Effective Date: July 1, 2026
These Terms of Service (the “Terms”) govern access to and use of the DroneGIS software-as-a-service platform. By accessing or using the Service, or by executing an Order that references these Terms, the Customer agrees to be bound by these Terms.
In these Terms, the following capitalized terms have the meanings set out below. Other capitalized terms are defined where they first appear.
“SPH Engineering” means SPH Engineering SIA, a company registered in the Republic of Latvia (registration number 50103629321), with its registered office at Dzirnavu iela 62-9, Riga, Latvia, LV-1050.
“Service” means the DroneGIS cloud-based platform for visualization, organization, processing, analysis, collaboration, and sharing of geospatial and engineering data, together with any related documentation, updates, and support made available by SPH Engineering.
“Customer” means the organization or professional that accepts these Terms or that is identified as the customer in an Order.
“Order” means an order form, online checkout, quotation, subscription selection, or other ordering document, in each case accepted by both parties, that specifies the Service subscribed to, the applicable fees, and the subscription term.
“Customer Data” means all data, content, and materials uploaded to, generated within, or transmitted through the Service by or on behalf of the Customer, including any personal data contained therein.
“Personal Data” has the meaning given in the General Data Protection Regulation (Regulation (EU) 2016/679, the “GDPR”).
DroneGIS is a cloud-based Software-as-a-Service platform provided by SPH Engineering for visualization, organization, processing, analysis, collaboration, and sharing of geospatial and engineering data. The Service may be modified or enhanced from time to time. SPH Engineering may discontinue the Service or any material feature of it on reasonable prior notice to the Customer, except where a shorter period is required for legal, security, or safety reasons.
The Service is intended for organizations and professionals capable of entering into legally binding agreements. By accepting these Terms, the individual doing so represents that they are authorized to bind the Customer. The Customer further represents that it will not use the Service, in any capacity (including as a contractor, subcontractor, consultant, or service provider), for any purpose prohibited by Section 11 (Civil Use Only) or Section 12 (Conflict Areas).
Subject to these Terms and payment of applicable fees, SPH Engineering grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during the subscription term for the Customer’s internal business purposes. SPH Engineering may suspend or terminate this license only in accordance with Section 22 (Suspension and Termination). All rights not expressly granted are reserved to SPH Engineering.
Subscriptions are billed in advance unless otherwise agreed in an Order. Fees are non-refundable except where required by applicable law. Unless otherwise specified in an Order, subscriptions automatically renew for successive terms equal to the initial term unless either party gives at least thirty (30) days’ written notice before the end of the then-current term. SPH Engineering may suspend access for overdue payments after reasonable notice. The Customer is responsible for applicable taxes, excluding taxes on SPH Engineering’s income.
The Customer retains all ownership of Customer Data and grants SPH Engineering a limited, worldwide license to host, store, process, transmit, back up, and display Customer Data solely as necessary to operate, secure, support, and maintain the Service and to provide it to the Customer. SPH Engineering will not use Customer Data to train machine-learning or artificial-intelligence models for its own purposes, and will not sell Customer Data or disclose it to third parties, except (a) as necessary to provide the Service, (b) with the Customer’s instruction or consent, or (c) as required by law. SPH Engineering may use aggregated and de-identified data that does not identify the Customer or any individual for the purpose of improving the Service.
The Customer is solely responsible for uploaded content, account security, compliance with applicable laws, obtaining all rights and consents necessary for SPH Engineering to process Customer Data, and maintaining independent backups of Customer Data.
DroneGIS is not intended to serve as the Customer’s sole or primary repository for valuable, critical, regulatory, historical, or business-essential data. The Customer is solely responsible for maintaining complete and current backups. SPH Engineering does not guarantee permanent retention of Customer Data. Except as provided in Section 23 (Effect of Termination) and subject to Section 19 (Limitation of Liability), SPH Engineering shall not be liable for loss of Customer Data.
Unless a separate written Service Level Agreement (SLA) has been executed, the Service is provided without a guaranteed level of uptime, response time, recovery time, or support. SPH Engineering will use commercially reasonable efforts to provide technical support during normal business hours.
The Customer shall not: (a) use the Service unlawfully; (b) upload malware or harmful code; (c) attempt unauthorized access or penetration testing; (d) interfere with the Service or other users; (e) circumvent technical restrictions or rate limits; (f) excessively consume system resources through automated means; (g) upload content infringing third-party rights; (h) use the Service for fraudulent or abusive purposes; or (i) use the Service, directly or indirectly, in connection with, in support of, or for the benefit of any purpose prohibited by Section 11 (Civil Use Only) or Section 12 (Conflict Areas), including as a contractor, subcontractor, consultant, or service provider. SPH Engineering may enforce reasonable storage, bandwidth, API, GPU, CPU, and request rate limits.
The Service is provided exclusively for lawful civilian purposes. The Customer shall not use the Service, directly or indirectly, in connection with, in support of, or for the benefit of any military, defense, weapons, targeting, intelligence, or combat project or activity, including military operations, weapons development, targeting, intelligence supporting military activities, or combat operations. This restriction applies regardless of the Customer’s role and prohibits such use whether the Customer acts as principal, contractor, subcontractor, consultant, or other service provider to armed forces, defense or intelligence agencies, or defense contractors. SPH Engineering may suspend or terminate access if it reasonably believes this restriction has been or is likely to be violated.
The Service shall not be used for projects located within territories where active armed conflicts or military hostilities are taking place. SPH Engineering may suspend or terminate access if it reasonably determines that this restriction has been violated.
