Terms of use

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Effective as of September 1, 2025

To learn about the terms and conditions of the service available at maps.nimbo.earth, please refer to the Nimbo Earth Online and feeds General Terms of Use.

To learn about the terms and conditions of Nimbo Plans subscription, please refer to the Nimbo General Terms and Conditions of Subscription.

General Terms of Use of the Nimbo website (nimbo.earth)

In accordance with the provisions of Articles 6-III and 19 of Law n°2004-575 of 21 June 2004 on Confidence in the digital economy, known as LCEN, these legal notes are brought to the attention of Users of the nimbo.earth website and its sub-domains agri.nimbo.earth and api-demo.nimbo.earth (‘the Sites’).

Connection and navigation on the Sites by the User implies full and unreserved acceptance of these legal notices.

Editor

The Sites are edited by SAS Kermap with a capital of 30,000 euros, registered with the RCS of Rennes under number 832 361 471.

Headquarters: 1137a avenue des Champs Blancs, 35510 Cesson-Sévigné, France
Phone number: +33 (0)2 30 96 07 66
Email address: hello@kermap.com
Director of publication: Antoine Lefebvre

Webhosting

The Sites are hosted by OVH, headquartered at 2 rue Kellermann – 59100 Roubaix – France

Access to the Sites

The Sites are accessible from any location, 7 days a week, 24 hours a day, barring exceptional situations, planned or unscheduled interruption, which may result from a need for maintenance.

In the event of a modification, interruption or suspension of service, Kermap cannot be held responsible.

Contents

The information on the Sites is as accurate as possible and the Sites updated at different times of the year, but may contain inaccuracies or omissions. Kermap strives to provide the Sites with as accurate information as possible. The information on the Sites is not, however, exhaustive and the photos are not contractual. They are subject to modifications having been made since they were put online.

Intellectual property

Any use, reproduction, distribution, marketing, modification of all or part of the Sites without the Editor’s authorization is prohibited and may result in actions and legal proceedings as provided in particular by the French Code of intellectual property and the Civil Code.

General Terms of Use of the Nimbo Earth Online platform (maps.nimbo.earth) and feeds

KERMAP publishes and makes available to users a platform called NIMBO, which allows them to view all or part of the Earth by juxtaposing satellite images organized in such a way as to allow smooth movement and chronological tracking.

Access to and use of the Platform and/or the Services require the User’s prior and unconditional acceptance of the General Terms of Use (“GTU”) and the Privacy Policy.

If User is entering into this agreement on behalf of a company or legal entity, User represents that he/she has the authority to enter into this agreement. In this case, the User binds and represents such entity under the GTU, and such entity may be liable for any breach or violation of the GTU by the User.

By checking the box “I acknowledge that I have read these General Terms of Use and the Privacy Policy, and I accept them without reservation” when creating a User Account, the User expresses such consent.

Acceptance of these GTU and the Privacy Policy is complete and indivisible, and the User may (i) choose to apply only a portion of the GTU and/or the Privacy Policy or (ii) express reservations.

In any case, the use of the Platform and/or of all or part of a Service materializes the express and unreserved acceptance of the GTU and the Privacy Policy by the User.

DEFINITIONS

“Subscription“: Means the subscription to a Service by the User in accordance with the Terms of Service (TOS)

“TOS“: Means the terms and conditions applicable to any Subscription by the User, as well as the rights and obligations of KERMAP and the User under the CGU

“GTU“: Refers to these general conditions of use governing the conditions of access and use of the Platform, as well as the rights and obligations of KERMAP and the User under the GTU

“User Account“: Refers to the account that must be created by the User on the Platform in order to access the Services

“Data“: Refers to the satellite images processed and integrated by KERMAP into the Platform to provide the Services and available for consultation on the Platform in .png format by the User

“Personal Data“: Refers to any information relating to a natural person who is identified or can be identified, directly or indirectly, by reference to one or more elements that are specific to him or her.

“KERMAP“: Refers to the company KERMAP, a simplified joint stock company with a single shareholder with a capital of 30,000 Euros, registered in the Trade and Companies Register of RENNES under the number 832 361 471 and whose head office is located at 1137 A avenue des Champs Blancs in CESSON-SÉVIGNÉ (35510) in France.

“Party(ies)“: Refers to KERMAP and/or the User

“Platform“: Refers to the software solution published and developed by KERMAP and accessible in SaaS mode on the KERMAP website at maps.nimbo.earth and made available to Users.

“Services“: Refers to the services offered by KERMAP and accessible on the Platform by the User

“Terminal“: Means any computer or communication terminal (such as a smartphone, tablet, computer equipped with IOS, Android or Windows operating systems) allowing connection to the Internet or to any mobile telephone network and supporting the latest versions of the main Internet browsers available on the date of entry into force of the GTU

“User“: Refers to the natural person using the Platform.

ARTICLE 1. Object

The GTU define the terms of access and use of the Platform by Users, with or without a Subscription.

The provisions of the GTU will also govern all updates and/or upgrades provided by KERMAP that replace and/or are in addition to the version of the Platform on the effective date of the GTU.

ARTICLE 2. Access to the Platform and Services

To access the various services offered by KERMAP via the Platform, the User is invited to follow the instructions displayed on the Platform.

Access to the Platform is authorized free of charge by KERMAP for the benefit of the User, subject to (i) the creation of a User Account and (ii) the full compliance by the User with these GTU, including but not limited to the terms of the license granted herein in this regard.

Access to other Services is subject to the TOS applicable to said Service, depending on the Subscription formula chosen by the User.

ARTICLE 3. Commitments of the User

The User declares, prior to accepting the GTU and using the Services, that he/she is aware of the characteristics and features of the Platform and the Services, and that he/she has ensured that they meet his/her needs, for which he/she is solely responsible.

The User agrees to:

  • Access and use the Platform and/or the Services (i) in accordance with the provisions of the GTU, and in compliance with the applicable legal and regulatory

provisions and (ii) where applicable, in accordance with the Subscription taken out to access the Services subject to Subscription;

  • Provide accurate, up-to-date and complete information when using the Platform and/or the Services;
  • Not to access the Platform and/or the Services by using the User Account of a third party or by impersonating him/her;
  • Do not access the Services by any means other than the one provided by KERMAP ;
  • Use a Terminal that is compatible with the Platform and/or the Services, with the latest updates of its Internet browser

Any use of the Platform for purposes other than those permitted by these GTU, and the Subscription if applicable, is strictly prohibited.

