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Planet Completes Acquisition of Sinergise; Set to Expand Planet’s Earth Data Platform

Published August 14, 2023. Effective as of August 14, 2023. These Terms replace and supersede all prior versions.

Terms of Service

This website, sentinel-hub.com (the "site" or “Sentinel Hub”), is owned and operated by Sinergise Solutions d.o.o., a wholly owned subsidiary of Planet Labs Germany GmbH, which is referred to herein as"Planet", "we" or “us”. By using the site, services provided on the site, or data content we make available to you through the services (collectively, "Services"), you agree to be bound by the following Terms of Service including any future modifications hereof (collectively, the "Terms").Your use of our Services is also subject to Planet’s Privacy Policy. Please read them carefully. If you don’t agree to these Terms, you should not use the Services. You represent and warrant that you are an individual of legal age to form a binding contract. The Services are not for use by anyone under the age of 16. If you’re agreeing to these Terms 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 (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). For the purposes of clarification, these Terms do not apply to your use of planet.com other Planet-branded products and services, which are instead governed by Planet’s Terms of Use.

Signing up

In order to use most Services, you must register for a Sentinel Hub account, and select a password and user name (“Company User ID”) to use certain portions of the Service. If you do so, you agree to provide us with accurate, complete, and updated registration information about yourself. You shall not select as your Company User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

When you use our application program interfaces (APIs), each request to an API must include one of your account’s unique API keys. Please carefully guard the security of your account and monitor use of your API keys. You shall not share your account or password with anyone, and you shall protect the security of your account and your password. You’re responsible for any activity associated with your account, including any use of your API keys.

If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We cannot and will not be responsible for your using the Services in a way that breaks the law.

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports on your use of such paid Services; however, they do not have rights to your personal account.

These Terms constitute a binding agreement, and if you do not agree to this contract, do not access or otherwise use our Services. If you wish to terminate this agreement, at any time you can do so by closing your account and no longer accessing or using our Services, subject to the terms of the Account Cancellation or Suspension section below.

Our Services and Content License Terms

Usage of the content is subject to the content provider’s Collection specific terms and conditions below.

Usage of the Services is based upon your pricing model.

Free and Exploration Users:
If you have signed up for a Free or Exploration plan, you may only use Services for non-commercial purposes, including academic and scientific research.

You may use data offered by Planet via Sentinel Hub (collectively “Sentinel Hub Data”) through our APIs without limitation, as long as your use complies with the applicable Collection specific terms and conditions.

Unless otherwise set forth in the Collection specific terms and conditions, your services and applications may permit end-users to cache Sentinel Hub Data on their devices (e.g., laptops, smartphones, or tablets) for offline use.

Basic and Enterprise Users:
When using Basic and Enterprise subscription plans, you may use services for both commercial and non-commercial purposes.

We will make the Sentinel Hub Services available to you in accordance with these Terms, and unless we have agreed otherwise in a separate written agreement, we grant you a limited, non-exclusive, revocable license and right to:

  • Use the Services within 3rd party applications; and
  • Use the Services to develop online services and online, desktop, or mobile applications; and
  • Make the Services available to end users in connection with their use of your online services and online, desktop, or mobile applications.
  • Create printed and on-line media or videos.

Data and Processing Packages:
When using Data and Processing Packages, we will make Sentinel Hub available to you in accordance with these Terms.

Unless we have agreed otherwise in a separate written agreement, usage of the Content is subject to the PlanetScope License referenced in the Collection Specific terms and conditions, and any capitalized terms which are not otherwise defined herein shall have the meaning set forth in Planet’s General Definitions.

In particular, and without limiting the foregoing, you shall have the right to:

  • Use, access, and view Content through the Platform
  • Create Derivative Products
  • Distribute Derivative Products to your End Users solely for such End Users' internal use and with no further rights of distribution
  • Display the Content and the Derivative Product solely within your Platform, provided that you permanently display the following copyright notice in connection with any use by you of any displayed Content: "Image © 20xx Planet Labs PBC" (where xx denotes the year of the Content)

In the event two of your End Users request the same data, you must ensure that two separate data requests are submitted, (e.g., a unique download is required for each End User of the same Content).

