Terms & Conditions Policy
We at Datair Technology Pvt. Ltd. (“our”, “us”, “we”, “Company”) working under the Trademark “Ambee” have developed Ambee’s product website available at: https://www.gspatial.ai/ (collectively referred to as “Platform”). We, via our Platform (i) provide our users (“you”, “your”, “yours”) access to high-resolution and high-frequency environmental data, as well as our reports, newsletter, research articles, videos and updates; and (ii) develop tools support deeper understanding and predict climate change. Our mission is to provide to all our users and other stakeholders real-time accessible environmental intelligence worldwide.
Carefully read these Terms before you access and use the Platform or any Service as they contain the agreement between you as our users and us. The use of our APIs to you and any of the Services may be subject to further terms and conditions, as may be released by us from time to time and your use of the APIs and the Services shall be subject to your compliance with such additional terms as well.
We may at any time revise these Terms as well as update the Platform and our Services regularly, so please keep visiting this page to find out more. If you do not agree with any of the part mentioned in these Terms, please stop using our data and the Platform immediately.
1. Eligibility and Use
In order to use or access our Platform and services, you must be competent to enter into a contract under applicable laws. If you continue using the Platform, then you represent and warrant to us that you are competent to enter into a valid and binding contract under applicable laws. In the event you access or use the Platform or Services for and on behalf of a legal entity (whether a single or multiple entities), you represent and warrant that you have the authority to bind such entity (and its affiliates or associated entities) to these Terms.
To access certain features offered by the Platform, you may need to create a user account (“User Account”). To create a User Account (as and when applicable), you will need to provide us your contact details (e-mail address, telephone number, mailing address etc.), age/date of birth, or any other information required you to provide the services on our Platform. You will also be required to create a unique username and password. You are solely responsible for maintaining the confidentiality of your User Account, password, and restricting access to your computer or mobile device, and you hereby accept responsibility for all the activities that occur on your User Account. You acknowledge that the information you provide does not infringe any third party rights. If you know or have reasons to believe that the security of your Ambee User Account has been breached, you should contact our grievance officer immediately as per the contact information provided in these Terms. If we find a security breach or suspected security breach of your User Account, we may require you to change your password, and/or temporarily or permanently block your User Account without us incurring any liability.
The data purchased from the platform/service will be available for download or export for a duration of one year in the user account after which will be inaccessible to the user. In addition, you agree to comply fully with all applicable export laws and regulations to ensure that neither the Services, nor any data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations.
2. Grant of license
With your full compliance with these Terms, we grant you a non-assignable, non-exclusive, non-commercial, revocable, non-transferable, limited license to freely access and use the Platform and Services solely for your personal or internal business purpose (as the case may be) as authorized under and in accordance with these Terms. You do not have any permission to download, copy, install, or use the Service for any other purpose without our prior written consent.
Some parts of the Service (including APIs) may be subject to an open-source copyright license agreement and use of said Services will therefore also be governed by the open-source license terms provided with the said Service. We may, in our sole discretion, add or remove functionality from the Platform, including releasing new products, Research Materials, and APIs from time to time.
3. Opt-Out Request
If you provide us with your email address then, we may send you Research Materials and any information we deem relevant regarding our Services, including release of new services or modification to the features of the Services. If you do not wish to receive such messages and notifications and would like to unsubscribe from our mailing lists, you may do so by contacting us at firstname.lastname@example.org
Do note that we may still send you information we deem necessary and in your interest despite your unsubscribing from our mailing list.
4. Use of Bots and Chatboxes
If you access the Bots via our Platform, then we may require you to share your email ID and/or phone number with us.
You further represent and warrant that using the Bots shall not make us liable in any manner, whatsoever for any loss of information, changes to your SNS Site account privileges and benefits, or any other loss or liability that may be suffered by you.
5. Third-Party Data and Content
In order to host the Platform and provide you the Services we may use various third-party data, software and/or services. While we have appropriate agreements in place with these third parties, we do not accept any liabilities that may arise from our use of/reliance on such third-party data or services.
6. Disclaimers and Limitations
All the data and information on the Platform and Services is invalidated at the time of publication and may be amended, without notice, at any time. While we have exercised reasonable skill and care in compiling the information on the Platform, under no circumstances will we, our employees or agents be liable in contract, tort or otherwise for any direct or indirect, special or consequential loss, injury or damage including loss of revenue, loss of reputation or goodwill, loss of profit, compute or device failure, lost or corrupted data, interruption of business, arising directly or indirectly use or access of the Platform, the Services and/or APIs or reliance on the information so provided to you.
