EOSDA LandViewer Terms of Service

Last updated: October 13, 2026

Introduction

These Terms of Service (these “Terms”) are a legal contract between You and EOS Data Analytics Inc. (“Us” or “Our” or “We”, or “EOS” and together with You, the “Parties”) covering Your use of Our LandViewer product (“LandViewer”). LandViewer is a web interface that allows You to select a geographic area for analysis and an earth observation data type and then apply Your choice of imagery analytics. These Terms govern Your use of (i) the LandViewer service (the “Service”) and (ii) all the text, data, information, software, graphics, photographs and more offered through the Service (all of which We refer to as “Materials”).

For purposes of these Terms, “Service” means the LandViewer website, platform, tools, and related functionality made available by Us. “Materials” means the imagery, data, maps, software, text, graphics, photographs, and other content that We or Our licensors make available through the Service, excluding User Content and Derived Analytics Outputs, as those terms are defined below. “User Content” means data or other content that You submit to or upload through the Service. “Derived Analytics Outputs” means raster indices, numerical index values, and other results generated for You by applying the Service’s analytics to Your selections or inputs.

The Service provides imagery analytics, including analytical calculations and algorithms that generate Derived Analytics Outputs. The Service is not represented as providing artificial intelligence or machine-learning services. Derived Analytics Outputs are analytical results and should not be treated as a guarantee of any particular outcome.

Materials may include content owned by third parties and subject to their rights and license terms.

BY CLICKING THE “I ACCEPT” BOX, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THESE TERMS. IF YOU ARE AGREEING TO THESE TERMS AS AN INDIVIDUAL, “YOU” REFERS TO YOU INDIVIDUALLY. IF YOU ARE AGREEING TO THESE TERMS AS A REPRESENTATIVE OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY.

NOTICE: THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. EXCEPT FOR THE LIMITED EXCEPTIONS DESCRIBED IN THE DISPUTE RESOLUTION AND ARBITRATION SECTION, YOU AND WE AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. YOU AND WE ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, TO THE FULLEST EXTENT PERMITTED BY LAW. PLEASE REVIEW THAT SECTION CAREFULLY.

Changes

We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue the Service at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We will inform You of any modifications to these Terms by presenting You with the modified Terms before You use the Services and asking You to agree to such modified Terms.

If You object to any such modifications, Your sole recourse shall be to cease using the Service. Continued use of the Service following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications.

General use

By using the Service, You represent, acknowledge and agree that You are at least 18 years of age, or if You are under 18 years of age but are at least 13 years old (a “Minor”), that You are using the Service with the consent of Your parent or legal guardian and that You have received Your parent’s or legal guardian’s permission to use the Service and agree to its Terms. If You are a parent or legal guardian of a Minor, You hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Us if the Minor breaches any of these Terms. If You are not at least 13 years old, You may not use the Service at any time or in any manner or submit any information to the Us or the Service.

We invite You to use the Service for consumer or commercial purposes (“Permitted Purposes”).

Subject to Your compliance with these Terms, We grant You a limited, personal, non-exclusive and non-transferable license to access and use the Service and to access, process, display, and use Materials as made available through the Service, solely for Permitted Purposes. Except as expressly permitted by these Terms or applicable law, You may not modify, reproduce, distribute, publicly display, create derivative works from, reverse engineer, or otherwise exploit the Service or Materials. This restriction does not prohibit Your use of Derived Analytics Outputs in accordance with the “USER CONTENT AND DERIVED ANALYTICS OUTPUTS” section. You shall retain any copyright and proprietary notices included with copies of Materials.

If You breach any of these Terms the above license will terminate automatically and You shall immediately destroy any downloaded or printed Materials (and any copies thereof).

