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HyP3+ Terms of Service

Effective date: October 20, 2025

1. Overview

  1. The following terms and conditions govern Customer access to and use of HyP3+, UAF Geophysical Institute’s (GI) Alaska Satellite Facility’s (ASF) on-demand processing service.
  2. HyP3+ is designed to serve users in government, industry, and the general public (hereinafter collectively named Customer) with efficient and easy access to Synthetic Aperture Radar (SAR) data and scalable processing services without the need for specialized software or local computing resources.
  3. These Terms of Service (Terms) describe the scope, limitations, and obligations of ASF in relation to the availability, data quality, and performance of HyP3+ service (HyP3+).
  4. The Customer's use of HyP3+ signifies their acceptance of the terms outlined in these Terms. By accessing or using HyP3+, Customer agrees to be bound by and comply with the Terms and represents that the Customer understands and can agree to the Terms. If Customer does not agree to be bound by and comply with the Terms, Customer is not permitted to access or use HyP3+.

2. Data Quality and Availability

  1. The datasets offered via HyP3+ include observations from government-maintained remote sensing sensors such as ESA’s Sentinel-1 and NASA’s NISAR synthetic aperture radar (SAR) missions.
  2. As ASF does not have control over the creation, maintenance, or quality of the data produced by these programs, the following limitations apply:
    1. Data Quality: ASF does not guarantee the accuracy, completeness, or reliability of data provided by ESA, NASA, ISRO or any other third-party sources. ASF makes no guarantee of the quality, reliability, usability, availability, or suitability of any ASF data for any particular purpose. ASF data should not be used for any life-critical functions. Customers assume all risks and liabilities, direct or indirect, associated with any use of ASF data.
    2. Data Availability: ASF relies on ESA, NASA, ISRO and other third-parties to ensure that federated datasets are accessible. If the resources hosting these data are offline or experience issues, this may result in disruptions to HyP3+. ASF will not be held liable for any unavailability caused by these data outages.

3. Product Usage Guidelines and Privacy Policy

  1. Customers are required to follow the HyP3+ Product Usage Guidelines for citing products and services and ASF's Privacy policy.

4. Pricing

  1. The pricing structure of HyP3+ is posted on the Credits page. Pricing is subject to change without notice.

5. Payment

  1. Payment is due at the time of purchase. Purchases will be approved within two (2) business days, and credits will be applied to the Customer’s account within that timeframe. Credits expire 1 year from last date of purchase.
  2. Payments will not be accepted from Customers residing Iran, North Korea, Cuba, China, Russia, and Libya. Additionally, we will review requests coming from other countries listed on the NASA Designated Countries list and on the Office of Foreign Assets Control’s Sanction Program list.

6. Refunds

  1. Credits lost due to failed processing jobs will be refunded automatically.
  2. Duplicate jobs and other jobs submitted by Customer error will not be refunded.
  3. In the event of ASF terminating HyP3+, remaining credits will be refunded.

7. Account Terms

  1. ASF will operate and maintain HyP3+ using software, network resources, hosting, and systems owned or controlled by ASF, and any modifications, enhancements, updates, upgrades, and revisions thereof to provide HyP3+.
  2. To access HyP3+, Customer may be asked to provide certain registration details or other information. All information Customer provides must be correct, current and complete and is subject to ASF Privacy Policy. If Customer chooses or is provided with a username, password or any other piece of information as part of ASF security procedures, Customer must treat that information as confidential, and Customer must not disclose it to any other person or entity. Customer agrees to notify us immediately of any unauthorized access to or use of Customer username or password or any other breach of security. ASF has the right to disable any username, password or other identifier, at any time in ASF’s sole discretion for any or no reason, including if, in ASF opinion, Customer have violated any provision of these Terms.

8. Customer-Generated Products

  1. HyP3+ products, unless otherwise specified inside the product, carry a Creative Commons 0 1.0 Universal (CC0) license.
  2. ASF makes no guarantees regarding interpretations of HyP3+ data. Any analysis, conclusions, decisions made based on the data, or products created by Customer are the sole responsibility of the Customer.

9. Suspension of HyP3+ Rights

  1. ASF reserves the right to terminate or suspend access to Customer use of HyP3+ or Customer’s account for any reason at ASF discretion, including Customer’s breach of these Terms or any applicable additional Terms. ASF has the sole right to decide whether Customer are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any content associated with Customer’s account.
  2. Provisions that, by their nature, should survive termination of these Terms shall survive termination. For example, all of the following will survive termination: any obligation Customer have to pay us or indemnify us, any limitations on ASF liability, any terms regarding ownership or intellectual property rights, and terms regarding governing law and disputes between us.

10. API Terms

  1. Abuse or excessively frequent requests to any HyP3 API may result in the temporary or permanent suspension of Customer’s Account's access to the API. ASF, in ASF’s sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

11. Release and Indemnification

  1. Access to, and use of, HyP3+ and the downloading of any content are done at Customers’ own risk. ASF does not represent, warrant or guarantee that HyP3+ or its content is compatible with Customer’s computer systems or that HyP3+ or its content is or will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties or has harmful effects. Customers are responsible for implementing safeguards to protect the security and integrity of Customer’s computer system, and Customer is responsible for the entire cost of any service, repairs or connections of and to Customer’s computer system that may be necessary as a result of Customers use of HyP3+.
  2. Customer agrees to defend, indemnify and hold harmless ASF, and their employees, directors, shareholders, and agents (collectively the “Indemnified Group”) from and against any expense, cost, damage, loss, fine, penalty, liability or judgment, and settlements thereof, including reasonable attorneys’ fees, suffered or incurred by the Indemnified Group as a result of any claim, demand, action, arbitration, suit or similar proceeding brought or asserted against one or more members of the Indemnified Group by any third party alleging the Customer performed created, developed and/or produced work that infringes or misappropriates any copyright, patent, trade secret, trademark, or other proprietary rights such third party in using HyP3+.

