Terms and Conditions

Last updated: August 16, 2023

Please read these Terms and Conditions (“Terms”) carefully before using the www.alarispro.com website or the AlarisPro Mobile Application (the “Service”) operated by AlarisPro, Inc. (“AlarisPro”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

If you are accepting these Terms as binding on behalf of a business organization, you hereby represent that you have the authority to agree to these Terms on your organization’s behalf and warrant that your organization, including its employees, agents, representatives, and subcontractors who will use the Service, will be bound by these Terms when you accept them.

Communications

By creating an Account to use the Service, you agree to receive UAS alerts, notifications, hardware or process updates, newsletters, marketing or promotional materials and other information AlarisPro may send. However, you may opt out of receiving any, or all, of these communications from AlarisPro by following the unsubscribe link or instructions provided in any email you receive from AlarisPro.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. All fees billed under these Terms are exclusive of taxes or other government fees, and you are responsible for payment of any such fees that apply to you.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same terms and conditions unless you cancel it or AlarisPro cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the AlarisPro customer support team.

A valid payment method is required to process the payment for your Subscription. You shall provide AlarisPro with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize AlarisPro to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, AlarisPro will issue an electronic invoice indicating that you must process manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

AlarisPro, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

AlarisPro will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content

The Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant AlarisPro the right and license as provided in these Terms; and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. AlarisPro reserves the right to terminate the account of anyone found to be infringing a right of any third party.

You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. AlarisPro takes no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant AlarisPro the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. For uploaded documents, this license will be used only to allow you and authorized users to retrieve documents uploaded to your account.

AlarisPro has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of AlarisPro or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from AlarisPro.

If you are a subscriber of AlarisPro that manufactures unmanned aerial systems (“UAS”), you hereby agree that Content relating to your UAS, including but not limited to information about its parts and performance, unless Restricted (defined below), will be visible to UAS operators and other AlarisPro customers and third parties on an unrestricted and irrevocable basis. “Restricted” UAS and the corresponding content are not made visible through the Service without your approval which is provided through the AlarisPro manufacturer portal. Your Restricted Content will remain Restricted for new operators during the term of your Subscription and for a period of one year thereafter. During this one-year period, an email request will be generated and sent to you for review which will not be unreasonably withheld. You will be provided 15 days to approve or deny that a UAS be added to the AlarisPro client’s fleet. If no response is received after 15 days, you hereby grant AlarisPro permission to add the UAS to the client’s fleet. If you are a UAS customer other than a manufacturer, you agree not to submit any Restricted Content owned by any UAS manufacturer through the Service without the express consent of the manufacturer. All content related to your UAS, its performance, and parts including previously unrestricted and approved Restricted Content shall remain available to AlarisPro customers on an unrestricted and irrevocable basis.

Accounts

When you create an account with AlarisPro, you guarantee that you are 18 years of age or older, and that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account and access to the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party. You must notify AlarisPro immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of AlarisPro and its licensors. The Service is protected by copyright, trademark, patent and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AlarisPro. AlarisPro reserves all rights not expressly granted to you under these Terms. You may not use the Service to create derivative works of any kind. Any such use of the Service is ground for immediate termination of your account without notice or any refund.

Performance Metrics and Machine Learning

You acknowledge that a fundamental component of the Service is the use of machine learning and performance metrics for the purpose of providing and improving the Service. You hereby acknowledge that AlarisPro may collect, use, aggregate and de-identify information related to your use of the Service to train its algorithms through machine learning techniques, monitor performance, create analytics and statistical data, or for any other purpose permitted by law.

Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by AlarisPro. Your use of third-party products or services that are not licensed to you directly by AlarisPro (“Third-Party Services”) shall be governed solely by the terms and conditions applicable to such Third-Party Services, as agreed to between you and the third party. AlarisPro does not endorse or support, is not responsible for, and disclaims all liability with respect to Third-Party Services, including the privacy practices, data security processes and other policies related to Third-Party Services. You hereby agree to waive any claim against AlarisPro with respect to any Third-Party Services. You may enable integrations between the Service and Third-Party Services (each, an “Integration”). By enabling an Integration between the Service and Third-Party Services, you are instructing AlarisPro to share the your data as necessary to facilitate the Integration. You are responsible for providing all instructions to any Third-Party Service provider relating to your data.

AlarisPro has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. AlarisPro does not warrant any of the offerings of any of these third parties, including those offered on their websites.

You acknowledge and agree that AlarisPro is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party websites.

You are strongly advised to read the terms and conditions and privacy policies of any third party websites or services that you visit.

LAANC Users End User License Agreement

Your access to enhance mission data and Low Altitude Authorization and Notification Capability (LAANC) powered by AirHub is subject to the following End User License Agreement (EULA) terms:

1. The fact that the Service may report that there is no flight restriction in effect does not guarantee that it is safe, legal, or otherwise advisable to operate a UAS and you are responsible for exercising reasonable judgment when evaluating whether or not it is safe, legal or otherwise advisable to fly a UAS at a given time or place;
2. The Content and Service may include information from aviation authorities, municipalities, or other publicly available sources, and any manned airspace information contained therein is typically updated at industry-standard twenty-eight (28) day intervals;
3. The Service does not provide or constitute any consent or approval which may be required from any authority or any property owner to fly a UAS at a given time or place;
4. Your use of the Service and any UAS is at your sole risk and you acknowledge that the data provided via the Service may not be accurate; and
5. You may not use the Service to provide any third party with any feedback or additional data regarding any airspace data made available via the Service.
6. Airspace Link is a third-party beneficiary of these EULA terms and reserves the right at any time to require AlarisPro to enforce these EULA terms if you fail to comply with any of these EULA terms. If AlarisPro becomes aware of, or Airspace Link notifies AlarisPro regarding, any failure to comply with the terms set forth in this section, AlarisPro will promptly respond to and investigate each such notice and will take all necessary measures to promptly remedy such noncompliance within no more than five (5) business days. AlarisPro will promptly notify Airspace Link upon becoming aware of any use of the Service in a manner that is not in compliance with the terms described in this section.
7. To query the Service, you may need to provide accurate personal data, including location data, and such other data only as required in connection with the Service. Airspace Link may use and disclose such data to provide and improve the Content and Service and for any other purpose; and AlarisPro, on behalf of you and itself, has granted to Airspace Link a worldwide, non-exclusive, fully paid-up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to commercialize, practice and use such data for any purpose. AlarisPro shall not provide Airspace Link with any personal data beyond what is required by the Service. AlarisPro represents and warrants that the data you provide will be collected, transmitted, maintained, processed, and used in compliance with all laws and policies, including the applicable iOS and Android terms of service and privacy policies. The collection, transmission, maintenance, processing, or other use of your location data is subject to AlarisPro’s Privacy Policy.

Termination

AlarisPro may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at its sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless AlarisPro and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) resulting from or arising out of: a) your use of and access to the Service, by you or any person using your account and password; b) a breach of these Terms; or c) Content posted on the Service.

Limitation Of Liability

In no event shall AlarisPro, or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Service; (ii) any conduct or Content of any third party using the Service; (iii) any Content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not AlarisPro has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

AlarisPro its subsidiaries, affiliates, and its licensors do not warrant that: a) the Service will be uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Maryland, United States, without regard to its conflicts of laws provisions.

Any failure by AlarisPro to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and AlarisPro regarding the Service and supersede and replace any prior agreements AlarisPro might have had with you regarding the Service.

Changes

AlarisPro reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, AlarisPro will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at AlarisPro’s sole discretion.

By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please email info@alarispro.com.