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 planet.com, which is owned and operated by Planet Labs PBC a Delaware public benefit corporation with offices at 645 Harrison Street, 4th Floor, San Francisco, CA 94107, and sentinel-hub.com (“Sentinel Hub”), owned and operated by Sinergise Solutions d.o.o., a private limited company and wholly owned subsidiary of Planet Labs Germany GmbH organized under the laws of Slovenia (registration number 9375287000, VAT ID: SI 16991214), and with a business address at Cvetkova ulica 29, 1000 Ljubljana, Slovenia. Unless otherwise indicated, all other Services are licensed by or owned and operated by Planet Labs PBC.

For the purpose of these Terms of Use, Planet Labs PBC, Planet Labs Germany GmbH, and Sinergise Solutions d.o.o., are referred to herein as "Planet", "we" or “us”. Sentinel Hub and planet.com, including any APIs that you are authorized to access, comprise the Planet Insights 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

Planet takes the privacy of its users very seriously. For the current Planet 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 Planet Community user profile and forum posts. 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.

Planet 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, Planet 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 Planet.

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.

Planet Program-Specific Additional Terms

In addition to these Terms of Use, if you have been given permission to access the Services or Platform pursuant to the following programs(s), unless otherwise stated in the applicable Order Schedule, you are subject to the applicable product or program-specific terms (“Additional Terms”) below. If there is any conflict between these Terms of Use and the Additional Terms, then the Additional Terms govern your use of the Services pursuant to the applicable program.

Current Programs

Crisis Response

Planet Pre-Sales Trial Program

Developer Trial Program

Education and Research

Media Program

NICFI Level 1 User Access

NICFI Level 2 General Partner Access

Planet Community

Project Centinela

For terms governing legacy programs, please refer to www.planet.com/licensing-information/legacy-terms.

If you license Planet Data via Sentinel Hub, please refer to Planet Data below.

Using Sentinel Hub

Sentinel Hub allows any user who has created an account to browse earth observation data from public data sets in the Platform, or via API from other data set(s) that you have licensed. No express or implied warranties shall apply to the public data sets, which are provided “as-is” with all defects. No technical or other support is included. You may also license Planet or other third party data via Sentinel Hub. All data, including public data sets, is subject to the Collection Specific Termsbelow.

If you purchase Processing Units, you can (1) search data from public data sets in the Platform, or via API from other commercial data set(s) that you have licensed; and (2) use Sentinel Hub tools and features to process the data via API, and then download and stream that data via API. Once you have purchased Processing Units, you may add additional Processing Units as pay-as-you-go or prepaid credits. If you purchase Processing Units pursuant to a plan this is not otherwise restricted, you may use the Sentinel Hub APIs for commercial purposes, such as within an application (i.e., if a plan specifies “non-commercial/research” it may not be used for commercial purposes).

From time to time, Planet may offer “free trials” on paid plans for Processing Units, which means the user can consume the trial Processing Units for a period of time at no cost. These programs may include vouchers for non-commercial use, sponsored by the European Space Agency, as well as no-fee EO Browser access. Pricing for Pricing Units may vary by user type, quantity, payment cycle (e.g., monthly vs. annual).

Your right to continue using Sentinel Hub is conditioned on your timely payment of all applicable fees.

Sentinel Hub Payment Terms

Upon purchasing any paid Services, you authorize us or our authorized vendor(s) to store your payment method and use it in connection with your use of the Services as either monthly or annually. To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize us or our authorized vendor(s) to continue billing and charging your account for amounts owed with the information that we obtain.

Your subscription begins as soon as your initial payment is processed. If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us with a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription. You can edit your stored payment information anytime.

If your account exceeds the number of requests allowed by your plan, we may charge you overage fees at the end of your billing period. Overage rates vary by plan. You agree to pay overage fees for all usage including requests that result from unexpected traffic. We will make reasonable efforts to notify you if your account reaches 90% of the allowed volume within a billing period.

