End-User License Agreement

Last updated: June 2026

This End-User License Agreement (the “EULA”) is a legal contract between you (“Customer”) and Austin Geo (the “Provider”) for the use of the Austin Geospatial Innovation software-as-a-service offering (the “Service”), including any updates, supporting materials, and associated documentation. By accessing or using the Service, you agree to be bound by this EULA. If you do not agree, do not access or use the Service.

Marketplace customers: when you subscribe to the Service through Google Cloud Marketplace, this EULA applies in addition to the Google Cloud Marketplace Standard Marketplace EULA and the Google Cloud Cloud Services Agreement. In case of conflict between this EULA and the Standard Marketplace EULA, the Standard Marketplace EULA controls.

1. Definitions

• “Service” means the Austin Geospatial Innovation hosted application made available by Provider, including its web user interface, APIs, conversational agent, code-execution sandbox, and outputs.
• “Customer Data” means any data, content, or material submitted to the Service by Customer, including chat messages, parameters, files attached to sessions, saved scripts, and the inputs to any analysis.
• “Generated Output” means any maps, charts, thumbnails, reports, statistics, narratives, code, or other artifacts produced by the Service in response to Customer requests.
• “Third-Party Data” means geospatial datasets, satellite imagery, and other information accessed by the Service from sources operated by parties other than Provider, including without limitation the U.S. Geological Survey, U.S. Department of Agriculture, European Space Agency, and the Google Earth Engine data catalog.
• “Subscription” means an active paid or trial entitlement to the Service procured through Google Cloud Marketplace or directly from Provider.

2. License grant

Subject to Customer’s compliance with this EULA and payment of all applicable fees, Provider grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the term of the Subscription, solely for Customer’s internal business purposes. All rights not expressly granted are reserved by Provider.

3. Restrictions on the Service

These restrictions apply to the Service platform itself — the Austin Geospatial Innovation SaaS product, its web UI, APIs, backend code, conversational agent runtime, sandbox, and underlying infrastructure. They do not restrict what Customer does with the maps, charts, thumbnails, reports, exported Earth Engine assets, agent-generated Python snippets, or other artifacts the Service produces at Customer’s request — those are the Customer’s Generated Output and are governed by Section 4.

Customer shall not, and shall not permit any third party to:

• copy, modify, translate, host, or create derivative works of the Service’s software, UI, or backend code (as distinct from the Generated Output produced by the Service in response to Customer’s requests, which Customer is free to use, modify, and redistribute under Section 4);
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, agent system prompts, tool definitions, or algorithms of the Service, except to the limited extent applicable law expressly permits;
• rent, lease, lend, sell, sublicense, assign, or otherwise transfer Customer’s Subscription rights in the Service to another party;
• use the Service to build, benchmark, or improve a directly competing conversational geospatial-analysis product without Provider’s prior written consent (using the Service to inform Customer’s own internal analytical work, decision-making, and downstream products is expressly permitted);
• attempt to bypass, disable, or circumvent the code-execution sandbox, prompt/response screening (regex layer or Cloud Model Armor), tier and CDU rate limits, authentication, or any other security or access control;
• attempt prompt-injection, jailbreak, social-engineering, or other attacks intended to manipulate the Service’s behavior or to cause it to disclose system instructions, credentials, service-account keys, environment variables, other Customers’ data, or other internal information;
• use the Service’s outputs to develop, train, fine-tune, distill, or evaluate any machine-learning model, large language model, or generative-AI system that is intended to replicate or replace the Service (using outputs to inform Customer’s own map-generation, land-cover analysis, or geospatial-reporting workflows is not restricted);
• use the Service to attempt to scrape, mirror, or reconstruct proprietary or licensed geospatial datasets accessed through Google Earth Engine or other Third-Party Data providers, or to bulk-download imagery, tiles, or dataset contents beyond what is reasonably necessary for the Customer’s stated analysis;
• use the Austin Geospatial Innovation name, Austin Geo name, or Provider’s logos or trademarks to endorse, market, or misrepresent Customer’s own products or research outputs as being certified, verified, or endorsed by Provider, without express written consent;
• misrepresent AI-generated Output as human-verified, peer-reviewed, professionally surveyed, or otherwise carrying a warranty it does not have (see Section 7 — all Output is AS IS and requires independent verification before use in decision-making);
• use the Service in violation of applicable export-control, sanctions, anti-corruption, anti-money-laundering, privacy, or other laws or regulations;
• submit to the Service any data that is unlawful for Customer to collect or process, that infringes the rights of any third party, or that constitutes “protected health information” under HIPAA, payment-card data under PCI DSS, biometric identifiers under any applicable law, or the personal data of children under the age of 13;
• use the Service to generate or distribute content that violates Google’s Terms of Service, the Generative AI Prohibited Use Policy, or the policies of any underlying data provider (including but not limited to the Google Earth Engine Terms of Service).

