You are hereby granted a license to use our website, APIs, documentation and associated services(the "Services"), published by Crookneck Consulting LLC (the "Publisher", "we", "us", "our") doing business as Photo Ephemeris, subject to your acceptance of the terms of this agreement (the "Agreement").

You may contact us by email regarding this Agreement at support@radiantdrift.com.

1. ACCEPTANCE OF AGREEMENT

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”). This Agreement constitutes the entire and only agreement between the Publisher and you with respect to the Services, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services, the content, products or services provided by or through the Services, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted at this site, and you should review this Agreement prior to using the Services.

2. COPYRIGHT AND OWNERSHIP

The Services are the copyright of the Publisher, except as provided by the license agreements of third party software and terms of use of third party services incorporated into the Services. In addition, the Services use trademarks of Crookneck Consulting LLC. This agreement confers no intellectual property rights to you.

3. THIRD-PARTY SERVICES

You acknowledge and consent to the use of other 3rd party software and services as part of the Services as determined by the Publisher in its sole discretion.

4. ACCEPTANCE OF PRIVACY POLICY

You hereby acknowledge and accept the terms of the Publisher's Privacy Policy.

5. COMPATIBILITY

Our websites are intended for use in a standard web browser on a desktop or laptop computer, mobile phone or tablet. they may be accessible on other devices, but you accept that compatibility and usability may be limited and that certain functionality may be unavailable.

While we use reasonable efforts to maintain compatibility with current versions of major web browsers and operating systems, you acknowledge and accept that the Services may not function correctly, or at all, on some systems or devices. We may advise from time to time which operating system and browser versions are recommended for use. Such advice is subject to change without notice to you.

Depending on your location, you may be offered the opportunity to accept or reject purpose-specific cookies and similar technologies when you use the Services. In the event you reject certain cookie purposes, you accept that we will be unable to provide certain functionality to you. You may change your consent preferences at any time.

6. RESTRICTIONS ON USE

Without prior written authorization from us, you must not: (a) copy, translate, modify, or make derivative works of the Services or any part thereof; (b) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services available to third parties;(c) reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by applicable law, or unless specifically permitted as follows:

• Derivative works: you may transform or adapt data obtained from our APIs for your own use. Examples include (i) creating a chart or graph for display on a web page, or in a mobile app, or in print; (ii) displaying data in tabular form suitable for display to end users. However, derivative works that do not involve substantial adaptation or transformation of API data shall be considered as redistribution and are not permitted (examples include: transforming API data from JSON format to XML and making it available on a web site; adding styling information to a GeoJSON file obtained from our APIs and making it available for download)

For the avoidance of doubt, onward transmission of data obtained from our APIs to an individual end user or consumer, for example, from your server to an instance of your app running on a mobile device, does not constitute redistribution. However, storing a copy of an API response, such as a GeoJSON file, on your server and making it available from there, would constitute prohibited redistribution.

You agree not use the Services in any manner that would violate applicable laws or regulations. You agree not to use the Services for any harmful activities such as spamming, phishing or malware.

Use of any automated method to systematically retrieve content or data from our Services through the use of use of robots, spiders, crawlers, scripts, or other software ("Scraping") is expressly prohibited. Attempts to circumvent any anti-scraping measures we may employ constitutes a breach of this Agreement.

Users who engage in scraping activities may be held liable for any damages, losses, or consequences resulting from such activities, including potential legal fees and reparations.

7. USER ACCOUNTS

You may be required to create an end user account for use with the Services.

We reserve the right to delete or deactivate your account without notice if (i) the email address you provide is unreachable, (ii) you fail to verify your email address, (iii) the account remains unused for a period of more than 6 months, (iv) we have reason to believe the account has been created in order to access the Services fraudulently, including activities such as the avoidance of payment, or to obtain multiple free trials, (vi) we have reason to believe you have misrepresented your identity, or (vi) in cases of breach of this Agreement by you.

In case of breach, in our sole discretion, we may terminate your account by emailing you at your registered address giving notice that this Agreement has terminated.

Where the Services require you to sign in using an account, you agree that the account shall be used by you alone and shall not be intentionally shared with or disclosed to others. You agree to use reasonable efforts to keep your account details private and secure, and agree to notify us immediately by writing to support@radiantdrift.com if you know or suspect that your account is being used by or may have been accessed by a third party.

