Terms of Service

Version 1.0 — May 2026

These Terms of Service ("Terms") govern access to and use of the Gamma Earth Platform at app.gamma.earth (the "Platform"), including the user registration portal, the user dashboard, and access via API, SDK, and Google Colab. The Platform is operated by Gamma Earth Sàrl, Chemin de la Scierie 10, 1162 St-Prex, Switzerland ("Gamma Earth", "we", "us"). By registering for an account or using the Platform, you agree to be bound by these Terms.

Use of the gamma.earth public website is governed separately by the Website Terms of Use. Our handling of personal data is described in the Privacy Policy, and our use of cookies in the Cookie Notice.

The Platform currently provides a user registration portal and user dashboard.

These Terms apply in addition to, and do not replace, the Gamma Earth License Agreement, which separately governs the rights to access and use the S2DR3 and S2DR4 software and services. For Users accessing the software via API or SDK, the License Agreement and the applicable Fee Policy in force at the time of their subscription continue to govern those commercial relationships.

These Terms are intended for business users, governmental entities, and academic institutions. Where mandatory consumer protection laws apply in your jurisdiction, nothing in these Terms affects your statutory rights.

2. Key Definitions

Capitalised terms used but not defined herein have the meanings given in the License Agreement. In these Terms:

• "Account" means the registered user account created on the Platform.
• "Platform" means the web-based interface at app.gamma.earth, currently comprising the user registration portal and user dashboard.
• "API Key" means the unique credential issued by Gamma Earth to registered Users upon Account creation, used to authenticate processing requests across all Gamma Earth interfaces, including Google Colab, API, and SDK.
• "Services" means the S2DR3 and S2DR4 super-resolution processing services made available by Gamma Earth via Google Colab, API, or SDK.
• "User" means any individual who registers for an Account on behalf of themselves or their organisation. For the purposes of the License Agreement, the User is the Licensee. The terms User and Licensee are interchangeable and refer to the same person or entity.

3. Account Registration and Eligibility

3.1 Eligibility

To register for an Account, you must: (a) be at least 18 years of age; (b) have authority to bind the legal entity on whose behalf you are registering, if applicable; and (c) provide accurate, current, and complete registration information.

3.2 Account Information

You are responsible for maintaining the accuracy of your Account information and for keeping your login credentials confidential. You must promptly notify Gamma Earth at info@gamma.earth if you become aware of any unauthorised access to your Account.

3.3 One Account per User

Each Account is for a single designated user. You may not share your Account credentials or allow other individuals to access the Platform using your Account. Organisations requiring access for multiple users should contact Gamma Earth to discuss appropriate licensing arrangements.

3.4 Acceptance of Applicable Documents

Registration of an Account constitutes acceptance of these Terms and the License Agreement. For the purposes of the License Agreement, the User is the Licensee. The terms User and Licensee are interchangeable and refer to the same person or entity.

4. Use of the Platform

4.1 Permitted Use

Subject to these Terms and the License Agreement, Gamma Earth grants you a limited, non-exclusive, non-transferable right to access and use the Platform solely for your own internal business, governmental, or academic purposes.

4.2 Acceptable Use

You agree not to use the Platform to:

• Violate any applicable law or regulation;
• Infringe the intellectual property rights of Gamma Earth or any third party;
• Upload or transmit malicious code, viruses, or other harmful content;
• Attempt to gain unauthorised access to the Platform, its infrastructure, or other users' accounts;
• Use automated tools (bots, scrapers, crawlers) to access the Platform in a manner not expressly permitted;
• Interfere with or disrupt the integrity or performance of the Platform;
• Misrepresent your identity or the nature of your organisation;
• Use the Platform in any way that exceeds the scope of your applicable licence.

5. Google Colab Interface and API Key

5.1 Transition to Registered Access

Gamma Earth is transitioning the Google Colab interface from anonymous access to registered access. Existing Google Colab users are invited to register for an Account on the Platform within thirty (30) days of the date they are notified by Gamma Earth.

5.2 API Key

Upon registration, Gamma Earth will issue each User an API Key. For new users, the API Key is the single credential used to authenticate processing requests across all Gamma Earth interfaces — Google Colab, API, and SDK. It is personal to the User and must not be shared with or disclosed to any third party.

The User is responsible for keeping the API Key confidential. If the User becomes aware of any actual or suspected unauthorised use of their API Key, they must notify Gamma Earth immediately at info@gamma.earth. Gamma Earth reserves the right to revoke and reissue API Keys at any time.

Existing API and SDK users who register during this transition period will receive a new API Key. Their existing credentials remain valid until migration is completed, as described in Section 6.

5.3 Google Colab Remains Free

Registration and use of the Google Colab interface via API Key does not alter the free and limited nature of the Google Colab service. No payment is required to use Google Colab via the Platform. The processing limitations applicable to the Google Colab interface remain in force and are communicated separately by Gamma Earth.

