SubGrade
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Terms of Service

SubGrade — operated by Keystone Digital Labs LLC
Effective Date: March 2026  |  Last Updated: March 2026

1. Agreement to Terms

By accessing or using SubGrade (“the platform,” “the service”) at subgrade.io, including the SubGrade API, Explorer, or any associated tools, you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the platform.

SubGrade is operated by Keystone Digital Labs LLC (“we,” “us,” “our”), a Pennsylvania limited liability company.

2. What SubGrade Is

SubGrade is a satellite intelligence platform that detects land clearing, construction, and ground disturbance from Sentinel-2 satellite imagery. We process imagery to identify where ground is being broken across the United States and deliver this intelligence through:

  • A public API and authenticated REST API for developers and applications
  • An interactive web-based Explorer with map visualization and before/after satellite imagery
  • CSV exports for data analysis
  • AI assistant integrations via Model Context Protocol (MCP), compatible with Claude, ChatGPT, and other MCP-enabled tools

SubGrade may also be accessible through third-party AI platforms and app directories, including the ChatGPT App Directory. Access through any channel is subject to these Terms.

SubGrade is an infrastructure data product. We provide detection data and satellite imagery. We do not provide construction consulting, environmental compliance, legal compliance, investment advice, or any form of professional advisory service.

3. Accounts and API Access

3.1 Public Access

Certain SubGrade endpoints and the Explorer interface are publicly accessible without an account. Public access is provided for evaluation purposes and is subject to these Terms.

3.2 Account Registration

To access authenticated API endpoints and higher usage limits, you must create an account using an email address. You must provide accurate information and keep your account credentials secure. You are responsible for all activity under your account, including all API calls made using your API key.

3.3 Eligibility

You must be at least 18 years old to create a SubGrade account. If you are using SubGrade on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

3.4 API Keys

Upon registration, you receive an API key for authenticated access. Your API key is a credential equivalent to a password. You are responsible for keeping it secure. Do not share your API key publicly, embed it in client-side code, or commit it to public repositories. If you believe your API key has been compromised, regenerate it immediately through your account page.

We reserve the right to revoke or rotate API keys at any time for security reasons.

3.5 Account Termination

We reserve the right to suspend or terminate any account, revoke API access, and remove any content, with or without notice, for any reason including but not limited to violation of these Terms, abusive API usage, or conduct that is harmful to the platform or other users.

You may delete your account at any time by contacting us at contact@subgrade.io.

4. Usage Tiers and Payment

4.1 Free Tier

New accounts receive 100 API calls at no charge and with no credit card required. The free tier is intended for evaluation and testing. Free tier usage is subject to the same Terms as paid usage.

4.2 Pro Tier

The Pro tier provides 1,000 API calls per month for $49/month. Payment is processed by Stripe. By subscribing, you agree to Stripe’s terms of service. Subscription billing is monthly and recurring until cancelled.

4.3 Additional Tiers

Additional pricing tiers may be introduced as the platform evolves. Pricing and terms for new tiers will be displayed on the platform before purchase.

4.4 Usage Metering

API calls are metered per account. Usage counts are tracked by the platform and are considered authoritative. If you believe your usage count is incorrect, contact us at contact@subgrade.io.

4.5 Cancellation and Refunds

You may cancel your Pro subscription at any time through the Stripe Customer Portal accessible from your account page. Cancellation takes effect at the end of the current billing period. We do not offer refunds for partial billing periods. If you experience a technical issue that prevents you from using the service, contact us and we will work to resolve the issue or, at our discretion, issue a credit.

4.6 Rate Limiting

API endpoints are rate-limited to ensure fair use and platform stability. Current rate limits are documented in the API documentation. We reserve the right to adjust rate limits at any time.

5. Acceptable Use

5.1 Permitted Uses

You may use SubGrade data for any lawful purpose, including commercial applications, research, analysis, integration into your own products and services, and internal business intelligence.

5.2 Prohibited Uses

You agree not to:

  • Resell raw SubGrade detection data as a standalone data product that competes directly with SubGrade
  • Attempt to reverse-engineer SubGrade’s detection algorithms or processing pipeline
  • Scrape, crawl, or systematically extract data from the platform outside of the provided API endpoints
  • Use the platform to harass, stalk, or surveil individuals
  • Use detection data to facilitate illegal activity, including illegal dumping, trespassing, or evasion of environmental or zoning regulations
  • Overwhelm the API with excessive requests intended to degrade service for other users
  • Share or distribute your API key to third parties
  • Misrepresent SubGrade data as your own original data product without attribution
  • Interfere with the platform’s operation or security

5.3 Attribution

When displaying or publishing SubGrade data in applications, reports, or publications, you must include reasonable attribution to SubGrade (e.g., “Data: SubGrade” or “Source: subgrade.io”). Attribution is not required for internal use.

6. Data and Accuracy

6.1 What SubGrade Data Represents

SubGrade detections represent areas where our algorithms have identified ground disturbance by comparing satellite imagery month-over-month. Detections are classified by confidence level (HIGH, MEDIUM, LOW) based on signal strength and contextual analysis.

6.2 Limitations of Detection Data

SubGrade data is informational and is not a substitute for professional site assessment, environmental survey, ground-truth verification, or any other form of expert analysis.

