Terms of Service

Terms

This website, (the “Site”), is owned and operated by MasseranoLabs LLC (“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 MasseranoLabs 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 MasseranoLabs to be in conflict with the spirit or intent of these Terms.

You agree to indemnify and hold harmless MasseranoLabs 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 MasseranoLabs 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 MasseranoLabs 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.

MasseranoLabs 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 MasseranoLabs. 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 MasseranoLabs Site’s software, maps, or other content on a temporary or permanent basis except as expressly provided herein. These Terms shall benefit MasseranoLabs 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 MasseranoLabs 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 MasseranoLabs 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 MasseranoLabs 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, MasseranoLabs 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 MasseranoLabs 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 MasseranoLabs and/or third parties and are protected by United States and international copyright laws.

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 MasseranoLabs 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 subscription fee, for any applicable sales taxes, and any other charges you may incur in connection with your use of MasseranoLabs Services. The subscription fee is billed in full on the first day of each billing period, unless and until you cancel your subscription.

We are not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by MasseranoLabs. 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 MasseranoLabs Services. Refunds will be evaluated on a case-by-case basis and at the sole discretion of MasseranoLabs.

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

Unlimited Monthly Plans

MasseranoLabs 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:

MasseranoLabs reserves the right to terminate access to its unlimited plans for any reason whatsoever, without possibility of recourse, if MasseranoLabs, at its sole discretion, deems that any of the conditions above have been violated. In such cases, MasseranoLabs 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 MasseranoLabs.

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 MasseranoLabs upon request.

Data Storage and Expiration

MasseranoLabs does not provide data storage Services. All outputs generated through the use of the Services will be permanently deleted at frequent regular intervals to keep hosting costs low. It's responsability of the user to download and store backups copies of all outputs generated through the use of the Services. Data will be held by MasseranoLabs for a period sufficient for the user to download the outputs.

Account Cancellation or Suspension

MasseranoLabs 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.

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 MasseranoLabs 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 MasseranoLabs are covered by a single notification, a representative list of such works from MasseranoLabs;
  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 MasseranoLabs to locate the material;
  4. Information reasonably sufficient to permit MasseranoLabs 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:

MasseranoLabs LLC 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 MasseranoLabs 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 MasseranoLabs 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 MasseranoLabs as a result of these Terms or use of MasseranoLabs. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and MasseranoLabs other than pursuant to these Terms.

Changes