Terms and conditions of use and sale

The present General Terms and Conditions of Use and Sale (the "CGUV") relate to:

the use of the DarkSkyLab website (the "Site"), accessible at https://www.darkskylab.com. www.darkskylab.com. Visitors to the Site are hereinafter referred to as "User(s)".

to the use of the online Light Pollution Platform (the "Platform") developed by DarkSkyLab and accessible at https://lightpollutionplatform.darkskylab.com, and to the relationship between DarkSkyLab and users of the Platform in con-nection with the provision of software services ("Service(s)") offered on the Platform. Users of the Platform are hereinafter referred to as "Customer(s)".

Use of the Site and Platform is subject to the regulations in force, in particular Law 2004-575 of June 21, 2004 on confidence in the digital economy, and to the present CGUV. It implies full acceptance of the CGUV described below.

Our CGUV may change over time, so we advise you to consult them regularly.

Effect, duration and renewal

The current CGUV take precedence over any conditions or stipulations to the contra-ry. They cancel and replace any CGUVs that may have governed previous relations between the parties.

In particular, the subscription of any order or the execution of any Service by the Customer on the Platform implies his adherence to the present CGUV, which remain in force for the entire duration of the order or execution of the Service.

Purpose of the Site and Platform

The Site allows Users who visit it to obtain information about DarkSkyLab's activities in the field of the study of light pollution and the impacts of artificial lighting.

The Platform enables Customers to access online software Services in the field of light pollution, to perform analyses and obtain results that can be viewed and down-loaded ("Result(s)").

Accessibility of the Site and Platform

The Site, the Platform and the Services offered therein are accessible at any time, with the exception of maintenance periods, and from any location, subject to Internet access.

All costs necessary for access to the Site and Platform (computer hardware, Internet connection, etc.) are the responsibility of the User and Customer.

The User and the Customer are responsible for the quality of their Internet network and for updating their browser. DarkSkyLab cannot be held responsible for any una-vailability or slowdown in the use of the Site or Platform and associated Services. DarkSkyLab is not in a position to guarantee access to the Site or Platform and the associated Services, performed remotely via the Internet, which the User and Cus-tomer acknowledge.

Access to the Site or Platform and associated Services may be occasionally sus-pended without notice or justification, due to maintenance operations necessary for their proper functioning. DarkSkyLab cannot be held responsible for the possible impact of this unavailability on the activities of the User and the Customer.

Description of Platform Services

DarkSkyLab provides the following Services on the Platform:

Mapping light pollution in a given area

This Service is performed using software ("Software(s)") developed by DarkSkyLab that models light scattering from satellite-acquired radiance data and produces maps representing the "brightness" level of the night sky as observed from the ground.

To perform the Service, the Customer must provide technical data ("Technical Da-ta(s)") enabling him to delimit his study area, and select the year(s) for which he wishes to obtain a Result.

The satellite data used by DarkSkyLab for this Service are annual composites pro-duced by a scientific research institute according to a standardized methodology. DarkSkyLab is not responsible for the delay between the end of a calendar year and the date on which the annual composite for that year is made available. On the Plat-form, only the years for which annual composites have been produced and made available are offered.

The Technical Data that the Customer must upload to perform the Service and the Results that he obtains once the Service has been performed are detailed on the Service presentation page.

Mapping the contribution to light pollution of a set of lighting points

This service is carried out using software developed by DarkSkyLab, which models light diffusion using data from lighting sources (geographical coordinates, technical characteristics, etc.) and produces maps representing the light pollution generated specifically by these lighting sources.

To carry out the Service, the Customer must provide Technical Data enabling him to define his study area and characterize the lighting points he wishes to analyze.

The Technical Data that the Customer must upload to perform the Service and the Results that he obtains once the Service has been performed are detailed on the Service presentation page.

