GAEL Systems S.A.S, with registered office at 25 rue Alfred Nobel, 77420 Champs-sur-Marne, France, RCS Meaux 452 272 032 (hereinafter: “GAEL Systems”) is an innovative company developing software solutions for the space industry, to access and disseminate Earth observation data products and to ensure their integrity, from simple desktop applications to cloud infrastructures.

GAEL Systems develops and maintains the:
SesamEO® Service software (hereinafter the “Software”) which is a service that makes data from Copernicus and others (statistics, atmospheric or climate) accessible via themes and collections from the catalogues. Collections can be browsed and searched by keyword. Products can be viewed, filtered and downloaded according to the provider's capabilities.

The SesamEO® Service has been developed as part of the Destination Earth (DestinE), an ambitious initiative of the European Union to create a highly accurate digital model of Earth. It uses an unprecedented amount of data, innovative earth system models, Artificial Intelligence (AI), cloud computing, high-speed connectivity networks and data from multiple existing and new sources. The initiative is jointly implemented by three entrusted entities: the European Space Agency (ESA), the European Centre for Medium-Range Weather Forecasts (ECMWF) and the European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT) (see: https://destination-earth.eu/destination-earth/).

The SesamEO® Service is provided through the site platform.destine.eu (the “Site”).

The Site is provided by Serco Italia S.p.A with registered office at viale dell’Astronomia 13, Cap 00144 (Rome, Italy).

These terms also govern the provision of customer (hereinafter indifferently the “Customer” or the “User”) support and Software maintenance services.

Under our Terms of Service, we aim to give our customers the advantages and freedom of using an open-source application and at the same time to foster the continuous development of the Software by an active developer community.

The Software is currently available as a freemium service (free plan). A premium service (fee-based service) may be offered in the future.

These Terms of Service are intended exclusively for natural persons, legal entities, academic entities, or business partnerships that wish to use the Software to carry out their commercial or independent professional activity (hereinafter “Customers”) and therefore act as entrepreneurs within the meaning of Articles 1832 to 1873 of the French Civil Code.

These SesamEO® Service Agreement terms shall be read in conjunction with our Data Processing Agreement (DPA) and with Serco Italia S.p.A (see headquarters above) DestinE Platform platform.destine.eu Code of conduct and Terms and Conditions.
The User shall accept Serco Italia S.p.A Site’s Code of conduct and Terms and Conditions before accessing and using the Software.

No other terms and conditions stipulated by the Customer will apply, even if GAEL Systems does not expressly object to their application. Any deviating or contradictory provisions will therefore only apply if GAEL Systems has expressly acknowledged them in writing. This clause also applies to the precedence and application of the Customer’s own general terms and conditions when the Customer submits or accepts a quote.
The present General Terms of Service together with the applicable rate plan, documentation, and description of services https://platform.destine.eu/services/service/sesameo/ will constitute the exclusive basis of applicable contractual terms and conditions. Individual agreements made with the Customer in individual cases (including ancillary agreements, addenda, and amendments) as well as the Data Processing Agreement (“DPA”) following Article 28 GDPR as a supplementary component of these Terms of Service take precedence over these Terms of Service. Subject to evidence to the contrary, written contracts or acknowledgments from GAEL Systems will be decisive for determining the contents of such agreements.
In all other respects, the special provisions governing contractual services contained in these conditions take precedence over the general ones. If differing provisions from those described here are concluded in the Data Processing Agreement the latter takes precedence.

The Parties undertake to permanently treat all information about the other Party that they learn or becomes known in connection with this contract and that is marked as confidential or as constituting business and trade secrets based on other circumstances (hereinafter “Confidential Information”) as confidential and to not share it with third parties or to record or use it in any other way unless the other Party has expressly consented to its disclosure or use.

The Customer may be given the opportunity to test the Software in advance. The applicable trial periods and the details of the requirements and scope can be found on our website as of the time when the trial period ends. After the end of the trial period, the Customer’s access to the SesamEO® Cloud will lapse. If the Customer wishes to continue the contractual relationship after the end of the trial period, it must confirm that it wishes to continue to use the service under its selected rate plan by placing an order on our website in good time (see Section “Contractual Term and Termination of the Agreement”). Otherwise, the contractual relationship will end automatically.

GAEL Systems may, in its sole discretion, terminate or suspend the Customer’s access at its discretion for any reason with a 30 day prior written notice, to all or part of the Software, and immediately in case of, breach of any term of this Agreement or of the DestinE Platform Code of Conduct & Terms and Conditions that is not cured within 15 days from the occurrence of such breach.