For European Economic Area customers, your bank may require you to authenticate your initial purchase using a password, a one-time code sent to your mobile number, or biometric recognition. When you authenticate, you also authorize us to charge your payment method for your additional purchases without providing us further payment information or other instructions (i.e., we will initiate future payments independently). Such additional purchases may occur when we automatically charge your payment method in connection with a recurring subscription, or when you add or change licenses or products.

Annual Plans

You will be charged, in one lump sum, the annual rate stated at the time of purchase, plus applicable taxes. Unless otherwise indicated at the time of your original subscription, your subscription will not automatically renew. You authorize us to store your payment method(s) directly or through a third party service provider and, if you agree to automatic renewal, we may automatically charge your payment method(s) every year until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it), every year upon renewal until you cancel. We may change your plan’s rate each annual renewal term, and we will notify you of any rate change with the option to cancel. If the applicable VAT or GST rate (or other included tax or duty) changes during your one-year term, we will accordingly adjust the tax-inclusive price for your plan mid-term on your next billing date.

You can cancel your subscription anytime; however, your payment is non-refundable, and your service will continue until the end of your contracted term.

Monthly Plans

Your subscription will automatically renew each month without notice until you cancel. You authorize us to store your payment method(s) directly or through a third party service provider and to automatically charge your payment method(s) every month until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it), every month upon renewal until you cancel. We may change your plan’s rate each monthly renewal term, and we will notify you of any rate change with the option to cancel. If the applicable VAT or GST rate (or other included tax or duty) changes during your one-month term, we will accordingly adjust the tax-inclusive price for your plan on your next billing date. Unused quota does not rollover month to month, and will expire if not used within the month.

You can cancel your subscription anytime; however, your payment is non-refundable, and your service will continue until the end of that month’s billing period.

You are responsible for all taxes and other amounts imposed by any governmental agency arising from your use of the Services. The fees for Services are exclusive of all applicable transaction taxes, including sales and use, value-added and business taxes. In addition, you are responsible for any bank fees, interest charges, finance charges, overdraft fees, or other fees resulting from charges billed by Planet. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

Sentinel Hub Service Levels

Planet will use reasonable commercial efforts to make Sentinel Hub services available 99% of the time every month. If Sentinel Hub does not meet this standard, you may be eligible to receive a Service Credit as described below.

Defining Unavailability

A Sentinel Hub API will be considered fully or partially unavailable when the API is inaccessible from any location (in which case availability for the API for the relevant time period will be calculated as the fraction of your API requests that are failing worldwide).

Uptime in a month will be calculated across APIs based on the uptime of each individual API you use during the month, weighted by the fraction of all your Sentinel Hub API requests accounted for by each API during that month. For purposes of this section, a "month" means a calendar month.

Service Credits

Service credits are calculated as a percentage of the total charges you owe us for Sentinel Hub services each month, or your annual fee divided by 12, as follows:

To receive a credit, you must contact Planet within 10 days following the end of the unavailability via email at info@sentinel-hub.com and include the dates and times of unavailability. If we confirm that the uptime percentage in a month covered by your request is below 99%, we will issue you the service credit. Service credit is added to the end of your term for the service, and cannot be exchanged for, or converted to, monetary compensation. The maximum service credit that we will issue for downtime in a month is 25% of the fees you otherwise owe us for that month.

This Service Level Agreement is your sole and exclusive remedy (and our sole liability) for unavailability of our services.

Limitations

A period of unavailability is excluded from the service level guarantee, and will not count towards unavailability calculations for purposes of service credits, if:

1. the unavailability is due to scheduled maintenance, provided we notify you at least 5 days in advance; or
2. the unavailability is due to Data providers failing to provide the data; or
3. you are in breach of your services agreement with us (including your payment obligations to us), or the unavailability is otherwise due to your actions; or
4. the unavailability is caused by factors outside of our reasonable control, including a force majeure event; internet access problems; blocking, filtering, or censorship of our services by a government or other third party; or other problems beyond our services.

