Effective: 1 June 2019 

1. Introduction

Thanks for using GeoXpert! These terms of service (“Terms”) cover your use and access to GeoXpert services, client software, applications and websites (“Services”). GeoXpert is a service provided by GeoXpert Limited, located at Tai Kok Tsui, Kowloon, Hong Kong.

Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.

2. Your Use of GeoXpert

Your content

When you use our Services, you provide us with assets like files (e.g. raster data, shapefiles), content, messages, contacts, and so on (“Your Content”). Your Content is yours. These Terms don’t give us any rights to Your Content except for the limited rights that enable us to offer the Services.

We need your permission to do host Your Content, back it up, and share it when you ask us to. Our Services also provide you with features like commenting, annotating, and searching. These and other features may require our systems to access, store, and scan Your Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Our Services let you share Your Content with others, so please think carefully about what you share.

Privacy Protection

GeoXpert Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using GeoXpert, you agree that GeoXpert can use such data in accordance with our privacy policies.

Your Conduct

You are responsible for your conduct. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We are not responsible for the content people post and share via the Services.

Help us keep you informed and Your Content protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.

You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13, or in some cases, even older. If you live in France, Germany, or the Netherlands, you must be at least 16. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you may not use the Services.

Announcements

In connection with your use of GeoXpert, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

3. Our Content

Copyright protection

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, GeoXpert trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

4. Paid Accounts

Billing

You can increase your storage space, user numbers and add paid features to your account (turning your account into a “Paid Account”). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.

Cancellation

Your Paid Account will remain in effect until it’s cancelled, downgraded or terminated under these Terms. You may cancel or downgrade your Paid Account at any time from within your GeoXpert account settings. Your cancellation or downgrade will apply to the next billing period after the current service term expires.

Refunds

Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or renewing a Paid Account.

Downgrades

If you don’t pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels. To do so, we might have to permanently delete your data. By agreeing with these terms, you consent to the risk of losing the data hosted on GeoXpert when bill is overdue by more than two weeks.

Plan and Price Changes

We may change the storage plan and price in effect but will give you prior notice of these changes. These changes will apply after your current service term expires, when the next payment is due from you after the notice.

We will give you at least 30 days’ prior notice, before you are charged, of either:

  1. a price increase;

  2. storage decrease;

  3. user accounts decrease; or

  4. any reduction in available features.

If you are given less than 30 days’ prior notice, the change will not apply until the payment after the next payment is due. If you do not wish to continue with the updated storage plan or price, you may cancel or downgrade your Paid Account from within your GeoXpert account settings. Your cancellation or downgrade will apply to the next billing period after the current service term; we will continue to make your project, maps and datasets available to you or give you a chance to take your files out of GeoXpert for at least 15 days.

5. Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

  1. you’re in breach of these Terms;

  2. you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users; or

  3. you don’t have a Paid Account and haven’t accessed our Services for 12 consecutive months.

We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Content from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

We won’t provide notice before termination where:

  1. you’re in material breach of these Terms;

  2. doing so would cause us legal liability or compromise our ability to provide the Services to our other users; or

  3. we’re prohibited from doing so by law.

6. Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond GeoXpert’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Content from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.

7. Services “AS IS”

We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, GEOXPERT AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

8. Limitation of Liability

GeoXpert and its suppliers and distributors are not responsible or liable for:

  1. losses that were not caused by our breach of these Terms;

  2. any loss or damage that was not, at the time the relevant contract with you was formed, a reasonably foreseeable consequence of GeoXpert breaching the Terms; or

  3. losses relating to any business of yours including lost profits, revenues, opportunity or data.

The total liability of GeoXpert, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if the subject of the claim is the free service, to supplying you the services again).

Nothing in these terms is intended to exclude or limit the liability of GeoXpert and its suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded by law.

9. Resolving Disputes

We want to address your concerns without needing a formal legal case. Before filing a claim against GeoXpert, you agree to try to resolve the dispute informally by contacting hi@geoxpert.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or GeoXpert may bring a formal proceeding.

You and GeoXpert agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the jurisdiction of the courts of the Hong Kong Special Administrative Region and subject to the mandatory arbitration provisions below. Both you and GeoXpert consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

10. Laws Governing the Terms

These terms and conditions are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region and the parties submit to the jurisdiction of the courts of the Hong Kong Special Administrative Region. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

11. Modifications

We may revise these Terms from time to time to better reflect:

  1. changes to the law;

  2. new regulatory requirements; or

  3. improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.