2.1. This Agreement is concluded between the User and the Company for an indefinite term and governs the procedure for using the Service and the Content posted therein.
2.2. If an Organization enters into an additional Contract (other agreement or offer), it undertakes to familiarize its Users with the terms of this Agreement and bears full responsibility both for the actions of its Users under this Agreement and for safeguarding access credentials (passwords and logins) to the ID, and undertakes to take measures to ensure their confidentiality.
2.3. All actions performed in relation to the Service and the Content using the Organization's (Organization Users') passwords and logins, or passwords and logins provided to Organization Users, are deemed to have been performed by the Organization.
2.4. The Company is not liable in the event of unauthorized access by third parties to the Organization's and/or its Users' account, carried out using the relevant login and password and/or any other means of access.
2.5. Using the Service in any manner and in any form within its declared functionality, including:
2.6. By using the Service, the User is deemed to have read and accepted the terms of this Agreement, as well as other provisions of the Company's Legal Documents, in full.
2.7. This Agreement contains the main terms of use of the Website and the Service. If the User disagrees with any provisions of the Agreement, they must not use the Website or the Service.
2.8. The Agreement may include clauses with active hyperlinks to pages of the Website or the Service (other Websites and Services of the Company or its affiliates), which form an integral part of the Agreement.
2.9. The Agreement enters into force upon publication on the Website and remains valid indefinitely.
2.10. The Company may amend this Agreement at any time unilaterally at its discretion without special notice to the User; the new version enters into force upon being posted on the Website. The User can review the current version of the Agreement on the Company's Website at any time. If the User disagrees with the changes, they must not use the Website or the Service.
2.11. Use of the Service's functionality is permitted only after the User completes registration and authorization on the Website. The result of the procedure is an account (ID).
2.12. The login and password chosen by the User during registration are necessary and sufficient information for the User to access the Website and the Service's functionality, unless otherwise established by an individual Contract concluded with the User. After registration, the User must confirm their email address, thereby activating their account.
2.13. The User may not transfer their login and password to third parties and bears full responsibility for keeping them secure, choosing the method of storage independently. The User is also prohibited from using another User's account to access the Website or the Service. Unless proven otherwise by the User, any actions performed using their login and password are deemed performed by the respective User. In the event of unauthorized access to the login and password and/or the User's account by third parties, or any other actual or potential leak of the User's registration data, the User must immediately notify the Company by email at support@scale.earth and follow all steps to change the login/password or take other actions aimed at neutralizing the consequences of the data leak.
2.14. The User may delete their account by sending a relevant request to the Company at support@scale.earth from the email address used to register the account.
2.15. The Company may temporarily block or delete the User's account without prior notice and without stating reasons, including in the event the User violates this Agreement and/or other provisions of the Company's Legal Documents. After account deletion, the User loses access to the Website and Service functionality, as well as to posted Content available only to registered Users.
3.1. The Company provides the User with access to the following Service functionality:
3.2. The Service is provided both free of charge (free subscription) and on commercial terms (paid subscription).
3.3. When registering solely under the terms of this Agreement, without concluding an additional Contract (other agreement or offer) for paid functionality, the following functionality is available to the User:
| Parameter* | Limits |
|---|---|
| Storage | 100 MB |
| Maximum number of maps (projects) you can create | 6 |
| Layers available to create across all projects | 20 |
| Data formats for import | "shp", "kml", "kmz", "geojson", "json", "geotiff", "jpg", "kml" |
| Maximum vector file size | 5 MB |
| Maximum raster file size | 50 MB |
| Maximum 3D model size | 10 MB |
| Maximum number of teams** | 1 |
| Maximum number of users in a team** | 1 |
3.4. The Company reserves the right to establish and change at its discretion any rules, limits, and restrictions on use of the Service, including but not limited to: disk space allocated for storing the User's Content; the number of Content objects; the number of requests to the User's Content per unit of time; and access settings for the User's Content. Where not prohibited by law, these rules, limits, and restrictions may differ for different categories of Users.
3.5. If the User does not use the Service for 1 (one) calendar year, all Content created under their account is deleted without additional notice.
3.6. The Company reserves the right to modify/fix or update the Service at any time without prior notice to the User.
3.7. The User bears full responsibility for complying with applicable law when using the Service, and is liable to third parties for their actions related to use of the Service and for the Content they post, especially if such actions and/or Content result in violations of the rights and legitimate interests of third parties.
3.8. When using the Service, the User must not:
3.9. In the event of violation of any provisions of this Agreement, Russian Federation law, the rights and legitimate interests of the Company, other Users and third parties, complaints about the User and/or the Content posted by them, as well as in cases of suspicion of the violations specified in this clause, the Company may delete the account or suspend the User's access to the Service, and also fully or partially delete Content posted by the User in the Service, without any prior notice and without stating reasons.
3.10. The Company will take all reasonable measures and perform any appropriate actions aimed at ensuring the safety of the User's Content that does not violate this Agreement and the law, and maintaining the operability of the Service. The User understands that technical failures and disruptions may occur and agrees that the Company has no technical ability to predict them, notify the User in advance, or completely eliminate the possibility of their occurrence. Such failures or disruptions, regardless of causes and consequences, cannot serve as grounds for holding the Company liable.
