End-user license agreement
Thank you for your interest in using FIXAR software applications offered by FIXAR-AERO LLC. (“FIXAR”), a company duly incorporated in Riga, Latvia. In the following, the software application FIXAR xGroundControl Station is referred to as “FIXAR Software”. Please read the following terms and conditions carefully. By clicking “Accept” or by using the FIXAR Software or any of the products, software, data or services provided to you through the FIXAR Software (together with FIXAR Software, the “Service” ), you acknowledge that you have read, understood, and agreed to be bound by the following terms and conditions (together, the “Terms”). If you are not eligible or do not agree to any of the Terms, then you may not use the Service.
FIXAR provides unmanned aerial vehicles (UAVs) and the firmware contained therein, software for flight planning and data pre- and post-processing and analysis, as well as related physical products (collectively, “FIXAR Hardware”), for intended use based on selected payload.
You acknowledge and agree as provided in further detail in these terms that:
- FIXAR Software is licensed, not sold to you, and that you may use the Service only as set forth in these Terms;
- The Service is provided “as is” without warranties of any kind and FIXAR’s liability to you is limited to the extent permitted by law;
FIXAR Software and Service Overview
You may use FIXAR Software to control FIXAR Hardware in flight. You may also use FIXAR Software to plan flight paths, to process flight data and aerial images, to upload images taken by cameras on certain FIXAR Hardware to web-based hosting platforms and to perform other related services.Any other uses are strictly prohibited.
You must be at least 18 years of age to use the Service, including FIXAR Software. By agreeing to these Terms, you hereby represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
Accounts and Registration
To access certain features of the Service available through FIXAR Software, you must register for a FIXAR account. When you register for a FIXAR account, you shall be required to provide us with some information about yourself, such as your name, email address and company name. You represent and warrant that the information you provide to us is accurate and that you shall keep it accurate and up-to-date at all times. When you register, you shall be asked to provide a password. You are solely responsible for maintaining the confidentiality of your FIXAR account and password, and you accept responsibility for all activities that occur under your FIXAR account.
Using FIXAR Software to Operate FIXAR Hardware
You are responsible for obtaining and maintaining all hardware and other communications equipment (including FIXAR Hardware) needed to access or use the Services. You agree that: (a) you shall use each FIXAR Hardware only in conformity with the applicable FIXAR user manual and safety guidelines available under [email protected]; (b) you shall use and maintain with due care, and shall not deface, modify, use or operate any FIXAR Hardware in any illegal manner or for any illegal purpose in violation of any applicable international, federal, state, or local law or regulation that might be applicable; (c) you shall not (and shall not permit others to) remove, deface, or otherwise obstruct any regulatory or certification markers affixed to FIXAR Hardware; and (d) each FIXAR Hardware item shall only be repaired and/or refurbished subject to FIXAR’s express written authorization and in accordance with FIXAR’s instructions and requirements. When using FIXAR Software to operate FIXAR Hardware, you agree to abide by all relevant statutes, rules, and regulations set forth by government, law enforcement, and regulatory agencies, in-force at the location you use, or intend to use FIXAR hardware and software, including without limitation and as applicable the International Civil Aviation Organization (ICAO), European Aviation Safety Agency (EASA), Transport Canada Civil Aviation (TCCA) and the Federal Aviation Administration (FAA). You agree to comply with all flight limitations, which may include flight envelope limits, distance limits, visual line of sight, and No-Fly Zones. You acknowledge and agree that it is your responsibility to check with local authorities to confirm that your proposed flight path and plan conform with applicable laws and regulations and that your receipt and use of any Environmental Flight Data (as defined below) does not relinquish this independent obligation. Before operating FIXAR Hardware using FIXAR Software, you agree that you understand the nature of your flight operation (e.g. for public use, or for commercial use) and you further agree to obtain all required approval and clearance from the related government agencies before flight. You should consult with your local regulators for comprehensive definitions and specific requirements. For specific countries FIXAR may stipulate further rules and regulations which shall be highlighted to you in an appropriate manner. When using FIXAR Software to operate FIXAR Hardware, you acknowledge and agree that you are solely responsible for ensuring that your use of the FIXAR Hardware is conducted safely and in accordance with all local laws and regulations. By using FIXAR Software, and by entering into these Terms, you represent and warrant that your use of FIXAR Software complies and shall comply with all applicable laws, statutes, and regulations, and that you shall not use FIXAR Software except as expressly permitted under these Terms.