Geo-location terms

The Services include and make use of certain functionality and services provided by third-parties that allow Us to include maps, geocoding, places and other Content from various providers as part of the Services (the “Geo-Location Services”). Depending on Your membership tier, the Services may utilize: (i) Google, Inc. (“Google”) for Full Members; and/or (ii) OpenStreetMap (“OSM”) for Guests and Free Members. Your use of the Google Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using Google Geo-Location Services, You are agreeing to be bound by Google’s Terms of Use. Data provided by OSM is licensed under the Open Data Commons Open Database License (ODbL) available at https://www.openstreetmap.org/copyright, and by using OSM-based Services, You agree to be bound by its terms and acknowledge OSM contributors as the source of such data.

Registering for an account

To access and use the Service, You must create an account. You may register or sign in using a Google, Facebook, or LinkedIn account, or using Your email address through the registration process made available on the Service. When You register or sign in through a third-party provider, You authorize Us to receive and use the information that the provider makes available to Us for account creation and authentication, in accordance with Our Privacy Policy and the settings You select with that provider.

Your account will be created automatically when You complete the applicable registration or sign-in process. No separate account application or approval is required. You agree to provide and maintain true, accurate, current, and complete information associated with Your account and to update it when necessary.

You are responsible for complying with these Terms whenever You access or use the Service, whether directly or through Your account. You are also responsible for obtaining and maintaining the equipment, internet access, and other services needed to access and use the Service, and for any related charges.

You are responsible for maintaining the security of Your account and any credentials used to access it, and for all activity that occurs through Your account. If You access the Service using a third-party provider, the authentication credentials for that provider are governed by Your relationship with that provider. We do not require You to disclose Your third-party account password to Us. You must promptly notify Us if You believe that Your account or credentials have been compromised or that there has been unauthorized access to or use of Your account.

If You register using an email address, You must use the account functions made available on the Service to manage or recover access to Your account. If You use a third-party provider to access the Service, Your use of that provider’s authentication service is also subject to the provider’s applicable terms and policies.

Payments

Plans and Pricing. We offer free and paid subscription plans, including monthly and annual subscription options and a customizable Team plan. The current plan features, usage limits, subscription fees, billing periods, and any applicable discounts are described on the LandViewer plans and pricing page at https://eos.com/landviewer/account/pricing (the “Plans Page”) and will be displayed to You before You complete a purchase. The specific plan, price, billing period, and usage limits presented to You at checkout will apply to Your subscription.

The Team plan includes the features of the Pro plan, together with a dedicated account manager and onboarding support. Team-plan pricing and terms are individually determined based on the team’s requirements and will be set out in a written agreement between You and Us. Special pricing may be available to teams of five (5) or more users, as described in the applicable written agreement.

We do not use credits. Each plan is subject to the feature and usage limits stated on the Plans Page. Monthly usage limits apply to the applicable monthly period, expire at the end of that period, and do not roll over to a later period. Any daily limits or other usage restrictions are as stated on the Plans Page or in the Service.

Additional High-Resolution Purchases. High-resolution imagery or downloads may be available for a separate fee. The applicable price will be shown before You complete the purchase. Your rights to use imagery and any related analytics or outputs are subject to the applicable end-user license agreement (“EULA”) of the imagery provider. A purchase through LandViewer does not grant rights beyond those permitted by the applicable EULA. You are responsible for reviewing that EULA before purchasing or using the imagery or related outputs. Delivery timelines of High-resolution imagery or downloads are determined by the imagery provider and are outside Our control; to the extent permitted by applicable law, We are not responsible for delays caused by the provider.

Billing and Automatic Renewal. Explorer and Pro subscriptions are billed monthly in advance. By subscribing, You authorize Us and Our payment processor to charge Your selected payment method for the applicable subscription fee and any taxes or other charges disclosed at checkout. Unless You cancel as described below, Your subscription will automatically renew each month, and You authorize Us to charge the applicable monthly fee on each renewal date. You are responsible for keeping Your payment information current and for charges incurred through Your account.

Cancellation. You may cancel Your subscription through the cancellation functionality in Your LandViewer account. Cancellation will stop the subscription from renewing after the end of the then-current monthly subscription period. You may continue to use the paid features of Your plan through the end of that period. When the paid subscription expires, access to paid features will end, and Your account will be subject to the features and usage limits of the Starter plan then available. Cancellation does not entitle You to a refund of fees already paid, except as required by applicable law.

Price Changes. We will provide at least thirty (30) days’ notice before an increase in the subscription fee takes effect. If You do not agree to the new price, You may cancel Your subscription before the increased fee takes effect. If You do not cancel, the new price will apply to Your subscription beginning with the first renewal after the notice period.

Failed Payments. If a payment cannot be processed, We may notify You and may suspend or discontinue access to paid features if the amount due remains unpaid. Once the paid subscription ends, access to paid features will end and the Starter plan’s features and usage limits will apply, if that plan is available.

Refunds. Except where required by applicable law, subscription fees and fees for additional purchases are non-refundable, including for partially used subscription periods or unused usage allowances.

IMPORTANT NOTICE REGARDING AUTOMATIC RENEWAL AND CANCELLATION: YOUR PAID SUBSCRIPTION WILL AUTOMATICALLY RENEW MONTHLY UNLESS YOU CANCEL IT BEFORE THE NEXT RENEWAL DATE. YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD FOR THE APPLICABLE MONTHLY SUBSCRIPTION FEE AND ANY TAXES DISCLOSED AT CHECKOUT. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH YOUR LANDVIEWER ACCOUNT. CANCELLATION WILL STOP THE NEXT RENEWAL; YOUR PAID FEATURES WILL REMAIN AVAILABLE UNTIL THE END OF THE THEN-CURRENT PAID SUBSCRIPTION PERIOD. WHEN THAT PERIOD ENDS, ACCESS TO PAID FEATURES WILL END AND THE FEATURES AND USAGE LIMITS OF THE STARTER PLAN WILL APPLY, IF AVAILABLE. EXCEPT WHERE REQUIRED BY APPLICABLE LAW, FEES ALREADY PAID ARE NON-REFUNDABLE.

If You have a question or concern about a charge, please contact Us at support@eos.com and provide the relevant transaction details. We will review the inquiry. Nothing in this section limits any rights You may have under applicable law.

User content and derived analytics outputs

User Content. As between You and Us, You retain any rights You may have in User Content. You grant Us a limited, non-exclusive right to host, reproduce, process, transmit, and display User Content solely as necessary to provide, maintain, secure, and support the Service and to perform Our obligations under these Terms. You represent that You have the rights necessary to provide the User Content and to grant the foregoing rights to Us.

Derived Analytics Outputs. Subject to these Terms and the applicable provider license terms, You may use, reproduce, and distribute the Derived Analytics Outputs generated for You through Your use of the Service, including for commercial purposes, provided that the output does not contain any pixel of the source imagery from which it was generated. This permission does not grant You any right to reproduce, distribute, or otherwise make available the source imagery itself or any output containing pixels of that imagery.

Your use and distribution of source imagery and Derived Analytics Outputs may be subject to the applicable end-user license agreement or other license terms of the imagery provider (EULA). If the EULA impose restrictions that differ from or conflict with this section, the EULA will control to the extent of the conflict. If EULA apply to imagery You purchase through the Service, EOS will identify or make them available to You during the purchase process. You are responsible for reviewing and complying with the applicable EULA.

Nothing in this section transfers to You any ownership of the Service, Our technology, source imagery, or other materials owned by Us or Our licensors.

Suspension and termination

Suspension or Termination by Us. We may suspend, restrict, or terminate Your access to all or part of the Service if We reasonably believes that: (a) You have materially violated these Terms or applicable law; (b) Your use of the Service poses a security risk, may harm the Service or another user, or may expose EOS or a third party to liability; (c) Your account has been used for fraud or other unlawful activity; (d) payment due for a paid subscription remains unpaid; or (e) suspension or termination is required by law, a court order, or an applicable third-party provider’s requirements. We may also discontinue all or part of the Service.

Where reasonably practicable, We will give You notice and an opportunity to address the issue before suspending or terminating access. We may act immediately, without prior notice, where We reasonably determine that immediate action is necessary to protect the Service, Our users, Us, or a third party, or to comply with law or a third-party provider’s requirements.

Subscription Expiration or Cancellation. You may cancel a paid subscription through the cancellation functionality in Your account, as described in the PAYMENTS AND SUBSCRIPTIONS section. When a paid subscription expires or is canceled, Your access to paid features will end at the end of the then-current paid subscription period, and Your account will be subject to the features and usage limits of the Starter plan, if available.

Effect of Termination. Upon termination of Your account or these Terms, Your right to access and use the Service will end. You remain responsible for fees and other obligations incurred before termination. Any refunds will be governed by the PAYMENTS AND SUBSCRIPTIONS section. The handling, retention, or deletion of User Content after termination will be governed by these Terms, the Privacy Policy, and any applicable third-party license terms.

Survival. Any provisions that by their nature should continue after termination will survive, including provisions concerning payment obligations accrued before termination, proprietary rights, disclaimers, limitations of liability, indemnification, and dispute resolution.

Unauthorized activities and our intellectual property

Subject to these Terms and Your applicable plan, We authorize You to access and use the Service through the interfaces and functionality We make available to You. As between You and Us, We or Our licensors retain all right, title, and interest in and to the Service and all related technology and materials owned or licensed by Us, including the software, source code, object code, user interfaces, designs, features, documentation, and trademarks (collectively, “EOS IP”). Except for the limited right to access and use the Service as expressly granted in these Terms, no rights in the EOS IP are transferred or granted to You.

You shall not, and shall not authorize or assist any other person to:

• copy, modify, adapt, translate, or create derivative works of the Service or any EOS IP, except as expressly permitted by Us or applicable law;
• reverse engineer, decompile, disassemble, or otherwise attempt to discover or derive the source code, non-public APIs, or underlying structure, ideas, or algorithms of the Service, except to the extent such restriction is prohibited by applicable law;
• sell, resell, sublicense, lease, distribute, or otherwise make the Service or access to its functionality available to any third party, except as expressly authorized by Us;
• access or use the Service through automated means, including bots, scrapers, crawlers, or scripts, or conduct load, performance, or vulnerability testing, except through an API or other method expressly authorized by Us;
• bypass or circumvent authentication, access controls, subscription requirements, usage limits, or other technical restrictions of the Service;
• interfere with, disrupt, damage, or compromise the integrity, security, or operation of the Service or its underlying systems or networks;
• access, use, or attempt to access any account, system, or portion of the Service without authorization; or
• remove, alter, or obscure any proprietary notice, trademark, or other notice appearing on the Service or EOS IP.

This section governs only the Service and EOS IP. It does not determine or restrict Your rights to imagery, data, analytics results, or other materials made available through or generated using the Service; those rights are addressed separately in these Terms and, where applicable, in the relevant third-party license terms.

Proprietary rights

“EOS Data Analytics” and the related EOS names, logos, and marks are trademarks that belongs to Us. Other trademarks, names and logos on the Service are the property of their respective owners.

As between You and Us, We and our licensors retain all right, title, and interest in and to the Service and the technology and materials owned or licensed by Us that are used to provide the Service, including its software, interfaces, features, design, and documentation. Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Service are Our sole property, Copyright © 2026 EOS Data Analytics Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Certain items of independent, third party code may be included in the Services and Mobile Application that are subject to open source licenses, including but not limited to those open source licenses found at https://opensource.org/licenses/MIT, https://creativecommons.org/licenses/by-sa/3.0/us/, https://www.apache.org/licenses/LICENSE-2.0, https://opensource.org/licenses/ISC, https://opensource.org/licenses/BSD-2-Clause, https://opensource.org/licenses/BSD-3-Clause, https://creativecommons.org/licenses/by-sa/2.0/uk/deed.en_GB and https://www.gnu.org/licenses/gpl-3.0.en.html (collectively, “Open Source Software”). The Open-Source Software is licensed under the terms of the license that accompanies such Open-Source Software. Nothing in these Terms limits Your rights under, or grants You rights that supersede, the terms and conditions of any applicable end user license for such Open-Source Software.

Electronic communications

By using the Service and/or the Services provided on or through the Service, You consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service and/or services provided on or through the Service. These electronic communications are a part of Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy policy

We respect the information that You provide to Us, and want to be sure You fully understand exactly how We use that information. So, please review Our Privacy Policy (“Privacy Policy”) which explains everything.

Links to third-party sites

We sometimes provide links on the Service to third-party Services. If You use these links, You will leave the Service. We are not obligated to review any third-party Services that You link to from the Service, We do not control any of the third-party Services, and We are not responsible for any of the third-party Services (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party Services, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party Services linked to from the Service, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party Services.

Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS WITH YOU. WE ARE NOT RESPONSIBLE FOR ANY DECISIONS YOU MAKE OR ACTIONS YOU TAKE BASED ON OUR SERVICES.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that the Service will meet Your requirements or that the Service will be uninterrupted, timely, secure, or error free or that defects in the Service will be corrected. We make no warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service. No advice or information, whether oral or written, obtained by You through the Service or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

The Service, Materials, and Derived Analytics Outputs are provided for informational and analytical purposes only and do not constitute professional, legal, financial, environmental, agricultural, engineering, or other expert advice. You are responsible for independently evaluating the results and obtaining appropriate professional advice before making decisions or taking action based on them.

Limitation of liability

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT BE MORE THAN THE GREATER OF (X) THE AMOUNT OF FEES ACTUALLY PAID TO OR DUE TO US BY YOU HEREUNDER IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR (Y) $50.00.

Indemnification

To the extent permitted by applicable law, You will defend, indemnify, and hold harmless EOS Data Analytics Inc. and its affiliates, and their respective officers, directors, employees, and agents, from and against any third-party claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Your User Content; (b) Your use of the Service or Materials in violation of these Terms or applicable law; or (c) Your infringement or violation of a third party’s rights. We will give You reasonably prompt notice of any claim for which We seek indemnification and reasonable cooperation, at Your expense. You may not settle a claim in a manner that imposes liability or an admission of fault on an indemnified party without that party’s prior written consent. The indemnified party may participate in the defense with counsel of its choice at its own expense.

Local laws. Export control

We control and operate the Service from Our headquarters in the United States of America and the entirety of the Service may not be appropriate or available for use in other locations. If You use the Service outside the United States of America, You are solely responsible for following applicable local laws.

You shall comply with all applicable export-control, sanctions, and trade laws and regulations in connection with Your access to and use of the Service and Materials. You represent that You are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to applicable comprehensive sanctions, and that You are not a person or entity with whom transactions are prohibited under applicable sanctions or export-control laws. You may not access, use, export, re-export, transfer, or make the Service or Materials available in violation of applicable export-control or sanctions laws, or for any prohibited end use.

Feedback

Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, message, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

Dispute resolution and arbitration. Class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Mandatory Notice and Informal Resolution. Before You or EOS initiates arbitration or files a claim in court, the party asserting the claim must send the other party a written notice describing the dispute and the relief requested. You must send Your notice to info@eosda.com and include Your name, account email address, mailing address, a description of the dispute, and the specific relief You seek. EOS will send any notice to the email address associated with Your account or another address You have provided for legal notices.

After receiving a complete notice, the parties will attempt in good faith to resolve the dispute informally for at least forty-five (45) days. Neither party may initiate arbitration or file a court claim during that period, except to seek temporary relief necessary to preserve rights or prevent irreparable harm, or to file an individual claim in small claims court if the claim qualifies and remains there. The applicable limitation period and filing deadlines will be suspended during this 45-day period to the extent permitted by law.

Agreement to Individual Arbitration. Except for a qualifying individual claim brought in small claims court and an application for temporary relief described above, any dispute, claim, or controversy between You and EOS arising out of or relating to the Service, these Terms, or the parties’ relationship will be resolved by final and binding individual arbitration, rather than in court. The Federal Arbitration Act governs this arbitration agreement. The arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA rules applicable to the nature of the claim and the parties, as in effect when the arbitration is filed, except where those rules conflict with this section or applicable law.

The arbitrator may award any individual relief that would be available in court under applicable law. The arbitrator may not award relief for or against anyone who is not a party to the arbitration. The arbitrator, and not a court, will decide disputes about the interpretation or application of this arbitration agreement, except that a court will decide any dispute concerning the enforceability of the Class Action Waiver below.

Class Action Waiver. To the fullest extent permitted by law, You and EOS may bring claims against each other only in an individual capacity, and not as a plaintiff, class member, or representative in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any class, collective, or representative proceeding. This waiver does not prevent either party from participating in a class-wide settlement.

If a court finally determines that this Class Action Waiver is unenforceable as to a particular claim or request for relief, that claim or request must proceed in court, and any enforceable individual claims subject to arbitration will remain in arbitration. Any remaining provision will be enforced to the fullest extent permitted by law.

Location and Hearing. The arbitration may be conducted remotely, based on written submissions, or in person, as permitted by the applicable AAA rules and determined by the arbitrator. For an in-person hearing, the hearing will take place in the federal judicial district where You reside if You are an individual consumer, or in Santa Clara County, California if You are acting on behalf of a business, unless the parties agree otherwise or applicable law requires a different location.

Fees and Attorneys’ Fees. Arbitration fees and costs will be allocated in accordance with the applicable AAA rules and applicable law. Each party will bear its own attorneys’ fees and other expenses unless the arbitrator or a court awards them under applicable law or this section. To the fullest extent permitted by law, EOS may seek reasonable attorneys’ fees and costs attributable to a claim if the arbitrator or court determines that the claim was frivolous, brought in bad faith, or pursued for an improper purpose. Nothing in this section requires You to pay fees or costs that applicable law or the AAA’s applicable rules prohibit EOS from imposing on You.

Court Proceedings and Jury Waiver. A party may ask a court with jurisdiction to enforce this arbitration agreement or an arbitration award, or to seek the temporary relief permitted above. For any claim that proceeds in court, You and EOS waive the right to a jury trial to the fullest extent permitted by law.

Severability and Survival. This section survives termination of Your account and these Terms. If any part of this section is held unenforceable, that part will be severed or limited as necessary, and the remainder will remain in effect to the fullest extent permitted by law, subject to the Class Action Waiver paragraph above.

General

Communication. We believe that direct communication can resolve many issues. If We believe that You may be violating these Terms, We may notify You and provide an opportunity to address the issue, where appropriate. This does not limit Our right to suspend or terminate access as provided in the Suspension and Termination section of these Terms.

Governing Law. These Terms are governed by the laws of the State of California and applicable federal law, without regard to conflict-of-law principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in the Dispute Resolution and Arbitration section. Nothing in these Terms limits rights or protections that cannot lawfully be waived under applicable law.

Severability. If any provision of these Terms is held unenforceable, it will be modified only to the minimum extent necessary to make it enforceable, if permitted by law. If it cannot be modified, it will be severed, and the remaining provisions will remain in effect. The specific severability provisions in the Dispute Resolution and Arbitration section control over this general severability provision with respect to that section, including the Class Action Waiver.

No Waiver. Our failure or delay in enforcing any provision of these Terms does not waive Our right to enforce that provision or any other provision later. Any waiver must be in writing and signed by the party granting it.

Entire Agreement; Order of Precedence. These Terms, together with the Privacy Policy, the plan and pricing terms presented to You or incorporated into these Terms, and any applicable written order or agreement between You and Us, constitute the entire agreement between You and Us concerning the Service and supersede prior or contemporaneous agreements on that subject. If You have a written order or agreement with Us, it controls over these Terms only where it expressly identifies the provision it overrides. Any applicable third-party license terms govern Your use of the imagery or other third-party materials to which those terms apply.

Survival. Provisions that by their nature are intended to continue after termination will survive, including provisions concerning proprietary rights, User Content and Derived Analytics Outputs, disclaimers, limitations of liability, indemnification, dispute resolution, and any payment obligations accrued before termination.

Contact us

If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us by email at info@eosda.com or by mail at Legal Department, EOS Data Analytics Inc. 1906 El Camino Real, STE 202 Menlo Park, CA 94027.