These Terms of Service (the “Terms”) form a binding agreement between you (“you”, “Customer”) and Aerosyne Technologies Inc. (“Aerosyne”, “we”, “us”) governing your access to and use of the Aerosyne platform and related websites, applications, and APIs (the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms.
1. Acceptance
If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization.
2. Definitions
- Customer Data means data, content, and materials you submit to or generate within the Service, including pilot records, fleet records, jobs, flight logs, imagery, telemetry, and processing outputs.
- Documentationmeans the Service’s online help and reference materials.
- Subscription means a paid or trial entitlement to use the Service.
3. Account Registration and Eligibility
You must be at least the age of majority in your jurisdiction (18 in Alberta) to use the Service. You are responsible for keeping account credentials confidential and for all activity under your account.
4. Subscription Plans and Billing
Subscription tiers, features, and pricing are described on our pricing page. Subscriptions renew automatically at the end of each billing period unless cancelled. All payments are processed by Stripe; payment instruments are subject to Stripe’s terms. Fees are non-refundable except as required by law or as expressly stated.
5. Free Trial and Beta Access
From time to time we offer free trials, beta access, or early-access cohorts. Beta and early-access features are provided “as is” without warranties of any kind, may change or be removed at any time, and may be subject to additional terms presented at enrollment.
6. Acceptable Use
You agree not to:
- Use the Service in connection with unmanned aircraft system (UAS) operations that violate applicable aviation regulations, including those of Transport Canada, the U.S. Federal Aviation Administration, the European Union Aviation Safety Agency, or any other regulator with jurisdiction over your operations.
- Use the Service to violate any law or third-party right.
- Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent that applicable law expressly prohibits such restrictions.
- Probe, scan, or test the vulnerability of the Service without prior written consent.
- Abuse compute, storage, GPU processing, or bandwidth resources beyond reasonable limits associated with your Subscription tier.
- Upload malicious code or content that infringes intellectual property rights.
7. Customer Data Ownership and Responsibility
As between you and Aerosyne, Customer Data remains owned by you and your licensors. Aerosyne does not acquire any right, title, or interest in Customer Data other than the limited right to store, encrypt, transmit, and otherwise process it on your behalf as necessary to provide the Service, maintain the security and integrity of the Service, and comply with applicable law.
You are solely responsible for determining what Customer Data, deliverables, or other materials are shared with your customers or other third parties through or outside the Service. Any such distribution is made at your own risk and subject to your own contractual, regulatory, and operational obligations.
8. Service Availability and Maintenance
We use commercially reasonable efforts to make the Service available. Standard subscription tiers do not include a service-level agreement (SLA) unless expressly stated in a separate written agreement. We may perform scheduled maintenance with reasonable notice and emergency maintenance without notice when required for security or stability.
9. Intellectual Property
The Service, including all software, designs, trademarks, and Documentation, is owned by Aerosyne and its licensors and is protected by intellectual property laws. No rights are granted other than the limited right to use the Service in accordance with these Terms.
10. Confidentiality
Each party agrees to protect the other’s confidential information using the same degree of care it uses to protect its own confidential information of like importance, but in no event less than a reasonable degree of care.
11. Third-Party Services
The Service integrates with third-party services including Stripe (billing), Bunny.net (storage and CDN), OpenAI (optional AI features), NAV CANADA and the U.S. FAA (airspace and NOTAM data), Cloudflare (DNS and edge security), and PostHog (product analytics). Your use of those services may be subject to their respective terms. Aerosyne is not responsible for third-party services.
12. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Airspace data, NOTAMs, weather data, charts, and AI-generated outputs are provided for informational and planning purposes only and may be incomplete, delayed, or inaccurate. The pilot in command (PIC) remains solely responsible for the safe and lawful conduct of every flight. Aerosyne is not a substitute for official aeronautical information services or operator judgment.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AEROSYNE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO AEROSYNE FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
14. Indemnification
You will defend, indemnify, and hold harmless Aerosyne and its affiliates from and against any third-party claims, damages, and reasonable legal fees arising out of (a) your use of the Service in violation of these Terms or applicable law, (b) Customer Data, or (c) your UAS operations.
15. Termination and Suspension
You may terminate your account at any time. We may suspend or terminate your access for material breach of these Terms, non-payment, or suspected unlawful activity. Upon termination, your right to use the Service ceases. We will retain or delete Customer Data in accordance with our Privacy Policy and applicable law.
16. Export Controls
You agree to comply with all applicable export control and economic sanctions laws, including those of Canada, the United States, and the European Union, in your use of the Service.
17. Modifications
We may update these Terms from time to time. Material changes will be announced through the Service or by email to account administrators and will become effective on the date stated. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
18. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The parties irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Alberta, sitting in the City of Calgary or Edmonton, for any dispute arising out of or related to these Terms or the Service.
19. Dispute Resolution
The parties will attempt in good faith to resolve any dispute through informal negotiation before commencing legal proceedings. If the dispute is not resolved within thirty (30) days, either party may bring an action in the courts identified in Section 18.
20. Severability
If any provision of these Terms is held to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
21. Entire Agreement
These Terms, together with the Privacy Policy and any order form or written agreement referencing these Terms, constitute the entire agreement between the parties with respect to the Service and supersede all prior or contemporaneous agreements.
22. Contact
Aerosyne Technologies Inc.
Attn: Legal
Province of Alberta, Canada
Email: [email protected]