LiquidEarth - Terms and Conditions
The following Terms of Service define the legal framework for the use of the Terranigma Website (terranigma-solutions.com), the LiquidEarth App, and the other services we provide to our users.
Please read these Terms of Service carefully.
1.1 Contract partners and contract subject matter. These Terms of Service provide the basis for the user agreement resulting between You and us, Terranigma Solutions GmbH, Laurentiusstrasse 59, 52072 Aachen, Germany (hereinafter referred to as "Us" or "We"). The contract subject matter is the use, free of charge, of the services offered by Us on the website terranigma-solutions.com (the “Terranigma Website”) or via the Terranigma mobile applications (the “LiquidEarth App”) and, fee-based, the usage of Our LiquidEarth-Premium-Services (the “LiquidEarth-Premium-Services”) as well as other services that may be referenced in these Terms of Service (together the "Terranigma Services").
1.2. Business-to-business. We direct our offer exclusively to companies and persons who act commercially or professionally. This contract is therefore concluded either with the company for which our Terranigma Services are used or with the person acting commercially or professionally (hereinafter referred to as "You").
1.3 Additional terms and conditions. We reserve the right to make certain Terranigma Services subject to additional terms and conditions. We will notify You before using such additional terms and conditions.
2. The Terranigma Services
The Terranigma Services We provide involve the following:
2.1 LiquidEarth App. You can download, install and use the LiquidEarth App for free. However, only limited functions are available as part of the free use. To use the LiquidEarth-Premium-Services through the LiquidEarth App you need to register for the fee-based LiquidEarth-Premium-License.
When downloading and using the LiquidEarth App, especially in third-party networks or abroad, You may incur transmission charges from Your Internet service provider.
2.2 Terranigma Website. We also offer You the Terranigma Website, which provides information about the topics of geo-modelling and about our Terranigma Services. Some of the other Terranigma Services can also be used on the Terranigma Website. On our Terranigma Website you may also register e.g. for the LiquidEarth Premium License and manage your account with us. Where applicable, the terms and conditions for using the various Terranigma Services also apply to their use on the Terranigma Website.
2.3. LiquidEarth Free Services
After registration, a limited subset of the LiquidEarth Services can be used without acquisition and activation of a license.
The main functionality of our LiquidEarth-Services is a 3D viewer to display data and allow 3D navigation in space and direct interaction with 3D data. The Viewer is provided through the LiquidEarth App. The free version allows to view and interact with demonstration models and spaces provided by Us.
Free Users are not able to create Spaces or add their own data to an existing Space. Changes to a demonstration model are not persistent and will not be saved between sessions.
2.4.1 Visualization and data provided by the user. The main functionality of our LiquidEarth-Premium-Service is a 3D viewer to display data and allow 3D navigation in space and direct interaction with 3D data. The Viewer is provided through the LiquidEarth App. You can create projects (in the LiquidEarth App they are called ”spaces”). Data can be added to a space in various formats (Textured Meshes, Volume data, Boreholes, etc.). Added data is uploaded to Our backend and stored so it can be accessed by You on any device. You can change the visualization parameters of data (for example color bars, show/hide data etc.). Spaces and individual datasets can be removed and deleted.
2.4.2 Collaboration. You can share a space with other LiquidEarth users to work collaboratively. Changes in a space are directly visible to all users with access to the space. A user can open a multiplayer session on a space that only other users with access to the space can join.
2.4.3 Localization of geographical/geological data. A coordinate reference system can be assigned to each dataset separately so that data from different geographical reference systems can be reprojected. Spaces can be anchored in the real world with Microsoft spatial anchors (augmented reality only). Spatial anchors are available to other users with access to the space.
2.4.4 Annotations and Analysis. You can add annotations (text, labels, images) to a space or individual dataset. Probes can be added in the same way to measure parameters of the data.
2.4.5 Geological modelling. You can create geological models directly in the LiquidEarth App. The models are constructed automatically by a service in the backend based on control points and parameters provided by You. Geological models are always associated to a space and can be shared in the same way with other users as data. Geological models can be exported and downloaded to the user devices.