ARTICLE 4. User Accounts

To access the Platform and the Services, the User creates a User Account allowing him/her to access his/her User space, by following the instructions displayed on the Platform.

In order to finalize the creation of his User Account, the User must check the box “I acknowledge having read the terms of use and the privacy policy and accept them without reservation“.

At the end of the procedure of creation of the User Account, he will receive an e-mail of confirmation of creation of the User Account including a link of activation of the User Account as well as a link towards the GTU.

The User declares that he/she is of age or has the authorization of an adult exercising parental authority.

The User acknowledges that he/she has filled in the registration form truthfully and as accurately as possible, using up-to-date data. If any of the required information changes over time, the User agrees to update or modify it, under his/her sole responsibility, in his/her User Account as soon as possible.

Any entry of inaccurate, outdated or incomplete information or any use of a User’s name containing abusive, defamatory, violent, obscene or more generally terms contrary to public order and morality, may result in the suspension or closure of the User’s Account by KERMAP.

The User agrees to keep their chosen username and password strictly confidential and not to disclose them to third parties, in order to avoid as much as possible any risk of intrusion or usurpation of their User Account or misappropriation of the Services and information concerning the User. KERMAP cannot be held responsible for any use of the User Account by a third party who has had access to the User’s login and password in any way whatsoever. Any action carried out with the User’s Account will be considered the User’s fault and will engage his or her responsibility under the terms of this agreement.

The rights of access and use of the Platform and Services are granted on a personal basis, the User is prohibited from transferring his User Account or all or part of his rights and obligations under the GTU, without the prior express written consent of KERMAP.

ARTICLE 5. Access to Services

KERMAP offers Users Freemium access with registration, as well as paid Subscriptions under the conditions agreed in the TOS.

In the event of a discrepancy between these GTU and the TOS applicable to a Service, the TOS shall prevail for the performance of such Service only.

ARTICLE 6. Availability of the Platform and Services

Due to the nature of the Internet (and cell phone networks), KERMAP cannot guarantee the User continuous and permanent availability of access to the Platform and/or Services.

Unless otherwise provided in the TOS applicable to the User, KERMAP is bound by an obligation of means concerning access to the to the Platform and Services and undertakes to make its best efforts to provide the User with the following level of service: availability 24 hours a day, 7 days a week.

The User declares and acknowledges that the Platform and the Services are linked to the proper functioning of its equipment and telecommunication networks.

In any case, it is the User’s responsibility to ensure:

  • Prior to accessing the Platform, the availability and access of the Terminal to the Internet network and to mobile telephone networks in the event of access via a Terminal requiring access to the said network;
  • Prior to any use of the Services, the proper functioning and configuration of his Terminal and the absence of any element generating interference.

ARTICLE 7. Maintenance and modifications of the Platform and Services

The User is informed and agrees that KERMAP reserves the right, at its discretion, to (i) make corrective updates of any anomalies or errors affecting the use of the Platform and/or (ii) modify the Platform and the Services (subject to the applicable TOS, if any) to improve the User experience, adapt to the development of new technologies and/or comply with any legal or regulatory constraints

For the duration of the operations, KERMAP may suspend access to the Platform and/or use of the Services without prior notice to the User and without compensation.

In order to maintain the Platform or to install updates, KERMAP may modify the Platform (in its content or user interface) without prior notice to the User and without compensation.

ARTICLE 8. Hypertext links

The Platform may contain hyperlinks to websites operated by third parties (the “Third Party Websites“).

These links are provided for information purposes only. KERMAP has no control over these Third Party Websites and accepts no responsibility for access, content or use of these Third Party Websites, nor for any damage that may result from consulting the information on these sites. The decision to activate these links and to consult these sites is the sole responsibility of the User.

The User declares and acknowledges that KERMAP has no control over the process used by Third Party Websites to collect information relating to the User’s browsing on Third Party Websites and/or to process the User’s Personal Data, in particular through the possible installation of tracking cookies.

KERMAP invites the user to consult the privacy policies of Third Party Websites in order to learn about the methods of collection, the purposes of use, including advertising, and the browsing information that they may collect, if any.

ARTICLE 9. Intellectual Property

KERMAP has or is invested with all intellectual property rights relating to all elements of the Platform and / or Services such as

text, graphics, interface, software, databases, images, videos, sounds, plans, names, logos, trademarks, creations and various copyrightable works, databases, etc.. (hereinafter the “Intellectual Property Rights”).

The GTU do not imply any transfer of Intellectual Property Rights to the User.

Furthermore, the Customer expressly acknowledges that :

  • KERMAP has systematically collected and organized information, contact details and content in an original database that it updates regularly;
  • KERMAP is the owner of the copyright on this database, in particular in application of article L.112-3 of the Intellectual Property Code;
  • KERMAP, as the producer of the said database, also has the sui generis right under Articles L.341-1 et seq. of the French Intellectual Property Code, protecting the

said database, in particular against any extraction or substantial reuse of its content without prior authorization from KERMAP.

As a result of the above, any reproduction, disclosure, distribution, representation, adaptation, translation, modification, decompilation, marketing, or sub-licensing of all or part of KERMAP’s Intellectual Property Rights, regardless of the purpose, medium, duration, territory or means used, is prohibited.

The User agrees not to infringe on the Intellectual Property Rights, know-how, image and / or reputation of KERMAP.

Apart from the use of the Platform and Data as described herein, and subject to applicable legislation, the User may not reproduce, represent, modify, transmit, publish, adapt, exploit, etc., in any manner whatsoever, on any medium and by any means whatsoever, the databases (including the Data) and/or the Platform without the prior and express written permission of KERMAP

In particular, the User agrees not to perform reverse engineering to reconstruct or attempt to reconstruct all or part of the Platform, create derivative works, attempt to derive the source codes of the Platform, unless expressly authorized by KERMAP.