12. Limitation of Liability

  1. HyP3+ and all content, and products thereon or delivered thereby are provided “as is”, without warranty or condition of any kind. Access to, and use of, HyP3+ or ASF products through ASF HyP3+ is at Customer’s own risk. Neither ASF, its affiliates, nor any of their respective directors, officers, employees, agents, shareholders or representatives (collectively, “ASF representatives”) makes any representation, warranty or condition about the quality, accuracy, reliability, completeness, currency, timeliness, merchantability, fitness for a particular purpose or non-infringement of intellectual property or related rights, of the website, its content or ASF products and services available through ASF websites. Neither ASF nor any ASF representative assumes any responsibility for any errors, omissions or inaccuracies in HyP3+, its content or ASF products available through ASF HyP3+.
  2. ASF and all ASF representatives disclaim all warranties, representations and conditions of any kind with respect to HyP3+, its content and ASF products available through ASF HyP3+, whether express, implied or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement of intellectual property and related rights or that the HyP3+ or the content are or will be error-free or will operate without interruption. In no event will ASF or any ASF representatives be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind, including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities, whether or not ASF or any ASF representatives is advised of the possibility of such damages, resulting from the use of, or the inability to make use of, HyP3+, its content or ASF products available through ASF HyP3+.
  3. Any failure by ASF to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provisions or right.
  4. General Limitations: ASF will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of profits, or other damages resulting from the use or inability to use HyP3+, even if ASF has been advised of the possibility of such damages.
  5. Force Majeure: ASF will not be held responsible for delays or failures to perform its obligations under these Terms caused by events beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, labor disputes, or failures of third-party services.
  6. External Data: ASF is not responsible for inaccuracies, delays, or failures in data provided by ESA, NASA, ISRO or any third-party data source.

13. Export Control Laws and Sanctions Compliance

  1. ASF represents and warrants that it: (a) shall abide by all applicable local, state, national, and foreign laws, treaties and regulations, including, but not limited to those related to data security, communications, and the transmission of technical or personally identifiable information in connection with providing HyP3+s; (b) shall comply with the Terms of Service of HyP3+, including in providing any support services; and (c) has taken reasonable steps to prevent the introduction of a virus, Trojan horse, self-replicating or other computer instructions that may bypass any internal or external security measure to obtain access to resources of Customer.
  2. Customer may not access, download, use or export HyP3+, its content or any of ASF products and services in violation of Canadian or U.S. export laws or regulations, or in violation of any other applicable laws or regulations. Customer agrees to comply with all export laws and restrictions and regulations of any Canadian, United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available ASF products, services or content in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, Customer shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to Customer’s own use of HyP3+ outside the United States. Neither the contents of HyP3+, ASF products, nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, to anyone in contravention of United States United Nations Act and/or Special Economic Measures Act, the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders or other lists which may be issued by applicable governments from time to time. By agreeing to these Terms, Customer agree to the foregoing and represent and warrant that Customer are not located in, under the control of, or a national or resident of any such country or on any such list.

14. Changes to these Terms of Service

  1. ASF reserves the right to modify these Terms at any time.
  2. Customer should review the Terms and such Additional Terms regularly. By accessing or using HyP3+ or the applicable product or service after any such modifications, Customer agree to be bound by, and comply with, the Terms or Additional Terms then posted. If any modification is not acceptable to Customer, Customer must cease accessing and using HyP3+ and ASF products and services.
  3. We reserve the right to withdraw or modify all or part of HyP3+ in ASF sole discretion without notice. We may update the content on HyP3+ from time to time, but its content is not necessarily complete or current. We may also suspend or discontinue any part of the products and services offered on HyP3+, or we may introduce new features or impose limits on certain features or restrict access to parts or all of such services. We’ll try to give Customer notice when we make a material change to such services that would adversely affect Customer, but this isn’t always possible or practical. Except as expressly set out in any Additional Terms, we will not be liable if for any reason all or any part of HyP3+ or ASF products or services are unavailable at any time or for any period.

15. Survival

  1. If any of the provisions contained in the Terms are determined to be void, invalid or otherwise unenforceable by an arbitrator or court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein or the affected provision in a jurisdiction outside the jurisdiction of such court.

16. Support

  1. HyP3+ support coverage hours provided by ASF are Monday through Friday, 9:00 AM to 5:00 PM AKT, excluding holidays or campus closures. Please see UAF’s holiday schedule at https://www.alaska.edu/hr/benefits/leave/holidays.php. Hours are subject to change with notice.
  2. ASF will provide basic support services to assist with any issues related to HyP3+.
  3. This support is limited to HyP3+ functionality and does not cover issues with external data or dependencies beyond ASF’s control.
  4. Response Times: ASF will aim to respond to support requests within two (2) business days.
  5. Support will primarily be provided via email. Support requests (reporting incidents or requesting help) should be submitted to ASF User Services: uso@asf.alaska.edu.

17. Feedback

  1. We welcome Customer’s feedback and suggestions about ASF products and HyP3+. By submitting any suggestions, questions, information, material or other content (collectively, “Feedback”), Customer represent and warrant that this Feedback does not infringe or violate the intellectual property or proprietary rights of any third party and that Customer have all rights necessary to convey to us and for us to use this Feedback. By providing any Feedback, Customer grant ASF and ASF licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties the Feedback for any purpose. All Feedback is considered non-confidential and non-proprietary. Feedback represents the thoughts and opinions of the individual contributing the Feedback and does not necessarily reflect ASF opinion or endorsement.