Unlawful and Other Unauthorized Uses

You may not use the Services for any unlawful purpose. Your use of the Services must comply with all local rules regarding online conduct and acceptable content.

You may not use the Services in any manner that could damage or overburden the Services or interfere with any other party's use of the Services.

You may not engage in other unacceptable use of the Services, which includes:

  • Disseminating material that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
  • Aiding or implementing practices violating basic human rights or civil liberties;
  • Disseminating or storing material that infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
  • Creating a false identity or otherwise attempting to mislead others as to the identity or origin of any communication;
  • Exporting, re-exporting, or permitting downloading of any content in violation of any export or import law, regulation, or restriction of the European Union and its agencies or authorities, or without all required approvals, licenses, or exemptions;
  • Interfering with or attempting to gain unauthorized access to any computer network;
  • Transmitting viruses, Trojan horses, or any other malicious code or program; or
  • Engaging in any other activity deemed by Planet to be in conflict with the spirit or intent of these Terms.

You may not, nor may you permit any third party, to modify, create derivative works from, reverse engineer, or attempt to derive any source code from the site’s software, except as expressly permitted by a written license from us.

Documentation

In addition to the requirements above, you must adhere to all policies posted on this site in conjunction with the Services, including all accompanying documentation. All such policies are incorporated by reference into these Terms.

Your Content

Your content is your content. You retain ownership of all content that you contribute to the Services. You are responsible for your content. You will ensure that your content and your use of your content or the Services will not violate any these Terms or any applicable law. You represent and warrant to us that: (a) you or your licensors own all right, title, and interest in and to your content; (b) you have all rights in your content necessary to grant the rights contemplated by this Agreement; and (c) none of your content will violate applicable law.

Limited to the purpose of hosting your content so that we can provide the Services to you, you hereby grant Planet a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works, and store such content and to allow others to do so. This right and license enables Planet to host and mirror your content on its distributed platform. You warrant, represent, and agree that you have the right to grant Planet these rights.

On termination of your account, Planet will make all reasonable efforts to promptly remove from the site and cease use of your content; however, you recognize and agree that caching of or references to the content may not be immediately removed, and we may retain any content or information as may be necessary or required by law.

Our Content and Third-Party Content

Other than your content, all content displayed on the site or accessible through the Services, including text, graphics, maps, logos, images, illustrations, software or source code, audio and video, and animations, are the property of Planet and/or third parties and are protected by the laws of England and Wales and international copyright laws. You may be held liable for any unauthorized copying or disclosure of this content. You agree that Planet’s licensors shall be third party beneficiaries to these Terms and that these companies may directly enforce, and may rely upon, any provision of the Terms that confers a benefit on them or grants rights in favor of them.

All logos and product names appearing on or in connection with the Services are proprietary to Planet or its licensors and/or suppliers. You may not remove any proprietary notices or product identification labels from the Services’ software, maps, or other content.

Publicity

We're proud to have you as a customer. During the term of this agreement, you hereby grant us a worldwide, non-exclusive, royalty-free, non-transferable license to use your trademarks, service marks, and logos for the purpose of identifying you as a Planet customer to promote and market Planet services. Of course, if you prefer we not use your logo or name in a particular way, just let us know, and we will respect that.

Charges and Payment

Some of the Services require payment. We may charge your credit card on an ongoing basis in advance of providing Services or as needed for prepayments for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of Sentinel Hub Services. The subscription fee is billed in full on the first day of each billing period, unless and until you cancel your subscription.