ARTICLE 10. User licenses

10.1. Except as otherwise provided in the TOS applicable to a Subscription taken out by the User, during the period of use of the Platform and/or Services, KERMAP grants the User, who accepts it, a personal, revocable, non-exclusive, non-sublicensable and non-transferable right to access the Platform and Services, to view Data via the Platform from his or her Terminal and to use it for non-commercial purposes and/or for research, for one User Account at a time, throughout the world.

The Data is subject to the following usage provisions:

  • Non-commercial and/or research use;
  • Only for the Holder of the User Account;
  • For the whole world territory ;
  • For the duration of the protection of the Data by intellectual property law;
  • For the creation of content from the features offered by the Platform.

10.2. The Data includes Copernicus Sentinel data from the European Union program, to which European Union law gives unrestricted access under the conditions set forth in the European Commission’s Legal Notice on the Use of Copernicus Sentinel Data and Service Information available [here].
Any use of the Data by the User must be in accordance with the terms of the license granted in this Notice. Without prejudice to the other provisions and commitments of the User under the GTU, the User undertakes to make use of the Data in accordance with this Notice and to credit the European Union in accordance with this Notice (see next Article).
If the User publicly discloses or distributes the Data, the User agrees to acknowledge the source of the Data in the following manner (or in any other manner that the European Union may request in the future):

10.3. Any use of the Data by the User must be accompanied by the following credit notice, prominently displayed and allowing third parties to understand the origin of the Data, consistent with the medium and format used:
“[Credit NIMBO by KERMAP]. Contains modified Copernicus Sentinel data [Year]”

10.4. With the exception and within the limits of any operation permitted by the use of the Platform’s functionalities in accordance with the GTU, the Customer is in particular not authorized to:

  • Copy, download, save, in any way whatsoever the Data, whatever the medium and/or format and/or purpose;
  • Modify in any way the format of the Data;
  • Distribute, sell, rent, lease, transfer, communicate or make available to third parties by any means whatsoever, whether free of charge or for a fee, the Data.

Customer understands and expressly agrees that it must have a Subscription to access and/or use certain Services and features of the Platform.
During the period of validity of the User Account, the User can download free of charge the contents resulting from the functionalities proposed by the Platform (captures, timelapses) and generated within the framework of the use of the Services, via his User Account.

10.5. The Customer is solely responsible for backing up any content from the features offered by the Platform that they wish to keep on their Terminal. KERMAP does not provide or ensure any backup service.

ARTICLE 11. Warranty limitations and exclusions

Due to the nature of the Internet and cell phone networks, KERMAP cannot guarantee the User continuous and permanent availability of access to the Services and/or the Platform.

KERMAP does not guarantee:

  • That the Platform and/or the Services are free of anomalies, errors or bugs and that their operation is uninterrupted. Consequently, the User is reminded that it is up to him to take all appropriate measures (in particular regular backups of his data) to minimize the damaging consequences linked in particular to a possible interruption of operation or a possible loss of data generated by the Platform due to their use;
  • The proper functioning of the Platform and/or the Services on a non-compatible Terminal, which the User expressly acknowledges;
  • The suitability of the Platform and the Services to the User’s needs.

Any warranty is excluded in the event of:

  • (i) illicit use of the Platform and/or Services by the User and/or not in accordance with their intended purpose as set out in these GTU,
  • (ii) non-installation by the User of any updates to the Platform,
  • (iii) misuse of the Terminal by the User,
  • (iv) misappropriation of the Services by the User for use contrary to their intended purpose,
  • (v) error or negligence on the part of the User, or
  • (vi) force majeure.

KERMAP does not guarantee the upward compatibility of the current version of the Platform with any new Terminals or any new versions of the operating systems of the current Terminals.

ARTICLE 12. Responsibilities

12.1. Responsibilities of the User
By express agreement between the Parties, the User is solely responsible for:

13.2. KERMAP’s responsibility
KERMAP provides access to the Platform and Services via the Platform under an obligation of means.
In any case, and subject to the provisions of public order applicable where appropriate, KERMAP can not be held responsible for the harmful consequences resulting from the following assumptions:

  • Any exploitation of the Data, information and/or documents resulting from the use of the Platform and/or the Services by the User;
  • Any breach by the User of the provisions of the GTU and/or any legal or regulatory provision in force;
  • Any information provided by the User, via the Platform, of erroneous information and/or Documents and/or containing errors;
  • Any difficulty or impossibility to access the Platform and/or the Services resulting from a maintenance operation necessary for the proper functioning of the Services and/or the Platform, and/or in case of data updating, updating or upgrading of the Platform;
  • Any malfunction, slowdown, interruption, impossibility and/or poor conditions of access to the Services (i) due to the very nature of the Internet network, mobile telephone networks and wireless networks and/or (ii) due to a failure and/or saturation of the data communication networks (Internet, intranet, or wireless network);
  • Any loss of data and damage to Terminals due to unauthorized use of the Platform, Services and/or Data by the User;
  • The misuse of the Platform and/or the Services and/or the Data by the User;
  • Any possible misappropriation of passwords, communication of the User’s personal identifiers, transfer of the User’s Account, and more generally of any information of a sensitive nature for the User, for which the latter assumes full responsibility;
  • The refusal of installation or deletion of cookies by the User.

In addition, KERMAP can only be held liable for immediate, direct and foreseeable damages resulting from a contractual breach, excluding any indirect and/or intangible damage suffered (such as loss of opportunity, data, operations, turnover, damage to image, etc.), subject to any applicable public order provisions.

ARTICLE 13. Personal data / Cookies / Privacy

KERMAP ensures the confidentiality, security and treatment of the User’s Personal Data in accordance with the applicable legal provisions and KERMAP’s Privacy Policy.

The Parties are bound by the confidentiality obligations set forth in KERMAP’s Privacy Policy. KERMAP’s Privacy Policy also specifies all information relating to the use of cookies and other tracers by KERMAP. The User can manage the deposit of cookies by configuring the connection parameters of his or her browser or terminal, but this operation may alter access to the service and its use.

ARTICLE 14. Usage data

KERMAP collects and processes usage data as part of the use of the Platform and Services.

Usage data is not Personal Data because it does not relate to the User and does not allow the User to be identified, directly or indirectly, which the User expressly acknowledges.

