Updated 12 June 2026

By creating an account with GeoNadir you are accepting and agree to the full terms of use of the Data and Database which are available below.

We store and provide Data and services that meet FAIR data principles.

To give you clarity on your interactions with our platform, we provide you with the following freedoms:

For us to provide our goods and services, and to develop additional features and benefits to our global users, you provide us with the following:

Welcome to GeoNadir, ACN 646 179 008, referred to as “we”, “us”, “our” or “GeoNadir”. These are the General Terms of use of our website (https://www.geonadir.com/) and your interactions with us.

By visiting our website, creating an account, or using our services, Database or Data, you agree that you have read, understood, and agree to be bound by and abide by these Terms.

If you do not agree with these Terms, you must not use our services, Database, Data or website. We may modify these Terms at any time, without notice to you.

Contents

A. General terms of use of this website and your interactions with us (General Terms)

B. Upload terms

C. Download terms

The following definitions apply to these terms.

“CC By 4.0” means the Creative Commons Attribution 4.0 International, and its associated terms and conditions available at https://creativecommons.org/licenses/

“Data” means any and all information, characteristics, images, sounds, words, audio-visual that make up part of the Database, including User Data, Processed Data, Outputs and Derived Data.

“Database” means a collection of Data arranged in a systematic or methodical way and individually accessible by electronic or other means offered under the terms of this agreement.

“Derived Data” has two meanings depending on source:

(a) User created derivatives: Created by Users from Public Data: User-owned, CC BY 4.0 licensed.

(b) GeoNadir created derivatives: Means aggregated, anonymised, or sufficiently transformed information and data created by us from the Database, used to train, improve, and develop our machine learning models, algorithms, and platform features. We retain full ownership of all Derived Data we generate and may use, modify, commercialise, and share Derived Data without restriction.

“Download” means a permanent or temporary transfer of Data from the Database to another medium by any means or in any form.

“Global Repository” means the publicly available aspects of the Database incorporating all aspects of Data categorised as Public Data.

“Intellectual Property Rights” means all present and future rights conferred by law in or in relation to copyright, trademarks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions and confidential information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable.

“Licence” means this licence agreement and is both a license of rights such as copyright and Database rights and an agreement in contract.

“Licensor” means the party offering Data or Database under the terms of this Licence.

“Moral Rights“ means rights of integrity of authorship or performership; rights of attribution of authorship or performership; rights not to have authorship or performership falsely attributed, conferred by the Copyright Act 1968 (Cth); and rights of a similar nature that exist, or may come to exist, anywhere in the world.

"Outputs" means all geospatial products, analyses, and results generated by the GeoNadir service when processing your User Data, including classifications, detections, and derived geospatial data and reports. Outputs are AI-generated and probabilistic. A qualified person should validate them before formal use.

“Person” means a natural or legal person or a body of persons corporate or incorporate.

“Private Data” means User Data you upload and categorise as "Private" on the GeoNadir Platform. This User Data and its associated Processed Data will only be accessible to you and users you explicitly share it with.

“Processed Data” means the orthomosaic imagery, digital surface model, and digital terrain model created from organising and displaying the User Data. You own the Processed Data from User Data you upload, and you may use your Processed Data for any lawful purpose, including personal, educational, research, and commercial purposes.

“Project” means the creation of an online space where Processed Data can be added, analysis and sharing of the Processed Data can occur, and Outputs generated.

“Public Data” means User Data you upload and categorise as "Public" on the GeoNadir Platform. This User Data and its associated Processed Data will be accessible to all GeoNadir users via the Global Repository, is made available under the Creative Commons Attribution 4.0 International (CC BY 4.0) Licence, and may be downloaded and used by other users for any lawful purpose, including personal, educational, research, and commercial purposes.

“Upload” means a transfer of Data from another medium to the Database in a format acceptable to the Database.

“User Data” means any information and data, including raw metadata and information, and images from a drone, which is Uploaded by a user. You own the User Data you upload, and you may use your User Data for any lawful purpose, including personal, educational, research, and commercial purposes.

“You” or “you” means a Person exercising rights under this Licence who has not previously violated the terms of this Licence with respect to the Date of the Database, or who has received express permission from the Licensor to exercise rights under this Licence despite a previous violation.

