Terms of Service

1. Who we are

The Service is provided by Tamaat Inc., a corporation incorporated under the Canada Business Corporations Act, with its registered office in Calgary, Alberta, Canada ("Tamaat", "we", "us"). You can reach us at support@tamaat.com.

Paid plans are sold through Paddle.com Market Limited and its affiliates ("Paddle"), which acts as merchant of record. Paddle takes your payment, issues your invoice and collects applicable sales taxes. Paddle's own buyer terms apply to the payment itself. These Terms apply to your use of the Service.

2. Language

These Terms are available in English, French and Spanish. If you are in Quebec, the French version has been made available to you first, and you may choose to be bound by it or, if you expressly prefer, by the English version.

Outside Quebec, if the versions differ, the English version governs to the extent the law allows.

3. Who may use the Service

You must be at least 18 years old, or the age of majority where you live if that is older, and able to enter into a contract. The Service is not directed to children.

You may not use the Service if you are in a country subject to comprehensive Canadian or United States sanctions, or if you are a person with whom we are prohibited by law from dealing.

4. Accounts, organizations and people you invite

You need an account to use most of the Service. Give accurate information, keep it current, keep your password and any API keys or tokens secret, and tell us promptly at support@tamaat.com if you believe your account has been used without your permission. You are responsible for what is done through your account.

Work in Tamaat belongs to an organization. Each account has an organization of its own, and may be invited into another. The owners of an organization decide who its members are, what each may do, and who may view what it shares. An owner may remove a member at any time. Content a member creates inside an organization belongs to that organization and stays with it if the member leaves or is removed.

A seat on a paid plan is for one named person and may not be shared. People you invite only to view a map or a dashboard do not need a seat. You are responsible for the people you invite and for their compliance with these Terms.

5. Plans, the free plan and trials

The Service is offered on a free plan and on paid plans. What each plan includes, its limits and its price are described on our pricing page and at checkout at the time you subscribe, and form part of your agreement with us.

We may offer a trial of a paid plan's features. A trial is free, lasts for the period stated when it starts, and is offered once per person. When a trial ends you are not charged and you are not moved to a paid plan: your organization continues on the free plan, your work stays, and only the features that the free plan does not include stop being available until you subscribe.

The free plan and trials are provided without charge and, to the extent the law allows, without any commitment of availability or support. We may change the limits of the free plan on notice.

Enterprise agreements. The Enterprise plan is sold under a written agreement made of an order form and these Terms, the AI Terms, the Acceptable Use Policy and the Data Processing Addendum. The order form can set the term, the seats, the price and how it is invoiced, where the Service is hosted and on which cloud, or that it runs in your own cloud account or data centre, service levels, support, and governance such as several administrators and custom domains. Where the order form differs from these documents, the order form prevails.

6. Fees, renewal, cancellation and refunds

Price. The price shown at checkout is the full price of your plan before sales tax. Sales taxes that apply where you are located are added and shown before you pay.

Billing and renewal. Paid plans are billed in advance for a monthly or an annual term. Unless you cancel, your subscription renews at the end of each term for a term of the same length, at the price then in effect, and your payment method is charged. Where the law requires it, we remind you before a subscription renews.

Cancelling. You may cancel at any time from the billing page of your account. Cancellation takes effect at the end of the term you have already paid for. You keep your plan until then and you are not charged again.

Changing plans. If you move to a higher plan, or from monthly to annual billing, the change takes effect at once and a new term begins that day: you pay the new price and receive credit for the unused part of the term you had already paid for. If you add seats, they are available at once and you pay for them for the rest of your current term. If you move to a lower plan, remove seats, or move from annual to monthly billing, the change takes effect at the end of your term.

Refunds. A charge can be reversed in full within 14 days if what it bought has not been used. You do this yourself from the billing page of your account: a purchase of seats or of a higher plan is undone and your subscription continues; the payment for a term is refunded and the subscription it relates to ends at once. Otherwise, except where the law gives you a right to a refund, or where these Terms say otherwise, payments are not refundable and we do not give credit for a term that has been partly used. If we end your paid subscription without cause, we refund the unused part of the term.

Price changes. We may change the price of a plan. We will tell you at least 30 days before a new price applies to you, and it will not apply before your current term ends. If you do not agree, you may cancel before the new price takes effect.

Failed payment. If a renewal payment fails, we and Paddle will try again and tell you. If payment is still not received after a reasonable period, your subscription ends and Section 19 applies.

Usage. Plans include allowances of processing, storage and other measured use. When an allowance is used up, the feature it covers may be slowed or paused until the allowance renews or you buy more. We tell you in the Service as you approach a limit.

7. Your content

"Your Content" is everything you or your members bring into or create in the Service: datasets, layers, maps, dashboards, flows, API definitions, files, comments, and what you write to the assistant.

You keep all your rights in Your Content. We do not claim ownership of it.

You give us a worldwide, non-exclusive licence to host, copy, process, transmit and display Your Content only as needed to provide, secure and support the Service for you, including to serve what you publish to the people you choose. This licence ends when Your Content is deleted from the Service, except for copies in backups, which expire as described in the Privacy Policy.

