Introduction

At AirMap, Inc., we care about your privacy and want you to be familiar with how we collect, use and share information in connection with the AirMap Services, as defined herein. This Privacy and Cookie Policy (the “Policy”) describes our practices in connection with the Personal Data that we collect, use and share through the AirMap websites (currently available at www.airmap.com, app.airmap.com, and world.hangar.com) and any successor website, on both desktop and mobile web browsers (the “Website”); through the software applications made available by us for use on or through computers and mobile devices (the “Apps”); through any drone or unmanned aircraft systems (“UAS”) that you own or operate and that are used in connection with any of our services (each, a “Drone”); and through HTML-formatted email messages that we send to you (collectively, including the Websites, the Apps and Drones, the “Services”). By providing Personal Data to us or using our Services, you agree to the terms and conditions of this Policy and to us collecting, holding, using and disclosing your Personal Data in accordance with it.

This Privacy and Cookie Policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this Privacy and Cookie Policy.

It is important that you read this Privacy and Cookie Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy and Cookie Policy supplements other notices and privacy policies and is not intended to override them.

Particularly Important Information

Who We Are: AirMap is made up of different legal entities, details of which can be found below:

AirMap, Inc.
409 Santa Monica Blvd., Suite 2A
Santa Monica, CA 90401 USA

AirMap Deutschland GmbH
22 Fritz-von-Weidenback-Straße
Miesbach BY 83714, Germany

AirMap Switzerland GmbH
c/o Zedra Trust Company (Suisse) SA
Branch Office Zurich
Gartenstrasse 23
8002 Zurich, Switzerland

AirMap France SAS
37-59 Avenue Ledru Rollin
75012 Paris, France

AirMap Singapore Pvt Limited
50 Raffles Place
#32-01 Singapore Land Tower
Singapore 048623

Hangar Technology, Inc.
110 Wild Basin Road, Ste. 150
Austin Texas, 78746

This Privacy and Cookie Policy is issued on behalf of the AirMap Group so when we mention “AirMap”, “we”, “us” or “our” in this Privacy and Cookie Policy, we are referring to the relevant company in the AirMap Group responsible for processing your data. For purposes of applicable data protection legislation, the data controller of your Personal Data is:

AirMap, Inc.
409 Santa Monica Blvd., Suite 2A
Santa Monica, CA 90401 USA

Contact details: If you have any questions about this Privacy and Cookie Policy, including any requests to exercise your rights, you may contact us at:

Attn: Compliance Team
AirMap, Inc.
409 Santa Monica Blvd., Suite 2A
Santa Monica, CA 90401 USA
compliance‌@airmap.com

Changes to this Policy: We will post any modifications or changes to the Policy on our website. We reserve the right to modify the Policy at any time, so we encourage you to review it frequently. The “Last Updated” legend above indicates when this Policy was last changed. If we make any material change(s) to the Policy, we will post a notice on our website prior to such changes taking effect.

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

1. The Data We Collect About You

As used in this Policy, “Personal Data” includes (i) any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number; or (ii) an opinion about an identified individual or an individual who can be reasonably identified from the opinion, regardless of whether such opinion is true. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:

• Identity Data includes first name, last name, username or similar identifier, title, photo, pilot registration number, a copy of a driver’s license or government ID, operator ID, age, or social media account ID.
• Contact Data includes billing and/or physical address, email address and telephone numbers.
• Drone Data includes a drone’s physical location, including its flight path or telemetry data, a serial number, UAS ID, operation descriptions, or other information that identifies the Drone.
• Employment Data includes data about your professional life such as Curriculum Vitae or cover letter.
• Financial Data includes bank account and payment card details.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Technical Data includes internet protocol (IP) address, your Media Access Control (MAC) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, your interactions with the apps or website, and other technology on the devices you use to access this Website, our App, or our Services.
• Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
• Usage Data includes information about how you use our Website, App, and Services.
• User Generated Data includes the personal information that may be contained in any video, comment or other submission you upload or post to the Services.

If you fail to provide personal data

Where we need to collect Personal Data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with Services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

2. How is Your Personal Data Collected

We collect information about you in the following ways:

Information You Give Us Directly. This includes:

• Identity, Contact, and Financial Data when you register to use our Services;
• User Generated Data that may be contained in any video, comment or other submission you upload or post to the Services;
• Identity and Contact Data you provide in connection with participating in our contests, sweepstakes, and other promotions we run with the Services;
• Identity and Contact Data you provide when you report a problem with the Services, ask us to contact you or when we provide you with customer support;
• Identity, Contact, Financial, and Transaction Data you provide to us when you make a purchase through the Services; and
• Identity and Contact Data you provide to us when you correspond with us by phone, email or otherwise; and
• Drone Data you provide when you operate a Drone; and
• Marketing and Communications Data, such as your preferred means of communicating with us, when you voluntarily provide it.

Information We Receive from Social Networking Sites. Our Services include(s) interfaces that allow you to connect with social networking sites (each a “SNS”). If you connect to a SNS through our Services, you authorize us to access, use and store the information that you agreed the SNS could provide to us based on your settings on that SNS. We will access, use and store that information in accordance with this Policy. You can revoke our access to the information you provide in this way at any time by amending the appropriate settings from within your account settings on the applicable SNS.

Information We Receive from Other Sources. We may also collect information about you from the following other sources:

1. Technical Data from analytics providers such as Google based in the United States;
2. Contact, Financial and Transaction Data from providers of technical and payment services;
3. Identity and Contact Data from data brokers and aggregators.
4. Identity and Contact Data from your friends and other people with whom you are connected on social media platforms;
5. Drone, Identity and Contact Data from our developers, if you have agreed to share your information with them;
6. Identity and Contact Data from your friends and other people with whom you are connected on social media platforms;
7. Drone Data from drone manufacturers and our developer partners.

Information We Collect Automatically. We automatically Identity, Technical and Usage Data about you and your computer or mobile device when you access the Services from our computer and/or our App.

3. Cookies

What Are Cookies?
We may collect information using “cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on the Services.

We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits the Services; and (2) third party cookies, which are served by service providers on the Services, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.

Cookies We Use
Our Services use the following types of cookies for the purposes set out below:

Disabling Cookies
You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.

Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com.uk.

If you do not accept our cookies, you may experience some inconvenience in your use of Services. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit.

4. Flash Technology

We may also use Flash cookies (which are also known as Flash Local Shared Object (“LSOs”)) on our Services] to collect and store information about your use of our Services. Unlike other cookies, Flash cookies cannot be removed or rejected via your browser settings. If you do not want Flash cookies stored on your computer or mobile device, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel at https://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html. You can also control Flash LSOs by going to the Global Storage Settings Panel at https://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager03.html and following the instructions. Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our Services.

5. Pixel Tags

We may also use pixel tags (which are also known as web beacons and clear GIFs) on our Services to track the actions of users on our Services. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags measure the success of our marketing campaigns and compile statistics about usage of the Services, so that we can manage our content more effectively. The information we collect using pixel tags is not linked to our users’ Personal Data.

6. Do Not Track Signals

We also may use cookies and other tracking technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

We currently do not respond to do not track signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Some internet browsers may be configured to send “Do Not Track” signals to the online services that you visit.

7. Using Your Personal Data

We will only use your Personal Data when the law allows us to. Most commonly, we will use your Personal Data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

Click here to find out more about the types of lawful basis that we will rely on to process your Personal Data.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message, or as otherwise required under applicable law. You have the right to withdraw consent to marketing at any time by contacting us.

We have set out below, in a table format, a description of all the ways we plan to use your Personal Data, and, if you are based in the European Union, which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Marketing
We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing. We have established the following Personal Data control mechanisms:

Promotional offers from us.

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased or used Services from us and you have not opted out of receiving that marketing.

Third-party marketing
We will get your express opt-in consent before we share your Personal Data with any third party for marketing purposes.

Opting out
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.

Where you opt out of receiving these marketing messages, this will not apply to Personal Data provided to us as a result of service purchase, service experience or other transactions.

Change of purpose
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

8. Sharing Your Personal Data

We may share your Personal Data as follows:

• Third Parties Designated by You or implied by Your use of the Services. We may share your Personal Data with third parties where you have requested that we do so, where your actions justify us to share that information for purposes of the Services, when you have chosen to publicly share your flights with others or where you have provided your consent for us to do so. That may include:
  • Airports, air navigation service providers, civil aviation authorities, or other airspace managers including those that have an AirMap UTM Dashboard, EOM, UAS Traffic Viewer, UTM Center or other account pursuant to https://www.airmap.com/utm-dashboard-dnas-terms-service/ (“Dashboard user”) or contract with us, for example, when you provide notice of a nearby operation, file a flight plan on the Services, where your flight intersects with a certain jurisdiction where an Dashboard user is located and we inform the Dashboard user of your flight, or when you request authorization to operate;
  • other users, such as to anyone to whom you send messages through the Services; and
  • messaging or social services, such as message boards, chat, profile pages, blogs and other services to which you are able to post information and materials or communicate with other users of the Services (please note that any information you post or disclose through these services may become public and may be available to users of the Services and to the general public);
  • your friends or contacts associated with your social media account, other website users and to your social media account provider, in connection with your social sharing activity, such as if you connect your social media account to your Services account or log into your Services account from your social media account.
  • By connecting your Services account and your social media account, you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media site’s privacy policy. If you do not want your Personal Data shared with other users or with your social media account provider, please do not connect your social media account with your Services account, and do not participate in social sharing on the Services.
• Our Third Party Service Providers and Developers. We may share your Personal Data with our third party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment information technology and related infrastructure provision, customer service, email delivery, auditing and other similar services. We may also share your Personal Data with our developers to provide services to you. These third parties are only permitted to use your Personal Data on our behalf and instructions and to the extent necessary to enable them to provide their services to us and you. They are required to comply with applicable data privacy law and to implement appropriate security measures to protect your Personal Data.
  • If you make a payment through the Services, your Personal Data may be collected by a third party, and not by us, and will be subject to the third party’s privacy policy, rather than this Policy. We have no control over, and are not responsible for, this third party’s collection, use and disclosure of your Personal Data.
  • If you submit any Personal Data relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Policy.
• Third Party Advertisers. We may share with your consent Personal Data with advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
• Third Party Sponsors of Sweepstakes. We may share Personal Data with sponsors for sweepstakes, contests and similar promotions which you choose to participate.
• Affiliates. We may share some or all of your Personal Data with our affiliates, in which case we will require our affiliates to comply with this Policy. In particular, you may let us share Personal Data with our affiliates where you wish to receive marketing communications from us and such marketing communications are served by or using our affiliates.
• Corporate Restructuring. We may share Personal Data when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
• Drone Manufacturers. We may share Personal Data with the manufacturer in connection with the operation of your Drone.
• Other Disclosures. We may share Personal Data as we believe necessary or appropriate: (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements, including public and government authorities outside your country of residence; (c) to enforce our Policy; (d) to enforce our terms and conditions; (e) to protect our rights, privacy, safety or property, and/or that of you, our affiliates or others; (f) to allow us to pursue available remedies or limit the damages that we may sustain; (g) with your express consent to the disclosure or where your consent may be reasonably inferred from the circumstances.

