Last updated on 27/10/2023
Introduction
These terms and conditions of use (“Terms“) set out the rules for the use of our website available at https://www.owlplaces.com/ (“Portal“) and cover the pre-contractual information required under applicable law.
1.1 The Site is managed by Our Watch Leads – OWL, Lda, a limited liability company with registered office at Incubadora Instituto Pedro Nunes, Edifício C, 3030 – 199 Coimbra, and with the Commercial Registry and main registration number PT516239538 (“OWL” or “we”).
1.2 OWL is a company participating in ESA BIC Portugal (European Space Agency Business Incubation Centre), specializing in the transfer of Space Technology, applied to the construction, real estate, agriculture and smartcities sectors.
1.3 OWL develops several products that combine Earth Observation Satellite Technology, Global Navigation Satellite System, advanced Machine Learning and Deep Learning Algorithms. OWL’s products (“Products“) add value at every stage of the life cycle of buildings and infrastructures, from land acquisition, through project design, construction, operation and maintenance, to deconstruction/recycling.
1.4 The Products also allow remote access to various parameters such as topography and soil at risk of collapse, land surface temperature, ground water and biodiversity, among others.
1.5 To contact OWL, you can call (PT) 915 619 977 from Monday to Friday or send an e-mail to info@ourwatchleads.com.
2.1 Under the terms and for the purposes of article 26 of Decree-Law 7/2004, of January 7 (as amended), and article 3 of Decree-Law 290-D/99, of August 2, the contract made through our Portal is an electronic contract, and complies with the provisions of Decree-Law 24/2014, of February 14 (as amended), Decree-Law 84/2021, of October 18, under the Portuguese Law and other applicable International Legislation.
2.2 If you do not agree with the terms of the contract for the purchase and sale of products by electronic means, you should not purchase the Products we make available on the Portal.
2.3 The Products’ contracts are written in Portuguese and English.
2.4 The Portal is open to the general public. However, the purchase of services and Products is restricted to legal or natural persons with full legal capacity. According to Portuguese law, full legal capacity is, as a rule, obtained at the age of 18 Some provisions of these Terms are only applicable to end-consumers who purchase Products for purposes not connected with their professional activities.
2.5 OWL may change these Terms at any time. When OWL makes a change to these Terms, the words “New” will be included immediately after the hyperlink on the Portal to these terms and conditions and will remain visible until thirty (30) days after the change.
2.6 If OWL considers that the changes made to these Terms are material or significant, OWL will send an e-mail to each registered user of the Portal with the updated Terms.
2.7 Each time you use the Portal, please check the Terms and make sure you understand them.
3.1 If you do not agree to these Terms, you must not use the Site to purchase Products from OWL’s e-commerce shop (“Store”). In turn, by using the Site, you confirm that you agree to these Terms.
3.2 OWL recommends that you keep a copy of these Terms in a durable medium (physical or digital) so that you can refer to them at any time.
4.1 At any time, OWL may change and update the Site, without the need for prior authorisation or notification to the registered user of the Site.
4.2 OWL may also change the URL of the Site. After making the aforementioned change, OWL commits to, for a reasonable period of time, automatically redirect registered users and visitors to the Portal to the new URL. The URL change does not depend on any previous authorisation or notification of the registered user of the Portal.
4.3 OWL may cancel the availability of any part or all of the Portal for commercial or operational reasons, thus not guaranteeing that the Portal or its content will be permanently available.
4.4 Except for cases of force majeure, OWL commits itself to, whenever possible and before any suspension or cancellation, to inform the registered users of the Portal.
To access the Portal, you must have a device with internet connection. It is your responsibility to ensure that the devices you use have the technical specifications required to use the Portal.
6.1 OWL does not guarantee that the Portal is protected against errors, failures or viruses.
6.2 Each User, in turn, is responsible for ensuring that the devices used to access the Portal have the necessary virus protection programmes installed and commits not to misuse the Portal to introduce viruses or any other material that is harmful or damaging to the functioning of the Portal.
7.1 To be able to make purchases at the OWL Shop, you may create an account to access the Portal by filling in a free online registration form and accessing the registration area available on the Portal.
7.2 To be able to register, the user must provide some information, an e-mail address and define a password. The user password is personal and non-transferable and must not be shared with third parties.
