Terms and Conditions
Welcome to Avision, Inc!
Avision, Inc offers a cloud-based software platform for commercial drones (“Services”). Since our products are cloud based, you can access them through the web and through a number of device types (e.g., desktop, laptop, tablets, and smartphone devices).
This Agreement is between you and Avision, Inc, (“Avision, Inc” or “we” or “us”) concerning your use of (including any access to) (a) Avision, Inc’s sites currently located at the list of URLs found in Section 28 (together with any materials and services available therein, and any successor site(s) thereto, the “Web Apps”), and (b) Avision, Inc’s mobile software applications (together with any materials and services available therein, and any successor application(s) thereto, the “Mobile Apps”). The Web Apps and the Mobile Apps may be referred to individually as an “App” and collectively as the “Apps”. This Agreement hereby incorporates by this reference any additional terms and conditions posted by Avision, Inc through the Apps or otherwise made available to you by Avision, Inc.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access other than as expressly set out in these Terms. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
You must be at least 16 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that:
(a) you are at least 16 years old;
(b) you have not previously been suspended or removed from the Service;
(c) you are not a member of any military or armed forces organization ;
(d) you have not previously been convicted of a crime or violated any FAA or other aviation regulation; and
(e) your registration and your use of the Service is in compliance with all applicable laws and regulations.
User Responsibility and Safety
Your use of the Service is at your sole risk. You are solely responsible for ensuring that you comply with all applicable legal requirements for the operation of any aircraft, including any requirement that you detect and avoid other aircrafts and for the safe and legal operation of any drone or unmanned aerial vehicle (collectively, “UAV”). You must at all times comply with all applicable local, state, federal, and international laws and regulations related to the operation of unmanned aerial devices and your use of the Service in your territory of operation, including any applicable laws with regard to privacy. You will obtain and maintain all necessary licenses, consents, and authorizations of any kind.
It is your responsibility to exercise reasonable judgment when evaluating whether or not it is safe or legal to operate a UAV at a given time or place. You are responsible for consulting with official sources and complying with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the use, operation, or piloting of UAVs.
Any and all airspace maps, airspace data and flight restrictions provided through the Service (a) may contain inaccuracies and are provided for informational purposes only, (b) do not constitute an official aeronautical source, (c) are not exhaustive and (d) may not be updated regularly or monitored for compliance. Even though the Apps may designate a map area as open or free of flight restrictions, this does not mean that we recommend that area for drone flight and we cannot guarantee that you may legally operate your UAV within that area. The Service is not intended for use in, and you may not use the Service for, the operation of manned aircraft navigation or communication systems, air traffic control systems, life support machines or other equipment in which the failure of the Service could lead to death, personal injury, or severe physical or environmental damage.
Your Avision, Inc Account
You may need an Avision, Inc Account in order to use our Services. You may create your own Avision, Inc Account, or your Avision, Inc Account may be assigned to you by an administrator, such as your employer. An account is defined as one named user individual (“User”) that can use the Service at a time. Multiple Users may not use the same User account, and only one human being can be associated with a particular User account. If you are using a Avision, Inc Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your Avision, Inc Account, keep your password confidential. You are responsible for the activity that happens on or through your Avision, Inc Account. Try not to reuse your Avision, Inc Account password on third-party applications.
Ownership; Proprietary Rights
The Service is owned and operated by Avision, Inc. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Avision, Inc are protected by intellectual property and other laws. Except as expressly authorized by Avision, Inc, you may not make use of the Materials. In addition, we will own any and all right, title, and interest in, and to any feedback, suggestions, information, or materials you convey to us related to the Service in connection with your use of the Service (“Feedback”). You hereby assign to Avision, Inc all right, title, and interest in such Feedback.
Billing and Payment
Access to the Service requires you to purchase a subscription and to pay our automatically recurring monthly or annual subscription fees. Access to certain features of the Service may require you to pay additional fees.
All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information. An upgrade from the free plan to any paid subscription plan will trigger a bill. For monthly payment subscription plans, the Service is billed automatically in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
Privacy and Copyright Protection
Avision, Inc’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Avision, Inc can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Your Content in our Services
Certain features of the Service may permit users to generate or post content, including messages, reviews, video, maps, models, folders, data, text, photographs, images, and data gathered by a drone or device (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. In short, what belongs to you stays yours.
The Service is controlled or operated (or both) from the United States, and is not intended to subject Avision, Inc to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Avision, Inc may provide tools through the Service that enable you to export information, including User Content, to third party services. By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
About Software in our Services
Avision, Inc gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Avision, Inc as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Avision, Inc, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The Software may contain or be accompanied by software code provided by third parties (“Third Party Software”) that is subject to separate license terms (the “Third Party Terms”), and not any license contained in these Terms. Your use of the Third Party Software in conjunction with the Service in a manner consistent with the Terms is permitted. However, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third Party Software.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionality or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. Avision, Inc may also stop providing Services to you, or add or create new limits to our
Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER Avision, Inc NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, AVISION, INC, AND AVISION, INC’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF AVISION,INC, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, AVISION,INC, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
You agree to defend, indemnify, and hold Avision, Inc and our affiliates, officers, agents, and employees harmless from and against any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees) made against us by any third party due to or arising out of your use of the Service.
Avision, Inc will not be liable for any failure or delay in the availability of the Service or any other performance of its obligations under these Terms on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause that is beyond Avision, Inc’s reasonable control, including any failure of wireless cellular services provided by any third party in connection with your use of the Service.
These Terms provide that all disputes between you and Avision, Inc will be resolved by BINDING ARBITRATION. You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Avision, Inc and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney’s fees.
About these Terms
We may modify these Terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these Terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should cancel your Avision, Inc Account and discontinue your use of that Service.
These Terms control the relationship between Avision, Inc and you. They do not create any third party beneficiary rights. If there is a conflict between these Terms and any additional terms, the additional terms will control for that conflict.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
If you have questions about this Agreement or about Avision, Inc, please visit our contact page or write to us at:
Avision, Inc 406 Broadway #218 Santa Monica, CA 90401 USA