9. Aggregated/Anonymous Data

When we use the term “anonymous data,” we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party.

We may create anonymous data from the Personal Data we receive about you and other individuals whose Personal Data we collect. Anonymous data might include analytics information and information collected by us using cookies. We make Personal Data into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyses usage patterns in order to make improvements to our Services.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website or App feature. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy and Cookie Policy.

10. Third Party Sites

Our Services may contain links to third party websites and features. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data to them. In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer.

11. User Generated Content

You may share Personal Data with us when you submit user generated content to our Services, including via any promotion, forums, message boards, and blogs on our Services. Please note that any information you post or disclose on our Services will become public information, and will be available to other users of our Services and to the general public. We urge you to be very careful when deciding to disclose your Personal Data, or any other information, on our Services. Such Personal Data and other information will not be private or confidential once it is published on our Services.

If you provide feedback to us, we may use and disclose such feedback on our Services, provided we do not associate such feedback with your Personal Data

12. International Data Transfer

Your Personal Data may be stored and processed in any country where we have facilities or in which we engage service providers, and, by using the Services, you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Information.

ADDITIONAL INFORMATION REGARDING THE EEA: Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission, to protect your Personal Information. You may obtain a copy of these measures here.

ADDITIONAL INFORMATION REGARDING AUSTRALIAN USERS: If you are a resident of Australia please note that your personal information may be disclosed to overseas recipients within the AirMap Group (see list of entities and countries in the Introduction to this Policy) as well as to our service providers outside of Australia.

13. Security

We have put in place appropriate organizational, technical and administrative measures to protect Personal Data within our organization. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.

Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us using the details in Section 19 below. We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

14. Retention

We will only retain your Personal Data as long as reasonably required for you to use and provide you with the Services unless a longer retention period is required or permitted by law (for example for regulatory purposes).

To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data: see Section 17, “Your Rights” below for further information.

In some circumstances we will anonymise your Personal Data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

15. Our Policy on Children

Our Services are not directed to children under 16. If a parent or guardian becomes aware that his or her child has provided us with information without parental consent, he or she should contact us using the details in Section 19 below. We will delete such information from our files as soon as reasonably practicable.

16. Sensitive Personal Data

We do not collect and ask that you please do not send us or otherwise disclose to us through the Services or any Website functionality allowing you to upload or post videos, comments and other user generate content on our Website and App, any sensitive Personal Data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership). We also do not collect nor expect to receive from you any information about criminal convictions and offences.

17. Your Rights

Under certain circumstances, you have rights under data protection laws in relation to your Personal Data. Please click on the links below to find out more about these rights:

• Request access to your Personal Data
• Request correction of your Personal Data
• Request erasure of your Personal Data
• Object to processing of your Personal Data
• Request restriction of processing your Personal Data
• Request transfer of your Personal Data
• Right to withdraw consent

If you wish to exercise any of these rights, please contact us using the details in Section 19 below. In your request, please make clear: (i) what Personal Data is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.

No fee usually required
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

18. Complaints

We are committed to resolve any complaints about our collection or use of your Personal Data. If you would like to make a complaint regarding this Policy or our practices in relation to your Personal Data, please contact us at: compliance‌@airmap.com. We will reply to your complaint as soon as we can. We hope to resolve any complaint brought to our attention.

If you are based in Australia or the European Union, please note that you have the right to make a complaint at any time to your national regulator for data protection issues (the Office of the Australian Information Commissioner at www.oaic.gov.au if you reside in Australia, or the relevant Data Protection Authority in your country of residence if you reside in the EU). We would, however, appreciate the chance to deal with your concerns before you approach the regulator so please contact us in the first instance.

19. Contact Information

We welcome your comments or questions about this Policy. You may contact us at compliance‌@airmap.com or:

Attn: Compliance Team
AirMap, Inc.
409 Santa Monica Blvd., Suite 2A
Santa Monica, CA 90401 USA

20. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Data for our legitimate interests. We do not use your Personal Data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your Personal Data where it is necessary for compliance with a legal obligation that we are subject to.

Consent means any freely given, specific, informed and unambiguous indication of your wishes by which you, by a statement or by a clear affirmative action, signify agreement to the processing of Personal Data relating to you.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.

Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios:

• If you want us to establish the data’s accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://www.airmap.com/privacy-notice-for-california-residents/.

Your Nevada Privacy Rights
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: compliance@airmap.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

Please read these Terms of Service (the “Agreement”) carefully. Your use of the Apps (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and AirMap, Inc. (“AirMap” or “we” or “us”) concerning your use of (including any access to) (a) AirMap’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) AirMap’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 AirMap through the Apps or otherwise made available to you by AirMap.

BY USING THE APPS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT. IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE APPS ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. REFERENCES TO “YOU” AND “YOUR” IN THIS AGREEMENT WILL REFER TO BOTH THE INDIVIDUAL ACCESSING THE APPS AND TO ANY SUCH ORGANIZATION.

1. Changes

We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Apps. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your use of the Apps following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Apps (including access to the Apps via any third-party links); charge, modify or waive any fees required to use the Apps; or offer opportunities to some or all Apps users.

2. Safety

Your use of the Apps is at your sole risk. You are solely responsible for the safe and legal operation of any drone or unmanned aerial vehicle (collectively, “UAV”). 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. The fact that the Apps may report there is no flight restriction in effect is not a guarantee that it is safe or legal to operate a UAV. These resources are provided for informational purposes only and are not considered official aeronautical sources. 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 Apps (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 Apps are not intended for use in, and you may not use the Apps 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 Apps could lead to death, personal injury, or severe physical or environmental damage.

By using the Apps and entering these Terms, you represent and warrant that your use of the Apps complies and will comply with all applicable laws, statutes, and regulations, and that you will not use the Apps except as permitted under these Terms.

3. Use of Apps to Operate Third-Party Hardware

You may use the Apps to control a third-party unmanned aerial vehicle (UAV) or drone, including recreational and commercial UAVs together with its physical products and other hardware and firmware (collectively called “Third-Party Hardware”) in flight. You may also use the Apps to plan flight paths for Third-Party Hardware.

You are responsible for obtaining and maintaining Third-Party Hardware, including the UAV, its controller, all communications equipment, telecommunications and other services needed to access or use the Apps. You agree that (a) you will use each Third-Party Hardware only in conformity with the applicable Third Party-Hardware terms of use, user manual, and safety guidelines; (b) you will use and maintain with due care, and will not deface, modify, use or operate any Third-Party Hardware in any illegal manner or for any illegal purpose in violation of any applicable international or U.S. federal, state, or local law or regulation; and (c) you will not (and will not permit others to) remove, deface, or otherwise obstruct any regulatory or certification markers affixed to Third-Party Hardware. You further agree to operate your Third-Party Hardware in conformity with the user’s manual and Safety Guidelines provided by the third party. Also, prior to operation of any Third-Party Hardware using the Apps, you agree to update the Third-Party Hardware to the most recent version of any third-party software and firmware required to operate the Third-Party Hardware.

When using the Apps to operate Third-Party Hardware, you acknowledge and agree that 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.

4. Information Submitted Through the Apps

Your submission of information through the Apps is subject to and governed by AirMap’s Privacy & Cookie Policy, located at https://www.airmap.com/privacy-policy (the “Privacy Policy”). The Privacy Policy is an integral part of this Agreement and is expressly incorporated by reference, and by entering into this Agreement you agree to all of the terms of the Privacy Policy. You represent and warrant that any information you provide in connection with the Apps is and will remain accurate and complete, and that you will maintain and update such information as needed.

AirMap may from time to time update or revise the Privacy Policy. If AirMap makes any material change(s) to the Privacy Policy, we will post a notice on our website prior to such changes taking effect. Your use of the Apps following any such update or revision constitutes your agreement to be bound by and comply with the Privacy Policy as updated or revised.

AirMap is a provider of UAS services within the FAA’s Low-Altitude Authorization and Notification Capability (LAANC). LAANC may be used to satisfy compliance with ATC authorization. Information provided here is based on real-time and available projected information on airspace status and airport-specific maps, and that information is subject to change. Planning tools should be checked prior to flight for any changes that could impact the operation. AirMap provides LAANC services subject to the terms of the FAA’s Privacy Statement, which is available at https://www.faa.gov/uas/programs_partnerships/uas_data_exchange/privacy_statement/.

5. Jurisdictional Issues

The Apps are controlled or operated (or both) from the United States, and are not intended to subject AirMap to any non-U.S. jurisdiction or law. The Apps may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Apps is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Apps’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

6. Rules of Conduct

In connection with the Apps, you must not:

• Post, transmit or otherwise make available through or in connection with the Apps any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
• Post, transmit or otherwise make available through or in connection with the Apps any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
• Use the Apps for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the Apps.
• Interfere with or disrupt the operation of the Apps or the servers or networks used to make the Apps available, including by hacking or defacing any portion of the Apps; or violate any requirement, procedure or policy of such servers or networks.
• Restrict or inhibit any other person from using the Apps.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Apps except as expressly authorized herein, without AirMap’s express prior written consent.
• Reverse engineer, decompile or disassemble any portion of the Apps, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark or other proprietary rights notice from the Apps.
• Frame or mirror any portion of the Apps, or otherwise incorporate any portion of the Apps into any product or service, without AirMap’s express prior written consent.
• Systematically download and store App content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather App content, or reproduce or circumvent the navigational structure or presentation of the Apps, without AirMap’s express prior written consent.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Apps.

7. Products

The Apps may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by AirMap or by third parties, and may be made available for any purpose, including general information purposes. The availability through the Apps of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.

8. Transactions

We may make available the ability to purchase or otherwise obtain certain Products through the Apps (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.

AirMap reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to AirMap’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Apps, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Apps. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

9. Registration, User Names and Passwords

You may need to register to use all or part of the Apps. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not AirMap, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your App account.

10. Profiles and Forums

App visitors may make available certain materials (each, a “Submission”) through or in connection with the Apps, including on profile pages or on the Apps’ interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. AirMap has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE APPS, YOU DO SO AT YOUR OWN RISK.

