Terms of Use

Learn about the terms of use for Ypsilon through ypsilon.services, including license, usage restrictions, electronic communications, copyrights, and trademarks.

Vista Geowissenschaftliche Fernerkundung GmbH (hereinafter: “Vista-Geo”), a private company registered in Munich, Germany, provides Ypsilon through this website to you, subject to these terms of use ("Terms").

“Ypsilon” means the regional and national Yield forecast and Harvest pace which services are developed by Vista-Geo based on publicly available satellite images, public meteorological data of the last ten years and Promet (being a hydro-agroecological model for field-scale simulation of heterogeneous crop growth and yield).

The Terms constitute a legal agreement between you and Vista-Geo and govern all use of this website, including the use of Ypsilon. Access to and use of any other site, product or service, including those referenced herein or linked to from this site, are governed by the terms of the Subscriber Agreement or other agreement related to Ypsilon or site. By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. We may update these Terms at any time, with or without notice to you. Each time you access this website, you agree to be bound by the Terms then in effect. If you do not agree to these Terms, please do not use this site.

1. Privacy

Please review our privacy statement for a description of our privacy practices and an explanation of how we may use any personal information we collect on this website.

2. Database Rights, Copyrights and Trademarks

The technology and content of Ypsilon as published on this website are owned by Vista-Geo and protected by European and international intellectual property laws. Vista-Geo retains all proprietary rights to the content and technology of Ypsilon.

3. License

By offering this website for use of Ypsilon, we provide you with a worldwide, nonexclusive, non-transferable, revocable, limited license to access and use of Ypsilon on this website, strictly subject to and in accordance with these Terms. We reserve the right to terminate this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, with or without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited license set forth in these Terms, Vista-Geo does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

4. Usage Restrictions

By accessing, browsing, or using this website, you agree to the following restrictions:

You will not use, intentionally or unintentionally any of the content, information, or services on this website in a manner contrary to or in violation of any applicable international, or local law, rule, or regulation having the force of law.
You will not use this website in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of our computer systems, including, but not limited to, the servers, networks, and other components connected to or used for this website
You will not interfere with any other party's use and enjoyment of this website, or of any of the content, information, or services provided on this website;
To the extent that you are able to upload, post or otherwise transmit content using this site you will not upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
You will not upload, post, or otherwise transmit any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
You will not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for this website, through password mining, hacking, or any other means;
You will not seek to gain access to any materials or information through any means not intentionally made available by us;
You will not reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit this website, or any portion hereof without Vista-Geo’s prior written consent;
You will not use any framing techniques to enclose any portion of this website (including, but not limited to, images, text, page layout, and form) without Vista-Geo’s prior written consent;
You will not make any use of the trademarks, service marks, trade names, logos, and graphics on this website without Vista-Geo’s prior written consent;
You will not use any network monitoring or discovery software to determine Ypsilon, the site architecture, or extract information about usage, individual identities, or users; and
You will not use any robot, spider, other automatic software or device, or manual process to monitor or copy our website or the content, information, or services on this website without Vista-Geo’s prior written consent.

5. Disclaimer of warranties and limitation of liability

Vista-Geo provides this website and Ypsilon "as is," without warranty of any kind, express or implied, including, but not limited to:

warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, correctness, and delays;
warranties that access to any product will be uninterrupted, secure, complete, or error free;
warranties as to the life of any URL or third-party web service; and
warranties with regard to any content or software that has been modified in any way by anyone other than, and without the express approval of Vista-Geo.

By accessing, browsing, or using this website, you acknowledge that

provision of content of data and software entails the likelihood of some human and machine errors, delays, interruptions, and losses, including the inadvertent loss of data or damage to media;
this site, and Ypsilon may not satisfy customer requirements not expressly stated in the customer agreement.

In no event will Vista-Geo be liable, in contract, tort, strict liability, or otherwise, for indirect, incidental, special, punitive, or consequential damages of any kind arising out of, or in connection with use of this website and the use of Ypsilon, whether or not Vista-Geo has been advised of the possibility of such damage;

any claim(s) relating in any way to customer's inability or failure to perform research or other work or to perform such research or work properly or completely, even if assisted by Vista-Geo;
any decision made or action taken by customer in reliance upon the availability of or content made available through this website.

6. No legal advice

The information and services on this website are not intended to and shall not be used as legal advice. No attorney-client relationship is formed. You use Ypsilon, and any other content, information, and services on this website at your own risk.