The User is informed that the processing of usage data is essential to the use of the Services in accordance with the GTU and allows KERMAP:

  • to improve the content and quality of the Platform and Services;
  • to carry out statistical and technical studies, to compile data in order to understand and anticipate the needs of users;
  • to ensure the reactivity in the assistance that it is likely to propose to the User in particular by the installation of corrections and update for the Platform.

KERMAP guarantees the User complete anonymity of the usage data processed via the Platform.

ARTICLE 15. Termination of use of the Platform / Early termination

15.1. Termination by the User
User may discontinue using the Platform and/or Services at any time.
The user can decide to delete his User Account by following the procedure indicated on the Platform or by sending his request by e-mail to contact@NIMBO.earth.

15.2. Termination by KERMAP
The User Account may be deleted by KERMAP in the event of non-compliance by the Customer of any of its obligations.
In general, KERMAP reserves the right, without notice and without prejudice to any action by KERMAP for damages, to suspend or delete any User Account in the event of non-compliance by the User with any of its obligations.
The deletion of the User’s Account will automatically take effect fifteen (15) days after written notification via the User’s Account or by email to the User, indicating KERMAP’s intention to apply this clause and not followed by regularization.

Notwithstanding the foregoing, it is expressly agreed between the Parties that the contract embodied in the GTUs may be immediately terminated by KERMAP and the User’s Account automatically deleted by the latter, without notice and without prejudice to any action by KERMAP for damages:

  • In the event of repeated breaches by the User of any of its commitments under the GTU;
  • In case of use by the User of the Platform and/or Services not in compliance with applicable laws and regulations;
  • In case of use of the Platform and/or the Services characterizing a serious breach of the GTU (such as in particular the usurpation of the profile of another user of the Platform);
  • In case of infringement of KERMAP’s Intellectual Property Rights.

15.3. Consequences of the end of the GTU
At the end of the contract materialized by the GTU occurring for any reason whatsoever:

  • The User Account will be deactivated;
  • The User Account, the Platform and the Services will be inaccessible to the Customer;
  • KERMAP may retain and use Personal Data and usage data for the purposes and periods agreed upon herein.

Articles 11 “Intellectual Property”, 12 “Limitations and Exclusions of Warranty”, 13 “Liability”, 14 “Personal Data”, will continue to be effective during the applicable legal or regulatory limitation periods.

ARTICLE 16. Miscellaneous clauses

16.1. Insurance. KERMAP declares that it is insured for its professional liability in the context of its activity under the GTU, and this, with a company known to be solvent, and undertakes to maintain this insurance coverage throughout the duration of use of the Platform by the user.

16.2. Subcontracting. The User authorizes KERMAP to subcontract all or part of the Services (including maintenance of the Platform and data hosting) to the subcontractor of its choice. KERMAP will be fully responsible for the work entrusted to its subcontractors and compliance with the provisions of Law No. 75-1334 of December 31, 1975 on subcontracting.

16.3. Force majeure. In the event of force majeure as defined in Article 1218 of the Civil Code, the obligations of the Parties under the GTU shall be suspended for the duration of the force majeure and shall resume as of the end of the force majeure. The absence of access to the Platform and/or the non-performance of the Services attributable to a case of force majeure shall not be subject to any recourse. In the event of such an event preventing KERMAP from fulfilling its commitments, the latter undertakes to inform the User as soon as possible.

16.4. Non-transferability of the Contract by the User. As the GTU are concluded intuitu personae in consideration of the User, the rights and obligations resulting therefrom may not be assigned or transferred, in whole or in part, free of charge or against payment, for any reason, in any form or to any person whatsoever, by the User without the prior express written consent of KERMAP. KERMAP may assign the contract embodied in the GTUs and/or all or part of its rights and obligations arising therefrom to a subsidiary of KERMAP within the meaning of Article L. 233-3 of the French Commercial Code, or to any transferee in connection with any sale or lease of a business, merger, demerger, partial contribution of assets or transfer of securities.

16.5. Mutual Independence. Each Party shall freely implement the means it deems useful to fulfill its obligations, in complete independence. The GTU do not create any subordination, association or agency relationship between the Parties. Each Party acts on its own behalf and is not authorized to represent the other Party.

16.6. Partial Invalidity. The invalidity or unenforceability of any provision of the GTC shall not invalidate the remaining provisions, which shall remain in full force and effect.

16.7. Non-waiver. The fact that a Party does not avail itself at a given moment of any of the clauses of the present contract, cannot be considered as a renunciation to avail itself later of these same clauses or any other clause of the GTU.

ARTICLE 17. Applicable Law – Competent Jurisdiction

The conclusion, validity, interpretation, execution, performance of the GTU and the execution of the Services are subject exclusively to French law.

Users expressly agree to comply with all national laws, ordinances and regulations applicable to use of the Services while using their Terminals outside of France.

The Parties undertake to try to resolve any dispute and/or request relating to the GTU in an amicable manner, by notifying the other Party of its default by registered letter with acknowledgement of receipt.

At the end of a period of thirty (30) days from the receipt of the above-mentioned notification, without any response from the defaulting Party and/or failing to reach an amicable agreement, each Party may submit the dispute to the competent courts of the jurisdiction of the Court of Appeal of Rennes (France) exclusively, notwithstanding multiple defendants or third party claims.

Nimbo General Terms and Conditions of Subscription

KERMAP publishes and makes available to users a platform called NIMBO, which allows them to view all or part of the Earth by juxtaposing satellite images organized in such a way as to allow smooth movement and chronological tracking.

Subscription to a Subscription by the Customer is subject to the Customer’s prior and unreserved acceptance of the GTC, the GTCU, the Privacy Policy, and the SLA.

The UGC, Privacy Policy, and SLA form an integral part of the GTC, and the rights granted to the Customer under the GTC are subject to the Customer’s compliance with the UGC, Privacy Policy, and SLA.

These GTC define the terms and conditions of Subscription (as defined below) to the services provided by the Company KERMAP (” KERMAP”) to its customers (the “Customer”). The Company and the Customer are hereinafter referred to collectively or individually as the “Parties” or the “Party.”

DEFINITIONS

“Subscription”: Refers to the subscription to a Service by the User in accordance with the GTC.

“Application”: Refers to the tools for consulting and using the Data developed specifically for the Customer by KERMAP within the framework of the Terms and of Use applicable Conditions.