The User has the right to withdraw free of charge and at any time from the Agreement, either by permanently deleting the DestinE Account (via the Site, in respect of Registered Users) or by not using the Software (for the non-registered Users).
After termination of this Agreement or termination of the Software, this Agreement shall continue to apply.

The fee-based contractual relationship begins (possibly after the end of the trial period) when the Customer formally submits an order via the website for the duration of the selected contractual period or accepts the offer sent by us (by concluding a contract).
The Customer can learn more details about the contractual term from the service description and the SesamEO® portal (https://platform.destine.eu/services/documents-and-api/doc/?service_name=sesame)
The contractual term shall be automatically extended by the originally selected period, unless the contract is terminated as follows:The rights of both Parties to terminate the Agreement without notice for cause are not affected. Cause exists when the Party terminating the Agreement cannot be reasonably expected to continue under the contractual relationship until the agreed expiry date or the end of a notice period while taking all of the circumstances of each particular case and the interests of both Parties into account.
A Party has cause in particular if the other Party files for bankruptcy or ends its business status as a going concern.
GAEL Systems also has cause if the Customer ceases to make payments despite a reminder and a late payment grace period or breaches the contractual provisions regarding use of the SaaS service.
In the case of a Party’s bankruptcy or the ending of its business status as a going concern, termination without notice is subject to the requirement that the other Party is warned and requested in writing to remedy the alleged grounds for the termination without notice within a reasonable period of time.
Upon termination of the contractual relationship, GAEL Systems will release to the Customer - on his/her request - all of his/her data that is stored in the Service. The data will be released before the end of the contract by making it available to the Customer. The Customer reserves the right to use the data generated via the SaaS in the on-premises version. The respective Terms of Service and rate plans will apply here.

GAEL Systems reserves neither a right of retention nor a statutory lessor’s lien with respect to the Customer’s data.

GAEL Systems disclaims all liability if the Software is made available as part of a free plan, except in cases of fraudulent concealment or gross negligence.
Under all other rate plans, liability is excluded for slightly negligent breaches of duty, unless there is damage to life, limb, or health or warranties or claims under the French Product Liability Act (Directive 85/374/CEE). Furthermore, liability for the breach of obligations that are essential to the proper fulfillment of the contract and whose observance the Customer may regularly rely on remains unaffected. The same applies to breaches of duty by third parties, including in particular by vicarious agents.
GAEL Systems shall not be liable:
-for the loss of data if the damage is due to the fact that the customer has culpably failed to comply with an own obligation to back up data and therefore the data cannot be restored with reasonable effort.
-for indirect and consequential damages suffered by the Customer or licensors and or caused to third parties by the Customer conduct and/or omissions not attributable to GAEL Systems.

All fees agreed in accordance with these contractual conditions (see Section “Provision as Software as a Service (Cloud)”) must be paid in advance at the time of signing the contract for the agreed contractual term. Any agreed trial periods (see Section « Trial Period”) extend this deadline accordingly. Any discounts will be calculated based on the selected license period. The amount of these discounts is displayed directly in the ordering process or is calculated based on the final amount to be paid.
All prices are exclusive of any applicable statutory taxes or comparable government duties.

The available payment method is:It will be operational when paid software plans are available.

GAEL Systems reserves the right to amend or adapt the provisions of this Agreement and/or the services it is contractually obliged to provide:The Customer is notified of amendments in either writing by email or via the Site notification systems.
This notice of changes will indicate the date on which the changes will come into effect. If the Customer does not object to the changes within for (4) weeks of receipt of the notice, the changes will be deemed to have been accepted by the Customer from this point in time onwards, unless a later date is specified in the notice. The Customer is specifically advised of its right to object and the legal consequences of not raising such an objection.
If the Customer objects to the changes, the contractual relationship ends at the time the changes come into effect. The Customer’s other rights regarding termination of the contractual relationship are not affected.
This reservation of right to amendment shall apply in the same way to amendments to the Data Processing Agreement as a binding supplement to these Terms of Service.

GAEL Systems may use subcontractors to fulfill individual obligations or its obligations as a whole arising from the underlying contractual relationship.

GAEL Systems may refer to the Customer’s use of GAEL Systems products pursuant to a contractual relationship with GAEL Systems and to an appropriate and customary extent in reference lists and in its external communications. In particular, it may publish this information on its website(s).

If this Agreement is provided to the Customer in a different language, this is done only to aid understanding. The French version - or, failing that, the English version - will take precedence for the purpose of resolving legal disputes.

