General terms and conditions

INTRODUCTORY PROVISIONS

The provision of Spacetrees’ services and products is governed by these Terms. All matters relating to personal data protection are governed by the Privacy Policy. If an interested party for Spacetrees’ services and products does not agree with the wording of the aforementioned documents, they are obliged to cease using the Website and/or other Spacetrees websites and not to order Spacetrees’ services and products.

Before submitting an order for our services, an interested party for Spacetrees’ services and products is obliged to familiarize themselves with the full wording of the Terms and the Privacy Policy. Before submitting an order for Spacetrees’ services and products, every interested party is asked to confirm that they have read the full wording of the Terms and the Privacy Policy.

If the interested party for Spacetrees’ services and products is a consumer, they are obliged to contact Spacetrees in order to receive an order form for consumers with the information required by law, which may not all be stated in the Terms, as the typical interested parties for Spacetrees’ services and products are non-consumers.

The terms used below, including in these Terms, have the meanings defined in this provision:

Spacetrees means the company SPACETREES s.r.o., Company ID: 17901855, with its registered office at Na Výšině 3231, 580 01 Havlíčkův Brod, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, File No. C 50562.
Address of Spacetrees means: SPACETREES s.r.o., Strašnická 3164, 102 00 Prague 10.
Privacy Policy means the document describing the processing of customers’ personal data, available at www.spacetrees.cz/Privacy.
Terms means these General Terms and Conditions, available at www.spacetrees.cz/VOP.
Civil Code means Act No. 89/2012 Coll., the Civil Code, as amended.
VAT Act means Act No. 235/2004 Coll., on Value Added Tax, as amended.
VAT means value added tax.
Website means the website and the application interface accessible at https://maps.spacetrees.cz.
Software means any software, application, etc., owned and/or used by Spacetrees on the Website and/or other Spacetrees websites.
Consumer means any natural person who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, concludes a contract with Spacetrees or otherwise deals with it.
Customer means any person interested in concluding a contract with Spacetrees who is not a consumer at the same time.
Customer Account means the account of a customer who has duly registered on the Website.
Order means the customer’s binding request for specific Spacetrees services and products.
Service and Product means Spacetrees’ activity consisting in performing an analysis of information provided by business partners in the form of satellite imagery, with the aim of providing detailed information about the current and/or developing health condition of forest and/or other vegetation on the customer’s land, including the height of individual plants in the stand and their volume (cubic content).
Contract means a contract for the provision of specific Spacetrees services and products.
Electronic Services means the customer account, chat, newsletter, telephone calls, and services provided within the Website, such as an API, FTP, etc.

USE OF THE WEBSITE AND OTHER SPACETREES WEBSITES

Spacetrees provides the Website’s electronic services. To use the electronic services, it is necessary to have (a) a computer/laptop/tablet/phone/other mobile device with internet access, (b) access to an email inbox, (c) an up-to-date web browser with JavaScript enabled and the ability to store cookies and similar tools.

Simple registration, login, and customer profile, as well as the contact form, chat, and newsletter are not charged; Spacetrees does not charge any fees beyond the basic payments the customer pays for their own internet connection, mobile tariff, carrier fees, etc.

The content and amount payable for content on the Website (beyond simple registration, login page, and customer profile) depend on the service and product that Spacetrees has undertaken to deliver to the customer under the Contract via the Website. The provision of Spacetrees’ services and products is conditioned upon the use of the Website.

A Customer Account is created by Spacetrees on the basis of the customer’s first Order. Access to the Customer Account requires an email address, login name, and password, which Spacetrees will send to the customer, with the understanding that the customer may change the password after the first login. The Customer Account is established for an indefinite period and may be cancelled at any time upon a request sent by email to info@spacetrees.cz or by post or courier to the address of Spacetrees. The customer is obliged to keep the access credentials to the Customer Account secure and to ensure that they are not misused in any way. Use of the Customer Account by a person other than the customer is prohibited; enabling the use of access credentials, as well as the assignment of rights and obligations relating to the Customer Account to a third party, will be considered misuse of the Customer Account. The discovery of such circumstances gives Spacetrees the right to immediately terminate the provision of services and products and to cancel the Customer Account without compensation.

Orders for services and products on the Website or on another Spacetrees website (typically by purchasing a product in an e-shop and paying online) are not possible.

