Effective Date: May 8, 2023
Important Information About Privacy
Certain Important Conditions for Use of Autopylot Services
- By registering for the Autopylot Services, you represent, warrant, covenant, acknowledge, and agree as follows:
- You are of legal age in the applicable jurisdiction and are otherwise capable of forming a legally binding contract.
- You will only use the Autopylot Services for the limited purposes of lawfully flying drones for personal use or for use in providing legal commercial services to third parties.
- All information you submit in connection with the Autopylot Services is current, accurate, and complete, and you will maintain and promptly update any profile information supplied to us to ensure accuracy at all times. You are responsible for keeping your password secure and must take any necessary actions to maintain the confidentiality of and to prevent the unauthorized use of each password. You are responsible for the use of your account, regardless of whether authorized.
- You are solely responsible for: (i) monitoring all drone conditions and adjusting your flight as needed to avoid any risks, restrictions, or dangers; (ii) selecting the appropriate use/licensing category for which you qualify where applicable; and (iii) inputting any license or registration information into the Autopylot Services accurately. Even if Autopylot Services indicate that an area appears available for drone flight or free of restrictions (such as by displaying a green check mark), we do not guarantee, recommend, or endorse the safety or legality of your use of drones in that area. You remain responsible for directly consulting with official sources (e.g., NOTAMs, SUAs, TFRs, etc.) to ensure your compliance with all applicable laws regarding drone use and operation.
- You must comply with all terms, conditions, manuals and instructions provided by the applicable drone manufacturer. Autopylot will not be responsible for any damage or interference that may arise from your use of Autopylot Services, including any damage to any drone connected to Autopylot Services or the property of others.
- If you use the Autopylot Services as a digital log for flight safety and compliance information (“Flight Safety Data”), you represent, warrant, and covenant that: (i) all Flight Safety Data you enter, modify and/or maintain are current, accurate, and complete; and (ii) you will maintain appropriate security measures to protect your Flight Safety Data from unauthorized access. Autopylot will not be liable for any damages or liabilities arising out of or relating to the deletion of, correction of, destruction of, damage to, loss of or failure to store any Flight Safety Data. You acknowledge that use of the Autopylot Services for official recordkeeping of your Flight Safety Data is solely at your own risk. Autopylot may be required to manage, process, and otherwise treat your Flight Safety Data in a different manner than other User Content in accordance with applicable law, rules, and regulations. Notwithstanding anything to the contrary in these Terms, you consent to any such different treatment of Flight Safety Data.
- If you use the Autopylot Services to receive airspace authorizations through the FAA’s Low Altitude Authorization and Notification Capability (LAANC) program, such use is solely at your own risk. Autopylot provides LAANC services subject to the terms of the FAA’s “Privacy Statement Regarding LAANC and USS Providers Collection of Information in Accordance with 14 CFR Part 107,” available here.
If this is a pre-release version of the Autopylot Services, you may only use this version for the analyzing and improving the usability of the Autopylot Services. You acknowledge that pre-release versions of the Autopylot Services may contain bugs, errors, inaccuracies, and/or other defects. You remain solely responsible for the safe and legal operation of any drone, regardless of whether the Autopylot Services report (correctly or incorrectly) that there is no flight restriction in effect. You are responsible for consulting with official sources and complying with all applicable laws regarding the use and operation of your drone, and use of any version of the Autopylot Services is solely at your own risk.
If you purchase Autopylot Services on a subscription basis, the subscription term shall begin on the date you sign up for the subscription and run for the term set forth in the subscription description. By purchasing a subscription, you represent and warrant that you are authorized to use the payment method you have provided to Autopylot, and you hereby authorize Autopylot to initiate recurring non-refundable payments via such payment method. Autopylot or our third-party payment processor will automatically charge you (i) monthly or (ii) each year on the anniversary of the commencement of your Subscription, using the payment information you have provided until you cancel your Subscription. No less than (i) fourteen (14) days before your monthly subscription term ends or (ii) thirty (30) days and no more than sixty (60) days before your yearly subscription term ends, or otherwise in accordance with applicable law, Autopylot will send you a reminder with the then-current subscription fee. Applicable subscription rates for renewal terms will be at Autopylot’s then-current rates. Autopylot reserves the right to suspend or terminate your access to the Autopylot Services without liability to you if your payment fails to process for any reason.
Intellectual Property Rights
- The Autopylot Services contain material, including but not limited to information, software, code, text, data, graphics and photos, trademarks, and logos (“Content”) that are owned by us or made available to us through arrangements we have made with third parties. All Content is protected by United States and foreign copyright or trademark laws. Except as expressly authorized by Autopylot, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Autopylot Services or the Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Autopylot Services.
