Terms of use
Introduction
These Terms of Use govern your access to and use of our services, products, and platform, including our various websites, APIs, email notifications, applications, and other services that link to these Terms (collectively, the “Services”). Your use of our Services is also subject to our Privacy Policy. By using the Services you agree to be bound by these Terms of Use, even if you are accessing our Services on behalf of a company. By signing up for an account, or accessing or using the Platform or Services, you are acknowledging that you have read, understood, and have no objections to these Terms of Use, and you agree to be bound by them including any future modifications hereof (collectively, the “Terms of Use”)
Please read these Terms of Use carefully before accessing or using the Platform and Services. If you don’t agree to these Terms of Use, you should not use the Services and navigate away from the Platform.
Our Services include but are not limited to sorraline.spascat.com, garotes.spascat.com and spascat.com, which are owned and operated by SPASCAT Technologies S.L. with offices at C/Figueres nº26, 08320 El Masnou (Catalunya, SPAIN) organized under the laws of Spain (VAT ID: B72935513). Unless otherwise indicated, all Services are licensed by or owned and operated by SPASCAT Technologies S.L.
For the purpose of these Terms of Use, SPASCAT Technologies S.L., is referred to herein as “SPASCAT”, “we” or “us”. Sorraline.Spascat.com, Garotes.Spascat.com, Spascat.com, including any APIs that you are authorized to access, comprise the SPASCAT’s Platform, and are collectively referred to as “Platform”.
You represent and warrant that you are an individual of legal age to form a binding contract, or, if you are not, that you have obtained parental or guardian consent to enter into the terms. The Services are not for use by anyone under the age of 14. If you’re agreeing to these Terms of Use on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms of Use on that organization or entity’s behalf and bind them to these Terms of Use (in which case, the references to “you” and “your” in these Terms of Use, except for in this sentence, refer to that organization or entity).
Privacy
SPASCAT takes the privacy of its users very seriously. For the current SPASCAT Privacy Policy, please click here
Without limiting the terms of our Privacy Policy, You agree that we will provide notices and messages to you in the following ways: (1) within the Service; or (2) sent to the contact information you provide to us. You agree to keep your contact information up to date.
Our Services may allow messaging and sharing of information, such as your SPASCAT user profile and potential forum posts, whenever they are made available. Information and content that you share or post may be seen by others (including off of the Services). We are not obligated to publish any information or content on our Service and can remove it with or without notice.
Changes to These Terms of Use
We are constantly trying to improve our Services, so these Terms of Use may need to change along with the Services. We reserve the right to change the Terms of Use, including the program and collection specific terms, at any time, but if we do, we will alert you by updating the Terms of Use webpage.
If you wish to continue using the Services after any changes to the Terms of Use have been posted, we may request and require your agreement to all of the changes. If you don’t agree with the new Terms of Use; unfortunately, that means you may no longer be able to use the Services. If you do not inform us regarding your disagreement within the 15 days period after we provide you a notice of change of the Terms of Use or we published notice of such changes, we will deem that you agree with the changed Terms of Use.
Except for changes by us as described here, no other amendment or modification of these Terms of Use will be effective unless in writing and signed by both you and us.
Using The Services
Other than as expressly provided herein, you will only use the Services for your own internal, personal use, or as permitted by separate agreement. You will at all times use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for you using the Services in a way that breaks the law.
You may be required to sign up for an account, and select a password and user name or use your account’s unique API keys (collectively, “Login Credentials”) to use certain Services. If you do so, you agree to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Login Credentials 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.
You will not share your account or Login Credentials with anyone, and you must protect the security of your account and your Login Credentials. You’re responsible for any activity associated with your account.
SPASCAT may require you to enable multi-factor authentication and provide a phone number or an alternate email for security purposes.
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.
From time to time, SPASCAT may provide free memberships, offers, and trial subscriptions (“Free Plan(s)”) in its sole discretion, and may terminate access some or all of the Free Plans without prior notice and without any liability to you, to the extent permitted under applicable law, for any reason, including to prevent abuse of the access to the Free Plan. After the Free Plan period expires, you may continue using the Services only by purchasing a paid offering, if available, or as otherwise permitted by SPASCAT.
These Terms of Use 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.
