Terms of use - Utiliser License

1. GENERAL

These terms constitute an end user license agreement between the end user (“Client”) and GISGRO OY (“GISGRO”), a Finnish company headquartered at Yrjönkatu 42, FIN-40100 Jyväskylä, Finland. These Terms shall govern the use of software for viewing and analysing data (“Software”) marketed with the brand name “Gisgro” and fully developed by GISGRO regardless of the license type of the Client

The Software may be used in connection with and for the storage and evaluation of any data or for the purposes of viewing and analysing data provided by third parties (“Service”). The registration for the use of Software indicates Clients acceptance of these terms (“Terms”).

2. GRANT OF LICENSE

The Software is not sold but licensed. GISGRO may grant both royalty-bearing and free licenses (limited features and services) to the Software or separate modules related to the Software.

Subject to the full payment of applicable fees to GISGRO and Clients registration to the Service, GISGRO grants Client a non-exclusive, royalty-bearing, non-transferable and non-sublicensable right to use the Software and any additional modules or components available for the Software from time to time for the purposes of viewing and analysing data (“Purpose”). GISGRO may, upon its sole discretion, issue additional modules, functionalities or updates of the Software, which will be made available to Client as determined by GISGRO from time to time.

Upon request of a Client holding a license to the Service with a functionality to grant temporary licenses for a restricted time period to its own customers free of charge, GISGRO may verify such a license for an agreed period. After the agreed period, the Client’s separate and temporary license shall automatically be converted into a free and restricted license, unless the Client wishes to purchase a separate license holder subject to the applicable fees of GISGRO. If the Client is not willing to choose a separate license after such temporary trial period, GISGRO grants Client a non-exclusive, non-transferable and non-sublicensable right to use the Software for the limited purposes of free license only. The Client approves that the validity of such customer licenses is restricted to the validity of the Clients full license inviting such customer to use the license.

GISGRO reserves the right to change the terms, conditions, and notices under which Software is offered, including but not limited to the charges associated with the use of Software.

3. COPYRIGHT

The Software is owned by GISGRO and it is protected by copyright laws, international treaty provisions and all applicable national laws. In the event Client installs additional components for the use of Software, such components shall be treated like any other copyrighted material. Client may not reverse engineer, decompile or disassemble the Software.

4. REGISTRATION TO THE SERVICE

The use of the Service requires registration. Furthermore, any use of Software or storage of Data requires an active user registration by the Client. The license may be provided by any other party providing Services to Clients by using the Software subject to separate surveyor license granted by GISGRO.

The license to the Software is granted by establishing user accounts for the use of named Client personnel. The Client shall ensure the personnel holding user accounts shall administer the user account information (username and password) with due care and shall not inform or release the account information to any third parties without a written permission of GISGRO in advance.

The Client shall be fully liable for all user accounts granted to the Client and email addresses linked to Clients’ accounts. Any requests to GISGRO by the Client shall be completed via email addresses linked to user accounts verified by the Client to GISGRO. For the purposes of maintaining any Data of the Client confidential, GISGRO shall have no responsibility to grant user accounts based on requests from any other contact information than those verified by GISGRO. GISGRO shall have a right to request additional information in order to verify the Clients’ account or email related to it.

In the event the Client uses a limited and free-of-charge license period for testing purposes and does not purchase a separate license during such period, GISGRO shall have no obligation to store such user account information or Data uploaded to such account or return previous accounts. In such event, all Data may be deleted by GISGRO after one month.

GISGRO shall use the personal data connected to the registration for the purposes of Software use and development, user account maintenance, license type maintenance and surveillance and for commercial or technical announcement purposes. GISGRO may also use personal data for the purposes of optimizing digital customer marketing and surveys with the help of third party service providers.

The Client shall be fully liable on the collection and use of any personal data used, stored, collected or transferred in connection with the use of Service.

The Software uses cookies and similar technologies. Any information collected based on such measures shall be deemed as non-personal data. Any use of personal data shall be subject to the privacy policy of GISGRO available at www.gisgro.com.

5. DATA COLLECTION, STORAGE AND GISGRO’S RIGHT TO USE DATA

The use of Service requires transfer of 3D data or other information (“Data”) to the Software. The Data shall be collected either by the Client or a third party (both referred to as “Service Provider”) that uses the Service subject to separate agreement with GISGRO. The Client acknowledges that all Data uploaded to the Service is collected and uploaded by Service Provider and such Service Provider shall be fully liable for any requirements or specifications in the Data and grant Clients an access to Data as the Service Provided and the Client may separately agree. By using the Service and accessing Data therein the Client approves the Data.

GISGRO does not claim ownership to any part of Data and any Data shall remain the property of the Service Provider or the Client. However, upon the upload of Data to Software and for the purposes of providing the Service, GISGRO shall be granted an irrevocable and royalty-free right to

receive, store, process and analyze Data (for GISGRO’s internal purposes only);
provide and present reports based on the Data (for GISGRO’s internal purposes only);
use Data for Software development purposes (by GISGRO and/or its software development partners only); and
use the Data in anonymous form for developing modifications, alterations and/or derivatives in relation to the Software or any other rights possessed by GISGRO.

