TERMS AND CONDITIONS APPLICABLE TO NEARMAP AI AND RELATED PRODUCTS - EFFECTIVE 8 APRIL 2021
The Terms and Conditions set out in clause 1 "AI Attributes: General Provisions" below apply to all Nearmap AI related Products.
1. AI Attributes: General Provisions
(a) AI Attributes have been computed under the parameters set out in Knowledge Hub.
(b) The Licensee must not use AI Attributes as training datasets on its machine learning models or automated processes, or to create such models or processes, which enables the Licensee to run such models or processes independently without the use of Nearmap’s AI Attributes, after termination or expiry of the Agreement.
(c) Subject to the delete and destroy obligations under this Agreement, the Licensee may store and use AI Attributes exported from the Website, an API or as provided by Nearmap for the Permitted Purposes only.
(d) The Licensee shall, within seven (7) days from the expiry or termination of the Agreement, provide Nearmap a certification declaring that it has deleted and destroyed all AI Attributes.
(e) The G-NAF End User Licence Agreement published here are incorporated by reference and apply to the use of AI Attributes.
2. Specific Licensing Terms: Nearmap AI
(a) AI Attributes can be viewed through the Website within the Coverage Area.
(b) AI Attributes can be exported through the Website and/or through an API (if API Feature API is an included Product) in formats which may include geospatial file format and flat file format.
(c) AI Attributes for a defined area of interest of parcels can be exported up to the allocated Usage Allowance. Each time the Licensee selects an area of interest for export, it will be deducted from the Usage Allowance. Unused Usage Allowance will not be rolled over to the next Period.
(d) Where a selected area of interest exceed the remaining Usage Allowance, the Licensee will be unable to request the export .
(e) Once the Licensee has used its Usage Allowance it will no longer be able to request an export unless it elects to purchase Top Up Blocks or until its Usage Allowance resets.
(f) Additional terms related to Usage Allowance are set out in the Knowledge Hub.
3. Specific Licensing Terms: AI Packs
The type of AI Attributes that can be viewed and/or exported will depend on the AI Pack licensed by the Licensee. Full details of the data layers connected to a particular AI Pack can be found at the Knowledge Hub. The type of AI Pack available to the Licensee will be set out in the Quote.
4. Specific Licensing Terms: AI Feature API
(a) Each time the Licensee exports AI Data through the AI Feature API, it will be counted towards the Licensee’s Usage Allowance allocated for the Nearmap AI product.
(b) Nearmap may, from time to time, retire an API, or provide, updates or new releases to the API for use by the Licensee (“API Update”). Nearmap will provide 30 days written notice, prior to the date of the API Update. If the Licensee fails or otherwise refuses to update or integrate the API Update, Nearmap shall not be responsible or liable to the Licensee for any failure to meet its obligations under this Agreement.
(c) The AI Pack(s) licensed to the Licensee will determine what type of AI Data can be exported through the API.
5. Specific Licensing Terms: AI Offline Parcel, AI Offline Vector and AI Offline Raster
The type and frequency of AI layers to be provided to the Licensee will be set out in the Order Summary up to the Usage Allowance.
(a) AI Attributes means the “AI layers” made available from the Website (which are not exportable) and the exportable “AI parcel” data.
(b) AI Data means the AI Attributes for a Query AOI.
(c) API means an application programming interface.
(d) Knowledge Hub means the user guides, operating operating manuals, training materials, product/service descriptions, product/service specifications, technical manuals, supporting materials, specifications, and other information relating to the Products, including all subsequent revisions and additions thereto as published on our Knowledge Hub.
(e) Order Summary means the “Order Summary” document provided by Nearmap to the Licensee.
(f) Query AOI means the user defined area of interest for a property boundary inputted by the Licensee such as a city block or an arbitrary shape.
(g) Top Up Block means additional Usage Allowance as measured by additional Parcels or Credits purchased by the Licensee during the Term.
(h) Usage Allowance for:
(i) Nearmap AI means the “Parcel” allowance as specified in the Quote, plus the aggregate Parcel allowance for purchased Top Up Blocks for that Period; and
(ii) AI Offline Parcel, AI Offline Vector or AI Offline Raster means the ”Credit” allowance as specified in the Quote, plus the aggregated Credit allowance for purchased Top Up Blocks for that period.