Creation of multiple accounts by the same person or for the same legal entity with the intention of avoiding payment for premium services (for example, to keep usage levels within a free plan tier) is strictly prohibited and such accounts are liable to suspension and/or termination without notice.

7.1 EMAIL COMMUNICATIONS

We identify user account using an email address. We use email to communicate with you in the following circumstances:

• Account related matters, such as password reset, email address verification, purchase confirmation, receipts, and other account, service or subscription related notifications. To stop receiving these emails, you may cancel any outstanding subscription and delete your account.
• Service related content, such as educational, tutorial and training material, information regarding feature or service availability or changes. You may opt-out of receiving these emails at any time without any limitation to your access to the Services by unsubscribing from the relevant email list using the link provided in such communications.
• With your explicit consent we will send marketing and promotional emails relating to the us, our partners, and the Services. You may opt-out at any time by unsubscribing from our marketing email list.
• Support related matters: if you contact our support team via email, we will reply to you via email.

For further information, please review our Privacy and Cookie policy.

8. REASONABLE USE AND CONDUCT

You agree that you are responsible for your own conduct while using the Services, and for any consequences thereof. You agree to use the Services only for purposes that are proper and in accordance with this Agreement and any applicable policies or guidelines we may make available. By way of example, and not as a limitation, you agree that when using the Services, you will not: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content; (c) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content; (d) upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements; (e) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, this Agreement or any applicable policies or guidelines posted by us; (f) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner; (g) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of content, software or other material; (h) restrict or inhibit any other user from using and enjoying the Services; (i) use any robot, spider, site search/retrieval application, or other device to retrieve, index or collect information about users for any unauthorized purpose; (j) promote or provide instructional information about illegal activities; (k) promote physical harm or injury against any group or individual; or (l) transmit any viruses, malware, worms, defects, Trojan horses, or any items of a destructive nature.

9. YOUR DATA

You are solely responsible for safeguarding and backing-up any data you enter into or obtain from the Services. The Publisher shall use reasonable skill and due care in providing the Services, but does not guarantee or warrant that any content you may store or access through the Services will not be subject to inadvertent damage, corruption, loss, theft or unauthorized access by third parties.

You hereby consent to us storing, backing-up, accessing and otherwise transforming, migrating or restoring any data you submit to us during the course of using the Services. This data may include personally identifiable information such as your name and email address. You acknowledge and agree that the Publisher's staff may have access to your data during the normal course of maintaining, repairing, debugging and monitoring the Services.

Data that you submit via the Services is backed up regularly by the Publisher for the purpose of service restoration in the case of a malfunction or other service affecting event. Upon deleting your account, your data is removed from our production databases, but may remain on our servers indefinitely in back-up form.

10. SUBSCRIPTIONS

In our sole discretion, we may offer paid subscriptions to access premium functionality within the Services. If you choose to purchase a subscription, the terms in this section are applicable to you.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

If you have, in good faith, made an error during the completion of your purchase and wish to make a change to your order, you may contact us at support@radiantdrift.com with details and we will make reasonable attempts to help correct such error.

Subscriptions are billed in advance on a monthly or yearly basis. By signing up for a subscription plan, you authorize our online reseller Paddle.com to bill such debit/credit card or other payment method that you provide on the date you purchase such subscription (the Effective Date) and subsequent renewal dates (if applicable) for the subscription fee due for the subscription term or renewal term.

Refunds and cancellation: initial subscription charges are refundable if you contact us at support@radiantdrift.com within 14 days of initial purchase (7 days for monthly plans). Subscription renewal charges are refundable if you contact us at support@radiantdrift.com with 7 days of the charge (3 days for monthly plans).

Your subscription will remain active until cancelled by you, us, or Paddle. You may update your payment method or cancel your plan online at our website at any time. You may alternatively request that we cancel your subscription by writing to us at support@radiantdrift.com. If you cancel your subscription prior to the expiry of the current subscription plan period (as displayed on the subscription page of our website), your plan will remain active until the indicated validity date, unless you request otherwise by writing to us. We do not offer refunds or credits for partial months of service, plan downgrades, or for time unused with an active subscription, including, but not limited to any remaining time period between cancellation and expiry.

In the event that a payment dispute is raised by you or your payment service provider, or due payment is not received by us in a timely fashion, we reserve the right to terminate your access to the Services.