Sentinel Hub Collection Specific Additional Terms

Within Sentinel Hub there are third party data collections (“Third-Party Collections”), which are subject to separate terms and conditions (“Collection Specific Terms”). In addition to these Terms of Use, if you have been given permission such Third Party Collections, you are subject to the applicable Collection Specific Terms below or as otherwise specified in the Platform. You acknowledge and agree that Planet makes no representations or commitments as to such Third-Party Content and assumes no liability for such Third-Party Content. You are responsible for complying with all applicable Collection Specific Terms.

If there is any conflict between these Terms of Use and the Collection Specific Terms, then the Collection Specific Terms govern in relation to that data set.

Landsat Data

Your use of USGS Landsat Data is also subject to the USGS terms. Please note that Landsat data collection acquired through the Services should be credited as follows:

Product, Image, Photograph, or Data Collection Name) courtesy of the U.S. Geological Survey processed by Sentinel Hub

Example: Landsat 7 image courtesy of the U.S. Geological Survey processed by Sentinel Hub

Sentinel Data

Your use of Copernicus Sentinel data and service information is also subject to the Legal Notice. Please note that Sentinel data collection acquired through the Services should be credited as follows:

Contains modified Copernicus Sentinel data [Year] processed by Sentinel Hub

Maxar Data

Your use of Maxar Data is subject to Maxar WorldView terms and conditions.

MODIS Data

Information about how MODIS Data can be used is available from NASA. Acknowledgement or credit of the NASA GSFC as data collection acquired through the Services should be provided. See NASA GSFC's citation examples on the following link.

Planet Data

Some users may have access to Planet’s Services pursuant to a separate signed agreement. If you have separately licensed Planet Data, you can use it in Sentinel Hub through APIs. If there is any conflict between these Terms of Use and the separate signed agreement, then the terms of that separate signed agreement shall govern in relation to that product or service.

In addition, from time to time certain limited Planet datasets may be made available to you at low or no cost for the primary purpose of evaluating different data types, including “sandbox” or “open” data. These limited Planet datasets are subject to the particular license assigned to the dataset, and not to the license provided below. No express or implied warranties shall apply to the Free Plans or Open Collections, which are provided “as-is” with all defects. No technical or other support is included.

If you license any of Planet imagery data offerings (e.g., PlanetScope, SkySat Archive, etc.) (“Planet Data”) through Sentinel Hub, and not via a separate written agreement, access to and use of such Planet Data is subject to the Usage Terms listed below and the Master Content License Agreement (“MCLA”), including the General Definitions found at https://www.planet.com/licensing-information/. Any term capitalized but not otherwise defined in these Terms of Use shall have the meaning set forth in the General Definitions. For the purposes of clarification, references to “Order Schedule” in the MCLA shall be deemed to refer to the Sentinel Hub order transaction and this section of these Terms of Use that governs use of Planet Data.

Usage Terms: If you license Planet Data through Sentinel Hub, you have the limited, nontransferable, nonexclusive, non-sublicensable, non-assignable, revocable license to: (i) use, access, and view Planet Data through the Platform and third party applications; (ii) develop online, desktop, or mobile applications (“Application Derivative Products”) and printed or digital media (“Media Derivative Products”); (iii) the right make the Application Derivative Products available to third parties (“Application End Users”) solely for their internal use and with no further rights of distribution, provided that it does not contain the source imagery from the Planet Data and from which the Planet Data cannot be extracted. You shall display an industry standard copyright notice identifying Planet as the source of the data in any Media Derivative Products or Application Derivative Products. You shall use commercially reasonable efforts to prevent, and in no event permit, the download or imagery-capture (screen-scrapes, tile grabbing, etc.) of Planet Data.