2.5 Availability of Terranigma Services. We make every effort to ensure the trouble-free operation of the Terranigma Services and to make them available 24/7 to the extent possible. However, We would like to point out that full or uninterrupted availability is not technically feasible and We therefore do not guarantee trouble-free operation or any particular availability.
2.6 Changes to the Terranigma Services. We reserve the right to change our business model at any time, e.g., to provide certain Terranigma Services only in exchange for payment.
3. Conditions of Participation.
To open a user account and to use the Terranigma Services You must be at least 18 years old and have full legal capacity.
By entering into a user agreement with Us You represent that You have no other user account with Us and that Your user account has not been suspended or cancelled in the past due to violations of our Terms of Service. In such cases We will not enter into another or new user agreement with You. You also represent that all information provided by You during the registration process is true and complete.
LiquidEarth-Premium-Licenses can be acquired by both companies and individuals. The aforementioned stipulations apply accordingly, insofar as applicable.
4. User Account and Conclusion of Contracts
4.1 Use without user account. You may use the LiquidEarth App or the Terranigma Website without creating a user account. These Terms of Service also apply to this type of use, to the extent that they are applicable, and a corresponding user agreement is being concluded. However, the functionalities that You may use are limited. Regarding the LiquidEarth App the conclusion of the user agreement will depend on the rules of the app store provider. As a general rule, a user agreement will result as soon as You click on the install button in the app store and enter Your password or confirm installation with Your fingerprint or Face-ID. In order to use the LiquidEarth App, You will still need to register and conclude a contract regarding the LiquidEarth-Premium-Services.
4.3 Registration via the Terranigma Website. If You register on the Terranigma Website, a user agreement between You and Us will result after You have completed the registration process.
4.4 License key for LiquidEarth-Premium-Services. You can direct an inquiry regarding a LiquidEarth-Premium-License to Us by simply writing Us an e-mail to: firstname.lastname@example.org. The commercial terms for such a LiquidEarth-Premium-License are then to be negotiated between You and Us.
5. Rights and obligations of the user.
The Terranigma Services are offered exclusively to businesses or other commercial purposes.
You may not allow any third parties to use Your user account, and You are not permitted to
make accessible or transfer to any third parties access data transmitted or used for authentication or identification purposes;
circumvent any access control systems for paid services or take any other action to use services without authorization;
introduce into our IT systems any viruses, worms, Trojan horses, or other malware that may jeopardize or impair the functionality of the Terranigma Services;
transfer or assign any rights or obligations under Your contract with Us to any third parties.
When using the Terranigma Services You must also comply with the terms of contracts with any third parties, in particular contracts with the app store or Your Internet service provider.
To guarantee smooth communication with You, We ask that You include our email address in the list of trusted senders at Your email provider.
6. Terms and billing periods
6.1 User agreement for use of Terranigma Website. The user agreement between You and Us with regard to the use of the Terranigma Website is concluded when You start using this Terranigma Services or open a user account. This user agreement will be valid for an indefinite time period. It will end when You stop using the Terranigma Website.
6.2 User agreement for use of LiquidEarth App. You can download and use the LiquidEarth app. At this moment a user agreement with Us comes into effect. If you create an additional account, this user agreement changes insofar as additional functions are then available to You. This user agreement will be valid for an indefinite time period. It will end when You delete the LiquidEarth App and terminate Your user account. If you are using the LiquidEarth App as an unregistered user You may simply stop using the LiquidEarth App.
6.3 LiquidEarth-Premium-License. We offer different terms for our LiquidEarth-Premium-License. Not all term options are available in every country. The term options displayed to You will be applicable in each case. If no explicit terms are shown to You, the contract is concluded for an indefinite period of time. If You conclude the LiquidEarth-Premium-License through a negotiation process with Us, the negotiated terms and billing periods do apply. Our LiquidEarth-Premium-License is not a so-called in-app purchase.
6.4 Billing period. For paid services (such as the LiquidEarth-Premium-License), You pay in advance for the defined billing period. The billing periods that are displayed on the Terranigma Website apply when You book the paid service. If no other billing period is displayed, You will be billed monthly on the due date on which You started Your participation in the paid service. If You negotiated the terms of the LiquidEarth-Premium-License the negotiated billing periods do apply.