5.4 Google Colab Third-Party Terms

Use of the Google Colab interface is subject to Google's own terms of service in addition to these Terms and the License Agreement. Gamma Earth is not responsible for any interruption, modification, or discontinuation of the Google Colab service.

6. API and SDK Users — Transition

Users accessing the Services via API or SDK are subject to the License Agreement and the Fee Policy applicable at the time of their subscription. These commercial terms remain in force and are not modified by these Terms.

Existing API and SDK users who register on the Platform will receive a new API Key. Their existing credentials continue to operate in parallel until migration to the new API Key is completed. Gamma Earth will communicate the migration timeline and conditions separately, and will provide reasonable advance notice before existing credentials are retired.

Registration on the Platform does not alter any existing commercial terms or processing entitlements.

7. User Data and Intellectual Property

7.1 Account Data

You retain ownership of the personal and organisational data you provide during registration. By registering, you grant Gamma Earth a limited licence to store and use that data for the purpose of operating your Account and providing the Services, as further described in the Privacy Policy.

7.2 Gamma Earth's Intellectual Property

All intellectual property rights in the Platform, including its design, code, features, and functionality, are owned by or licensed to Gamma Earth. Nothing in these Terms grants you any right in the Platform beyond the limited access right described in Section 4.1.

7.3 Feedback

If you provide feedback or suggestions relating to the Platform or Services, you grant Gamma Earth a perpetual, irrevocable, royalty-free licence to use and incorporate such feedback without restriction or obligation to you.

8. Account Suspension and Termination

8.1 Termination by User

You may close your Account at any time by contacting info@gamma.earth. Closure of your Account does not affect any rights or obligations arising under the License Agreement or any applicable Fee Policy.

8.2 Suspension or Termination by Gamma Earth

Gamma Earth may suspend or terminate your Account if: you are in breach of these Terms or the License Agreement and have not remedied the breach within a reasonable time following notice; you use the Platform in a manner that poses a security or operational risk; or Gamma Earth is required to do so by applicable law or a competent authority.

8.3 Effects of Termination

Upon termination or closure of your Account, your access to the Platform will be revoked. Account data will be retained for thirty (30) days to allow export, after which it will be permanently deleted, subject to Gamma Earth's legal retention obligations. Termination of your Account does not relieve you of obligations accrued prior to termination under the License Agreement.

9. Platform Availability and Modifications

Gamma Earth aims to make the Platform available on a continuous basis but does not warrant any minimum uptime or availability. Gamma Earth may at any time modify, update, suspend, or discontinue any feature of the Platform, with reasonable advance notice where possible.

10. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. GAMMA EARTH DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GAMMA EARTH DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

Disclaimers and limitations of liability applicable to the Services and Outputs are governed by the License Agreement.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMMA EARTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, HOWEVER CAUSED.

IN ANY EVENT, GAMMA EARTH'S AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO GAMMA EARTH IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits Gamma Earth's liability for fraud, gross negligence, wilful misconduct, or death or personal injury caused by negligence.

12. Amendments to These Terms

Gamma Earth will update these Terms as new features and commercial terms are introduced. Registered users will be notified by email and/or by a notice on the Platform in advance of material changes. Continued use of the Platform following the effective date of amended Terms constitutes acceptance of the updated Terms. If you do not accept amended Terms, you must cease using the Platform and close your Account.

13. General Provisions

13.1 Relationship of the Parties

These Terms do not create any agency, partnership, joint venture, or employment relationship. The parties are independent contractors.

13.2 Assignment

You may not assign or transfer any rights or obligations under these Terms without Gamma Earth's prior written consent. Gamma Earth may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets, upon written notice.

13.3 Severability

If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force.

13.4 Entire Agreement

These Terms, together with the License Agreement and the applicable Fee Policy, constitute the entire agreement between you and Gamma Earth regarding the Platform and Services, and supersede all prior understandings and communications relating to the same. Use of the public website is governed by the Website Terms of Use, and our use of cookies by the Cookie Notice.

13.5 No Waiver

Failure by Gamma Earth to enforce any provision of these Terms shall not constitute a waiver of that provision.

13.6 Notices

Notices to Gamma Earth should be sent to info@gamma.earth or Gamma Earth Sàrl, Chemin de la Scierie 10, 1162 St-Prex, Switzerland. Gamma Earth will direct notices to you at the email address associated with your Account.

13.7 Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond its reasonable control, provided prompt notice and reasonable mitigation steps are taken.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding conflict of law rules. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the city of Lausanne, Switzerland.

For questions relating to these Terms: info@gamma.earth · Gamma Earth Sàrl, Chemin de la Scierie 10, 1162 St-Prex, Switzerland · www.gamma.earth

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