aThis End User License Agreement ("Agreement") is applicable to all Users and Customers (hereinafter referred to as “You”, “Your”) as defined hereunder and Dhruva Space Private Limited and/or all of its affiliates (“Company”) for use of Company’s software named ‘Astraview’ and all other Services owned and/or operated by the Company as defined under our Terms of Service. This Agreement governs Your use of the “Astraview” platform/software designed and developed by Dhruva Space ("Platform") and services availed by You from use of the said Platform ("Data") therein. Dhruva Space is willing to grant the rights outlined herein and provide Services to You subject to the condition that You accept the terms of this Agreement. Dhruva Space reserves the right at its sole discretion to change or update this Agreement at any time. Please note that conformance with these terms is a pre-requisite to Your use of the Platform and Services. If You do not agree to the terms and conditions herein, You are not permitted to make use of the Platform and the Services.
(a)."Data" refers to imagery and all other information available for access and/or purchase through the Platform.
(b)."Customer" refers to the entity or individual who has registered to use the Platform and agrees to this EULA.
(c)."User" refers to employees or agents of the Customer authorised to use the Platform.
(d)."License" refers to the rights granted to the Customer under this Agreement to use the Platform and Data.
(a).License to Use Platform: Subject to the terms and conditions of this Agreement, Dhruva Space grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable license to access and use the Platform.
(b).License to Use Data: The Customer agrees and accepts that the use of and access to the Data on the Platform shall at all times be subject to compliance with the End-User License Agreement(s) of each of Dhruva Space’s partners and/or licensor and the Customer shall ensure that any User shall comply with the terms and conditions of such applicable End-User License Agreement(s).
(c).Scope of the License: The terms of this End User License Agreement apply to your usage of the Platform along with Service and Data made available thereon. You further represent and warrant that you will use the Platform and the Data for lawful purposes only. You may use the Data in conformance of the rights granted under this EULA and any other agreement entered into for availing the Services on the Platform.
The Platform/ Services may include third party applications that are licensed to You under this Agreement or under their own terms. License terms, notices, and acknowledgments, if any, for the third-party applications may be accessible on their respective website or any other terms and conditions as shared by the Company. The usage of any third-party platform software in addition to their own policies will be governed by this EULA.
(a).Access: You may access the Platform via the internet using credentials provided by Dhruva Space only. You are responsible for all activities that occur under your account and are solely responsible for maintaining the confidentiality of the account or user profile, log-in details, and password and should not share these with any other party or individual.
(b).Any unauthorised use of the platform or the data acquired from it discovered by You must be immediately reported to Dhruva Space.
(c).The use of Platform is restricted to use within India only and Dhruva Space at its sole discretion has the right to expand Platform’s availability to further locations.
(d).You are responsible for all activities that occur under its account in relation to the Platform and agree to notify Dhruva Space immediately if any unauthorised use of the Platform/ Services or any other breach of security is suspected by You. Dhruva Space cannot and will not be liable for any loss or damage arising from Your failure to comply with the terms of this Agreement. You shall access and use the Platform/ Services only at the place at which it has been made accessible by Dhruva Space.
(e).Restrictions: You shall not, and shall ensure any person/ entity on your behalf does not:
(f).Compliance: You agree to comply with all applicable laws and regulations while using the Platform/ Services and Data including but not limited to the laws of export control, use of Remote Sensing Data and data protection laws. Further, all activities, data & services provided on this platform as used by You shall be in compliance with the Indian laws and regulations regarding use of Geospatial Data.
The Platform will collect data and information about You and Your use of the Platform and share that with Dhruva Space where such information might be stored. Dhruva Space will use this information to provide services and improve the services rendered to You. Your right to opt-out if any are described in the Platform services and Term of Service and the Privacy Policy. Some features in the Platform will collect Your data upon access or use of the Platform. If you use these features to enable data collection, You must comply with the applicable law.
The terms of payment for use and access to the Platform shall be governed by the Supply Order entered into between You and Dhruva Space. Fees for purchasing Data are separate and based on the specific Data acquired by the Customer. You acknowledge that all fees are due as specified in the invoice issued by Dhruva Space and are non-refundable. Failure to pay fees may result in suspension or termination of access to the Platform.