7.3 If the user does not have a registration with the OWL Shop, and wishes to obtain a registered user number, the user must fill in the online registration form at the moment before the purchase.
7.4 Registering on the Portal will allow you to make the purchase on the Portal and consult the status of your order from the moment of payment until its delivery.
7.5 Registering with the portal will also allow you to view the details of your order and change your personal data.
7.6 Throughout this process you will be notified by email so you can track your order.
7.7 At any time, you can request the cancellation of your account on the Portal, free of charge.
8.1. In order to make purchases at the OWL Shop, and if he so wishes, the user may choose not to create an access account and register on the Portal, being only necessary to indicate, by filling in a form, the following information:
(i) Email address;
(ii) Tax ID number;
(iii) Type of User (Natural or Legal Person);
(iv) Country of residence/Country of registered office;
(v) Area of interest on the map about which you wish to purchase OWL Products
8.2 Using the Portal without the user being registered does not allow the user to consult the status of his order from the moment of payment until its delivery.
8.3. the user who uses the Portal without being registered, will not be given a Portal user registration number.
9.1 In cases where the User has registered and OWL has provided him/her with access to an individual account, the User acknowledges and accepts that it is his/her responsibility to keep his/her username and password secret.
9.2 The user must only use the access code he/she owns, thus assuming full responsibility for the actions carried out with this registration, even by third parties, with or without his/her express authorisation.
10.1 The User can order Products in the OWL Shop from Portugal, or from other jurisdictions, if this does not violate any local law.
10.2 At the top of the Portal you can first select the Products available in the Shop.
10.3 All Products are derived from the transfer of Satellite Technology.
10.4 When you search for the Products you wish to purchase, the following information about the Products is made available to you:
(i) Name of the type of Product;
(ii) Representative image of the type of Product in question;
(iii) A brief description of the type of Product;
(iv) Value of the Product plus VAT (if VAT is applicable);
10.5 If the user wants to purchase a Product, he should select the type of Product. The user will be forwarded to an interactive map in which he must select an area of land (“Area of Interest“), which may correspond to one or more rural buildings, urban buildings or portion of territory that includes several types of private and public properties. You will then have the option to confirm the order of the Product and the Product will be added to your shopping “Basket”.
10.6 If you want more than one Product, you can return to the Shop and add more Products to the “Basket”. If the User clicks on the “View Basket” option or on the shopping basket icon, a list of the selected items will be displayed, indicating the quantity chosen and the unit price (which includes applicable taxes).
10.7 To complete the order process, the user must click on the “Order” button.
10.8 If it is the first order made through the Store, the User will need to indicate his/her billing details, namely (i) full name, (ii) full address, (iii) tax identification number and (iv) telephone number. These details will be associated with the user’s account. In subsequent orders placed by registered users, the Portal will assume the same billing data, being the responsibility of the User to update the data every time he places a new order in the Store.
10.9 At the end of the order process, a unique order registration number is generated that must be saved by the user.
10.10 Upon completion of your order, you will receive an email with these Terms (as a pdf file) and a pro-forma invoice for the Products ordered.
10.11 Payment will be required to complete the order. OWL will cancel your order if OWL does not confirm payment, or does not receive proof of payment within five (5) business days.
10.12 Upon receipt of payment, an invoice-receipt will be sent to you by email.
11.1 OWL reserves the right at any time to change the prices of the Products displayed on the Portal and to correct any errors that may inadvertently occur. Any changes to prices will not affect an order already accepted by OWL.
11.2 The price of the Products chosen by the User will be calculated, automatically, through the Portal taking into account the size of the land area selected by the User, as well as the archive timeframe covered by the Products selected.
12.1 The Portal makes the following payment methods available to the User: bank transfer, credit card and Paypal.
12.2 The processing of payments, in connection with the use of the Portal, is subject to the Terms and Conditions and the Privacy Policy of the User’s credit card issuer, Paypal.
12.3. OWL reserves the right, but not the obligation, to suspend, at its own discretion, the payment of a Product or refund the price paid, including in situations where, after checking the characteristics of the order, OWL considers that it is not viable.