Data-visualization of zenith luminance data measured on the ground

This Service is aimed exclusively at customers who use the Ninox instrument devel-oped by DarkSkyLab to measure the quality of the night sky. Thanks to dedicated Software, the Service enables them to transform the raw data acquired by Ninox into a series of graphs showing the evolution of the sky's "luminosity" during each night of measurement.

To perform the Service, the Customer must provide the Technical Data acquired by his Ninox device and which he wishes to analyze.

The Technical Data that the Customer must upload to perform the Service and the Results that he obtains once the Service has been performed are detailed on the Service presentation page.

Creating an account and connecting to the Platform

Access to the Platform and the Services offered therein requires the creation of an account (the "Account") by each Customer. The Account can only be created online at https://lightpollutionplatform.darkskylab.com.

The access identifiers defined by the Customer when creating his/her Account are strictly personal, confidential and non-transferable. They correspond to a username and a password.

DarkSkyLab cannot be held responsible for any damage caused by the use of the password by an unauthorized person. In the event of loss or theft of one of the identi-fiers, the Customer will use the procedure set up by DarkSkyLab allowing him to re-cover his identifiers by email.

Once connected to the Platform, the Customer can access his or her Customer Area ("Customer Space"), in which personal information is entered. Customers can change their password or delete their Account at any time via this Customer Area.

Access to Platform Services

Some of the Services offered on the Platform are free of charge, while others are subject to a fee. Pricing terms are indicated on the presentation page of each Ser-vice.

Terms and conditions of use of paid services

In order to use a Chargeable Service ("Chargeable Service(s)"), the Customer must have previously purchased tariff tokens ("Tariff Token(s)") from DarkSkyLab. These Tariff Tokens are consumed as and when the Customer uses Paid Services.

Tariff Tokens can be used for twenty-four months (two years) from the date of order. The customer can check the number of Tariff Tokens available at any time via the Customer Area. Tariff Tokens not used during their validity period are not refunded.

The number of Tariff Tokens required to run a Chargeable Service depends on the Service chosen and the Technical Data supplied by the Customer. A summary table is provided on the Platform's Pricing page.

In addition, after choosing the Service to be performed and uploading the Technical Data to the Platform, the Customer is informed of the number of Tariff Tokens re-quired to perform the desired Service. If the number of Tariff Tokens available is suf-ficient, the Customer can perform the Service. If not, additional Tariff Tokens must be purchased.

Buy Tariff Tokens

Price Tokens are sold individually or in packs. The Customer can consult all pricing offers on the Platform's Pricing page. The prices shown on this page are in euros and are exclusive of tax and charges. The Customer is obliged to pay VAT in addi-tion. Prices are subject to change without notice.

To purchase Tariff Tokens, the Customer must send an email to ecom-merce@darkskylab.com. A member of DarkSkyLab's sales team will then contact the Customer to validate the number of Tariff Tokens required, and send a quote by email. Once the Customer has confirmed his order by email, he receives the associ-ated invoice by email within two working days. The Tariff Chips are made available on the Customer's Account within two working days of receipt of payment.

If the Customer is acting on behalf of a legal entity, he acknowledges that he is em-powered to place orders on behalf of the legal entity he represents. In this case, the billing address is the address of the registered office of the legal entity on whose be-half the Customer is acting.

All orders placed by the Customer are due and all invoices must be paid within thirty days net of dispatch. Without prejudice to any damages, failure by the Customer to pay an invoice by the due date shall automatically entail:

the application of late payment interest equal to three times the legal interest rate, without prior notice and from the first day of delay;

additional banking and management costs (collection follow-up, reminder let-ters and telephone charges, representation of direct debit rejections);

the suspension of the Customer's Account, then its termination by operation of law within seven days after DarkSkyLab has sent a formal notice by registered letter with acknowledgment of receipt which has remained unsuccessful.

Consumption of Tariff Tokens

Tariff Tokens are consumed only if the Paid Service used by the Customer has been correctly executed and if the Service Results have been produced and can be down-loaded by the Customer.
Otherwise, the Tariff Tokens are not used.

