Scalgo Live Terms of Service
These terms of service apply (hereinafter referred to as the “Terms”) between you (either a private company, public organization or natural person, hereinafter referred to as “you” or “your”) and Scalgo ApS (Danish company registration no. 32566359; hereinafter referred to as “Scalgo”) covering the use of Scalgo Live and associated documentation and/or associated software, including documentation and/or software provided by third parties (hereinafter referred to as the “Service”). By using the Service, you agree to be bound by the terms and conditions of Terms. Your acceptance of the Terms is a condition for the grant of access to the Service.
Grant of License. Scalgo grants to you a non-exclusive right to use the Service on the terms and conditions set out in these Terms. To use the Service, you must have a Scalgo Live Account (hereinafter referred to as the “Account”). You agree that any information you give to Scalgo in connection with your Account or your continued use of the Service will always be accurate, correct and up to date.
When setting up the Account, you must appoint one or more users as administrators of the Account. Each administrator has the right to invite other users in the organisation to join the Account and to review the usage of all the other users on the Account. The administrators will be point-of-contact for any administrative communication from Scalgo including communication about changes in the Terms, invoicing, violation of Terms, etc. Communication will be via email to the email address registered for each of the administrators.
Authority to Accept the Terms. You declare that you have full power, capacity and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don't have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms.
Reserved Rights. You acknowledge and agree that Scalgo (or Scalgo’s licensors and their suppliers, as applicable) own all legal right, title and interest in and to the Service, including any intellectual property rights that subsist in the Service. You are not entitled to change or remove any notice on copyright, trademarks or any other rights marked on the Service.
Data Fees for Swedish data. Within the territorial borders of Sweden, the Service contains data that is owned by Lantmäteriet. Scalgo is a distributor of this data and is obligated to charge organisations a Data Fee determined by the number of tiles accessed and amount of data downloaded (see section below). To determine the Data Fee for each organisation, Scalgo is responsible for maintaining an index that records when a tile is first accessed by the organisation. The Data Fee is paid to SCALGO at the beginning of every quarter. The Data Fee may be subject to changes made by Lantmäteriet.
If you are a member of “Geodatasamverkan”, you can use the data from Lantmäteriet without paying the Data Fee. It is your responsibility to notify Scalgo about your membership of “Geodatasamverkan”.
If you are a consultant working for a third-party, and if this third-party is already a member of “Geodatasamverkan”, you are allowed to use the data from Lantmäteriet without paying the Data Fee. For this purpose, consultants can use Scalgo Live in a mode where Data Fee accounting is disabled. It is the sole responsibility of the consultant to make sure, that the Data Fee accounting is only disabled, when working for a third-party that is a member of “Geodatasamverkan”. Scalgo and Lantmäteriet reserves the right to check the maintained index and server traffic information, to verify that the Data Fee accounting is disabled according to the above rules.
A Data Fee is due for tiles accessed by an organisation when these tiles are based on or derived from data provided by Lantmäteriet. Every dataset and derived analysis in the Service has a native zoom level determined by the resolution of the underlying data (see current table on tile prices and definition of native zoom levels by following this link: www.scalgo.com/en-US/terms-and...). In the case where a tile is accessed at a zoom level higher (more detailed) than the native zoom level, the Data Fee is paid for the corresponding tile at the native zoom level i.e., the tile at the native zoom level that contains the tile being accessed. The fee paid for a tile (or corresponding tile at the native zoom level) is valid for a year, any accesses to that tile within a year after the first access are free. The fees apply both to the raw data and to any analysis products derived from the data i.e., a tile from an analysis derived from the terrain model is also considered as a terrain model tile. Creating a workspace or downloading data for a region is equivalent to viewing all the tiles at the native zoom level that intersect the region. You are only allowed to use downloaded data for a year from the date of download.