In no event shall GISGRO release or transfer Client-specific Data to third parties for any other purposes than above.

In the event the Client shall not continue the use of Service, user account of the Client is inactive, or the Client shall not pay the applicable fees, GISGRO shall have a right to delete all Data from the Service and has no liability over the Data after a notice period of one month. The Client shall be liable for maintaining suitable backup copies.

In the event of any misuse of these Terms, GISGRO may remove any Data from the Software in GISGRO’s sole discretion.

The Client shall grant GISGRO a right to collect and transfer to online payment service provider all necessary information in order to complete regular online payments for the use of Service.

6. REPORTS AND MATERIAL RELEASE

The Service Provider using the Software or Service is able to release material created based on the Data by the Service Provider to any Client or any third party invited to use the Service by the Client. The material may be released to Clients or third parties invited to use the Service by the Client and subject to applicable license for the Service.

The Client acknowledges that all Data and reports thereof shall be visible to the Service Provider as well as all parties invited to use the Software by the Client. Furthermore, any invited parties also require a license to the Service.

The Client shall be fully liable for any invitations to in relation to access to the released material of the Client related to the Service. GISGRO shall have no liability over invitations completed by the Client and the resulting publicity of Data or material connected to the Client.

7. WARRANTIES OF THE CLIENT

GISGRO shall have no liability over the Data. By posting, uploading, inputting, providing or submitting Data to the Service Provider or allowing the Service Provider to use Data for the Service, the Client warrants and represents that Client owns or otherwise controls all of the rights to Data including, without limitation, all the rights necessary for Client to provide, post, upload, input or submit Data as well as use the Data to which all right originate to the Service Provider. Furthermore, the Client warrants that it has all necessary permits for the Data submitted to the Service Provider especially including or deemed as personal data (location information based on mobile devices etc.)

As a condition of Client’s use of Software, Client warrants to GISGRO that Client will not use Software for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Client may not use Software in any manner which could damage, disable, overburden, or impair Software or interfere with any other party’s use and enjoyment of Software. Client may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Software.

Furthermore, the Client warrants that the Client shall not commit the following:

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless Client owns or controls the rights thereto or has received all necessary consents;
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
Advertise or offer to sell or buy any goods or services for any business purpose, unless Software specifically allows such messages;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file posted by another user of Software that Client knows, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Software or other material contained in a file that is uploaded;
Restrict or inhibit any other user from using Software;
Violate any code of conduct or other guidelines which may be applicable for the Software;
Harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
Violate any applicable laws or regulations.

8. INTELLECTUAL PROPERTY RIGHTS

Based on these Terms or any other agreement the Client shall acquire only the license right set forth in these Terms. The Software, any intellectual property rights (regardless of legal protection) possessed by GISGRO or any enhancements or proprietary material thereto shall remain the sole property of GISGRO. GISGRO shall have an unlimited right without any compensation to use any Data for its own development and file patent applications, develop products and/or applications based on Data or seek any other commercial purposes based on the use of Data, provided that the Data is used anonymously or in a format not directly connectable to Client or third party.

Any intellectual property rights possessed by Client shall remain the sole property of Client with the exceptions set forth in section 5.

Any use of Software along with third party applications (such as browsers, adobe acrobat reader etc) shall be subject to license terms of respective third party licenses.

9. LIMITED WARRANTY

The Software is provided to Client on as is -basis and GISGRO shall not warrant the merchantability of the Software for the Clients business. GISGRO holds the sole right to alter and modify the Software and manage availability.

GISGRO shall grant no warranties in relation to the following and requires that

Client meets the Software and hardware requirements as set out in technical requirements;
The Data is installed or uploaded correctly and Client has not changed any critical settings required by Software;
Software is used according to the instructions and pre-conditions of use delivered to Client;
GISGRO has permanent access to Data; or
Client stores a backup copy of any relevant Data uploaded to Software.

10. TERMINATION

The agreement concerning the Service may be terminated by Client upon seizing the use of Software and by GISGRO with a written notice of 30 days on any grounds. In the event the Client breaches any of the terms and conditions of these Terms, GISGRO shall have a right to terminate the agreement with immediate effect. All provisions of these Terms relating to disclaimers of warranties, limitation of liability, remedies, or damages, and GISGRO’s proprietary rights shall survive any such termination.

The Licensee shall not have a right to transfer or assign these Terms. GISGRO shall have a right to assign these Terms to any affiliate of GISGRO or in connection of any business transaction.

11. GENERAL LIMITATION OF LIABILITY

IN NO EVENT SHALL GISGRO OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS OF DATA, BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE INTERFACE UNIT, EVEN IF GISGRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE. IN ANY CASE GISGRO’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CLIENT FOR THE SOFTWARE.

12. GOVERNING LAW

These Terms as well the agreement related to the Service is governed by the laws of Finland. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of Finland and further agrees to commence any litigation that may arise hereunder in the courts located in Finland.

Updated on: 18/02/2025