“GTC”: Refers to these terms and conditions of Subscription to the Service by the User made available to the User for the Data accessible on the Platform.

“Terms of Use”: Refers to the terms and conditions governing the conditions of access and use of the Platform, as well as the rights and obligations of KERMAP and the User under the CGU.

“Development Order”: Refers to the order for specific application development services for the use of the Data placed by the Customer with KERMAP in accordance with these terms and conditions, and subject to the Special Terms and Conditions of Service of NIMBO.

“Data”: Refers to satellite images processed and integrated by KERMAP into the Platform to provide the Services and make them available for viewing on the Platform in .png format by the Customer.

“KERMAP”: Refers to the company KERMAP, a simplified joint stock company with a single shareholder and capital of €30,000, registered in the Trade and Companies Register of RENNES under number 832 361 471, with its registered office at 1137 A avenue des Champs Blancs, CESSON-SEVIGNE (35510), France.

“Service Levels”: Refers to the service level commitments made by KERMAP under the terms of the SLA with regard to the Customer’s use of the Platform and the Data, taking into account the Subscription package purchased and/or the provisions agreed between the Parties under the terms of the Commercial Offer, where applicable.

“Commercial Offer”: Refers to the commercial subscription proposal made to the Customer by KERMAP. It consists of:
(i) the technical scope of the subscription (i.e. duration, number of requests, number of users, etc.) and/or the Services; and
(ii) these GTC; and
(iii) the service level commitments of KERMAP (the Services Level Agreement, “SLA”).

“Party(ies)”: Refers to KERMAP and/or the Customer.

“Platform”: Refers to the software solution published and developed by KERMAP, accessible in SaaS mode at maps.nimbo.earth and made available to Users.

“Services”: Refers to the services offered by KERMAP, in particular the provision of Data accessible on the Platform by the User.

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ARTICLE 1. Subject

1.1. These GTC define the terms and conditions of Subscription (as defined below) for access to the Platform and Services provided by KERMAP to its professional or consumer Customers.

1.2. By subscribing to a Subscription, the Customer unreservedly accepts the GTC, expressly waives any of its general terms and conditions of purchase (notwithstanding any provisions to the contrary in the Customer’s commercial documentation), as well as any other document or prior exchange of any kind, or subsequent exchange not formalized by a written amendment signed by both Parties.

1.3. KERMAP reserves the right to modify the GTC at any time and without prior notice, which shall apply to any new Subscription, even if linked in any way to a previous Subscription, and invites the Customer to read them in full each time they subscribe.

PROVISIONS APPLICABLE TO CONSUMERS AND NON-PROFESSIONAL USERS
(Within the meaning of the Introductory Article of the Consumer Code)

PLEASE NOTE: Certain provisions of the GTC are applicable, depending on the case, only to consumer Customers, non-professionals or professionals. In any event, consumer or non-professional Customers shall enjoy all the rights and benefits granted to them by law.

ARTICLE 2. Subscribing to a Subscription

2.1. The Customer subscribes to the Subscription by selecting a Commercial Offer. After confirmation by the Customer at the end of the subscription process, the Customer’s commitment is firm and final, and they will have access to the Platform.

2.2. After confirmation by the Customer, KERMAP will send a written confirmation by email confirming the subscription to the Subscription (the “Subscription Confirmation”).

PLEASE NOTE: ALL SUBSCRIPTIONS CONSTITUTE A PAYMENT OBLIGATION

NO RIGHT OF WITHDRAWAL.
By subscribing to the Subscription, the Consumer Customer (i) expressly requests KERMAP to grant immediate access to the Platform and to provide the Services immediately after receipt of the Subscription Confirmation sent by KERMAP, i.e. before the end of the fourteen (14) clear day period provided for by the Consumer Code; and (ii) acknowledges and agrees to waive its right of withdrawal.

Consequently, the consumer Customer understands, acknowledges and accepts that they do not have a right of withdrawal under the provisions of Article L.221-28 13° of the Consumer Code.

ARTICLE 3. Term

All Subscriptions are concluded for the minimum term (monthly or annual) specified in the Commercial Offer, starting from the date of receipt of the Subscription Confirmation by the Customer (the “Initial Period“).

At the end of the Initial Period, the Subscription shall be tacitly renewed for periods of the same duration as the Initial Period (the “Renewal Periods,” together with the Initial Period, the “Periods“), unless terminated by either Party by email to [email address] indicating its intention to terminate the Subscription or directly via its User Account using the unsubscribe feature:

  • at any time for Subscriptions subscribed to for a monthly Initial Period; or
  • at least three (3) months before the end of the current Period for Subscriptions taken out for an Initial Period of one year.

Specific conditions – Subscription to the annual subscription constitutes a firm and irrevocable commitment for a period of twelve (12) months. The Customer acknowledges that they have been informed that they may not terminate the contract before its expiry date, except in cases provided for by law.

ARTICLE 4. Price

4.1. The monthly or annual price of the Subscription is communicated to the Customer by KERMAP in accordance with the Commercial Offer, in euros excluding tax (and/or including tax) and excluding charges of any kind (the “Price”).

4.2. The Customer understands and agrees that, except in the event of termination in accordance with Article 3 above, the Price is payable for any Period, including if (i) the Customer ceases to use the Platform or the Services through no fault of KERMAP, or (ii) if the Subscription is terminated by the Customer for convenience or by KERMAP due to the Customer’s fault.

Pricing terms of the offer

  • Annual plan with commitment: $20 per month with a firm commitment of twelve (12) months, for a total payment of $240, excluding tax, payable in a single installment upon subscription.
  • Monthly plan with no commitment: €30 excl. tax per month, payable in advance each month.

4.3. KERMAP reserves the right to modify the Subscription Price at the end of each Period, provided that it informs the Customer at least thirty (30) days before the new price takes effect. In the event of refusal, the Customer may terminate their Subscription free of charge before the new price takes effect. Otherwise, the new price will be deemed accepted.

4.4. Any month that has begun is due and no refund will be made in the event of early termination, except in cases provided for by law.

