Terms & Conditions

These Terms apply to your access to and use of Terrabit’s websites, client portal, APIs, data products, and related services (collectively, the Services). By creating an account, clicking accept, or using the Services, you agree to these Terms. If you accept on behalf of an organisation, you represent that you have authority to bind that organisation; references to “you” include that organisation.

If you have an Order Form, Statement of Work, Master Services Agreement or other written contract with Terrabit (an Order), that agreement prevails to the extent of any conflict with these Terms. We may update these Terms; the updated version applies to new Orders and, for ongoing subscriptions, after notice.

1. [2.1]

   Deliverables

   Imagery, datasets, analytics, or reports we provide under an Order.
2. [2.2]

   Credits

   Pre-paid units or balances that can be redeemed for Services where applicable.
3. [2.3]

   EULA

   End-user licence terms that may apply to specific third-party imagery or data.
4. [2.4]

   Laws

   All applicable laws including the Australian Consumer Law (ACL), Privacy Act 1988 (Cth), Spam Act 2003 (Cth), export and sanctions controls, and any mandatory industry rules.

1. [3.1]

   Registration & responsibility

   You must provide accurate information and keep it up to date. You are responsible for all activity under your account and for maintaining the confidentiality of credentials. Use of the Services by your personnel and contractors is deemed your use.
2. [3.2]

   Security

   Enable multi-factor authentication where available, keep systems patched, and notify us without undue delay of any actual or suspected unauthorised access. You are responsible for your own backups of Customer Content unless an Order expressly includes backup/archival services.
3. [3.3]

   Access control

   We may rate-limit, throttle, or suspend access to protect the Services, other users, or to comply with Laws.

Orders set scope, pricing, billing cycles, any SLAs, acceptance criteria, and special terms. Quotes for new tasking are estimates; fulfilment depends on third-party satellites, weather/cloud cover, airspace restrictions, and other operational factors outside our control. Unless an Order states otherwise, delivery timelines are targets only and not guarantees.

4.1Inspection & acceptance

You must promptly inspect Deliverables and notify us of any material non-conformity within the period stated in the Order (or 7 days if not stated). Failure to notify constitutes deemed acceptance.

1. [5.1]

   Your licence to use Deliverables

   Subject to payment of fees and compliance with these Terms and any applicable EULA, Terrabit grants you a non-exclusive, non-transferable licence to use Deliverables for your internal business purposes. Any broader rights (e.g., redistribution, sublicensing, publication) require express written permission or a specific EULA.
2. [5.2]

   Third-party EULAs & attribution

   Deliverables may include third-party content (e.g., satellite imagery, basemaps, analytics). Those items are governed by the third-party EULA identified in the Order or delivery notes. You must comply with any attribution, usage-area, temporal or security restrictions.
3. [5.3]

   Prohibited uses

   Except where expressly permitted, you must not: (a) identify an individual or combine Deliverables with other data to identify an individual; (b) use Deliverables for unlawful surveillance or life-critical safety systems; (c) remove or alter proprietary notices; (d) attempt to derive source files where only processed outputs are licensed.
4. [5.4]

   Feedback & derivatives

   We may use suggestions you provide without obligation. You may create derivative works for your internal use consistent with the applicable EULA; we and our licensors retain all rights in the underlying content.

1. [6.1]

   Technical restrictions

   Do not bypass security, rate-limits, or access controls; do not reverse engineer; do not upload malware or interfere with the Services.
2. [6.2]

   Legal compliance

   Do not use the Services to infringe IP, violate privacy, or for unlawful, harmful or high-risk activities. You are solely responsible for the legality of your use cases and downstream outputs.

You are responsible for ensuring your use complies with all Laws, including export controls and sanctions. Certain imagery, technology or analytics may be subject to the Defence Trade Controls Act 2012 (Cth), the Defence and Strategic Goods List, foreign export controls, or sanctions administered by DFAT and other authorities. We may refuse, suspend, or cancel an Order to comply with these requirements.