12.4 Unless otherwise stipulated or required by law, all sums paid are non-refundable.
12.5 All transactions on the Site are made in Euros. The actual rate of your credit card will be based on the exchange rates in force at the time of the payment of the order and consequent charge to your credit card. OWL does not make any currency conversion estimates. In the case of bank transfers from abroad, you must pay the bank fees so that the amount credited corresponds to the price of the Product.
12.6 The calculation of the VAT rate, if applicable to the user, will be made automatically through the Portal taking into account the declared residence of the user. For users resident in Portugal, the prices shown in the OWL Online Shop include VAT at the legal rate in force and are valid for the moment in which the purchase was made.
The user agrees to receive invoices for the purchases electronically. Electronic invoices will be made available in PDF format, and will be sent to the user’s email address.
Dispatch
14.1 OWL will send Products purchased from us to Users resident inside or outside the Portuguese territory.
14.2. Product formats and delivery/shipping methods vary depending on the type of Product and upgrades purchased. Purchased Products are delivered in image formats such as PDF, PNG, JPEG and editable formats such as text Doc, XLS data, 2D CAD, 3D BIM, and Geotiff GIS. Products are delivered to users via email or made available in the online shop, on dashboards (only for users who purchase a Product for use on a dashboard), and in mobile applications.
Delivery time
14.3 Unless there are unforeseen circumstances or Force Majeure, the delivery time of the Products will be automatically calculated by the Portal.
14.4 At the end of the Product selection process, a summary of the order will be presented, in which the estimated deadline for the Products to be dispatched will be indicated.
14.5 In order to complete the order, the User will have to confirm that he/she accepts the information included in the summary.
15.1. The user as a consumer (i.e. a non-professional), has the right to freely terminate the purchase agreement entered into with OWL under these Terms without giving any reason.
15.2. The period for exercising this right of free withdrawal ends 14 days from the day of the conclusion of the contract.
15.3 In order to exercise your right of withdrawal, you have to inform us at Our Watch Leads – Owl, Lda, at the e-mail address info@ourwatchleads.com or by registered letter to Incubadora Instituto Pedro Nunes, Edifício C, 3030 – 199 Coimbra, of your decision to withdraw from the contract by an unequivocal statement. You may use the model withdrawal form we present below, but it is not mandatory.
15.4 For the period of withdrawal to be respected, it is sufficient that your communication concerning the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
15.5 Unless otherwise agreed by the parties, the User may not freely terminate the contract, when its execution begins, with the prior and express consent of the User, and the User recognises that their consent implies the loss of the right of free termination, under the terms of paragraph 2 of article 9 or article 6 of Decree-Law 24/2014, of 24 January of Portuguese law.
16.1 In the event of termination of the contract for the purchase of Products, you will be refunded all payments you have made, including any delivery costs (with the exception of additional costs resulting from your choice of a mode of delivery other than the least expensive mode of standard delivery offered by OWL), without undue delay and in any event not later than 14 days from the date on which OWL is informed of the decision to terminate the contract. OWL shall make such refunds using the same means of payment as it used for the initial transaction, unless expressly agreed otherwise by you; in any event, it shall not incur any costs as a consequence of such refund.
16.2. OWL may withhold the refund until it has received confirmation of the destruction/disposal of the Products.
16.3 The following form should only be used when you wish to terminate the contract.
«To: Our Watch Leads – Owl, Lda.
Incubadora Instituto Pedro Nunes, Edifício C,
3030 – 199 Coimbra.
I hereby inform you that I withdraw from the purchase and sale contract relating to the following product [the user shall indicate the item he/she purchased], ordered on [the user shall indicate the date on which the purchase and sale contract was concluded].
Name and contact details of your customer [insert your name and email address].
Customer’s address [user shall indicate his/her address].
Customer’s signature [only if this form is notified on paper].»
17.1 You have the right to terminate the contract for non-conformity of the Products if:
(a) OWL has not restored the Products to conformity, under the terms defined by Decree-Law No. 84/2021 of 18 October);
(b) OWL has declared that it will not remedy the lack of conformity of the Products within a reasonable time or without serious inconvenience to the consumer;
(c) Remedying the lack of conformity is impossible or disproportionate;
(d) the lack of conformity has reappeared despite OWL’s attempt to bring the Goods into conformity;
(e) a new lack of conformity occurs.
