End-User License Agreement (EULA)

Acceptance of Licensing Terms

By accessing or using any imagery, data, products, services, analysis, tools, or works we provide (together, Content), you agree to these terms. You accept by doing any of the following: accepting a quote, agreeing in writing, opening a package, downloading or installing Content, using Content in any form, creating or using any Value-Added Products (products that contain Content but have been materially modified with processing or additional data) or Derivative Products (products developed from Content that no longer contain imagery data and cannot be reverse-engineered to the original), retaining Content beyond five days, or accessing Content through an access account we provide.

Licenses granted under this EULA are nontransferable and non-sublicensable unless we expressly approve otherwise in writing. We reserve all rights not expressly granted here.

Scope

The scope of your license depends on the license type purchased. Unless we approve otherwise in writing, the party purchasing Content (the Purchaser) is also the end-user (the End-User). End-Users may include individuals, companies, government agencies, nonprofit organizations, educational institutions, or similar entities, each limited to a single defined organization or office.

Multiple End-Users may only use Content if they were identified at purchase or later approved by us, were provided access credentials, and agreed in writing to this EULA.

Granted License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Content, subject to compliance with this EULA. Permitted uses include:

• • Making copies of Content for your internal use only.
  • Modifying Content to create Value-Added Products or Derivative Products.
  • Using Content, Value-Added Products, and Derivative Products for your internal use only.
    

• Publish, distribute, sublicense, sell, rent, or transfer Content, Value-Added Products, or Derivative Products except as expressly allowed here.
• Post or broadcast Content publicly.
• Use Content in ways not permitted by this EULA or by law.
• Reverse engineer or attempt to extract algorithms, databases, or data structures.
• Remove or alter copyright or proprietary notices. 

Independent contractors may use Content on your behalf only if they agree in writing to these terms, use the Content solely for your permitted purposes, delete all Content after completing tasks, and you supervise and accept responsibility for their compliance.

Preview Terms (Pre-Release Content)

We may make certain Content available on a pre-release, beta, evaluation, or preview basis, including uncalibrated imagery or data products that have not been commercially released (Preview Content). Content may be designated as Preview Content in the applicable order form (including any no-charge order form), quote, product description, delivery notice, or other documentation accompanying the Content. The following terms apply to all Preview Content and control over any conflicting terms of this EULA; if a separate non-disclosure agreement between you and us also applies to Preview Content, the most restrictive term

• • Evaluation use only. Preview Content is provided solely for your internal testing and evaluation of our products (the "Evaluation Purpose"). You may not use Preview Content for any production or operational purpose, create Value-Added Products or Derivative Products from Preview Content, or use Preview Content for the benefit of any third party, in each case without our prior written consent.
    
    
  • Confidentiality. Preview Content is our Confidential Information. You may not copy Preview Content (except as reasonably required for the Evaluation Purpose), modify it, publish, post, publicly display, distribute, or otherwise disclose it to any third party without our prior written consent.
    
    
  • Pre-release nature; no reliance. Preview Content is uncalibrated and/or under development, may contain errors, omissions, or inaccuracies, and is not representative of our final, on-specification commercial products. Preview Content is provided "as is," without warranty of any kind, and may not be relied upon for any purpose. We make no commitment to commercially release Preview Content or any product or capability based on it.
    
    
  • Ownership. We retain all right, title, and interest in and to Preview Content. No rights are granted in Preview Content except the limited evaluation license described in these Preview Terms.
    
    
  • Suspension; return or destruction. We may suspend or terminate your access to and use of Preview Content at any time upon notice. Upon our request or upon termination, you must promptly cease all use of Preview Content and return or destroy all copies in all forms and, upon our request, certify such destruction in writing.
    
    
  • Feedback. If you provide comments, suggestions, evaluation results, or other feedback regarding Preview Content ("Feedback"), we may freely use and exploit the Feedback without restriction, attribution, or obligation to you.
    
