USER AGREEMENT
Welcome to the Geolabs Platform, a web-based drone image processing and analysis service (the "Service") owned and operated by Aerovista, SRL (the "Company" or "we") or its licensors. If you have entered into a separate written agreement with the Company regarding the use of the Services, that written agreement governs your use of the Services, and these Terms of Service do not apply to your use of the Services. If you have not entered into a separate written agreement for the use of the Services, these Terms of Service (the "Agreement") apply to all users of the Service (collectively or individually, "User" or "Users"). Hereinafter, the Company and the User may also be referred to collectively as the "Parties" and individually as a "Party." Before using the Service, please read this Agreement carefully. By using the Services, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users accessing our services through your account to these terms and conditions, in which case the terms “you” or “your” will refer to such entity, its affiliates, and users associated with it. If you do not have such authority or if you do not agree with these terms and conditions, you must not accept this Agreement and you may not use the Service.
USE OF THE SERVICE
Subject to all the terms and conditions of this Agreement, you will have the right to access and use the Service. The features, functionality, and limitations of the Service are subject to occasional changes. You are solely responsible (at your own cost) for ensuring that you have all the necessary hardware, software, and Internet access service to use the Service.
PRIVACY POLICY
The Company's Privacy Policy is incorporated into this Agreement. Please read this notice carefully for details related to the collection, use, and disclosure of your personal information.
INDIVIDUAL FEATURES AND SERVICES
By using the Service, you will be subject to any additional guidelines or rules published applicable to the Service, the offers, and the features that may be published from time to time (the "Guidelines"). All of these Guidelines are incorporated by reference into this Agreement.
MODIFICATION
The Company may make modifications, deletions, and/or additions to this Agreement (“Changes”) at any time. Changes will take effect: (i) thirty (30) days after the Company notifies you of the changes, whether such notice is given through the website interface, sent to the email address associated with your account, or otherwise; or (ii) when you choose to participate or expressly accept the Changes or a version of this Agreement that incorporates the Changes, whichever occurs first.
OWNERSHIP AND PROPERTY RIGHTS
The Service is owned and operated by the Company or its licensors and subcontractors. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Service (“Company Materials”) may be protected by copyright, trademark, patent, and trade secret laws, international treaties, and all other relevant intellectual property and proprietary rights and applicable laws. For clarity, Company Materials do not include the Assets (as defined below) or any other content that is owned by Users and submitted to the Service (i.e., the assets you upload, which are your property). All Company Materials contained in the Service are the intellectual property of the Company or its subsidiaries or affiliates and/or third-party licensors/subcontractors. All trademarks, service marks, and trade names are owned by the Company or its affiliates and/or third-party licensors/subcontractors. Except as expressly authorized by the Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works of, or make unauthorized use of the Company Materials. You are not required to provide ideas, comments, or suggestions regarding the Service or any of the Company’s products or services (collectively, “Feedback”) to the Company regarding the Service or the Company’s business. To the extent you provide any Feedback to the Company, you agree to assign and hereby assign all rights, titles, and interests in and to such Feedback to the Company and acknowledge that the Company may use, reproduce, modify, distribute, freely use, have made, sell, offer for sale, import, and otherwise exploit such Feedback without payment of royalties or other consideration to you.
ASSETS
Among the Parties, you retain ownership of all images, software codes, textures, graphics, models, and other content that you create or upload to the Service for use in connection with your model development (“Assets”). However, you grant the Company a worldwide, non-exclusive, fully paid, royalty-free, irrevocable, and transferable license to use, reproduce, prepare derivative works of, display, distribute, and perform your Assets to provide the Service and in an aggregated manner use the Assets to analyze and learn from the data to further improve and develop the Service or new services, and to create new generic and aggregated assets based on the provided Assets. You hereby represent and warrant that you own the Assets or that you have all the licenses, rights, consents, and permissions necessary for the inclusion of the Assets in the Service and the use of the Assets in the manner contemplated by the Company and this Agreement. The Company may, at any time, remove from the Service any Asset that, in the Company’s sole discretion, violates this Agreement or creates an adverse effect for the Company. In addition, the Company has the right to remove Assets to comply with applicable law. Prior to removal, the Company will notify the User, if reasonable, that the Asset will be removed and the reason for such removal. Your storage and access to the Assets in the Service will be subject to the storage and bandwidth limitations that the Company may institute or enforce from time to time.
SUPPORT AND MONITORING OF USERS AND CONTENT
The Company has no obligation to provide assistance to the User regarding the Service. The Parties may separately agree to any agreement to provide support. The Company does not control the Assets or other content posted by Users and has no obligation to monitor such content for any purpose unless required by applicable law. You acknowledge that you are solely responsible for all Assets and any other content and materials you submit to the Service. If at any time the Company chooses, in its sole discretion, to monitor the content, the Company still assumes no responsibility for the content, has no obligation to modify or remove any inappropriate content, and is not responsible for the User's conduct in submitting such content.
