fees charged to you due to the use of the Website are subject to the general terms concluded with your Internet service provider or mobile network operator. You understand the risks associated with the use of Internet, including, without any limitation, unavailability of the Website, non-confidentiality or loss of integrity of the data transmitted, potential virus attacks, etc.

3. AUTHORIZED USE

You may use our Website for your personal, non-commercial use only, as permitted by law, including applicable export and re-export control laws and regulations.

Subject to your full and perfect compliance with these Terms of Use, we grant you a personal, non-exclusive, non- transferable and revocable right of access and use of the Website. Any other rights are expressly excluded except otherwise provided in a specific written agreement.

4. ACCOUNT

You may need to register on the Website with an account and a password that may be chosen by you or attributed to you by UP42. You must treat this information as confidential. You are advised not to share your account and your password with anyone. You must protect these account details and you are responsible for any activity associated with your account. You agree to notify Geo Insights immediately of any unauthorized access to or use of your user name or password or any other breach of security. We reserve the right to disable any user name, password or other identifier, at any time in its sole discretion for any or no reason, including if, in Geo Insights opinion, you have violated any provision of these Terms of Use.

5. COLLECTION AND PROCESSING OF PERSONAL INFORMATION

You may be required to provide registration details or other information. All the information you provide must be correct, current and complete and is subject to UP42 Privacy Policy available at https://up42.com/legal/privacy-policy Any use of personal data, if any, will be made in compliance with applicable law.

According to French law related to data protection promulgated on 6 January 1978, you are legally entitled to consult, correct and delete your personal data. To exercise your rights, you may contact our web content manager at the following address: [email protected] We may communicate your personal data to other companies, located within or outside the territory of European Union, for marketing and prospecting purposes, for the operation of UP42 Website and/or to permit the performance of your order. You may however ask us not to do so by contacting our web content manager at the following address: [email protected]

6. INTELLECTUAL PROPERTY - COPYRIGHT

The contents (including but not limited to designs, texts, information) of this Website are protected by French and other laws (including but not limited to laws related to author and intellectual property rights, database protection, etc.) as well as by all applicable international agreements.

The contents of this Website are intended solely as information for visitors to the Website. The contents may not be extracted, modified, distributed or circulated either wholly or in part, without prior written authorization of UP42. No right, title or interest in or to the Website or any content on the Website is transferred to you. All rights not expressly granted are reserved. The trademarks which appear on this Website are registered by the companies that own them.

7. USE RESTRICTIONS

You shall not, and shall not authorize a third party to, without limitation:

  • modify, reproduce, represent, adapt and/or translate all or any part of the Website and/or related content;
  • extract, all or any part of the Website and/or its content, or create any derivative work from all or part of the Website and/or its content;
  • reverse engineer, decompile, disassemble or transform, in any way the object code of the Website into source code;
  • distribute, sublicense, assign, share, sell, rent, lease or loan in any way the Website or the right to use the Website;
  • delete or modify any droit d'auteur, copyright, trademark or any other proprietary rights relating to the Website which we or our licensors own; or
  • use the Website for purposes other than those expressly authorized by these Terms of Use.

In addition, it is strictly prohibited to:

  • extract, by permanent or temporary transfer, or re-use all or part of the content of our Website to another

medium, by any means and in any form;

  • bypass or circumvent any measures employed to prevent or limit access to our Website;
  • link to any portion of our Website for any purpose; and
  • use any device, software or routine that interferes or attempts to interfere with the normal operation of our

Website or take any action that imposes an unreasonable load on our equipment.

8. ADDITIONAL TERMS AND CONDITIONS

When you place an order for products or services through the Website, you will be asked to agree to additional terms and conditions set forth in the license or other agreement that apply to that specific product or service.

9. THIRD-PARTY CONTENT

Our Website may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles or other information created by us or by third-parties. We are not responsible for and do not necessarily hold the opinions expressed by our content contributors: opinions and other statements expressed by users and third parties are theirs alone, not opinions of UP42. Information created by third parties that you may access on our Website or through links is not adopted or endorsed by us and remains the responsibility of such third parties. The accuracy and completeness of such content is not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our Website, we are not accepting any obligation or liability relating to the content.

Due to the number of sources from which content on our Website is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content is for your reference only and should not be relied upon by you for any purpose.

10. LIABILITY

You expressly agree that your use of the Website is at your sole risk. Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offence.

You will be responsible for any loss UP42 suffers as a result of your violation of these Terms of Use or any instructions given by us, including information given during the installation process of the Website or instructions related to all security requirement communicated by UP42 to you. You agree to indemnify and hold harmless Geo Insights and the affiliates, and their respective affiliates, successors, assigns, employees, agents, directors, officers and shareholders, managers, licensors and insurers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any breach by you of your representations and warranties hereunder.

In no event will UP42, its affiliates or its licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any Websites linked to it, or any content or services on these Websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, loss of revenue, loss of profits, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

11. INDEMNITY

You agree to indemnify and hold harmless UP42, its affiliates, licensors and service providers, and UP42 and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Website or your violation of these Terms of Use.

12. COMPANY’S DISCLAIMER OF WARRANTIES

To the extent permitted by applicable laws, the Website and its content are made accessible on an “as is” and “as available” basis. UP42 gives neither warranty nor represents, without limitation, that:

  • the Website and its supporting elements will meet your requirements,
  • the same will be uninterrupted, timely, or default and error free,
  • the result that may be displayed through the Website will be accurate, up to date or reliable,
  • the quality of any data, information or other material obtained will meet your expectations and that such data, information and other material will be default and error free, or that any errors will be corrected.

We reserve the right to correct any errors or omissions on our Website. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to our Website, we do not guarantee or warrant that our Website or materials that may be downloaded from our Website do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on our Website and any materials available through our Website, you do so solely at your own risks. You shall be responsible for backing up your own system, including any content downloaded through the Website.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Website (or any part thereof) with or without notice. You agree that UP42 shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Website. In addition, in the event you breach these Terms of Use or engage in any activity that is harmful to us or our users, we reserve the right to terminate your access to our Website or take any other actions that we believe to be in our interest and of our users as a whole.

These Terms of Use form the entire agreement between you and us with respect to the subject matter hereof, and supersede the terms of any other communications or advertising with respect to the Website.

If any provisions hereof are determined to be illegal, invalid or otherwise unenforceable, in whole or in part, by reason of the laws of any state or country in which these provisions are intended to be effective, then to the extent and within the jurisdiction in which such provisions are illegal, invalid or unenforceable, they shall be severed and deleted from these Terms of Use and the remaining provisions shall survive and continue to be binding and enforceable.

Failure by any party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Nothing herein shall be construed as granting, directly or indirectly, any rights to any third parties, and third parties are not allowed to enforce any of the provisions herein against us.

13. JURISDICTION/APPLICABLE LAW

Any dispute between you and UP42 arising in relation with the use of the Website shall be settled under the arbitration of the Courts of Paris, France. The law applicable shall be French law, without regard to its conflict of laws rule.

14. FEEDBACK

UP42 welcomes your feedback and suggestions about UP42 products, services and the Website. By submitting any suggestions, questions, information, material or other content (collectively, “Feedback”), you represent and warrant that this Feedback does not infringe or violate the intellectual property or proprietary rights of any third party. If you provide or communicate your Feedback we will own all right, title, and interest in and to the Feedback, and we will be entitled to use the Feedback without restriction or any obligation of compensation to you. You hereby irrevocably assign all right, title and interest in and to the Feedback to UP42.

15. CONTACT

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]