Data Fees for UK data. Within the territorial borders of the United Kingdom, the Service contains data that is owned or sub-licensed by Bluesky International Limited (a UK company; “Bluesky”) and Ordnance Survey Limited (UK company number 09121572; “OS”). Scalgo is a distributor of this data and is obligated to charge organisations a Data Fee determined by the number of tiles accessed and amount of data downloaded (see www.scalgo.com/en-US/terms-and-agreement/UK-data-fees for details on how the Data Fee is calculated). To determine the Data Fee for each organisation, Scalgo is responsible for maintaining an index that records when a tile is first accessed by the organisation. The Data Fee is paid to Scalgo at the beginning of every quarter. The Data Fee may be subject to changes made by Bluesky or OS.
If you are (i) a member of the Aerial Photography for Great Britain (“APGB”) (see https://www.apgb.co.uk/) and have signed a valid APGB member license agreement; or (ii) a member of the Public Sector Geospatial Agreement for Great Britain (“PSGA”) (see https://www.ordnancesurvey.co....) and have signed a valid PSGA member license agreement, you can use the data from Bluesky and OS without paying the Data Fee. It is your responsibility to notify SCALGO about your membership of “APGB” or “PSGA”.
If you are a consultant working for a third-party, and if this third-party is already a member of “APGB” or “PSGA”, you are allowed to use the data from Bluesky and OS without paying the Data Fee. For this purpose, consultants can use Scalgo Live in a mode where Data Fee accounting is disabled. It is the sole responsibility of the consultant to make sure, that the Data Fee accounting is only disabled, when working for a third-party that is a member of “APGB” or “PSGA”. Scalgo, Bluesky and OS reserve the right to check the maintained index and server traffic information, to verify that the Data Fee accounting is disabled according to the above rules.
Demonstration and Educational License. If the Service is obtained as a demonstration version or an educational version, it may not be used for commercial purposes and will only be operational for a limited time. When the demonstration or educational license terminates, you may no longer access and use the Service. Any data from the Service that has been downloaded during the demonstration or educational license period shall be deleted when the demonstration or educational license terminates.
Restrictions.
a) The Service is licensed for your use only. You may only use the Service for your internal business use, academic use, or personal use. You may not sell, distribute, license, rent, lease, lend, pledge or otherwise transfer or assign your Account or the related rights of use to a third-party without the prior written permission of Scalgo unless that third party is a contractor working directly for you on a specific project. In case you give a third-party access to the Service for a specific project, you are responsible for terminating their access once their work on the project is done. In any case, a third-party access to the Service may never last longer than 6 months. You are responsible for ensuring that the third-party complies with the relevant provisions in these Terms.
b) You may not use the Service to provide hosting services or any other fee or transaction-based services.
c) You may not use the Service in the development of any software, service or model having the same functionality or characteristics as the Service, or in the development of competitive or derivative products. You may not in any way, including by decompilation, reconstruction or disassembly of the Service, examine or remake the source code or object code of the Service or its structural framework.
d) You may not access or use the Service (and its API) or any content through any technology or means other than those provided in the Service, or through other explicitly authorized means Scalgo may designate.
e) The Service is provided without limits on usage. However, if your use of the Service generates an excessively high volume of traffic, transactions or computation, Scalgo reserves the right to set usage limits. Excessively high is defined as extremely high usage over an extended period and/or a usage which is damaging to the Scalgo Live system. Scalgo also reserves the right to set other usage policies from time to time.
f) You may not use the Service in a manner that gives you or any other person access to mass downloads or bulk feeds of any content, including but not limited to the Scalgo Flash Flood Map, elevation data or imagery. For example, you are not permitted to mass download the Flash Flood Map.
g) You are not permitted to resell any content that you gain access to through the Service unless this is only for small areas (less than 10 square kilometres).
Additional restrictions and terms specific to German data. Within the territorial borders of Germany, the Service contains data that is licensed from the Bundesamt für Kartographie und Geodäsie. To comply with this license the use of the Service within German territorial boundaries has the following additional restrictions.
h) You are granted an internal right to use the Service and the underlying data. You are not allowed to pass on the data or results to others outside your organisation except in the form of illustrations for reports or presentations.
i) You are obligated to attach a clearly visible source note to any illustration made from data or results in the Service. The source note must be worded as follows: Geodata from ©GeoBasis-DE / BKG <year>. When presented on a website, the source note shall be linked to http://www.bkg.bund.de.
