Enterprise Terms of Service

DeForsight operates a cloud-based spatial intelligence platform designed for forestry concession holders (PBPH), timber processing mills, agribusiness supply chain operators, and sustainability compliance teams. The platform provides continuous environmental monitoring, regulatory due diligence support, and automated verification workflows.

The specific technical capabilities provided under the platform include, but are not limited to:

Customer retains sole and exclusive ownership of all right, title, and interest—including all patent, copyright, trademark, trade secret, and other intellectual property rights—in and to all Customer Data. 'Customer Data' means any data, spatial files, shapefiles, GeoJSON boundaries, concession coordinates, RKT harvest plans, supplier corporate identities, uploaded legal permits and licenses, quality control notes, field photos, and analyst annotations submitted or uploaded to the platform by or on behalf of the Customer.

Customer grants DeForsight a limited, non-exclusive, worldwide, royalty-free, revocable license strictly to host, store, copy, process, transmit, and display Customer Data solely to the extent necessary to provide, maintain, secure, support, and deliver the service to Customer in accordance with this Agreement.

DeForsight expressly warrants and covenants that: (a) it will not sell, rent, commercialize, or disclose Customer Data to any third party for commercial advertising or secondary purposes; and (b) it will treat all Customer Data as strictly Confidential Information, applying the same degree of care it employs to protect its own proprietary materials, but in no event less than a reasonable standard of care.

DeForsight and its licensors retain all right, title, and interest in and to the DeForsight platform, including all software code, application interfaces, algorithms, Siamese U-Net neural network architecture, model weights, trained feature representations, database schemas, workflow engines, documentation, visual designs, brand marks, and report templates ('DeForsight IP').

Except for the limited subscription access rights explicitly granted herein, nothing in this Agreement confers upon Customer any ownership, license, or interest in DeForsight IP. Customer shall not copy, modify, distribute, create derivative works of, reverse engineer, or attempt to extract source code or model weights from the platform.

DeForsight may compile and utilize aggregated, de-identified operational metadata and system telemetry (e.g., system response times, error frequencies, total compute utilization) strictly for the purpose of maintaining, securing, and optimizing platform performance, provided such metrics contain no Customer Data and cannot identify Customer or any individual.

DEFORSIGHT OUTPUTS—INCLUDING RADD ALERTS, SIAMESE U-NET PREDICTIONS, DISTURBANCE AREA CALCULATIONS, GROQ VISION 'AI INSIGHTS', NASA FIRMS HOTSPOTS, AND SIPONGI+ FIRE RECORDS—ARE DECISION-SUPPORT AND EARLY-WARNING SCREENING INDICATORS ONLY. THEY DO NOT CONSTITUTE CONCLUSIVE FORENSIC PROOF, BINDING LEGAL EVIDENCE, CERTIFIED BOUNDARY SURVEYS, OR STATUTORY DETERMINATIONS OF UNLAWFUL DEFORESTATION OR FIRE CAUSATION.

Customer acknowledges and agrees that earth-observation and automated analytical technologies are subject to inherent operational and scientific limitations, including:

DeForsight provides analytical workflows, alert screening, and dossier generation designed to assist organizations in preparing for compliance with environmental frameworks, including the European Union Deforestation Regulation (EUDR - Regulation (EU) 2023/1115), corporate No Deforestation, No Peat, No Exploitation (NDPE) commitments, Indonesian forestry regulations (PBPH, RKU, RKT, SVLK under PP No. 23/2021 & Permen LHK No. 8/2021), and voluntary certification schemes (RSPO, FSC, PEFC).

HOWEVER, DEFORSIGHT IS AN INDEPENDENT SOFTWARE VENDOR, NOT AN ACCREDITED CERTIFICATION BODY, GOVERNMENT REGULATORY AGENCY, OR LEGAL COUNSEL. Use of the platform does not guarantee statutory immunity, regulatory approval, or certification issuance.

Customer maintains sole legal and operational responsibility for the accuracy, completeness, and validity of its own due diligence statements, customs declarations, concession boundary verifications, and regulatory submissions to government authorities.

Customer accounts are organized into logically isolated multi-tenant workspaces. Access is controlled through Role-Based Access Control (RBAC):

Eligible new organizations may receive a complimentary seven (7) day evaluation trial following verification of the primary administrator's work email. Trial eligibility is restricted to verified corporate domains and is granted once per organization.

Each subscription plan defines specific resource entitlements and commercial quotas, including: (a) monthly AI prediction run allowances; (b) maximum concurrent pipeline executions; (c) authorized user seats; and (d) maximum active supplier concessions / AOIs.

Prediction run quotas are measured over each monthly billing cycle (or across the 7-day window for trials). When an organization exhausts its monthly quota, additional automated pipeline triggers are temporarily queued or paused until the commencement of the subsequent billing period or the execution of an upgraded plan order.

Upon trial expiration without an active paid subscription, the workspace transitions into a read-only state for a fourteen (14) day grace period, after which access is suspended until plan activation.

Until self-service payment gateway processing is activated, paid subscriptions are procured through enterprise subscription requests, written service orders, or official pro-forma invoices issued by DeForsight.

Subscription fees, billing frequencies (annual or monthly), currency (IDR or USD), user quotas, and effective service dates are specified in the applicable written order or invoice. Invoices are payable within the net terms stated on the invoice (typically 14 to 30 calendar days from invoice date) via bank wire transfer.

All fees are exclusive of applicable taxes, levies, or duties (including Indonesian Value Added Tax / PPN), which will be added to invoices as required by governing tax authorities. Customer is responsible for remitting all applicable withholding taxes and providing official withholding tax receipts (Bukti Potong) where applicable.

