Last updated: June 12, 2023
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 SkyGrid, LLC (“SkyGrid” or “we” or “us”) concerning your use of (including any access to) (a) SkyGrid’s sites currently located at the list of URLs found in Section 24 (together with any materials and services available therein, and any successor site(s) thereto, the “Web Apps”), and (b) SkyGrid’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 SkyGrid through the Apps or otherwise made available to you by SkyGrid.
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.
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.
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, but not limited to, minimum age requirements, airspace access requirements,) regarding the use, operation, or piloting of UAVs.
Any and all data 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 and execute flight paths for 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 monitoring the operation of the Third-Party Hardware at all times, and for ensuring the safe operation of the Third-Party Hardware during any flight. 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
5. Jurisdictional Issues
The Apps are controlled or operated (or both) from the United States, and are not intended to subject SkyGrid 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:
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Apps.
7. 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 SkyGrid, 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.
8. Your Limited Right to Use the Apps
Subject to your compliance with this Agreement, and solely for so long as you are permitted by SkyGrid 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 SkyGrid 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.
9. SkyGrid’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 SKYGRID, SKYGRID FLIGHT CONTROL, AERIALOS, AERIAL OPERATING SYSTEM 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 SkyGrid 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 SkyGrid upon request at support@SkyGrid.com. A nominal fee may be charged by SkyGrid for processing such request.
For purposes of clarity, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Apps or otherwise, you retain ownership of your Feedback. For all Feedback, 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 Feedback, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). 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 SkyGrid under any fiduciary or other obligation. 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.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Feedback, 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 all Feedback that you may have under any applicable law under any legal theory.
11. 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 Feedback (“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 SkyGrid 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).
13. 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. SKYGRID 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 SKYGRID 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.
SKYGRID MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, AS TO THE ACCURACY OF INFORMATION THAT IS PROVIDED BY SKYGRID 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@SkyGrid.com with a description of such alteration and its location on the Apps.
14. Limitation of Liability
SKYGRID 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 FEEDBACK (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY FEEDBACK), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, SKYGRID 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 SKYGRID 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 SKYGRID 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 SKYGRID 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 SkyGrid 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 Feedback); and (b) any violation or alleged violation of this Agreement by you.
This Agreement is effective until terminated. SkyGrid may terminate or suspend your use of the Apps at any time and without prior notice, for any or no reason, including if SkyGrid 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 SkyGrid 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 2–23 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 Texas, 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 SKYGRID, 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 SKYGRID 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.
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 SkyGrid does not endorse any of the products or services listed on such sites.
19. Information or Complaints
If you have a question or complaint regarding the Apps, please send an e-mail to email@example.com. 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.
20. 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 SkyGrid a written notice by mail, e-mail or fax, requesting that SkyGrid 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 SkyGrid 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 SkyGrid as follows: By mail to SkyGrid, LLC, 12708 Riata vista circle, Suite B-110, Austin, TX 78727 or by e-mail to firstname.lastname@example.org.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
21. 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.
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 SkyGrid. 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 SkyGrid relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and SkyGrid relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Apps 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. SkyGrid will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
23. 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 SkyGrid 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, SkyGrid’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.
25. 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:
FAA Open Data– Airspace Class, Airspace Boundaries, Airports, Stadiums, Restricted Airspace, TFRs, SUAs
Have questions or concerns about our Site, Services or Privacy Statement? Contact us at email@example.com.