4. Customer Data and Generated Output

Ownership of Customer Data. As between the parties, Customer retains all right, title, and interest in Customer Data. Provider acquires no ownership in Customer Data other than the limited license set out below.

License to Provider. Customer grants Provider a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, and process Customer Data solely to provide and improve the Service, to maintain security and integrity, and to comply with law.

Ownership of Generated Output. As between the parties, Customer owns the Generated Output produced from its sessions — including maps, charts, thumbnails, filmstrips, GIFs, tabular reports, exported Earth Engine assets, the Python code the agent writes to produce those artifacts, and the narrative text of the agent’s responses. Provider claims no ownership in Generated Output and does not require Customer to obtain further permission from Provider to use it.

Customer’s permitted use of Generated Output. Customer may freely take, copy, use, modify, republish, incorporate into other work, share with third parties, and commercialize Generated Output, including the agent-written Python code, provided that:

• Third-Party Data licenses are respected. Where Generated Output incorporates or is derived from Third-Party Data (Landsat, Sentinel, LCMS, NLCD, WorldPop, commercial imagery, etc.), Customer’s use is subject to that data provider’s license terms, including any required attribution. Provider recommends carrying forward the standard citations (e.g. USGS/NASA Landsat, ESA Copernicus Sentinel, USDA Forest Service LCMS) exactly as the underlying dataset requires. When in doubt, consult the Earth Engine Terms of Service and the dataset’s catalog entry.
• Attribution to the Service is appreciated but not required. A credit line such as “Generated using Austin Geospatial Innovation” is welcome where the format allows (reports, publications, presentations). Provider does not require it as a condition of use, but Customer must not affirmatively strip or falsify attribution the Service places into an artifact (e.g., dataset citations rendered on a map figure).
• No misrepresentation. Customer must not present Generated Output as human-authored, peer-reviewed, professionally surveyed, or otherwise carrying warranties it does not have. See the disclaimer in Section 7.
• Regeneration rights. The same prompt may produce different Generated Output on different runs (model updates, non-determinism). Customer’s rights attach to whichever specific outputs Customer receives; Provider does not commit to reproducing any particular output on demand.

Custom Scripts. Parameterized code blocks Customer saves to the Service’s “Scripts” feature are Customer’s to export, share, and reuse outside the Service on the same permissive terms as other Generated Output.

No implied grant in Provider IP. Nothing in this Section 4 grants Customer rights in the Service software itself, in Provider’s trademarks, or in any component listed under Section 3 (Restrictions on the Service).

5. Fees, billing, and pricing changes

5.1 Billing model

The Service is offered on a month-to-month subscription basis. Each Subscription runs for a one-month billing cycle and renews automatically at the end of each cycle unless Customer cancels prior to renewal or Provider notifies Customer of non-renewal. There is no minimum commitment beyond the current month. An "annual" or multi-month commitment applies only if expressly stated in a written order form signed by both parties.

Each Subscription tier includes a monthly allowance of Cloud Data Units ("CDUs"), a Provider-defined unit that aggregates Customer’s consumption of language-model tokens, Earth Engine compute, and other billable resources. CDUs are non-transferable between Customers, do not accrue interest, and (unless expressly stated for a specific tier) do not roll over from cycle to cycle: any unused monthly allowance is forfeit at the start of the next cycle.

5.2 Payment channel

Fees are billed through whichever channel Customer used to procure the Subscription:

• Google Cloud Marketplace. All fees, taxes, billing, invoicing, refunds, and payment methods are handled by Google in accordance with the Marketplace Standard EULA and the Cloud Services Agreement. Customer’s payment relationship is with Google. Provider receives entitlement notifications and reports metered consumption via the Google Cloud Commerce Procurement and Consumer Procurement APIs.
• Direct signup (Stripe or equivalent processor). Fees are charged to the payment method Customer provides at signup, on the same monthly anniversary each cycle. Payment processing is performed by a third-party processor named on the checkout page and in the Privacy Policy.
• Enterprise / IAP-gated tenants. Fees are set out in the applicable written order form or master services agreement and are payable per the invoice terms stated there (net-30 default).

