UTM Center Terms of Service
UTM Center Terms of Service
Last Updated: June 8, 2020
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.
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
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.
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
The Services 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 Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
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.
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.
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 firstname.lastname@example.org. 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 email@example.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.
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.
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 firstname.lastname@example.org. 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.
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.