The source code of the Software developed by GAEL Systems is licensed as open source software under the GNU Lesser General Public License, Version 3 (GNU LGPL v3), except for specific components developed under the GNU Affero General Public License, Version 3 (GNU aGPL v3)

The license text of the GNU LGPL-3.0 can be found here.
The license text of the GNU GPL-3.0 can be found  here.

GAEL Systems grants the Customer a license to use the software for an indefinite period.

Additional documentation, in particular concerning GNU GPL v3 and GNU aGPL v3, is also stored in specific files in the Software.

The Software Background Intellectual Property (BIPR) is listed as below:

The Customer must inform GAEL Systems immediately of any claims by third parties of infringements of intellectual property rights attributable to the Software. Before acknowledging the infringement of intellectual property rights or taking comparable legal actions, the Customer must inform GAEL Systems and, within reason, give GAEL Systems the opportunity to defend itself against the allegations or to indemnify the Customer against the assignment of all rights to the third party. If the Customer stops using the Software in order to minimize damages or for other important reasons, it must notify the third party that by ceasing to use the Software, it is not acknowledging the alleged infringement of intellectual property rights. Insofar as necessary, GAEL Systems will indemnify the Customer for all costs in this case.

The Customer must inform GAEL Systems immediately of any claims by third parties of infringements of intellectual property rights attributable to the Software. Before acknowledging the infringement of intellectual property rights or taking comparable legal actions, the Customer must inform GAEL Systems and, within reason, give GAEL Systems the opportunity to defend itself against the allegations or to indemnify the Customer against the assignment of all rights to the third party. If the Customer stops using the Software in order to minimize damages or for other important reasons, it must notify the third party that by ceasing to use the Software, it is not acknowledging the alleged infringement of intellectual property rights. Insofar as necessary, GAEL Systems will indemnify the Customer for all costs in this case.

The Cloud Software is provided by GAEL Systems (via the DestinE Site) for the agreed contractual term.

Further details regarding the services that GAEL Systems will provide, in particular as regards the functional scope of the software or its technical and hours of availability, data portability, or applicable service levels, can be found in the service description, can be found here.

GAEL Systems can make updated versions of the Cloud Software available. The Customer will be informed about the updated versions, and it will be notified of any via e-mail or within the Cloud Software.

The valid current service description can be accessed at the following URL: https://platform.destine.eu/services/documents-and-api/doc/?service_name=sesame

The Customer shall take appropriate security precautions to ensure that no unauthorized persons can gain access to the Cloud Software via the Customer’s user account during the contractual term. Intended use will be construed to include sharing content with third parties as well. In order for third parties to be allowed permanent access, they must be added as users.

Additional rights of use to the Cloud Software, including in particular the reproduction, sale, and/or rental rights thereto, are not the subject of these Terms of Service and are not granted.

GAEL Systems reserves the right to take reasonable technical measures to prevent non-contractual use.

The Customer undertakes to pay the agreed fee for access. The relevant details can be found in Sections “General” and “Support and Maintenance Services”, unless otherwise stipulated here. GAEL Systems may demand additional payment in accordance with the respective current price list for required services that are necessitated by the Customer due to a breach of an obligation pursuant to “Contractual Term and Termination of the Agreement” clause or that the Customer has additionally ordered.
Currently, only a Freemium Service is available.
The price list will be available at a specific URL when applicable.

In order to access and use the SaaS services, the Customer must create its own user ID and password on the Site, which must be entered each time the user wishes to access the SaaS services. The Customer must keep their password secret and not to disclose it to third parties.
The Customer shall be the responsible person and the sole owner of the processed data. GAEL Systems shall process data on behalf of the Customer only (see « Data Protection » section). Irrespective of GAEL Systems’ obligation to back up data , the Customer is advised to use the options provided to back up data himself.
The Customer must scan their data and information for viruses or other malware before entering it and use state-of-the-art virus protection programs to do so.
The Customer shall use the Cloud Software only in accordance with the applicable law, in particular the applicable acts, court decisions, official regulations, or orders, as well as in compliance with the intellectual property rights of third parties as per these Terms of Service.
The Customer must compensate GAEL Systems for all damage that arises from failure to comply with the obligations laid out in these Terms & Conditions and to indemnify GAEL Systems against all third-party claims, including those relating to any attorney fees and court costs that are incurred in this regard, which third parties make against GAEL Systems as a result of failure by the Customer to comply with these obligations.