ADVERTISERS

7. Links to third party sites

This webiste may provide links to other third-party World Wide Web sites or resources. Vista-Geo makes no representations whatsoever about any other web site which you may access through this Site. Because Vista-Geo has no control over such sites and resources, you acknowledge and agree that Vista-Geo is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Vista-Geo makes no representation or warranty as to any third-party content, products or services, and you agree that Vista-Geo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.

8. Registration and account information

This website requires you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you believe there has been unauthorized use, you must notify us immediately.

9. Termination

You acknowledge and agree that Vista-Geo, in its sole discretion, may terminate your website access if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason, Vista-Geo shall not be liable to you or any third party for termination of website access. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the website.

10. Indemnification

You agree to indemnify, defend, and hold Vista-Geo and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you.

11. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of Germany, and any action arising out of or relating to these Terms shall be filed only to the courts in Munich, Germany, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

11. Severability of provisions

If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

12. Contact information

If you have any questions about these Terms, or about the content, information, or services on this website, you may contact us using any of the methods described on our contact us page.

YPSILON SUBSCRIPTION AGREEMENT

Vista GmbH, a limited liability company, incorporated and existing in accordance with the laws of Germany, having its registered office at Gabelsbergerstr. 51, München, Germany, being the provider of Ypsilon, hereinafter referred to as "Vista";

and

The receiver of Ypsilon hereinafter referred to as “Service Receiver“ or “SR”:

Vista agrees to provide the data and services to SR described in paragraph 1 hereof, and SR subscribes to such data and services in accordance with this Agreement.

1. YPSILON.

Ypsilon provided hereunder (the “Services”) shall consist of a nonexclusive and non-transferable right to use the Ypsilon service information, data, and software.

2. Term.

This Agreement shall be effective from the first time the SR receives any Data. (i) SR shall have the right to terminate this Agreement at any time upon not less than 60 days’ prior written notice to Vista and upon payment of the charges set forth in paragraph 3 hereof; and (ii) Vista shall have the right to terminate this Agreement at any time immediately upon written notice to SR if SR breaches any of the provisions of this Agreement or the terms of use of the website Ypsilon is accessed.

3. Charges.

SR agrees to pay Vista the fees and charges set forth within the individual offer for the SR, together with (i) any applicable taxes for Ypsilon, and (ii) any levies or fees imposed or charged by exchanges or other information services or sources displayed through Ypsilon at SR’s request.
If SR terminates this Agreement pursuant to paragraph 2(a) hereof or Vista terminates this Agreement pursuant to paragraph 2(a) hereof, SR shall be liable for all amounts due.

4. Distribution of Ypsilon.

Vista shall distribute Ypsilon through this website https://www.ypsilon.services/ and the access to this website will be subject to Terms of Use. Vista can also distribute Ypsilon via e-mail if explicitly agreed upon with the SR.

5. Warranties and Limitations of Liabilities.

Each time SR uses Ypsilon, SR shall be deemed to represent, warrant and covenant to Vista that: (i) it has all requisite regulatory and legal authority to enter into and be bound by this Agreement; and (ii) its use of Ypsilon complies with all applicable laws, rules and regulations.
Vista AND ITS AFFILIATED COMPANIES MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE ATTAINED BY SR OR OTHERS FROM THE USE OF YPSILON AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. The information and data contained in Ypsilon are derived from sources deemed reliable, but Vista, its Affiliated Companies and its and their suppliers do not guarantee the correctness or completeness of any programs, data or other information furnished in connection with Ypsilon. To the maximum extent permitted by law, Vista and its Affiliated Companies shall not be responsible for or have any liability for any damages caused by delays or interruptions of Ypsilon, from whatever cause, SR is solely responsible for the accuracy and adequacy of the data and information used by it and the resultant output thereof. Vista and its Affiliated Companies shall have no liability or responsibility for the security or maintenance of any data input by SR.
Vista, its Affiliated Companies, its and their suppliers and its and their third-party agents shall have no responsibility or liability, contingent or otherwise, for any damages, whether caused by the negligence of Vista or its Affiliated Companies or any of its and their employees, subcontractors, agents, equipment vendors or otherwise, arising in connection with Ypsilon rendered under this Agreement and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against SR by any other party.
SR shall indemnify, hold harmless and at SR’s expense defend Vista and its Affiliated Companies against any loss, claim, demand or expense (including reasonable attorneys’ fees) arising in connection with a breach of this Agreement by SR or the use of Ypsilon by SR.
Notwithstanding anything to the contrary in this Agreement, to the extent permitted by law, the aggregate liability of Vista and its Affiliated Companies arising in connection with this Agreement and Ypsilon for damages, regardless of the form of the action, shall not exceed the fees paid by SR for Ypsilon during the three months preceding the first loss or damage, and this shall be SR’s exclusive remedy.