7.1 LiquidEarth-Premium-License. You may terminate Your LiquidEarth-Premium-License at any time for any or no reason, effective as of the end of the current billing period. To do so, You can simply write Us an e-mail or, if applicable, in Your personal user account on the Terranigma Website.
Please note that deleting the LiquidEarth App will not terminate Your LiquidEarth-Premium-License.
If You no longer have a LiquidEarth-Premium-License, Your user account will remain in place unless and until You also cancel Your account.
We may terminate Your LiquidEarth-Premium-License at the end of the current billing period, on two week's prior written notice by email.
7.2 User account. You may terminate and delete Your user account at any time for any or no reason, in which case the corresponding user agreement will terminate automatically. You can simply write Us an e-mail or, if applicable, terminate Your personal user account on the Terranigma Website.
7.3 Termination for good cause. Irrespective of the aforementioned provisions, the right to terminate the contracts for good cause shall remain unaffected for both parties. In particular, We are entitled to terminate the user agreement or Your LiquidEarth-Premium-License and to delete Your user account with immediate effect, if You seriously or repeatedly violate the provisions of the user agreement and/or these Terms of Service or fail to make any payment when due despite a past due notice.
8. Prices and Payment Terms
8.1. Prices. Applicable prices are either displayed in the LiquidEarth App or on the Terranigma Website during the registration process or are being negotiated between You and Us during the onboarding process.
8.2 Collection of payments. Payments will be collected in advance for the current billing period.
8.3 Payment methods. You can either use bank transfer or payment by credit card and any other payment option that is offered to You on the Terranigma Website. If You negotiated the terms of Your LiquidEarth-Premium-License the payment method is also part of the negotiation.
We reserve the right not to offer certain payment methods and to refer You to other payment methods if there is a valid reason for doing so.
8.4. Default. We reserve the right to assert any additional claims that may arise in the event of non-payment.
9. Intellectual Property and its use
9.1 Your Data. You warrant, represent and guarantee to us that (i) you have all rights in Your data necessary to grant to us and allow us the needed rights to use as stipulated in these Terms of Service; and (ii) none of Your data infringes these Terms of Service, any applicable law or any third party's intellectual property or other rights.
9.2 No other Rights. These Cloud Service Terms of Service do not transfer any right, title or interest in any Intellectual Property to any party except as expressly set out in these Terms of Service.
9.3 Right to use. You and the users you set up are granted the non-exclusive right to access the software functionalities specified in the applicable service description as a service via the Internet. The right is limited to the agreed period of use or the applicable term of the contract. You do not receive any rights beyond this. You are not entitled to use or make use of the Terranigma Services beyond the use permitted under these Terms of Service or to have this done by third parties or to make the service or the underlying software accessible to third parties. You are not permitted to reproduce or sell any software or parts thereof. You are not granted a license to the underlying software itself under these Terms of Service, except insofar as its necessary to use the Terranigma Services.
9.4 End of license. Licensed rights will in each case terminate if Your account is no longer activated or after the license term has ended. In the event of any violation of these provisions, We shall have the right to terminate the contract for good cause without notice.
9.6 Content uploaded by users. To ensure that the Terranigma Services can be used without limitation at all times, we need to be able to use content uploaded by users at any time, at any place, and without limitation. You therefore hereby license to Us the non-exclusive right, throughout the world, in perpetuity, and without limitation, to use any protected content uploaded by You. We shall have the right to sublicense this right, which shall include, without limitation, the right to reproduce, disseminate, make publicly available (by wire-based or wireless transmission), communicate, and edit such content (for example, by changing the resolution or size of an image for technical reasons). You hereby further license to Us the right to make any content uploaded by You also available to any other users, to the extent this is done for the contractual purpose.
10. Our use of your data.
During the term of Your LiquidEarth-Premium-License, You authorise us to use the information you provide to us during Your use of the LiquidEarth-Premium-Service in any way that is useful to achieve the purpose of the LiquidEarth-Premium-Service and our business development. This includes but is not limited to the following rights
to link, pool, combine, mix or use the information together with other elements or other information that is not the subject of the contractual agreement between You and Us.
to derive further knowledge from the information and analyse the information.
to pass on the information with third parties if it facilitates Your use of the LiquidEarth-Premium-Service or our current or future product development.
to process, modify, refine, restructure or transform the information at our discretion.
incorporate the information into software or other digital processing systems and use it in conjunction with such applications or other data in connection with this Cloud Service or other Cloud Services and other products that we provide or intend to provide to you or third parties.
If the information is copyrighted, you grant us a non-exclusive, royalty-free and not timely nor geographically limited right to use it for all activities typically associated with the above-mentioned purposes above and for the performance in context of your Subscription of the Cloud Service.
11. Support. We will provide You with support for the LiquidEarth App. You may contact our support teams with any concerns related to the LiquidEarth App. You can reach the support team at email@example.com.
In order to keep the LiquidEarth App up to date, We may offer automatic or manual updates for the LiquidEarth App at any time and without prior notice. Our applications are continuously updated and adapted. Among other things, this is to protect Your security and the stability of our applications. Therefore, system requirements may change under certain circumstances. We do not assume any obligation to provide You with a functional application (such as the LiquidEarth App) for Your terminal device on a permanent basis, if technical developments should limit the functionality of Your terminal device.
13.1 Applicable law. Any warranty claims are governed by applicable law.
13.2 No express or implied warranties. We make no representations or warranties that by using a Terranigma Service You will achieve Your desired goal or any other result.
14. Full responsibility for LiquidEarth App
14.1 No liability of app stores. We are fully responsible for operating and offering the Terranigma Services. The app stores We use are not liable for the LiquidEarth App on any legal basis.
14.2 No maintenance or support by app stores. We are fully responsible for maintaining and providing support for the LiquidEarth App in accordance with these Terms of Service. The app stores (of Google and Apple, Meta or Microsoft) assume no obligations to provide any maintenance or support services with respect to the LiquidEarth App.
14.3 No liability of app stores for malfunctions of the LiquidEarth App. In the event of any malfunctions, You may notify the app stores. Unless otherwise provided by law, the app stores have no further obligations as a result of any malfunctions of the LiquidEarth App.
14.4 Infringement of intellectual property rights of third parties. In the event that third parties bring any claims based on any infringement of intellectual property rights by the LiquidEarth App or the use of the LiquidEarth App, the app stores will not be responsible for any investigations, defenses, resolution, or settlement of such infringement claims.
14.5 U.S. embargoes and sanctions. By accepting these Terms of Service, You confirm
that You do not live in a country that is subject to any embargo by the government of the United States or that has been designated as a terrorist supporting country by the government of the United States, and
that You are not listed by the government of the United States as a "prohibited or restricted party."
14.6 App stores as third-party beneficiaries. You hereby accept and agree that the app stores shall be third-party beneficiaries of these Terms of Service and that they may therefore enforce these Terms of Service against You. Any modification or termination of these Terms of Service, including any rights of the app stores hereunder, are reserved for the parties and shall not require the consent of the app stores.
15. Responsibility for Content and Services
15.1 No responsibility for third-party content or services. The Terranigma Services may include links to content or services of third-party providers. In some cases, content made available by third parties may be shown or the Terranigma Services may enable You to use additional services of third parties. We strive to design our applications in such a way that this will be readily apparent to You. All content and/or services of third-party providers are subject to the applicable terms, conditions, and policies of such third-party providers. We hereby expressly disclaim any responsibility or liability for content or services of any third parties. You are personally responsible for making sure that You do not violate the terms and conditions of such third-party providers.
15.2 No responsibility for user-generated content. You are personally responsible for all content You upload using the Terranigma Services. We do not endorse or review such content.
15.3 Responsibility of the user for violations of law. When posting or making available Your own content, You must comply with all applicable laws and other regulations that are applicable in the country in which You are using our Terranigma Services. Whether or not prohibited by criminal law, You are generally prohibited from making available content of a pornographic, sexual, violent, racist, inflammatory, discriminatory, offensive and/or defamatory nature.
In addition, it is Your responsibility to make sure that You infringe no third-party rights, including, without limitation, privacy or publicity rights of third parties and intellectual property rights of third parties (e.g., copyrights, trademark rights, etc.). In this connection, We advise You that You must also, and in particular, own the necessary rights to Your profile image and to any other photos You upload.
