ESA title

General Terms and Conditions 

Use of the Service

To access and use the Service, the Service User must comply with these Terms and Conditions, the Service Use Policy (https://openeo.cloud/aup/) and any applicable laws, rules and regulations governing the Service User’s use of the Service.
The Service Provider may, from time to time, modify or discontinue the Service Offerings and the Service Level Agreements either in part or in whole, or change or remove the functionality of the Service Offering either in part or in whole. The Service Provider will inform the Service User of any material change or termination of Service Offerings and will maintain the Service for at least six months in the existing form to give the customer the opportunity to respond to these changes.
The Service is being expanded continuously and gradually. The Service Providers endeavour to minimize the resulting downtime of the Service to a minimum.

Data Protection Terms

The terms in this section apply to all Online Services of the Service.

Processing of Service User Data

  • Service User Data will be used or otherwise processed only to provide the Service User the Online Services including purposes compatible with providing those services. The Service Provider will not use or otherwise process Service User Data or derive information from it for any advertising or similar commercial purposes, except for informing the Service User about events such as the status of the Service infrastructure.
  • We use aggregated data about Online Services usage (which do not identify a specific user), such as the number of users who have visited certain pages of the Online Services, or how long users are spending on a particular page, in order to develop statistics as to the use of the Online Services, so that we can understand how users interact with the Online Services, to improve its content, products, or services.
  • As between the parties, the Service User retains all right, title and interest in and to the Service User data. The Service Provider acquires no rights in Service User Data, other than the rights the Service User grants to the Service Provider to provide the Online Services to Service User.

Disclosure of Service User Data

The Service Provider will not disclose Service User Data outside of the Service Provider and affiliates except (1) as the Service User directs, (2) as described in the General Terms and Conditions, or (3) as required by law.

Processing of Personal Data and General Data Protection Regulation (GDPR (EU) 2016/679)

Personal Data provided to the Service Provider by, or on behalf of, the Service User through use of the Online Services is also Service User Data and is treated as described in ‘Scope’ (Processing of Service User Data).

Processor and Controller Roles and Responsibilities
The Service User and the Service Provider agree that the Service User is the controller of Personal Data and the Service Provider is the processor of such data, except when the Service User acts as a processor of Personal Data, in which case the Service Provider is a subprocessor.
In any instance where the GDPR applies and the Service User is a processor, the Service User warrants to the Service Provider that Service User’s instructions, including appointment of the Service Provider as a processor or subprocessor, have been authorized by the relevant controller.

Processing Details
The parties acknowledge and agree that:
a) The subject-matter of the processing is limited to Personal Data within the scope of the
GDPR;
b) The duration of the processing shall be for the duration of the Service User’s right to use
the Online Service and until all Personal Data is deleted or returned in accordance with
Service User instructions or the General Terms and Conditions;
c) The types of Personal Data processed by the Online Service include those expressly
identified in Article 4 of the GDPR;
d) The categories of data subjects are Service User’s representatives and end users, such as
employees, contractors, collaborators, and customers.

Records of Processing Activities
The Service Provider shall maintain all records required by Article 30(2) of the GDPR and, to the extent applicable to the processing of Personal Data on behalf of Service User, make them available to Service User upon request.

Data Security

The Service Provider shall take appropriate and reasonable measures to protect content of the Service User against accidental or unlawful loss, access or disclosure.

All storage media, as well as the entire server infrastructure, which are made available as part of the Service Provider service offering are located within the European Union.

Limitation of Liability

The Service Provider assumes no liability, nor provides guarantees, for results generated by the Service.

The Service Provider, as well as the Service User, assume no liability for newly acquired or existing intellectual property (Foreground Intellectual Property, Background Intellectual Property) arising from the use of the Service and any other information. All information is provided without any warranty.