Environmental Flight Data
FIXAR Software may include features that provide you with certain airspace and geographical data, including but not limited to the location of airports, restricted airspace, prohibited airspace, temporary flight restriction areas, power plants, power lines, stadiums and prisons, No Fly Zones or the Geospatial Environment Online (GEO) system (collectively, “Environmental Flight Data”). Environmental Flight Data may be provided to you by FIXAR and its airspace information provider as a courtesy to you and for your informational purposes only – YOU MUST NOT RELY ON THE ENVIRONMENTAL FLIGHT DATA. You agree to consult and rely only upon official sources of aviation, agency, governmental and other aeronautical and geospatial information other than the Environmental Flight Data in connection with your operation of any FIXAR Hardware. The fact that FIXAR’s Environmental Flight Data may not report a flight restriction in your intended operating area does not guarantee that your flight is safe or that it is legal to operate FIXAR Hardware in that location. Please note that Environmental Flight Data may include information from aviation authorities, municipalities, or other publicly available sources, and any manned airspace information contained in the Environmental Flight Data is typically updated at industry-standard twenty-eight (28) day intervals. If you choose not to operate your FIXAR Hardware using a device that maintains a live internet data connection, you shall not receive the latest Environmental Flight Data that FIXAR may be able to provide to you. You agree that you are solely responsible for the safety of your flight operation, including but not limited to obtaining any required governmental authorizations and maintaining a safe distance from manned and unmanned aircraft traffic, structures, vehicles, ground hazards, infrastructure, emergency personnel and people on the ground, and exercising reasonable judgment when evaluating whether or not it is safe to operate FIXAR Hardware at a given time or place. FIXAR is under no obligation to restrict you from flying your FIXAR Hardware in areas that pose safety or security concerns. In some instances, however, FIXAR may limit or disable the operation of the FIXAR Hardware in locations that raise safety or security concerns and these locations may change with or without notice when FIXAR determines that a location raises a safety or security concern.
FIXAR may enable you to “verify” your FIXAR account. FIXAR may grant users with verified accounts access to certain functions and features of the Service, including the ability to self-authorize or “unlock” flight operations in locations that are categorized by FIXAR’s Geospatial Environment Online system as raising safety or security issues. FIXAR may verify your account by reviewing the validity of a personal credential, such as a payment card or mobile phone number. If you provide FIXAR with your mobile phone number, you expressly authorize FIXAR, or their agents to transmit to you one or more text message numeric codes for the purpose of accomplishing the verification process. Your standard text messaging rates shall apply. By providing FIXAR with credit card or debit card information, you expressly authorize FIXAR, or their agents to contact your card issuer to confirm that the card number you provide is currently valid. By providing credential information to FIXAR, you agree that FIXAR may retain credential information and provide such information, as well as your user login ID or email address, to government authorities, law enforcement agencies, regulatory agencies and other duly authorized parties as may be required by or permitted under applicable laws. By using a verified account to unlock or self-authorize flight operations in locations that are categorized by FIXAR’s Geospatial Environment Online system as raising safety or security issues, you are authorizing FIXAR to disclose information about that decision to government authorities if FIXAR is required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a court order, judicial or other government subpoena, warrant or request, or to otherwise cooperate with law enforcement or other governmental agencies. Account verification may expire and renewal is required at intervals determined by FIXAR and subject to change at FIXAR’s sole discretion. FIXAR reserves the right to revoke account verification at its own discretion, for any or no reason.