    
  • No charge; liability. That Preview Content may be provided at no charge does not limit your obligations or our rights under these Preview Terms. Notwithstanding anything to the contrary, our total aggregate liability arising from or relating to Preview Content will not exceed one hundred U.S. dollars (US$100).

Ownership and Copyright

Content is licensed, not sold. All rights, title, and interest in the Content remain with us or our licensors. Any translations, modifications, or derivative works remain our property if they contain original imagery or data structures from the Content. You must protect the Content from unauthorized use or disclosure. Content must display the applicable copyright notice and attribution indicating EarthDaily as the author and owner of such materials, or any other copyright notice we may provide to you. The copyright notice should be in the following form: “(c) [year] EarthDaily”.

Proprietary Information

Content contains proprietary information. You may not remove copyright notices or proprietary statements. Contractors or consultants you engage must follow the same obligations.

Limited Warranty and Exclusions

We warrant only that we have sufficient rights in the Content to license it to you.

All Content is provided “as is”. We disclaim all other warranties, including implied warranties of merchantability, fitness for a purpose, noninfringement, accuracy, or error-free operation. We do not warrant uninterrupted use or freedom from viruses. You are solely responsible for determining suitability of Content for your purposes, and you use it at your own risk.

EarthDaily may utilize artificial intelligence, machine learning, and automated analytical tools in providing the Services. Outputs generated through such technologies may contain inaccuracies, omissions, or erroneous results and are provided for informational purposes only. Customer is solely responsible for reviewing and validating all outputs before relying upon them. EarthDaily does not warrant that AI-generated outputs are accurate, complete, or fit for any particular purpose. EarthDaily retains all rights in its models, algorithms, methodologies, and improvements thereto.

Limitation of Liability

Our total liability for damages relating to the Content will not exceed the amount you paid for the specific Content giving rise to the claim. We are not liable for consequential, indirect, special, punitive, or incidental damages or lost profits. These limits apply to all claims, regardless of theory, except where prohibited by law.

Indemnification

You will indemnify and hold harmless us, our licensors, and our respective directors, officers, employees, and agents against any losses, damages, claims, expenses, or legal fees arising from your use of Content, your breach of this EULA, or any property damage, injury, or death caused by you.

Compliance with Laws

You will comply with all applicable laws and regulations in using the Content, including U.S. and Canadian export controls, sanctions, and restrictions related to Earth observation imagery. You will not help others to violate these laws.

License Term
Unless we specify otherwise in the applicable order or product description, licenses to Content are granted on a subscription basis and remain valid only during the applicable subscription term. When the subscription ends, all rights to use the Content expire. You must immediately stop using the Content, including any previously downloaded copies, and promptly delete or destroy such copies. Upon our request, you will confirm in writing that deletion has occurred. We may designate certain Content as licensed on a perpetual basis. In that case, your rights to use that Content will continue indefinitely, subject to your continued compliance with this EULA.

Term and Termination

This EULA remains in effect until terminated. You may terminate by discontinuing all use of the Content and deleting all copies. We may terminate immediately if you breach its terms. When this EULA or any subscription ends, all rights end (including rights to downloaded content) and you must delete all Content and confirm deletion to us. We may seek injunctive or equitable relief for actual or threatened breaches. Provisions that by nature survive termination will continue.

Governing Law

This EULA is governed by the laws of Minnesota, excluding conflict-of-law rules and the U.N. Convention on Contracts for the International Sale of Goods. You agree to the exclusive jurisdiction of Minnesota state courts.

General

This EULA is the entire agreement unless otherwise specified in an order form. Any conflicting terms in your purchase documents will not apply. If any provision is invalid, the rest remain enforceable. We may enforce rights without waiver and may assign this license and any related Order to our affiliates upon notice to you. Changes must be in writing and signed by us. You may not assign this EULA without our written consent. We may audit your records to confirm compliance. We may seek injunctive relief for breaches.

Last revision: July 2, 2026