Your use of and access to premium functionality provided by a subscription is subject to your compliance with this Agreement. In the event that we determine that you are in breach of this Agreement, we reserve the right to suspend or cancel your subscription.

11. USE OF APIs

We offer APIs or web services ("API" or "APIs"), which are typically accessed over the internet using the HTTP protocol or by other means that we may make available. You acknowledge that your access to these APIs is subject to the following restrictions and limitations:

• Platform wide, subscription tier specific, account specific, and/or IP address specific rate limits governing the number of requests that can be made in a given period of time. Rate limits may also vary based on the API end point. We publish applicable limits in our documentation and where a rate limit varies by subscription level, also on our website.
• We reserve the right to monitor access patterns and usage to detect and prevent Scraping or other unauthorized access. If we believe that our Services are subject to scraping or unauthorized access, we may disable without notice any accounts or other credentials associated with such access attempts.
• Access to the APIs may only be made using our published methods, URLs and supported authentication techniques.
• Availability and performance of the API (e.g. uptime, response times) are not subject to any service level guarantee, unless agreed in writing by the parties.
• You may not, without our prior written consent, store or distribute data or content obtained from the APIs in a shared cache, unless such caching is indicated as permitted by the Cache-Control or other applicable headers (as specified in RFC 7234 or its successors) included in our API response.
• If you publish an app or similar software that uses our APIs, you must use your own account and API keys to provide access to your end users. You must not encourage your end users to sign up individually for their own accounts and API keys, and you must not provide any user interface in your app or software to permit end users to apply their own API keys. Such behavior will be considered abusive and may result in legal action again you.
• Depending on your subscription plan (or if using a free plan), a usage based credit limit for API calls may apply to your account. The credit cost per API call may vary based on the end point called and parameters supplied. The usage credit limit is assessed periodically and if your account has exceeded its limit, we reserve the right to temporarily suspend your API keys until the end of the applicable usage period. Such credit costs, usage limits, and applicable usage periods shall be made available in our documentation. Please ensure you monitor your usage levels and upgrade your subscription if needed, or contact us to discuss increasing your available usage credit.

You must take reasonable steps to keep account IDs, API access keys, and similar credentials secure, and to ensure that are used appropriately for your use case. If you suspect a credential has been compromised, you must take immediate steps to disable or delete it, and inform us immediately by email to support@radiantdrift.com.

12. ATTRIBUTION REQUIREMENTS

Where we require attribution for content or data made available to you via the Services, you agree to conform with applicable attribution requirements as set out in our documentation.

In addition to our own attribution requirements, we may be legally obliged to ensure proper attribution for data or content from 3rd parties.

Attribution requirements may include, but are not limited to, the display of a specified logo or image, text, and/or link. Our documentation shall set out specific requirements including scope, duration, placement, and display of attribution.

12. BETA SOFTWARE

The Publisher may from time to time in its sole discretion make available a beta version of the Services. You acknowledge that beta software is incomplete, may not function correctly, may suffer from performance issues, may become unavailable without notice, and is subject to change at any time without prior notice to you.

13. TERMINATION

The Publisher reserves the right to terminate access to the Services, or any part thereof at any time without prior notice to you. You agree that the Publisher will not liable to you or any third party for any modification, withdrawal, amendment or loss of access by you to any part of the Services or the Services in whole, or for any loss of data or other consequential loss.

14. CHANGES TO THIS AGREEMENT

We reserve the right to modify this Agreement from time to time in its sole discretion, without prior notice to you.

15. DISCLAIMER

The Services and all content and data available via our APIs are provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, accuracy, correctness, and non-infringement. In no event shall the Publisher, authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of, or in connection with the Services or the use of or other dealings in the Services.

The Services may contain bugs, errors, problems, inaccuracies, or other limitations. The Publisher and affiliated parties have no liability whatsoever for your use of any information derived from the Services, or from use of the Services. In particular, but not as a limitation thereof, the Publisher and affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between you and the Publisher. The Services would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from the Publisher shall create any warranty, representation or guarantee not expressly stated in this Agreement.

All responsibility or liability for any damages caused by computer viruses, malware, or similar, contained within the application is disclaimed. The Publisher will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the Services.

Updated 25 March 2024
Rev 03