We accept no responsibility for any of the information that we communicate or Services we provide to you in good faith. We are not responsible for any losses that you might incur from any inaccuracies in our information and data. Our services are provided on an “as is” basis without any representations or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Platform, or Services, including its uninterrupted, timely, secure or error-free provision, or continued compatibility for your use. You further agree and understand that in the event that the data sets available become erroneous or unavailable then we may not be able to provide any Services, information or data to you and any information provided to you may be unusable.
7. Intellectual Property
All rights, interest and title in all content, all images, illustrations, graphics, video clips, text, reports generated, databases, utility models, underlying technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, underlying codes and algorithm, mask works, moral rights, trade secrets, copyrights, trademarks, patent, rights of publicity, trademarks, service marks, logos and designs, data analysis, data models, data sets, formulae and processes, and any upgrades, fixes, improvements or modifications thereto in relation to the Services, Research Material, APIs, API documentation, products or Platform (“Intellectual Property”) unconditionally vests with us and constitutes our exclusive Intellectual Property.
You only have a limited, non-assignable, non-exclusive, non-commercial, revocable, non-transferable license to access our Platform and use its various features for your personal and/or internal business use and lawful requirements only. You do not have the right to duplicate, distribute, creative derivative works of display, or commercially exploit our Intellectual Property, directly or indirectly, without our prior written permission. In the event that you create any derivative works using our Intellectual Property without our explicit written permission then we shall have all ownership and beneficial rights in such derivative work free of charge.
We shall further have a worldwide, non-exclusive, sub-licensable, perpetual, royalty-free and irrevocable right to use any and all text, images, profile information, data, video, content, materials, information or communications, feedback, or hyperlinks to any of the foregoing, that you provide to us, for (i) any marketing as well as product or Service improvement, (ii) formulating reports based on your information and data (in aggregate and anonymous form) to optimize and benchmark our Services for other customers, and (iii) perform such other actions as may be reasonably necessary in connection with your use of the Service.
You agree that any feedback or communication you provide to us as provided herein is unsolicited and without restriction and does not place us under any fiduciary or other obligation, and that we are free to use the same without any additional compensation to you, and/or to disclose it on a non-confidential basis or otherwise to anyone. In the event that you provide us with your name, likeness, or image then we shall also have a worldwide, non-exclusive, sub-licensable, perpetual, royalty-free and irrevocable right to use such name, likeness, and images for marketing purposes.
We are committed to ensuring that none of the information or content on the Platform violates the law or infringes third-party intellectual property rights. While we preliminarily review content on the Platform, we are not an adjudicatory authority and cannot determine definitively whether any content violates the law or infringes third-party intellectual property rights. However, if you report any content to us, and if in our reasonable opinion the content so reported violates these Terms, then we will, within 36 (thirty-six) hours of making such a determination, take down such content.
9. Limitation of liability
Neither we nor any of our affiliates and respective investors, directors, officers, employees or agents shall be liable for any special, incidental, punitive, direct, indirect or consequential damages or losses suffered as a consequence of the use of or the reliance on the Platform. In any case, our total aggregate liability arising from any Dispute shall never exceed Rs. 500 (Rupees Five Hundred).
You agree to indemnify and hold harmless us as well as our affiliates and the respective investors, directors, officers, employees and agents thereof from any and all costs, losses, damages, liabilities, claims, including third party costs, claims and damages arising from your breach of these Terms, or from your use of the Platform or Services.
11. Restriction on Use
You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. You will not: (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer, decode or decompile, modify, alter, scrape, or create derivative works of any part of the Platform, or Service, remove any copyright notices and proprietary legends from the Service; (ii) use the Platform or Service in any manner or for any purpose that violates any applicable law; (iii) use the Platform or Service in any manner that could reasonably be interpreted to suggest that the use represents our views. If you do or attempt any such acts, we may terminate your use of the Platform or Services. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal actions.
You further covenant that you shall not, whether directly or indirectly identify us or display any portion of the Platform on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights. You shall not identify or refer to us, the Platform or any products or Services made available by us in a manner that implies an endorsement or any relationship between us.
User must provide all required notices, and obtain all required consents, that is applicable to your use of the Platform and Services, and that allow us to receive and use content as permitted under these Terms, including from individuals who use applications, websites, or other products or services that you incorporate in the APIs or portions of the Services into and any content that you may receive in relation to the same.