In the event of a fault or a system-side error message/malfunction, the provided ticket system https://platform.destine.eu/support/ must be used to notify GAEL Systems.
In the event of an error message, the Customer must describe the disruption or malfunction to GAEL Systems as precisely and in as much detail as is reasonable, so that it can react quickly. If the error messages or malfunctions (faults) cannot be reproduced or cannot be directly attributed to the Cloud Software itself for any reason other than a significant functional impairment, but can instead be traced, for example, to changes that the Customer made to its information technology (IT) infrastructure or web services, GAEL Systems reserves the right to request payment of its incurred expenses in accordance with the current price list valid as of the time of the error message.
Upon request, the Customer shall provide suitable data of its own if this is necessary to reproduce the fault or malfunction.
GAEL Systems’ strict liability as a result of defects already existing at the time of the conclusion of the contract will be excluded.

If unauthorized third parties gain access to the SaaS solution services using the Customer’s login details, the Customer shall be held civilly liable for any resulting fees up to the point of receipt of the Customer’s request to change its login details or notice of the loss or theft thereof in cases where the Customer is culpable for such unauthorized third-party access.
GAEL Systems has the right to immediately disable accounts or storage space if it has reasonable grounds to suspect that the stored data is illegal and/or the Software is being used illegally or infringes third-party rights. In particular, there are reasonable grounds for suspicion of illegal behavior and/or an infringement of rights if courts, authorities, and/or other third parties notify GAEL Systems accordingly.
GAEL Systems must inform the Customer that their account has been disabled and the reason why immediately. The account will be re-enabled as soon as the Customer presents evidence refuting the reasons for disabling their account.

After termination of the contractual relationship, GAEL Systems shall generally delete the Customer account and the data contained therein in accordance with the DeltaTwin® Service Data Processing Agreement. If the Customer fails to specify any corresponding provisions by the end of the contractual term, GAEL Systems will request the Customer to back up their data on their own systems within one month . The data will be made available in a commonly used data format. In any case, a request by the Site will be sent by email to the address stored in the customer account. The Customer is responsible for the correctness of the communication data stored in its customer account and ensuring that it can access it, including the specified email address. After the specified deadline expires without a response from the Customer, their user account, including all associated data, will be permanently deleted, unless there are conflicts with statutory retention requirements that take precedence over this Contract.

To the extent that GAEL Systems can access the Customer’s personal data, it shall act exclusively as a data processor on behalf of the Customer. The Customer shall be the sole arbiter of whether data processing is permissible. The question of the permissibility of the data processing is the sole responsibility of the Customer.
The data processing agreement (DPA) required under Article 28 GDPR is a supplementary part of these Terms of Service, which is hereby incorporated into the Terms of Service in a binding manner.
The DPA is available at the following URL: https://sesameo.destine.eu/help

This Section regulates support and maintenance services as well as the guaranteed response times and the provided communication channels when the software is made accessible as SaaS under the selected rate plans and is limited to the range of functions (features) specified in these rate plans.
The specific services to be provided by GAEL Systems depend on the contractually agreed support class (Freemium, Basic, Professional, Premium, or Corporate).
Currently, only the Free plan (Freemium) is available.
The service description can be accessed at the following URL: https://platform.destine.eu/services/documents-and-api/doc/?service_name=sesame

The Customer may utilize the support services by sending a corresponding message to GAEL Systems via the provided communication channels (see https://platform.destine.eu/support/ ). The message must describe the support case in enough detail to explain the cause, type, and effects.
At the request of GAEL Systems, the Customer will name a contact person who is sufficiently qualified and authorized to answer questions or initiate necessary measures to handle all support requests, or it will name such a contact person for each specific request.
The support service will only remedy a fault or malfunction if it lies in the Software itself that has been made accessible by GAEL Systems within the framework of the selected rate plan, and the contractually guaranteed system requirements and other obligations of the Customer to cooperate are satisfied.
If a support request necessitates a support service to rectify a malfunction or fault and the causes of the malfunction or fault cannot be eliminated with reasonable effort, GAEL Systems will provide the solution in the form of a workaround. (This is a solution that ensures the contractually guaranteed features even if it is does not eliminate the cause of the problem.)
The Customer shall fulfill all of its obligations to cooperate as required for the specific support request. If the fulfillment of the support request depends on an action by the Customer or if it culpably fails to fulfill its obligations to cooperate, the response time is extended by the period need to carry it out, provided that this remains necessary.
If it turns out that the Customer causes malfunctions or faults as a result of the incorrect use of the software or hindering of its operation, or it is otherwise responsible for said malfunctions or faults because they are not factors that can be remedied by way of the support service, the Customer shall be held responsible for the consequences arising from these circumstances. GAEL Systems may charge a separate fee for all expenses associated with such a support request, including in particular for the time required for the determination of the cause.
The support services do not include services other than those specified in the service description.