2.1 If you create an account for yourself, we offer you a warm welcome and look forward to interacting with you.

2.2 If you create an account on behalf of another person or entity, then:

(a) “You” includes you and that person or entity; and

(b) You represent and warrant that you are an authorised representative of that person or entity with the authority to bind that person or entity to these Terms, and that you agree to these Terms on that person or entity’s behalf.

2.3 If you create an account, including if made on behalf of another person or entity without that other party’s consent, you are personally responsible and liable for that account and all activity conducted under that account.

2.4 You must not share your access credentials with others. In particular

(i) You must only assign a single individual for each subscriber seat (multiple individuals may not access the Database as the same subscriber); provided that you may reassign a subscriber seat to a new individual in good faith for a bona fide business purpose (i.e., not as a means to avoid purchasing additional subscriber seats),

(ii) the total number of individuals may not exceed the number of subscribers (or “subscriber seats”) specified in any order form or online purchase portal,

(iii) each individual is permitted a reasonable amount of data Uploaded as User Data in a given period,

(iv) logins may not be shared with any other individual, and

(v) use of alias emails is not permitted.

2.5 Our service offerings include the facilitating of a Database that allows for the Upload, storing, manipulation, combining, analysing and Download of certain Data as defined in, and subject to, these Terms.

2.6 You warrant and represent to us that you are at least 18 years of age and you are legally capable of entering into binding contracts. If you are under 18 years of age, you warrant and represent to us that you have obtained consent from your parent or guardian and they agree to be bound by these terms on your behalf.

2.7 In order to use certain features of the website, you must open an account with us and provide the required information to us (“Account”). You must ensure that the information you provide to us is adequate, complete and current. You may not have more than one (1) Account. It is your responsibility to protect your password. You agree to not disclose your password to any third party, and you are responsible for any activities or actions under your Account whether you have allowed such activities or actions. Any unauthorised use of your Account must be notified to us immediately.

2.8 Fair Use Policy. This section describes our fair use policy (the “Fair Use Policy”) with respect to the Data and Database. The Fair Use Policy has been created to prevent improper use of the services so we can offer all our customers an excellent user experience. Each account is to be used in accordance with the “Use Limitations” at paragraph 2.4, and you will ensure that you are in compliance. We evaluate the scope of fair use by measuring the level of activity on your account compared to the typical level of activity across the universe of accounts. When we detect out of the ordinary levels of usage in your account, we’ll contact you to discuss the situation and potential alternatives. If usage does not come into compliance with our policy, we reserve the right to limit your account, suspend or terminate your access to the Database, or charge you for additional amounts.

3.1 Subject to any limitations imposed by Australian law, your use of our website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain our site. However, we make no representations or warranties as to the safety of your individual use of our website.

3.2 All digital content available on https://www.geonadir.com/ including, without limitation, the Database and Data is protected by Australian and international intellectual and other laws and treaties.

3.3 We retain ownership of the Database and grant you a limited, non-exclusive, non-transferrable, and non-sublicensable license to use the Database as expressly set out in these terms.

3.4 You acknowledge that we manage and maintain the Database including the Processed Data and that in order to access, view, Upload or Download any Data, including Data you own, you must comply with the terms of the Database including holding an account and paying all applicable fees as set out on our website.

4.1 You are responsible for securing your user credentials created with us from theft or any other unauthorised use of your account or this website.

4.2 We do not store any whole credit card numbers or payment information, which are processed through third party processors such as Airwallex, Stripe, or Xero.

4.3 By using third party payment processors to pay for a subscription to our Database, you indemnify us and assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.

5.1 We communicate with you electronically. While we take all commercially reasonable steps and measures to identify and eliminate common viruses associated with electronic communication, electronically transmitted information cannot be guaranteed to be secure, virus free or error free. We will not be liable to you in respect of any error, omission or loss of confidentiality arising from or in connection with the electronic communication of information to you.

5.2 We make reasonable efforts to provide you with updated and reliable technology, software and platforms from which to access our website, Database and Data. However, in the event of a technological failure concerning our website, the Database or Data, you agree not to hold us liable for any loss, damage, or inconvenience suffered by you.

5.3 Our website may use affiliate links to sell or to facilitate the sale products or services. We disclaim any and all liability as a result of your purchase through any of these third-party services. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of selecting any affiliate links contained on this website or related communications.

5.4 In respect of any links to websites not controlled by us, we take no responsibility for the accuracy or currency of the information on those sites. We do not endorse any information, goods or services referred to within those sites, and our provision of these links should not be taken as an endorsement.

