© 2018-2019 AgEagle Aerial Systems Inc. | All Rights Reserved

CORPORATE HEADQUARTERS

AgEagle Aerial Systems Inc.

117 S. 4th Street

Neodesha, Kansas 66757

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Terms of Service and Privacy Policy

 

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 www.AgEagle.com (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”).

These Terms of Use (“Terms,”) define the terms and conditions under which you’re allowed to use the Service and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.

Eligibility

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.

Term

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.

Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the Service, or any features of the Service at any time.

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.

Payment

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.

Refunds

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.

Warranty Disclaimer

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.

Indemnity

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.

Assignments

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

The State of Kansas’ laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Wilson County, Kansas, and each party will be subject to the jurisdiction of those courts.  All disputes relating to these Terms of Service, Services, Results or the Website must be resolved only by binding arbitration in Neodesha, Kansas, according to the rules of the American Arbitration Association. You agree to keep confidential all information submitted in any form in connection with the arbitration proceeding, as well as the award or result of the proceeding.

Force Majeure

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.

Survivability

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.

Severability

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.

Interpretation

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.

Notices

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.

Entire Agreement

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.

 

 

Privacy Policy

This Privacy Policy governs the manner in which AgEagle collects, uses, maintains and discloses information collected from users (each, a "User") of AgEagle PC-based data capture and analytics solutions and related mobile apps, including but not limited to FarmLens, ParkView and HempOverView; and/or its website ("Site") at www.AgEagle.com. This privacy policy applies to the Site and all products and services offered by AgEagle.

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

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

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.

Changes to this Privacy Policy

AgEagle has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

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.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

AgEagle Aerial Systems Inc.

117 S. 4th Street

Neodesha, Kansas 66757

Main Phone:  620-325-6363

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