11. License

For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Apps or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place AirMap under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Apps, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

12. Monitoring

We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Apps, or analyze your access to or use of the Apps. We may disclose information regarding your access to and use of the Apps, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

13. Your Limited Right to Use the Apps

Subject to your compliance with this Agreement, and solely for so long as you are permitted by AirMap to use the Apps, you may view one (1) copy of any portion of the Web Apps to which we provide you access under this Agreement, on any single device. The Web Apps are licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by AirMap to use the Mobile Apps, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Mobile Apps on a mobile device that you own or control. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Mobile Apps and remove (that is, uninstall and delete) the Mobile Apps from your mobile device.

14. AirMap’s Proprietary Rights

We and our suppliers own the Apps, which are protected by proprietary rights and laws. Our trade names, trademarks and service marks include AIRMAP, NOFLYZONE, and DRONEZONING and any associated logos. All trade names, trademarks, service marks and logos on the Apps not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Apps should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

The Apps may contain certain open source and third-party software components (collectively, “Third-Party Components”). Each Third-Party Component is licensed under the Third-Party Component’s applicable license agreement (“Third-Party License”). Nothing in the Agreement is intended to modify the user’s rights or obligations with respect to any Third-Party Component set forth in the applicable Third-Party License.

Any fees charged by AirMap in connection with the Apps do not apply to any Third-Party Components for which fees may not be charged under the applicable Third-Party License. To the extent that this Agreement contains any warranty, support, indemnity or liability terms or any other terms and conditions not included in the applicable Third-Party License, these terms and conditions are not offered by or made on behalf of any third-party author, developer, or contributor of the applicable Third-Party Components. Where the terms of any specific Third-Party License entitle a licensee to the source code of the applicable Third-Party Component, that source code is available from AirMap upon request at support@airmap.com. A nominal fee may be charged by AirMap for processing such request.

15. Third-Party Materials; Links

Certain App functionalities may make available access to or incorporate information, products, services and other materials made available by third parties, such as airspace mapping data derived from aviation authorities, airspace information providers, government agencies, municipalities, or other sources, and Submissions (“Third-Party Materials”), or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials.

We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by AirMap with respect to any Third-Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the Apps at any time. In addition, the availability of any Third-Party Materials through the Apps does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider.

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).

16. Promotions

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Apps may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

17. Disclaimer of Warranties

THE APPS AND ANY PRODUCTS AND THIRD-PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. AIRMAP DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPS AND ANY PRODUCTS AND THIRD-PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH AIRMAP AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

AIRMAP MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, AS TO THE ACCURACY OF INFORMATION THAT IS PROVIDED BY AIRMAP or provided by OR MADE AVAILABLE BY AVIATION AUTHORITIES, AIRSPACE INFORMATION PROVIDERS, GOVERNMENT AGENCIES, STATES, MUNICIPALITIES, OR OTHER PUBLICLY AVAILABLE SOURCES, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.

While we try to maintain the timeliness, integrity and security of the Apps, we do not guarantee that the Apps are or will remain updated, complete, correct or secure, or that access to the Apps will be uninterrupted. The Apps may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Apps. If you become aware of any such alteration, contact us at support@airmap.com with a description of such alteration and its location on the Apps.

18. Limitation of Liability

AIRMAP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, AIRMAP WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE APPS OR FROM ANY PRODUCTS OR THIRD-PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPS OR ANY PRODUCTS OR THIRD-PARTY MATERIALS IS TO STOP USING THE APPS. THE MAXIMUM AGGREGATE LIABILITY OF AIRMAP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AIRMAP TO USE THE APPS OR $100. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH AIRMAP AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

19. Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless AirMap and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Apps (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.

20. Termination

This Agreement is effective until terminated. AirMap may terminate or suspend your use of the Apps at any time and without prior notice, for any or no reason, including if AirMap believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Apps will immediately cease, and AirMap may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2–11 and 13–27 shall survive any expiration or termination of this Agreement.

21. Governing Law; Arbitration

The terms of this Agreement are governed by the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND AIRMAP, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT AIRMAP AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

22. Filtering

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org) and OnGuard Online (http://onguardonline.gov). Please note that AirMap does not endorse any of the products or services listed on such sites.

23. Information or Complaints

If you have a question or complaint regarding the Apps, please send an e-mail to support@airmap.com. You may also contact us by writing to 406 Broadway, # 304, Santa Monica, CA 90401, or by calling us at (844) 383-3696. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

24. Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Apps infringe your copyright, you (or your agent) may send to AirMap a written notice by mail, e-mail or fax, requesting that AirMap remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to AirMap a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices must be sent in writing to AirMap as follows: By mail to Greg McNeal, 406 Broadway #304, Santa Monica, CA 90401; by e-mail to copyright@airmap.io; by Fax to (844) 383-3696, AirMap’s phone number is (844) 383-3696.

We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

25. Export Controls

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

27. Apple-Specific Terms

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Mobile Apps compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the Mobile Apps. Apple is not providing any warranty for the Mobile Apps except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Mobile Apps and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Mobile Apps, including any third-party product liability claims, claims that the Mobile Apps fail to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Mobile Apps, including those pertaining to intellectual property rights, must be directed to AirMap in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the Mobile Apps on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Mobile Apps, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, AirMap’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

28. List of URLs

https://www.airmap.com/

29. Data Attribution

The Apps may use the following data sources. Information required by the data source to be displayed to you or rights to be attributed are as follows:

CASA (Civil Aviation Safety Authority): Airspace information related to Australia is not approved under Australian Civil Aviation Safety Regulation Part 175 (CASR Part 175), is advisory only, and is not to be used for the purpose of air navigation; therefore, ensure the following disclaimer is used: Map not to scale. Do not use for navigational purposes.

© Civil Aviation Safety Authority – This work is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non‑commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved.

Airservices Australia: Aeronautical data for Australia included in this product has been reproduced under license from Airservices Australia. © Copyright 2020 Airservices Australia.

Fire Hazards and Incidents – ACT: Fire Hazards and Incidents Data for ACT, Australia has been sourced from ACT Emergency Service Agency and is licenced under the CC BY 4.0
ACT Emergency Service Agency – https://esa.act.gov.au/contact-us/emergency-contacts
CC BY 4.0 – https://creativecommons.org/licenses/by/4.0/

Fire Hazards and Incidents – NSW: Fire Hazards and Incidents Data for NSW, Australia has been sourced from NSW Rural Fire Service and is licenced under the CC BY 4.0
NSW Rural Fire Service – https://www.rfs.nsw.gov.au/about-us/contact-us
CC BY 4.0 – https://creativecommons.org/licenses/by/4.0/

Fire Hazards and Incidents – VIC: Fire Hazards and Incidents Data for VIC, Australia has been sourced from VIC Emergency and is licenced under the CC BY 4.0
VIC Emergency – https://emergency.vic.gov.au/respond/
CC BY 4.0 – https://creativecommons.org/licenses/by/4.0/

Fire Hazards and Incidents – TAS: Fire Hazards and Incidents Data for TAS, Australia has been sourced from Tasmania Fire Service and is licenced under the CC BY 4.0
Tasmania Fire Service – http://www.fire.tas.gov.au/Show?pageId=colContactUs
CC BY 4.0 – https://creativecommons.org/licenses/by/4.0/

Fire Hazards and Incidents – SA: Fire Hazards and Incidents Data for SA, Australia has been sourced from South Australia Country Fire Service and is licenced under the CC BY 4.0
South Australia Country Fire Service – https://www.cfs.sa.gov.au/site/home.jsp
CC BY 4.0 – https://creativecommons.org/licenses/by/4.0/

Fire Hazards and Incidents – WA: Fire Hazards and Incidents Data for WA, Australia has been sourced from Emergency WA and is licenced under the CC BY 4.0
Emergency WA- https://www.emergency.wa.gov.au/#
CC BY 4.0 – https://creativecommons.org/licenses/by/4.0/

Fire Hazards and Incidents – QLD: Fire Hazards and Incidents Data for QLD, Australia has been sourced from Queensland Fire and Emergency Services and is licenced under the CC BY 4.0
Queensland Fire and Emergency Services – https://www.qfes.qld.gov.au/Pages/Contact-Us.aspx
CC BY 4.0 – https://creativecommons.org/licenses/by/4.0/

High Voltage Electricity Transmission Lines: For Australia, High Voltage Electricity Transmission Lines data has been sourced from the Geoscience Australia, Australian Government and is licensed under the CC BY 4.0
Geoscience Australia, Australian Government – https://ecat.ga.gov.au/geonetwork/srv/eng/catalog.search#/metadata/83105
CC BY 4.0 – https://creativecommons.org/licenses/by/4.0/

Marine Zones: For Australia, Marine Parks data has been sourced from the Department of Agriculture, Water and the Environment, Australian Government and is licensed under the CC BY 4.0
Department of Agriculture, Water and the Environment, Australian Government – http://www.environment.gov.au/about-us/contact-us
CC BY 4.0- https://creativecommons.org/licenses/by/4.0/

CASA: Helicopter Landing Sites, CASA Advisories and CASA Notifications for Australia included in this product have been reproduced under license from CASA – https://www.casa.gov.au/about-us/contact-us

Please read these Terms of Service (the “Agreement”) carefully. Your use of the Services (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and AirMap, Inc. (“AirMap” or “we” or “us”) concerning your use of (including any access to) AirMap’s UTM Dashboard, Digital Notice and Awareness System (“D-NAS”), UTM Center, Enterprise Operations Management (“EOM”) Center, UAS Traffic Viewer, or UAS Traffic Viewer Pro or any and any successor site(s) thereto, currently located at http://dashboard.airmap.com (together with any materials and services available therein, collectively, the “Services”)

This Agreement hereby incorporates by this reference any additional terms and conditions posted by AirMap through the Service or otherwise made available to you by AirMap.

BY USING THE SERVICES, YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND THE CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. REFERENCES TO “YOU” AND “YOUR” IN THIS AGREEMENT WILL REFER TO BOTH THE INDIVIDUAL ACCESSING THE SERVICES AND TO SUCH ORGANIZATION.

1. Changes

We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Services (including access to the Services via any third-party links); charge, modify or waive any fees required to use the Services; or offer opportunities to some or all Services users.

2. Information Submitted Through the Service

The Service may invite you to submit information. Your submission of information through the Service is subject to and governed by AirMap’s Privacy Policy, located at https://www.airmap.com/privacy-policy/ (the “Privacy Policy”).

