Terms of Service

Terms

This website, (the “Site”), is owned and operated by UAV4GEO (“We” or “Us”), a Florida LLC. The purpose of this site is to provide drone processing products and services. By using the Site or any services provided on the Site (collectively, “Services”), you acknowledge that you have read, understood, and agree to be bound by the following terms of service and any future modifications to this agreement (collectively, the “Terms”). If at any time you do not agree to all these Terms, please immediately terminate your use of the Services. You, on your own behalf and on behalf of your company, acknowledge that these Terms are binding and enforceable on you and your company (collectively, “You” or “Subscriber”).

Using Our Services

Before using the Services, you must register for an account (the “Account”). When you use the Services, each request to the API must include your Account’s unique API identifier. Unauthorized use of any API identifier is prohibited.

Registering for an account means you can use the Site and Services, for both commercial and non-commercial purposes. You must adhere to all policies posted within the Services and all accompanying documentation. All such policies are hereby incorporated by reference into these Terms.

As a condition of your use of the Services, you warrant to UAV4GEO that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You agree to comply with all local rules regarding online conduct and acceptable content.

You are solely responsible for any and all acts and omissions that occur under your Account or password, and you agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services site to: (i) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (ii) disseminate, store, or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (iii) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (iv) export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions; (v) interfere, disrupt, or attempt to gain unauthorized access to other accounts or any other computer network; (vi) disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program; or (vii) engage in any other activity deemed by UAV4GEO to be in conflict with the spirit or intent of these Terms.

You agree to indemnify and hold harmless UAV4GEO and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Services, your use of the Services, your violation of these Terms, or your violation of any rights of another.

The Site allows you to access and view a variety of content, including but not limited to photographic imagery, map and terrain data, and other related information provided by UAV4GEO and its licensors. You understand and agree to the following with respect to all content made available by or through the Site:

Certain content is provided under license from third parties, and is subject to copyright and other intellectual property rights owned by or licensed to such third parties. You may be held liable for any unauthorized copying or disclosure of this content. You understand that when using the Site you will be exposed to user submissions and other third party content from a variety of sources (“Third Party Content”), and that you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or otherwise objectionable. We do not endorse any Third Party Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will UAV4GEO be liable in any way for or in connection with the Third Party Content, including, but not limited to, for any inaccuracies, errors, or omissions in any Third Party Content, any intellectual property infringement with regard to any Third Party Content, or for any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, emailed, or otherwise displayed or transmitted through the Site.

UAV4GEO reserves all rights not expressly granted to you. The use of the Site, including its software, services, maps, and other content, is licensed only to you and may not be transferred to anyone without the prior written consent of UAV4GEO. Any authorized transferee shall agree in writing to be bound by the terms and conditions of these Terms. In no event may you copy, loan, rent, time-share, sublicense, assign, transfer, lease, sell or otherwise dispose of the UAV4GEO Site’s software, maps, or other content on a temporary or permanent basis except as expressly provided herein. These Terms shall benefit UAV4GEO and its successors and assigns. You may not, or permit any third party to, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive any source code from the Site’s software. All logos and product names appearing on or in connection with the Site are proprietary to UAV4GEO or its licensors and/or suppliers. You agree never to remove any proprietary notices or product identification labels from the Site’s software, maps, and other content, if applicable. The limited license granted above terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of the limited license, you agree to immediately destroy any downloaded or printed materials from the Site, including software, maps, and other content.

Attribution

You agree to provide attribution to all appropriate data sources and not take measure to remove or obscure them when already in place. You understand that payment for UAV4GEO services that offers “branding-free maps” does not waive your responsibility to provide attribution when required or requested.

Your Content

Your content is your content. You retain ownership of all content that You contribute to the Services, but in order to provide the Services hereby grant UAV4GEO a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to access, copy, cache and store such content and to allow others to do so for the purpose of troubleshooting and improving the Services. On termination of Your membership to the Site and use of the Services, UAV4GEO shall make all reasonable efforts to promptly remove from the Site and cease use of the content; however, You recognize and agree that caching of or references to the content may not be immediately removed. You warrant, represent, and agree You have the right to grant UAV4GEO the rights set forth above.

All other materials displayed or performed on the Site, including, but not limited to text, graphics, maps, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations are the property of UAV4GEO and/or third parties and are protected by United States and international copyright laws.

Permission to use Customer's Company Names and Logos

UAV4GEO may use your Company Names and Logos in case studies, promotional materials, or other write-ups, unless you request otherwise. In no case shall UAV4GEO's marketing wording indicate that your company endorses, trusts or is in a partnership with UAV4GEO.

About These Terms

We reserve the right to modify, add, or delete portions of or otherwise change these Terms at any time without notice to you by posting the changed Terms on the Site. All changes shall be effective immediately upon posting. Please check these Terms periodically for changes. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.

If any term in this agreement is not enforceable for any reason, other terms will not be affected.

Payments

Some of the Services require payment. You agree that UAV4GEO shall be permitted to charge your credit card on an ongoing basis in advance of providing its services or as needed for prepayments, for your plan fee, for any applicable sales taxes, and any other charges you may incur in connection with your use of UAV4GEO Services. The plan fee is billed in full on the first day of each billing period, unless and until you cancel your plan.

