AirHub® Portal Terms & Conditions
Please read these Terms and Conditions carefully. These Terms and Conditions and any applicable order form, proposal or other separate legal agreement which references these Terms and Conditions that the parties may enter into (collectively, the “Agreement”) cover and govern your use of the Apps (as defined below).
This Agreement is between you and Airspace Link, Inc. (“Airspace Link” or “we” or “us”) concerning your use of (including any access to) (a) Airspace Link’s sites currently located at www.airspacelink.com (together with any materials and services available therein, unless indicated otherwise, and any successor site(s) thereto, the “Web Apps”), (b) AirHub® Launch, and (c) Airspace Link’s mobile software applications (together with any materials and services available therein, and any successor application(s) thereto, the “Mobile Apps”). The Web Apps, AirHub® Portal, and the Mobile Apps may be referred to individually as an “App” and collectively as the “Apps”.
1. Terms of Access
You must be at least 18 years of age or have reached the age of majority under the applicable law of the place where you reside or, if you are not, you must obtain parental or guardian consent to enter into this Agreement or to use the Apps. By using any App you affirm that you are at least 18 years of age or have reached the age of majority under the applicable law of the place where you reside or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.
If you are an individual accessing or using the Apps on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to this agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual accessing the Apps and to any such Organization.
We reserve the right, at our discretion, to change this Agreement in the future by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Apps.
Your use of the Apps following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Apps (including access to the Apps via any third-party links); charge, modify or waive any fees required to use the Apps; or offer opportunities to some or all Apps users.
Your use of the Apps is at your sole risk. You are solely responsible for the safe and legal operation of any drone or unmanned aerial vehicle (collectively, “UAV”). It is your responsibility to exercise reasonable judgment when evaluating whether or not it is safe or legal to operate a UAV at a given time or place. The fact that the Apps may report there is no flight restriction in effect is not a guarantee that it is safe or legal to operate a UAV. These resources are provided for informational purposes only and are not considered official aeronautical sources.
WE ENCOURAGE YOU TO SEEK THE ADVICE OF THE APPROPRIATE LICENSED PROFESSIONAL IN YOUR JURISDICTION AND YOU ASSUME THE RISKS ASSOCIATED WITH ANY FAILURE TO DO SO.
Any and all airspace maps, airspace data and flight restrictions provided are monitored strictly for compliance with FAA and state and government laws and regulations regarding UAV flight restrictions. Even though the Apps may designate a map area as open or free of flight restrictions, this does not mean that we recommend that area for drone flight and we cannot guarantee that you may legally operate your UAV within that area.
The Apps are not intended for use in, and you may not use the Apps for, the operation of manned aircraft navigation or communication systems, air traffic control systems, life support machines or other equipment in which the failure of the Apps could lead to death, personal injury, or severe physical or environmental damage.
By using the Apps and entering these Terms, you represent and warrant that your use of the Apps complies and will comply with all applicable laws, statutes, and regulations, and that you will not use the Apps except as permitted under these Terms.
4. Usage Limited to the United States
The Apps are controlled or operated (or both) from the United States and are not intended to subject Airspace Link to any non-U.S. jurisdiction or law. The Apps may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Apps is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Apps’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
5. Rules of Conduct
In connection with the Apps, you must not:
- Post, transmit or otherwise make available through or in connection with the Apps any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
- Use the Apps for any purpose that is fraudulent, tortious or otherwise unlawful.
- Harvest or collect information about users of the Apps.
- Interfere with or disrupt the operation of the Apps or the servers or networks used to make the Apps available, including by hacking or defacing any portion of the Apps; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Apps.
- Copy, modify, or creative derivative works of the App, any other portion of the Airspace Link service, in whole or in part.
- Reverse engineer, decompile or disassemble any portion of the Apps, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Apps.
- Frame or mirror any portion of the Apps, or otherwise incorporate any portion of the Apps into any product or service, without Airspace Link’s express prior written consent.
- Systematically download and store App content.Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather App content or reproduce or circumvent the navigational structure or presentation of the Apps, without Airspace Link’s express prior written consent.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Apps.
6. Information Submitted Through the Apps
Airspace Link is a provider of UAS services within the FAA’s Low-Altitude Authorization and Notification Capability (LAANC). LAANC may be used to satisfy compliance with Air Traffic Control (ATC) authorization. Information provided here is based on real-time and available projected information on airspace status and airport-specific maps, and that information is subject to change. Planning tools should be checked prior to flight for any changes that could impact the operation. Airspace Link provides LAANC services subject to the terms of the FAA’s Privacy Statement, which is available at https://www.faa.gov/uas/programs_partnerships/data_exchange/privacy_statement/
7. Registration, User Names and Passwords
You may need to register to use all or part of the Apps. We may reject, or require that you change, any username, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Airspace Link, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your App account.
For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Apps or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Airspace Link under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Apps, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Apps, or analyze your access to or use of the Apps. We may disclose information regarding your access to and use of the Apps, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
10. Limited Right to Use the Apps
Subject to your compliance with this Agreement, and solely for so long as you are permitted by Airspace Link to use the Apps, you may view one (1) copy of any portion of the Web Apps to which we provide you access under this Agreement, on any single device. The Web Apps are licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Airspace Link to use the Mobile Apps, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Mobile Apps on a mobile device that you own or control. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Mobile Apps and remove (that is, uninstall and delete) the Mobile Apps from your mobile device.