5.3 Pricing changes — 30-day notice; month-to-month price lock

Provider may change the price of any Subscription tier at any time by publishing revised pricing at the Provider’s pricing page, at the Google Cloud Marketplace listing, or in a written notice to Customer’s billing contact of record. Any such change becomes effective only at the start of the next monthly billing cycle that begins at least thirty (30) days after the notice is given (or such longer period as Google Cloud Marketplace requires for its channel). The price in effect at the start of a cycle is the price Customer is bound to pay for that entire cycle — in other words, Customer is committed to a given price for one month at a time and may accept or reject the new price at the end of that month.

Customer’s remedies. If Customer objects to a price change, Customer may cancel the Subscription with effect at the end of the current cycle, and no further fees at either the old or new price will accrue. Continuing to use the Service after the change takes effect constitutes acceptance of the new price for subsequent cycles.

Marketplace channel. Where the Subscription is procured through Google Cloud Marketplace, the price-change notice and acceptance mechanics are additionally subject to the Marketplace pricing-change policy set by Google, which may impose longer notice periods and/or its own opt-out flow. Where Google’s policy conflicts with this Section 5.3, Google’s policy controls for the Marketplace channel only.

5.4 Tier changes — upgrades immediate, downgrades at cycle end

Customer may change tiers at any time. Upgrades take effect immediately, the new tier’s allowance replaces the current tier’s allowance (any already-consumed CDUs count against the new allowance), and the difference in monthly fee is prorated to the remaining days of the current cycle. Downgrades take effect at the start of the next billing cycle so the Customer receives the full month it has already paid for.

5.5 Overage

Some tiers allow consumption beyond the included monthly CDU allowance ("overage") at a per-CDU rate set out in the tier description. Overage accrues in real time, is reported via the applicable payment channel at the end of each cycle, and is invoiced or charged in the same cycle as the base subscription fee. Some tiers are hard-capped and do not allow overage — in those tiers, consumption stops when the monthly allowance is exhausted until Customer tops up or upgrades.

5.6 Taxes

All fees are stated exclusive of taxes. Customer is responsible for all sales, use, value-added, and similar taxes assessed on the Service other than Provider’s income taxes. Where Google Cloud Marketplace is the channel, Google handles applicable tax collection and remittance in accordance with Google’s policies.

5.7 Late payment, cancellation, and refunds

Cancellation. Customer may cancel a Subscription at any time. Cancellation takes effect at the end of the then-current monthly cycle — the Service remains available through the paid-for month, and no charges accrue for subsequent cycles.

Payment failure. If a scheduled payment fails or is declined, Provider will attempt reasonable retries and provide a grace period of not less than three (3) days for Customer to cure. If payment is not received within the grace period, Provider may suspend the Subscription and/or downgrade the Customer’s access to the free-tier (or equivalent) allowance until payment is resolved. Data is retained for at least fourteen (14) days after suspension per Section 10 (Term and termination).

Refunds. Except as required by applicable consumer-protection law, or where Customer procured through Google Cloud Marketplace and Google’s refund policy applies, fees for the current cycle and consumed CDUs are non-refundable. Where Provider offers annual or multi-month prepay pricing, unused whole months of prepay are refundable on a prorated basis at cancellation.

6. Service availability and support

Provider will use commercially reasonable efforts to make the Service available 24x7, excluding scheduled maintenance, emergency maintenance, and circumstances beyond Provider’s reasonable control. Provider does not commit to a specific service-level agreement (SLA) other than as expressly stated in an order form. Support is provided on a commercially reasonable best-effort basis at ihousman@redcastleresources.com.

7. Disclaimers

AS-IS; AI-GENERATED CONTENT. THE SERVICE AND ALL GENERATED OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Customer acknowledges that the Service uses a large language model and automated code execution to generate analyses, maps, charts, statistics, narratives, and reports. Such Generated Output may contain errors, may use inappropriate methods or datasets, may misrepresent conditions, and may “hallucinate” (produce plausible-sounding but incorrect content). All Generated Output should be independently verified by qualified personnel before use in any decision-making, regulatory, legal, financial, medical, safety-of-life, or other consequential context.

Geospatial limitations. Satellite imagery and geospatial datasets accessed by the Service have inherent limitations including spatial and temporal resolution, classification accuracy, cloud and atmospheric contamination, sensor calibration, projection assumptions, and currency. The Service does not warn about every such limitation. The Service is not a substitute for ground-truth verification, professional surveying, licensed engineering judgment, or expert review.