Detection data has inherent limitations:

  • Sentinel-2 imagery has a spatial resolution of 10 meters. Small-scale disturbances may not be detected.
  • Cloud cover, atmospheric conditions, and seasonal vegetation changes can affect detection accuracy.
  • Our validated precision rate is 80–85% for HIGH confidence detections. This means approximately 15–20% of detections may be false positives (flagged areas where no actual ground disturbance occurred).
  • Detections indicate that a change occurred, not what type of activity caused it. A detection could represent construction, land clearing, grading, agricultural activity, natural erosion, or other causes.
  • Detections reflect changes observed in satellite imagery and may not correspond to current conditions by the time you view them.
  • Detection data includes historical observations dating back to 2021. Historical detections reflect ground conditions at the time of satellite capture and may not represent current ground conditions.

6.3 Before/After Satellite Imagery

Before/after imagery is generated from Sentinel-2 data provided by the EU Copernicus Programme. Images are natural color composites at 10-meter resolution. Image quality varies based on cloud cover, atmospheric conditions, and sun angle at the time of capture.

6.4 No Warranty on Data Accuracy

WE DO NOT WARRANT THAT DETECTION DATA IS ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. WE DO NOT WARRANT THAT DETECTIONS CORRESPOND TO ACTUAL GROUND DISTURBANCE. WE DO NOT WARRANT THAT THE ABSENCE OF A DETECTION MEANS NO GROUND DISTURBANCE HAS OCCURRED.

You are solely responsible for verifying any SubGrade data before making decisions based on it. We strongly recommend ground-truth verification before taking any action based on detection data, particularly for investment decisions, regulatory compliance, environmental assessment, or legal proceedings.

7. Intellectual Property

7.1 Our Property

The SubGrade platform, including its detection algorithms, processing pipeline, API design, branding, website design, and documentation, is the property of Keystone Digital Labs LLC. You may not copy, modify, or create derivative works from any part of the platform other than through the provided API.

7.2 Satellite Imagery

Before/after satellite imagery is derived from Sentinel-2 data provided by the EU Copernicus Programme under its free and open data policy. Copernicus Sentinel data is subject to the terms of the Copernicus Sentinel Data Terms and Conditions.

7.3 Detection Data License

When you access SubGrade data through the API or Explorer (whether on the free tier or Pro tier), you receive a non-exclusive, non-transferable license to use that data for your own purposes, subject to the restrictions in Section 5. This license does not grant ownership of the underlying data or any intellectual property rights.

8. Disclaimers

THE PLATFORM, API, DETECTION DATA, SATELLITE IMAGERY, AND ALL ASSOCIATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • The platform or API will be uninterrupted, error-free, or available at all times
  • Detection data accurately represents actual ground conditions
  • Satellite imagery is free from artifacts, cloud contamination, or processing errors
  • The platform will detect all ground disturbance in the covered area
  • Any business, investment, or regulatory decision made based on SubGrade data will produce favorable results
  • Detection confidence scores accurately predict true positive rates for any specific area or time period

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEYSTONE DIGITAL LABS LLC AND ITS MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS OPPORTUNITIES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO:

  • Your use of or inability to use the platform or API
  • Any decisions made based on detection data or satellite imagery
  • Errors, inaccuracies, or omissions in detection data
  • Undetected ground disturbance or false positive detections
  • API downtime, rate limiting, or service interruptions
  • Unauthorized access to your account or API key

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY DOLLARS ($50.00), WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify and hold harmless Keystone Digital Labs LLC and its members, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the platform or API
  • Your violation of these Terms
  • Your violation of any third party’s rights
  • Applications or products you build using SubGrade data
  • Any decisions made or actions taken based on SubGrade data

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.

11.2 Informal Resolution First

Before initiating any formal dispute proceeding, you agree to contact us at contact@subgrade.io and attempt to resolve the issue informally for at least 30 days.

11.3 Binding Arbitration

If we cannot resolve a dispute informally within 30 days, any claim, dispute, or controversy arising out of or relating to these Terms or the platform shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Arbitration will take place in Lancaster County, Pennsylvania, or at another mutually agreed location. The arbitrator’s decision shall be final and binding.

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or to address platform security concerns, without first engaging in arbitration.

11.4 Class Action Waiver

YOU AND KEYSTONE DIGITAL LABS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

11.5 Small Claims Exception

Either party may bring an individual action in small claims court in Lancaster County, Pennsylvania, if the claim qualifies.

11.6 Opt-Out of Arbitration

You may opt out of the arbitration and class action waiver provisions by sending written notice to contact@subgrade.io within 30 days of first accepting these Terms. If you opt out, disputes will be subject to the exclusive jurisdiction of the state and federal courts located in Lancaster County, Pennsylvania.

12. Service Availability

12.1 No Uptime Guarantee

SubGrade is provided without any guaranteed service level or uptime commitment. We make reasonable efforts to maintain availability but may experience downtime for maintenance, updates, or unforeseen issues.

12.2 Modifications

We may modify, suspend, or discontinue any part of the platform or API at any time, with or without notice. We will make reasonable efforts to provide advance notice of breaking changes to the API.

12.3 Data Coverage

Geographic coverage, temporal coverage, and data freshness may vary. We make no guarantee that detection data will be available for any specific location or time period.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email (if you have an account) or by posting a notice on the platform at least 14 days before the changes take effect. Your continued use of the platform after the effective date constitutes acceptance.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Keystone Digital Labs LLC regarding your use of SubGrade.

16. Contact Us

For questions about these Terms:

Email: contact@subgrade.io

Mail:
Keystone Digital Labs LLC
4069 Green Park Drive
Mount Joy, PA 17552

SubGrade

Satellite-powered land change detection.

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