11. Airspace Link’s Proprietary Rights
We and our suppliers own the Apps, which are protected by proprietary rights and laws. Our trade names, trademarks and service marks include AIRSPACE LINK, AIRHUB® and any associated logos. All trade names, trademarks, service marks and logos on the Apps not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Apps should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
The Apps may contain certain open source and third-party software components (collectively, “Third-Party Components”). Each Third-Party Component is licensed under the Third-Party Component’s applicable license agreement (“Third-Party License”). Nothing in the Agreement is intended to modify the user’s rights or obligations with respect to any Third-Party Component set forth in the applicable Third-Party License.
Any fees charged by Airspace Link in connection with the Apps do not apply to any Third-Party Components for which fees may not be charged under the applicable Third-Party License. To the extent that this Agreement contains any warranty, support, indemnity or liability terms or any other terms and conditions not included in the applicable Third-Party License, these terms and conditions are not offered by or made on behalf of any third-party author, developer, or contributor of the applicable Third-Party Components. Where the terms of any specific Third-Party License entitle a licensee to the source code of the applicable Third-Party Component, that source code is available from Airspace Link upon request at firstname.lastname@example.org. A nominal fee may be charged by Airspace Link for processing such request.
12. Third-Party Materials; Links
Certain App functionalities may make available access to or incorporate information, products, services and other materials made available by third parties, such as airspace mapping data derived from aviation authorities, airspace information providers, government agencies, municipalities, or other sources, and Submissions (“Third-Party Materials”), or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials.
We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Airspace Link with respect to any Third-Party Materials. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the Apps at any time. In addition, the availability of any Third-Party Materials through the Apps does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS).
14. Disclaimer of Warranties
YOUR USE OF THE APPS, ANY PRODUCTS AND THIRD-PARTY MATERIALS IS AT YOUR OWN RISK. THE APPS AND ANY PRODUCTS AND THIRD-PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. AIRSPACE LINK DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPS AND ANY PRODUCTS AND THIRD-PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF AIRSPACE LINK, THE FEDERAL AVIATION ADMINISTRATION, ITS PARTNERS, SUBCONTRACTORS, AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
AIRSPACE LINK MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, AS TO THE ACCURACY OF INFORMATION THAT IS PROVIDED BY AIRSPACE LINK OR PROVIDED BY OR MADE AVAILABLE BY AVIATION AUTHORITIES, AIRSPACE INFORMATION PROVIDERS, GOVERNMENT AGENCIES, STATES, MUNICIPALITIES, OR OTHER PUBLICLY AVAILABLE SOURCES, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
While we try to maintain the timeliness, integrity and security of the Apps, we do not guarantee that the Apps are or will remain updated, complete, correct or secure, or that access to the Apps will be uninterrupted. The Apps may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Apps. If you become aware of any such alteration, contact us at email@example.com with a description of such alteration and its location on the Apps.
15. Limitation of Liability
AIRSPACE LINK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, AIRSPACE LINK WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE APPS OR FROM ANY PRODUCTS OR THIRD-PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPS OR ANY PRODUCTS OR THIRD-PARTY MATERIALS IS TO STOP USING THE APPS. THE MAXIMUM AGGREGATE LIABILITY OF AIRSPACE LINK FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO AIRSPACE LINK TO USE THE APPS OR $100. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH AIRSPACE LINK AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Airspace Link and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Apps (including all Submissions), Products and Third-Party Materials; and (b) any violation or alleged violation of this Agreement by you.
This Agreement is effective until terminated. Airspace Link may terminate or suspend your use of the Apps at any time and without prior notice, for any or no reason, including if Airspace Link believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Apps will immediately cease, and Airspace Link may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections which by their nature should survive expiration of termination of this Agreement, including without limitation, any sections regarding ownership, governing law, arbitration, confidentiality, limitations on liability and indemnification, shall survive any expiration or termination of this Agreement.
18. Governing Law; Arbitration
The terms of this Agreement are governed by the laws of the State of Delaware, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND AIRSPACE LINK, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT AIRSPACE LINK AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
19. Information or Complaints
If you have a question or complaint regarding the Apps, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to 1250 Library St., Suite 61, Detroit, MI 48226, or by calling us at (800) 783-3712. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
20. Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Apps infringe your copyright, you (or your agent) may send to Airspace Link a written notice by mail, e-mail or fax, requesting that Airspace Link remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Airspace Link a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices must be sent in writing to Airspace Link as follows: By mail to Airspace Link, Inc. Attn: Michael Healander, 1250 Library St., Suite 61, Detroit, MI 48226; or by e-mail to email@example.com.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
21. Export Controls
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Airspace Link. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.”
This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Airspace Link relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Airspace Link relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Apps or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Airspace Link will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
23. Third Party Services
Our Services may embed or utilize third party technologies. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data to them. In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer.