Terms and Conditions

1. Scope of Applicability and Definitions

1.1 These General Terms and Conditions ("GTC") govern the provision of services ("Service") by ClearSky Vision ApS ("the Company") to the Customer. The Service may include, but is not limited to, cloudless data fusion, data processing, harmonization, and related satellite-derived data products. These GTCs take precedence over any conflicting or additional terms and conditions provided by the Customer unless explicitly agreed to in writing by an authorized representative of the Company.

1.2 The Company reserves the right to amend these GTCs at any time. The Company will notify the Customer of any material changes to the GTCs at least thirty (30) calendar days prior to the changes taking effect. Such notification may be delivered via email or through a notice posted on the Company’s official website. The Customer’s continued use of the Service following such notification will constitute acceptance of the revised terms.

1.3 These GTCs are supplemented by the Company’s Service Level Agreement ("SLA"), which sets out the Service’s performance standards, as well as the Customer’s rights and remedies in the event of Service performance issues. The SLA is hereby incorporated by reference into these GTCs.

1.4 Terms and Conditions definitions:

1.4.1 “Service” refers to the data processing services provided by the Company, including but not limited to the estimation, generation, processing, harmonization, and delivery of cloud-free and harmonized data.

1.4.2 “Customer” refers to any individual, entity, or organization that purchases or subscribes to the Company’s Services.

1.4.3 “Live Data” refers to near real-time cloud-free data estimations generated by the Company for all future dates. Live Data is produced on a day-by-day basis, reflecting the most up-to-date estimations available at the time of delivery.

1.4.4 “Historical Data” refers to any cloud-free data estimations generated for dates prior to the current day. Historical Data includes all past data, up to and including the day before the present date.

1.4.5 “AOI” (Area of Interest) refers to the geographical area defined by the Customer for which the Service is ordered, comprising one or more geometrical areas submitted as part of the Order.

1.4.6 “Order” refers to a request made by the Customer for the provision of data services, which can be either a one-time purchase (such as for Historical Data) or set as a recurring service. Each Order specifies the data services requested.

1.4.7 “Subscription” refers to the collective set of all Orders that the Customer has set to recur. All recurring Orders within a Subscription automatically renew at the start of each calendar month, providing ongoing data updates.

2. Service Description

2.1 The Company provides satellite-derived data products and processing services powered by artificial intelligence models. These services include, but are not limited to, cloud-free imagery generation, data harmonization, and multi-source data integration. The data products are estimations of ground cover based on the fusion of multiple satellite inputs and proprietary algorithms.

2.2 The Company offers multi-spectral satellite data derived from various satellite constellations. The number of spectral bands, spatial resolution, and data characteristics may vary depending on the selected product or service.

2.3 Data resolution and spectral characteristics are determined by the selected product. Some data products may include enhancements such as atmospheric correction, upsampling, or harmonization for improved consistency across datasets.

2.4 Unless otherwise specified, Live Data will be made available to the Customer no later than 10:00 AM Central European Time (CET) on the day following the observation. Specific commitments regarding delivery timelines, exceptions, and remedies for delays are governed by the Service Level Agreement (SLA).

2.5 The Tasking API (used for ordering data) requires all submissions to be formatted as GeometryCollections containing single polygons and multi-polygons. These GeometryCollections must be provided in either Well-Known Text (WKT) or GeoJSON, using the EPSG:4326 coordinate reference system (latitude and longitude).

2.5.1 The cost for each order is calculated based on the extent of the bounding box that encompasses the submitted polygons, regardless of whether the polygons are simple or complex in shape. Pricing reflects the overall bounding box, not the individual polygons themselves.

2.6 Customers are permitted up to 4 concurrent requests at any given time and a maximum of 4 requests per second by default. Requests exceeding these limits will be throttled or queued automatically. The Company may, at its discretion, adjust these limits for specific Customers to accommodate higher usage needs, subject to technical feasibility and prior agreement.

2.7 The data provided are estimations and should not be relied upon as the sole resource for critical decision-making. While the Company makes reasonable efforts to ensure accuracy, no express or implied warranties or guarantees are provided regarding data precision or reliability. Customers are responsible for verifying the data and consulting relevant experts before making critical decisions.

2.8 The Customer is responsible for safeguarding their API key and preventing unauthorized access or misuse. The Company is not liable for unauthorized or malicious API key usage, including excessive charges or data misuse. If an API key is compromised, the Customer must notify the Company immediately to request a reset.

3. Offers, Orders, and Confirmations

3.1 An order with ClearSky Vision ApS constitutes a contract for satellite-derived data and processing services based on the specified Area of Interest (AOI), the selected data type (e.g., cloud-free imagery, harmonized data, or other derived products), and any additional satellite options requested. Customers can choose between two ordering methods:

3.1.1 Composite ordering allows customers to define their AOI using bounding box geometries. The AOI is ultimately defined as the Customer’s collection of bounding box geometries, submitted as part of the order. Although the system can accept single and multi-polygons as inputs, it is advised that customers submit bounding boxes for simplicity and accuracy. During the ordering process, if complex polygons are submitted, the system will automatically calculate the bounding box for each geometry to determine the final area and cost. Pricing is based on the extent of the bounding box, not the complexity of the specific geometries. All bounding boxes will be accepted without modification to shape or cost, provided the following conditions are met:

• Condition One: The bounding box must have a side length greater than 150 meters to be valid.
• Condition Two: Bounding boxes smaller than 1 km² are accepted but will be billed as 1 km².

3.1.2 Tile ordering provides customers with pre-defined tiles of 5120x5120 pixels, each covering approximately 2621 km². Tiles are ideal for customers requiring large-area coverage and offer significant cost savings compared to Composite ordering. Customers must first identify which tiles cover their AOI before placing an order. This can be done using the API’s tile search functionality or order.clearsky.vision. During the ordering process, customers must specify the exact tiles they wish to include in their order. Partial tiles cannot be selected, as tiles are fixed in size and cannot be modified.

3.2 The minimum order cost for any new tasking order is 50 EUR, and each order must meet this minimum individually. If the total order cost is less than the minimum, the estimate cost endpoint will return a value of 50 EUR. Consequently, the smallest possible order for either ordering type starts at 50 EUR per month.

3.2.1 The 50 EUR minimum does not apply to recurring orders beyond the first month. For recurring orders, the total order cost is calculated based on actual usage or tasking requirements for each subsequent month, without enforcing the 50 EUR minimum, regardless of the size of the recurring order.

3.2.2 Each customer must maintain a minimum total spend of 50 EUR per month across all orders, including recurring and non-recurring orders. If the cumulative monthly spend falls below this threshold, a flat charge of 50 EUR will be applied to the customer’s account for that month.

3.3 Each order includes an allotment of download credits (measured in square kilometers) that allows the Customer to download the ordered data once at no additional cost, provided they do not exceed their included credit allowance due to overlaps or minimum rounding. Download credits are allocated and rounded up to the nearest 0.01 credit, with 0.1 credit required per square kilometer downloaded.

3.3.1 If the Customer wishes to re-download previously ordered data, additional download credits must be purchased. The pricing for additional download credits can be found in our documentation.

3.4 Once an order is confirmed and paid, its settings (e.g., duration, image frequency, input satellites, resolution, extra storage, and additional requests) are locked to ensure timely delivery. Customers needing modifications due to errors or unforeseen requirements may contact customer support to discuss options. Note that changes may require submitting a new order.

3.5 Orders are flexible in terms of the geometries included, and users can have multiple orders active simultaneously. All orders operate on a monthly billing cycle as default. Users may cancel recurring orders at any time before the start of the next calendar month (e.g., by November 30 to avoid billing in December). Changes will take effect in the following billing period.

4. Order Prices and Terms of Payment

4.1 ClearSky Vision ApS operates on a flexible pricing model based on the selected prediction model and any optional satellite additions. Each prediction model has a base price, which includes the required input satellites. If additional satellite sources are selected beyond the required inputs, surcharges apply as outlined in our online documentation. The total cost of an order consists of the base price of the selected prediction model plus any optional satellite surcharges. To encourage large-scale usage, tiered discounts are applied based on platform activity, measured in Usage Units (UU). Full pricing details, including model base prices and optional satellite costs, can be estimated via order.clearsky.vision.

4.1.1 During the ordering process, Customers select from various prediction models, each with a different base price depending on computational complexity. Some models specialize in cloud removal, while others may focus on data harmonization, atmospheric correction, or other enhancements. The final base price of an order is determined by the selected model. If additional satellite sources are requested beyond those already included in the model, surcharges apply, as outlined in our documentation.

4.1.2 Usage Units (UU) measure total platform usage and determine applicable discounts. The number of UU accrued per order depends on the selected prediction model and ordering type. UU are calculated monthly, and the total accrued each month determines the applicable discount tier for that month. Some models may, for example, assign 1 UU per km² for Composite Orders and 0.1 UU per km² for Tile Orders, but actual UU values vary based on the selected model and order parameters. The full breakdown of UU calculations for each model and order type can be found in our documentation.

4.1.3 Discounts are progressive, meaning portions of an order benefit from multiple tiers. If a Customer's total monthly UU usage crosses multiple discount tiers, the system applies discounts incrementally—with part of the order discounted at the lower tier rate and the remainder at the higher tier rate. Each prediction model has its own discount structure and benefits at different tiers, which may include reduced per-km² costs, additional included features, or improved processing priority. The full breakdown of discount thresholds, per-model benefits, and calculations is available in our documentation.

4.1.4 Composite orders with overlapping geometries and identical prediction models + optional satellites will be deduplicated, meaning they will not be billed multiple times for the same area. If a composite order has a different revisit frequency but overlaps on specific days with another composite order using the same prediction model and optional satellites, the overlapping areas on overlapping days will be deduplicated. If a tile order exists for a given area, any overlapping composite orders with identical prediction models and optional satellites will not incur additional charges. However, tile orders are always billed independently, even if they overlap with other tile orders (e.g., UTM transitions).

4.2 The first month of storage is included at no additional cost, starting from the image prediction date. After the first month, ongoing storage fees apply based on the total volume of stored data (measured in km²). Customers can purchase additional storage months as needed. Full details on storage pricing are available in our documentation.

4.3 All prices for the Service are exclusive of applicable taxes, levies, or duties, including but not limited to Value Added Tax (VAT), imposed by any jurisdiction. The Customer is responsible for providing relevant tax information and covering all applicable taxes unless otherwise agreed. Payment is required upfront and must be completed within 14 days of invoicing. In certain cases, backwards payment may be possible, subject to specific conditions. Customers requiring such arrangements should contact us to discuss eligibility and terms.

4.4 In the event of non-payment within 14 calendar days from the due date, the Company reserves the right to suspend or terminate Service delivery. Interest may be charged at a rate of 5% per month on overdue payments.

5. Acceptance and Cancellation Policy

5.1 An order is considered submitted once placed through the platform or API, but submission does not guarantee acceptance. Orders remain under review until confirmed. The Company may reject orders due to payment failure, misconfiguration, or technical constraints. If an order is rejected, the Customer will be notified via the platform or API response.

5.1.1 Customers may cancel an order while its status is "Review" as production has not yet started. Once an order is confirmed, cancellation is no longer possible due to incurred processing costs.

5.2 Recurring orders can be canceled to prevent renewal in the next billing cycle. Cancellation must be completed before the end of the current month. Customers can cancel recurring orders via the API or through the platform. As a last resort, cancellations can be requested via [email protected] but will only take effect once confirmed by the Company.

5.3 Cancellations do not affect ongoing or completed orders. No refunds, credits, or adjustments will be provided for processed and delivered data. Customers retain access to previously delivered data for the duration of their storage period.

6. Liability and Limitations

6.1 The Company makes reasonable efforts to provide accurate data estimations; however, the Service is provided "as is" and without any warranties, express or implied. The Company does not guarantee the accuracy, completeness, or fitness for a particular purpose of any data generated through its prediction models, including cloud-free estimations or harmonized datasets.

6.2 Neither the Company nor the Customer shall be liable for indirect, special, incidental, consequential, or punitive damages arising from the use of the Service, except where such a limitation is prohibited by law. This includes, but is not limited to, loss of profits, business interruptions, loss of data, or reputational damage.

6.3 The Company's total liability for any claims related to the Service shall not exceed the total amount paid by the Customer for the specific Service giving rise to the claim.

6.4 These limitations of liability apply to all types of damages; however, they do not apply to damages resulting from the Company’s gross negligence, willful misconduct, or fraud.

7. Data Usage and Sharing

7.1 The data provided is for the Customer's internal use only and may not be resold, sublicensed, or redistributed in its original form.