(a).Ownership: Dhruva Space retains all right, title, and interest in and to the Platform including all intellectual property rights therein. Any data acquired through the Platform is proprietary to Dhruva Space and/or respective third party from whom the data is acquired. The data is further subject to the third party’s jurisdiction and its laws and regulations for use of intellectual property. You have limited ownership rights to the data acquired, extending to lawful use of geospatial data under Indian laws and regulations.
(b).Feedback: Any feedback provided by You regarding the Platform may be used by Dhruva Space without restriction, and Dhruva Space shall not be obligated to compensate You for such feedback in any manner whatsoever. You agree that You shall not be permitted to use or disclose any such feedback, suggestions, information pertaining to the Platform such as experience, login credentials, data supplied etc. to any third party including the Government of India or any other country without prior written consent of Dhruva Space.
(a).Ownership: Dhruva Space retains all right, title, and interest in and to the Platform including all intellectual property rights therein. Any data acquired through the Platform is proprietary to Dhruva Space and/or respective third party from whom the data is acquired. The data is further subject to the third party’s jurisdiction and its laws and regulations for use of intellectual property. You have limited ownership rights to the data acquired, extending to lawful use of geospatial data under Indian laws and regulations.
(b).Feedback: Any feedback provided by You regarding the Platform may be used by Dhruva Space without restriction, and Dhruva Space shall not be obligated to compensate You for such feedback in any manner whatsoever. You agree that You shall not be permitted to use or disclose any such feedback, suggestions, information pertaining to the Platform such as experience, login credentials, data supplied etc. to any third party including the Government of India or any other country without prior written consent of Dhruva Space.
(a).No Warranty: Dhruva Space makes no warranties or representations about the accuracy or completeness of the Platform and assumes no liability or responsibility including but not limited to any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform (iii) any unauthorised access to or use of our servers and/or any and all personal information, (iv) any interruption or cessation of transmission to or from the Platform (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the Platform.
(b).Disclaimer: EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PLATFORM AND DATA ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
(a).TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DHRUVA SPACE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PLATFORM, OR THE DATA, EVEN IF DHRUVA SPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b).DHRUVA SPACE’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO DHRUVA SPACE IN THE 30 DAYS PRECEDING THE EVENT GIVING RISE TO ANY CLAIM.
(a).Term: This Agreement commences on the date of Customer’s implied acceptance of the terms which shall be recorded in the manner as prescribed herein and continues until terminated by either party in accordance with this Agreement.
(b).Termination: Dhruva Space may terminate this Agreement immediately upon notice if You breach any terms of this Agreement and fail to cure such breach within 15 days after receipt of notice from Dhruva Space. In the event of termination of any other document entered into between Dhruva Space and You, this EULA shall automatically stand terminated. In addition to the same, Dhruva Space shall have the right to terminate this Agreement at its sole discretion without assigning any reason thereto.
(c).Effect of Termination: Upon termination, you shall cease all use of the Platform and Data and delete or return all copies of the Data in its possession. In the event of termination owing to Your breach of the terms and conditions of this Agreement or any other Agreement entered into between You and Dhruva Space, Dhruva Space shall not be liable to refund any monies to You.
(a).Governing Law: This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.
(b).Dispute Resolution: Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts in Hyderabad, Telangana.
You agree to indemnify and hold Dhruva Space harmless against all liability, loss, damage and cost arising out of any claims, demands, actions or other proceedings by third parties of any nature which arises out of Your violation of the terms of this Agreement or violation any laws and regulations governing the Platform and/or Data.
(a).Entire Agreement: This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements.
(b).Amendments: Any amendment to this Agreement must be in writing and signed by both parties.
(c).Waiver: The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision. Neither party to this Agreement shall have any express or implied authority to assume or create obligations on behalf of the other, nor to bind the other to any contract, agreement, or commitment with any third party.
(d).Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
(e).Force Majeure: Dhruva Space shall not be liable in the event of unavailability of inaccessibility of the Platform or Data due to a Force Majeure event, even if foreseeable, as a result of which such Dhruva Space is unable to perform its obligations, in whole or in part, under this Agreement. In case of such circumstances for You, payments pending for Services availed until such date must be completed within a reasonable time as agreed with Dhruva Space. If the Force Majeure event continues for more than 30 days, Dhruva Space reserves the right to terminate this agreement.
(f).Contact Information: For any questions or notices related to this Agreement, please contact Dhruva Space at: