Terms & Conditions

1. Definitions

• “PhytoMaps”, “we”, “us”: PhytoMaps, the Dutch business identified above.
• “Customer”, “you”: the legal entity, partnership or sole trader entering into these Terms.
• “Service”: the PhytoMaps web platform, the satellite turf monitoring functionality, optional drone analytics deliverables, alerts, reports, exports and any related features made available by PhytoMaps.
• “Subscription”: a paid plan (Essential, Advanced, Enterprise or any successor plan) on monthly or annual billing.
• “Pilot”: the optional free 30-day evaluation described in clause 4.
• “Customer Data”: any data, content, parameters or notes that the Customer or its users submit to or generate in the Service, excluding satellite imagery sourced by PhytoMaps and PhytoMaps-generated analytics outputs.
• “Authorised User”: an individual the Customer authorises to use the Service under its account.

2. Scope and acceptance

By creating an account, starting a Pilot, subscribing to a Plan, or otherwise using the Service, the Customer accepts these Terms. The Customer represents that the individual accepting these Terms has authority to bind the Customer. We do not contract with consumers; the Service is offered only to businesses, partnerships (including LLPs) and sole traders acting in a business capacity.

Any purchase order, general terms of purchase or other standard terms of the Customer are expressly rejected and shall not apply, even where PhytoMaps does not separately object to them, unless agreed in writing and signed by an authorised representative of PhytoMaps.

3. The Service

PhytoMaps provides satellite-based turf monitoring and analytics for golf courses and similar managed turf properties. The Service is delivered as software-as-a-service via the web platform. Optional drone analytics deliverables may be ordered separately and are governed by the same Terms together with any quote-specific scope.

Functionality, including the features listed on the pricing page, may evolve over time. PhytoMaps may add, change, deprecate or remove non-material features at its discretion. Material reductions of contracted functionality during a paid term will entitle the Customer to terminate the affected Subscription on reasonable notice and to a pro-rata refund of pre-paid fees for the period after termination.

Satellite imagery is sourced from publicly available European Space Agency Copernicus Sentinel data and is subject to that source's availability, cadence and quality. PhytoMaps does not guarantee a specific revisit frequency where this depends on third-party data availability.

4. Free Pilot

PhytoMaps may offer a free 30-day Pilot. The Pilot does not require a payment method and does not automatically convert into a paid Subscription. At the end of the Pilot, access to paid features ends unless the Customer actively chooses to subscribe. Data uploaded during the Pilot is retained in accordance with the Privacy Policy and clause 16 below.

Pilots are offered subject to availability and PhytoMaps may decline or end a Pilot at any time without giving reasons.

5. Subscriptions, plans and Authorised Users

Plans, pricing, course allowances and user seat limits are published on the pricing page. The Customer is responsible for choosing a Plan that matches its intended use. Each Authorised User must use unique credentials and may not share them.

The Customer is responsible for all activity under its account and for ensuring that its Authorised Users comply with these Terms.

6. Fees, billing, taxes

Fees are stated in euro and exclusive of VAT and any other applicable taxes or duties. The Customer authorises PhytoMaps (or its payment processor) to charge the chosen payment method for all fees due. Invoices are issued electronically and are payable within 14 days unless a different term is stated on the invoice.

If a payment is overdue, PhytoMaps may, after written notice and a reasonable cure period, suspend the Service. The Customer shall owe statutory commercial interest under Article 6:119a of the Dutch Civil Code (Burgerlijk Wetboek) and reasonable extra-judicial collection costs.

Fees may be revised on renewal with at least 30 days' notice. Continued use after the effective date of the new fees constitutes acceptance.

7. Term, renewal and cancellation

Monthly Subscriptions renew automatically each month. Annual Subscriptions renew automatically each year. Either party may cancel renewal at any time before the end of the then-current period. Cancellation takes effect at the end of that period; the Customer retains access until then.

Mid-term cancellation of an annual Subscription. The Customer may cancel an annual Subscription mid-term. In that case, the months already used will be re-priced at the standard monthly rate (i.e. the annual discount no longer applies for the used portion). Any remaining pre-paid amount after applying the standard monthly rate to the used portion will be refunded. No refund will exceed the amount actually paid by the Customer.

Mid-term cancellation of a monthly Subscription. Monthly Subscriptions are non-refundable for the current month; access continues until the end of the paid month.

8. Customer obligations and acceptable use

The Customer shall use the Service only for lawful business purposes and in accordance with these Terms and the documentation. The Customer shall not:

• reverse engineer, decompile or attempt to derive the source code of the Service, except to the extent expressly permitted by mandatory law;
• circumvent any technical limitation, rate limit, security feature or usage metering;
• use the Service to build a competing product or service;
• upload content that infringes any third party's intellectual property, privacy or other rights, or that is unlawful, defamatory or malicious;
• use the Service to send unsolicited communications or for any unlawful processing of personal data.

9. Customer Data and intellectual property

As between the parties, the Customer retains all rights, title and interest in and to Customer Data. The Customer grants PhytoMaps a worldwide, non-exclusive, royalty-free licence to host, process, transmit, display and otherwise use Customer Data solely as necessary to provide and improve the Service, to comply with law, and to enforce these Terms.

PhytoMaps and its licensors retain all rights, title and interest in and to the Service, the platform software, the user interface, the documentation, and any feedback or aggregated, anonymised data derived from use of the Service. Nothing in these Terms transfers any intellectual property rights to the Customer except the limited right to use the Service as set out herein.

10. Personal data and processing

Where PhytoMaps processes personal data on behalf of the Customer in the course of providing the Service, it does so as a processor. The terms applicable to that processing are set out in the Data Processing Agreement available at /legal/dpa, which is incorporated into these Terms by reference. Where PhytoMaps acts as an independent controller (for example, in respect of billing and account contact data), it does so in accordance with its Privacy Policy at /legal/privacy.

11. Confidentiality

Each party may receive non-public information of the other party that is marked or reasonably understood to be confidential. The receiving party shall keep such information confidential, shall use it only to perform its obligations or exercise its rights under these Terms, and shall protect it with at least the same care as it applies to its own confidential information (and no less than a reasonable standard). Customer Data is the Customer's confidential information. Aggregated, anonymised statistics are not confidential information.

12. Service availability and warranties

PhytoMaps will use commercially reasonable efforts to maintain a monthly availability of the Service of 99%, excluding planned maintenance announced reasonably in advance and downtime caused by factors outside PhytoMaps' reasonable control (including third-party services, internet outages, force majeure events and Customer acts or omissions).

Except as expressly stated in these Terms, the Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, PhytoMaps disclaims all other warranties, whether express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness or that the Service will meet the Customer's requirements or be uninterrupted or error-free. Analytics outputs are decision-support tools and not a substitute for professional agronomic judgement.

13. Limitation of liability

To the maximum extent permitted by law, PhytoMaps' total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, shall be limited to the fees actually paid by the Customer to PhytoMaps under the affected Subscription in the twelve (12) months preceding the event giving rise to the claim.

Neither party shall be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, goodwill, data, business opportunities or anticipated savings, even if advised of the possibility of such damages.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable mandatory law, including liability for intent or gross negligence (opzet of bewuste roekeloosheid) and personal injury caused by negligence.

14. Indemnification

The Customer shall indemnify, defend and hold PhytoMaps harmless from and against any third-party claims, damages, liabilities, costs and reasonable legal fees arising out of (i) the Customer's breach of these Terms, (ii) Customer Data or the Customer's use of the Service in violation of law or third-party rights, or (iii) the Customer's instructions to PhytoMaps as a processor under the DPA.

15. Suspension

PhytoMaps may suspend the Customer's access to the Service, in whole or in part, with or without prior notice, where: (i) the Customer materially breaches these Terms, (ii) the Customer's use poses a security, stability or legal risk to PhytoMaps, its other customers or third parties, or (iii) PhytoMaps is required to do so by law or by a competent authority. PhytoMaps shall lift the suspension once the cause has been removed.

16. Termination

Either party may terminate these Terms with immediate effect by written notice if the other party (i) materially breaches these Terms and fails to cure the breach within 30 days of written notice, (ii) becomes insolvent, files for bankruptcy, enters into suspension of payments (surseance van betaling) or is wound up, or (iii) ceases its business operations.

On termination, the Customer's right to access the Service ends. Provisions intended by their nature to survive termination (including confidentiality, intellectual property, liability and governing law) shall survive.

17. Return and deletion of Customer Data

Within 90 days after termination or expiry of the Subscription, Customer Data will be deleted from production systems. During that period, the Customer may request an export of its data. Financial and tax records (invoices and supporting documentation) will be retained for seven (7) years as required by Dutch tax law (Article 52 of the General State Taxes Act, Algemene wet inzake rijksbelastingen). Backups containing Customer Data are overwritten on the regular backup rotation.

18. Force majeure

Neither party is liable for any delay or failure to perform caused by circumstances beyond its reasonable control, including acts of God, war, civil unrest, strikes, epidemic, pandemic, governmental measures, failures of internet backbones, failures of essential third-party services, failures of satellite data providers, or natural disasters.

19. Changes to these Terms

PhytoMaps may amend these Terms from time to time. Material changes will be notified to the Customer by email or in the platform at least 30 days before they take effect. If the Customer objects in writing to a material change before it takes effect, the Customer may terminate the affected Subscription as of the effective date and receive a pro-rata refund of pre-paid fees for the period after the effective date.

20. Notices and assignment

Notices to PhytoMaps shall be sent to info@phytomaps.com. Notices to the Customer shall be sent to the contact address on the account. The Customer may not assign or transfer these Terms without PhytoMaps' prior written consent. PhytoMaps may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of its assets.

21. Governing law and jurisdiction

These Terms are governed by the laws of the Netherlands, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). All disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent court in Maastricht, the Netherlands.

22. General

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects the parties' original intent. No waiver of any breach shall constitute a waiver of any subsequent breach. These Terms (together with the Privacy Policy, the Cookie Policy and, where applicable, the DPA) constitute the entire agreement between the parties on the subject matter and supersede any prior agreements or understandings.