- Use of the Autopylot Services does not grant any right or license to any copyright, trademark, trade secret or patent. Use of the Autopylot Services does not create any business relationship between you and Autopylot.
- In connection with your use of the Autopylot Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Autopylot from accessing the Autopylot Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Autopylot Services or the Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Autopylot.
User Content; Prohibited Activities
- You retain ownership of any intellectual property rights that you hold in any and all information, data, text, photographs, graphics, and other materials that you post, upload, or transmit to or through the Autopylot Services (collectively, “User Content”), provided, however, that you grant Autopylot (i) permission to access your account and profile in connection with providing the Autopylot Services and as otherwise contemplated in these Terms, and (ii) a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, store, reproduce, display, modify, and create derivative works of your User Content.
- You are solely responsible for all User Content that you upload via the Autopylot Services, including, without limitation, via our forms or email. The following are examples of the kind of User Content and/or uses of the Autopylot Services that are illegal and/or prohibited by Autopylot, and you agree to not use the Autopylot Services to:
- email or submit any User Content that: (1) infringes any intellectual property or other proprietary rights of any party; (2) you do not have a right to submit under any law or under contractual or fiduciary relationships; (3) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (4) poses or creates a privacy or security risk to any person; (5) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (6) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (7) in the sole judgment of Autopylot, is objectionable or which restricts or inhibits any other person from using or enjoying the Autopylot Services, or which may expose Autopylot or its users to any harm or liability of any type;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone;
- harvest or collect email addresses or other contact information of other users from the Autopylot Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or Autopylot Services for any business purpose;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Autopylot Services to which you are subscribed;
- disrupt, modify or interfere with the proper working of the Autopylot Services, or any code, software, hardware, or servers associated with the Autopylot Services;
- take any action that impedes or interferes with others’ access and use of the Autopylot Services; or
- delete or alter any information or materials on or associated with the Autopylot Services.
Links to Other Websites
Location and Governing Law
Limitation of Liability
- UNDER NO CIRCUMSTANCES SHALL AUTOPYLOT BE LIABLE FOR YOUR RELIANCE ON ANY INFORMATION PROVIDED VIA THE AUTOPYLOT SERVICES NOR SHALL AUTOPYLOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES THAT: (I) RESULT FROM THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE AUTOPYLOT SERVICES; OR (II) THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN OR DELAYS IN TRANSMISSION OF INFORMATION TO OR FROM YOU OR AUTOPYLOT, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE AUTOPYLOT SERVICES, OR VIRUSES – IN EACH CASE EVEN IF AUTOPYLOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AUTOPYLOT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
- APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AUTOPYLOT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER THE CAUSE OF ACTION IS IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE AUTOPYLOT SERVICES.
- THE SECTIONS TITLED “NO WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER APPLICABLE LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID OR FOR ANY REASON UNENFORCEABLE UNDER APPLICABLE LAW, THEN THESE PROVISIONS SHALL BE DEEMED SEVERABLE AND ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE INVALIDITY OF ANY SUCH PORTION OF THESE SECTIONS SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS OF THESE TERMS.
THE AUTOPYLOT SERVICES ARE PROVIDED “AS-IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AUTOPYLOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. AUTOPYLOT DOES NOT WARRANT THAT ACCESS AND USE OF THE AUTOPYLOT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE AUTOPYLOT SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUTOPYLOT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AUTOPYLOT SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AUTOPYLOT) ASSUME THE ENTIRE COST OF ALL DAMAGES ARISING IN CONNECTION WITH YOUR USE OF THE AUTOPYLOT SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Autopylot Services are intended for use in the United States only. You may not use, export, import, or transfer any part of our Autopylot Services except as authorized by U.S. law. In particular, but without limitation, no part of our Autopylot Services may be exported or re-exported: (i) into any country embargoed by the U.S.; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using our Autopylot Services, you represent and warrant that: (x) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use our Autopylot Services for any purpose prohibited by law.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND AUTOPYLOT AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND AUTOPYLOT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR, AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER, APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
- Pre-Arbitration Dispute Resolution. Autopylot is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Autopylot should be sent to: Autopylot, Inc., Attn: Legal Department, 217 Juniper Dr, South Burlington, VT 05403 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Autopylot and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Autopylot may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Autopylot or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Autopylot is entitled.
- Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Autopylot will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Autopylot will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Autopylot will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
- Confidentiality of Arbitration. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.