AirHub® Portal Terms of Service
These Terms of Service (“Terms”) are a binding agreement between you and Airspace Link, Inc. (“Airspace Link”). These Terms govern your use of AirHub® Portal (including all related documentation and both the website and mobile applications, “AirHub® Portal”). AirHub® Portal is licensed, not sold, to you.
BY CLICKING THE “AGREE” BUTTON, SIGNING AN ORDER FORM OR SIMILAR DOCUMENT RELATIVE TO YOUR LICENSING OF AirHub® Portal, OR DOWNLOADING, INSTALLING, OR USING AirHub® Portal, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE AirHub® Portal.
Airspace Link may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when Airspace Link posts them. Your continued use of AirHub® Portal following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access AirHub® Portal so you are aware of any changes, as they are binding on you.
1. License Grant and Restrictions
Subject to these Terms, Airspace Link grants you a limited, non-exclusive, and nontransferable license to download, install, and use AirHub® Portal strictly in accordance with AirHub® Portal’s documentation. Except as may be expressly permitted by applicable law or expressly authorized by AirHub® Portal, you shall not: (a) copy AirHub® Portal, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of AirHub® Portal; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of AirHub® Portal or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from AirHub® Portal, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available AirHub® Portal, or any features or functionality of AirHub® Portal, to any third party for any reason, including by making AirHub® Portal available on a network where it is capable of being accessed by more than one device at any time; (f) use any robot, spider, or other automatic device, process, or means to access AirHub® Portal for any purpose, including monitoring or copying any of the material on AirHub® Portal or to retrieve, index, “scrape,” “data mine” or otherwise gather AirHub® Portal content or reproduce or circumvent the navigational structure or presentation of the AirHub® Portal; (g) use any manual process to monitor or copy any of the material on AirHub® Portal, or for any other purpose not expressly authorized in these Terms, without Airspace Link’s prior written consent; (h) harvest or collect information about users of the AirHub® Portal; (i) frame, mirror, or otherwise incorporate AirHub® Portal or any portion of AirHub® Portal as part of any other mobile application, website, or service; (j) use AirHub® Portal in any manner that could disable, overburden, damage, or impair AirHub® Portal or interfere with any other party’s use of AirHub® Portal; (k) systematically download or store AirHub® Portal content; or (l) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting AirHub® Portal.
Your use of AirHub® Portal is at your sole risk. You are solely responsible for the safe and legal operation of any drone or unmanned aerial vehicle (collectively, “UAV”), and you must comply with all terms, conditions, manuals and instructions provided by the applicable UAV manufacturer. 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 and to check with official sources to determine the latest active restrictions and dangers. The fact that AirHub® Portal 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. AIRSPACE LINK ENCOURAGES 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 AirHub® Portal may designate a map area as open or free of flight restrictions, this does not mean that Airspace Link recommends that area for drone flight and Airspace Link cannot guarantee that you may legally operate your UAV within that area. AirHub® Portal is not intended for use in, and you may not use AirHub® Portal 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 AirHub® Portal could lead to death, personal injury, or severe physical or environmental damage. By using AirHub® Portal and entering these Terms, you represent and warrant that your use of AirHub® Portal complies and will comply with all applicable laws, statutes, and regulations, and that you will not use AirHub® Portal except as permitted under these Terms.
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/.
3. Reservation of Rights
You acknowledge and agree that AirHub® Portal is provided under license, and not sold, to you. You do not acquire any ownership interest in AirHub® Portal under these Terms, or any other rights thereto other than to use AirHub® Portal in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Airspace Link and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to AirHub® Portal, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
Airspace Link always welcome feedback, comments and suggestions regarding AirHub® Portal and its other offerings (“Feedback”). You grant Airspace Link a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid and royalty-free license, with the right to sublicense, under all applicable intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon and otherwise exploit your Feedback for any purpose.
4. Collection and Use of Your Information
In addition to the foregoing, AirHub® Portal may include features or products that require payment. All prices, discounts, and promotions with respect to such features and products are subject to change without notice. Posted prices do not include taxes. All such taxes will be added to your total. Airspace Link strives to display accurate price information but may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. Airspace Link reserves the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences. Terms of payment are within Airspace Link’s sole discretion. You represent and warrant that: (a) the credit card information you supply is true, correct and complete, (b) you are duly authorized to use such credit card for the purchase; (c) charges incurred by you will be honored by your credit card company; and (d) you will pay charges incurred at the posted prices, including all applicable taxes. Airspace Link may offer from time to time promotions with respect to features and/or products that may affect pricing and that are governed by terms and conditions separate from those set forth herein. If there is a conflict between the terms for a promotion and those set forth herein, the promotion terms will govern.
5. Content and Services; User Contributions
AirHub® Portal may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit (hereinafter, “post”) content, data, or materials (collectively, "User Contributions") on or through AirHub® Portal. Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant Airspace Link and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above; and (b) all of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Airspace Link, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Airspace Link is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of AirHub® Portal.
6. Geographic Restrictions
The Content and Services are based in the state of Michigan in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
Airspace Link may from time to time in its sole discretion develop and provide AirHub® Portal updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Airspace Link has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your usage device settings, when your usage device is connected to the internet either: (a) AirHub® Portal will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that AirHub® Portal or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of AirHub® Portal and be subject to all terms and conditions of these Terms.
8. Third-Party Materials
AirHub® Portal may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Airspace Link is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Airspace Link does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
9. Term and Termination
The effectiveness of these Terms commences upon the earliest to occur of your download or installation of AirHub® Portal, your acknowledgment of your acceptance of these Terms or your execution of an order form or similar document relative to your licensing of AirHub® Portal, and will continue in effect until terminated by you or Airspace Link as set forth in this Section 8. Airspace Link may terminate these Terms at any time without notice. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms.Upon termination: (a) all rights granted to you under these Terms will also terminate; and (b) you must cease all use of AirHub® Portal and delete all copies of AirHub® Portal from your usage device and account. Termination will not limit any of Airspace Link’s rights or remedies at law or in equity.
10. Disclaimer of Warranties
AirHub® Portal IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AIRSPACE LINK, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO AirHub® Portal, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, AIRSPACE LINK PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT AirHub® Portal WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AIRSPACE LINK OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE AirHub® Portal OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR AirHub® Portal. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR AIRSPACE LINK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Airspace Link and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of AirHub® Portal or your breach of these Terms, including but not limited to the content you submit or make available through AirHub® Portal.
13. Export Regulation
AirHub® Portal may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release AirHub® Portal to, or make AirHub® Portal accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making AirHub® Portal available outside the US.
14. US Government Rights
AirHub® Portal is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to AirHub® Portal as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
16. Governing Law
These Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS 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 THESE TERMS 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 these Terms. 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 these Terms 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 these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.
17. Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR AirHub® Portal MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
18. Entire Agreement
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, these Terms shall govern.