These Terms and Conditions specify the terms and conditions for the use of the CarbonWatch Platform (hereinafter referred to as the "Platform"), which is developed or procured, and operated by Thaicom Public Company Limited. Users must read, understand, and accept these Terms and Conditions before using the Platform. By using the Platform, Users agree to comply with these Terms and Conditions, including any Additional Terms and Conditions that may apply.
1. Definitions
Unless otherwise specified in theseTerms and Conditions:
o CarbonWatch Platform(the "Platform") means the model for assessing biomass on landand converting the biomass into carbon stored, specifically for deciduous dipterocarpforests and mixed deciduous forests in Thailand. The Platform integratesinformation systems for analyzing and managing biomass and carbon credits data,developed by Thaicom Public Company Limited, and provides services such ascarbon sequestration base-line assessment, forest classification, canopydensity analysis, wildfire monitoring, deforestation monitoring, and otherfuture services.
o Provider meansThaicom Public Company Limited.
o User means anyindividual or entity using any services on the CarbonWatch Platform provided bythe Provider.
o Service means theaccess to information or services via the CarbonWatch Platform.
o These Terms and Conditionsmeans the terms governing the use of the CarbonWatch Platform.
o Additional Terms and Conditions means any separate agreements or conditions related to the CarbonWatch Platform, such as the Provider’s Privacy Policy and the Platform's Cookie Policy, which govern the collection, use, processing, and disclosure of personal data for service operations. The User can read these additional terms on the Provider's website.
2. Purpose and Conditions of Use of the Platform
2.1 This Platform is intended for Carboncredit assessment and forest sector management.
2.2 The Provider allows the User to use the evaluation results obtained from the Platform for submission in a Project Design Document for voluntary greenhouse gas reduction registration under Thailand’s standard (T-VER) to the Thailand Greenhouse Gas Management Organization (TGO) and/or other competent authorities. However, the User is prohibited from using the results for any commercial or business purposes. The User also has no rights to copy, modify, duplicate, or permit others to use this data.
2.3 The Platform may only be used for lawful purposes. The User is responsible for ensuring their use of the Platform complies with all applicable laws and regulations.
2.4 The Provider reserves the right to modify or discontinue the Platform or any Service at any time without prior notice.
2.5 The Provider is not liable for any damage or loss resulting from modifications or cessation of Services on the Platform.
3. User Accounts
3.1 The User must create an account to use the Platform. If the User fails to provide complete information, the Provider reserves the right to deny access to Services.
3.2 The User agrees to provide truthful, accurate, and complete information when creating their account. The User may not use others' information or violate others' rights.
4. Fees and Payments
4.1 The use of the Platform is subject to a fee, with pricing and conditions to be determined by the Provider.
4.2 Any Service fees paid are non-refundable, unless agreed otherwise by the Provider.
5. Intellectual Property Rights
5.1 The carbon sequestration base-line assessment model is the intellectual property of the Provider and the Mae Fah Luang Foundation under Royal Patronage, using satellite technology and artificial intelligence, and certified by TGO. This Service also helps draft Project Design Documents for T-VER registration.
5.2 The forest classification service is the Provider's intellectual property, utilizing satellite and AI technology to identify ecological characteristics of forest types such as deciduous dipterocarp forest, mixed deciduous forest, and dry evergreen forest. This includes the classification of land use in order to efficiently plan survey areas.
5.3 The canopy density analysis service is the Provider's intellectual property, assessing canopy density using satellite data combined with artificial intelligence (AI) technology. It can classify canopy density by forest type into three levels: high density, medium density, and low density.
5.4 The wildfire monitoring serviceis the Provider's intellectual property, detecting hotspots in wildfire-proneareas and alerting relevant teams and authorities in real time, as well asanalyzing fire-damaged areas for restoration planning. Additionally, the service includes analyzing fire damageareas using burn scar data to plan for forest restoration efforts and to applyfor carbon credit certification from TGO.