1. [8.1]

   Pricing & invoices

   Fees and billing cycles are set out in your Order or invoice and are exclusive of taxes unless stated. You must pay all applicable taxes.
2. [8.2]

   Non-refundability

   Unless your Order states otherwise or required by mandatory law, fees and redeemed credits are non-refundable.
3. [8.3]

   Late payment

   Late amounts may attract interest or service suspension and you must reimburse reasonable collection costs.

The Services may rely on third-party products (e.g., hosting, email, analytics, monitoring) and open-source components. Your use is subject to those providers’ terms. We are not responsible for third-party services we do not control.

Our Privacy Policy explains how we handle personal information, including mandatory notifications under the Notifiable Data Breaches scheme where applicable. We implement administrative, technical and organisational measures designed to protect the Services; however, you are responsible for your own systems and for configuring the Services appropriately for your use cases.

Beta, preview or trial features are provided “as is”, may be modified or discontinued at any time, and are excluded from any SLA.

We strive for high availability but do not guarantee uninterrupted operation. Planned maintenance and emergency work may occur. We will use reasonable efforts to notify you of material changes.

Except for any guarantees, warranties or remedies that cannot be excluded under the Australian Consumer Law, the Services and Deliverables are provided “as is” and “as available”, without warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. If you are a Consumer under the ACL, you have non-excludable rights and, where we fail to comply with a consumer guarantee, you are entitled to the remedies provided by the ACL.

1. [14.1]

   Your indemnity to us

   You will indemnify and hold harmless Terrabit and our personnel against any claims, losses, and costs arising out of (a) your Content or use of Deliverables; (b) your breach of Laws or third-party EULAs; (c) alleged misuse of the Services by your users; and (d) claims between you and your customers.
2. [14.2]

   Our IP indemnity (carve-outs apply)

   If a third party claims that our Service (as provided by us) infringes their IP, we will defend the claim and pay damages finally awarded or approved in settlement, provided you promptly notify us and cooperate. We have no obligation to the extent the claim arises from your modifications, combinations, or use contrary to these Terms, or from third-party components. As our sole obligation, we may procure rights, modify the Service, or refund unused prepaid fees for the affected portion and terminate that portion.

1. [15.1]

   Exclusions

   Neither party is liable for indirect, incidental, special, consequential or punitive damages, or loss of profits, revenues, goodwill, data, or business interruption, to the extent permitted by law.
2. [15.2]

   Cap

   Each party’s aggregate liability arising out of or related to the Services is limited to the fees paid by you to Terrabit for the Services giving rise to the claim in the 12 months before the event. This cap does not apply to your payment obligations, your indemnity obligations, or liability that cannot be limited under the ACL.
3. [15.3]

   Assumption of risk

   You are responsible for selecting the appropriate imagery, acquisition parameters and analysis for your use case and for validating outputs before relying on them.

We may suspend or terminate access for material breach, unlawful activity, non-payment, or to protect the security or integrity of the Services. Either party may terminate as permitted in an Order or by law. Upon termination, your licence to the Services ends and you must cease use of Deliverables not licensed for continued post-termination use.

1. [17.1]

   Force majeure

   Neither party is liable for delays or failures due to causes beyond reasonable control.
2. [17.2]

   Assignment

   You may not assign these Terms without our consent; we may assign to an affiliate or in connection with a corporate transaction.
3. [17.3]

   Confidentiality

   Each party will protect the other’s confidential information with reasonable care and use it only to perform under these Terms.
4. [17.4]

   Publicity

   We may use your name and logo to identify you as a customer unless you opt out in writing.
5. [17.5]

   Order of precedence

   If there is a conflict, an executed Order prevails, then these Terms, then any online policies.

These Terms are governed by the laws of Queensland, Australia. The courts of Queensland have exclusive jurisdiction, except where applicable law provides otherwise.

Terrabit Pty Ltd · 1800 183 772 · [email protected]