ARTICLE 5. Financial conditions

5.1. Unless otherwise stated in the Commercial Offer, payment shall be made in Euros, monthly, in advance (i.e. at the beginning of the Period), in accordance with the terms and conditions proposed by KERMAP and accepted by the Customer as part of the Subscription, on the date agreed between the Parties to the Commercial Offer. No discount shall be granted for early payment.

5.2. Any sums not paid when due shall bear interest at a rate equal to three (3) times the legal rate in force, plus five (5) percentage points, from the date on which they are due and without notice. Any delay in payment shall automatically entitle the Professional Customer to a fixed compensation for recovery costs in the amount of forty (40) euros, plus any actual recovery costs exceeding forty (40) euros upon justification.

ARTICLE 6. Payment

6.1. Payment and billing via a third party – Subscriptions are sold via the Paddle.com platform, which acts as the ‘Merchant of Record’. As such, Paddle is solely responsible for processing payments, applying applicable taxes, and issuing invoices on behalf of the Customer. By subscribing to a subscription, the Customer acknowledges that they are contracting directly with Paddle for the commercial transaction. KERMAP remains responsible for providing the subscribed Service.

➤ Identity of the Merchant of Record – The Merchant of Record is: Paddle.com Market Limited, a company registered in England and Wales under number 08172165, with its registered office at 70 Wilson Street, London, EC2A 2DB, United Kingdom. Paddle collects payment on behalf of KERMAP and applies the tax rates in force in the Customer’s country.

6.2. Payment-related complaints – Any questions or complaints regarding billing, payment processing, or invoice issuance should be directed to Paddle using the contact details provided on the order confirmation or invoice.

ARTICLE 7. Refund Policy

7.1. Waiver of the Right of Withdrawal

By confirming their Subscription, the Customer expressly (i) requests immediate access to the Services and the Platform, and (ii) acknowledges and accepts that they waive their right of withdrawal in accordance with Article L.221-28 13° of the French Consumer Code. Consequently, the Customer is not entitled to withdraw from the Subscription once it has been confirmed, and no refund will be issued on this basis.

7.2. General Principle – No Refund of Periods Started

Any billing period (monthly or annual) that has begun is due in its entirety. The Customer expressly understands and accepts that early termination of the Subscription by the Customer for convenience shall not entitle them to a refund of any kind, including partial refund of the remaining time in the Period started, except in cases covered by law or expressly set forth in these GTC.

7.3. Admissible Refund Requests

Refund requests may only be considered in the following limited situations:

  • In the event of failure by KERMAP to provide access to the Platform or to deliver the Services as defined in the Commercial Offer and the GTC;
  • Where permitted by applicable consumer law or any statutory provision in force in the Customer’s country of residence (e.g., total service unavailability without remedy);
  • In case of billing errors or duplicate charges, subject to proof provided by the Customer.

7.4. Refund Process

All admissible refund requests must be sent to KERMAP by email at billing@kermap.com or by registered letter with acknowledgment of receipt. The request must include the following information:

  • The reason for the refund request;
  • Subscription ID or account identifier;
  • Date of the Subscription and related invoice or payment confirmation;
  • Any relevant documentation supporting the claim.

For refund requests related to a failure by KERMAP to deliver the Services, the Customer must first send a formal notice by registered letter with acknowledgment of receipt, clearly detailing the alleged failure and requesting resolution. If KERMAP does not address the issue within thirty (30) days of receipt of the formal notice, the Customer may then submit a refund request under the above conditions.

KERMAP will assess each admissible request and respond within a maximum of thirty (30) days. Refunds, when granted, will be processed using the original payment method whenever possible.

7.5. Non-Admissible Requests

  • Requests based solely on the Customer’s lack of use of the Platform or Services;
  • Requests made after voluntary termination of the Subscription by the Customer without cause related to KERMAP’s failure to deliver;
  • Requests not supported by documentation or not sent through the channels mentioned above.

7.6. Country-Specific Consumer Rights

This refund policy is without prejudice to the mandatory legal rights of consumers in their country of residence, including under European Union law. In the event of conflict between this refund policy and such rights, the provisions most favorable to the consumer shall apply.

ARTICLE 8. Disputes

The Customer shall address any complaint relating to the performance of the GTC by registered letter with acknowledgement of receipt to KERMAP’s customer service department.

The Customer is informed and acknowledges that they have the option of resorting to a conventional mediation procedure for consumer disputes or any other alternative dispute resolution method with a view to amicably resolving any dispute relating to the performance of the GTC. The User may be represented by a lawyer or any person of their choice, such as a consumer association. They shall bear any costs incurred in this regard.

Mediation of consumer disputes – In accordance with Articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code and subject to their application here, the Customer is informed that they may have recourse to a consumer mediator free of charge, provided that:

  • They can prove that they have first attempted to resolve the dispute amicably with KERMAP;
  • They refer the matter to the competent mediator within a maximum period of twelve (12) months from the date of the written complaint sent to KERMAP.

CNPM – Consumer Mediation
www.cnpm-mediation-consommation.eu
contact-admin@cnpm-mediation-consommation.eu

The European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase and forward them to the competent national mediators. This platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/

If no solution is found, the dispute will be brought by the most diligent Party before the competent court.

ARTICLE 9. Ordering Development Services

9.1. KERMAP offers its Customers a specific Application Development Service for the use of Data.
For any request for Development Services from KERMAP, the Customer shall send KERMAP a set of specifications for the intended Application. KERMAP shall issue a quote, on the basis of which the Customer may place an order. The Development Order shall be firm and final upon receipt by the Customer of the order acknowledgment issued by KERMAP.

9.2. Unless otherwise expressly agreed between the Parties to the Development Order, the use of the Data via the Application shall be subject to the subscription of a Subscription appropriate to the Application and subject to these GTC.

ARTICLE 10. Licenses of use

10.1. Unless otherwise stated in the Commercial Offer, and subject to the Customer’s full compliance with the T&Cs and the effective payment of the Price in accordance with these terms, KERMAP grants the Customer, who accepts, a personal, non-transferable, and non-exclusive right to use and exploit the Platform and view the Data, worldwide, for the duration of the protection of the Data by intellectual property law, where applicable, for the uses, formats, and media authorized under the Subscription package subscribed to by the Customer.