17.2 In order to exercise your right of free termination for non-conformity of the Products, you have to communicate to OWL at the e-mail address info@ourwatchleads.com or by registered mail to Incubadora Instituto Pedro Nunes, Edifício C, 3030 – 199 Coimbra, your decision to terminate the contract by an unequivocal statement.
17.3 In the event of termination of the contract for the purchase of Products, you will be reimbursed for all payments made, including any delivery costs (with the exception of any additional costs resulting from your choice of a type of delivery different from the least expensive type of normal delivery offered by OWL), without undue delay and, in any case, as from the date OWL was informed of your decision to terminate the contract. OWL shall make such refunds using the same means of payment as it used for the initial transaction, unless expressly agreed otherwise by you; in any event, it shall not incur any costs as a consequence of such refund.
17.4 Upon termination of the contract, the User shall refrain from using the Products, and from making them available to third parties.
17.5 OWL’s request must be made within 14 days after having been informed of the exercise of the right to terminate the contract by the User.
17.6 The User has the right to terminate the contract for the supply of Products only if the lack of conformity is not minimal.
18 Acquisition of pre-existing content
18.1 The Store also makes available pre-existing content that can be offered for sale to interested parties. For example, the Products purchased by a User may, with the User’s permission, be available in the Store for resale to third parties. This possibility aims to create efficiencies and a resale marketplace for studies already carried out, avoiding unnecessary and duplicate efforts.
18.2 Should a User wish to make his/her digital content available for resale, he/she must contact OWL at info@ourwatchleads.com and expressly accept, by written and signed document, the following conditions:
(a) The grant of a worldwide, royalty-free, non-exclusive, transferable, sub-licensable, indefinite license to OWL to use, modify, alter, store, make available the digital content and, if applicable, the licensor’s trademark or logo, on the Store for resale, and commercial purposes;
(b) The acceptance, without reservation, that OWL is the exclusive owner of all rights to the information, and data included in the digital content, whenever it is modified or altered in accordance with subparagraph a) of this paragraph;
(c) Mandating OWL to enter into agreements with third parties to provide copies of the digital content on such terms and conditions, including price, as it deems appropriate; The assumption of all responsibility for the accuracy, correctness and lawfulness of the digital content;
(d) The confirmation of the knowledge and acceptance of the Privacy Policy of OWL;
(e) The confirmation of the absence of virus, malware or any other malicious code in the pre-existing digital content;
(f) the adherence to these Terms, including the conditions of warranty, consumer withdrawal and termination of the purchase contract.
18.3 The pre-existing digital content will be associated to points of interest on the interactive map of the Portal, with a short description of the characteristics of the content.
18.4 The User who is interested in purchasing the pre-existing digital content must follow all the steps described above for the purchase of Products.
18.5. OWL will invoice the digital content to the final customer.
18.6 For the service of reselling and making available the marketplace feature in the Store, OWL is entitled to a commission on of the retail price to be agreed with the user.
18.7 For the cloud storage service OWL will charge a price to be agreed with the user.
18.7 For the cloud processing service OWL will charge a price to be agreed with the user.
19.1 OWL provides digital content storage and processing services to you.
19.2 If you wish to purchase the digital content storage and processing services, please contact us at info@ourwatchleads.com.
19.3 You represent and warrant that you own or control all of the rights to the digital content that may be stored and processed by OWL and that at the time of such storage and processing: (i) such content is accurate; and (ii) use of such content will not violate any applicable OWL policy or guidelines or cause any harm to any other person or entity.
19.4 You warrant that the Digital Content is not illegal, abusive, threatening or defamatory, invading the privacy of others, infringing intellectual property rights or otherwise offensive to third parties or objectionable, or consisting of or containing computer viruses.
19.5 You agree to hold OWL harmless from any claims made by any third party against OWL arising from or relating to such content.
20.1 The Products sold through the Store will benefit from OWL’s warranty, under the conditions set out in Decree-Law No. 84/2021 of 18th October (in its current wording), granted to the buyer of the Product in case of lack of conformity of the digital content with the contract, for a period of two years.