Points h) and i) shall apply in advance of the points a)-g) if there are discrepancies or overlap between the points mentioned.
Additional restrictions and terms specific to Swedish data. Scalgo has entered an agreement with Lantmäteriet on the use, development, and distribution of Lantmäteriet’s geodata. By the agreement, Scalgo is licensed by Lantmäteriet to use Swedish geodata etc. under certain conditions, including conditions that concerns you.
The conditions from Lantmäteriet impose on you certain obligations related to the use of the Service when using Swedish geodata etc. that originates from Lantmäteriet. These conditions and/or relevant information are an integrated part of the Terms and you as an end-user of Swedish geodata and the Service are responsible for complying with the conditions. Your responsibility for compliance applies both to Lantmäteriet and to Scalgo.
Lantmäteriet reserves the right to change the above-mentioned conditions. Scalgo therefore reserves the same right towards you. The conditions currently in force will always appear on Lantmäteriet's website, www.lantmateriet.se, currently to be found at:
https://www.lantmateriet.se/sv/Om-Lantmateriet/Aterforsaljare/For-aterforsaljare/Avtalsvillkor/ (Swedish)
By accepting the Terms, you accept that the above-mentioned conditions are an integral part of the Terms and you undertake to comply with the conditions set by Lantmäteriet at any time.
Additional restrictions and terms specific to UK data
Restrictions and terms specific to Sub-licensed Data from Bluesky.
The Service may – depending on your specific agreement with Scalgo – include data from Bluesky (hereinafter referred to as “Sub-licensed Bluesky Data”).
You accept that your right to get access to and to use any Sub-licensed Bluesky Data is only permitted to the extent that Scalgo has the right to grant such rights to you. Any access and use of Sub-licensed Bluesky Data must respect all terms and conditions set forth in the agreement between Bluesky and Scalgo as updated from time to time.
In respect of any Sub-licensed Bluesky Data, you shall not:
a) display any Sub-licensed Bluesky Data on the World Wide Web without an additional written license hereto obtained from either Scalgo or Bluesky;
b) make any representations concerning the Sub-licensed Bluesky Data;
c) copy the Sub-licensed Bluesky Data unless such copying is incidental to normal use of the Service and the Sub-licensed Bluesky Data;
d) adapt, vary, alter or modify, the whole or any part of the Sub-licensed Bluesky Data;
e) disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Sub-licensed Bluesky Data; and
f) use Sub-licensed Bluesky Data for any illegal, deceptive, misleading or unethical purpose or otherwise in any manner which may be detrimental to the reputation of the Sub-licensed Bluesky Data or any person.
You acknowledge that Bluesky or Bluesky’s licensors are the proprietors of any copyrights or database rights (or any similar rights) to the Sub-licensed Bluesky Data. In connection with any use of the Sub-licensed Bluesky Data the following copyright statement must be used (and as advised from time to time):
Aerial Photography – © Bluesky International Limited
You acknowledge that Bluesky shall have no liability to you in respect of your access to and use of the Sub-licensed Bluesky Data.
Restrictions and terms specific to Sub-licensed Data from OS.
The Service may – depending on your specific agreement with Scalgo – include data from OS (hereinafter referred to as “Sub-licensed OS Data”).
You accept that your right to get access to and to use any Sub-licensed OS Data is only permitted to the extent that Scalgo has the right to grant such rights to you. Any access and use of Sub-licensed OS Data must respect all terms and conditions set forth in the agreement between OS and Scalgo as updated from time to time.
Your access to and use of the Sub-licensed OS Data are on the condition that you pay a Data Fee to Scalgo as Scalgo is a distributor of the Sub-licensed OS Data and obliged to charge all organisations/parties a fee for such access and use.