Through the Service you may also have access to certain information including personal information in connection with flights submitted through the AirMap web or mobile apps, or from a developer partner or USS (UAS Service Supplier), and displayed through the Services. Your access and use of that personal information shall be governed by the terms of the DPA (Data Processing Addendum) available here and CCPA (California Consumer Privacy Act) SPA (Service Provider Addendum) available here.

3. Safety

The Services may enable you to communicate with unmanned aerial vehicle (“UAV”), or drone operators (“Operators”). You acknowledge that Operators may inform you of their intended flight plans, but the Services do not track the location of UAVs in real-time and do not verify the accuracy of Operator-submitted information.

It is your responsibility to exercise reasonable judgment when communicating with Operators and to ensure that any communications or advisories are accurate and up-to-date. You acknowledge that AirMap cannot guarantee that an Operator will receive your communications or comply with your requests or advisories.

You are responsible for consulting with official sources and complying with all applicable local, state, federal and foreign laws regarding the use or operation of UAVs and communicating with Operators. You represent and warrant that any information you provide in connection with the Services, including any airspace maps, airspace data, airport location or contact information, and flight notifications or restrictions is and will remain accurate and complete, and that you will maintain and update such information as appropriate.

All UAV location information, airspace maps, airspace data, airport location information, contact information, notifications and flight restrictions provided through or as part of the Services (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.

4. Jurisdictional Issues

5. Rules of Conduct

In connection with the Services, you must not:

• Post, transmit or otherwise make available through or in connection with the Services any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
• Post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
• Use the Services for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the Services.
• Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services; or violate any requirement, procedure or policy of such servers or networks.
• Restrict or inhibit any other person from using the Services.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services except as expressly authorized herein, without AirMap’s express prior written consent.
• Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark or other proprietary rights notice from the Services.
• Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without AirMap’s express prior written consent.
• Systematically download and store content provided or made available through the Services.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather content provided or made available through the Services, or reproduce or circumvent the navigational structure or presentation of the Services, without AirMap’s express prior written consent.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Services.

6. Registration, User Names and Passwords

You will need to register to use portions of the Services using the email address or other credentials supplied by your Organization to Company. Company may limit your access to the Site to that period of time agreed upon in a Services Agreement, after which your access may be revoked. If you would like to access the Site beyond such period of time, please contact Company. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not AirMap, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your account.

7. Profiles and Forums

Users of the Services may make available certain materials (each, a “Submission”) through or in connection with the Services, including on profile pages or on the Services’ interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. AirMap has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.

8. License

For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place AirMap under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Services, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

9. Monitoring

We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Services, or analyze your access to or use of the Services. We may disclose information regarding your access to and use of the Services, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

10. Your Limited Right to Use the Service; Free Trials and Beta Services

Subject to your compliance with this Agreement, and solely for so long as you are permitted by AirMap to use the Service, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to access and use the Services. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Services.

We may offer a “beta” version or features of the Services (the “Beta Service”) or free trials of versions or features of the Services (“Free Trials”). The availability, duration (the “Trial Period”) and features of each Beta Service and Free Trial will be specified on the order. THE BETA SERVICE AND FREE TRIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Notwithstanding anything to the contrary in this Agreement, in no event will we be liable to you or any third party for any damages or liability related to, arising out of, or caused by the Beta Service or Free Trials and any modification, suspension, or termination thereof. Upon completion of a Trial Period, you will no longer be able to access the applicable Beta Service and/or Free Trial, unless you subscribe to such Services as a paid subscriber, the AirMap agrees to renew the Free Trial, or as otherwise agreed to by AirMap. Except as provided in this Section 10, this Agreement governs your use of the Beta Service and the Free Trials, as part of the Services.

11. AirMap’s Proprietary Rights

We and our suppliers own the Services, including the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, and all other elements of the Services, are protected by and the Services are protected by proprietary rights and laws. We reserve all rights to the Services not granted expressly in this Agreement.

Our trade names, trademarks and service marks include AIRMAP, DRONEZONING, and any associated logos. All trade names, trademarks, service marks and logos in the Services not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained in the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

The Services may contain certain open source and third-party software components (collectively, “Third-Party Components”). Each Third-Party Component is licensed under the Third-Party Component’s applicable license agreement (“Third-Party License”). Nothing in the Agreement is intended to modify the user’s rights or obligations with respect to any Third-Party Component set forth in the applicable Third Party License.

Any fees charged by AirMap in connection with the Services do not apply to any Third-Party Components for which fees may not be charged under the applicable Third-Party License. To the extent that this Agreement contains any warranty, support, indemnity or liability terms or any other terms and conditions not included in the applicable Third-Party License, these terms and conditions are not offered by or made on behalf of any third party author, developer, or contributor of the applicable Third-Party Components. Where the terms of any specific Third-Party License entitle a licensee to the source code of the applicable Third Party Component, that source code is available from AirMap upon request at support@airmap.com. A nominal fee may be charged by AirMap for processing such request.

12. Third Party Materials; Links.

Certain functionalities of the Services may make available access to or incorporate information, products, services and other materials made available by third parties, such as airspace mapping data derived from aviation authorities, airspace information providers, government agencies, municipalities, or other sources, and Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by AirMap with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. In addition, the availability of any Third Party Materials through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

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).

13. Disclaimer of Warranties

THE SERVICES AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. AIRMAP DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH AIRMAP AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

AIRMAP MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, AS TO THE ACCURACY OF INFORMATION THAT IS PROVIDED BY AIRMAP OR PROVIDED BY OR MADE AVAILABLE BY OPERATORS, AVIATION AUTHORITIES, AIRSPACE INFORMATION PROVIDERS, GOVERNMENT AGENCIES, STATES, MUNICIPALITIES, OR OTHER PUBLICLY AVAILABLE SOURCES, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.

While we try to maintain the timeliness, integrity and security of the Services, we do not guarantee that the Services are or will remain updated, complete, correct or secure, or that access to the Services will be uninterrupted. The Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, contact us at support@airmap.com with a description of such alteration and its location in the Services.

14. Limitation of Liability

AIRMAP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, AIRMAP WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, OR FROM PROFESSIONAL SERVICES (DEFINED IN SECTION 20), OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE SERVICES. THE MAXIMUM AGGREGATE LIABILITY OF AIRMAP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AIRMAP TO USE THE SERVICES OR $100. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH AIRMAP AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

15. Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless AirMap and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Services (including all Submissions); and (b) any violation or alleged violation of this Agreement by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

16. Termination

This Agreement is effective until terminated. If you violate any provision of this Agreement, your permission from us to use the Services will terminate automatically. AirMap may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if AirMap believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, (i) your right to use the Services will immediately cease, and AirMap may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials; (ii) your right to use any information obtained through the Services shall cease immediately and you shall return or destroy such information in your possession. Sections 2–9 and 11–19 shall survive any expiration or termination of this Agreement.

17. Governing Law; Arbitration

The terms of this Agreement are governed by the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND AIRMAP, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT AIRMAP AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures, as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

18. Information or Complaints

If you have a question or complaint regarding the Services, please send an e-mail to support@airmap.com. You may also contact us by writing to 409 Santa Monica Blvd. Suite 2A, Santa Monica, CA 90401, or by calling us at (844) 383-3696. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

19. Miscellaneous

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and AirMap. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and AirMap relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and AirMap relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting through the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. AirMap will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

20. Professional Services

If You are obtaining professional services from AirMap, such as training, configuration or set up (collectively “Professional Services”) AirMap’s performance of Professional Services is subject to the following additional terms: The performance of all Professional Services by AirMap is dependent upon timely input, delivery of materials, and cooperation from You where required to enable AirMap to provide the Professional Services. AirMap warrants the Professional Services will be provided in a professional manner in accordance with generally recognized industry standards for similar services.

AirMap’s sole liability and Your sole and exclusive remedy for breach of this warranty shall be as follows: AirMap shall use reasonable commercial efforts to promptly cure any such breach.

Please read carefully: AirMap, Inc. (“AirMap”) or its Affiliates (collectively referred to as “AirMap”) makes the SDK and the service, including any Free Trial or Beta Service (the “Service”), (as defined in section 3) available to you on the condition that you accept all of the terms and conditions contained in this SDK and API License Agreement (the “Agreement”). You are agreeing to this Agreement on behalf of yourself and, if applicable, the organization on whose behalf you are downloading or using the SDK or the Service (the “Organization”). You represent that you are of legal age to enter into this Agreement and if you are acting on behalf of an Organization, you represent that you have the legal authority to bind such Organization to this Agreement. You and such Organization (if any) are referred to collectively in this Agreement as “Licensee.”

The pricing for the Services is set forth in Annex A: Pricing hereto.

Licensee may not, and agrees not to, download, install, access or use the SDK or the Service if: (a) Licensee does not agree to be bound by these terms; (b) Licensee is barred from accessing or using the SDK or the Service under the laws of the country in which Licensee is located; or (c) Licensee provides or develops a product or service that is competitive with, a substitute for, or substantially similar to the Service at any time during the term of this Agreement.

1. Objective; Changes

Subject to the terms and conditions of this Agreement, Licensee desires to use, and AirMap will make available, the SDK for Licensee’s development and distribution of an Application that will access the Service via the API.

We may change this Agreement from time to time and may notify you of those changes. Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Services (including access to the Services via any third-party links); charge, modify or waive any fees required to use the Services; or offer opportunities to some or all Services users.

Licensee’s downloading, installing, accessing, or continuing to use the SDK or the Service following such notice of any updates to this Agreement constitutes Licensee’s acceptance of such updates. The “LAST UPDATED” legend above indicates the date on which updates to this Agreement were last posted.

2. Definitions

Capitalized terms not otherwise defined in this Agreement will have the meanings attributed to them in Section 17.

3. Licenses; Free Trials and Beta Services

3.1. SDK License. Subject to the terms and conditions of this Agreement, AirMap hereby grants to Licensee, throughout the term of this Agreement, a personal, limited, non-exclusive, non-transferable, and non-sublicensable worldwide license for Licensee to: (a) use and make copies of the SDK, and create derivative works based on the Sample Code and Tools, in order to internally develop and test an Application for the purpose of enabling such Application to access the Service; (b) copy and distribute the API, Documentation and Sample Code (and derivative works based on the Sample Code) in object code form as incorporated into an Application (and not on a standalone basis) to End Users; and (c) sublicense End Users the right to use the API and Sample Code as incorporated into an Application (and not on a standalone basis) pursuant to a EULA.