We may at any time remove and erase any content that is unlawful or violates the aforementioned principles. If You violate the aforementioned provisions, We shall also have the right to send You a warning that We will suspend Your user account or terminate the user agreement for good cause.
16.1 Customer Indemnification. If a third party asserts a claim against Us alleging that Your data or the combination of your data with other applications, content or processes infringes its rights or the rights of a third party or claims for alleged infringement of intellectual property rights (a "Claim against Us"), you will defend Us, at your expense, against such Claim and indemnify Us against any damages, reasonable legal fees and other costs and amounts (i) finally awarded against Us to the extent arising out of the Claim against Us or (ii) paid by Us in settlement of the Claim against Us, any settlement to be approved in advance by You, provided that approval of any reasonable settlement shall not be unreasonably withheld or withheld in bad faith.
16.2 Terranigma Indemnity. If a third party asserts a claim against You that the Terranigma Services infringe a third party's intellectual property right (a "Third Party Infringement Claim"), We will defend you against the Third Party Infringement Claim at Our own expense and indemnify You against all damages, reasonable attorneys' fees and costs (i) finally awarded against You to the extent arising out of the Third Party Infringement Claim or (ii) paid by you in settlement of the Third Party Infringement Claim, any settlement to be approved in advance by Us. Approval of a reasonable settlement may not be withheld in bad faith. We shall have no obligation to defend or indemnify You if the Third-Party Infringement Claim is based on your breach of these Terms of Service.
16.3 Further Remedies. In addition to Our indemnification obligations, if the Terranigma Services become, or in Our opinion are likely to become in the future, the subject of an asserted claim, We may, in Our sole discretion and at Our own expense, (i) procure for You the right to continue using the Terranigma Services; (ii) replace or modify the Terranigma Services so that they are no longer infringing or allegedly infringing; or (iii) terminate the Terranigma Services and refund any prepaid fees for unused service terms.
16.4 Indemnification Procedure. Each party will promptly notify the other party of any claim. The failure of either party to promptly notify the other party shall relieve the other party of its obligation to defend and indemnify the non-notifying party. However, the foregoing applies only to the extent that the failure to notify materially impairs the indemnifying party's ability to defend against the claim. The indemnifying party shall have sole control of the legal defence, including entering into any settlement as stipulated by these Terms of Service. The Indemnified Party will reasonably assist and cooperate with the Indemnifying Party in the legal defence. The Indemnified Party may participate in the legal defence at its own expense. The provisions made in this section are conclusive with regard to any claims in connection with the infringement of third-party rights.
17.1 Liability for free services. In case of free services, our liability, whatever the legal basis, is limited exclusively to damages resulting from intentional or grossly negligent actions or omissions or from any lack of warranted qualities. Our liability for intentional actions or omissions is generally unlimited. Our liability for gross negligence or any lack of warranted qualities is limited to reasonably foreseeable damages. In all other cases any liability on our part is excluded.
17.2 Liability for paid services. In case of paid services, our liability, whatever the legal basis, is generally unlimited for damages resulting from intentional or grossly negligent actions or omissions or from any lack of warranted qualities.
If We breach any material contractual obligations due to ordinary negligence, our liability is limited to reasonably foreseeable damages. A contractual obligation is material within the meaning of the foregoing sentence if its performance is necessary for achieving contractual purposes and if You, the consumer, may reasonably rely on its performance.
Our liability for wrongful harm to life, limb, or health remains unaffected by the foregoing limitations.
In all other cases any liability on our part is excluded.
17.3 Liability of our employees. The above limitations of liability (see Sections 17.1 and 17.2) also apply for the benefit of our employees and agents.
17.4 Personal injuries. Any liability for damages involving harm to life, limb, or health ("personal injuries") remains unaffected and is governed by applicable law.
17.5 Product liability. Any claims under the German Product Liability Act (Produkthaftungsgesetz) remain unaffected by the aforementioned exclusions and limitations of liability.
17.6 Data privacy. Any claims under applicable data privacy laws remains unaffected by the aforementioned exclusions and limitations of liability.