20.2 If the period is exceeded, you will lose the right to invoke the warranty that the law grants you. Such termination shall preferably be made in writing, by registered letter with acknowledgement of receipt sent to Our Watch Leads – Owl, Lda. Incubadora Instituto Pedro Nunes, Edifício C, 3030 – 199 Coimbra , or by any other means that allows you to prove that you have denounced the non-compliance of the good with the contract, such as sending an email to the email address info@ourwatchleads.com.
21.1 Registered Users who have purchased Products in the OWL Shop may post their opinions and comments about the Products purchased, provided that the content of such opinions and comments is not illegal, abusive, threatening or defamatory, or invasive of the privacy of third parties, infringes intellectual property rights or is otherwise offensive to OWL or third parties or objectionable, or consists of or contains computer viruses, political propaganda or advertising content.
21.2 The use of false email addresses, impersonation of any person or entity, or any other misrepresentation of the origin of any other content is not permitted.
21.3. The registered User will be able to view the comments, and opinions of third parties about the Products available in the OWL Shop.
21.4 The use of the Portal without the user being registered does not allow the user to make comments or publish opinions about the products on the Portal.
22.1 All content hosted or made available on the Portal, such as text, graphics, logos, button icons, images, technical drawings, tables, digital downloads and data compilations are the property of OWL or its licensors and are protected by Portuguese law and international laws on intellectual property rights, copyright and database rights.
22.2 No systematic extraction or re-utilisation of any part of the Portal is permitted without the express written consent of OWL. In particular, no search and data extraction tools or robots may be used to extract (whether on one or more occasions) substantial parts of the Portal for re-use without the express written consent of OWL. Nor are you permitted to create or publish your own databases where these contain substantial parts of the Portal (for example, our product lists and price lists) without the express written consent of OWL.
22.3 The purchase of the Product does not imply any transfer of copyright or any other intellectual property rights to you, which remain exclusively in the legal sphere of OWL.
22.4 Subject to compliance with these Terms, and payment of the appropriate price, OWL grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to use the OWL Products for private, non-commercial purposes. Except as authorized in writing by OWL or provided in these Terms, such license does not include any right to resell or commercially use the OWL Products or their contents, nor any right to compile or use any product listings, descriptions or prices. Accordingly, you may not in any way display, reproduce, distribute, modify, transmit and/or use content owned by OWL for public and/or commercial purposes without OWL’s prior express consent.
22.5. You may also not use framing techniques to introduce any trademark, logo or other copyrighted information (including images, text, page layout or form) of OWL without prior written permission. You may not use meta tags or any other “hidden text” that uses OWL’s names or trademarks without our prior written consent.
22.6 You may install or save the product on the various computers required for your internal operation.
22.7. You may not download or copy any account information for the benefit of another company, nor the use of search and retrieval tools or robots or similar mechanisms.
22.8. You may use, edit, and modify the OWL Products to create one or more products that you consider to be original products developed by you because they constitute products with significant changes from the products provided by OWL, to support administrative processes or to use in the scope of your professional or personal activities, and provided that it is not possible to reverse engineer the information and recover the OWL Products for resale purposes.
22.9. You may use, edit, and modify the OWL Products to create one or more products that are derivative, by virtue of containing information but not images provided by OWL, to support administrative processes or for use in your professional or personal activities, and provided that it is not possible to reverse engineer the information and retrieve the OWL Products for resale.
22.10. You are expressly prohibited from using, editing, and modifying the OWL Products for purposes related to creating or expanding any commercial business, and reselling the OWL Products on any digital platforms or commercial outlets without OWL’s prior consent.
23.1. You may not separate any of the individual components of the OWL Software for use in your own programs or compile any part of it together with your programs, or transfer it for use in conjunction with another service, nor may you sell, rent, lease, loan, distribute or sublicense or otherwise assign any rights in the OWL Software, in whole or in part.
23.2 You may not use the OWL software for any illegal purpose. OWL may terminate the supply of the OWL Software and deny you the right to use the OWL Software at any time.
23.3 If you breach these Terms, your rights to use the OWL Software will terminate without notice to you.
All software used by OWL is the property of OWL or its computer content suppliers and is protected by Portuguese and international copyright laws.
24.1 The user is responsible for the use of the Portal, as well as the services and/or contents available therein, including the responsibility for the disclosure of any content, being obliged to respect the applicable legislation, namely the Personal Data Protection Act, the Computer Criminality Act and the rules that establish the protection of industrial property rights, copyright and related rights. The User undertakes to act in good faith and to make use that does not offend any rights of third parties and of OWL, namely the right to image, the right to good name, the right to honour and privacy.