3.2. Right to Access the Service. Subject to and conditioned on the terms and conditions of this Agreement, AirMap hereby grants to Licensee throughout the term a personal, limited, non-exclusive, non-transferable, and non-sublicensable worldwide right to access and use, and to enable End Users to access and use pursuant to a EULA, the Service via the API as incorporated into an Application.

3.3. Content License. Subject to and conditioned on the terms and conditions of this Agreement, AirMap hereby grants to Licensee throughout the term a personal, limited, non-exclusive, non-transferable, and non-sublicensable worldwide right to use, and to enable End Users to use pursuant to a EULA, the Content, as the Content is provided in the Service, in an Application.

3.4. Changes. AirMap may, at any time and without liability, modify or discontinue all or part of the SDK or the Service. AirMap reserves the right to release subsequent versions of all or any portion of the SDK or the Service and to require Licensee to use the most recent version thereof, and Licensee will, at its own cost and expense, only use the SDK and the Service in compliance with AirMap’s then-current specifications and other requirements.

3.5. Restrictions. Except as expressly permitted by this Agreement, Licensee will not, and will not enable or assist any End User or third party to, directly or indirectly: (a) distribute, disclose, use, reproduce, sublicense, or otherwise exploit the SDK or the Service; (b) modify, adapt, or create derivative works of the SDK or the Service; (c) decompile, disassemble or reverse-engineer the SDK or the Service, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the SDK or the Service, except to the extent expressly permitted by Law notwithstanding a contractual prohibition to the contrary; (d) impede or interfere with AirMap’s use, distribution or other commercialization of the SDK or the Service; (e) perform, or release the results of, benchmark tests or other comparisons of the SDK or the Service with any other product or service; or (f) use the SDK or Service for any purpose other than the purposes expressly contemplated under this Agreement or otherwise fail to abide by any other limitations or instructions provided by AirMap from time to time.

3.6. Beta Services and Free Trials. We may offer a “beta” version or features of the Services (the “Beta Service”) or free trials of versions or features of the Services (“Free Trials”). The availability, duration (the “Trial Period”) and features of each Beta Service and Free Trial will be specified on the order, Annex A, or the pricing list made available to you on our website. Upon completion of a Trial Period, you will be billed annually for access to the Services. You may cancel your Beta Service/Free Trial at any time during the Trial Period. If you cancel your Beta Service/Free Trial during the Trial Period you will not be charged and you will no longer be able to access the applicable Beta Service and/or Free Trial, unless you subscribe to such Services as a paid subscriber, AirMap agrees to renew the Free Trial, or as otherwise agreed to by AirMap.

The pricing for the non-beta or non-trial Services is set forth in Annex A: Pricing hereto.

4. End User Terms

4.1. End User License Agreement. Licensee will ensure that, prior to an End User’s access or use of an Application, the End User is bound by an end user license agreement with Licensee that contains terms that are at least as protective of AirMap, the SDK, and the Service as the terms and conditions set forth in this Agreement and the Terms of Service and satisfies the other requirements set forth in this Section 4.1 (a “EULA”). The EULA must expressly provide that:

4.1.1.(a) the fact that the Service may report that there is no flight restriction in effect does not guarantee that it is safe, legal, or otherwise advisable to operate a UAV and the End User is responsible for exercising reasonable judgment when evaluating whether or not it is safe, legal, or otherwise advisable to fly a UAV at a given time or place;

4.1.2.(b) the Content and Service may include information from aviation authorities, municipalities, or other publicly available sources, and any manned airspace information contained therein is typically updated at industry-standard twenty-eight (28) day intervals;

4.1.3.(c) the Services do not provide or constitute any consent or approval which may be required from any authority or any property owner to fly a UAV at a given time or place;

4.1.4.(d) the End User’s use of the Application and any UAV is at such End User’s sole risk and the End User acknowledges that the data provided via the Application may not be accurate; and

4.1.5.(e) the End User may not use the Application to provide any third party with any feedback or additional data regarding any airspace data made available by AirMap.

AirMap will be a third party beneficiary of each EULA and reserves the right at any time to require Licensee to enforce the terms of any EULA if the End User fails to comply with any material terms of that EULA. If Licensee becomes aware of, or AirMap notifies Licensee regarding, any failure to comply with the terms set forth in this Section 4.1, Licensee will promptly respond to and investigate each such notice and will take all necessary measures to promptly remedy such noncompliance within no more than five (5) business days. Licensee will promptly notify AirMap upon becoming aware of any use of an Application in a manner that is not in compliance with the terms and conditions described in this Section 4.1. As between the parties, Licensee is solely responsible for any violation of any Laws or breach of any applicable third party terms or conditions by Licensee or any End User.

4.2. Privacy Policy. If any Application accesses, uses, associates, or collects from End Users any information that constitutes Personal Data, Licensee must: (a) disclose such activities to each such End User through a conspicuously posted privacy policy of Licensee; (b) obtain all consents and rights from End Users as necessary under applicable data privacy laws for AirMap to access and process such information in accordance with AirMap’s then-current Privacy Policy for AirMap to provide Licensee access to the Service via the API; (c) only access, use, associate, or collect such information if and when, and only for the limited purposes for which, the applicable End User has consented to such activities; (d) comply, and cause all Applications to comply, with all applicable data privacy Laws, privacy policies, and internal policies of Licensee; and (e) retain such information only as long as necessary for such Application to perform the function for which such information was provided, or otherwise as the applicable End User has expressly consented. Licensee’s privacy policy must notify End Users that Licensee is using the Service and include a link to AirMap’s then-current Privacy Policy (at https://www.airmap.com/privacy-policy/ or such other URL as AirMap may provide, “AirMap Privacy Policy” or “Privacy Policy”). Such privacy policy of Licensee must provide notice to End Users of Licensee’s sharing of their Personal Data with AirMap for AirMap’s use of such information for such purposes as contemplated by this Agreement.

4.3. Location Data. To query the Service, Licensee or Licensee’s End Users must provide accurate location data, and may provide Personal Data and such other data only as required in connection with the Service. AirMap may use and disclose such data to provide and improve the Content and Service and for any other purpose. Licensee agrees to not provide AirMap with any Personal Data beyond what is required by the Service without AirMap’s prior written consent. Licensee represents and warrants that the data Licensee or Licensee’s End Users provides to AirMap has been collected, transmitted, maintained, processed, and used in compliance with all Laws and policies, including the applicable iOS and Android terms of service and privacy policies. Without limiting the generality of the foregoing, Licensee will notify and obtain consent from each End User prior to the collection, transmission, maintenance, processing, or other use of End User’s location data and if such consent is denied or withdrawn, Licensee will not, whether via an Application or otherwise, collect, transmit, maintain, process or use the applicable End User’s location data or Personal Data or perform any other actions for which such End User’s consent has been denied or withdrawn.

5. Application Specifications and Licensee Obligations

5.1. Prohibited Uses and Modifications. Licensee will ensure that each Application complies with all Laws, including those in any jurisdictions in which such Application may be offered or made available. No Application will be designed, marketed, or used for control of manned aircraft or vehicles, any machinery that is not a UAV, or for any emergency or life-saving purposes. No Application may disable, override, or otherwise interfere with any system alerts, warnings, display panels, consent panels and the like implemented or required by AirMap, including those that are intended to notify the End User that the End User’s location data is being collected, transmitted, maintained, processed, or used, or intended to obtain consent for such use. Licensee warrants that it will not make any deceptive or misleading representations or statements regarding AirMap, the SDK or the Service, including Licensee’s relationship thereto, whether to an End User or any third party.

5.2. Content Restrictions. Licensee will ensure that each Application does not: (a) use, incorporate or make available any airspace data (whether owned, controlled or licensed by Licensee or any third party) in or through such Application, other than the AirMap content made available by AirMap to Licensee via the Service under this Agreement; (b) contain any malware, malicious or harmful code, program or other internal component (e.g., computer viruses, Trojan horses, or “backdoors”) which could damage, destroy or adversely affect any software, firmware, hardware, data, systems, features or networks; (c) contain any content that shocks the conscience, or that may be considered hateful, obscene, pornographic or defamatory; or (d) include any content that Licensee does not either own or have permission from the applicable content owners to use in such Application.

5.3. Security. Licensee will ensure that each Application contains protections that are adequate to keep secure and prevent the interception of any information transmitted to, from or through the Service or SDK. Licensee will ensure that each Application receives and transmits such information with a protocol at least as secure as TLS v1.2 cipher suites, and in any event with protocols that are at least as secure as those being accepted by the Service. Licensee will immediately notify AirMap of any security deficiencies (including any actual or suspected theft, loss or misuse of data or actual or suspected vulnerabilities that may result in any such theft, loss or misuse) that Licensee discovers or suspects in connection with any Application, the SDK, or the Service, by contacting AirMap pursuant to Section 15.8. Licensee agrees to notify AirMap immediately of any unauthorized use of any usernames, passwords, Keys and other credentials issued to Licensee by AirMap or any other breach of security relating to the SDK or the Service.

5.4. API Keys. AirMap may allocate one or more Keys to Licensee to enable Licensee or its End Users to access the Service. Licensee may only access the Service through a Key allocated expressly to Licensee. Licensee will not permit or enable the Application to make any API calls without the applicable Key. AirMap may allocate or decline to allocate a Key to Licensee or an End User on an API-by-API basis, and may allocate different Keys for development and production purposes. Licensee will not develop, distribute or use any functionality that would disable, hack, or bypass any security measures or digital rights management mechanisms, including accessing or using proprietary, internal or legacy application programming interfaces or data feeds that are not intended by AirMap to be available to Licensee. Keys may be subject to suspension or deactivation by AirMap to ensure usage consistent with this Agreement. Licensee will not, and will not assist or enable any third party to, falsify or alter any Key or otherwise obscure or alter the source of calls coming from an Application. Licensee is responsible for maintaining the confidentiality and security of all usernames, passwords, Keys, and other credentials issued to Licensee by AirMap.

5.5. Evaluation by AirMap. Licensee will, on a monthly basis, provide AirMap with a list of all Applications using or incorporating the SDK or otherwise accessing the Service that are made available to End Users by or on behalf of Licensee. Upon AirMap’s request, Licensee will provide AirMap, at no charge, with fully operational access to an Application (including test accounts, etc.) for purposes of evaluating: (a) compliance with the terms and conditions of this Agreement; (b) compatibility with the Service; and (c) the security of such Application. Licensee further agrees that AirMap may (but has no obligation to) carry out such compliance, compatibility and security testing, and Licensee hereby grants to AirMap a non-exclusive, worldwide, royalty-free, sublicensable, perpetual license to use such Application for such purposes. AirMap may delay or prevent the activation of Licensee’s Key for such Application, or delay or prevent the use of all or any portion of the SDK in connection with such Application, until the successful completion of any such testing. AirMap may reject any Application for any reason and at any time (including after the activation of a Key for such Application or otherwise after the use of the SDK in connection with such Application), in AirMap’s discretion.