If Spacetrees receives an inquiry via the Website and/or other websites or in any other manner that is intended to lead to an Order for services and products, Spacetrees will provide the interested party with a template order form that the interested party may complete and deliver to Spacetrees in person (e.g., via a sales representative), by email to info@spacetrees.cz, by Spacetrees’ data box (ID DS: bewubnf), or by post or courier to the address of Spacetrees.

A contact form may be created on the website www.spacetrees.cz by selecting the “contact / contact us” page, filling in the form (email address, name, phone, message), and clicking the send button; once the inquiry is sent, the operation is completed and changes to the form are no longer possible.

A chat may be initiated on www.spacetrees.cz by clicking the “write to us” icon to open the chat window, entering your message or inquiry, optionally adding attachments, and clicking the send arrow button; once the inquiry is sent, the operation is completed and changes in the chat are no longer possible.

A newsletter about our services and products is sent to customers and interested parties who have filled in their contact details and submitted a contact form and/or chat, or who have expressed interest in Spacetrees’ services and products directly or indirectly, typically to an existing Spacetrees customer who shared this information. Newsletter subscription is set up for an indefinite period and can be cancelled at any time either by clicking the unsubscribe link in each newsletter or by a request sent by email to info@spacetrees.cz, or by post or courier to the address of Spacetrees.

No rights to monetary or similar consideration from Spacetrees arise to users of the Website and/or other Spacetrees websites from the use of these sites for any reason whatsoever.

Every user of the Website and/or other Spacetrees websites has the right and obligation to contact Spacetrees in the event of a complaint relating to Spacetrees’ electronic services. Reporting by email titled “Website Error” is preferred, including a description of the error or deviation, date of detection, the user’s request, and the user’s contact details for updates on resolution. Spacetrees reserves the right to handle the complaint within 30 days from its delivery and will make reasonable efforts to resolve the complaint before the end of this period.

Every user of the Website and/or other Spacetrees websites undertakes to use such sites in accordance with the agreed purpose and legal regulations, in particular with emphasis on the protection of all intellectual property of Spacetrees and of other persons, and to compensate for any damage resulting from a breach of these obligations. The customer expressly declares that they were informed in advance and fully understand that Spacetrees has at least a statutory duty of prevention, especially in relation to the rights of third parties, which includes the duty to prevent and detect (even potentially) unlawful or sham conduct and to report it to the competent public authorities, as well as the duty to prevent the occurrence of harm in any form.

The customer undertakes, in relation to the Website and/or other Spacetrees websites, that they will not place or send any software from the sites, will not attempt unauthorized access, will not conduct any denial-of-service attacks, and will not disrupt operation by means of software, robots, web crawlers, spiders, scripts, or any other automated systems.

In the event of any breach and/or attempted breach of obligations, and/or a threat to the performance of the Terms, Spacetrees has the right to immediately terminate all contractual relationships without notice and without a notice period and, at the same time, the right to seek compensation for any damage that may arise from such a breach.

ORDER OF SERVICES AND PRODUCTS, CONTRACT

The customer is obliged to express their interest in concluding a Contract by means of an order form in which they must provide their first and last name or company name, registered office, Company ID (IČ), VAT ID (DIČ), full name of the contact person, contact email address, contact telephone number, the area to be analyzed in hectares (the area of interest), the preferred imaging date, information that they are interested in services and products even in the case of a later imaging date, and sign the completed order form with a recognized electronic signature or a simple signature including the customer’s stamp. The completed and signed form is delivered in person (e.g., via a sales representative), by email to info@spacetrees.cz, by Spacetrees’ data box (ID DS: bewubnf), or by post or courier to the address of Spacetrees.

After receiving the order form, Spacetrees will verify the possibilities and current conditions for delivering the requested services and products. If it is possible to provide the services and products, Spacetrees will send the customer their order form with Spacetrees’ order confirmation, specifying the concrete scope, quality, and parameters, which may differ from the order, in particular depending on available sources, the season, weather conditions, etc., which the customer accepts without reservation. The Contract is concluded upon the sending of the confirmation by Spacetrees to the customer.

Part of the content of the Contract concluded between the customer and Spacetrees consists of the Terms in the wording valid and effective on the date of conclusion of the Contract. The Terms are provided to the customer on Spacetrees’ website and by email with the order form. Invoices and tax documents under the VAT Act are provided to the customer in electronic form by email, which the customer expressly agrees to. Invoices are also available in the customer’s profile.