Sometimes even you don't know how popular your applications are going to be. If your account exceeds the number of requests allowed by your plan, we may charge you overage fees at the end of your billing period. Overage rates vary by plan. You agree to pay overage fees for all usage including requests that result from unexpected traffic. We will notify you, when your account reaches 90% of the allowed volume within a billing period.

We are not responsible for any bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Planet. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law.

Request

Some subscription plans include request volume limit or concurrent request limit.

A request stands for a Sentinel Hub tile of 512*512 px, which is a recommended option for integration in web applications due to best performance/size ratio. If you use larger size requests, the charged number will be increased by a proportional factor, e.g. to reflect the same number of pixels. Similarly, if you use smaller size requests, the charged number will be reduced proportionally.

In case of multi-temporal processing, the number of charged requests will consist of the number of scenes processed within a multi-temporal request.

Account Cancellation or Suspension

We don't want you to leave, but you may cancel at any time. However, we do not give pro-rated refunds for unused time if you cancel during the middle of a billing cycle.

The limited license granted by this agreement terminates automatically, without notice to you, if you breach any of these Terms.

In addition, Planet may cancel or suspend your account for any reason by providing you thirty days advance notice. Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the Services. If we cancel your account in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we canceled your account.

Changes to Services or Terms

We reserve the right to modify these Terms at any time by posting the changed terms on the site. All changes shall be effective immediately upon posting. Please check these Terms periodically for changes. Your continued use of the Services after we post changes constitutes your binding acceptance of the new terms.

We may change the features and functions of the Services, including APIs, and the terms of the SLA may change over time. It is your responsibility to ensure that calls or requests you make to the Services are compatible with then-current Sentinel Hub APIs. We will endeavor to avoid changes to our APIs that are not backwards compatible, if any such changes become necessary, we will use reasonable efforts to notify you prior to implementation.

Indemnification

You agree to indemnify and hold harmless Planet and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys' fees arising out of:

  • Your use of the Services;
  • Your violation of these Terms;
  • Your end users’ use of the Services in or through an application or service you provide;
  • Content you or your end users submit, post to, extracts from, or transmit through the Services.

Disclaimers

“As is," "as available" and "with all faults." YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES, MAPS, AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLANET DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLANET OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Website operation. PLANET DOES NOT WARRANT THAT THE SITE, INCLUDING ANY SOFTWARE, SERVICES, MAPS, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

Non-Planet Content. WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD PARTY CONTENT ("NON-PLANET CONTENT"), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-PLANET CONTENT. UNDER NO CIRCUMSTANCES WILL PLANET BE LIABLE FOR OR IN CONNECTION WITH THE NON-PLANET CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON-PLANET CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY NON-PLANET CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-PLANET CONTENT.

Accuracy. PLANET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Harm to your computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES, MAPS, OR CONTENT THROUGH THE SITE (INCLUDING RSS FEEDS) OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.

Jurisdiction. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

Limitation of Liability

Limitation of liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING NEGLIGENCE, SHALL PLANET OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SITE, INCLUDING SOFTWARE, SERVICES. MAPS, CONTENT, USER SUBMISSIONS, OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF PLANET OR A PLANET AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF PLANET OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED EURO (100 EUR) OR FEES PAID OR PAYABLE TO PLANET IN THE TWELVE MONTHS PERIOD PRIOR TO THE DATE ON WHICH THE DAMAGE OCCURRED.

Reference sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE OR OTHERWISE BY THIRD PARTIES OTHER THAN PLANET AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY THIRD PARTY SITES.

Claim period. YOU AND PLANET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO PLANET MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Planet's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Export Control Laws. You may not access, download, use or export the Services in violation of applicable laws or regulations, including export laws or regulations. You agree to comply with all applicable export laws and restrictions and regulations, and not to directly or indirectly provide or otherwise make available the Services or content in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the Services. Neither the Services nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Choice of Law; Arbitration. These Terms are governed by and will be construed in accordance with the laws of England and Wales. All disputes arising out of or connection with these Terms shall be finally settled in London, England, in English, in accordance with the rules of the London Court of International Arbitration ("LCIA") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of LCIA arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE BINDING CONTRACT BASED ON THESE TERMS, YOU AND PLANET ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Collection Specific Terms and Conditions

Within Sentinel Hub there are 3rd party data collections used and distributed through the Services. User of the Services must comply with terms and conditions of the data collections used.