Restrictions On Your Use Of The Services
You represent, warrant, and agree that you will not contribute any User Submission (as defined below) or otherwise use the Services or interact with the Services in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including SPASCAT);
Violates any law or regulation, including any applicable export control laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your SPASCAT account or anyone else’s (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Mail-list, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” “spiders” otherwise collect information from any page, data, or portion of or relating to the Services or Platform Materials (through use of manual or automated means);
Copies or stores any significant portion of the Platform Materials except as may be permitted by separate agreement; or
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services. For purposes hereof, the term “Platform Materials” means the materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, satellite imagery data, articles, photos, images, illustrations, User Submissions, and so forth, and the term “User Submission(s)” means anything you post, upload, share, store, or otherwise provide through the Services.
Changes To The Services
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any User Submissions at any time, for any reason (including, but not limited to, if someone alleges you have engaged in conduct in violation of these Terms of Use), in our sole discretion, and without notice.
Your Rights In The Platform
You understand that SPASCAT owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain materials or information; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
The Services, including the Platform Materials, are protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any information or material not owned by you, (i) without the prior consent of the owner of that information or material or (ii) in a way that violates someone else’s (including SPASCAT’s) rights.
As between you and SPASCAT, you own the User Submissions, and you are granting SPASCAT and our affiliates and licensees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, and sublicensable right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, publish, distribute, adapt, or create derivative works thereof, that you have in your User Submissions, in any media now known or not currently known, with respect to any such User Submissions. This license shall survive termination of your use of the Services or your account. SPASCAT reserves the right to pre-screen, reject, move, edit, or remove any or all of your User Submissions, in whole or in part, at any time with or without notice, but has no obligation to do so. SPASCAT is under no obligation to continue to provide you a copy of any User Submissions. If a User Submission includes personal data, it is subject to our Privacy Policy.
User Submissions are not confidential and may be used by SPASCAT to provide the Services. User Submissions may be read, collected, and used by other users of the Services or the public, depending on how you use the Services.
Your Content and Responsibilities
If it is ever enabled in the Platform or Services, any third party information or content (“Third Party Materials”) publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such Third Party Materials at your own risk, and we aren’t liable for any errors or omissions in Third Party Materials or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Third Party Materials or what actions you may take as a result of having been exposed to the Third Party Materials, and you hereby release us from all liability for you having acquired or not acquired Third Party Materials through the Services. You understand that by using the Services, you may be exposed to Third Party Materials that you may consider offensive or objectionable. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all content, including User Submissions, you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
SPASCAT has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, SPASCAT will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with any organizations and/or individuals that may now or in the future be found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that SPASCAT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If made available, if there is a dispute between participants on the Platform, or between users and any third party, you agree that SPASCAT is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release SPASCAT, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
SPASCAT’s Copyright And Intellectual Property Policy
SPASCAT respects intellectual property laws and has adopted the following Copyright and Intellectual Property Policy.
Reporting Instances of Intellectual Property Violations
SPASCAT will respond to notices of intellectual property violations that provide complete information for us to identify and locate the allegedly infringing materials. Where appropriate, we will remove allegedly infringing materials. Upon review, we may decline to remove allegedly infringing materials – for example, if we determine they are not infringing, if we lack adequate information to determine that they are infringing, if we are unable to find the accused materials, or if the materials are protected by the fair use doctrine, among other reasons.
Please note, under the Digital Millennium Copyright Act (“DMCA”), section 512(f), any person that knowingly materially misrepresents that activity is infringing may be liable for damages, including costs and attorney’s fees. If someone has posted your original work (for example, a photo you took, or an article you wrote) without your permission, you may want to seek legal guidance to find out if your intellectual property rights have been infringed. SPASCAT is unable to provide you with legal advice regarding copyright, trademark or other intellectual property matters.
Copyright Notices
If you believe that material accessible on or through SPASCAT’s Services infringes a copyright, please send a notice of copyright infringement to info@spascat.com with the following information:
Identification of the work or material that you claim has been infringed. If this material exists online, please provide a URL.
Identification of the material that is claimed to be infringing, including its location on the SPASCAT network, with sufficient detail so that SPASCAT is capable of finding the material and verifying its existence (e.g., a URL).
Contact information, including your name, address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or law.
A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
A physical or electronic signature of the owner of the copyright that has been allegedly infringed or a person authorized to act on behalf of the owner.
Please note that, due to security concerns, attachments sent via email cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Counter Notices / Appeals
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with SPASCAT by mail at the address above.
Termination and Cancellation
Termination
SPASCAT is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your violation of these Terms of Use. SPASCAT has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Use. If we cancel your account or terminate your use of the Services 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 cancelled your account.
Account termination may result in destruction of any materials or information, including User Submissions, associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms of Use shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.
Cancellation
You may cancel your paid subscription(s) at any time with provision of a written notice of termination to SPASCAT at info@spascat.com. However, we do not give pro-rated refunds for unused time, data, downloads, processing units, or request volume if you cancel during the middle of a billing cycle. Cancellation or termination of your account does not relieve you of any accrued payment obligations.