6.1 We each acknowledge that we may be provided with information which is not in the public domain by the other party (“Confidential Information”).

6.2 Neither of us will use, disclose or copy Confidential Information in any form or in any manner except for the purpose of and to the extent necessary to interact with this website under these terms. We each will use our best endeavours, including keeping such information in a safe place and implementing adequate security measures, to ensure that all Confidential Information is secure from unauthorised access, use, disclosure or copying by third parties.

6.3 The obligations in this clause do not apply if we have agreed in writing to the specific disclosure, use or copying of Confidential Information, or to the extent that the disclosure of specific Confidential Information is required to comply with any applicable law. We each agree to immediately notify the other party on becoming aware of any breach of the obligations in this clause or any other unauthorised access, use, disclosure or copying by any third party. We each agree to immediately notify the other party on becoming lawfully obliged to disclose any Confidential Information to a third party and we each will comply with our lawful directions in relation to the disclosure.

7.1 We may suspend, temporarily or permanently cancel, or terminate your account, and/or your access and/or use to all or part of the website including the Database and/or your Licence to any Data that you have licensed from us, subject to the notice and cure provisions set out in clauses 7.1 (a) – (e). No such action on our part will affect any of our rights or your responsibilities under these terms.

(a) Immediate suspension (no notice): We may immediately suspend your access without notice if we reasonably believe you are in material breach of these Terms, including but not limited to:

A "material breach" is one that, in our reasonable judgment, cannot be cured by simple remedial action and significantly impacts your use rights or the platform's operation.

(b) Termination with notice: For termination for other reasons (business decisions, non-payment, or termination for convenience), we will provide 30 days written notice.

(c) Your right to cure: Upon suspension for material breach, you have 7 days to cure the breach before termination takes effect.

(d) IP address blocking: We may block your IP address from accessing the GeoNadir platform only in cases of repeated fraud, hacking, or unauthorised access attempts. Routine suspensions do not result in IP blocking.

(e) Dispute resolution: If you believe a suspension was made in error or without reasonable basis, you may appeal by emailing [email protected] within 7 days of suspension. We will review your appeal and either reinstate your access within 48 hours if the suspension was made in error, or provide written explanation of why the suspension will remain in effect.

7.2 In the event of termination by us, you must immediately:

(a) cease using any Data you have Downloaded (except User Data that you originally uploaded and Outputs generated from your User Data);

(b) delete or destroy any copies of Data you have Downloaded (except User Data that you originally uploaded and Outputs generated from your User Data); and,

(c) if requested, confirm to us in writing within 7 days that you have complied with these requirements.

7.3 You may terminate your access and/or licence to the Database and/or Data. In order to do this, please send an email to [email protected] to start this process.

7.4 Subject to clause 7.7 below, if you terminate your account:

(a) any Projects, including Outputs, you have created will be deleted and irrecoverable from our servers;

(b) you may request a copy of your User Data and Processed Data before termination (see clause 7.7);

(c) Thirty (30) days after account termination, we will delete any remaining copies of your User Data. Processed Data, and Outputs unless otherwise required by law.

7.5 Termination by you will not excuse you of any outstanding payments which will fall due immediately upon termination.

7.6 Your termination of your access and/or license to our website and/or Data and/or Database will immediately terminate any licence you have to our Database and Data which you must immediately cease using and destroy, save for any Data that you have Uploaded to the Database, and your own User Data and Outputs. You agree to respond to any request we may make seeking confirmation from you that you have ceased using and have destroyed any Data you have Downloaded.

7.7 Upon termination by either you or us, upon your written request prior to your subscription ending, we will provide you with a copy of any Data that you have Uploaded to the Database within thirty (30) days of your request. You agree that we are entitled to use and retain the Derived Data that we have subsequently manipulated and/or aggregated and/or merged and/or otherwise amended from the Public Data you have uploaded.

8.1 While we do our best to keep our website up to date and error free, mistakes can occur. We make no warranty regarding accuracy, timeliness, truthfulness, completeness of reliability of any content obtained through the website (including the Data and Database) and do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on this website. If you have acted in reliance on a mistake on this website, we are not obliged to honour the mistake.

9.1 You must not transfer, charge, assign or otherwise seek to deal with your rights or obligations under this agreement without our prior written consent.