Spacetrees is not obliged to conclude a Contract with the customer and is entitled to withdraw from an already concluded Contract, especially if (a) the customer provided incorrect, false, or incomplete data and failed to correct them within a given period, (b) the service or product cannot be delivered, particularly due to the non-existence and/or unavailability of input data, (c) supplier prices have changed significantly, (d) the price stated in the order acceptance is clearly incorrect due to a clerical error, etc., (e) the customer has disrupted the security and/or integrity of the Website and/or another Spacetrees website, (f) the customer attempted or interferes with the property, including intellectual property, of Spacetrees and/or Spacetrees’ business partners, (g) the customer attempted or in any way negatively affects the good name of Spacetrees and/or Spacetrees’ business partners, (h) due to the intervention of a court or administrative authority, (i) it becomes apparent that by concluding the contract the customer pursued a purpose different from the purpose declared in the Contract. In such a case, Spacetrees must inform the customer of the non-acceptance of the order, withdrawal from the Contract, or any other termination of the Contract within 10 business days.

The subject of the Contract is the provision of services and products by Spacetrees, for which the customer undertakes to pay the contractual price stated in Spacetrees’ order confirmation.

The customer acknowledges that Spacetrees reserves the right to choose with whom it will enter into a contractual relationship and therefore has no obligation to accept the customer’s offer to conclude a Contract, even without stating reasons.

PLACE OF DELIVERY, DELIVERY PERIOD, REMUNERATION, PAYMENTS

Services and products are provided to the customer within the Website in the given customer’s profile under the section of ordered projects.

Products delivered by Spacetrees and duly paid for are available to the customer within the Website without time limitation for as long as their Customer Account on the Website exists.

The price for services and products, as well as the delivery period, is variable over time and is influenced in particular by the type of required and available quality of the underlying imagery for Spacetrees’ analysis, the scope of the analysis, the scope of the area of interest, the delivery timeframe, the season, and global developments, particularly rapidly changing global circumstances and the increase in international military conflicts.

The price for services and products, as well as the preferred delivery period, is stated in the order confirmation sent to the customer by Spacetrees. The stated price and delivery period are indicative. Unless otherwise stated, all prices are exclusive of VAT and do not include any customs duties or other charges, which the customer may be obliged to pay. The VAT rate will be set in accordance with the applicable regulations on the tax point date (DUZP). Spacetrees is a VAT payer.

The price for services and products is payable on the basis of an invoice issued by Spacetrees with a due date of 14 days from the date it is sent to the customer’s contact email, who is automatically considered the payer unless otherwise agreed. The invoice may be issued immediately after the order confirmation is sent to the customer by Spacetrees, and even before services and products are provided to the customer.

In the event of force majeure (war, terrorist attacks, destabilization of tools acquiring satellite images, blackout, pandemics, general strikes, natural forces or cosmic influences — including but not limited to solar flares, meteor or other body impacts, geomagnetic storms, or other astronomical phenomena, etc.), including the impact of such circumstances on Spacetrees’ business partners, Spacetrees shall not be in delay with the delivery of services and/or products to the customer and shall not bear any liability for any consequences of force majeure in the customer’s sphere.

USE OF SERVICES AND PRODUCTS BY THE CUSTOMER

In the Order, the customer declares that they order Spacetrees’ services and products for their internal needs, primarily for the protection of their property in the form of vegetation located on land owned by them and/or entrusted to them for management. The customer acknowledges that any commercial use of Spacetrees’ services and products is prohibited; commercial use means in particular, but not exclusively, any dissemination of Spacetrees’ products or services for consideration or remuneration, which may include, for example, advertising, their use in marketing or advertising materials or services on behalf of the customer, client, employee, employer, and/or for the benefit of the customer’s client; the use of any Spacetrees service or product in any materials or services provided for consideration or for a fee, or their use in publications, books, journal articles, or scientific publications.

Under the Contract, the customer acquires a limited, non-exclusive, non-transferable, non-assignable, personal right to use the specific services and products provided by Spacetrees within the Website in accordance with the Contract. Spacetrees does not transfer any property rights, in particular ownership rights, to the customer, nor any intellectual property rights of Spacetrees or Spacetrees’ business partners (in particular trademarks and copyrights or licenses to use them), except where expressly stated in the order confirmation and/or these Terms.