  • Sentinel Data
    • EU law grants free access to Copernicus Sentinel Data and Service Information for the purpose of the following use in so far as it is lawful: a) reproduction; b) distribution; c) communication to the public; d) adaptation, modification and combination with other data and information; e) any combination of points a to d. See more details on the use of Copernicus Sentinel data and service information!
    • Tracing based on Sentinel imagery is allowed for commercial purposes as well.
    • Acknowledgement or credit of the Copernicus Sentinel data collection acquired through the Sentinel Hub services should be provided by including a line of text citation such as the example shown below.
      Contains modified Copernicus Sentinel data [Year] processed by Sentinel Hub
  • Landsat Data
    • A statement of the data collection when citing, copying, or reprinting USGS Landsat data or images is requested. Details can be found on the EROS Data Citation page here and here.
    • Acknowledgement or credit of the USGS as data collection acquired through the Sentinel Hub services should be provided by including a line of text citation such as the example shown below.
      (Product, Image, Photograph, or Data Collection Name) courtesy of the U.S. Geological Survey processed by Sentinel Hub
      Example: Landsat 7 image courtesy of the U.S. Geological Survey processed by Sentinel Hub
  • ESA’s Archive of Landsat Data
  • MODIS Data
    • See NASA GSFC's citation examples
    • Acknowledgement or credit of the NASA GSFC as data collection acquired through the Sentinel Hub services should be provided
  • Commercial Data

Service Level Agreement

Sentinel Hub services will be available 99% of the time every month. If Sentinel Hub does not meet this guarantee, you will be eligible to receive a Service Credit as described below.

Defining Unavailability

A Sentinel Hub API will be considered fully or partially unavailable when API is inaccessible from any location (in which case availability for the API for the relevant time period will be calculated as the fraction of your API requests that are failing worldwide).

Uptime in a month will be calculated across APIs based on the uptime of each individual API you use during the month, weighted by the fraction of all your Sentinel Hub API requests accounted for by each API during that month. For purposes of this guarantee, a "month" means a calendar month.

Service Credits

Service credits are calculated as a percentage of the total charges you owe us for Sentinel Hub services each month, or your annual fee divided by 12, as follows:

Total Available Uptime (across all APIs) per monthCredit Amount
100% - 99%0%
95% - 99%10%
Less than 95%25%

To receive a credit, you must contact Planet within 30 days following the end of the unavailability via email at info@sentinel-hub.com and include the dates and times of unavailability. If we confirm that the uptime percentage in a month covered by your request is below 99%, we will issue you the service credit. Service credit is added to the end of your term for the service, and cannot be exchanged for, or converted to, monetary compensation. The maximum service credit that we will issue for downtime in a month is 25% of the fees you otherwise owe us for that month.

This Service Level Agreement is your sole and exclusive remedy (and our sole liability) for unavailability of our services.

Limitations

A period of unavailability is excluded from the service level guarantee, and will not count towards unavailability calculations for purposes of service credits, if:

  • the unavailability is due to scheduled maintenance, provided we notify you at least 5 days in advance;
  • the unavailability is due to Data providers failing to provide the data;
  • you are in breach of your services agreement with us (including your payment obligations to us), or the unavailability is otherwise due to your actions;
  • the unavailability is caused by factors outside of our reasonable control, including a force majeure event; internet access problems; blocking, filtering, or censorship of our services by a government or other third party; or other problems beyond our services.

Effective August 14, 2023.


Changelog

Here we will log all the changes done to Terms of Use in the future.