8. Limitation of liability

EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, REVENUES, GOODWILL, OR DATA), HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, ARISING OUT OF OR RELATING TO THIS EULA OR THE SERVICE.

CAP. EACH PARTY’S TOTAL CUMULATIVE LIABILITY UNDER THIS EULA SHALL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY CUSTOMER TO PROVIDER (WHETHER DIRECTLY OR VIA GOOGLE CLOUD MARKETPLACE) FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

The foregoing limitations apply regardless of whether the party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow the limitation or exclusion of certain damages; in such jurisdictions, the foregoing limitations apply to the maximum extent permitted by applicable law.

9. Indemnification

By Provider. Provider will defend Customer against any third-party claim alleging that the Service, as provided by Provider and used in accordance with this EULA, infringes a U.S. patent, copyright, or trademark of such third party, and will pay damages finally awarded by a court of competent jurisdiction (or amounts agreed in settlement). This obligation does not apply to claims arising from (a) Customer Data, (b) modifications of the Service not made by Provider, (c) use of the Service in combination with other products or data not provided by Provider, or (d) Customer’s breach of this EULA.

By Customer. Customer will defend Provider against any third-party claim arising from (a) Customer Data, (b) Customer’s use of the Service in violation of this EULA or applicable law, or (c) Generated Output as used or distributed by Customer, and will pay damages finally awarded (or amounts agreed in settlement).

10. Term and termination

This EULA is effective upon Customer’s first access to the Service and continues until the Subscription is terminated. Either party may terminate this EULA immediately for the other party’s material breach not cured within thirty (30) days of written notice. Upon any termination or expiration: (a) Customer’s right to access the Service ceases; (b) Provider may delete Customer Data after a reasonable retention window; (c) Sections 1, 3, 4, 7, 8, 9, and 11–13 survive.

11. Confidentiality

Each party may receive confidential information of the other (including non-public technical, business, or product information). The receiving party will (a) use confidential information solely to perform under this EULA, (b) protect it with at least the degree of care it uses for its own information of like importance (and no less than reasonable care), and (c) not disclose it to third parties except to representatives bound by confidentiality obligations no less protective. Confidentiality obligations do not apply to information that is publicly available, independently developed, lawfully received from a third party without restriction, or required to be disclosed by law (with prompt notice to the disclosing party where permitted).

12. Privacy and security

Provider’s collection and use of personal data are described in the Privacy Policy. Provider implements industry-standard administrative, physical, and technical safeguards designed to protect Customer Data, including authentication (Marketplace SSO + signed session cookies), code-execution sandboxing, prompt-injection screening, and integration with Google Cloud Model Armor. Customer is responsible for safeguarding its account credentials and for the activities of its authorized users.

13. Miscellaneous

• Assignment. Neither party may assign this EULA without the other’s prior written consent, except that either party may assign to a successor in a merger, acquisition, or sale of substantially all assets.
• Notices. Notices to Provider must be sent to ihousman@redcastleresources.com. Notices to Customer may be sent to any email address Customer has provided to Provider or, for Marketplace customers, to the billing email of record at Google Cloud Marketplace.
• Governing law and venue. This EULA is governed by the laws of the State of Colorado, United States (excluding its conflict-of-laws rules), and any dispute will be brought in the state or federal courts located in Denver, Colorado, to whose jurisdiction the parties consent.
• Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, civil or military authority actions, fire, floods, accidents, network or power outages, denial-of-service attacks, or strikes.
• Severability. If any provision of this EULA is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to reflect the parties’ original intent to the maximum extent permitted by law.
• No waiver. Failure to enforce any provision is not a waiver of that or any other provision.
• Entire agreement. This EULA, together with the Privacy Policy, Terms of Service, the Google Cloud Marketplace Standard EULA (if applicable), and any order form, constitutes the entire agreement between the parties with respect to the Service and supersedes all prior or contemporaneous agreements on the subject.
• Changes. Provider may update this EULA from time to time. Material changes will be communicated by updating the “Last updated” date at the top of this page and, where commercially reasonable, by emailing the billing contact of record. Continued use of the Service after changes take effect constitutes acceptance.

14. Contact

Questions about this EULA should be sent to the austin_geo team at ihousman@redcastleresources.com.

Notice. This template was prepared for use as a starting point for the Austin Geospatial Innovation service on Google Cloud Marketplace. Provider should have this document reviewed by qualified counsel before relying on it for any specific transaction; this template is not legal advice.