Sarkoa Terms and Conditions

These Terms and Conditions (“Terms”) govern access to and use of Sarkoa’s services, including the web application, APIs, hosted map experiences, and related tools (collectively, the “Services”). Sarkoa offers free and paid tiers. By creating an account, using the Services, or accepting these Terms through an order form or similar agreement, you agree to be bound by these Terms.

1) Who we are

The Services are provided by Sarkoa Analytics Inc. (“Sarkoa”, “we”, “us”, “our”), a Canadian business registered at 527B Broadhead Ave, Ottawa ON, Canada. Contact: support@sarkoa.com.

2) Scope of services

Sarkoa provides a hosted geospatial platform that may include:

• Uploading and organizing geospatial and related files
• Processing and optimization workflows
• Visualization and map rendering
• Sharing and collaboration features
• API-based access and integrations
• Usage, billing, and account management features

We may add, remove, or change features at any time, including beta or preview features, to improve security, reliability, and product direction.

3) Eligibility and accounts

You must be legally able to enter into a binding agreement and comply with applicable laws. You are responsible for:

• Keeping account credentials and access methods secure
• Limiting account access to authorized persons
• All activity under your account, organization, and credentials
• Promptly notifying us of suspected unauthorized use or security incidents

We may require identity, organization, or payment verification where needed for fraud prevention, legal compliance, or risk management.

4) Organization and administrator responsibilities

If you create or administer an organization account, you represent that you are authorized to act on behalf of that organization. Organization administrators are responsible for member management, role assignment, and authorization decisions within their organization.

5) Customer data and content

“Customer Data” means files, datasets, map configurations, metadata, and other content submitted to the Services by or for you.

You retain your rights in Customer Data. You grant Sarkoa a worldwide, non-exclusive, royalty-free licence to host, copy, transform, transmit, display, and otherwise process Customer Data only as necessary to:

• Operate and secure the Services
• Provide requested functionality (including optimization, rendering, sharing, and API responses)
• Prevent abuse and enforce these Terms
• Comply with legal obligations

You represent and warrant that:

• You have all rights and permissions required to submit and process Customer Data
• Your use of the Services and Customer Data complies with applicable law
• You will not submit content that infringes third-party rights

6) Geospatial and sensitive data responsibilities

You are solely responsible for determining whether data you upload includes personal, confidential, export-controlled, regulated, or otherwise sensitive information, including sensitive location data. You must implement any notices, consents, minimization, retention, and access controls required by law or contract for your use case.

Unless explicitly agreed in writing, the Services are not designed for life-safety, mission-critical emergency response, or other high-risk uses where errors, delays, or downtime could cause death, personal injury, or severe property or environmental damage.

7) Acceptable use and security restrictions

You must not, and must not allow others to:

• Scrape, harvest, or bulk-download geospatial outputs from the Services (including automated scraping, bulk tile downloading, systematic harvesting of tiles, metadata, or APIs) except through documented APIs and quotas we expressly permit
• Probe, scan, or test the vulnerability of the Services without our prior written authorization
• Interfere with or circumvent security, authentication, authorization, rate limits, quotas, or usage controls
• Access non-public endpoints, data, systems, or environments
• Use the Services to deliver malware, harmful code, or abusive traffic
• Reverse engineer the Services except to the extent non-waivable law permits
• Use the Services in violation of sanctions, export controls, or other applicable law

Sustained tile request volumes beyond the Fair Use Policy may be treated as abuse under this section.

We may monitor, throttle, suspend, or block activity reasonably believed to threaten security, integrity, availability, or lawful operation.

8) APIs, tokens, and share links

API keys, tokens, signed URLs, and share links are credentials. You are responsible for their secure handling, rotation, and revocation. Any party presenting valid credentials may be treated as authorized by you unless and until you revoke access through available controls.

9) Beta services

Parts of the Services may be labelled or operated as beta, preview, early access, or similar. Beta Services are provided for testing and evaluation only, may be unstable or incomplete, and may change or end without notice.

To the maximum extent permitted by law, Beta Services are provided without warranties of any kind. We are not liable for data loss, bugs, downtime, or incorrect outputs during the beta phase. You should retain your own backups of Customer Data you care about.

10) Service levels, changes, and support

Unless otherwise set out in a separate written agreement, the Services are provided on an “as available” basis with no guaranteed uptime, response time, processing speed, or support level.

Maintenance, upgrades, migrations, and security controls may change the operation, behavior, or availability of features. We may apply emergency changes without advance notice when needed to protect users, infrastructure, or data.

11) Fees, billing, taxes, and displayed prices

Paid features may require a subscription or usage-based charges. Fees for Canadian customers are stated in Canadian dollars (CAD) unless we clearly specify otherwise at checkout or in an order. Where we show US dollar (USD) reference prices (for example on marketing pages), they are for convenience only; billing may still occur in CAD as shown in the product or invoice.

Taxes: You are responsible for any GST, HST, QST, PST, and other sales, use, or value-added taxes applicable to your subscription or use, based on your province or territory of residence or supply (as determined under applicable law). We may collect and remit such taxes where required.

Displayed prices: Unless we state otherwise at the point of purchase, listed prices for paid plans do not include applicable taxes (consistent with Canada’s Competition Act expectations around drip pricing and transparency). Taxes are calculated and shown before you complete payment where we collect them.