Personal data management

The DarkSkyLab Site and Platform Privacy Policy can be viewed at https://www.darkskylab.com/personal-data.

Technical Data Management

The Technical Data that the Customer must upload to the Platform in order to per-form a Service are detailed on the presentation page of each Service.
DarkSkyLab reserves the right to exclude a Customer from depositing Technical Da-ta for any reason and without prior notice.

Ownership and legality of Technical Data

The Customer certifies that it owns the intellectual property or operating rights to the Technical Data submitted and that it is authorized to use them on the Platform.
He certifies that the Technical Data submitted does not contain any personal infor-mation.
Furthermore, the User is solely responsible for the legality of the Technical Data up-loaded to the Platform. The User shall hold DarkSkyLab harmless at first request against any prejudice resulting from its being called into question by a third party for a breach of this warranty.

Confidentiality and non-preservation of Technical Data

Technical Data deposited by the Customer on the Platform are not accessible to third parties. They remain accessible only to the Customer for thirty days from the date of deposit, after which they are automatically deleted.

DarkSkyLab undertakes to preserve the confidentiality of the Technical Data trans-mitted by the Customer in accordance with the provisions set out below relating to Liability and Force Majeure. DarkSkyLab implements technical and organizational measures to prevent access to or fraudulent use of the Data

The Platform is not intended as a data storage area, but as a data exchange zone. DarkSkyLab cannot be held responsible in the event that a Customer is unable to access Technical Data that it has deposited on the Platform prior to the execution of a Service. Consequently, the Customer is responsible for copying and backing up said data.

Platform services results

The Results provided to the Customer after execution of the Services are detailed on the presentation page of each Service.

Access to results

Results can be downloaded in two ways:

directly on the results page that appears once the Service has been run;

on the My Projects page, where they are stored for 30 days from the date of production. They are then automatically deleted.

Confidentiality and ownership of results

DarkSkyLab undertakes to preserve the confidentiality of the Results in accordance with the provisions set out below relating to Liability and Force Majeure. DarkSkyLab implements technical and organizational measures to prevent access to or fraudu-lent use of data.

The Customer remains the sole owner of the data constituting the Results. DarkSky-Lab transfers, on an exclusive basis, the economic rights to the Results of the Ser-vices performed, allowing the Customer to freely exploit them, including for commer-cial purposes. DarkSkyLab retains the moral rights to the Results (art. L. 121-1 and L.121-5 of the French Intellectual Property Code), which prohibits the Customer from distorting or misinterpreting them.

Quality and contesting Results

As the Customer is solely responsible for the quality, relevance and conformity of the Technical Data it deposits on the Platform, the Results obtained at the end of the ex-ecution of the Services are also the Customer's responsibility. DarkSkyLab shall in no event be held liable for them.

The Customer must notify DarkSkyLab of any claim relating to the Results by e-mail to support@darkskylab.com within thirty days net from delivery of the Results. After this period, the Customer may no longer make any claim relating to the Results.

Platform technical support

Technical support for the Platform, as well as the reporting of anomalies, is provided by email to support@darkskylab.com.
In the event of an anomaly, DarkSkyLab will diagnose and correct it.

Account deletion

The Customer may request the deletion of his Account at any time and for any rea-son, by sending a registered letter to the following address:
DarkSkyLab, Pascaou, 31470 Fontenilles, France

Any deletion of an account requested by a Customer will be effective within a maxi-mum period of seven days following receipt of the request by registered letter.

In the event of non-compliance by the Customer with the present GCUV, DarkSky-Lab reserves the right to immediately suspend a Customer's Account, and then to automatically delete it within seven days of sending a registered letter with acknowl-edgment of receipt.

The deletion of an Account results in the deletion of all unused Tariff Tokens, without the possibility of reimbursement of any kind. It also entails the deletion of all Cus-tomer data, including any data still accessible on the My Projects page (Technical Data uploaded by the Customer and Results obtained after execution of the Ser-vices).

