Terms of Service
Last updated October 14, 2026
These Terms of Service (the "Terms") are a legal agreement between you and Ecological Intelligence, Inc., a Delaware corporation ("Ecological Intelligence," "we," "us," or "our"), governing your use of the DeepEarth Simulator, including the website at deepearth.ai and related services (together, the "Service"). By creating an account, placing an order or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of an organization, you agree to these Terms on its behalf and represent that you are authorized to do so, and "you" refers to that organization.
1. The Service
The Service produces digital models of real sites from public data, licensed imagery and our own methods, including point clouds, 3D models, solar, wind, water and soil simulations, plant recommendations and related tools (the "Results"). The contents, price and expected delivery of each order are shown before you pay.
2. Eligibility and Accounts
You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate account information, keep your password confidential, and notify us promptly of any unauthorized use of your account. You are responsible for all activity under your account. Each account is for one individual; contact us about access for a team.
3. Customer Content
3.1 Ownership. As between you and us, you retain all rights in the site boundaries, files, designs and other materials you provide ("Customer Content") and, subject to Section 5, in the Results produced for you.
3.2 License to us. You grant us a non-exclusive, worldwide, royalty-free license to host, store, process, copy and display Customer Content solely as necessary to provide and support the Service for you, including through the service providers described in our Privacy Policy.
3.3 Your responsibilities. You represent that you have all rights necessary to provide Customer Content and that it does not violate any law or the rights of any third party.
4. Confidentiality and Machine Learning
We will keep Customer Content and Results confidential and will not disclose them to third parties except as described in our Privacy Policy, as required by law, or with your permission. We will not make a project public without your written permission. We will not use Customer Content or Results to train machine learning models that serve anyone other than you without your express written consent.
5. Third-Party Data
Results incorporate or are derived from data owned by third parties, including public data (such as USGS LiDAR and federal soil surveys), licensed aerial imagery, map services and plant databases ("Third-Party Data"). Subject to these Terms, you may use Results for your own projects and share them with your clients and collaborators on those projects. You may not resell or redistribute Third-Party Data on its own, remove any copyright or attribution notice from it, or use it to create a competing data product. Third-Party Data may be subject to additional terms of its provider.
6. Acceptable Use
You agree not to: (a) attempt to gain unauthorized access to the Service, other accounts or other customers' data; (b) probe, scan or test the vulnerability of the Service or circumvent its security; (c) interfere with or overload the Service; (d) scrape or copy the Service by automated means except through interfaces we provide for that purpose; (e) resell or sublicense access to the Service; (f) reverse engineer the Service except as permitted by law; or (g) use the Service in violation of any law or to harm others.
7. Fees and Payment
7.1 Prices. Prices are those shown when you place an order or subscribe. Payments are processed by Stripe, and you authorize us to charge the payment method you provide for all amounts due.
7.2 Subscriptions. Subscriptions renew automatically each month until cancelled. You may cancel at any time from your profile; cancellation takes effect at the end of the current paid period, and you retain access until then. Any free trial and what it includes are described when you begin it, and each account is eligible for one trial.
7.3 Credit. Credit you purchase may be applied to orders and does not expire. Promotional or trial credit may expire as stated when granted. Credit has no cash value and is non-refundable except as required by law or as provided in Section 8.
7.4 Taxes. Prices do not include taxes. You are responsible for any applicable taxes, which will be shown at checkout where they apply.
8. Delivery, Refunds and Cancellation
We will notify you by email when an order is ready, delayed or cannot be completed. If we are unable to deliver an order, we will refund it in full; if we are unable to deliver part of an order, we will refund the portion attributable to the undelivered part. Orders paid with credit are refunded as credit. You may cancel an order for a full refund while it is delayed waiting on an external data service. Other refund requests may be sent to us and will be considered in good faith.
9. Nature of Results
Results are models and estimates. They are prepared with care, and their methods and known limitations are described with them, but they are approximations, and certain values (such as plant traits identified as low confidence) are inferred rather than measured. Results are planning and design aids. They are not a land survey, an engineering, geotechnical, hydrological or structural analysis, a safety assessment, or professional advice, and must not be relied on as a substitute for one. Plant information, including toxicity, invasiveness and suitability, should be verified against local regulations and site conditions before planting. You are solely responsible for decisions made using Results.
10. Our Intellectual Property
The Service, including its software, models, methods, design and content (excluding Customer Content and Third-Party Data), is owned by Ecological Intelligence and its licensors and is protected by intellectual property laws. Except for the rights expressly granted in these Terms, no rights are granted to you.
11. Feedback
If you provide suggestions or feedback about the Service, we may use them without restriction or obligation to you. Feedback does not include Customer Content.
12. Changes to the Service
We may add, modify or discontinue features of the Service. If we discontinue a feature you have paid for and not yet received, we will refund the unused portion.
13. Term and Termination
These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, with notice where practicable. For 30 days after termination, you may download your Results or ask us for a copy of them, unless termination was due to your breach of Section 6. Sections 3.3, 5, 9, 10, 11 and 14 through 18 survive termination.
14. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE AND RESULTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECOLOGICAL INTELLIGENCE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND ONE HUNDRED U.S. DOLLARS (US$100). NOTHING IN THESE TERMS LIMITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.
16. Indemnification
You will defend, indemnify and hold harmless Ecological Intelligence and its officers, employees and agents from any third-party claims, damages and costs (including reasonable attorneys' fees) arising from your Customer Content, your use of Results, or your violation of these Terms or applicable law.
17. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Before filing a claim, each party agrees to try to resolve the dispute informally by sending the other a written description of it; if it is not resolved within 30 days, either party may proceed. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in the County of San Francisco, California, and each party consents to their jurisdiction, except that either party may bring an individual claim in a small claims court with jurisdiction over it.
18. General
These Terms, together with our Privacy Policy and any order terms shown at checkout, are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the remainder will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you may be sent to your account email address.
19. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms on this page with a new "Last updated" date and, for material changes, notify account holders by email before the changes take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.
20. Contact Us
Ecological Intelligence, Inc.
8240 SW Cattleya Dr.
Stuart, FL 34997
Email: lance@ecological.dev