18. Data and Data Privacy.
18.1. Data Provided by You. You represent that all personal data made available to Us were collected in compliance with applicable data protection laws, and that the agreed use of such personal data by Us will not exceed the scope of any consents from data subjects or violate any applicable data protection laws.
18.2. Data collected by Us. The (non-personal) data that is transmitted by You to our systems when using our Terranigma Services remains Your property and will only be used by Us in accordance with these Terms of Service.
18.3. Data processing by Us. We will process Your personal data in compliance with our Data Privacy Policies. You will find the most recent version of our Data Privacy Policies at https://www.terranigma-solutions.com/liquidearth-privacy or it can be accessed via the App. We will inform You and Your employees in detail how and where We process or cause third parties to process Your personal data.
19. Changes to Terms of Service.
We reserve the right to make changes to these Terms of Service or any parts thereof with effect for the future for the following reasons, unless such changes would result in an unreasonable disadvantage for You: for legal or regulatory reasons; for security reasons; to upgrade or optimize existing features of the Terranigma Services or to add new features; to account for the progress of technology, to make technical adjustments, or to guarantee the future functionality of the Terranigma Services. We will notify You of any changes to our Terms of Service at the latest four weeks before the planned effective date of the new version. You will have the opportunity to object to changes within the aforementioned four-week period. If You continue to use our Terranigma Services without objection, You will be deemed to have accepted the new Terms of Service. If You do object to changes, We hereby expressly reserve our right to terminate the contract for convenience. If and when We make changes to the Terms of Service, We will once again advise You of Your revocation right, the time period within which the revocation right must be exercised, and the legal consequences of revocation.
20. Changes to our Company, New Owners
20.1. Transfer of contracts to subsidiaries. In the future We may change the structure of our company in order to better offer the Terranigma Services also worldwide or because this makes economic sense for us. In this case We must be able to transfer our contracts with You to subsidiaries. You hereby agree that if You use the Terranigma Services, We may transfer our contracts with You to subsidiaries. Of course, We will inform You before this happens. The Terranigma Services will continue to be available to You as usual.
20.2 New owners. If there is a change in the ownership or voting rights in our company as a whole or with respect to any of the Terranigma Services or their assets, We may transfer Your information to the new owner. This applies in particular for the benefit of any legal successors in the event of a sale or other transfer of our business.
21. Final Provisions
21.1 Official contract language. The official contract language is German[AAB84] [JC85] [AAB86] .
21.2 Governing substantive law. All dealings between the parties are governed exclusively by German law, with the exception of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
21.3 Venue and Jurisdiction. If there is no court in Germany or another EU country where venue and jurisdiction is proper based on Your residence, habitual abode, or corporate domicile (allgemeiner Gerichtsstand), or if You relocate Your permanent place of residence to another country outside the EU after the effective date of these Terms of Service, or if Your place of residence or habitual abode is unknown at the time legal action is filed, exclusive venue and jurisdiction for any and all disputes arising from this Agreement will be in the courts at the place of our registered office.
21.4 Severability. If any provisions of these Terms of Service should be or become invalid in whole or in part, the validity of the remaining provisions will remain unaffected thereby. The foregoing provisions apply, mutatis mutandis, if any provisions should have been inadvertently omitted from these Terms of Service.
22. Downloading and Review Options.
You may review and print out these Terms of Service at any time at https://www.terranigma-solutions.com/liquidearth-terms-and-conditions. Additional information regarding Your respective contract is available in Your user account. In the alternative, You may also print out or download the automated order confirmation You received after placing the order.
23. Information about Provider
Terranigma Solutions GmbH Laurentiusstraße 59 52072 Aachen Germany
Managing Directors (managing director and responsible editor): Dr. Simon Virgo and Miguel de la Varga Hormazabal
Commercial Register at the Local Court of Aachen, HRB 23696
VAT ID (value-added tax identification number): DE 329046863
23. Dispute Resolution.
The European Commission makes available a platform for online dispute resolution (OS platform). You can access the OS platform at www.ec.europa.eu/consumers/odr. You will find our email address in the imprint.
We prefer to address any concerns You may have directly and therefore do not participate in any consumer mediation proceedings. Please contact Us directly with any questions or problems.
Last updated on: 25.11.2022