We do not use Your Content to advertise, we do not sell it, and we do not use it to train artificial intelligence models.

You are responsible for Your Content. You confirm that you have the rights needed to bring it into the Service and to share it as you do, and that it and your use of it comply with the law, including privacy law where it contains information about people.

8. Sharing and publishing

A map is private to the person who made it until it is shared. You decide who can see it: members of your organization, people you invite by email, or, where your plan allows it, anyone who has the link.

When you share or publish, you are making Your Content available to those people, and you are responsible for that choice. If you publish to anyone with the link, treat the content as public.

We may take a published item offline if we reasonably believe it breaks these Terms or the law, and we will tell you when we do unless the law prevents us.

9. Acceptable use

You agree not to, and not to allow anyone else to:

• use the Service to break the law, or to infringe or violate the rights of others;
• upload or share content that is unlawful, that you have no right to use, or that contains malicious code;
• use the Service to locate, track or monitor an identifiable person without a lawful basis and, where the law requires it, that person's consent;
• access the Service, or another customer's data, without authorization, or test or probe the Service's security without our written permission;
• interfere with the Service or place an unreasonable load on it, or get around limits, rate limits or access controls;
• copy, scrape or bulk-download basemap tiles, geocoding results or other third-party data through the Service beyond what your use of a map requires;
• resell or sublicense the Service, or provide it to others as a service bureau, except by publishing your own maps, dashboards and APIs as the Service is designed to allow;
• reverse engineer, decompile or copy the Service, except where the law gives you a right to that cannot be excluded;
• share a seat or an account between people, or create accounts to avoid plan limits or to obtain more than one trial;
• use the Service to build a competing product, or publish benchmarks of it without our written consent.

10. The AI assistant

The Service includes an assistant that uses large language models operated by third parties (currently Anthropic, OpenAI, Google and Typesafe). You may connect your own account with one of those providers, or use the models through us. The AI Terms apply to your use of it and are part of these Terms.

When you use the assistant, your request, the conversation, and the data the assistant needs to answer it (for example the structure of a layer, or the rows a query returns) are sent to the provider that runs the model. If you connect your own provider account, that provider's terms with you govern how it handles what is sent.

As between you and us, you own what you put in and, to the extent the law allows, what the assistant produces for you. We do not use either to train models.

11. Third-party data and services

The Service lets you use data and services that other parties provide: basemaps, geocoding, elevation, satellite imagery and open data from sources such as OpenStreetMap contributors, Copernicus, NASA, the United States Geological Survey and Natural Resources Canada, and services you connect with your own key.

These are provided under their own licences and terms, which you must follow, including any requirement to keep attribution on a map or an export and any limit on storing or redistributing results. We do not control them and are not responsible for their content, accuracy or availability. They may change or become unavailable.

The open-source software the Service is built with, and the open data it serves, are listed with their licences on our Third-party notices page at tamaat.com/legal/third-party-notices.

12. Maps, analysis and results

Maps, measurements, spatial analysis, remote sensing indicators, change detection and radio coverage predictions produced by the Service are estimates. They depend on the data, models and settings used, and they can be inaccurate, out of date or incomplete.

13. APIs, flows and automation

If you use our APIs, or publish your own APIs or scheduled flows through the Service, you are responsible for the keys and tokens you create and for everything done with them. We apply rate limits and count use against your plan's allowances. We may suspend a key that is being abused or that puts the Service at risk.

14. Preview features

We may offer features described as beta, preview or experimental. They are provided as they are, may change or be withdrawn at any time, and may not be covered by support.

15. Changes to the Service, availability and support

We improve the Service continuously and may add, change or remove features. If we make a change that materially reduces what your paid plan includes, we will give you at least 30 days' notice where we reasonably can, and you may cancel and receive a refund of the unused part of your term.

We work to keep the Service available, but we do not promise that it will be uninterrupted or error-free, and no service level applies unless we have agreed one with you in writing. We may carry out maintenance, and parts of the Service may be paused when not in use and take a short time to start.

Support is by email at support@tamaat.com and through the documentation at tamaat.com/docs. We answer on business days. Response times, named contacts and other support commitments are agreed only in an Enterprise agreement.

16. Confidentiality

If you are a business customer, each of us will protect the other's non-public information that a reasonable person would understand to be confidential, use it only for the purposes of this agreement, and disclose it only to those who need it and are bound to protect it, or where the law requires, after giving notice where permitted. Your Content is your confidential information.

17. Our intellectual property and your feedback

The Service, including its software, design, documentation and trademarks, belongs to Tamaat and its licensors. These Terms give you a right to use the Service while they are in force, and no other right in it.

If you send us suggestions or feedback, we may use them without restriction and without owing you anything.

18. Suspension and termination

You may stop using the Service at any time, and you may delete your account from your account settings.

We may suspend or end your access if you materially break these Terms, if payment is not received, if your use puts the Service or others at risk, or if the law requires it. Where we reasonably can, we will tell you first and give you a chance to put things right. We may suspend at once where needed to protect the Service or other people.

We may also end the agreement on 30 days' notice for any reason. If we do so while you have a paid subscription, we refund the unused part of your term.