12. Term and Termination
This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Platform and/or Services; and/or (ii) terminate this agreement and your use of the Platform or Services with or without cause.
Upon termination of these Terms, you shall destroy and remove from all websites, applications, computers, hard drives, networks, and other storage media all copies of the Service and/or APIs, you shall stop using all aspects of the Service, and you shall certify to us that such actions have occurred. We shall have the right to inspect and audit your websites, applications, and facilities to confirm the foregoing.
13. Grievance Officer
Sections 5 (Disclaimers and Limitations), 6 (Intellectual Property Rights), 7 (Limitation of Liability), 8 (Indemnity), 11 (Term and Termination), Section 12 (Grievance Officer) and Section 13 (General Provisions) shall survive termination of this agreement.
In order to address any questions or grievances that you may have regarding the use of the Platform, please contact our support team in the following manner:
Name: Jaideep Singh Bachher
14. General Provisions
Modification We reserve the right to modify, suspend, or discontinue the Platform and any Services provided vide the Platform (in whole or in part) with or without notice to you, in our sole discretion. This includes requiring you to create a user account and providing us with certain personal information, as well as charging you a fee for any of the Services we deem fit. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform or Services or any part thereof. If a modification to these Terms, or use restrictions is unacceptable to you, you should immediately stop and discontinue your access and use of the Platform and the Services. Continued use of the Platform and/or Service will be deemed acceptance of any such modifications.
These Terms and any action related thereto will be governed by the laws of Bangalore. Any disputes arising out of or related to the Terms, Platform, or the services (collectively, “Dispute(s)”) shall be subject to the jurisdiction of the courts located in New Delhi. Any and all Disputes shall be referred to and finally resolved by arbitration, held in accordance with the provisions of the Arbitration and Conciliation Act, 1996, including any amendment or modification thereto. The arbitral tribunal shall consist of a sole arbitrator appointed by you and us mutually. The seat and venue of arbitration shall be New Delhi. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.
You shall not assign or transfer any right or obligation that has accrued to you under these Terms, and any attempt by you to assign or transfer such rights and obligations, shall be null and void. We may assign or transfer any right or obligations that accrued in our favour, at our sole discretion, without any restriction.
Unless otherwise stated expressly, any delay or failure in our exercising of any rights/remedies arising out of these Terms and/or other policies available on the Platform, shall not constitute a waiver of rights or remedies and no single/partial exercise of any rights or remedies, hereunder, shall prevent any further exercise of the rights/remedies by us.
Copyright Notice If you believe that that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify us at email@example.com with the following information in writing:
Identification of the copyrighted work that you claim has violated terms;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information sufficient to permit Company to contact you, such as your address, telephone number, and e-mail address; and
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
You consent to receiving communications from us electronically. This shall include notifications, promotions, advertisements and other communications related to our Platform, information and other content and services. We will communicate with you by e-mail, through push notifications on your computer or mobile device, or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes to any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Platform and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id.
If any provision of these Terms is held illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held invalid, illegal or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.
We may update, change and alter these Terms without notice to you. Please visit this page from time to time to remain aware
By setting up and accessing, and using our Platform or setting up an account with us (as may be required from time to time), you agree to our processing, storage, usage, and sharing of data provided by you pursuant to this Policy. If you do not agree with any of the terms of this Policy or the Terms or wish to revoke any consent you have provided to us, please write to us at firstname.lastname@example.org. However, if you revoke any mandatory permissions then we may have to cease providing you with access to the Platform and services therein.
2. Types of Data Collected
By accessing or using the Platform and/or the Services, you consent to providing us data in the ways listed below. However, we will not collect certain data, which we regard as sensitive in nature without your explicit consent. We collect the data that is essential for us to provide you Services in the best manner possible.
Basic Data to Access Research Material: You may need to provide name, phone number, email ID, date of birth, organizations name to access, and download the Research Material.
Geolocation data: We may collect your location data from you via our mobile and web application as well as our bots. In case you are using our mobile application, you may be required to provide consent at the time of downloading the application.
Feedback and Other Data: Any feedback data, information or suggestion that you may provide us.
