Last updated: January 21st 2020
WELCOME TO GIS CLOUD!
Through the GIS Cloud application, platform, our website, mobile application(s), related content and services (collectively the “Service(s)”), GIS Cloud, Ltd. (“GIS Cloud”, “we”, “us”, ”our(s)”) seeks to create an environment where colleagues and GIS Cloud users (“Users”, ”you”, ”your(s)”) can easily access data from anywhere in the world and allow the quick and easy publishing and sharing of maps on the web and the use of the GIS platform to build geo and location-aware applications.
GIS Cloud To You
Free Service Users
You acknowledge and agree that GIS Cloud may impose or adjust the limit on the number of transactions you may send or receive through the Service or resources you use; such fixed upper limits may be set and/or changed by GIS Cloud at any time and at GIS Cloud’s sole discretion.
Inquiries regarding additional uses not expressly provided for herein may be submitted to GIS Cloud through a Copyright information or Permissions request email.
You to GIS Cloud
GIS Cloud claims no ownership over any material that you create and/or upload to the Service (“Content”), and you retain copyright and any other rights you already hold in your Content. By submitting, posting or displaying your Content in the Service you grant to GIS Cloud a non-transferable, non-exclusive license to use your identifying features including without limitation your logo, name, trade name, and domain name (“Brand Features”) to advertise that you are using the Service.
If you develop by use of GIS Cloud a project or solution for use by other users, you must:
Except as expressly permitted under these Terms, or unless you have received prior written authorization from GIS Cloud (or, as applicable, from the provider of particular Content), GIS Cloud’s licenses above are subject to your adherence to all of the restrictions below. Except as explicitly permitted you must not (nor may you permit anyone else to):
- access or use the Service or any Content through any technology or means other than those provided in the Service, or through other explicitly authorized means GIS Cloud may designate;
- (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
CHANGES TO TERMS AND SERVICES
GIS reserves the right, at its sole and absolute discretion, to temporarily or in perpetuity, change, modify, update, alter and/or cancel the Services or any portion thereof, these Terms and/or all other GIS policies, without notice to you. GIS Cloud will not be liable for any kind of damage or loss to you or to any third party, stemming from any such changes, modifications, updates, alterations and/or cancellation of any of the Services or portion thereof, these Terms and/or all other GIS policies. Any Changes to these Terms and/or other GIS policies will be reflected on the Services and continued use of the Services thereafter will constitute acceptance of any such changes, modifications, updates, alterations and/or cancellation.
GIS Cloud is constantly innovating in order to provide the best possible experience for its users. At any time prior to discontinuing the current version of the Service or upgrading to a new version of the Service, GIS Cloud may, in its discretion as part of this continuing innovation, label certain features or functionality of the Service as “experimental” or “beta.” In such case these Terms and all other GIS Cloud policies will continue to apply until your relationship with GIS Cloud is terminated as provided for herein.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that your use of the Site will be in strict accordance with these Terms, and with all applicable laws, rules and regulations, including without limitation all federal, state, local, provincial and international laws, rules and regulations applicable to your use of the Site and your Content, including all copyright, patent and trademark laws.
By using the Site, you hereby represent that:
- You will comply with all applicable laws and/or regulations.
PRIVACY AND PERSONAL INFORMATION
In order to access the Service, you must have a GIS Cloud Account. You agree that any information you give to GIS Cloud in connection with your GIS Cloud Account or your continued use of the Service will always be accurate, correct and up to date. You agree that you will be solely responsible to GIS Cloud for your use of the Service. If you become aware of any unauthorized use of your password or your account you agree to notify GIS Cloud immediately.
Sharing of Your Content.In the event You desire to make use of the GIS Cloud content sharing feature by uploading or publishing any of Your data and/or imagery to GIS Cloud, You hereby grant GIS Cloud a non exclusive, revocable, royalty free to insert a non invasive logo of GIS Cloud and to provide end users a hypertext reference link to GIS Cloud platform from Your content.
Third Party Content
The Service may include hyperlinks to other websites or content or resources. GIS Cloud has no control over any websites or resources that are provided by companies or persons other than GIS Cloud. You acknowledge and agree that GIS Cloud is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that GIS Cloud is not liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such websites or resources.
GIS Cloud’s Subsidiaries and Affiliates
GIS Cloud has or will have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates“). Sometimes, these companies will be providing the Service to you on behalf of GIS Cloud itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Service to you.
Third-Party Licensing Terms and Use Restrictions
Services provided by GIS Cloud may contain third-party data and/or imagery. In addition, GIS Cloud provides the ability to view, access and incorporate maps and content that is provided by other software and content providers such as Google, Microsoft, ESRI, OpenStreetMap and others through the use of web services and interfaces, including but not limited to Web Map Service. Use of third-party data and/or imagery may be subject to such third party’s License Agreement or additional use restrictions. You are solely responsible for compliance with all applicable third party license agreement(s). Third party Use Restrictions may be provided with the data (such as with metadata). GIS Cloud may modify the third party license agreement and any applicable use restrictions from time to time and it is your responsibility to check for updates to these license agreements or use restrictions. If a modification any third party license agreement, or use restrictions is unacceptable, you may cancel your access upon written notice to GIS Cloud or discontinue use of the Service, as applicable. Continued use of the Service will be deemed acceptance of any modifications.