Except as expressly provided in a written enterprise order or mandated by applicable law, all paid subscription fees are strictly non-refundable, including for unused monthly prediction quotas, early cancellation, or account suspension resulting from Customer breach.

DeForsight reserves the right to adjust plan pricing and quota structures prospectively upon providing at least thirty (30) calendar days' prior written notice to Customer before the start of any renewal period.

Customer agrees to use the platform in strict accordance with all applicable Indonesian and international laws, including the Indonesian Forestry Law (UU No. 41/1999 jo. UU No. 6/2023), the Electronic Information and Transactions Law (UU ITE), and cybersecurity regulations. Customer and its authorized users shall not:

Customer acknowledges that DeForsight integrates data feeds and cloud infrastructure operated by external entities, including: (a) Google Cloud Platform and Google Earth Engine; (b) European Space Agency (ESA) Copernicus satellite systems; (c) NASA FIRMS; (d) Republic of Indonesia Ministry of Environment and Forestry (KLHK) SiPongi+; (e) Groq Inc. vision inference infrastructure; and (f) Cloudflare edge security.

While DeForsight maintains high-availability architecture and monitoring, DeForsight is not liable for service interruptions, data feed delays, satellite orbital gaps, or API throttling caused by upstream external providers or government agency downtime beyond DeForsight's reasonable commercial control.

Mutual Warranty: Each party represents and warrants that it has the full legal power and authority to enter into this Agreement, and that its performance hereunder will comply with all applicable laws and regulations.

Performance Warranty: DeForsight warrants that the platform will operate substantially in accordance with published system specifications under normal operational conditions.

DISCLAIMER OF WARRANTIES: EXCEPT AS EXPRESSLY SET FORTH HEREIN, DEFORSIGHT PROVIDES THE SERVICE, ALGORITHMIC PREDICTIONS, HOTSPOT FEEDS, AND REPORTS ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEFORSIGHT DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF SATELLITE DERIVATIONS, AND NON-INFRINGEMENT.

Indemnification by DeForsight: DeForsight shall defend, indemnify, and hold harmless Customer and its officers, directors, and employees from and against any direct third-party claim, action, or proceeding alleging that Customer's authorized use of the DeForsight platform infringes any valid patent, copyright, or trademark of a third party, and shall pay any damages finally awarded by a court of competent jurisdiction or agreed in settlement, provided that Customer: (a) promptly gives written notice of the claim; (b) grants DeForsight sole control of the defense and settlement; and (c) provides reasonable cooperation.

Indemnification by Customer: Customer shall defend, indemnify, and hold harmless DeForsight and its affiliates, officers, directors, and employees from and against any third-party claim, liability, loss, or expense (including reasonable legal fees) arising out of or related to: (a) Customer Data, including any claim that Customer Data infringes third-party intellectual property or violates applicable environmental or forestry laws; (b) Customer's breach of Section 10 (Acceptable Use); or (c) adverse commercial, legal, or regulatory actions taken by Customer against third parties in breach of the mandatory ground-truthing requirements under Section 5.

WAIVER OF CONSEQUENTIAL DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, NOR FOR ANY LOSS OF PRODUCTION, TIMBER YIELD, COMMODITY CONTRACT LOSS, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR REGULATORY FINES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AGGREGATE MONETARY CAP: TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO DEFORSIGHT UNDER THE APPLICABLE SUBSCRIPTION IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

EXCLUSIONS: THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 14 SHALL NOT APPLY TO: (A) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 13; (B) BREACHES OF CONFIDENTIALITY OBLIGATIONS UNDER SECTION 3; OR (C) LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Term: This Agreement takes effect on the date Customer registers an account or executes a service order and continues until all subscriptions hereunder have expired or been terminated.

Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party: (a) materially breaches this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice; or (b) becomes insolvent, files for bankruptcy, or undergoes liquidation.

Suspension: DeForsight may immediately suspend access if Customer's use threatens the security, integrity, or availability of the platform, violates Section 10 (Acceptable Use), or remains unpaid after notice.

30-Day Data Export Guarantee: Upon termination or expiration of this Agreement, Customer shall have a thirty (30) calendar day read-only grace period to export its Customer Data, AOI boundaries, QC logs, and generated compliance reports via the platform's standard export endpoints (PDF, DOCX, GeoJSON, CSV). Following this 30-day window, DeForsight shall permanently delete Customer Data in accordance with its standard data sanitization protocols, subject to legal and regulatory retention obligations.

Governing Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Indonesia. The parties explicitly recognize the applicability of Law No. 11 of 2008 as amended by Law No. 1 of 2024 on Electronic Information and Transactions (UU ITE), Government Regulation No. 71 of 2019 (PP PSTE), and Law No. 27 of 2022 on Personal Data Protection (UU PDP).

Amicable Executive Negotiations: Before initiating formal legal proceedings, the parties agree to make good-faith efforts to resolve any dispute, controversy, or claim arising out of this Agreement through executive consultation. Either party may issue a formal written Notice of Dispute, and designated senior executives of both parties shall meet (in person or via videoconference) within fifteen (15) business days to negotiate a resolution.

Binding BANI Arbitration: If the dispute is not resolved amicably within thirty (30) business days from the date of the Notice of Dispute, the dispute shall be referred to and finally resolved by binding arbitration administered by the Indonesian National Board of Arbitration (Badan Arbitrase Nasional Indonesia - BANI) in accordance with the BANI Arbitration Rules for the time being in force. The seat of arbitration shall be Jakarta, Indonesia. The tribunal shall consist of one (1) arbitrator appointed in accordance with said Rules. The language of arbitration shall be Indonesian (with English translations of technical documents permitted). The arbitral award shall be final, binding, and enforceable in any court of competent jurisdiction.

Official Legal Contact: Notices under this Agreement shall be delivered in writing to: [email protected].