Maintenance services include the provision of new software versions, such as updates, patches, bug fixes, and/or, if applicable, upgrades that are released during the contractual period. GAEL Systems will generally inform the Customer of new software versions by email or via notifications on the Site.
If no separate contractual agreements have been made, there is no right to further custom software development services.

The Customer must immediately deploy or install new software versions (see « Maintenance Services” Section). If the Customer fails to install the latest software in a timely fashion, it can lead to the loss of warranty rights.
All support and maintenance services are generally provided remotely. It is therefore necessary for the Customer to allow GAEL Systems or its subcontractors remote access via SSH, web, or terminal server . The decision about whether to grant such access is at the discretion of the Customer. If remote access is not enabled, and where this is necessary and reasonable for GAEL Systems to request to provide the services, GAEL Systems is not obliged to provide the service.
System and software analysis by GAEL Systems is required to provide certain support services. The Customer shall provide access for analysis purposes to the extent necessary and provide special test environments. GAEL Systems will provide the requirements in each concrete case. The Customer shall support GAEL Systems to an appropriate and reasonable extent.

GAEL Systems warrants that the services provided as part of the support and maintenance service are free from defects that nullify or reduce the value and suitability under the agreed scope of services. Insignificant deviations will not be considered violations of this clause.
If defects arise during contractual use, the Customer must give GAEL Systems the opportunity to rectify them within a reasonable period of time. The Customer must notify GAEL Systems of the defects immediately in a comprehensible form and specify information that is useful for rectifying these defects, usually via the provided ticket system https://platform.destine.eu/support/ . The Customer shall help GAEL Systems in troubleshooting the problem as far as can be reasonably expected. GAEL Systems does not provide any warranty for defects that cannot be reproduced for GAEL Systems. Any expenses incurred in this connection must be paid for separately.
If, despite repeated efforts, GAEL Systems does not succeed in remedying the defect or in developing a workaround so that the Software can be used in accordance with the product description, the Customer may, in accordance with the statutory provisions, demand a reduction in the agreed fee, withdraw from the contract, or to file claim for damages.

There is currently no paid plan available.
GAEL Systems currently offers exclusively a freemium service (free plan).
When paid plan(s) are available:
The Customer undertakes to pay the agreed fee based on the selected rate plan that it has specified in accordance with the additional conditions described under the « Fees » section.
If during the term of the contract, the Customer realizes that it has requested a license for an insufficient quota (may be: number of users, storage limit, maximum number of runs etc...), he/she may pay a fee for this additional quota.
GAEL Systems may charge an additional fee in accordance with the respective current price list for services that the Customer utilizes because it exceeded the quota that it originally licensed or for some other reason that it is responsible for.

These Terms of Service are subject to French law.
The exclusive place of jurisdiction for disputes arising from these Terms of Service is the Juridiction place from which GAEL Systems’ registered office in Champs-sur-Marne, France, depends. However, GAEL Systems also reserves the right to file lawsuit at the Customer’s place of jurisdiction. The same also applies if the Customer does not have its general place of jurisdiction in France. The applicable legal provisions otherwise apply with regard to local and international jurisdiction.

The following set of terms are defined to identify environment and application scope:
SesamEO® Service: It makes data from Copernicus and others (statistics, atmospheric or climate) accessible via themes and collections from the catalogues. Collections can be browsed and searched by keyword. Products can be viewed, filtered and downloaded according to the provider's capabilities.
SaaS (or Software as a Service): software licensing and delivery model in which software is licensed on a subscription basis and is centrally hosted. SaaS is also known as on-demand software, web-based software, or web-hosted software.
End User:E means any individual or entity that directly or indirectly through another user (a) accesses or uses User uploaded Content; or (b) otherwise accesses or uses the DeltaTwin® Service software under the User’s Account.
Losses: means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).
Party, Parties: refers to GAEL Systems and the User either individually or collectively.
Personal Data: designates any information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his/her physical, physiological, mental, economic cultural or social identity.
GAEL Systems confidential information: means all non-public information disclosed by GAEL Systems, its affiliates, business partners or its or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. GAEL Systems Confidential Information includes: (a) non-public information relating to GAEL Systems or its affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between the Client and GAEL Systems or GAEL Systems’ affiliates. GAEL Systems Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to the User at the time of the User’s receipt from GAEL Systems; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by the User without reference to the GAEL Systems Confidential Information.