These services are collectively referred to herein as the “Services”. The Services available under these Terms may be updated or modified by AIRXOS from time to time.
These Terms constitute a fully binding agreement between AIRXOS (including its affiliates and subsidiaries, “AIRXOS,” “we,” “us” and “our”) the proprietor of all rights in and to the Services, and you. It is therefore recommended that you carefully read these Terms. AIRXOS offers these Services, including all information, tools and services available, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here.
Your use of the Services constitutes your agreement to these Terms. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY YOU SHOULD NOT ACCESS OR USE THE SERVICES, OR ANY PART THEREOF.
The Services are offered and available only to users who reside in the United States. You hereby represent and warrant that you reside in the United States and are not located in, under the control of, or a national or resident of any prohibited country (under any applicable law). Further, you hereby represent and warrant that you are of legal age and have capacity to form a binding contract with AIRXOS. Certain functions of the Services may include additional restrictions (including age restrictions). If you are accepting these Terms on behalf of a corporation or other legal entity, you also represent and warrant that you have the right, power and authority to bind such entity.
If you are under the legal age of majority in your jurisdiction, then you must review these Terms with your parent or guardian and they must understand and agree to these Terms in order for you to use the Services. If you, or your parent or guardian, do not agree to these Terms in their entirety, then you must not access or use the Services, or any part thereof.
Special Eligibility Requirements:
If you do not meet all of the foregoing eligibility requirements (including any requirements for individual functions of the Services), you must not access or use the Services (or individual functions of the Services for which you are not eligible).
We reserve the right to update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them to the AIRXOS website. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the revised Terms in their entirety. You are expected to check the AIRXOS website frequently so you are aware of any changes, as they are binding on you.
AIRXOS 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 ATC authorization (14 CFR Part 107). 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 possible changes that could impact the operation. The FAA has issued a privacy statement regarding information collected within LAANC.
As used in this Section 1 and Section 3 below, internal business purposes means any lawful commercial (or non-commercial) purposes undertaken in the ordinary course, but excluding distributing, sublicensing, disclosing, or otherwise providing the Software, Services or any information or data therein to a third party other than via a differentiated service of your own that incorporates the Services or any information or data therein, without the prior written consent of AIRXOS. For example, if the license above is limited to internal business purposes, you may not: (i) resell the Services; (ii) offer to rent or lease the Services; or (iii) offer the Services to the public via communication or integrate it within a service of your own, in each case other than via a differentiated service of your own that incorporates the Services or any information or data therein, without the prior written consent of AIRXOS. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Services.
You may receive SMS messages in connection with your use of the Services. You hereby acknowledge and agree you are solely responsible for any fees, charges, and expenses incurred by you in accessing and using the Services, including, but not limited to, standard text messaging and data rates. Standard text message charges will depend on the plan that you have with your wireless carrier and may appear on your wireless bill or be deducted from a prepaid balance. You may opt-out of receiving SMS messages at any time by modifying the settings of your user account.
You shall exercise all reasonable diligence and implement all reasonable measures while using the Services as may be necessary to ensure that your use thereof does not threaten national security, public security, public safety or the health and safety of any person. Without limiting the foregoing, you are responsible for the airworthiness and safe operation of any aircraft that you operate in connection with the Services and are responsible for obtaining any necessary licenses or authorizations therefor. By using the Services, you represent and warrant that you are appropriately skilled and knowledgeable with respect to the operation of aircraft, have received all necessary or advisable training and/or certification, are fit (mentally, physically or otherwise) for the operation of any aircraft you operate in connection with the Services. AIRXOS hereby expressly disclaims any and all liability that may arise from your operation of any aircraft in connection with the Services, including without limitation, any injury to person or property related thereto.
If You are part of an agency, department, or other entity of the government of the United States, the use, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Software is a “commercial item,” “commercial computer software,” and “commercial computer software documentation.” In accordance with such provisions, any use of the Software by the Government shall be governed solely by these Terms. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
AIRXOS may, at any time, restrict access to, terminate, withdraw or amend the provision of the Services in their entirety or any part thereof, temporarily or permanently, at its sole discretion with or without notice, including disabling any individual user name, password or other identifier, whether chosen by you or provided by AIRXOS, as may be needed to protect the security and integrity of the Services, in the event of any risk to the business or reputation of AIRXOS, or for any violation of these Terms. AIRXOS shall have no liability in connection with the foregoing, except in cases of AIRXOS’s gross negligence or willful misconduct.