10.1 These Terms shall be governed and interpreted by the laws of Queensland, Australia. Any dispute arising from the Terms, or a breach of the Terms, will be subject to the exclusive jurisdiction of the Courts of Queensland, Australia.

10.2 Any problem, issue or dispute with us should be raised directly with us in the first instance. If we cannot find a resolution to a problem, issue or dispute by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through mediation before filing any originating process in Court.

11.1 We are committed to protecting your personal information. Please refer to our Privacy Policy which describes how we collect and manage your personal information. By agreeing to and accepting these terms, you also agree to and accept the terms of our Privacy Policy.

12.1 If any part of these terms is held to be illegal, invalid or unenforceable by a court of law, the legality, validity and enforceability of the remaining parts will not be affected.

13.1 Any failure or delay by us to enforce any provision of these terms will not be interpreted as a waiver of our rights or remedies.

14.1 Any provision which expressly or by implication from its nature is intended to survive the expiration or termination of these terms shall survive. Without limitation, this includes all clauses expressly allocating or limiting liability and all indemnities.

15.1 These terms are the entire agreement between the parties with respect to the rights granted here over the Database. It replaces any earlier understandings, agreements or representations with respect to the Database.

16.1 Subject to any liability that may not be excluded or limited by law or which is specifically set out in either the Upload Terms or the Download Terms, we are not liable for, and expressly exclude, all liability for loss or damage however and whenever caused to anyone by any use of the website and/or Database and/or Data under these Terms, whether by You or by anyone else, and whether caused by any fault on the part of us or not.

16.2 This exclusion of liability includes, but is not limited to, any indirect, special, incidental, consequential, punitive, damages or costs, exemplary damages such as loss of profit or revenue, data, goodwill, anticipated profits, business interruption and lost business arising from or in relation to your use of this website, our services, the Database or Data. This exclusion applies even if we have been advised of the possibility of such damages.

16.3 To the extent allowed by law, our liability to you for loss or damage arising from or in relation to the provision of our services, the Database, the Data, your use of the Database or Data, whether arising from breach of contract, tort (including negligence) or otherwise, is limited to the total fees payable by you for our services, the Database or the Data.

16.4 If liability may not be excluded by law, it is limited to actual and direct financial loss to the extent it is caused by proved negligence on the part of the Licensor.

16.5 Timelines, time estimates or delivery times are estimates only and we shall not be liable for any delay in performing, or any failure to perform, any of our obligations.

17.1 You agree to indemnify and hold us harmless, our affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable solicitor’s fees) arising out of or relating to your (or anyone acting on your behalf, including, without limitation, service providers):

(a) material breach of this Agreement; and

(b) use of the Data and/or Database in violation of applicable law; or

(c) user's use of Data and/or Database in violation of third-party intellectual property rights, provided that User's indemnity applies only to claims arising from User Data that User knew or should have known infringed third-party rights at the time of Upload.

17.2 Our website, Data and Database are provided for educational and informational use only. You agree to indemnify and hold us harmless as a result of your use of our website, Data or Database for any direct loss or conduct incurred as a result of your use of our website, Data or Database and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

17.3 Your liability to indemnify us under this clause 16 will be reduced proportionately to the extent that any act or omission on our part caused or contributed to the relevant claim, liability, damages, judgements, awards, losses, costs expenses or fees.

1. These Upload Terms are subject to our General Terms.

2. In the event that you Upload any User Data onto the Database, you do so on the basis that the Data that you Upload:

(a) is owned by you or that you are otherwise authorised to Upload that Data onto the Database;

(b) does not contain any virus or other disabling or damaging features which interferes or may interfere with the operation of the website or the Database;

(c) does not overload, mine, scrape, spam or flood the website or the Database;

(d) does not infringe any Intellectual Property Rights of any third party nor give rise to any liability to make royalty or other payments to any third party;

(e) was not captured illegally, immorally or otherwise improperly;

(f) does not contain any illegal, immoral, corrupt, pornographic, incriminating, defamatory, offensive, false or misleading or otherwise damaging content.

3. You will not use the website or Database in a manner that could damage, disable or impair the website, Database or other Data on the Database.

4. You must not attempt to gain unlawful or unauthorised access to the website, Database, other resource material, computer systems or networks connected to any server associated with the website or database through hacking, password mining or any other improper or illegal means.

5. Each time You choose to Upload Your User Data, You will be permitted to categorise that User Data as:

(a) “Private User Data”: This User Data is only accessible to you, and whoever you give permission to via sharing tools available in the Database. This User Data will not be visible on the Global Repository. Only Paid subscribers have this option.

