User’s Acknowledgment and Acceptance of Terms
We process images submitted by you in order to generate certain derived images, models, data, and analysis (herein sometimes “analysis,” or “data”). You will be notified when the results are available on our Site so that you can download the results. Once the images are submitted to us for processing, you will not have access to them. We do not guarantee that these will be stored for any length of time, except during the time we are processing the images, and for 24 hours after notifying you that our analysis is complete. You should never send us your only copy of these images. You should always send us a copy. The resulting analysis and data will be saved and made available for this period of 24 hours from the time you are notified. You need to download the resulting analysis and data within this period. Beyond this period, AS reserves the right to delete the resulting analysis and data entirely, or levy additional charges for storing them. If we find that the submitted images do not satisfy our pre-conditions/quality criteria as determined by us whether or not posted on our Site, we reserve the right to reject the entire set.
We provide technology to help you analyze your drone videos and data. The decisions you make following receipt of that analysis and the way that you interpret and react to this analysis and data is your own. You acknowledge and agree that the quality and quantity of the decisions you make following receipt of our output are not the responsibility of AS. Without limiting the generality of the foregoing, you acknowledge and agree that, (i) we only analyze data, (ii) we do recommend any course of action following delivery of that analysis, and (iii) we do not investigate any aspect of the video we receive, including to ensure accuracy, nor the data we provide. You acknowledge and agree that you are the one deciding to act or not act on any analysis provided by us. You acknowledge and agree that We do not have special expertise to make any recommendations following delivery of our analysis (other than making really useful software).
The analysis we provide is non-transferable. You cannot sell or give away data or analysis you receive. Your AS account is also non-transferable. That means if one person signs up, you cannot transfer ownership of that account to another person.
If you ever feel like our Site could be better please let us know how.
When you sign up on our site you will provide us with a valid credit or debit card or other payment method acceptable to us and will keep such card active and updated at all times. You agree (i) that we may begin charging you as soon as you begin accessing a service for which there is a charge, and (ii) to pay for all services received through our Site, whether or not satisfied therewith. You acknowledge and agree that no charges by us are refundable to you. All pricing terms are confidential, and you agree not to disclose them to any third party. You agree to provide Us with complete and accurate billing and contact information, and to update such information within 10 days of any change.
Guarantee, Warranty, and Limitations on Damages
There is no warranty on any of the information, analysis, or data we provide. What we will promise is that we’ll do our best to provide accurate analysis of the video and data you provide to us. If you are given information or analysis that is ina/ccurate, although we’ll be deeply sorry, you agree that you can’t hold us liable for it (or the results) legally or morally.
WE PROVIDE THE SITE, ITS CONTENT AND OUR SERVICES “AS IS”, WHERE IS, AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE ANY INFORMATION OR ANALYSIS GIVEN YOU OR THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS SITE OR OUR SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU USE OUR SITE AT YOUR OWN RISK.
You acknowledge that we are not and cannot be involved in transactions and communications between you and any third parties. In the event that you have a dispute with one or more third parties you release us and hereby hold us (and our agents, directors, officers, employees and content providers) harmless from any and all claims, demands, and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, whether or not suit is instituted, arising out of or in any way connected with the Site, or your use hereof or activities hereon (the “Released Claims”). You waive the provisions of any state law limiting or prohibiting a general release and acknowledge that you have read and understand, and expressly waive the benefits of, Section 1542 of the Civil Code of California which provides that A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. You agree that we have no liability, whatsoever, for the unavailability of the Site caused by failure on or concerning the site or lack of maintenance or other work to keep the Site operable. We will also not have any liability for any loss of data or transactions resulting from delays or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network internal or external to the Site.
IN NO EVENT SHALL AS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF (i) U.S. $1,000 AND (ii) THE AMOUNTS WHICH YOU HAVE ACTUALLY PAID TO US IN CONNECTION WITH YOUR USE OF THIS SITE. THIS LIMITATION MAY NOT BE APPLICABLE IN CERTAIN CIRCUMSTANCES OR CERTAIN STATES.
Intellectual Property Ownership and Confidentiality
You own the videos and data you provide to us. You acknowledge that we will not return that video and data to you. We agree that we will not transfer that video and data to any third party other than as set forth herein. You acknowledge that we have a license to use that video and data for the purposes of providing the services we offer. If we are compelled by law to deliver or produce your video or data, we will try to alert you of such as soon as reasonable. However, you acknowledge and agree that we own all intellectual property rights in all analysis, reports, and data produced by us (“Work Product”). We hereby grant you a license to use that analysis, reports, and data produced by us on and through our system.
To avoid doubt, you retain sole ownership of your confidential information and your intellectual property and, to the extent your confidential information or intellectual property is incorporated into the Work Product, it will be removed prior to any use or disclosure by AS to a third party.
If you leave us, we’ll miss you dearly but we won’t hold you back. To cancel, just email our Client Happiness team at: firstname.lastname@example.org and ask us to cancel your account. We may cancel your account for any or no reason immediately upon notice to you.
We are based in the United States of America, and make no claims that We or our content is appropriate or may be legally accessed, used, or downloaded outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access our Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.