We are not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by UAV4GEO. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.

You may cancel at any time. There is no required length of time associated with using UAV4GEO Services. Refunds will be evaluated on a case-by-case basis and at the sole discretion of UAV4GEO.

We reserve the right to change our fees, but will notify you in advance of increases.

Unlimited Monthly Plans

UAV4GEO offers monthly plans for unlimited processing on its network. The word "unlimited" means you can process as many datasets as the network is capable of handling, for the duration of your plan, as long as:

UAV4GEO reserves the right to terminate or limit access to its unlimited plans for any reason whatsoever, without possibility of recourse, if UAV4GEO, at its sole discretion, deems that any of the conditions above have been violated. In such cases, UAV4GEO may terminate the plan without notice. Users may receive a pro-rated basis refund for any remaining time on their plan in case of such termination by UAV4GEO.

These limitations do not apply to Pay As You Go plans.

Plans renew automatically, unless they are canceled. Plans can be canceled at any time. Upon cancellation, the plan benefits will continue to be available to the user until the end of the plan period. Pro-rated refunds will be given at the sole discretion of UAV4GEO upon request.

Use of Multiple Accounts

Use of multiple accounts is generally allowed, except in cases where the use of multiple accounts is done to circumvent limitations imposed by unlimited monthly plans. This applies to business entities and individuals. For example, if you're setup with an unlimited monthly plan that imposes a maximum limit of 2 concurrent tasks, don't create a second account and sign up for another plan to circumvent this limit. Upgrade your existing plan instead.

Data Storage and Expiration

UAV4GEO stores all processed data in a temporary storage for 14 days. All outputs generated through the use of the Services will be permanently deleted from temporary storage at frequent regular intervals to keep hosting costs low. Data will be held by UAV4GEO for a period sufficient for the user to download the outputs.

UAV4GEO also offers a cloud platform ("Cloud Platform"), which includes storage space for longer-term data storage and access. The use of such longer-term space requires an active monthly/yearly plan ("Plan"), with disk quota limits enforced throughout the duration of the plan. The use of the Cloud Platform is optional.

Tasks, images and any other data stored on the Cloud Platform will be deleted upon termination of a Plan. Failure to renew a Plan will result in permanent, irreversible data deletion. UAV4GEO will attempt to, but will not guarantee, a grace period of 14 days starting from the first day of the Plan's termination during which data will be retained before it is permanently deleted. If you let the Plan expire, UAV4GEO will delete your data on the Cloud Platform without possibility of recovery. If you exceed your allocated disk quota while using the Cloud Platform, we will delete the most recent data until the disk quota falls below your allocated amount. It is your responsability to not exceed the disk quota in order to avoid data deletion.

Service Reliability

UAV4GEO strives to maintain the highest level of service reliability for Services. However, the UAV4GEO does not guarantee that the service will be entirely error-free or uninterrupted. You acknowledge that temporary service interruptions or data loss may occur due to various factors, including but not limited to hardware failures, software bugs, security breaches, maintenance activities, or other unforeseen circumstances.

Data Backups

You are solely responsible for regularly backing up the data stored on our storage systems, whether temporary or longer-term, including but not limited to the data stored on the Cloud Platform. UAV4GEO provides tools and options for data backup, and it is the user's responsibility to utilize these features to protect against data loss.

No Liability for Data Loss

UAV4GEO shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of data, profits, revenue, or business, arising from or related to the use or inability to use the Services.

Account Cancellation or Suspension

UAV4GEO may cancel or suspend your Account for any reason by providing you thirty days advance notice unless there is sufficient cause to terminate the Account immediately due to fraud, abuse, misuse, or malicious behavior. You may cancel at any time, no notice needed. Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the Site after we cancel or suspend your Account. You are responsible for backing up your data that you use with the Services. If we cancel your Account in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we cancelled your Account.

You must be 13 years or older to use the Services. By registering as a user or providing personal information on the site, you represent that you are at least 13 years old.

Complimentary Coupon

Whereas it has been acknowledged by UAV4GEO that few individuals undertake the perusal of this document in its entirety, as an expression of gratitude for the diligence exhibited thus far, from the Dashboard, the following promotional code may be utilized to obtain 50 complimentary credits: TOSCHAMP

Disclaimers

Limitation of Liability and Damages

Digital Millennium Copyright Act Compliance

If you are a copyright owner or an agent thereof, and believe that any user submission or other UAV4GEO content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512©(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on UAV4GEO are covered by a single notification, a representative list of such works from UAV4GEO;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit UAV4GEO to locate the material;
  4. Information reasonably sufficient to permit UAV4GEO to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated Copyright Agent to receive notifications of claimed infringement is:

UAV4GEO Email: [email protected]

Additional Terms

These Terms shall be governed by and construed in accordance with the laws of Florida without giving effect to any principles of conflicts of law. You agree that any action at law or inequity arising out of or relating to these Terms or UAV4GEO shall be filed only in the Florida or federal courts in and for Florida and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts for the purposes of litigating any such action. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of UAV4GEO to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and UAV4GEO as a result of these Terms or use of UAV4GEO. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and UAV4GEO other than pursuant to these Terms.

Changes