Temporary suspension of the Service

The Service Provider may, in whole or in part, suspend the Service User’s, or Service User’s end user, right of access or use in respect of the Services upon notification, if the Service Provider determines that:

a) there is a security risk for the entire Service infrastructure, which goes beyond the usual threat and the Service User does not respond adequately despite being requested to do so;

b) the Service Users activities could adversely affect the service offerings or systems or content of another Service User,

c) the Service User activities could be a liability to the Service Provider or third parties,

d) the Service User activities could be fraudulent,

e) the Service User violates this agreement or any the respective service contract,

f) the Service User violates their payment obligations

g) the Service User has ceased trading and / or has been the subject of an insolvency,

reorganization, liquidation, dissolution, or similar process

In the event of a temporary suspension of the Service, the Service User remains responsible for
all fees and charges incurred during the period of suspension.

Service User obligations

  • The Service User is responsible for all activities under the Service agreement, whether the activities were undertaken by the Service User themself, their employees or third parties (such as end users of the Service User). The Service Provider is not responsible for unauthorized access to the Service User’s service.
  • The Service User must ensure that its content and use of this content or service by the Service User or its End Users does not violate any of the Service’s General Terms and Conditions or applicable law. The Service User is solely responsible for the development, content, operation, maintenance and use of its content.
  • The Service User is responsible for the proper configuration and use of the Service Provider’s service offerings and must take reasonable measures to safeguard and protect it. The Service User is responsible for the backup of its own content and accounts. To protect the content, encryption technologies must be used against unauthorized access.
  • The Service Providers credentials and the private keys generated by the Service are for use by the Service User only and may not be sold, transferred or sublicensed to any other company or person.
  • Part of the Service hardware is embedded in the Austrian Academic Computer Network ACOnet (http://www.aco.net/), which provides its members with high performance access to international academic networks via GÉANT (http://www.geant.org) as well as enabling access to the Internet. While the data transfer within this academic network is limited only by the physical bandwidth, the data upload and download to other networks is based on the fair use principle.
  • Data uploaded from other networks (i.e. commercial networks to ACONet) exceeding the contractual range of the Service Provider with ACONet will incur additional costs which must be borne by the Service User as the originator of the transfer, if the Service Provider has informed the customer of this breach in contractual range in a timely manner.

Force Majeure

If the performance by either Party of any obligation under this Agreement is delayed or prevented by circumstances beyond its reasonable control, that Party will not be in breach of this Agreement because of that delay in performance.

Prohibited activities and uses 

You may not use the Website and Services to engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy: 

– Disclosing sensitive personal information about others. 

– Collecting, or attempting to collect, personal information about third parties without their knowledge or consent. 

– Threatening harm to persons or property or otherwise harassing behaviour. 

– Infringing the intellectual property or other proprietary rights of others. 

– Facilitating, aiding, or encouraging any of the above activities through the Website and Services. 

System abuse 

Any User in violation of the Website and Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: 

– Use or distribution of tools designed for compromising security of the Website and Services. 

– Intentionally or negligently transmitting files containing a computer virus or corrupted data. 

– Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures. 

– Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network. 

Service resources 

You may not consume excessive amounts of the resources of the Website and Services or use the Website and Services in any way which results in performance issues, or which interrupts the Services for other Users. Prohibited activities that contribute to excessive use, include without limitation: 

– Deliberate attempts to overload the Website and Services and broadcast attacks (i.e. denial of service attacks). 

– Engaging in any other activities that degrade the usability and performance of the Website and Services. 

Security 

You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for the Website and Services. You must protect the confidentiality of your login details, and you should change your password periodically. 

Enforcement 

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to: 

– Suspending or terminating your Service with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of your account. 

– Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or the Website and Services, as determined by us in our sole discretion. 

– Reporting violations to law enforcement as determined by us in our sole discretion. 

– A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your account. 

Suspended and terminated User accounts due to violations will not be re-activated. 

Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity. 

Reporting violations 

If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance. 

Changes and amendments 

We reserve the right to modify this Policy or its terms related to the Website and Services at any time at our discretion. When we do, we will post a notification on the main page of the Website. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. 

An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. 

Acceptance of this policy 

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services. 

Contacting us 

If you have any questions, concerns, or complaints regarding this Policy, we encourage you to contact us using the details below: 

openeo_platform@eodc.eu 

This document was last updated on September 15, 2021