Terms of Use

 

User’s Acknowledgment and Acceptance of Terms

Aspect Scire, Inc. (“AS” “Us” or “We”) provides the www.aspecscire.com site and various related sites, apps, systems, and services (collectively, the “Site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. However, for any material modifications to the Terms of Use or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Use will automatically be effective upon the earlier of (i) your continued use of this Site with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Use on this Site. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Use in effect at the time such dispute arose.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.

Our Services

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.

To ensure the quality of the AS experience, we have set-up our Terms of Use for our mutual benefit. If you violate these rules it will mean you’ve broken the Terms of Use and this may result in a termination of your account.

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.

Fees

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.

You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your registration with, use of, or activities on the Site, your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you. In connection with any such defense, you shall employ counsel acceptable to us, and we shall be entitled to participate in such defense at our own cost and expense.

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.

The limitations of liability provided in these Terms of Use inure to the benefit of AS, our affiliates and to all of our respective officers, directors, employees, attorneys and agents.

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.

As used in these Terms of Use, your confidential information means non-public information that you provide to AS, including your personal information (i.e., your name, your social security number, your credit card information, and similar information), but does not include information that (1) becomes generally available to the public other than an unauthorized disclosure by AS; (2) was or becomes available to AS on a non-confidential basis prior to your disclosure of the information to AS; (3) is independently developed by AS without using your confidential information; or (4) information we are required to disclose by a warrant, subpoena or other request in an investigation or legal proceeding or where disclosure is necessary to protect AS’s rights or property, or the rights or property of our other clients.

As used in these Terms of Use, your intellectual property means patents, trademarks and copyrights owned by you and any insights, knowledge, and ideas provided by you in connection with creation of the Work Product.

Cancellations

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: support@aspecscire.com and ask us to cancel your account. We may cancel your account for any or no reason immediately upon notice to you.

Governing Law

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.

By accessing, registering with, or using the Site, you agree that these Terms of Use and your use of the Site shall be governed in all respects by the internal substantive laws of the State of California, without regard to conflicts of laws rules and shall not be governed by the United Nations Convention on the International Sale of Goods or the laws of any other jurisdiction, state or country. You further submit to exclusive jurisdiction and venue in the state and federal courts located in the State of California in and for the county of San Mateo and further agree that any cause of action, lawsuit, arbitration, or other dispute resolution procedure you may bring arising under or concerning this Site, or your use of or activities in connection with this Site shall be brought by you exclusively in the state or federal court or arbitration facility located in the State of California, San Mateo County having subject matter jurisdiction thereof.