This document sets out the terms that apply to subscribers of the Services provided from or via our website(s), including www.pointerra.com, app.pointerra.io and similar sites and subsites (Website) as part of a subscription agreement between Pointerra and you under our Subscription Terms (Subscription). These Hosting Terms will only apply to you if and to the extent that Hosting Services are included in your Subscription as specified on the applicable Order Form. A reference in these Hosting Terms to ‘Pointerra’, ‘we’, ‘us’ or ‘our’ means Pointerra Limited ACN 078 388 155. A reference to ‘you’ or ‘Subscriber’ means you or the entity you represent. Capitalized terms not defined in these terms and conditions have the meaning attributed to them in the Subscription Terms.
1. Hosting Service.
If Hosting Services are included in your Subscription:
- You may upload, store and manage point-cloud data provided you (Hosted Data) to cloud-based storage facilities managed by Pointerra in accordance with the instructions and data specifications provided to you from time to time on or via the Website;
- subject to these Hosting Terms and any applicable Data Contribution Terms, Pointerra will store Hosted Data solely for the purpose of making Hosted Data available for use by you with other Services provided as part of your Subscription, including Visualization Services and Data Contribution Services;
- you may download a copy of the whole or any part of Hosted Data free of additional charges; and
- Pointerra will provide support in accordance with the support service levels described on Support sections of the Website from time to time.
These Hosting Terms are part of and coterminous with your Subscription in accordance with the Subscription Terms and the applicable Order Form.
- Fees for Hosting Services are charged on a monthly basis in arrears, calculated by reference to the volume of Hosted Data uploaded and stored by you during the applicable month (Hosting Fee).
- Pointerra may change the Hosting Fees for each Renewed Term at any time, and will advise you in writing of that change, prior to expiration of the previous Subscription Period. Such advice may be provided at any time by posting the changes to the Website or by email to you.
- The Hosting Fees are non-refundable – there will be no refunds or credits for terminations prior to the end of a Subscription Period, upgrade/downgrade refunds or account cancellations. If you are not in breach of the applicable Subscription Terms or these Hosting Terms, and Pointerra elects to terminate the Subscription and/or the Hosting Service, Pointerra will refund to you any pre-paid fees relating to the portion of the Term remaining as at the effective date of termination.
4. Your Responsibilities.
- ensure that Hosted Data complies with all specifications and requirements provided to you from time to time;
- ensure that your computing and mobile devices, computer network and communication systems (including software and Internet connectivity) are suitably configured, maintained, and operated so as to enable you to effectively access the Hosting Service;
5. Hosted Data Rights
- The Hosting Service allows you to upload, submit, and store Hosted Data. You retain ownership of any intellectual property rights that you or your affiliates own in Hosted Data.
- You warrant that you own or have all necessary rights, licenses or permissions to supply the Hosted Data to Pointerra for the purpose of the Hosting Service and to grant the licenses to Hosted Data under these Hosting Terms.
- When you upload, submit or store Hosted Data to or through the Hosting Service, you grant Pointerra a worldwide license to use, host, store and reproduce the Hosted Data for the limited purpose of operating, promoting, and improving the Hosting Service. This license continues even if you stop using the Hosting Service, unless you delete the Hosted Data.
- You have the sole responsibility for the accuracy, quality, integrity, legal compliance, reliability, appropriateness and rights ownership in all Hosted Data. You acknowledge that the Hosted Service does not detect, and is not capable of detecting, faulty or aberrant input data.
- Hosted Data are free of any digital rights management, electronic security or copyright control mechanisms, and are not infected by any virus or malicious software.
6. Sharing Hosted Data.
You may share all or part of your Hosted Data via the Service using Tokens. Each Token provides a link to a selected set of Hosted Data on our Website, which enables any third party to access and view that Hosted Data via the Website for a specified period of time. After the specified period of time expires, the recipient’s access to the data will terminate. The use of Tokens may be subject to payment of additional charges (for example if the recipient does not have a Subscription to the Service.)
- If and to the extent that you elect or are requested by Pointerra to supply Hosted Data via alternative methods, including without limitation by the physical delivery of an external data storage device (Hardware), then you must comply with all requirements for that supply advised by Pointerra from time to time.
- All Hardware must be sent by registered prepaid post to the address notified to you by Pointerra. Risk in Hardware shall pass to Pointerra upon signed receipt of the delivery. Pointerra shall endeavor to return all hardware to you within a reasonable period after receipt and upload of the Hosted Data, to the return address included on the original package. Risk in Hardware returns shall pass to you upon dispatch.
8. Third party services.
Pointerra engages third party providers to operate the Hosting Service on its behalf. You shall comply with all requirements and restrictions that such third party providers may impose on you directly, or indirectly by imposition on Pointerra, in relation to their respective products and/or services, whether applicable at the time of, or subsequent to, the Start Date. For your convenience, Pointerra has set out here links to the terms and conditions of these third party providers that you are required to comply with. Third party providers and their terms of supply may change from time to time during the Term of the Agreement.
You indemnify Pointerra from and against all liabilities and reasonable expenses (including but not limited to attorney fees) judgments, fines, or penalties that Pointerra incurs as a result of any claim made against Pointerra by a third party that the Hosted Data infringes the intellectual property rights of that third party.You will notify Pointerra immediately in the event if you become aware of any breach (or potential breach) of third party intellectual property rights.
Last updated 26/07/2017.