24.2 The User shall furthermore refrain from any acts that disturb other Users.
24.3 Without prejudice to the measures provided by law, the User undertakes to indemnify and hold OWL harmless from all liabilities arising from misuse of the Site and/or breach of these Terms and to fully indemnify OWL for all costs and expenses of any nature whatsoever, which OWL may incur as a result of any claim or action directed by third parties against OWL (e.g. infringement of third party rights: copyright, licences, patents and other industrial property rights, image rights and others).
24.4 OWL does not guarantee that the Site is protected against errors, disturbances, failures or viruses, being the User, in turn, responsible for ensuring that the devices used to access the Site have virus protection programs installed.
24.5 OWL reserves the right to prevent the access to any users who violate any legal provision or any provision of these Terms or any other particular conditions eventually applicable.
24.6 In cases of interference, interruptions, computer viruses, operating system malfunctions or disconnections that may temporarily prevent access, navigation or the provision of services to users, OWL shall not be liable for damages resulting therefrom.
24.7 Any Product obtained in any way through the use of the OWL-Shop is used at the risk of the user, the user being solely responsible for any damage caused to its computer system and equipment or any loss of data resulting from such operation. OWL does not warrant that the Product purchased by you will serve your intended purpose and you are responsible for confirming that the Product contains the features necessary for your intended purpose.
25.1 Neither party shall be liable to the other for failure to perform its obligations if such failure has been caused by or results from a force majeure event as defined below.
25.2 Force majeure shall mean any of the following events which prevents either party from performing its obligations, is beyond its control and cannot be avoided by a diligent contractor:
(a) acts of war or terrorism, revolutions, riots, blockades, insurrections and civil uprisings;
(b) Acts of sabotage and vandalism;
(c) Earthquakes, typhoons, tornadoes and cyclones, storms, fires, floods or other extreme weather or environmental conditions, meteorites, shock waves caused by aircraft, explosions, chemical or radioactive contamination;
(d) Any act of public authority (legislative, administrative, judicial or other), provided that not attributable to the defaulting party;
(e) any other event that the parties acknowledge by agreement to be force majeure.
25.3 The party at fault shall promptly notify the party not at fault of the occurrence of the force majeure event and provide reasonable evidence of such occurrence.
25.4 The defaulting party shall take the necessary measures to limit or restrict the adverse effects to the EPC of the force majeure event.
25.5 In the event of a force majeure event the party at fault may not claim reimbursement of any expenses it has incurred.
25.6 In the event that the said causes cannot, for any reason, be remedied within 15 (fifteen) days from the date of occurrence, either party shall be entitled to withdraw from the EPC and neither party shall have any right or action against the other.
If any of the clauses of these Terms is judged to be null or becomes void, this will not affect the validity of the remaining clauses or the validity of the remaining Terms, which will be considered automatically reduced under the terms of article 292 of the Portuguese Civil Code.
The non-exercise, or the late or partial exercise of any right by OWL under these Terms will in no case mean the waiver of such right or cause it to expire, so that it will remain valid and effective notwithstanding its non-exercise.
28.1 All communications to OWL in relation to these Terms should be made in writing to the above published address or using the form available on the Portal.
28.2 Written communications will be deemed to have been received on the date the letter, completed form or email is received.
29.1 The law applicable to the Portal and the Terms is the Portuguese law.
29.2 Consumer conflicts that do not exceed 5,000.00 Euros are subject to the necessary arbitration or mediation, by express choice of the User, and must be submitted to the appreciation of an arbitration centre of consumer conflicts legally authorized. For this purpose, the User may resort to the Centro de Arbitragem de Conflitos de Consumo de Lisboa. 29.3.
29.3 All disputes arising from the present Terms, not foreseen in the previous number, will be committed to the competent court of the Lisbon Court of Law, with the express renunciation of any other.
When the user wishes to present a suggestion or complaint, namely regarding the Products sold in the Store through the Portal, he should send an e-mail to the following address: info@ourwatchleads.com
OWL processes the personal data of the users who register on the Portal. For more information on OWL’s privacy policy, please here.
