Terms of Service
Last Updated: June 20, 2019
By signing up for an AgEagle Image Processing account, you’re agreeing to these Terms. This is a legal agreement. The AgEagle Data Processing Service (the “Service”) is an image and data processing service offered through the URL (we’ll refer to it as the “Website”) that allows you to submit images and other data (“Your Data”) collected by an unmanned aerial vehicle (UAV or drone) or other collection tool. The Service will process Your Data and return processed images and or reports to you (“Results”). The Service is owned and operated by AgEagle Aerial Systems Inc., a Nevada corporation (“AgEagle” “we,” or “us”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “Member” according to this agreement (or “you”).
In order to use the Service, you must:
be at least eighteen (18) years old and able to enter into contracts;
complete the registration process; and
agree to the Terms.
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. AgEagle may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for the Service and continues as long as you use it. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
Closing Your Account
You or AgEagle may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. Once terminated, we may permanently delete your account and all the data associated with it, including your data from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.
Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
Ownership of Your Data and Results
You own the data that you submit to us (Your Data) and the Results we provide to you. We will never share Your Data or Results with any party outside of AgEagle in a way that readily reveals your identity or the location of Your Data or Results unless we are legally required to do so. AgEagle may create products that involve aggregating your Results with the Results of our other users. We may also use Your Data and Results to create algorithms that provide better insight into crop development. You grant AgEagle a perpetual, fully-paid, nonexclusive license to use the Results and Your Data for these purposes.
Our charges are available for viewing at any time per your request and may be changed from time to time. We will only charge you once you have accepted the Results.
If you have a problem with the quality of any Results you have accepted, please contact us and we will provide a refund if we can't fix the problem to your satisfaction.
Compliance with Laws
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like GLB, EU Data Privacy Laws, or other laws. If you're subject to regulations and you use our Service, then we won't be liable if our Service doesn't meet those requirements.
Exclusion of Certain Damages
In no event will any member of the AgEagle Team, defined below, be liable for any indirect, special, consequential, punitive or exemplary damages, regardless of the legal theory involved, and regardless of their negligence or other fault, even if they have been advised of the possibility of such damages. The "AgEagle Team" means AgEagle and all its officers, directors, owners, employees, agents, contractors and representatives.
Limit of Liability
If a claim for liability or damages is made against a member of the AgEagle Team, such member will not be liable on that claim or any related claim for an amount greater than (a) the amount paid to the claimant for Services during the month before the claim is asserted, or (b) $2,000, whichever is greater.
The Website and Services are provided as-is, without warranty of any kind whatsoever, express or implied. All implied warranties are expressly disclaimed, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose.
Sole Remedy and Assumption of Risk
Your sole remedy against any member of the AgEagleTeam for the breach of any warranty or other obligation relating to Services is to have Agribotix re-perform the Services in question. You understand that use of the Services and reliance upon Results may entail a significant risk of loss or damage to property or economic loss. You have voluntarily assumed all of that risk.
The exclusions, limits and disclaimers stated above will not apply to the extent prohibited by applicable law.
You agree to indemnify, defend and hold harmless each member of the AgEagle Team from and against any and all liability, cost, expense, damage, or obligation, including attorneys' fees ("Damages"), arising out of or in connection with your use of the Website, Services or Results, or arising out of a third party's use of the Website, Services or Results using your login credentials, whether such Damages arise out of or in connection with a claim brought by a third party or otherwise.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Choice of Law
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Ownership of Your Data and Results, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at 117 S. 4th Street, Neodesha, Kansas 66757 or any addresses as we may later post on the Website.
These Terms make up the entire agreement and supersede all prior agreements, representations, and understandings. You represent that no representations, warranties or promises were made to you regarding Services or Results other than those expressly stated in these Terms of Service.
Personal Identification Information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-Personal Identification Information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web Browser Cookies
How We Use Collected Information
AgEagle may collect and use Users personal information for the following purposes:
To improve customer service: Information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To improve our Site: We may use feedback you provide to improve our products and services.
To process payments: We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To send periodic emails: We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How We protect Your Information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data that may currently or in the future be stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your Personal Information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
AgEagle Aerial Systems Inc.
117 S. 4th Street
Neodesha, Kansas 66757
Main Phone: 620-325-6363