(b) “Public User Data”: This User Data is accessible for all users on the Global Repository. Users on a free account are limited to only this option, whilst paid subscribers have this option as well.

6. The categorisation of User Data must be properly completed by You and can be changed at any time by You using the functionality on the website. Any User Data which is not categorised, or not properly categorised, will be deemed to be Public User Data.

7. The parties acknowledge and agree that:

(a) You own the Intellectual Property Rights in Your User Data and Processed Data and that no right, title or interest in those Intellectual Property Rights is transferred or granted to Us other than as expressly provided in these Terms;

(b) We own the Intellectual Property Rights in the website and the GeoNadir created Derived Data, including all coding and algorithms immediately on creation and at all times and that no right, title or interest in those Intellectual Property Rights is transferred or granted to the User other than as expressly provided in these Terms;

(c) Your User Data is provided “as is” and you do not guarantee its fitness for any particular purpose or that it will meet any specific business or other need.

8. Licensing of User Data and Processed Data

8.1 Data classification. Your rights and our usage rights differ based on whether you classify your User Data as “Public” or “Private”.

8.2 How we use your data.

(a) We use pre-trained foundation models (open-source and licensed third-party models) via inference to process your Data and generate Outputs. This is a non-learning process that does not update model weights. We will never, without your express written permission:

We may use Public Data for model training, fine-tuning, labelling, and model development. Any models created by GeoNadir from Public Data are classified as GeoNadir created Derived Data and are owned by GeoNadir and may be used, licensed, or commercialised without further obligation to you.

(b) We may adjust algorithm parameters, thresholds, and configuration settings to optimise performance on your specific data type. These adjustments may be applied globally to benefit all users and are not model training.

8.3 Data use by classification

(a) If you mark data as Public, you consent to these uses. If you prefer otherwise, mark your data as Private. For Public Data you grant us and all Users permission to use the data under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence. This means:

(b) If you mark your data as Private Data, you grant us permission to:

Private Data will not be used to:

All Outputs from Private Data are your confidential information.

(d) If you reclassify Data from “Public” to “Private”, all uses, permissions, and rights granted whilst it was Public Data under paragraph 8.3(a) remain in effect and cannot be revoked. The reclassification applies only to future uses of the Data. Downstream users who have already obtained copies under CC BY 4.0 may continue to use them under CC BY 4.0 terms.

(e) Usage data

We collect usage data (views, interactions, performance metrics, feature use statistics, error logs) to improve the service.

(f) Prohibited uses

For all Data, we will not:

(g) Upon account termination:

9. Notwithstanding clause 8 above, we will not publish or otherwise disclose to the public any User Data which you have properly categorised as Private Data using the functionality of the website.

10. Moral rights and guidance

(a) You and your personnel shall retain your moral rights over your User Data as defined in these Terms.

(b) Where we provide you with guidance, suggestions, or recommendations on data capture methods, parameters, or techniques (including but not limited to drone flight parameters, altitude, overlap, timing, or equipment settings), you acknowledge that:

GeoNadir shall not be liable for losses, damages, or adverse consequences arising from your reliance on our capture guidance, except in cases of our gross negligence or wilful misconduct.

(c) Where we provide you with guidance, suggestions, recommendations, or interpretations regarding the analysis, processing, or use of your Data, Processed Data, and Outputs you acknowledge that:

GeoNadir shall not be liable for losses, damages, or adverse consequences arising from your reliance on our analysis guidance and Outputs, except in cases of our gross negligence or wilful misconduct.

(d) We reserve the right to:

11. In the event that you request a copy of the User Data that you Uploaded, this will be provided to you within 30 days of your request.

1. These Download Terms are subject to our General Terms.

2. The rights granted are expressly made subject to your complying with the following conditions of use. These are important conditions of this agreement and if you fail to follow them, you will be in material breach of its terms.

3. In respect of any Data that you Download, except for any User Data that you originally Uploaded onto the Database, we grant you a limited, non-exclusive, non-transferrable, terminable and non-sublicensable license to use the Database and Data for personal, educational, research, and commercial purposes, and subject to your subscription level as set out on Our website.

4. In respect of any Processed Data that you Download, and subject to your subscription level, we grant you a limited, non-exclusive, non-transferrable, terminable and non-sublicensable license to use the Database for personal, educational, research, and commercial purposes.