5.6. Marketing. Subject to Section 7.1, each party may disclose in marketing, promotional, and other materials the fact that it has entered into this commercial relationship with the other party. Each Application will clearly and conspicuously attribute AirMap as the source of any data that is based on or derived from data provided by AirMap, including by displaying the AirMap logo (in a manner reasonably acceptable to AirMap) on any map that incorporates any such data.

6. Attribution

6.1. Inclusion. Licensee will not remove or alter any copyright, patent, confidentiality or other proprietary notices appearing on or in copies of the SDK or the Service.

7. Confidentiality

7.1. Confidential Information. Licensee may obtain access to Confidential Information in connection with this Agreement. Licensee agrees to: (a) take reasonable steps to protect the Confidential Information, provided that such steps must be at least as protective as those that Licensee takes to protect its own confidential information of similar nature, but in no event less than a reasonable standard of care; (b) permit access to Confidential Information only to those employees, contractors and agents of Licensee who need to know such information, and who have agreed to keep such information confidential under confidentiality obligations at least as protective of AirMap as those set forth in this Agreement; (c) not disclose, publish or communicate Confidential Information to any third party (or authorize its employees, agents or anyone else to do so) except as expressly permitted under this Agreement; and (d) use and disclose Confidential Information only for purposes set forth in this Agreement.

8. Proprietary Rights

8.1. SDK and the Service. AirMap will retain all of its Intellectual Property Rights in the SDK and the Service. Each party agrees that it will acquire no Intellectual Property Rights under this Agreement except for the rights expressly set forth in this Agreement. For the avoidance of doubt, the SDK is licensed, not sold, and the SDK is licensed solely for use under the terms and conditions of this Agreement, and AirMap reserves to itself all rights not expressly granted to Licensee under this Agreement. Licensee will not, and will not assist any third party to contest (except to the extent that such prohibition is prohibited by Law) the validity of, or take any action that is inconsistent with, or could directly or indirectly impair, infringe, derogate from or encumber, AirMap’s rights in the SDK or the Service.

8.2. Applications. AirMap agrees that other than: (a) any portion of the SDK incorporated into Licensee’s Application; or (b) as set forth in Section 5.5, AirMap obtains no right, title or interest from Licensee (or Licensee’s licensors) under this Agreement in or to any Application, including any Intellectual Property Rights therein. Licensee represents and warrants that each Application (including its development, marketing, distribution and use) does not infringe the Intellectual Property Rights of any third party, and that Licensee has obtained all necessary consents with respect to any third-party Intellectual Property Rights.

8.3. Feedback. Licensee and End Users may provide AirMap with feedback regarding the SDK or the Service (“Feedback”). Licensee, on behalf of itself and End Users, hereby grants and agrees to grant to AirMap a worldwide, non-exclusive, fully paid-up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to commercialize, practice and use the Feedback for any purpose.

8.4. Trademark License. Each partyhereby grants to the other party a non-exclusive, royalty- free, worldwide right and license to use, reproduce, publish, distribute and publicly display the other party’s names, trade names, trademarks, logos and service marks (“Marks”) in order to reference the other party and the general activities described in this Agreement in promotional, advertising and marketing materials, except however, regarding use or AirMap Marks, Licensee shall obtain the prior written consent from AirMap. Each party agrees that any goodwill generated by a party in any Marks owned by the other party will inure to the benefit of proprietor of the Marks. Without limiting the foregoing, all Applications using a map with AirMap data must include proper attribution to AirMap by displaying the AirMap logo visibly on such map.

8.5. Third Party Components. AirMap does not own, and makes no claim to own, the Intellectual Property Rights in any Third Party Components”) and no Third Party Components are licensed to Licensee by AirMap. Licensee is solely responsible for obtaining all necessary consents and other rights with respect to such Third Party Components and, subject to the terms and conditions of this Agreement, Licensee will comply with all third party terms, conditions and policies that apply to such consents and other rights. AirMap is not responsible for any use of the SDK to run any applications developed by a third party or any applications that access Third Party Components, including for any performance, quality, accuracy, reliability or other aspect related to such use. Licensee is solely responsible and liable for accessing or using Third Party Components, and AirMap is not liable for any loss or damage that Licensee may suffer as a result of accessing or using such Third Party Components. At no time will Licensee do anything (including develop, market or distribute any Application) that in any way would cause any portion of the Service, the SDK or other AirMap proprietary software to be subject to any open source license, including any “copyleft” license.

9. Term; Termination

9.1. Generally. AirMap may terminate this Agreement for its convenience, for any reason or no reason immediately upon notice.

9.2. Effects of Termination. Notwithstanding anything to the contrary in this Agreement, no termination of this Agreement will relieve Licensee of any of its obligations or liabilities accrued prior to such termination. Upon termination for any reason: (a) all rights granted to Licensee under this Agreement will immediately cease; (b) Licensee will immediately cease all activities authorized by this Agreement; and (c) Licensee will immediately cease using, and will immediately destroy or return to AirMap (at AirMap’s option), all copies of the SDK and of any derivatives thereof then in Licensee’s possession, custody or control and, in the case of destruction, certify to AirMap that Licensee has done so. Termination of this Agreement by AirMap will be without prejudice to any other right or remedy that AirMap may have, now or in the future.

9.3. Survival. The provisions of Sections 2, 3.5, 4, 5.1-5.3, 7, 8.1-8.3, 8.5, 9.2, 9.3, 10-15, and 17 will survive the termination of this Agreement.

10. Disclaimer of Warranties

NEITHER AIRMAP NOR ITS AFFILIATES MAKE ANY WARRANTIES, AND EACH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SDK,THE SERVICE, FREE TRIALS OR BETA SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, INFORMATIONAL CONTENT, PERFORMANCE (INCLUDING RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SDK OR THE SERVICE), SYSTEMS INTEGRATION, INTERFERENCE WITH ENJOYMENT, OR OTHERWISE, AND THOSE WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. NO WARRANTY IS MADE THAT USE OF THE SDK OR THE SERVICE WILL BE ERROR-FREE, TIMELY, SECURE, OR UNINTERRUPTED, THAT THE SDK OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY ERRORS OR DEFECTS IN THE SDK OR THE SERVICE WILL BE CORRECTED, OR THAT THE SDK OR THE SERVICE’ FUNCTIONALITY WILL MEET LICENSEE’S REQUIREMENTS, INCLUDING COMPLIANCE WITH LAWS APPLICABLE TO LICENSEE (INCLUDING ANY PARTICULAR DATA PRIVACY, SECURITY OR RELATED LAW). EXCEPT AS EXPRESSLY SET FORTH HEREIN, USE OF THE SDK OR THE SERVICE IS AT LICENSEE’S OWN RISK ON AN “AS IS” BASIS, AND LICENSEE ACCEPTS RESPONSIBILITY FOR THE SELECTION AND ASSESSMENT OF THE SDK OR THE SERVICE TO ACHIEVE ITS INTENDED RESULTS AND TO MEET PRIVACY AND SECURITY REQUIREMENTS TO WHICH IT IS SUBJECT. AIRMAP, ON BEHALF OF ITSELF AND ITS AFFILIATES AND ITS AND THEIR SUPPLIERS, SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS OF THE SDK OR THE SERVICE FOR HIGH RISK ACTIVITIES, INCLUDING THE OPERATION OF NUCLEAR FACILITIES, MANNED AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES OR WEAPONS SYSTEMS ENVIRONMENTS.

11. Warranty

Licensee represents, warrants and undertakes that it has complied, and shall comply, with its applicable obligations under Data Protection Laws, including, without limitation, obtaining valid and effective consent from EU Data Subjects or other lawful basis for the transfer of EU Personal Data to AirMap and the processing and storage of EU and California Personal Data by AirMap envisaged by the terms of this Agreement and complying with the AirMap Data Processing Addendum (“DPA”) and AirMap CCPA Service Provider Addendum (“SPA”), available here (DPA) and here (CCPA).

12. Support and Maintenance

Licensee is solely responsible for all aspects of each Application, including any maintenance, technical or other support for End Users or others in connection with such Application. Further, AirMap is not obligated to provide any maintenance, technical or other support for the Service or SDK, but may elect to do so solely in its discretion.

13. Limitation of Liability

13.1. IN NO EVENT WILL AIRMAP OR ITS AFFILIATES BE LIABLE TO LICENSEE, ITS AFFILIATES, END USERS OR ANY THIRD PARTY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY LOSS OF PRODUCTION, LOSS OF OR CORRUPTION OF DATA, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF BUSINESS OR OF REVENUES, LOSS OF OPERATION TIME, WASTED MANAGEMENT TIME, LOSS OF GOODWILL OR REPUTATION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE WHATSOEVER AND WHETHER OR NOT AIRMAP OR ITS AFFILIATES HAVE BEEN ADVISED OF SUCH POSSIBILITY. WITHOUT LIMITING THE FOREGOING, THE TOTAL COLLECTIVE LIABILITY OF AIRMAP AND ITS AFFILIATES TO LICENSEE, ITS AFFILIATES, END USERS OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEED ONE THOUSAND DOLLARS ($1,000.00).

13.2. NO CLAIM OR ACTION RELATED TO THIS AGREEMENT OR TO AIRMAP OR LICENSEE, OR ITS OR THEIR AFFILIATES OR END USERS, MAY BE BROUGHT LATER THAN ONE (1) YEAR FROM THE DATE WHEN THE CLAIM FIRST COULD HAVE BEEN FILED UNDER LAW. IF ANY SUCH CLAIM IS NOT FILED WITHIN SUCH TIME PERIOD, SUCH CLAIM IS PERMANENTLY BARRED. THIS RESTRICTION APPLIES TO LICENSEE, LICENSEE’S SUCCESSORS AND END USERS, AND TO AIRMAP AND AIRMAP’S SUCCESSORS AND ASSIGNS.

13.3. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY EXCEPT TO THE EXTENT EXPRESSLY PRECLUDED BY LAW.