For the purposes of clarification, in the event more than one Application End User is provided with Application Derivative Products that are based on the same Planet Data (or the same Application Derivative Product is otherwise distributed to more than one distinct Application End User), you must ensure that a separate data request is submitted to Planet for each Application End User. Accordingly, Planet Data must be served directly from Sentinel Hub (i.e. via API), where the unique or new request registers the appropriate Processing Unit use, and may not rely on caching, redirection, or any other local storage.

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:

1. Infringes or violates the intellectual property rights or any other rights of anyone else (including Planet);
2. Violates any law or regulation, including any applicable export control laws;
3. Violates our Community Guidelines;
4. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
5. Jeopardizes the security of your Planet account or anyone else’s (such as allowing someone else to log in to the Services as you);
6. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
7. Violates the security of any computer network, or cracks any passwords or security encryption codes;
8. 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);
9. “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);
10. Copies or stores any significant portion of the Platform Materials except as may be permitted by separate agreement; or
11. 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 Planet 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!

TheServices, 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 Planet’s) rights.

As between you and Planet, you own the User Submissions, and you are granting Planet 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. Planet 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. Planet 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 Planet 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

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.

Except as may be the case for subprocessorsengaged by Planet under contract, Planet 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, Planet 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 Planet shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on the Platform, or between users and any third party not engaged as a subprocessor by Planet under contract, you agree that Planet is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Planet, 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."

Planet’s Copyright And Intellectual Property Policy

Planet respects intellectual property laws and has adopted the following Copyright and Intellectual Property Policy.

Reporting Instances of Intellectual Property Violations

Planet 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. Planet 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 Planet’s Services infringes a copyright, please send a notice of copyright infringement to dmcaagent@planet.com with the following information:

1. Identification of the work or material that you claim has been infringed. If this material exists online, please provide a URL.
2. Identification of the material that is claimed to be infringing, including its location on the Planet network, with sufficient detail so that Planet is capable of finding the material and verifying its existence (e.g., a URL).
3. Contact information, including your name, address, telephone number, and email address.
4. 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.
5. 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.
6. 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.

You may also submit a notice to the agent below:

DMCA Notice Agent - Legal Department

Planet Labs PBC

645 Harrison Street, 4th Floor

San Francisco, CA 94107

Phone: (415) 829-3313

Counter Notices / Appeals

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Planet at dmcaagent@planet.com or by mail at the address above.

Termination and Cancellation

Termination

Planet 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. Planet 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 or 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 Planet. 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 Planet customer to promote and market Planet services.

Warranty Disclaimer

Neither Planet 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 Planet 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 PLANET AND SENTINEL HUB PRODUCTS, ARE PROVIDED BY PLANET (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 PLANET (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 PLANET 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 Planet, 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 Planet's prior written consent. We may transfer, assign, or delegate these Terms of Use and our rights and obligations without consent.

Compliance

Your use of the Services shall comply fully with all applicable laws and regulations, which may include, without limitation, the Foreign Corrupt Practices Act and other anti-corruption laws and regulations, economic sanctions administered by the U.S. Department of the Treasury, and export controls administered by the U.S. Department of Commerce, the U.S. Department of State, and other governments and governmental entities (collectively, “Trade Control Laws”). Without limiting the foregoing, you shall ensure that neither the Services nor any part or derivation thereof is: (a) provided to or the subject of any transaction or dealing, directly or indirectly, with or related to a Sanctioned Jurisdiction or Restricted Party (as such terms are defined below), except as prior licensed or otherwise authorized under Trade Control Laws; (b) exported, reexported, transferred, re-transferred or otherwise shipped, directly or indirectly, in violation of any applicable Trade Control Laws; or (c) used for nuclear end-uses, rocket systems, unmanned air vehicles, chemical or biological weapons, maritime nuclear propulsion, weapons of mass destruction, or other restricted end-uses except as licensed or otherwise authorized under applicable Trade Control Laws. “Sanctioned Jurisdiction” means a country, region, territory, or government with respect to which the U.S. government imposes economic sanctions (e.g., Crimea, Donetsk, and Luhansk regions of Ukraine, Cuba, Iran, North Korea, and Syria). “Restricted Party” means an individual or entity included on any of the restricted party lists maintained by the U.S. Government (e.g., Specially Designated Nationals List, Foreign Sanctions Evader List, Sectoral Sanctions Identification List, Denied Persons List, Unverified List, Entity List, or List of Statutorily Debarred Parties).