19. What happens to your data

When a paid subscription ends. Your organization is locked: it can no longer be used, but Your Content is kept for 30 days. During that time you can subscribe again, which restores it. After 30 days Your Content is permanently deleted. We send reminders before that happens.

Inactive free organizations. If an organization on the free plan is not used for 90 days, we tell you and, unless it is used within a further 30 days, its content is deleted. The account itself remains.

The trash. Items you delete go to the trash, where they can be restored for 14 days, and are then permanently deleted.

Deleting an organization. An owner may schedule an organization for removal. It is removed after 30 days unless an owner cancels the removal first.

Deleting your account. You may delete your account at any time from your account settings. A paid plan must be cancelled first. Your account is closed immediately: you are signed out, you cannot sign in, your API tokens stop working, and your organization is scheduled for removal. For 30 days you may restore the account, and your organization with it, by signing in. After 30 days the account, your organization and its content are permanently erased and cannot be recovered. Content you created inside another customer's organization belongs to that organization and remains with it.

Backups and records. Deleted data may remain in encrypted backups for up to 14 further days until those backups expire. Billing records are kept for as long as tax and accounting law requires.

You are responsible for keeping your own copies of Your Content. Where the Service offers a way to download or export it, do so before your subscription or your account ends.

20. Disclaimer of warranties

To the extent the law allows, the Service is provided "as is" and "as available". We make no promises about it other than those in these Terms, and we disclaim all implied warranties and conditions, including those of merchantability, fitness for a particular purpose, accuracy and non-infringement.

Some laws give consumers warranties that cannot be excluded. Where such a law applies to you, this section does not limit it.

21. Limitation of liability

To the extent the law allows, neither of us is liable to the other for indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, goodwill or data, however it arises and even if it was foreseeable.

To the extent the law allows, our total liability to you for all claims arising from or relating to the Service or these Terms is limited to the greater of the fees you paid for the Service in the 12 months before the event giving rise to the claim, and one hundred Canadian dollars.

These limits do not apply to liability for death or bodily injury, for fraud, for intentional or gross fault, or to any liability that cannot be limited by law. They also do not apply to your obligation to pay fees, or to your obligations under Section 22.

22. Claims by others

If you are a business customer, you will defend us against any claim by a third party arising from Your Content, or from your breach of Sections 7 to 9, and pay the damages and reasonable costs finally awarded or agreed in settlement, provided that we tell you promptly about the claim, let you control its defence, and cooperate at your expense.

23. Governing law and disputes

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there. Subject to the next paragraph, the courts of Alberta sitting in Calgary have exclusive jurisdiction over any dispute arising from them.

If you are a consumer, you also have the benefit of any mandatory provisions of the law of the place where you live, and you may bring proceedings in the courts of that place where its law gives you that right.

Before starting proceedings, each of us agrees to tell the other about the dispute in writing and to try in good faith for 30 days to resolve it. These Terms do not require arbitration and do not ask you to give up any right to take part in a class proceeding.

24. Consumers in Quebec

For Quebec consumers, a change under Section 25 is limited to the elements named there, we give at least 30 days' written notice setting out the new and the former clause and its effective date, and you may refuse the change and end your contract without cost or penalty by telling us within 30 days after the change takes effect, if the change increases your obligations or reduces ours.

25. Changes to these Terms

We may change these Terms to reflect changes in the Service, in the law, or in how we operate. The elements that may change are: the features and limits of the Service and its plans; fees and how they are billed; the rules on acceptable use; how data is kept and deleted; and the provisions on liability, disputes and notices.

We will post the new version with its date and, if a change is material, tell you by email or in the Service at least 30 days before it takes effect. If you do not agree, you may cancel before then and, if the change materially reduces your rights under a paid plan, receive a refund of the unused part of your term. Using the Service after a change takes effect means you accept it.

26. Export controls and sanctions

You will comply with the export control and sanctions laws of Canada, the United States and any other country that applies to your use of the Service, and you will not allow the Service to be used in breach of them.

27. General

Whole agreement. These Terms, the AI Terms, the Data Processing Addendum, the plan description at checkout and the Privacy Policy are the whole agreement between us about the Service. If we have signed a separate written agreement with you, that agreement prevails where it differs.

Assignment. You may not transfer this agreement without our written consent. We may transfer it to an affiliate or to a successor to our business, and we will tell you if we do.

Events outside our control. Neither of us is liable for a failure caused by events beyond reasonable control, such as a failure of a hosting provider or of the internet, a natural disaster or an act of government. This does not excuse an obligation to pay.

Notices. We send notices to the email address on your account or show them in the Service. Send notices to us at legal@tamaat.com.

If part is unenforceable. If a court finds part of these Terms unenforceable, the rest remains in effect.

No waiver. If we do not enforce a provision, that is not a waiver of it.

Survival. Sections 7, 17 and 19 to 23 continue to apply after the agreement ends.

28. Contact

Questions about these Terms: legal@tamaat.com. Tamaat Inc., 687 Arbour Lake Dr NW, Calgary, AB T3G 4T6, Canada.