7.1.2 The Customer may develop and sell products or services that utilize the Company’s data, provided that: (1) Such products do not compete with, serve as a substitute for, or provide substantially similar outputs to the Company’s original data, (2) The derived product must incorporate substantial additional processing, transformation, or analysis beyond simple reformatting, enhancement, or repackaging, and (3) The Company reserves the right to determine whether a derived product is in violation of these restrictions and may request modifications or discontinuation.

7.2 Data may be shared within the Customer’s organization but may not be made publicly available, sublicensed, or shared with any third parties, including but not limited to clients, affiliates, subcontractors, or consultants, without prior written consent from the Company.

7.3 If the Customer becomes aware of any unauthorized disclosure, access, or leak of the data originating from their organization, they must report the incident to the Company in writing within five (5) business days. Failure to do so may result in financial penalties or legal action if the breach causes harm to the Company.

7.3.1 Repeated or significant unauthorized disclosures may result in immediate termination of this Agreement, at the sole discretion of the Company.

8. Confidentiality

8.1 Both parties agree to treat all non-public business, technical, financial, operational, and customer-related information as Confidential Information. This includes any data provided by the Customer as part of the Service, as well as proprietary models, methodologies, pricing structures, algorithms, or software shared by ClearSky Vision ApS. It also covers any information explicitly marked as confidential or that a reasonable party would understand to be confidential. Neither party shall disclose, use, or permit access to Confidential Information, except as necessary to fulfill this Agreement or with prior written consent. Any third parties engaged in fulfilling the terms of this Agreement must be bound by equivalent confidentiality obligations.

8.1.1 Confidentiality obligations do not apply to information that becomes publicly available through no fault of the receiving party, is independently developed without use of the disclosing party’s Confidential Information, or is required to be disclosed by law, court order, or regulatory authority. In the event of a legal disclosure requirement, the disclosing party must be notified in advance where legally permissible.

8.2 Confidentiality obligations remain in effect for two years following termination of this Agreement. Upon termination, the receiving party must either return or securely destroy any Confidential Information in its possession, except where retention is required by law.

8.3 The receiving party shall not attempt to reverse-engineer, decompile, disassemble, or extract insights from Confidential Information to develop competing products, services, or business models.

9. Intellectual Property Rights and Branding

9.1 By entering into this agreement, you grant ClearSky Vision ApS a limited, global, royalty-free, and non-exclusive right to utilize your trademarks, logos, and service marks for the sole purpose of acknowledging you as a customer in our public-facing marketing and promotional materials. If you prefer to restrict or modify how your branding is used, you may opt out or request specific limitations by notifying us in writing at [email protected], and we shall comply within a reasonable timeframe.

9.2 If the Service is found to infringe a third party’s intellectual property rights, the Company will, at its discretion, modify, replace, or refund the Service. Any refund will be pro-rated based on the actual period of use, and the Company’s total liability under this clause shall not exceed the total amount paid by the Customer for the affected Service.

9.3 The Customer shall ensure that ClearSky Vision ApS’s name and/or logo is visibly displayed within the Customer’s service platform where technically feasible and where the Service is accessible. The acknowledgment must include the phrase: "Incorporates modified Sentinel data, processed by ClearSKY Vision.". This branding acknowledgment is distinct from the Copernicus Sentinel attribution requirements outlined in Section 10, which apply to Sentinel data incorporated into the Service. If display limitations exist, the Customer may propose alternative attribution formats, subject to Company approval. Failure to include the required branding acknowledgment may result in a review of access rights or other corrective measures at the Company’s discretion.

10. Attribution of Copernicus Sentinel Data

10.1 The Company utilizes Copernicus Sentinel Data as part of its service offerings. While the Company may process and modify this data to enhance its services, customers only access modified Sentinel data through the Service. In compliance with the European Commission's legal notice on the use of Copernicus Sentinel Data and applicable EU regulations, users must properly attribute the use of Sentinel data in any publications, reports, or distributed materials derived from the Service. The full attribution requirements are based on Regulation (EU) No 377/2014 and Commission Delegated Regulation (EU) No 1159/2013.

10.1.1 Users must include the following attribution notice for any Sentinel data provided through the Service: "Contains modified Copernicus Sentinel data [Year], processed by ClearSKY Vision."

By utilizing data provided by the Company, users acknowledge their responsibility to comply with these attribution requirements. The Company reserves the right to request corrections for any missing or incorrectly stated attribution. Customers must comply with such requests within a reasonable timeframe to maintain compliance with EU regulations. See more details on Copernicus Sentinel data attribution requirements.