If payment fails or no valid payment method is available for billable usage, we may restrict paid features, suspend relevant functionality, or downgrade access until amounts due are paid.

Fair use of tile requests

Paid plans marketed as including “unlimited” tile requests are intended for normal product, embed, and API use at the scale typical of the subscribed tier. Sarkoa monitors tile request volume per organization. Unlimited means no tile overage charges for ordinary use; it does not obligate Sarkoa to provide unlimited capacity regardless of cost or risk. Sarkoa reserves the right, in its sole discretion, to apply a graduated response to excessive, abusive, or plan-inconsistent usage, including notice, throttling or rate-limiting tile delivery, and suspension or disablement of streaming or related Services when abuse, scraping, denial-of-service patterns, or unresolved sustained excess threaten platform stability, security, or other customers. Where practicable, we will provide reasonable notice before applying restrictions and offer an opportunity to discuss a custom arrangement suited to higher sustained volume. Indicative fair-use guidelines for self-serve paid plans are published in our Fair Use Policy. A separate written agreement may supersede these guidelines.

12) Third-party services

The Services may rely on third-party providers for identity, payment, storage, networking, mapping, communications, and related functions. We are not responsible for third-party products or services, and your use of them may be subject to separate terms.

13) Intellectual property

Except for your rights in Customer Data, Sarkoa and its licensors retain all rights, title, and interest in and to the Services, software, documentation, and related intellectual property.

No rights are granted except as expressly stated in these Terms.

14) Maps, basemaps, and attribution

Where the Services display third-party map data or basemaps, you must not remove, obscure, or falsify required copyright notices, attribution, or licence links shown in the product. You must comply with the applicable tile-use policies and licence terms of those providers.

15) Feedback

If you provide suggestions, ideas, or feedback, you grant Sarkoa a worldwide, perpetual, irrevocable, royalty-free licence to use, modify, and incorporate that feedback without restriction or compensation.

16) Privacy and cross-border processing

Our handling of personal information is described in our Privacy Notice.

Canada (PIPEDA and similar): Customer Data and personal information may be stored or processed outside Canada, including in the United States and other jurisdictions where our service providers operate. In those cases, information may be accessible to courts, law enforcement, or national security authorities under the laws of those jurisdictions. We use contractual and organizational measures appropriate to the nature of the Services.

17) Suspension, termination, and data retention

We may suspend or terminate access, in whole or in part, if:

• You materially breach these Terms
• We reasonably suspect fraud, abuse, or security risk
• Required by law, court order, or regulator
• Required to protect the Services, users, or third parties

You may stop using the Services at any time. Upon termination, rights granted to you under these Terms end, except provisions that by their nature survive (listed in Section 24).

Free tier / inactivity: If you use a free or no-charge tier, we may delete Customer Data associated with your account after ninety (90) consecutive days of inactivity (no successful sign-in and no billable usage we associate with your account), after reasonable notice by email or in-product message where practicable. You are responsible for exporting data you need before that period. Paid customers are governed by the retention terms applicable to their plan and our Privacy Notice unless we notify you otherwise.

18) Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES OR OUTPUTS WILL BE ACCURATE, ERROR-FREE, OR UNINTERRUPTED.

Geospatial outputs may vary by source data quality, projection, processing assumptions, scale, and client rendering context.

19) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• SARKOA WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY.
• During the beta / early-access period, SARKOA’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) FEES YOU PAID TO SARKOA IN THE THIRTY (30) DAYS BEFORE THE CLAIM AROSE, AND (B) FIFTY CANADIAN DOLLARS (CAD $50.00). When we exit beta for generally available production services, we may publish an updated liability framework; until then, this cap applies.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

20) Indemnification

You will defend, indemnify, and hold harmless Sarkoa, its affiliates, and their personnel from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your Customer Data
• Your use of the Services
• Your breach of these Terms
• Your violation of law or third-party rights

21) Modifications to terms

We may update these Terms from time to time. Updated Terms will be effective when posted (or on a stated effective date). Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

If a change materially reduces your rights, we will use reasonable efforts to provide notice through the Services or by other reasonable means.

22) Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules that would apply another jurisdiction’s law.

Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the courts located in Ottawa, Ontario, Canada, unless applicable law requires otherwise or both parties agree in writing to another forum.

23) Language (Québec)

The parties confirm that it is their express wish that these Terms and all related documents be drawn up in English.

Les parties confirment leur volonté expresse que la présente convention et tous les documents s’y rattachant soient rédigés en anglais.

24) General terms

• Entire agreement: These Terms, together with any incorporated policies and written order terms, form the entire agreement regarding the Services.
• Order of precedence: If there is a conflict between these Terms and a signed order form or enterprise agreement, the signed agreement controls for that conflict.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• No waiver: Failure to enforce any provision is not a waiver.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with merger, reorganization, or sale of assets.
• Force majeure: Neither party is liable for delays or failures caused by events beyond reasonable control.

25) Survival

Provisions regarding intellectual property, licences to Customer Data (to the extent necessary to operate the Services after termination), disclaimers, limitation of liability, indemnification, and dispute resolution survive termination or expiration of these Terms, together with any other provisions that by their nature should survive.

26) Contact

Questions about these Terms: support@sarkoa.com