PROHIBITED USES
You may not use the Service to upload, create, or publish images or other content that includes material depicting sexual activity, nudity, or excessively graphic violence, content advocating physical harm against any individual or group, content that violates any applicable law, rule, or regulation, or any other content that reflects negatively on the Company. The Company reserves the right to remove or refuse to distribute any Asset at its sole discretion. As a condition for using the Service, you will not use it for any unlawful purpose or prohibited by this Agreement. Access to the Company Materials and the Service from territories where its content is illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations, including, without limitation, rules regarding intellectual property rights, internet, technology, data, email, or privacy. You may not use the Service in any manner that, in our sole discretion, may harm, disable, overload, or impair it or interfere with any other User's use of the Service. You may not intentionally interfere with the operation of the Service or the enjoyment of any other User, by any means, including uploading or disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage, or interfere in any other way with features related to the security of the Service, features that prevent or restrict the use or copying of any content accessible through the Service, or features that impose limitations on the use of the Service. You may not attempt to gain unauthorized access to the Service, or any part thereof, other accounts, computer systems, or networks connected to the Service, or any part thereof, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service. You may not obtain or attempt to obtain any material or information through any means not intentionally made available through the Service. You agree not to modify the Service in any way or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service. The User may not decompile or reverse engineer the Service software or by any other means attempt to recreate the source code of the software or make copies for backup or disaster recovery purposes, except as permitted by, at each time, applicable law. The Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission or evade our robot exclusion headers or other measures we may use to prevent or restrict access to the Service. You may not spam other Users or the Company, including, but not limited to, unsolicited advertising, promotional materials, or other solicitation materials, mass sending of commercial advertisements, chain letters, informational announcements, charity requests, and signature petitions.
ACCOUNT INFORMATION
You agree that the information you provide to the Company when registering and at any other time will be true, accurate, current, and complete. You also agree to ensure that this information is kept accurate and up to date at all times.
PASSWORD
Upon registration, you will be provided with a password. As you will be responsible for all activities that occur under your password, you must keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the case of loss, theft, or unauthorized disclosure or use of your account ID or password), you will promptly notify the Company. You may be liable for losses suffered by the Company or others due to any unauthorized use of your account.
USER COMMUNICATION
Under this Agreement, you agree to receive communications from the Company electronically. We will communicate with you via email or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SERVICE AVAILABILITY
The Company may make changes or discontinue any of the features and functionalities available within the Service at any time and without prior notice.
TERMINATION
You agree that the Company, in its sole discretion and for any reason or no reason, may terminate your account with the Service or your use of the Service, and remove and discard all or part of your account or any Asset, at any time. The Company may also, in its sole discretion and at any time, suspend access to the Service, or any part thereof, with or without prior notice. You agree that any termination of your access to the Service or any account you may have or any part thereof may be made without prior notice, and you agree that the Company will not be liable to you or any third party for such termination and loss of data. Any suspicion of fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to the appropriate law enforcement authorities. These remedies are in addition to any other remedies that the Company may have at law or in equity.
DISCLAIMER; NO WARRANTIES
The Service and any software, services, or Models available in conjunction with the Service or through it are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, the Company and its providers, licensors, and partners disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of rights. The Company, and its providers, licensors, and partners do not warrant that the functions contained in the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available is free of viruses or other harmful components. Additionally, the Company and its providers, licensors, and partners do not guarantee that there will be no loss of data at any time and make no warranties regarding delivery time. The Company, and its providers, licensors, and partners do not guarantee or make any representations regarding the use or the results of the use of the Service in terms of its correctness, accuracy, reliability, or otherwise. You understand and agree that you download or obtain media, material, or other data through the use of the Service at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from such material or data.
INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify and hold harmless the Company and its affiliates, and each of their directors, officers, employees, contractors, licensors, suppliers, and partners, from any claim, loss, damages, liabilities, costs, and expenses, including attorney's fees, arising from or related to your use or misuse of the Service, breach of this Agreement or violation of the rights of any other person or entity, except solely to the extent that any of the foregoing arises from the intentional misconduct or gross negligence of the Company. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company's defense of such claims.
LIMITATION OF LIABILITY AND DAMAGES
Under no circumstances, including, but not limited to, negligence, shall the Company or its affiliates, contractors, employees, agents, or external suppliers be liable to you for any special, indirect, incidental, consequential, or exemplary damages (including loss of use, data, business, or profits) arising from, relating to, or resulting from your use or inability to use the Company Materials, the Service itself (including any loss or disclosure of Assets), or any other interactions with the Company, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. 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 such cases, the Company's liability shall be limited to the extent permitted by law. In no event shall the Company or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable to you for all damages, losses, and causes of action arising from these terms or related to your use of the Service (whether in contract, tort, warranty, or otherwise) exceed the greater of (i) what you have paid for the Service or Bs 1000. The Parties agree that the above exclusions and limitations on damages are reasonable under the circumstances and that without such exclusions and limitations, the Company would not have made the Service available for your use. These limitations will also apply with respect to damages caused by any product or service sold or provided by third parties other than the Company and received by you or advertised on the Service or received by you through links provided on the Service.
CLAIMS
You agree that any cause of action arising out of or related to this Agreement or the Service must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.
WAIVER
A provision of this Agreement may be waived only by a written instrument executed by the Party entitled to the benefit of such provision. The fact that a Party at any time fails to enforce any provision of this Agreement shall not in any way affect the right of that Party in the future to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
SEVERABILITY
If any provision of this Agreement is found to be illegal, void, or for any reason unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.
ASSIGNMENT
You may not transfer or assign this Agreement and the related Guidelines, nor the rights and licenses granted hereunder, but the Company may assign them without restriction.
ENTIRE AGREEMENT
This is the entire agreement between us regarding the subject matter herein and may not be modified except in writing, signed by both Parties, or by a change to this Agreement or Guidelines made by the Company as described above.