LandEye – Terms of Service (EU / Netherlands)
1. Introduction
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”) and LandEye B.V., a company incorporated under the laws of the Netherlands, registered with the Dutch Chamber of Commerce (KVK) under number [KVK] (“LandEye”).
By accessing or using the LandEye platform, website, applications, and related services (collectively, the “Platform”), you agree to be bound by these Terms.
If you do not agree, you must not use the Platform.
2. Definitions
- Consumer: A natural person acting outside a trade, business, or profession.
- Business User: A natural or legal person acting in a professional or commercial capacity.
- Provider: A User offering imagery or geospatial content on the Platform.
- Buyer: A User purchasing or licensing imagery.
- Imagery: Satellite, aerial, drone, or other geospatial imagery and related metadata.
3. Platform Role and Marketplace Disclosure
LandEye operates as a neutral online marketplace intermediary.
LandEye does not:
- Own the Imagery
- Create the Imagery
- Verify the accuracy or legality of Imagery by default
Licensing agreements are concluded directly between Buyers and Providers.
4. Eligibility and Account Registration
Users must be at least 18 years old and provide accurate and complete registration information.
Users are responsible for all activity conducted through their accounts and must keep credentials confidential.
LandEye may suspend or terminate accounts to protect legal, technical, or security interests.
5. Orders, Payments, and Escrow
Payments are processed via third-party payment providers.
Funds may be temporarily held in an escrow-style workflow until delivery and acceptance requirements are met.
LandEye may delay or reverse transactions to comply with legal obligations, fraud prevention, or regulatory requirements.
6. Consumer Rights
For Consumers, mandatory rights under EU consumer law apply.
By expressly requesting immediate delivery of digital content, Consumers acknowledge and agree that the statutory withdrawal right is lost once delivery has commenced, in accordance with Directive 2011/83/EU, Article 16(m).
7. Intellectual Property and Licensing
Providers retain full ownership of Imagery.
Buyers receive only a limited, non-exclusive, non-transferable license as explicitly stated in the Provider’s listing.
Any use beyond the granted license is prohibited.
8. Prohibited Use
Users may not:
- Upload unlawful or infringing content
- Misrepresent ownership or licensing rights
- Circumvent payment systems
- Use Imagery for illegal surveillance or military purposes
- Violate export control or dual-use regulations
9. Suspension and Termination
LandEye may suspend or terminate access if a User:
- Breaches these Terms
- Creates legal or regulatory risk
- Engages in repeated infringement or abuse
10. Disclaimer
The Platform is provided “as is” and “as available.”
LandEye makes no warranties regarding accuracy, fitness for purpose, or regulatory suitability of Imagery.
11. Limitation of Liability
Except where prohibited by law, LandEye’s total liability shall not exceed the fees paid by the User in the preceding 12 months.
Nothing limits liability for fraud, willful misconduct, or non-waivable consumer rights.
12. Indemnification
Users agree to indemnify and hold harmless LandEye from claims arising from:
- Use of the Platform
- Uploaded content
- Licensing or IP violations
- Breach of these Terms
13. Export Control and Dual-Use Compliance
Users are solely responsible for compliance with:
- EU Regulation 2021/821 (dual-use items)
- National and international export laws
LandEye disclaims responsibility for unlawful export or restricted use.
14. Modifications and Force Majeure
LandEye may modify these Terms with reasonable notice.
LandEye is not liable for failures caused by events beyond reasonable control.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of the Netherlands.
Disputes shall be submitted to the competent courts of Amsterdam, unless mandatory consumer law provides otherwise.