10.2. The Data includes data from the European Union program, Copernicus Sentinel data to which European Union law grants free access under the conditions set out in the Legal Notice on the use of Copernicus Sentinel data and services of the European Commission, available here.

Any use of the Data by the Customer must comply with the terms of the license granted in this Notice. Without prejudice to the other provisions and commitments of the Customer under the GTC and GTCU, if the Customer discloses or distributes the Data to the public, the Customer undertakes to mention the source of the Data as follows (or in any other manner in which the European Union may request credit in the future):

“Contains modified Copernicus Sentinel data [Year].”

10.3. With the exception of and within the limits of any operation permitted by the use of the Platform’s features in accordance with the UGA, the Customer is not authorized to:

  • Copy, download, or record the Data in any way, regardless of the medium and/or format and/or purpose;
  • Modify the format of the Data in any way whatsoever;
  • Distribute, sell, rent, transfer, communicate or make available to third parties by any means whatsoever, free of charge or for a fee, the Data.

ARTICLE 11. Intellectual Property

11.1. KERMAP owns or is vested with all intellectual property rights relating to the Platform, the Data and any associated databases, and the Customer undertakes not to infringe them.

11.2. The Data may include and/or originate from the processing of third-party or free data, and with regard to which the rights and obligations incumbent on the Customer are communicated in accordance with the terms here. The Customer undertakes to comply with them and guarantees KERMAP against any third-party claims in this regard.

11.3. Subscribing to the Subscription does not constitute a transfer, license (except for those expressly granted herein), or restriction of the intellectual property rights and/or know-how held by KERMAP prior to or after the subscription date.

11.4. Unless expressly authorized in writing in advance by KERMAP, the Customer is not authorized and undertakes not to:

  • Reproduce, modify, transmit, publish, translate, adapt, on any medium and by any means whatsoever, or exploit in any way whatsoever, the Platform;
  • Reverse engineer the Platform or the Data (unless otherwise required by law);
  • Remove, alter, modify, hide and/or infringe in any way, in whole or in part, the trademarks and distinctive signs (whether protected by intellectual property rights or not) belonging to KERMAP or to third parties, and affixed and/or integrated by any means and/or technique whatsoever on, and/or in, the Platform and/or the Data.

11.5. In the event of a claim by a third party alleging infringement by the Platform and/or the Data of an intellectual property right, the Customer undertakes to initiate any claims in this regard directly and immediately with KERMAP. KERMAP, at its discretion and at its expense, undertakes to either replace or modify all or any part of the Platform and/or the Data, or to use its best efforts to obtain a right of use for the Customer, subject to:

  • The Customer having accepted and fulfilled all of its obligations under the T&Cs, GTC and the Subscription;
  • An infringement action having been brought by a third party before a competent court;
  • KERMAP being able to defend its own interests, and to do so, that the Customer cooperates loyally with KERMAP by providing all the elements, information and assistance necessary to carry out such a defense.

In the event that none of these measures are reasonably feasible, KERMAP may unilaterally decide to terminate the licenses granted on the Platform and/or the potentially infringing Data.

11.6. The Customer grants KERMAP a free, personal, non-exclusive license, which cannot be transferred or sublicensed, to use and distribute the Customer’s trademarks, logo, and company names on KERMAP’s commercial documentation (including the website and the Platform) for commercial reference purposes, for the duration of the Subscription and worldwide.

ARTICLE 12. Guarantees – Service Levels

12.1. Subject to applicable regulations, to the exclusion of any other express or implied warranty, KERMAP warrants to the Customer that:

  • It has all the rights and authorizations necessary to enter into these GTC;
  • The technical characteristics of the Data delivered comply with those agreed in the Commercial Offer;
  • The Platform (i) has the features described in the Commercial Offer for use by the Customer in accordance with the terms and conditions agreed in the Commercial Offer.

12.2. Subject to applicable regulations, any warranty is excluded in the cases referred to in points (i) to (viii) of Article 10.4 below.

12.3. The Customer expressly understands and accepts that the Data made available to it by KERMAP is derived from the optimization of raw data from third parties through interpretation, and that the Platform and the provision of the Data constitute a generic service that is not dedicated to a specific use.

Consequently, except as expressly provided in the Commercial Offer and the provisions of the SLA, subject to applicable legal provisions, no other express, commercial, legal or implied warranty is granted to the Customer by KERMAP. KERMAP does not guarantee, in particular:

  • The accuracy, correspondence to reality, and/or completeness of the Data,
  • The merchantability and/or suitability of the Data for a particular purpose, and/or
  • The achievement of any result with the Data, regardless of the use made by the Customer.

The Data is provided “as is.”

12.4. KERMAP does not guarantee that the Customer’s Terminals support and/or are compatible with the Platform and/or the Data (including any subsequent versions), which the Customer expressly acknowledges.

12.5. The Customer expressly understands and agrees that any claim under this warranty must be made within one (1) month of receiving confirmation of the Subscription. After this date, no claims in this regard will be processed by KERMAP.

If the guarantee is invoked, the Customer shall inform KERMAP by sending a detailed description of the difficulties encountered by email to the address at the bottom of this document, which will inform them of the procedure to follow.

If the problem encountered by the Customer does not fall within the scope of this warranty, KERMAP may offer the Customer an additional service, subject to the Customer’s acceptance of a quote.

12.6. KERMAP undertakes to provide access to the Platform, Data, and Services in accordance with the Service Levels agreed in the SLA. Failure by KERMAP to comply with the Service Levels agreed in the SLA shall entitle the Customer exclusively to benefit from the Consumption Credit as determined under the terms of the SLA and shall not entitle the Customer to terminate the Subscription, except under the conditions agreed in the SLA.

The Customer declares that they have read, understood, and accepted without reservation the SLA, which forms an integral part of the GTC and cannot be separated from them.

The Customer is solely responsible for backing up any content originating from the features offered by the Platform that they wish to keep on their Device. KERMAP does not provide or guarantee any backup services.

ARTICLE 13. Responsibilities

13.1. The Customer is solely and fully responsible for the use of (i) the Platform, and (ii) the Data, its content and interpretation, and for any damage it may cause to KERMAP and/or third parties.

13.2. KERMAP’s liability under the Subscription is limited to the provision of the Platform and the Data as specified in the Commercial Offer and the GTC.