Information Automatically Collected: We also automatically collect information about you and any computer or device you use to access the Service. Some of the information we collect, and ways we collect it, include:
Cookies: When you visit the Platform and/or use any Service, we may send one or more cookies — small text files containing a string of alphanumeric characters — to your computer or device that allows us to uniquely identify your browser, computer, or device. This may also include information such as your Internet Protocol (“IP”) address, unique device identifiers, your browser settings and specifications, and information about how you use the Platform and/or Services (e.g., the pages you view, the links you click, how frequently you access the Platform and/or Services, and other actions you take on the Platform and/or Services over a period of time).
Log Files: We may record log file information each time you access or use the Platform and/or Service. This information may include information such as your web request, IP address, browser type, unique device identifiers, information about your device, referring or exit pages and URLs, number of clicks and how you interact with links on the Platform and/or Service, domain names, landing pages, pages viewed, and other such information.
Clear Gifs: We may employ clear gifs (also known as web beacons or pixel tags) which may collect information about you, your computer or device such as your web request, IP address, unique device identifiers, browser type, information about your device, pages viewed, information about cookies, and all of which can show your Platform and/or Service usage patterns.
Device data: We collect data about the devices used to access our Platform and/or Services, including the hardware models, device IP address, operating systems and versions, software, preferred languages, Mac address, unique device identifiers, advertising identifiers, serial numbers, device motion data, and mobile network data.
Information from third parties: We may also be working closely with third parties (including, for example, business partners, technical sub-contractors, search information providers, and analytics providers such as Google Analytics). We may receive information about you and your Platform and/or Service usage patterns from such sources.
Bot Data: We use third parties and service providers (including SNS Sites) for providing the Bot services to you.
3. Use of Information Collected
We need to collect, use, process, combine, retain and store personal information that we collect or receive (as provided in Section 1 of this Policy) for several reasons including:
For our business activities, including to provide the Services to you in an efficient and robust manner;
Perform internal operations necessary to provide our Services, including to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
To communicate with you and respond to your requests, such as to respond to your questions, contact you about changes to the Services, and about new products and services;
To provide customer support, including to resolve your concerns from the use of the Platform and/or Services;
For marketing and outreach, such as our marketing campaigns or offer you our and third party special offers or other products or services we think that you may be interested in;
For analytics and research purposes and otherwise to improve our Services;
To enforce this Policy and Terms, and otherwise to carry out our obligations and enforce our rights in relation under the Terms;
To further investigate or address claims or disputes in relation to use of our platforms or services, or as otherwise allowed by applicable law, or as said by regulators, government entities, and official inquiries; and/or
For any other lawful purpose, or other purpose that you consent to.
4. Sharing Of Collected Information
We are very protective about your data and do not share any sensitive or personal data about you with any third parties unless necessary. However, we may share your information with third parties in the following circumstances:
To service providers, subcontractors, partners, vendors, consultants, and others companies (whether in or outside India) that help us with any of the purposes noted above or otherwise in this Policy;
To our affiliates, parent companies, subsidiaries, and other related companies (whether in or outside India), all for the purposes noted above or otherwise in this Policy;
To third parties for research, marketing or advertising purposes;
While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets, we may have to disclose our databases and information we have stored in the course of our operations;
To other third parties subject to your consent;
5. Your Rights
You shall have the right to restrict our usage of the data in the manner provided below. Please write to us at email@example.com if you wish to exercise any of the following rights under the Policy.
Right of Rectification: ****In the event where any personal data provided by you ("User") is inaccurate, outdated or incomplete then you shall have the right to provide us with the accurate, complete and up-to-date data and have us rectify such data at our end immediately.
Right to Opt-Out: We may email and notify you from time to time about our latest offerings and updates. You may choose to stop receiving such promotional emails or push notifications on your devices from us by writing to us. You may also opt-out of receiving emails and other messages from us by enabling the unsubscribe instructions in those messages. However, even if you have opted out of receiving information from us, we can still send you non-promotional communication.
Right to Erase Personal Data: You have the right to demand us to delete, erase your personal data and we will do so without undue delay, only when the data is no longer required by us and there is no legal requirement to keep the data.
Right to Withdraw Consent: You have the right to withdraw your consent to this policy by not using our Platform and Services.
6. Cross Border Data Transfer
Your personal data held by us may be transferred to other countries outside your residential country for any of the purposes described in this Policy. You understand and accept that these countries may have differing (and potentially less stringent) laws relating to the degree of confidentiality afforded to the information it holds and that such information can become subject to the laws and disclosure requirements of such countries, including disclosure to governmental bodies, regulatory agencies and private persons, as a result of applicable governmental or regulatory inquiry, court order or other similar process. In addition, a number of countries have agreements with other countries providing for exchange of information for law enforcement, tax and other purposes.