Ethics

You acknowledge receipt of Planet’s Statement of Ethical Principles (https://www.planet.com/ethics/ or successor URL). Without limiting your obligation to comply with applicable international law, Planet may suspend or terminate your access to the Services or any part thereof if Planet has a reason to believe that you have used the Services for the intentional targeting of civilians or in connection with the indiscriminate use of weapons.

Limitations on Planet’s Operations

From time to time, Planet 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, Planet 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. Planet’s limitation on operations for the reasons set forth herein shall not be considered a failure or breach of these Terms of Use.

US Government Rights

No technical data or computer software is developed under these Terms of Use, and the Services provided hereunder are “commercial products and services” as that term is defined at FAR 2.101 and have been developed at private expense. The Services and all parts thereof are provided with limited rights asserted by Planet.

Choice of Law; Arbitration

If you reside or your company’s registered or business address is in the USA or elsewhere in the world outside of a member country of the Council of Europe, then these Terms of Use are deemed to be executed with Planet Labs PBC, and the following terms apply:

These Terms of Use are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws’ provisions thereof. Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California or the Northern District of California.

Any arbitration under these Terms of Use will take place on an individual basis: class arbitrations and class actions are not permitted.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE BINDING CONTRACT BASED ON THESE TERMS, YOU AND PLANET ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

If you reside or your company’s registered or business address is in a member country of the Council of Europe, then these Terms of Use are deemed to be executed with Planet Labs Germany GmbH, and the following terms apply:

These Terms of Use are governed by and will be construed in accordance with the laws of Germany. All disputes arising out of or in connection with these Terms of Use or its validity shall be finally settled in accordance with the Arbitration Rules of the German Institution of Arbitration (DIS) without recourse to the ordinary courts of law. The place of arbitration is Berlin. The arbitral tribunal shall be composed of three (3) arbitrators. The language of the arbitral proceedings is English.

Trademark Information

“Planet”, “Planet Labs”, “Planet Insights Platform”, “SkySat”, “Sentinel Hub”, “Dove” and various other trademarks, logos and service marks (the “Marks”) displayed on www.planet.com,www.sentinel-hub.com, and other sites owned and operated by Planet are trademarks of Planet Labs PBC and its affiliates, or of their respective third-party owners. Use of the Marks is not permitted absent prior written consent of Planet or of the respective third-party owner.

Aggregate Data

Without limiting Planet’s Privacy Policy (planet.com/privacy), Planet is permitted to monitor the functioning and performance of the Services used by the customer and generate performance analytics based on this data. However, any tracking and analytics performed by Planet will be anonymized and aggregated (“Aggregated Anonymous Data"). Planet may use the Aggregated Anonymous Data to analyze, improve, support and operate the Services and otherwise for any business purpose, including without limitation to generate industry benchmarks or best practices guidance, recommendations or similar reports for distribution to and consumption by users. For clarity, nothing herein shall be deemed to give Planet the right to identify a user as the source of any Aggregated Anonymous Data

Reasonable Use

Planet 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. Planet 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 Planet 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 Planet agree that these Terms of Use are the complete and exclusive statement of the mutual understanding between you and Planet, 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 Planet, and you do not have any authority of any kind to bind Planet in any respect whatsoever. You and Planet agree there are no third-party beneficiaries intended under these Terms of Use.

Legal Contact and Notice Information

You may send notices to Planet at 645 Harrison St., 4th Floor, San Francisco, CA 94107 Attn: Legal Department. If you have any questions concerning the usage or licensing of Planet’s trademarks or copyrights, or use of the Services in general, please contact the Planet Legal Department by email at legal@planet.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.