5. We reserve the right to limit the amount of Data or Processed Data that you may Download in a particular sitting, time frame or otherwise.

6. To the extent permitted by law:

(a) We exclude all warranties of any kind, whether express or implied, in respect of our services, including the Data and Database or any part of them;

(b) We specifically disclaim any and all conditions of title, accuracy or completeness, the presence or absence of errors, fitness for a particular purpose, merchantability, or exclusion may not apply to you;

(c) You agree that the Data and Database are provided “as is” and we provide no guarantee to you as to fitness for a particular purpose, acceptability of use, or relevance to your business, save for the Data or Database being consistent with any sample we have provided to you.

(d) We do not guarantee continuous, uninterrupted or secure access to the Database and You acknowledge that operation of the Database may be interfered with by numerous factors outside Our control including without limitation operator error, provision of incorrect User Data, power failures, malicious interference, any downtime or interferences of the network provider or any other third party provider or contractor or other lack of coverage of the network;

(e) We make no representations or warranties of any kind that:

7. Our liability in respect of such warranties is limited to, in our discretion, the resupply of our services, the Data or access to the Database, or the payment of having the services supplied again.

8. You agree to indemnify us against all loss, actions, claims, demands, costs, charges and expenses arising from:

9. Except to the extent that it involves your User Data, we agree to indemnify and hold you harmless, including your affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable solicitor’s fees) arising out of or relating to (or anyone acting on your behalf, including, without limitation, service providers) your use of the Data and/or Database in violation of third party rights.

(a) You must notify us in writing within thirty (30) days of becoming aware of any claim, demand, or allegation of third-party intellectual property infringement. Failure to notify us within this timeframe will reduce our indemnity obligation proportionately to the extent we are prejudiced by the delay.

(b) Provided we act prudently and efficiently, we shall have the right, at our sole discretion and expense, to assume the defense of any claim subject to indemnification under this clause, including the right to select counsel and to settle the claim. You agree to cooperate fully with us in the defense of any claim, including providing reasonable access to relevant documents, witnesses, and information. You may not settle any claim without our prior written consent, which shall not be unreasonably withheld or delayed.

(c) Your right to indemnification under this clause is conditioned upon you:

(d) We shall have no obligation to indemnify you to the extent any claim arises from:

10. Our liability to indemnify you under clause 9 above is limited to claims arising from GeoNadir’s negligent acts or omissions. The indemnity shall be reduced proportionately to the extent that any act or omission on your part caused or contributed to the relevant claim. Where the claims arise from causes other than GeoNadir’s negligent acts of omissions, GeoNadir shall have no obligation to indemnify you under this clause.

11. Subject to clause 12 below, each party’s liability to the other party, or under an indemnity under these terms and conditions, shall not exceed the lesser of:

(a) the last 24 months of fees you have paid to GeoNadir prior to the liability arising, or if you are no longer a GeoNadir client when the liability arises, the last 24 months of fees paid to GeoNadir prior to termination or expiry of your licence(s); or

(b) $500,000 AUD.

12. The limitation of liability set out in clause 11 shall not apply:

(a) to the indemnity in clause 9;

(b) damage to tangible property; or

(c) death or personal injury.

13. If you have agreed to a payment plan or any ongoing payment obligation, you authorise our continued access to your financial information stored by our third party financial processing company until your payment plan is complete or otherwise terminated.

14. You may only Download the Data to:

(a) a server owned and controlled by You; or

(b) a cloud storage service, cloud-based design app, or digital asset manager, account controlled by You, in each case for use of the Data by You only, as permitted under these Terms.

15. Except for the Data that you have originally Uploaded to the Database, nothing in these Terms grants you any of the following rights, and you agree not to do or cause any of the following:

(a) resale or sub-licensing the Data or Database or any modification or part of it;

(b) resale or sub-Licensing of the Data or Database or any modification of it in a way that is directly competitive with the original Data or Database.

(c) making public or sharing the Data or Database in any way that allows others to download, extract, or redistribute the Data or Database as a standalone file (meaning just the content file itself).

16. Any reference to the “download”, “purchase” or “sale” (or similar terms) of the Data or Database refers to the purchase of a limited license only and not the purchase of the underlying Intellectual Property Rights or work itself.

17. You agree not to use any Data that you Download for illegal, improper, or immoral means or use.