General Terms
Publicity
We’re proud to have you as a customer. Unless you have otherwise notified us in writing, we may use your trademarks, service marks, and logos for the purpose of identifying you as a SPASCAT customer to promote and market SPASCAT services.
Warranty Disclaimer
Neither SPASCAT nor its affiliates, licensors, or suppliers makes any representations or warranties concerning any materials or information contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our affiliates, licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of any services or products now or in the future offered or purchased through the Services. Any products and services now or in the future purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without warranty of any kind from SPASCAT or others (unless, with respect to such others, only as provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES, PLATFORM, PLATFORM MATERIALS, AND SPASCAT AND SORRALINE.SPASCAT.COM PRODUCTS, ARE PROVIDED BY SPASCAT (AND ITS LICENSOR(S) AND SUPPLIER(S)) ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SPASCAT (OR ITS LICENSOR(S) OR SUPPLIER(S)) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SPASCAT IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity
To the fullest extent allowed by applicable law, you agree to indemnify and hold SPASCAT, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms of Use. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment
You may not assign, delegate or transfer these Terms of Use or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without SPASCAT’s prior written consent. We may transfer, assign, or delegate these Terms of Use and our rights and obligations without consent.
Limitations on SPASCAT’s Operations
From time to time, SPASCAT may be compelled by governmental licensing authorities to provide access to the Services to regulators or others as may be required for compliance purposes. In addition, SPASCAT may be required to cease or limit its operations, including the collection or distribution of satellite imagery data in certain areas for certain periods of time. SPASCAT’s limitation on operations for the reasons set forth herein shall not be considered a failure or breach of these Terms of Use.
Choice of Law; Arbitration
These Terms of Use are governed by and will be construed in accordance with the laws of SPAIN. All disputes arising out of or in connection with these Terms of Use or its validity shall be finally settled in accordance with applicable Spanish Laws without recourse to the ordinary courts of law. The place of arbitration is Barcelona. The arbitral tribunal shall be composed of three (3) arbitrators. The language of the arbitral proceedings is Catalan.
Trademark Information
“SPASCAT”, “SPASCAT Technologies”, “SORRALINE”, “SORRALINE.SPASCAT”, and various other trademarks, logos and service marks (the “Marks”) displayed on www.spascat.com, sorraline.spascat.com, and other sites owned and operated by SPASCAT are trademarks of SPASCAT Technologies S.L. and its affiliates, or of their respective third-party owners. Use of the Marks is not permitted absent prior written consent of SPASCAT or of the respective third-party owner.
Reasonable Use
SPASCAT may temporarily suspend or limit your access to the Services if your usage: (i) exceeds the scope of your plan, (ii) unduly burdens the Services, or (iii) is otherwise inconsistent with normal usage. SPASCAT may charge you for any costs associated with any such misuse.
Force Majeure
Except for your payment obligations, neither party shall be liable for any failure or delay to perform any obligation under these Terms of Use due to fire, explosion, earthquake, storm, flood or other weather, unavailability of necessary utilities or raw materials, Internet service provider failures or delays, denial of service attacks, war, civil unrest, acts of terror, insurrection, riot, disease or viral outbreak or epidemic or pandemic, acts of nature or the public enemy, strikes or other labor problems, any law, act, order, proclamation, decree, regulation, ordinance, or instructions of government or other public authorities, or judgment or decree of a court of competent jurisdiction (not arising out of breach by such part of these Terms of Use), or any other event beyond the reasonable control of the party whose performance is to be excused.
Miscellaneous
To the extent applicable, you will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that SPASCAT may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Use shall otherwise remain in full force and effect and enforceable. You and SPASCAT agree that these Terms of Use are the complete and exclusive statement of the mutual understanding between you and SPASCAT, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of SPASCAT, and you do not have any authority of any kind to bind SPASCAT in any respect whatsoever. You and SPASCAT agree there are no third-party beneficiaries intended under these Terms of Use.
Legal Contact and Notice Information
You may send notices to SPASCAT at C/Figueres nº26, 08320 El Masnou (Catalunya, SPAIN) Attn: Legal Department. If you have any questions concerning the usage or licensing of SPASCAT’s trademarks or copyrights, or use of the Services in general, please contact the SPASCAT by email at info@spascat.com
You agree that we will provide notices and messages to you in the following ways: (1) within the Service; or (2) sent to the contact information you provide to us. You agree to keep your contact information up to date.