Terms of Service

Updated August 26, 2016

BY USING THIS PLANET OS DATA.PLANETOS.COM WEBSITE (“Website”) IN ANY MANNER, AND RECEIVING ANY SERVICE AND INFORMATION MADE AVAILABLE THROUGH THE WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE (“Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM BEFORE ACCEPTING THEM. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THIS WEBSITE AND SERVICES. THE MATERIALS CONTAINED IN THIS WEBSITE ARE PROTECTED BY APPLICABLE COPYRIGHTS. YOU ARE ONLY PERMITTED TO ACCESS THIS WEBSITE AND USING THE SERVICES PROVIDED THROUGH THE WEBSITE UPON ACCEPTANCE OF THESE TERMS OF USE. SOME OF THE SERVICES AVAILABLE FROM PLANET OS OR FROM THIRD PARTIES THROUGH THIS WEBSITE MAY BE GOVERNED BY ADDITIONAL AGREEMENTS.

These Terms of Use comprise a legal agreement between you and Planet OS (Planet OS Inc., location 530 Lytton Ave. Suite 255, Palo Alto, CA 94301, United States), unless otherwise agreed between you and Planet OS in writing. The terms “you” and “your” refer to anyone accessing this Website, software, services, products and any content on the Website for any reason. The terms provided herein govern your access and use of products offered on the Website and all other Planet OS products and services, unless otherwise agreed between you and Planet OS in writing.

2. General

This Website provides an online platform for data users who are registered as a user of the Website (“Users”), and open and/or commercial data vendors who are registered with Planet OS (“Open Data Vendors” or “Commercial Data Vendors”, together “Data Vendors”) to provide data products (“Data Products”) through the Website, to transact with each other. The Website enables you to identify and access and/or purchase Data Products made available by Data Vendors, and use data access services provided by Planet OS (“Services”). Planet OS is neither User, nor Data Vendor. The agreement for use and/or sale of any Data Products through this Website is made between the relevant User and corresponding Data Vendor (“Third Party Agreement”). Planet OS is not responsible for any Data Product on the Website that originates from a Data Vendor.

3. Use of the Website, Services and Data Products

In order to access Services and Data Products on the Website, you may be required to provide information about yourself such as your name, address, and billing details. You agree that any such information you provide to Planet OS and Data Vendors will be correct and up to date. You agree to use Services and Data Products only for purposes that are permitted by Terms of Use, any applicable data licensing terms and law or generally accepted practices in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the use of Data Products. You agree that you are solely responsible for your use of the Website, Services and Data Products.

4. Sales Policy and Fees

You agree to pay all applicable fees for the Data Products and Services as set forth in the Terms of Use and on the Website. Unless specified otherwise, fees payable to Planet OS are due within 10 days of the invoice date. Planet OS is acting as an agent for the Commercial Data Vendors. Pricing and availability of all Data Products displayed on Website are subject to change at any time before you complete the purchase. The purchased Data Product will be accessible after the payment has been processed and after the selected Data Product has been processed based to the User’s preferences. Each purchase may be subject to approval by the corresponding Commercial Data Vendor. Except as set forth in the Terms of Use or any applicable Third Party Agreement, all sales are final, and no refunds are permitted. Late payments may bear interest at the rate of 1.8% per month, or the highest rate permitted by law (if less). All amounts paid in connection with the Services are nonrefundable

5. Taxes

The prices for Data Products and Services do not include any taxes. Except as set forth in the Terms of Use or any applicable Third Party Agreement, Planet OS is responsible for collecting and remitting any taxes imposed on sales of Data Products and Services. You are responsible for any taxes that you are legally obligated to pay. You must pay for Data Products and Services without any reduction of taxes.

6. Restrictions on the use of the Website

Without written consent of Planet OS you are not permitted to:

  1. any reuse or commercial use of the Data Products outside of their license, or any other content available on the Website or any use of data mining or similar data extraction tools;
  2. any extracting of the source code of the Website or Data Products or Services or any part thereof;
  3. excessive use of the Website. Excessive use is determined by resource consumption relative to that of a typical user of the Website.

7. Content ownership notices

Portions of other content available on the Website may be provided with licenses from third parties that govern the use of those portions. Any licenses granted hereunder do not alter any rights and obligations you may have under such licenses.

8. Disclaimer, Infringement, Limitation of Liability

BY USING THE WEBSITE, SERVICES AND DATA PRODUCTS, YOU HEREBY AGREE TO FULLY INDEMNIFY PLANET OS FROM AND AGAINST ANY THIRD-PARTY CLAIMS RELATING TO ALLEGED INFRINGEMENT BY YOU, AS APPLICABLE, OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.

THE DATA PRODUCTS AND/ OR CONTENT ON PLANET OS’ WEBSITE ARE PROVIDED "AS IS" AND PLANET OS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, PLANET OS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY OR RELIABILITY OF THE USE OF THE CONTENT AVAILABLE THROUGH ITS WEBSITE OR OTHERWISE RELATING TO THIS CONTENT.

IN NO EVENT WILL PLANET OS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER DAMAGES IN CONNECTION TO OPERATION, USE OR OTHER EXPLOITATION OF DATA PRODUCTS, SERVICES AND/ OR WEBSITE CONTENT (INCLUDING LOSS OF PROFITS, DATA, OR ECONOMIC ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY, EVEN IF PLANET OS HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE.

9. Privacy

The Privacy Policy is hereby incorporated into these Terms of Use by reference. The Privacy Policy governs our treatment of any information you submit to Planet OS while using the Website.

10. Governing Law

Any claim relating to Planet OS’ Products shall be governed by the laws of the Commonwealth of Massachusetts and you and Planet OS hereby agree to venue in the appropriate courts located in Boston, Massachusetts, to resolve any dispute hereunder.

11. Changes

Planet OS reserves the right to change the Terms of Use at any time, and you are responsible for reviewing these Terms of Use before using the Website. Your continued use of the Website will constitute acceptance of and agreement to any such changes.

12. Modifications to the API

Planet OS may change the API by giving at least 30 days’ advance notice. Your use of the API after the effective date of changes will be deemed to be acceptance of such changes. If any modifications are unaccetable to you, you have to cease all use of the API.

13. Termination

Planet OS may change or discontinue any products or services and suspend or terminate your use of the Website at any time without any reason and notice.

You may terminate these Terms of Use by ceasing all use of the Services and this Website, and notifying Planet OS.