13.3. KERMAP undertakes to compensate the Customer for any direct damage it may suffer in the event of non-performance or poor performance of the GTC, whether caused by KERMAP or one of its employees. The Customer expressly agrees that under no circumstances shall KERMAP be liable for any indirect, incidental, consequential or punitive damages (including foreseeable damages) (such as loss of profits, operating losses, loss of revenue, loss of customers, loss of opportunity, loss of data or damage to reputation).

13.4. Processing of personal data
KERMAP undertakes to comply with the regulations in force applicable to the protection of personal data, in particular the General Data Protection Regulation (GDPR). The data collected in connection with the subscription and use of the Services are subject to computer processing for the purposes of performing the contract, customer relationship management, invoicing, and providing the Services.
The Customer has the right to access, rectify, oppose, transfer and delete their data by sending a request to: privacy@KERMAP.com.
For more information, the Privacy Policy is available on page 1 of these GTC.

13.5. KERMAP’s liability is expressly excluded in the event of damage resulting from:

  • Non-payment by the Customer,
  • Use of the Platform and/or the Data that does not comply with applicable laws and regulations, the GTC and/or the GTCU, or any documentation provided by KERMAP,
  • Abnormal and/or non-compliant use of the Platform and/or the Data for their intended purpose,
  • Deliberate modification or alteration, even minor, of the Platform and/or the Data,
  • Combination of the Platform and/or the Data with one or more elements of any kind whatsoever that would lead, in particular, to a malfunction of the Platform, alteration of the Data and/or violation of the Intellectual Property Rights of a third party and/or KERMAP,
  • Intervention by a third party not authorized by KERMAP for any operation relating to the Platform and/or the Data,
  • Negligence on the part of the Customer, or
  • Force Majeure.

The Customer indemnifies KERMAP against any damage it may suffer and/or resulting from the cases referred to above.

13.6. In any event, it is expressly agreed between the Parties, subject to applicable regulations, that the total amount of compensation, damages and interest, costs of any kind that may be incurred or paid by KERMAP following a final and enforceable court decision in favor of the Customer or any settlement agreement previously approved by KERMAP shall not exceed a total limit for all disputes of an amount equal to one hundred percent (100%) of the Price excluding tax actually received by KERMAP in respect of the Subscription that is the subject of the dispute.

Exception – The limitations of liability mentioned above do not apply to consumer Customers in the event of a breach by KERMAP of its legal or contractual obligations resulting in direct damage. Any clause limiting liability shall be interpreted in accordance with Articles L.221-15 et seq. of the French Consumer Code.

13.7. Any action, dispute or claim of any kind by the Customer against KERMAP relating to the performance of the GTC shall be brought within a maximum period of one (1) year from the date on which the Customer became aware, or should have become aware, of the facts enabling it to take action, failing which it shall be time-barred.

ARTICLE 14. Miscellaneous clauses

14.1. Early termination. Without prejudice to the other provisions of the GTC, any Subscription shall be terminated thirty (30) days after formal notice by registered letter with acknowledgment of receipt from the defaulting Party indicating the other Party’s intention to apply this article and not followed by regularization, all without prejudice to any damages that the Party affected by the breach may be entitled to claim.

14.2. Insurance. KERMAP declares that it is insured for professional civil liability in connection with its activities under the GTC with a reputable insurance company and undertakes to maintain this insurance coverage for the entire duration of the user’s use of the Platform.

14.3. Subcontracting. The Customer authorizes KERMAP to subcontract all or part of the Services (in particular with regard to Platform maintenance, Subscription management and Data hosting) to a subcontractor of its choice. KERMAP shall be fully liable for the work entrusted to its subcontractors and for compliance with the provisions of Law No. 75-1334 of December 31, 1975, relating to subcontracting.

14.4. Force majeure. In the event of force majeure within the meaning of Article 1218 of the Civil Code, the obligations of the Parties under the GTC shall be suspended for the duration of the force majeure event and shall resume upon its cessation. The absence of access to the Platform and/or the non-performance of the Services attributable to a force majeure event shall not give rise to any remedy. In the event of such an event preventing KERMAP from fulfilling its commitments, the latter undertakes to inform the Customer as soon as possible.

14.5. Non-transferability of the Contract by the Customer. The GTC are concluded intuitu personae in consideration of the Customer, and the rights and obligations arising therefrom may not be assigned or transferred, in whole or in part, free of charge or for consideration, for any reason, in any form and to any person whatsoever, by the user without the prior express written consent of KERMAP. KERMAP may assign the GTC and/or all or part of its rights and obligations arising therefrom to a subsidiary of KERMAP within the meaning of the provisions of Article L. 233-3 of the French Commercial Code, or to any assignee in the context of any transfer or lease of business, merger, demerger, partial transfer of assets or transfer of securities.

14.6. Mutual independence. Each Party shall freely implement the means it deems necessary to fulfill its obligations, in complete independence. The GTC shall not create any relationship of subordination, association, or agency between the Parties. Each Party shall act in its own name and shall not be authorized to represent the other Party.

14.7. Partial invalidity. The invalidity or unenforceability of any provision of the GTC shall not invalidate the other provisions, which shall remain in full force and effect.

14.8. Non-waiver. The fact that a Party does not invoke any of the provisions of these GTC at a given time shall not constitute a waiver of its right to invoke those provisions at a later date, or any other provision of the GTC.

ARTICLE 15. Applicable law – Competent jurisdiction

The conclusion, validity, interpretation, performance, and fulfillment of the GTC and the performance of the Services are subject exclusively to French law.

The Customer expressly agrees to comply with all national laws, orders, and regulations applicable to the use of the Services when using their Terminals outside French territory.

The Parties undertake to attempt to resolve any dispute and/or claim relating to the GTC amicably by notifying the other Party of its default by registered letter with acknowledgment of receipt.

Subject to the provisions applicable to consumer disputes, where applicable, upon expiry of a period of thirty (30) days from receipt of the above-mentioned notification, without response from the defaulting Party and/or failure to reach an amicable agreement, each Party may submit the dispute to the competent courts within the jurisdiction of the Court of Appeal of Rennes (France) exclusively, notwithstanding multiple defendants or third-party proceedings.