6. Remedies.

If SR or any of its employees, representatives or affiliates breaches or threatens to breach any provision of this Agreement, Vista shall be entitled to injunctive relief to enforce the provisions hereof, but nothing herein shall preclude Vista from pursuing any action or other remedy for any breach or threatened breach of this Agreement, all of which shall be cumulative. If Vista prevails in any such action, Vista shall be entitled to recover from SR all reasonable costs, expenses and attorneys’ fees incurred in connection therewith. As reasonable protection of the proprietary rights of Vista and others in the information provided through Ypsilon and Equipment, to avoid breach of Vista obligations to providers of such information, and to avoid unnecessary uncertainty, burden, and expense for all parties, SR acknowledges and agrees that the dissemination or distribution by SR of information identical or similar to that provided through Ypsilon and the Equipment shall be deemed a breach of the terms of paragraphs 9(a) through 9(d) hereof and shall give rise to an immediate right of Vista to terminate this Agreement or any portion of Ypsilon provided hereunder.

7. Parties.

SR recognizes that (i) Vista, (ii) its Affiliated Companies, (iii) the respective partners, and suppliers of Vista and its Affiliated Companies, and (iv) the respective affiliates of the entities covered in subparagraph (iii) ((iii) and (iv) together, the “Covered Entities”), each have rights with respect to Ypsilon, including the software, data, information and other items provided by Vista and its Affiliated Companies by reason of SR’s use of Ypsilon. Paragraphs 5 and 6 hereto shall be for the benefit of Vista, its Affiliated Companies, the Covered Entities and the respective affiliates. The term “Vista” as used in paragraphs 5 and 6 hereto includes Vista, its Affiliated Companies and the Covered Entities.

8. Scope of Ypsilon.

Ypsilon is solely and exclusively for the use of service receivers and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of this Agreement. SR acknowledges that Ypsilon is developed, compiled, prepared, revised, selected and arranged by Vista through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitute valuable industrial and intellectual property and trade secrets of Vista. SR agrees to protect the proprietary rights of Vista and all others having rights in Ypsilon during and after the Term. SR acknowledges and agrees that it has no ownership rights in and to Ypsilon and that no such rights are granted under this Agreement. SR shall honour and comply with all written requests made by Vista or its suppliers to protect their and others’ contractual, statutory and common law rights in Ypsilon and the Equipment with the same degree of care used to protect its own proprietary rights, which in no event shall be less than reasonable efforts. SR agrees to notify Vista in writing promptly upon becoming aware of any unauthorized access or use by any party or of any claim that Ypsilon or the Equipment infringe upon any copyright, trademark, or other contractual, statutory or common law rights.
The analysis and presentation included in Ypsilon shall not be recirculated, redistributed or published by SR except for internal purposes without the prior written consent of Vista and, where necessary, with certain sources of the information included in Ypsilon.
SR shall not use any of Vista or its Affiliated Companies’ trademarks, trade names, or service marks in any manner which creates the impression that such names and marks belong to or are identified with SR, and SR acknowledges that it has no ownership rights in and to any of these names and marks.
SR acknowledges and agrees that Vista may delegate certain of its responsibilities, obligations and duties under or in connection with this Agreement to a third party or an Affiliated Company of Vista, which may discharge those responsibilities, obligations and duties on behalf of Vista.

9. Assignment.

SR shall have the right to assign this Agreement or the rights hereunder only with the written consent of Vista which, in the case of an assignment by SR to any of its affiliates that are in substantially the same business as SR, shall not be unreasonably withheld.

10. Complete Agreement; Modifications or Waivers; Form; Inquiries.

No changes, modifications or waivers regarding this Agreement shall be binding unless in writing and signed by the parties hereto.

11. Validity.

Vista and SR intend this Agreement to be a valid legal instrument. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected and shall be valid and enforceable to the fullest extent permitted by law. The invalid provision shall be reformed to the minimum extent necessary to correct any invalidity while preserving to the maximum extent the rights and commercial expectations of the parties. The headings in this Agreement are intended for convenience of reference and shall not affect its interpretation.

12. Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the Germany. The parties hereto, their successors and assigns, agree to submit to the exclusive jurisdiction of the competent court in Munich.

13. Survival.

Paragraphs 4, 5, 6, 7, 11 and 12 hereof shall survive the termination of this Agreement and shall continue in full force and effect.