The look and feel of the Software and/or Services, including any color combinations, user interface layouts, and other graphical elements, are AIRXOS trademarks. No portion of the Software and/or Services or the information contained may be reproduced in whole or in part unless expressly authorized by AIRXOS.
The AIRXOS name and logo, and all related product and service names, design marks, logos, and slogans are the trademarks or registered trademarks of AIRXOS. You may not use any AIRXOS or third-party trademarks or logos without the prior written consent of AIRXOS or the applicable trademark owner.
Rights in Data: The Services may include functionality that allows you to share Data or that may automatically collect Data in connection with your use of the Service. For purposes of this Section 5, “Data” means all data that is collected automatically by AIRXOS through the Services, or provided to AIRXOS by you. You hereby represent and warrant that you have, or have obtained, adequate rights to any and all data that you share with AIRXOS in connection with your use of the Services, including adequate rights for AIRXOS to use such Data in accordance with these Terms.
Data that may be shared by you or collected automatically by the Services may include, but is not limited to, the following categories:
You hereby acknowledge and agree that, except where Data uploaded by you in connection with your use of the Services is not assignable under applicable law or regulations, AIRXOS shall exclusively own all Data. Except as otherwise prohibited by applicable law you hereby grant to AIRXOS a non-exclusive, perpetual, irrevocable, royalty-free, fully-paid-up license to store, access, duplicate, modify, and otherwise use for AIRXOS’s internal business purposes (including provision of the Services to you or other customers or to make improvements to the Services) Data that is uploaded by you in connection with your use of the Services that is otherwise not assignable under applicable law or regulations. For clarity, the license you grant to AIRXOS shall survive expiration or earlier termination of these Terms, except as otherwise prohibited by applicable law. AIRXOS hereby grants you a time-limited, non-exclusive license to access and use, solely as permitted by the functionality of the Service, Data owned by AIRXOS, which Data may be uploaded by or collected from you in connection with your use of the Services, or such other Data as AIRXOS may make available for your use from time to time. The license that AIRXOS grants to you shall terminate automatically upon the expiration or earlier termination of these Terms.
THE SOFTWARE AND/OR SERVICES ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN CONNECTION WITH THE DESIGN, CONSTRUCTION, MAINTENANCE, AND/OR OPERATION OF ANY SYSTEM WHERE THE USE OR FAILURE OF SUCH SYSTEM COULD RESULT IN A THREAT TO THE SAFETY OF HUMAN LIFE OR SEVERE PHYSICAL HARM OR PROPERTY DAMAGE (INCLUDING FOR EXAMPLE IN CONNECTION WITH ANY NUCLEAR, MANNED-AIRCRAFT NAVIGATION OR CONTROL, LIFE SUPPORT, OR OTHER LIFE-CRITICAL APPLICATION). TO THE FULLEST EXTENT PERMITTED BY LAW, AIRXOS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH HIGH RISK USES. AIRXOS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS OR DAMAGES ARISING FROM SUCH HIGH RISK USES.
You agree and acknowledge that:
THE FOREGOING DISCLAIMER OF WARRANTIES AND ACKNOWLEDGEMENTS BY YOU CONSTITUTE AN ESSENTIAL PART OF THESE TERMS.
Please note that the information provided by the Services and/or Software may include inaccuracies or errors. Any reliance you place on information you obtain from or through the Services is strictly at your own risk. AIRXOS disclaims any and all liability and responsibility arising from any reliance placed on such materials by your or any other user of the Services, or by anyone who, directly or indirectly, may receive information from the Services. AIRXOS will provide support for the Services in accordance with the Service Level Agreement (SLA), as applicable.
The Services may include data and links to content provided by third parties. AIRXOS has no control over such data or the content of any linked websites or resources, and accepts no responsibility for them. AIRXOS is not responsible or liable to you or any third party, for the content, accuracy or timeliness of any materials or information provided by such third parties. If you decide to access any third party content through any link provided through the Services you do so entirely at your own risk and subject to the terms and conditions of use for such websites or resources.
AIRXOS may, either partially or in its entirety and without being obligated to provide prior notice, modify, adapt or change the Software, the Services’ features, the user interface and design, the extent and availability of the contents in the Services and any other aspect related to the Services. You will have no claim, complaint or demand against AIRXOS for applying such changes or for failures incidental to such changes.
ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL AIRXOS BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY INFORMATION, SOFTWARE OR SERVICES AVAILABLE.