BY USING THE SERVICE YOU AGREE NOT TO:
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
- interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of FIXAR Software except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- perform any fraudulent activity in connection with your obtaining or using the Services, including impersonating any person or entity, claiming a false affiliation, accessing any other FIXAR account without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9) or any Environmental Flight Data, or any right or ability to view, access, or use any Materials or any Environmental Flight Data;
- sell, sublicense, rent, lease or use FIXAR Software, Third Party Code or Sample Code (or any portion thereof) for time sharing, hosting, service provider or like purposes;
- reverse engineer, adapt, modify, decompile, disassemble, translate FIXAR Software or create derivative works based on FIXAR Software in any way including without limitation, removal of the installer program, electronic end user license agreement, “About” screen, or any copyright or other proprietary notice that appears in FIXAR Software, or otherwise attempt to discover the source code of FIXAR Software;
- remove or alter any proprietary notices or labels on FIXAR Software; and
- attempt to do any of the acts described in this Section, or assist or permit any person in engaging in any of the acts described in this Section.
Termination of Use; Discontinuation and Modification of the Service
If you violate any provision of these Terms, your permission from us to use the Service, including FIXAR Software, shall terminate automatically. In addition, FIXAR may in its sole discretion terminate your FIXAR account or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service or features of the Service at any time, temporarily or permanently, without notice to you. We shall have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. Without limiting the foregoing, you understand and agree that in any termination or suspension of your account or the Service, you shall not have access to any data or content recorded using the Service or otherwise contained in the Service, and we shall have no responsibility to provide you access to such data or content. You may terminate your FIXAR account at any time by contacting customer service at [email protected].
Note that the user manual (incl. safety guidelines), as linked into and available under FIXAR Support materials, are valid as an integral part of these Terms, and are made part of these Terms by this reference. If you do not have the access to the Support materials, please send request through e-mail – [email protected].
Modification of these Terms
Ownership; Proprietary Rights
The Service is owned and operated by FIXAR. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by FIXAR are protected by intellectual property and other laws. All Materials contained in the Service are the property of FIXAR or our third-party licensors. Except as expressly authorized by FIXAR, you may not make use of the Materials. FIXAR reserves all rights to the Materials not granted expressly in these Terms.
You are responsible for your use of the Service. You shall defend and indemnify FIXAR and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “FIXAR Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Disclaimers; No Warranties.
IF NOT STATED OTHERWISE IN THE HARDWARE WARRANTY, THE SERVICE AND ALL MATERIALS, ENVIRONMENTAL FLIGHT DATA, AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FIXAR ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS, ENVIRONMENTAL FLIGHT DATA, AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE FIXAR ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS, ENVIRONMENTAL FLIGHT DATA, OR CONTENT OFFERED THROUGH THE SERVICE, SHALL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES SHALL BE CORRECTED.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS, ENVIRONMENTAL FLIGHT DATA, OR CONTENT AVAILABLE THROUGH THE SERVICE SHALL CREATE ANY WARRANTY REGARDING ANY OF THE FIXAR ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND ANY MATERIALS, ENVIRONMENTAL FLIGHT DATA, OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR FIXAR HARDWARE USED IN CONNECTION WITH THE SERVICE) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL FIXAR ITS AFFILIATES, SUBSIDIARIES, AND ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, AN ILLEGAL AND/OR NON-AUTHORISED USE OF A COMPUTER TO MAKE AN ATTEMPT TO ACCESS ANOTHER COMPUTER WITHOUT YOURS OR FIXAR’S CONSENT TO CAUSE HARM OR COMMIT FRAUD. OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FIXAR ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
These Terms are governed by the laws of Latvia without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and FIXAR agree to submit to the personal and exclusive jurisdiction of the courts located in Stockholm – Arbitration Institute of the Stockholm Chamber of Commerce, for the purpose of litigating any dispute.
Third Party Software
Notwithstanding other statements in this EULA, third party software including free, copyleft and open-source software components (collectively referred to as “Third Party Software”), if any, are distributed in compliance with the particular licensing terms and conditions attributable to the Third-Party Software. FIXAR provides the Third-Party Software to You “AS IS” without any warranties or indemnities of any kind. Copyright notices and licensing terms and conditions applicable to the Third Party Software are available for review with the Software documentation at https://fixar.pro/third-party-software-en/, and are included on the media on which You received the Software, within a “NOTICE” file (e.g., NOTICE.PDF or NOTICE.TXT) included within the downloaded files, and/or reproduced within the materials or Documentation accompanying the Software.
The Service is offered by
Riga, Latvia, Skandu street 7, LV-1067
Last update: December, 2022