3.11. Other technical, organizational, and commercial terms of Service use, including its functionality, are communicated to the User either by posting relevant information on the Website or in separately concluded Contracts and other agreements.
4.1. The User is solely responsible for ensuring that the content they post complies with applicable law, including liability to the Company, other Users, and third parties in cases where posting certain content or the content itself violates the rights and legitimate interests of the above persons, including authors' moral rights, other intellectual rights of third parties, and/or encroaches on their intangible benefits.
4.2. The User understands, acknowledges, and agrees that the Company bears no responsibility for the legality, accuracy, completeness, or validity of Content and is not obliged to review Content created, posted, distributed (or otherwise used) by the User, and that the Company has the right, unilaterally and without any prior notice, to delete any content available through the Service.
4.3. The User acknowledges and agrees that the Service's technology may require the Company to copy the User's content, as well as process it to meet technical requirements.
5.1. The Service is a result of the Company's intellectual activity and is protected under the Civil Code of the Russian Federation. The exclusive right to use the above result belongs to the Company. The User may use it only for the purposes and within the limits established by this Agreement and the relevant additional contract (other agreement or offer).
5.2. Objects included in the Service and those accessible through it, including design elements, text, graphic images, illustrations, video, computer programs, databases, music, sounds, and other objects and compilations thereof (the "Service Objects"), as well as Content posted in the Service, are objects of exclusive rights of Users, the Company, other rightsholders, or are part of the public domain.
5.3. Use of Content and any other Service Objects of the Company is possible only within the Service's functionality. By posting Content lawfully owned by the User in the Service, the User grants the Company a non-exclusive right to use it free of charge for the purpose of ensuring the Service's operation. These non-exclusive rights are granted for the period the Content is hosted in the Service and apply worldwide. No other Service Objects and/or Content may be used otherwise without prior permission of the relevant rightsholder.
5.4. The User may use the Company's Service Objects and Content for personal non-commercial purposes provided that all copyright, related rights, trademark, and other authorship notices are preserved, the author's name/rightsholder's name remains unchanged, and the relevant object remains unaltered. Exceptions apply only in cases expressly provided by Russian law or a separate agreement with the Company and/or the relevant author.
6.1. The Service may contain links to other third-party websites on the Internet owned by third parties or services originating from them (Third-Party Websites and Third-Party Services, respectively) and content (Third-Party Content).
6.2. Such third parties, their Websites, Services, and Third-Party Content are not verified by the Company for compliance with any requirements (accuracy, completeness, legality, etc.).
6.3. The Company is not responsible for any information, content, or materials posted on Third-Party Websites and Services that the User accesses using the Service, nor for their availability and the consequences of the User's use of them.
6.4. Links to Third-Party Websites, information and/or content, as well as advertising placed on the Website and/or in the Service, do not imply endorsement or recommendation of those third parties, their data, information, content, or other products (services, activities) by the Company, except where explicitly stated on the Company's resources.
7.1. The User uses the Service and Content at their own risk and is solely responsible for possible consequences of using Content, including damage it may cause to the User's devices or software, data loss, or any other harm.
7.2. The Company does not moderate Users' Content, does not control its content, and is not responsible for the legality, accuracy, completeness, or validity of Content created (posted) and distributed by the User, nor for Users' actions regarding their use of the Service. The User accepts and agrees that when using the Service they may encounter offensive, malicious, untrue, or non-compliant Content.
7.3. Any actions to protect the legitimate rights and interests of Users and third parties are possible only after an appropriate request by the interested person to the Company.
7.4. The Service and Content are provided "as is". The Company bears no responsibility for the results of using the Service, nor for the Service's fitness for the User's purposes.
7.5. The Company (including its employees) is not liable for any types of losses or harm:
7.6. Under any circumstances, the Company's aggregate liability under Article 15 of the Civil Code of the Russian Federation is limited to 5,000 (five thousand) Russian rubles and is imposed on the Company only if fault is established in its actions.
8.1. The laws of the Russian Federation apply to the terms of this Agreement and to relations between the Company and the User not governed by the Agreement. All disputes arising from relations governed by this Agreement are resolved through negotiations under Russian law. If an amicable settlement is impossible, any claims or lawsuits are filed and heard in the court at the Company's location.
8.2. Unless explicitly stated otherwise, the term "legislation" in this Agreement means the legislation of the Russian Federation.
8.3. If no relevant additional consumer-focused contract and/or commercial offer is concluded with an individual, Russian consumer protection laws do not apply to this Agreement and the relations between the Company and the User.
8.4. If one or more provisions of this Agreement are deemed invalid or legally unenforceable, it does not affect the validity of the Agreement as a whole; the remaining provisions remain in force and applicable to the parties' relations.
8.5. In case of discrepancies between this Agreement and the texts of individual contracts, offers, or other agreements, the provisions of the latter shall prevail.