14. Indemnification

14.1. Generally. Licensee will defend, at its expense, and indemnify and hold harmless AirMap, AirMap’s Affiliates, and its and their respective directors, officers, employees, partners, agents, invitees and contractors (collectively, “AirMap Indemnified Parties”) from any losses, liabilities, damages, awards, settlements, judgments, fees, costs and expenses (including reasonable attorneys’ fees and costs of suit) (collectively, “Losses”) arising out of or relating to any third-party assertion, claim, allegation, action, demand, proceeding or suit (“Claim”) brought against any AirMap Indemnified Party that arises out of or relates, in whole or in part, to (a) Licensee’s negligence or willful misconduct; (b) any breach (or claim or allegation that, if true, would be a breach) of this Agreement or of the AirMap Data Processing Addendum (“DPA”) and AirMap CCPA Service Provider Addendum (“SPA”), available here (DPA) and here (CCPA) by Licensee; (c) any allegation that Licensee or an Application misappropriates or infringes any third-party’s Intellectual Property Right; (d) Licensee’s access to or use of the Service or SDK, or AirMap’s use of an End User’s Personal Data as contemplated by this Agreement; (e) any Application, its development, marketing, distribution or use, or any transactions conducted through it or Personal Data transmitted through it; (f) the operation of Licensee’s business in connection with the Service or SDK; (g) Licensee’s failure or alleged failure to comply with any and all privacy Laws, including in connection with Personal Data collected from End Users and shared with AirMap under this Agreement; or (i) any suspension or termination of Licensee’s or any Application’s use of the Service or SDK (including any such suspension or termination caused by AirMap). Licensee will not settle any indemnified Claim without AirMap’s express prior written consent, and AirMap may, at any time, elect to assume control of the defense and settlement of any indemnified Claim upon written notice to Licensee.

Further, Licensee agrees to indemnify, keep indemnified and defend at its own expense, AirMap against all costs, claims, damages or expenses incurred by AirMap or for which AirMap may become liable (including, without limitation, any claim brought by a EU Data Subject against, or fine imposed by a regulator upon, AirMap) due to: (i) Licensee’s breach of any representation, warranty or undertaking contained in section 11 above; and (ii) any failure by Licensee, its employees, or its agents to comply with Data Protection Laws.

14.2. Infringement of Intellectual Property Rights. In the event that any aspect of an Application becomes (or in AirMap’s reasonable opinion is likely to become) the object of any pending or threatened Claim as set forth in Section 14.1 above, Licensee will cease using the SDK in connection with such Application as soon as reasonably feasible and Licensee will notify such Application’s End Users that such Application is unavailable.

15. General

15.1. No Agency. This Agreement does not create any agency or partnership relationship between the parties.

15.2. Entire Agreement. This Agreement represents the parties’ entire agreement on this topic, superseding any prior or contemporaneous agreements. Any amendments must be in writing. In the event of a conflict between this Agreement and any other terms under which AirMap makes the SDK or the Service available, this Agreement will control except to the extent a particular provision of such other terms expressly provide that it is intended to modify this Agreement and specifically indicates the section(s) to be modified, in which event, such modified terms and conditions in the applicable other terms will control.

15.3. Assignment. Licensee may not assign or transfer this Agreement, or any of its rights or obligations under this Agreement, without the prior written consent of AirMap. Any purported assignment, sale, transfer, delegation or other disposition by Licensee, except as permitted herein, will be null and void. AirMap may assign this Agreement without consent in connection with a merger, reorganization, consolidation, change of control, or sale of all or substantially all of its assets related to this Agreement. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns.

15.4. Severability; Interpretation. If any provision of this Agreement is found to be invalid or unenforceable, the validity of other provisions of this Agreement will not be affected and such provision will be enforced to the maximum extent possible. The words “include” and “including” will not be construed as terms of limitation, and will therefore mean “including but not limited to” and “including without limitation.”

15.5. Third-Party Beneficiaries. Licensee acknowledges and agrees that each AirMap Affiliate is a third-party beneficiary to this Agreement, and that each such AirMap Affiliate is entitled to enforce any provision of this Agreement that confers a benefit on it. For the avoidance of doubt, no other entity is a third-party beneficiary to this Agreement.

15.6. Dispute Resolution. Any controversy, claim or dispute arising out of or relating to this Agreement or the breach thereof, whether based on contract, tort, statute or other legal or equitable theory (the “Dispute”) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its applicable rules then in effect. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. §§ 1-16. The award of the arbitrator shall be final and binding, and judgment on the award may be entered, confirmed and enforced in any court having jurisdiction thereof. The place of the arbitration shall be Santa Monica, California; however, preliminary conferences and hearings may be held in such other place(s), or by telephone, as the arbitrator(s) or the parties select from time to time for the purpose of compelling or receiving testimony or documentary evidence or otherwise.

15.7. Governing Law; Jurisdiction. This Agreement (and any claim or dispute arising in connection with this Agreement or Licensee’s use of the SDK or Service) is governed by and will be construed in accordance with the laws of the State of California, United States of America, without regard to its principles of conflicts of law. Licensee agrees to exclusive jurisdiction of the federal and state courts located in Los Angeles County, California, United States of America, and waives any jurisdictional, venue or inconvenient forum objections to such courts.

15.8. Notices. Any notice or communication permitted or required under this Agreement will be in writing and will be delivered in person or by courier, sent by electronic mail, delivered by overnight delivery service, or mailed by certified or registered mail, postage prepaid, return receipt requested, and addressed to such other address as will be given in accordance with this Section 15.8. If notice is given in person, by courier, or by electronic mail, it will be effective upon receipt; if notice is given by overnight delivery service, it will be effective two (2) business days after deposit with the delivery service; and if notice is given by mail, it will be effective five (5) business days after deposit in the mail. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If Licensee has a question or complaint regarding the SDK, Licensee may contact AirMap via e- mail at support@airmap.com. E-mail communications should not include credit card information or other sensitive information. Licensee may also contact AirMap by phone at (844) 424-7627. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

15.9. Export Controls. Each party will comply with the export Laws of the United States and other applicable jurisdictions in providing and using the SDK or the Service. Without limiting the generality of the foregoing, Licensee will not make the SDK or the Service available to any third party that: (a) is located in a country that is subject to a U.S. government embargo; (b) is listed on any U.S. government list of prohibited or restricted parties; or (c) is engaged in activities directly or indirectly related to the proliferation of weapons of mass destruction.

16. Additional General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) Terms.

In addition to GDPR or CCPA-related terms elsewhere in this Agreement, you may have additional obligations under the GDPR or CCPA, depending on how you use the AirMap SDK or Service. By continuing to use the AirMap Service, you agree that you may have additional obligations under the GDPR or CCPA and that you will notify AirMap of any requirements that your use of the SDK or Service may impose on AirMap, as well as the following terms.

16.1. The terms contained in this Agreement incorporate the AirMap Data Processing Addendum (“DPA”), available here, only when the GDPR applies to your use of the AirMap SDK or Service to process Customer Data where you act as a controller of such data, or to process AirMap Data where you act as a processor of such data (as such terms are defined in the DPA). The terms contained in this Agreement incorporate the AirMap CCPA Service Provider Addendum (“SPA”) available here, only when the CCPA applies to your use of the AirMap SDK or Service to process on behalf of AirMap the Personal Information (as defined in the SPA) of California residents in connection with providing services to End Users.

16.2. The GDPR DPA is effective as of 25 May 2018 and replaces and supersedes any previously agreed data processing addendum between you and AirMap relating to the Directive 95/46/EC. The CCPA SPA is effective as of January 1, 2020.

17. Definitions

17.1. “Affiliate” means any person or entity that, directly or indirectly, through one or more intermediaries is controlled by or under common control with a party. For the purposes of this definition, “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such person or entity, whether through the ownership of voting securities, by contract or otherwise.

17.2. “API” means an application programming interface (that may consist of code, instructions or other data and information) made available by AirMap to Licensee under this Agreement that is designed to permit an Application to interface with the Service in accordance with terms and conditions of this Agreement.

17.3. “Application” means any Licensee software application that incorporates or uses all or a portion of the SDK to access the Service in accordance with the terms and conditions of this Agreement (e.g., a mobile app or web page that makes calls to the API, contains Sample Code or was developed using a Tool).

17.4. “CCPA” means the California Consumer Privacy Act of 2018, as amended (Cal. Civ. Code §§ 1798.100 to 1798.199), and any related regulations or guidance provided by the California Attorney General.

17.5. “Confidential Information” means any non-public information of AirMap provided or made available to Licensee under circumstances reasonably indicating its confidentiality. For the avoidance of doubt, Confidential Information does not include any information to the extent it: (i) as or becomes generally available to the public through no disclosure constituting a breach under this Agreement; (b) is wholly and independently developed by Licensee without the use of Confidential Information; (c) becomes available to Licensee from a source not a party to this Agreement, provided that such source is not violating any Law or contractual obligation; (d) was known on a Lawful, non-confidential basis by Licensee prior to disclosure hereunder; (e) constitutes a Third Party Component included in the SDK; or (f) is required, based upon the reasonable advice of counsel, to be disclosed by Law.

17.6. “Content” means any airspace, geographic, municipal or locational information provided by AirMap.

17.7. “Data Protection Laws” means any data protection, privacy or similar laws or regulations anywhere in the world relating inter alia to the processing or other use of personal data, including the GDPR, the Privacy and Electronic Communications Directive, and the CCPA.

17.8. “Directive” means European Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as amended or superseded from time to time.

17.9. “Documentation” will mean any operating instructions, user manuals, help files and other technical information, documentation and materials, in written or electronic form.

17.10. “End User” means an end user of an Application.

17.11. “EU Data Subject” shall have (until 24 May 2018) the meaning ascribed to “Data Subject” under the Directive and (from 25 May 2018) the meaning given to “Data Subject” under the GDPR.

17.12. “EU Personal Data” shall have (until 24 May 2018) the meaning ascribed to “Personal Data” under the Directive and (from 25 May 2018) the meaning given to “Personal Data” under the GDPR.

17.13. “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data an and the free movement of such data, and to the extent the GDPR is no longer applicable in the United Kingdom, any implementing legislation or legislation having equivalent effect in the United Kingdom.

17.14. “Intellectual Property Rights” means any and all patents, patent applications, trademarks, trademark applications, service marks, service mark applications, trade names, copyrights, trade secrets, domain names, information and proprietary rights and processes, and similar or other intellectual property rights.

17.15. “Key” means a unique string that identifies Licensee or an Application as an authorized user of an API or Tool, assigned by AirMap to Licensee and activated in AirMap’s discretion that is intended to enable Licensee to use such API or Tool, as applicable.

17.16. “Law” means an applicable law, rule, regulation, subpoena or order of a court of competent jurisdiction, including all applicable foreign, federal, state and local criminal, civil, statutory and other laws and regulations; and any applicable guidance and codes of practice issued by the relevant data protection or supervisory authority.

