Hiber Cloud terms and conditions.

Version 1.0, Sep 30 2019.

Please read these terms of use carefully before using this site. By using the Hiber B.V. (“Hiber”) website (the "Site", which term includes hiber.cloud, Mission Control and any other on-line portal owned or operated by Hiber), any Hiber applications (“Applications”), or any documentation or materials contained in or referred to on the Site or within Applications, including but not limited to information, documents, software, graphics, sounds and images ("Documentation"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including applicable export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer, Site visitor, Application user, or Documentation user, "we", "us" and "our" refer to Hiber. “Hiber Services” mean the satellite-based data services provided by Hiber.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications or Documentation.We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact Hiber at [email protected]

YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, THE DOCUMENTATION, AND/OR THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Hiber strives to keep the Documentation and Applications posted on the Site accurate, current and up-to-date. However, Hiber cannot guarantee that all of the information on the Site or Applications or in the Documentation is accurate or complete.

1. Use of the Site. The Site, Applications, and Documentation are established and operated by Hiber solely for the convenience and use of Hiber’s customers and partners and users who have been explicitly authorized by Hiber. UNDER NO CIRCUMSTANCES MAY THE SITE, APPLICATIONS, OR DOCUMENTATION BE ACCESSED OR USED BY ANY OTHER PARTY. YOUR ACCESS TO THE SITE, APPLICATIONS, AND DOCUMENTATION MAY BE TERMINATED AND/OR DENIED BY HIBER AT ANY TIME FOR ANY REASON.

2. Ownership. This Site, Applications, and Documentation are owned and operated by Hiber. All right, title and interest in and to Site, Applications, and Documentation are owned by Hiber. None of the Documentation may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way without Hiber’s explicit prior authorization, and nothing shall be construed to confer any license under any of Hiber's intellectual property rights. Any rights not expressly granted herein are reserved by Hiber.

3. Limited Permission to Download; Fair Use; Confidentiality. Hiber hereby grants you permission to download, view, copy and print the Documentation on any single, stand-alone computer solely for the purpose of using Hiber Services, developing applications and use cases for the Hiber Services, accessing your Hiber account, and other purposes directly related to the use by you of Hiber Services. No other permission is granted. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Documentation. Any unauthorized use of any Documentation contained on this Site or Applications may violate copyright laws, trademark laws, trade secret laws, laws of privacy and publicity and communications regulations and statutes.

In order for Hiber to maintain optimal performance of its API and to ensure fair access to all users, developers and partners shall not share their token with any other party and must limit their calls and flows according to this paragraph. While we do not apply a hard limit on the number of API calls per 24 hours, your use must be reasonable given the size and the nature of your application. In the event that your application creates an excessive load on Hiber's API, Hiber reserves the right to restrict or terminate your access to its API without warning.

You hereby agree (a) to take all reasonable steps to keep all Documentation confidential; (b) to use the Documentation solely as authorized; (c) not to disclose any Documentation to any party without the prior written consent of Hiber; and (d) not to cause or permit reverse engineering of any Documentation or disassembly of any software programs.

In no event shall you use Documentation to: create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, Applications, or Documentation; or compete with Hiber in whole or in part.

4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than Hiber (each a "Third Party Site"). Hiber works with a number of partners whose sites are linked with Hiber. Hiber may also provide links to other resources with whom it is not affiliated. Hiber is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Hiber makes no guarantees about the content or quality of the products or services provided by such sites. Hiber is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hiber of the Third Party Site, nor does it imply that Hiber sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Hiber is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

5. Additional Terms. The use of Hiber Services is subject to additional posted guidelines, rules, and terms of service ("Additional Terms") and your use of Hiber Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control with respect to the Hiber Services, unless the Additional Terms expressly state that these Terms of Use will control.

6. No Warranty. The Site, Applications, and Documentation are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Hiber expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.Hiber makes no warranty that: (a) the Site, Applications, or Documentation will meet your requirements; (b) the Site, Applications, or Documentation will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of the Site, Applications, or Documentation will be accurate or reliable; or (d) the quality of any products, services, information or other material purchased or obtained by you will meet your expectations.Use of the Site, Applications, or Documentation is at your own discretion and at your own risk. Hiber shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content,materials, information or software.

7. Limitation of Liability and Indemnification. Hiber shall not be liable for any general, special, incidental, or consequential damages including, but not limited to, loss of production, loss of profit, loss of revenue, loss of data, or any other business or economic disadvantage suffered by you arising out of the use or failure to use the Site, Applications, or Documentation. Except as prohibited by law, you shall hold Hiber and its officers, directors, employees, and agents harmless for any direct, indirect, punitive, special, incidental, or consequential damages, however they arise (including attorneys' fees and all related costs and expenses of litigation and arbitration), including without limitation any claim for personal injury or property damage, arising from your use of the Site, Applications, or Documentation and any violation by you of any applicable laws, statutes, rules, or regulations, even if Hiber has been previously advised of the possibility of such damages. Except as prohibited bylaw, if there is liability found on the part of Hiber, it will be limited to the amount paid to Hiber by you over the preceding year, and under no circumstances will there be consequential or punitive damages.

8. Unsolicited Submissions. Except as may be required in connection with your use of Hiber Services, Hiber does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Hiber through or in association with the Site shall be considered non-confidential and Hiber's property. By providing such submissions to Hiber you hereby assign to Hiber, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Hiber shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

9. Compliance with Intellectual Property Laws. When accessing the Site, Applications, or Documentation, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use is at all times governed by and subject to laws regarding copyright, trade secret. trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Hiber user account.

10. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or Documentation in violation of applicable export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any agency or authority of applicable jurisdiction and to assume sole responsibility for obtaining licenses to export or re-export as maybe required. You acknowledge and agree that the Documentation is subject to applicable export laws and regulations and agree that none of the Documentation or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

11. Privacy Policy. Hiber’s Privacy Policy governing the use of the Site, Applications, and Documentation is available on the Hiber web site, www.hiber.global. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.

12. Governing Law; Venue. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Documentation is governed by the laws of The Netherlands without regard to its rules governing conflict of laws. Venue for the resolution of any dispute arising from or in connection with access to or use of the Site, an Application, or Documentation shall be the CityCourts located in Amsterdam, The Netherlands, and you hereby agree to the jurisdiction of these Courts. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.

13. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © Hiber. ALL RIGHTS RESERVED.

14. Trademarks. The Hiber name and logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Hiber. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

15. Acknowledgement. BY USING HIBER'S SERVICES OR ACCESSING THE HIBER SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.