If we transfer your personal data to third parties for purposes stated in this Policy, we will use best endeavors to put in place appropriate controls and safeguards to ensure that your personal data is kept accurate, adequately protected, and processed only for specified and reasonable purposes in a manner that is fair, transparent and has a lawful basis, and is stored for no longer than is absolutely necessary.
7. Data Protection Practices
We use appropriate technical and organizational security measures to ensure a level of protection for personal data appropriate to the nature, scope and purpose of processing personal data, the risks associated with such processing, and the likelihood and severity of the harm that may result from such processing.
However, remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security. We are not responsible for circumvention of any privacy settings or security measures stored on the Platform and/or Services, including through the illegal acts of third parties.
8. Data Retention
We shall retain the information you provide to facilitate your smooth and uninterrupted access and use of the Platform and/or Services, and (i) to provide, improve and personalize our Platform and/or Services; (ii) to contact you about your account and give customer service; (iii) to personalise our advertising and marketing communications; and (iv) to prevent, detect, mitigate, and investigate fraudulent or illegal activities. We do not retain your personal data for longer than required for the purpose for which the information may be lawfully used. For any other information, we will entertain your request for deletion, however, you may not be able to use our Platform and Services at all after such deletion.
9. Grievance Officer
We have appointed a data grievance officer. Our data grievance officer is: Jaideep Singh Bachher accessible via email at: firstname.lastname@example.org. You can contact the officer confidentially by email to enquire about the treatment of your personal information.
10. Children’s Privacy
Our Platform and/or Services are not directed to children, and we do not knowingly solicit or collect personal information from persons under the age of 18 (eighteen). If we find out that a child has given us personal information, we will take steps to delete that information and terminate the use and/or access of the Platform and/or Services.
We may from time to time send you Service-related announcements when we consider it necessary to do so (such as when we temporarily suspend the Platform and/or Services for maintenance, or privacy, security, or administrative-related communications). We send these to you via various mediums such as SMS/push notifications/email/instant messaging, as we deem fit.
12. Third-Party Websites
The Platform may provide links to third-party websites and online services. This Policy does not guarantee the privacy practices of those third-party websites or services. Please review the privacy policies of those websites or services in detail before providing personal information to them.
We may update this Policy from time to time. Your continued access of the Platform and/or use of our Services after an update constitutes consent to the updated notice to the extent permitted by law. Please periodically review this Policy for the latest information on our privacy practices.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ALL KINDS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE SAFE, SECURE, UNINTERRUPTED, TIMELY, ACCURATE, OR ERROR-FREE, OR THAT YOUR INFORMATION WILL BE SECURE.
Limitation of Liability
THE SERVICE AND THE DATA PROVIDED BY THE SERVICE ARE NOT INTENDED TO BE USED IN ANY APPLICATION WHERE HUMAN LIFE OR PROPERTY MAY BE AT STAKE, YOU WAIVE ANY CLAIMS FOR LIABILITY OR INJURY FOR SUCH USE. AMBEE WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You shall indemnify and hold harmless Ambee from and against all claims and liabilities (including claims by third parties) and costs and expenses (including attorney’s fees) incident thereto or incident to successfully establishing the right to indemnification, for injury or death of any person or persons, including your employees, if any, arising out of or in any way relating to your breach of the terms of this License and/or your utilization of the Service, whether or not arising in tort or occasioned by the negligence of Ambee, except to the extent of any obligation, liability, claim or remedy in tort due to the recklessness or willful misconduct of Ambee.
Your obligations under this indemnity will survive the expiration, termination, completion, or cancellation of these Terms of Service.
Either party may terminate these Terms of Service at any time for any reason.
Upon the termination of these Terms of Service, you:
You further agree to pay all outstanding fees incurred prior to the termination of these Terms of Service.
The sections titled Disclaimers, Limitation of Liability, Indemnification, and General Provisions shall survive the termination of these Terms of Service.
These Terms of Service are effective March 31, 2021.
These Terms of Service may be updated from time to time for any reason. We will notify you of any changes to our Terms of Service by posting the new Terms of Service here. You are advised to consult this Terms of Service regularly for any changes, as continued use is deemed approval of all changes.
If you have any questions concerning these Terms of Service, you may contact us at email@example.com