Products in the form of documents in Word and/or PDF format that Spacetrees provides to the customer via the Website and/or another Spacetrees website, by email, or via data box may be freely shared by the customer in accordance with the purpose of the Contract, provided that the document contains a copyright notice of Spacetrees and/or Spacetrees’ business partners.

The customer is entitled to create their own reports, studies, and analyses that may include processing of data contained in Spacetrees’ products, provided that the data contained in Spacetrees’ products are not disclosed in such customer outputs nor provided to any third party, and that such outputs reference Spacetrees’ copyright and the date on which the given data were created. Spacetrees bears no liability for such derivative outputs and has the right to require termination of their unauthorized use if the data were used by the customer unlawfully or incorrectly, etc.

Creating and any handling of analyses comparing Spacetrees’ data, services, and products with the data, products, and services of third parties is prohibited.

The customer is obliged not to interfere with the provision of the services and products themselves; in particular, not to decrypt, copy, extract, license, or otherwise mine them by automated means for purposes other than those envisaged by the Contract, and not to remove Spacetrees’ copyright notices, Spacetrees’ trademarks, Spacetrees’ logos, or any other protective elements.

Spacetrees is entitled to use any feedback and/or information from the customer regarding the services and products, etc., except for the customer’s intellectual property rights and/or confidential information. The customer transfers their rights to the feedback to Spacetrees free of charge and irrevocably.

If any statement of the customer proves to be untrue and/or if the customer breaches any of their obligations under the Contract and/or any regulation of any state or international organization, as a result of which Spacetrees may suffer any harm, the customer is obliged and undertakes to pay Spacetrees all harm thereby incurred, as well as all harm incurred by another person if such person seeks compensation from Spacetrees.

Given that Spacetrees provides its services and products based on input data from business partners, Spacetrees assumes no liability for the accuracy, completeness, or quality of such input data and, for that reason, assumes no liability for inaccuracies, incompleteness, or quality of the services and products. Spacetrees’ services and products are provided on an “as is” basis. Spacetrees expressly states that in providing services and products it acts to the best of its knowledge and belief and makes the necessary efforts to ensure that the services and products result from the use of the best available input data, software, know-how, and expertise.

All rights not expressly stated in the Contract are reserved by Spacetrees.

SPECIFICS OF THE SERVICES AND PRODUCTS PROVIDED; EXCLUSIONS FROM PERFORMANCE

The customer acknowledges that any delivery dates agreed in the Contract are indicative only and any delivery after the preferred delivery date shall not be considered a breach of the Contract and/or a delay.

The customer acknowledges that the quality of the services and products provided by Spacetrees depends on the quality and availability of the underlying data provided by business partners. The customer agrees and acknowledges that any circumstance giving rise to an exclusion from performance on the part of a Spacetrees business partner vis-à-vis Spacetrees automatically constitutes an obstacle to performance on the part of Spacetrees, as a result of which Spacetrees is not in delay with performance under the Contract, provided that Spacetrees notifies the customer of the existence of such an obstacle within 5 business days after becoming aware of it. Such an obstacle does not give the customer the right to withdraw from the Contract unless the obstacle lasts for more than sixty (60) consecutive days, unless the parties agree otherwise. In the event of the customer’s withdrawal from the Contract for the reasons stated in the preceding sentence, Spacetrees is entitled to reimbursement of the reasonably incurred costs expended during the term of the Contract.

The customer further acknowledges that acquiring the underlying data for the provision of services and products by Spacetrees depends in particular on atmospheric and meteorological conditions over the assessed area, and that if cloud cover over the analyzed area exceeds 20% (i.e., 20% of the imaged Earth surface is covered by clouds and 80% is cloud-free), the acquired data cannot be used for the service and re-imaging is necessary. The period from the first imaging to the time when usable data are secured extends Spacetrees’ delivery period accordingly, and any additional costs associated with re-imaging for these reasons may be reflected by Spacetrees in an increase in the service price, which the customer expressly agrees to. If it is not possible to deliver the underlying data for the provision of Spacetrees’ services and products within sixty (60) days from the preferred imaging date under the Contract, this period is automatically extended by a further sixty (60) days, unless the customer informs Spacetrees in writing that they no longer wish to continue. In such a case, the Contract terminates upon the expiry of 30 days from the moment the customer delivers their decision to Spacetrees, unless the customer and Spacetrees agree otherwise.