17.17. “Personal Data” means: (a) any natural person’s name, street address, telephone number, e- mail address, photograph, Social Security number or tax identification number, driver’s license number, passport number, payment card number, bank information, or customer or account number, biometric identifiers (including without limitation video or photographic images, fingerprints, and voice biometric data relating to individuals), health-related information or data, account password or answers to account security questions, or any other piece of information that allows the location of, identification of, or contact with a natural person; (b) any other information if such information is defined as “personal data”, “personally identifiable information”, or “personal information” under any privacy Law; and (c) any information that is associated, directly or indirectly (by, for example, records linked via unique Keys), with any of the foregoing.

17.18. “Privacy and Electronic Communications Directive” means Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws.

17.19. “Sample Code” means sample software code (excluding any API or Key) that AirMap makes available to Licensee under this Agreement and that expressly illustrates how to develop an Application so that it may interface with the Service.

17.20. “SDK” means the AirMap software development kit as provided to Licensee by AirMap under this Agreement, including the Sample Code, API, Tools and Documentation.

17.21. “Service” means any AirMap online services that processes a UAV operator’s request for information relating to the airspace or environment in which an intended operation will occur or any other service that AirMap makes available through an API.

17.22. “Terms of Service” means AirMap’s terms of service for the Service which are currently available at https://www.airmap.com/terms-service/ as such terms may be updated by AirMap from time to time.

17.23. “Third Party Components” means any open-source or third party proprietary software that may be included in or used with the SDK or the Service.

17.24. “Tool” means any code, image, software, utility or tool (excluding Sample Code) that AirMap provides to Licensee under this Agreement for Licensee’s use in connection with the development of an Application.

17.25. “UAV” means an unmanned aerial vehicle, also known as a remotely piloted aircraft system (RPAS), unmanned aircraft system (UAS) or drone.

Annex A: Pricing

The annual subscription fee for the Services is as follows (the “Subscription Fee”). All subscriptions are for a twelve (12) month period (the “Subscription Period”). You may cancel your subscription at any time by sending an email to support@airmap.com. If you cancel your subscription during the Subscription Period, your subscription will terminate at the end of the Subscription Period.

You must pay the entire Subscription in advance to use the Services. If you are a new subscriber and decide to terminate your subscription in the first fourteen (14) calendar days of the Subscription Period, you will not be charged.

Your Subscription Period will automatically renew on an annual basis. We will provide you with notice by email at least thirty (30) days prior to renewal. You may terminate your Subscription at any time prior to renewal of the Subscription Period.

If you exceed certain usage requirements during any one (1) month period, AirMap shall charge you $500 for every 5,000 API calls per month.

Pricing is exclusive of any applicable taxes.

If AirMap terminates the Services for any reason, we shall refund your Subscription Fee on a pro-rated basis.

This Processing Notice for LAANC (Low Altitude Authorization Notification Capability) Data (“Notice”) supplements the information contained in AirMap’s Privacy and Cookie Policy (“Privacy Policy”), Privacy Notice for California Residents (“CCPA Notice”) and Terms of Service (“Agreement”) and applies solely to all users (“you” or “Operator”) who utilize AirMap’s Apps (as defined in the Agreement) and Services (as defined in the Privacy Policy) for LAANC authorizations (collectively the “Services”). We adopt this notice to comply with the Federal Aviation Administration’s (“FAA”) requirements to provide LAANC services to you, whereby AirMap, a USS (UAS Service Supplier), is required to collect certain information from you (“LAANC Data”) and share it with the FAA in order to process your request for a LAANC authorization and for the FAA to ensure the safety of the National Airspace System.

This Notice is on behalf of AirMap, Inc. (“AirMap”), so when we mention “AirMap”, “we”, “us” or “our” in this Notice, we are referring to AirMap.

1. Information We Collect

Our Apps and other Services collect the following LAANC Data (as defined in the chart below) from you, some of which may be considered personal information:

2. Retention

AirMap will retain LAANC Data in accordance with section 14 of its Privacy Policy.

3. Sharing of LAANC Data

Subject to your consent via our in App opt-in mechanism, AirMap may disclose your LAANC Data with You and the FAA to provide you with Services, which includes processing your request for a LAANC authorization, or as required by applicable laws or regulation. For more information, please see the above chart in section 1 of this Notice.

Should you no longer wish to share your LAANC Data with the FAA, you may contact us at compliance@airmap.com to revoke your consent.

4. Use of LAANC Data

We may use, or disclose the LAANC Data we collect from you for one or more of the following purposes:

• To provide you with Services, including LAANC authorizations
• We may share your LAANC Data with you and the FAA as specified in Section 3 above to process your LAANC authorization request

5. Intellectual property rights in LAANC Data

AirMap will treat LAANC Data created by an Operator or derived from a UAS operator-created LAANC Data as a submission pursuant to section 11 of our Terms of Service.

6. Security

We have put in place appropriate organizational, technical and administrative measures to protect LAANC Data in accordance with section 13 of our Privacy Policy.

7. Access and Deletion Requests

You may request to access or delete your LAANC Data. For More information on how to do so, please visit section 17 “Your Rights” of the Privacy Policy or, if applicable, “Your Rights and Choices” section of the CCPA Notice.

8. Changes

We will post any modifications or changes to the Notice on our website. We reserve the right to modify the Notice at any time, so we encourage you to review it frequently. The “Last Updated” legend above indicates when this Notice was last changed. If we make any material change(s) to the Notice, we will post a notice on our website prior to such changes taking effect.

Guidelines

We take the security of our systems seriously, and we value the security community. The responsible disclosure of security vulnerabilities helps us ensure the security and privacy of our users.

We require that all researchers:

• Make every effort to avoid privacy violations, degradation of user experience, disruption to production systems, and destruction of data during security testing;
• Perform research only within the scope set out below;
• Use the identified communication channels to report vulnerability information to us; and
• Keep information about any vulnerabilities you’ve discovered confidential between yourself and AirMap until we’ve had 90 days to resolve the issue.
• If you follow these guidelines when reporting an issue to us, we commit to:
• Not pursue or support any legal action related to your research;
• Work with you to understand and resolve the issue quickly (including an initial confirmation of your report within 72 hours of submission).

Scope

• www.airmap.com
• api.airmap.com
• app.airmap.com

Out of Scope

Any services hosted by 3rd party providers and services are excluded from scope. These services include, but are not limited to:

• Mapbox
• Google Services (analytics, search)
• Firebase

In the interest of the safety of our users, staff, the Internet at large and you as a security researcher, the following test types are excluded from scope:

• Findings from physical testing such as office access (e.g. open doors, tailgating)
• Findings derived primarily from social engineering (e.g. phishing, vishing)
• Findings from applications or systems not listed in the ‘Scope’ section
• UI and UX bugs and spelling mistakes
• Network level Denial of Service (DoS/DDoS) vulnerabilities

Things we do not want to receive:

• Personally identifiable information (PII)
• Credit card holder data

How to Report a Security Vulnerability?

If you believe you’ve found a security vulnerability in one of our products or platforms please send it to us by emailing security@airmap.com. Please include the following details with your report:

• Description of the location and potential impact of the vulnerability;
• A detailed description of the steps required to reproduce the vulnerability (POC scripts, screenshots, and compressed screen captures are all helpful to us)

If you’d like to encrypt the information, please use our PGP key

Effective Date: January 1, 2020

This Privacy Notice for California Residents supplements the information contained in AirMap’s Privacy and Cookie Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

Our Website, software applications made available by us on or through computers and mobile apps (“Apps”), and other Services (as defined in our Privacy and Cookie Policy) collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, AirMap’s Website, Apps and Services has collected the following categories of personal information from its consumers within the last twelve (12) months:

¹AirMap has not collected Category H data in the last 12 months

Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

AirMap obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete on our Website, such as when you use our Contact Us functionality or apply through our Careers page for a position at our company, from logging in to our UTM Dashboard, our Web App, or our Mobile Apps, by engaging with us via our Customer Support Intercom chat functionality, registering as a developer on our Developer Portal, by creating a profile to be able to plan a flight on our Website, or generally when you register on our Website to use our services.
• Indirectly from you. For example, from observing your actions on our Website and Apps (including our Dashboard) using online identifiers.
• From regulators such as the Federal Aviation Authority, third party developers and partners using our proprietary SDKs and APIs to create applications and connect to our systems, from drone manufacturers, data storage providers such as AWS or Microsoft Azure, or from third party applications we use to connect with you, or to review applications for our available positions at the company.

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our services, we will use that personal information to respond to your inquiry. If you provide your personal information to register for a developer account or to use our services, we will use that information to allow you to access our developer materials or to access our services.
• To provide support, personalize, and develop our Website, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Website or App experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of AirMap’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by AirMap about our Website users is among the assets transferred.

AirMap will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

AirMap may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

• Service providers
• Third party developers and partners who create applications, products, or services around our services and offer services to you
• Airspace managers and airports who have an AirMap UTM Dashboard or Enterprise Operations Management account
• Aviation Authorities, such as the Federal Aviation Authority
• UAS Service Suppliers/Providers
• Our affiliates
• Drone manufacturers in connection with the operation of your drone

Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category F: Internet or other similar network activity.

Category G: Geolocation data.

Category I: Professional or employment-related information.

We disclose your personal information for a business purpose to the following categories of third parties:

• Service providers
• Third party developers and partners who create applications, products, or services around our services and offer services to you
• Airspace managers and airports who have an AirMap UTM Dashboard or Enterprise Operations Management account.
• Aviation Authorities, such as the Federal Aviation Authority
• UAS Service Suppliers/Providers
• Our affiliates
• Drone manufacturers in connection with the operation of your drone

Sales of Personal Information
In the preceding twelve (12) months, Company had not sold personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights
You have the right to request that AirMap disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights
You have the right to request that AirMap delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Visiting our Contact page on our website at https://www.airmap.com/contact
• Sending us an email at compliance@airmap.com
• Writing us to the following address:

Attn: Compliance Team
AirMap, Inc.
409 Santa Monica Blvd., Suite 2A
Santa Monica, CA 90401 USA

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website, Apps and Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to compliance@airmap.com or write us at:

Attn: Compliance Team
AirMap, Inc.
409 Santa Monica Blvd., Suite 2A
Santa Monica, CA 90401 USA

Changes to Our Privacy Notice

AirMap reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website, Apps and Services following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which AirMap collects and uses your information described below and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Contact page of our Website: https://www.airmap.com/contact
Email: compliance@airmap.com
Postal Address:
AirMap, Inc.
Attn: Compliance Team
409 Santa Monica Blvd., Suite 2A
Santa Monica, CA 90401 USA