CLAIMS OF COPYRIGHT INFRINGEMENT
GIS Cloud’s copyright policy is to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to take-down allegedly infringing materials and/or terminating the accounts of repeat infringers, as applicable.
If you believe that anything made available via our Services infringes upon any copyright which you own or control, you may file a notification of such infringement by contacting us at firstname.lastname@example.org.
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
We may give notice of a claim of copyright infringement to our Users by means of a general notice on our website and/or mobile applications, via electronic mail to a User’s email address in our records, or by written communication sent by first-class mail to a User’s address in our records. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, GIS Cloud has adopted a policy of terminating, in appropriate circumstances, and at our sole discretion, the right to access and use the Services for those Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Services and/or terminate the right of any Users to access and use the Services for the infringement of any intellectual property rights of others, whether or not there is any repeat infringement.
These Terms will continue to apply to you until terminated by either you or GIS Cloud.GIS Cloud reserves the right in its discretion to cease providing all or any part of the Services for any or no reason. Additionally GIS Cloud reserves the right to terminate your access to and use of the Service immediately without any notice if:
- you have breached any provision of the Terms (or have acted in manner that clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms);
PAYMENTS AND BILLING
All Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). You shall be responsible for paying all Taxes associated with the Services (without any offset or deduction to the fees paid to GIS Cloud) other than U.S. taxes based on GIS Cloud’s net income.
Current Information Required
YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR ACCOUNT CREDENTIALS OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE DIRECTLY BY YOU USING THE SERVICE. PLEASE CONTACT US AT SUPPORT@GISCLOUD.COM IF YOU NEED ANY ASSISTANCE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PREMIUM SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PREMIUM SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized
If the amount to be charged to your Billing Account varies from the amount you pre-authorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
We are required to provide a refund only if we terminate our Services to you without cause before the end of a month for which you have paid. There is no other circumstance in which you will be entitled to a refund from GIS Cloud. We may, at our sole discretion, offer refunds in other situations subject to any User seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.
Chargeback Policy; Disputes
If you have a question about charges made to your Account, please contact us immediately. If the charges were made in error, we will credit your Billing Account or Payment Method for the appropriate amount. Please note that GIS Cloud has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from use of any and all GIS Cloud Services.
Free Service Users
You may cancel your Free GIS Cloud account by discontinuing your use of the Service at any time, there is no need to contact GIS Cloud or take any further action.
Premium Service Users
In order to cancel your Premium GIS Cloud account you must notify GIS Cloud that you wish to cancel your subscription. Please note that any such cancellation will take effect on the day after the last day of the then current monthly subscription period.
You hereby agree to indemnify, defend and hold GIS Cloud, its strategic partners, officers, directors, agents, affiliates, licensors and their suppliers (“the Indemnified Parties“) harmless from and against any claim or liability arising out of:
- your use of the GIS Cloud platform in breach of the Terms or applicable policies;
You agree that you are solely responsible for (and that GIS Cloud has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which GIS Cloud may suffer) of any such breach.
You agree to cooperate as fully as reasonably required in the defense of any claim. GIS Cloud reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the GIS Cloud may be irreparable; therefore, GIS Cloud is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies.
WARRANTY DISCLAIMER / LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICE AND THE CONTENT ARE PROVIDED “AS IS.” IN PARTICULAR, GIS CLOUD, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIS CLOUD, OR THROUGH OR FROM THE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
GIS CLOUD, ITS LICENSORS, AFFILIATES AND THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIS CLOUD, ITS SUBSIDIARIES, AFFILIATES, LICENSORS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS); OR ANY LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE GIS CLOUD SERVICES;
THE LIMITATIONS ON GIS CLOUD’S LIABILITY TO YOU ABOVE WILL APPLY WHETHER OR NOT GIS CLOUD, ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT GIS CLOUD’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND GIS CLOUD’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree that GIS Cloud is not obligated to but may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
You agree that if GIS Cloud does not exercise or enforce any legal right or remedy contained in the Terms (or that GIS Cloud has the benefit of under any applicable law), this will not be taken to be a formal waiver of GIS Cloud’s rights and that those rights or remedies will still be available. Any waiver of any provision of these Terms will be effective only if GIS Cloud expressly states in a signed writing that it is waiving a specified Term.
If any court of law that has jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You may not assign your rights and/or obligations under these Terms. GIS Cloud may assign its rights and obligations under these Terms and will inure to the benefit of GIS Cloud, its successors and assigns.
GOVERNING LAW AND JURISDICTION; INJUNCTIVE RELIEF
The Terms, and your relationship with GIS Cloud under the Terms, will be governed by the English law without regard to its conflict of laws provisions. You and GIS Cloud agree to submit to the exclusive jurisdiction of the courts located in London, United Kingdom, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that GIS Cloud will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
The Terms constitute the whole legal agreement between you and GIS Cloud and govern your use of the Service and Content, and completely replace and supersede any prior agreements between you and GIS Cloud, written or oral, in relation to the Service and Content.