Effective Date: February 28, 2018

These Terms of Use (“Terms”) govern your use of the Measure Ground Control™ flight application (“Measure GC™”) and other related services (collectively, the “Services”) that are available from Measure UAS, Inc. (“Measure” “we” or “us”).   By accessing or using any of the Services, you are electronically signing these Terms and agree to be bound by them as of the date that you use the Services.  If you do not agree to any of these Terms, you may not access or use the Services.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.  IF YOU DO NOT AGREE TO THE TERMS STATED BELOW OR TO ANY CHANGES MADE TO THESE TERMS, PLEASE EXIT THE SERVICE IMMEDIATELY.

 

Your Account

In order to access the Services, you may be asked to create an account and login credentials such as an account identifier and a password. You are responsible for maintaining the confidentiality of your login credentials. You accept responsibility for all activities that occur under your account using your login credentials. In the event that you know or have a reasonable suspicion that a third party has obtained your login credentials, you must immediately notify us at GCsupport@measure.com. If we have reasonable grounds for believing that you have misused or are misusing your login credentials, we may require you to change your login credentials or may suspend your access to the Services.

 

Account Eligibility

You must be at least 18 years old to use the Services.

By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Services; (c) you have not been convicted of a crime or violated any FAA or other aviation regulation; (d) you are not a citizen or resident of a geographic area in which access or use of the Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (e) you are not a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; and (f) you are not an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation.

 

Limitations on Use of the Services

The Services are provided solely for your personal use, and you must not sublicense, distribute, sell, modify, or alter the Services or any content that you receive via the Services.

Your registration and your use of the Services must comply with all applicable laws and regulations. You must not use the Services for any unlawful purpose, any fraudulent purpose, or for any purpose that is prohibited by or that violates these Terms.

You must not use the Services in connection with the operation of drones that may in any way harm people or property; interfere with security-related features of the Services; or interfere with any security measures of any third party.

You must not use any robot, spider, scraper, or other automated means to access the Services for any purpose, and you must not take any action that would interfere with, delay, alter, or otherwise harm operation of the Services or any user of the Services.

 

Intellectual Property

Measure owns all the intellectual property rights in Measure GC™ and the Services. You must not reproduce or distribute any content that you access via the Services unless we provide you with prior written consent to do so.

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively, the “Marks”) that appear on the Services are proprietary to Measure or its affiliates. You must not display or reproduce the Marks unless we provide you with prior written consent to do so. You must not remove or otherwise modify any trademark notices from any content that you receive via the Services.

 

Services Provided “As Is”

Measure assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other materials available via the Services. While we strive to keep the Services accurate, complete and up to date, we rely on third parties for certain information. Because of this, we cannot guarantee or be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information.

THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS WITH NO WARRANTY OF ANY KIND. MEASURE DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  MEASURE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

 

Limitation of Liability

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR OWN RISK. YOU MUST MAKE YOUR OWN DECISION ON WHETHER OR NOT TO RELY ON ANY INFORMATION MADE AVAILABLE ON THE SERVICES. MEASURE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEASURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES.

 

Indemnification

You agree to indemnify, defend and hold harmless Measure, and Measure’s employees, directors, officers, representatives, affiliates and licensors from any liability, loss, claim and expense (including reasonable attorneys’ fees) related to (1) your use of the Services or any content obtained in the Services; (2) your violation of these Terms; or (3) your violation of any rights of any third party.

 

Privacy

Please review Measure’s Privacy Policy for more information about how we handle your personal information. The Privacy Policy is incorporated into and made part of these Terms.

 

Links to Third Party Content

The Service may contain links to other services and content not operated or controlled by Measure (“Third Party Content”). The policies and procedures described in this Agreement or in Measure’s Privacy Policy may not apply to Third Party Content. You should contact the providers of Third Party Content directly for information concerning their policies. Our links to Third Party Content and use of Third Party Content does not imply that we endorse or have reviewed the Third-Party Content.

 

Access to the Service; Modification of Terms

Measure may change or improve the information or content on the Services, or terminate any of the Services, at any time without notice.  Measure may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. By continuing to access or use the Services you agree to be bound by the terms and conditions of the modified Terms.

 

Termination

We reserve the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any reason, including your breach of these Terms, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law.

 

Miscellaneous

These Terms and the relationship between you and Measure will be governed by the laws of District of Columbia, USA without giving effect to principles of conflict of laws of any jurisdiction. You agree that all disputes arising from or relating to your use of the Services will be brought exclusively in the state and federal courts situated within the District of Columbia, USA.

If any provision of these Terms is found to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these will be construed and enforced in such jurisdiction as if such provision had never been included.

These Terms and Measure’s Privacy Policy constitute the entire agreement between you and Measure with respect to the Services, and they supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Measure with respect to the Services.

 

Copyright and Trademark Notices

All contents of the Services are copyrighted © 2018 Measure UAS, Inc. All rights reserved. Other product and company names may be trademarks or service marks of their respective owners.