Property

Site and Platform

The entire Site and Platform are governed by French and international legislation on copyright and intellectual property. DarkSkyLab is the owner of the intellectual prop-erty rights or holds the rights of use on all the elements accessible on the Site and the Platform, in particular the texts, images, graphics, logos, icons, sounds and soft-ware.

Any unauthorized use of the Site, the Platform or any of the elements they contain will be considered as constituting an infringement and will be prosecuted in accord-ance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.

The use of any content of the Site or Platform (text, image...) requires the prior written authorization of DarkSkyLab.

Methods, tools, know-how and documentation

The Services offered on the Platform are based on methods, tools, know-how, data-bases and documentation belonging to DarkSkyLab, which remains the exclusive owner thereof during the performance of the Services.

Performance of the Services does not entail the right to disclose, reproduce, exploit or make any other use whatsoever of the methods, tools, know-how, databases and documentation.

Services and Software

DarkSkyLab owns and retains all proprietary rights in all elements of the Services and the Software by which the Services are performed.

Use of the Services does not transfer to the Customer any rights whatsoever in re-spect of the Software.

Warranty of eviction

DarkSkyLab represents and warrants:

that the Software it has developed and through which the Services are per-formed is original within the meaning of the French Intellectual Property Code;

that it holds all the intellectual property rights that enable it to enter into a con-tract with the Customer.

DarkSkyLab represents and warrants that the Software through which the Services are performed is not likely to infringe the rights of third parties.

Liability

Each party assumes responsibility for the consequences resulting from its faults, er-rors or omissions, causing direct damage to the other party.

In addition, and in the event of fault proven by the Customer, DarkSkyLab shall only be liable for the financial consequences of direct and foreseeable damage resulting from the performance of the Services offered on the Platform. Accordingly, DarkSky-Lab shall in no circumstances be liable for any indirect or unforeseeable loss or damage suffered by the Customer or any third party, including, without limitation, any lost profits, loss, inaccuracy or corruption of files or data, commercial loss, loss of sales or profits, loss of goodwill, loss of opportunity, cost of obtaining a substitute product, service or technology, arising out of or in connection with the non-performance or faulty performance of the Services.

In all cases, the amount of DarkSkyLab's liability is strictly limited to the reimburse-ment of the sums actually paid by the Customer on the date of the event giving rise to liability.

DarkSkyLab also declines all responsibility for any loss or alteration of the Technical Data deposited by the Customer on the Platform or of the Results obtained at the end of the execution of a Service. Under no circumstances does the Platform consti-tute a storage or backup space for the Customer's data.

DarkSkyLab cannot be held responsible for the accidental destruction of data by a third party having accessed the Platform using the identifiers given to the Customer.

DarkSkyLab does not fully guarantee the security and confidentiality of the data pro-vided or received by the Customer, but undertakes to implement all methods re-quired to achieve this to the best of its ability.

DarkSkyLab also declines all responsibility for any viruses that may infect the User's or Customer's computer equipment after using or accessing the Site or Platform.

Although the information published on the Site and the Platform is deemed reliable, DarkSkyLab reserves the right not to guarantee the reliability of the sources.

Force majeure

DarkSkyLab shall in no event be liable for any damages in the event of injury caused by an interruption or reduction in service by the telecommunications opera-tor or electricity supplier, or in the event of force majeure. The party observing the event must immediately inform the other party of the impossibility of using the Plat-form.

Suspension of obligations or delay shall in no case give rise to liability for non-performance of the obligation in question, nor lead to the payment of damages or penalties for delay.

Insurance

DarkSkyLab has taken out the necessary insurance to cover the risks associated with its activity. DarkSkyLab undertakes to provide proof of such insurance to any Customer who may request it.

Applicable law and jurisdiction

Any dispute arising in connection with the use of the Site or Platform is subject to French law. Any dispute arising from the use of the Site or the Platform is subject to French law. Any dispute arising from the use of the Site or the Platform is subject to French law. The language of the contract is French.