In respect of any Sub-licensed OS Data, you shall:
a) not use Sub-licensed OS Data for any illegal, deceptive, misleading or unethical purpose or otherwise in any manner which may be detrimental to the reputation of the Sub-licensed OS Data or any person; and
b) use your best endeavours to use adequate technological and security measures, including measures Scalgo (or OS) may reasonably recommend, or that you and Scalgo (or OS) may agree to, from time to time, to ensure that all Sub-licensed OS Data, login details and other similar information which you hold or are responsible for is secure from unauthorised use or access.
You acknowledge that OS or OS’ licensors are the proprietors of any copyrights or database rights (or any similar rights) to the Sub-licensed OS Data. Furthermore, you acknowledge that OS shall have no liability to you in respect of your access to and use of the Sub-licensed OS Data.
You accept that OS may enforce directly with you any applicable rights reserved in the agreement between OS and Scalgo pursuant to the Contracts (Rights of Third Parties) Act 1999 of the United Kingdom.
Scalgo Obligations. Scalgo is obligated to keep the Service updated and to make sure that information made available to you is given as correct and accurate as possible to the best knowledge and belief.
Technical Platform and Limitations. A modern browser is required to use the Service and Scalgo does not provide browser compatibility guarantees. Scalgo uses various tracking and debugging tools for improving and monitoring the Service, some of these tools are managed by third parties. Scalgo will not share this information beyond what is required for operating the Service. The Service may use standard browser technologies such as “session” cookies and “persistent” cookies as well as "local storage" storage to optimize your user experience and keep user state across devices. For further information, please refer to Scalgo's privacy policy, which is available to all users from Scalgo's website.
Limited Warranty. You expressly understand and agree that your use of the Service is at your sole risk and that the Service is provided “as is” and “as available”. Scalgo guarantee that critical errors preventing normal use of the Service will be immediately addressed and will seek for resolution as quickly as possible. To the maximum extent permitted by applicable law, Scalgo disclaims any and all other warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. In particular, Scalgo does not represent or warrant to you that:
a) Your use of the Service will meet your requirements.
b) Your use of the Service will be uninterrupted.
c) The information obtained by you as a result of your use of the Service will be accurate or reliable.
With reference to point a-c above, it should be pointed out, that data quality can vary significantly between geographic regions. We refer to the Service documentation or support for details on data quality.
Limitation of Liability.
a) Scalgo shall not be liable for any loss suffered in connection with using the Service.
b) Scalgo shall not be liable for any indirect loss, including but not limited to punitive damages, consequent losses, business interruption, loss of data, loss caused by nonavailability of the Service or incorrect information in the Service, operating loss, loss of profits or any other indirect economic loss, even if Scalgo has been advised of the possibility of such losses or damages.
c) Scalgo shall be subject to product liability provided that such liability follows from mandatory rules under applicable law. The liability of Scalgo shall be limited to an amount equal to any yearly service fee paid by you for the Service.
d) Scalgo disclaims all responsibility for any breach of laws applicable for the use of the Service. You yourself are therefore responsible for compliance of any laws in the use of the Service and the legal code that applies for access to geodata.
Duration. The Terms shall apply for as long as you use the Service.
Data Privacy. Scalgo processes limited personal data regarding users of the Service. Scalgo is the data controller regarding all processing of personal data in relation to the use of the Service, because Scalgo determines the purposes and means of the processing. Scalgo provides the mandatory information to the users of the Service in Scalgo's privacy policy, which is available to all users at Scalgo's website.
Amendments. Scalgo reserves the right to make amendments to the Terms from time to another with at least one (1) months’ notice. You will receive notification of upcoming changes from Scalgo via email containing a direct link to the updated Terms.
Choice of Law and Jurisdiction. The Terms are governed by Danish law. Any dispute between the parties shall be decided by the ordinary Danish courts in accordance with Danish law.
Language versions of the Terms. The Terms are prepared in an English version as well as versions translated to other languages. In case of any discrepancy between the English version and translated versions, the English version shall apply.