The customer acknowledges that they are responsible for the accuracy and completeness of the data provided to Spacetrees, as inaccurate or incomplete data may affect the quality and usability of the provided services and products.

The client acknowledges that the accuracy of the results of Spacetrees’ services and products may show an error margin of up to 10%, and that this error margin depends on external factors beyond Spacetrees’ control. These factors include, in particular, circumstances relating to the life cycle of pests, where during incubation already infested plants may not yet show signs of infestation; weather influences such as season, air temperature, amount of sunlight; the time when the underlying data were acquired, which affects the amount of light and shadow in the imagery; the imaging angle depending on the satellite’s orbit — all circumstances outside Spacetrees’ sphere that may affect the quality of the underlying image and thus the output of the service and product itself. From this perspective, the service and products cannot be considered a 100% accurate tool for preventing and avoiding or reducing property damage, and by using Spacetrees’ services the customer confirms that they are aware of the error margin of the services and products and therefore use the services and products only as an auxiliary tool for property control, together, for example, with an on-site physical inspection carried out by an expert specializing in identifying and detecting pests in the relevant vegetation, etc.

The client further acknowledges that the quality of the service provided by Spacetrees also depends on the season, as the assessment of the occurrence and spread of pests can only be evaluated during the vegetation season; any outputs based on underlying data acquired outside the vegetation season may show a significantly higher error margin than stated in Article VI(5) of the Terms and therefore may not be usable by the customer for the purpose of the Contract.

GOVERNING LAW, DISPUTE RESOLUTION, FINAL PROVISIONS

Provisions in the order confirmation that deviate from the Terms shall prevail in the event of a conflict. This does not apply to arrangements concerning the length of delivery.

The Contract, as well as all relationships between Spacetrees and the customer, are governed by the laws of the Czech Republic, irrespective of conflict-of-law rules, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The customer expressly agrees that most communications with Spacetrees take place electronically and that Spacetrees’ outputs are provided electronically by making them available within the Website.

If any provision of the Contract or the Terms becomes invalid, ineffective, or unenforceable, the remaining provisions of the Contract or the Terms shall not be affected.

The Contract constitutes the entire agreement on the subject matter of the Contract and supersedes all prior agreements, negotiations, statements, and proposals, whether written and/or oral.

Spacetrees reserves the right to make repeated changes to the Terms, in particular in cases of changes in legal regulations and case law, changes in payment terms, and/or changes to the electronic services of the business.

In the case of contracts other than those obliging Spacetrees to perform the same kind of services repeatedly with reference to business terms, any changes to the Terms shall be effective from their adoption and shall have no impact on the content of already concluded contracts. In the case of contracts obliging Spacetrees to repeated performance of the same kind with reference to business terms, Spacetrees shall notify the customer of changes at least 30 days before such changes take effect; the customer has the right to refuse the change in business terms, i.e., to terminate the contract within 30 days from delivery of the change notice.

Spacetrees and the customer are obliged to prevent disputes. In the event a dispute arises, they undertake to resolve the matter amicably. If the matter is not resolved amicably within 30 days from the moment one party notifies the other of the existence of a dispute, Spacetrees and the customer agree to an arbitration clause within the Contract as follows: All disputes arising from or in connection with this Contract shall be finally decided by the Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic in accordance with its Rules by three arbitrators. The place of proceedings shall be Prague and the language of the proceedings shall be Czech.

The content of the Contract is considered Spacetrees’ trade secret. The customer undertakes to maintain confidentiality regarding all facts concerning the content of the Contract, performance, and the circumstances of its conclusion. Breach of this obligation gives rise to the right to a contractual penalty of CZK 50,000 for each individual breach of the confidentiality obligation under the Contract. The right to compensation for damage exceeding the contractual penalty is not affected.

Spacetrees is entitled to assign any due monetary claims under the Contract to a third party. Rights assignable under the Contract may be assigned by the customer to third parties only with Spacetrees’ prior written consent.

All provisions on warranties, indemnification obligations, liability and its limitations, protection of ownership rights, and protection of intellectual property shall remain in force even after termination of the Contract.

If the Contract is drawn up in a language other than Czech, the Czech language version of the Contract and these Terms shall always prevail.

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