The Customer shall comply with all applicable export control, sanctions, and trade laws, including those of the European Union and any other applicable jurisdiction.
All intellectual property rights in and to the Service remain the exclusive property of SPH Engineering and its licensors. Nothing in these Terms transfers any such rights to the Customer other than the limited license expressly granted in Section 4.
To the extent SPH Engineering processes Personal Data contained in Customer Data on behalf of the Customer, it does so as a processor and the Customer acts as controller. Such processing is governed by SPH Engineering’s Privacy Policy and data processing terms, which are incorporated into these Terms by reference and available on https://www.sphengineering.com/privacy-policy
The Service may rely on third-party infrastructure and integrations. SPH Engineering is not responsible for failures, outages, or changes made by third-party providers, but will use commercially reasonable efforts to mitigate the impact of such events on the Service.
Where the Service provides automated analysis, AI, machine learning, or algorithmically generated outputs, such outputs are provided for informational and decision-support purposes only. They may contain inaccuracies or omissions. The Customer is solely responsible for independently validating all outputs before relying on them for engineering, surveying, regulatory, operational, safety-critical, or business decisions. As between the parties, and subject to Section 14, outputs generated from Customer Data belong to the Customer.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPH ENGINEERING DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, AND CONTINUOUS AVAILABILITY. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, PROFITS, REVENUE, OR BUSINESS INTERRUPTION. EACH PARTY’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES PAID BY THE CUSTOMER FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The foregoing exclusions and limitations do not apply to: (a) liability for death or personal injury caused by negligence; (b) liability arising from gross negligence, willful misconduct, or fraud; (c) the Customer’s payment obligations; (d) the Customer’s indemnification obligations under Section 20; or (e) any other liability that cannot be limited or excluded under applicable law.
The Customer shall defend, indemnify, and hold harmless SPH Engineering from and against third-party claims arising from the Customer’s use of the Service, Customer Data, or violation of these Terms or applicable law. SPH Engineering shall defend the Customer against third-party claims alleging that the Service, when used in accordance with these Terms, infringes that third party’s intellectual property rights, and shall indemnify the Customer for amounts finally awarded, subject to the limitations in Section 19. The indemnified party shall promptly notify the indemnifying party of the claim, provide reasonable cooperation, and allow the indemnifying party to control the defense and settlement.
Neither party shall be liable for delays or failures in performance (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, terrorism, cyberattacks, epidemics, governmental actions, internet failures, cloud provider outages, labor disputes, or utility failures. The affected party shall use reasonable efforts to mitigate the effect of the event. If a force majeure event continues for more than sixty (60) days, either party may terminate the affected Order on written notice.
SPH Engineering may suspend or terminate access for violations of these Terms, requirements of legal compliance, security concerns, or non-payment. Except where immediate action is required for legal, security, or safety reasons, SPH Engineering will provide reasonable notice and, where practicable, an opportunity to cure. Either party may terminate an Order for the other party’s material breach that remains uncured thirty (30) days after written notice.
Upon expiration or termination, the Customer’s right to access the Service ceases. For a period of thirty (30) days following termination (other than termination by SPH Engineering for the Customer’s material breach of Section 10, 11, or 13), SPH Engineering will make Customer Data available for export in a commonly used format upon the Customer’s request. After that period, SPH Engineering may delete Customer Data in the ordinary course, subject to routine backup retention and legal requirements. Termination does not relieve the Customer of the obligation to pay fees accrued before termination.
Sections that by their nature should survive termination will survive, including Sections 1 (Definitions), 6 (Customer Data, as to accrued rights), 14 (Intellectual Property), 15 (Data Protection), 18 (Warranty Disclaimer), 19 (Limitation of Liability), 20 (Indemnification), 23 (Effect of Termination), 24 (Survival), and 28 (Governing Law and Jurisdiction), together with any accrued payment obligations.
The Customer may not assign these Terms without SPH Engineering’s prior written consent. SPH Engineering may assign these Terms in connection with a merger, acquisition, corporate restructuring, sale of assets, or by operation of law. These Terms bind and benefit the parties and their permitted successors and assigns.
SPH Engineering may modify the Service and these Terms from time to time. For material changes to these Terms, SPH Engineering will provide at least thirty (30) days’ prior notice by email or through the Service before the changes take effect. Continued use of the Service after the revised Terms become effective constitutes acceptance of the updated Terms. If the Customer does not agree to a material change, the Customer’s sole remedy is to terminate its subscription before the change takes effect, in which case SPH Engineering will refund any prepaid fees for the unused portion of the then-current term.
Notices to SPH Engineering must be sent in writing to SPH Engineering SIA, Dzirnavu iela 62-9, Riga, Latvia, LV-1050, or by email to the contact address published on the official SPH Engineering website. Notices to the Customer may be sent to the email address or postal address associated with the Customer’s account. Notices are deemed given when delivered, or, for email, when sent absent a delivery-failure notification.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Latvia, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of Latvia. Nothing limits SPH Engineering’s right to seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or proprietary rights.
If any provision of these Terms is held unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions shall remain in full force and effect.
These Terms, together with any Order and the Privacy Policy referenced in Section 15, constitute the entire agreement regarding the Service and supersede all prior agreements relating to the Service. In the event of a conflict, an executed Order controls over these Terms with respect to its specific subject matter, and Section 15 controls with respect to the processing of Personal Data.
SPH Engineering SIA, registration number 50103629321, Dzirnavu iela 62-9, Riga, Latvia, LV-1050. For support and general inquiries, contact support@sphengineering.com. Additional contact details are published on the official SPH Engineering website.