5.5 The deforestation monitoring service is the Provider's intellectual property, using satellite imagery and AI technology to track changes in forest areas, including deforestation and reforestation.
5.6 The User grants the Provider the right to use, copy, modify, summarize, delete, or translate their data uploaded to the Platform.
6. Liability and Limitation of Liability
6.1 The User acknowledges that Services in Sections 5.1-5.5 rely on AI technology, which, although accurate, may occasionally produce discrepancies. The User accepts such possible discrepancies. However, the Provider will make every effort to minimize errors.
6.2 The Provider is not responsible for any damage or loss resulting from the use of the Platform or the use of its data, especially in cases involving human life or migration.
6.3 The User cannot rely on the forest area data provided by the Platform for legal purposes.
6.4 The Provider does not guarantee the outcome of T-VER or other registration applications submitted by the User to TGO or other competent authorities.
6.5 The Platform does not certify or guarantee ownership of any work uploaded on it.
6.6 The User is responsible for thedata they upload to the Platform.
6.7 The Provider is not liable forany damages arising from the modification or cessation of the Platform's Services.
6.8 The User agrees and acknowledgesthat the Provider shall not be held liable for any failure to comply with theseTerms and Conditions or Additional Terms and Conditions, or for any transactionor use of Services that fails or is delayed due to force majeure and/or anyother reasons for which the Provider is not responsible. This includes, but isnot limited to, circumstances such as malfunctions, defects, damage,disruption, or delays in computer systems, and/or electrical systems, and/or internetnetworks, and/or communication systems, and/or mobile phone networks, and/orany electronic equipment, and/or any other systems related to the provision ofServices. It also includes issues related to energy, actions by third parties,including hackers, fires, natural disasters, protests, transportationdisruptions, riots, wars, computer viruses, harmful data, or any other eventsoutside the control of the Provider, which may obstruct the User’s access to Servicesor prevent the Provider from fulfilling the Services as per these Terms andConditions or Additional Terms and Conditions.
7. User Conduct
7.1 The User must comply with applicable laws, these Terms, and any Additional Terms while using the Platform.
7.2 The User must not use the Platform for illegal, fraudulent, or immoral purposes.
7.3 The User must not upload or disseminate defamatory content or violate others' rights, including content that is illegal in their jurisdiction.
8. Suspension and Termination of Services
8.1 If the User violates these Terms or Additional Terms, the Provider has the right to suspend their account without prior notice.
8.2 If the Provider needs to suspend or terminate a user account without the User's fault, the Provider will notify the User in advance.
8.3 The Provider has the right to suspend and/or terminate the Services immediately if the User violates these Terms and Conditions or Additional Terms and Conditions, or if there is an event that causes the Provider to reasonably believe that the User is using the Service with fraudulent intent and/or in a manner that could harm others. This also applies if the User inputs false information into the Platform's system. Additionally, if the government issues new laws, changes in existing laws, amendments to legal enforcement, or changes in the interpretation of laws, orders, regulations, or any provisions that compel the Provider to immediately suspend and/or terminate the Platform Services, the User agrees not to hold the Provider liable for any damages arising from such actions.
9. Governing Law and Jurisdiction
9.1 These Terms and Conditions or Additional Terms and Conditions are governed by the laws of Thailand.
9.2 Any disputes arising from theuse of the Platform are subject to the jurisdiction of courts in Thailand.
10. DataProtection
10.1 The Provider will protect userdata to the best of its ability and in accordance with applicable laws.
10.2 Personal data on the Platformwill be used in accordance with these Terms and Conditions.
10.3 The User has the right toaccess, correct, or delete their personal data by contacting the Provider asper the contact information provided on the Platform.
11. Severability
If any provision of these Terms andConditions is found to be invalid or unenforceable, the remaining provisionswill continue to be fully effective.
By using theServices of this Platform, the User confirms that they have read, understood,and accepted these Terms and Conditions and any Additional Terms and Conditions.