11. Force Majeure

11.1 Either party shall be excused from any delay or failure in performance if caused by circumstances beyond its reasonable control, including but not limited to acts of God, acts of war, terrorism, fire, insurrection, strikes, lockouts, or other serious labor disputes, riots, earthquakes, floods, explosions, loss of satellite, cyber incidents, telecommunications failures, pandemics, government-imposed restrictions, or other unforeseen events of a similar nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the duration of such excusable interruption. When such events have abated, the parties’ respective obligations shall resume.

11.2 Either party must notify the other in writing as soon as reasonably possible, but in no event later than 72 hours after becoming aware of a Force Majeure event affecting its ability to meet its obligations under this Agreement. The affected party shall provide reasonable supporting documentation or evidence if requested by the other party.

11.3 If a Force Majeure event continues for a period of more than 60 days, either party may terminate this Agreement by providing written notice to the other party. Termination under this clause shall not relieve either party of obligations incurred prior to the force majeure event, including outstanding payments or deliverables that were due before the disruption occurred.

12. Termination

12.1 Either party may terminate this Agreement with written notice if the other party materially breaches any term of this Agreement and fails to cure that breach within 30 days of being notified in writing. 

12.2 The Company reserves the right to terminate this Agreement immediately and without notice if it becomes aware that the Customer is using the Service in violation of this Agreement, applicable laws, or third-party rights. This includes, but is not limited to, activities that endanger public safety, violate privacy, infringe upon intellectual property rights, or are associated with the development, design, manufacture, or production of hazardous or harmful technologies or substances, including nuclear, missile, chemical, or biological weapons. The Agreement may also be terminated if the Customer violates applicable export control laws or sanctions regimes, including but not limited to those established by the European Union, the United States, or the United Nations.

12.3 Upon termination of the Agreement, no refunds will be provided for services already rendered or paid for. However, the Customer will retain access to previously processed and delivered data for the duration of the current subscription period, unless termination was due to a breach of this Agreement. Termination does not relieve the Customer of any outstanding payment obligations incurred prior to termination. The Customer must immediately cease all use of the Service upon termination, except where explicitly permitted under this Agreement.

13. Free and Beta Services

13.1 The Company may provide certain services or tools free of charge, including but not limited to the "Compare Report" and other analyses available on its website ("Free Services"). Free Services are provided "as is" and "as available," without warranties of any kind, express or implied. Free Services are not covered by these GTCs, including but not limited to any Service Level Agreement (SLA), uptime commitments, support obligations, or performance guarantees associated with paid services. The Company reserves the right to modify or discontinue Free Services at any time without notice and shall have no liability for any consequences resulting from such modifications or discontinuation. 

13.2 The Company may offer certain features or functionalities in a beta or experimental phase ("Beta Services") for evaluation purposes. Beta Services are provided "as is" and may contain errors, bugs, or other defects. The Company makes no guarantees regarding the availability, reliability, or accuracy of Beta Services and reserves the right to modify, limit, or discontinue them at any time without notice. Beta Services are not covered by SLAs, support commitments, or warranties. The Company shall not be liable for any damages, data loss, or operational disruptions resulting from the use of Beta Services. By using Beta Services, the Customer acknowledges the experimental nature of these features and agrees to use them at their own risk.

14. Miscellaneous

14.1 This Agreement is governed by and construed in accordance with the laws of Denmark, without regard to its conflict of law principles. The parties agree to engage in good faith mediation before initiating any arbitration or litigation. Mediation shall be conducted by an independent mediation service mutually agreed upon by both parties. If the parties cannot agree, mediation shall be conducted in accordance with the rules of Danish arbitration. Unless otherwise agreed, mediation shall be non-binding. Any disputes arising from or related to this Agreement that are not resolved through mediation shall be submitted to the exclusive jurisdiction of the courts of Denmark. 

14.2 The Company may update these General Terms and Conditions from time to time. Any material changes affecting the Customer’s rights or obligations will be communicated at least 30 days in advance via the Company’s website or through direct notification. Continued use of the Service after the effective date of an update constitutes acceptance of the revised terms. Non-material updates (such as clarifications, administrative changes, or improvements that do not reduce functionality or impose additional obligations) may take effect immediately without prior notice. If the Customer does not agree with any material changes, they may terminate their Agreement in accordance with the termination provisions outlined in these GTCs.