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Terms and Conditions

Updated 9th September 2019

Altitude Angel is a global provider of navigation and communications services for drones and people who manage airspace. In addition to our first-party services, such as www.altitudeangel.com, www.dronesafetymap.com and our Guardian iOS and Android mobile applications, we also provide components of our services to 3rd parties such as drone manufacturers, software developers and air navigation service providers, to help them do more with, or manage drones.

Definitions

In this document, when we say we, ours or us we mean Altitude Angel Limited, registered in England & Wales under company number 9350032 and whose registered office is at 2 Blagrave Street, c/o Central Working, Reading, Berkshire, RG1 1AZ in the United Kingdom, and/or our employees, shareholders, affiliates and partners as required by the context. We shall reserve the right to transfer our responsibilities and obligations under these terms and conditions to any other entity without prior written notice to you.

When we say you, your or yours we are referring to you, the person who is using or accessing our services, either directly or indirectly.

In general, words in the singular include the plural and in the plural, in the singular.


Agreement

These terms of service govern your use of our services and data and, by using our service(s), you agree to be bound by them. If you do not agree to them, you'll be able to browse our homepage, at www.altitudeangel.com, but you won't be permitted to use any of our other services.

Privacy: if you're looking for our privacy policy, it's here.

Like all legal agreements, there are quite a few sections here. We've done our best to keep things neat and tidy to help you find what you're looking for. We’ve included sections purely to assist in making our terms and conditions as straightforward as possible to read; they don’t have any particular legal meaning.

Contents

1.      Intellectual property

2.      Acceptable use

3.      Altitude Angel ID (user accounts)

4.      How we handle, store and utilise data you submit to us

5.      Disclaimers

6.      Limitations of liability

7.      Law and jurisdiction

Intellectual property

1.      Unless we tell you otherwise, all intellectual property rights (for example, patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use and protect the confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world) are our property.

2.      If you upload data to our services, you confirm that you either own the data and the appropriate rights to use it, or if those rights belong to someone else, that you have secured all necessary permissions from them to use it and upload it.

     i.            Data that you share with us shall normally remain your property, unless we tell you otherwise at the time of submission.

   ii.            If you share location data with us (for example, but not limited to, sharing a Flight Report or a drone flight plan), we shall anonymise it and may use it in any of our other products and services. This shall include but shall not be limited to publishing the flight location on dronesafetymap.com, and making the flight data available in our commercial data feeds. We never share your contact information or personally-identifiable information without your consent, but for the avoidance of doubt, we do share location information of your flight.

  iii.            We won't anonymise data if you've asked us to share it with an authorised 3rd-party for the purposes of requesting a permission to fly within or transit airspace, because the approver will need to know the location information in order to make a decision. We will clearly indicate to you what data we will send, and you will be required to give positive consent that you wish us to send the data to the 3rd party on your behalf.

 iv.            If you do upload or share data with us that infringes the intellectual property rights of somebody else, you agree to inform us immediately as soon as you become aware of such infringement, or a breach of these conditions. You agree to fully compensate us on demand for any and all such losses, whether in the form of direct or for our loss of time or for other things that are readily identifiable. Where we suffer other losses that are hard to quantify, we shall reserve the right to pursue you for recovery of these. Our right to take action to recover such losses or to insist on this indemnity will survive the termination of your account(s) with us, which would otherwise terminate our contract with you.

Acceptable use

1.      General

     i.            In general, your use of any Altitude Angel service shall be governed by these terms and conditions, plus any service-specific terms which shall be notified to you on your first invocation/use of the service, or at the time of registration for the service.

2.      Guardian for iOS and Android

     i.            You may freely access our apps through the official Google Play or App Store provided that you agree with any supplemental terms and conditions and/or privacy policies as displayed.

   ii.            We reserve the right to update, amend, alter, remove or withdraw the app and/or any services or features within the app at any time, for any reason, and without any prior notice.

  iii.            We reserve the right to introduce new features, retire features, and/or make any material or minor alterations to the app and any associated services at any time and without any prior notice.

3.      Developer APIs

     i.            Our developer platform offers certain services and features to developers using application programming interfaces, or APIs.

   ii.            Use of our APIs are subject to separate commercial terms and policies, and may be subject to a subscription.

  iii.            To learn more, visit https://developers.altitudeangel.com.

4.      Dronesafetymap.com

     i.            Drone Safety Map represents our work to provide the most accurate, up-to-date and reliable situation awareness information for drone operations around the world.

   ii.            We endeavour only to use official, authoritative sources of data within the service.

  iii.            Use of the service is only permitted for your own, personal or commercial use.

 iv.            Use of the data on dronesafetymap.com via any other system or mechanism, including but not limited to ‘scraping’ the data to make it available in another service or application, is expressly prohibited.

   v.            You may not rely on the service as the sole source of safety information, but you may combine it with other normally acceptable due-diligence practices required to satisfy any local, state, national and/or federal rules governing the flight of your drone.

 vi.            You may not use the service for automated flights, without a human in the loop.

vii.            You are only permitted to use the service for consumption via the graphical user interface. All other use is expressly prohibited.

viii.            You may not download, copy or redistribute any of the data from www.dronesafetymap.com, except by way of using the normal sharing tools and features built into the service.

 ix.            You use the service "as is" without warranties of any kind, either express or implied.

   x.            You, at all times, are solely responsible for the safe and legal use of your drone.

 xi.            You may not construe any of the advice, data or visual indicators as confirmation of the legitimacy of conducting (or not conducting) a drone flight in any location shown.

xii.            Errors and omissions are excepted.

5.      Embedded map components

     i.            We permit authorised 3rd-parties to embed our map components in their own websites.

   ii.            We are not liable for any 3rd-party modifications and/or use of the embedded map components, and each 3rd party is required to follow the service terms and conditions.

  iii.            Use by a 3rd party of our embedded map components does not constitute any affiliation with us.

Altitude Angel ID (user accounts)

Altitude Angel ID is an authentication technology that is based on the OAuth protocol, which offers a simple way to publish and interact with protected data. It's a safer and more secure way 3rd-party applications to request information from another service, such as a user profile or contact data, or to interact with services offered by the host company on behalf of you.

We utilise Altitude Angel ID across our entire estate of services, and permit our developer customers to interact with our Altitude Angel ID service to request access to your user profile, or to enable them to build apps or services which may interact with the same, on your behalf. In addition, our first-party products, such as GuardianUTM O/S, have the capability to request and use information provided by Altitude Angel ID.

1.      Profile data

     i.            Your first name, last name, email address and password are the minimum data required by us in order to create an Altitude Angel ID for you.

   ii.            You may, at your discretion, submit additional data into your profile, and we may - if given permission by you - share this information across our other services, or with 3rd parties.

  iii.            Generally, data you share with us may be used by us for the purposes of delivering our services to you, or to others, without any additional consent being required by you.

 iv.            We comply with the European General Data Protection Regulation and where required, other state privacy laws. For more information on how we process, store and use your personally identifiable information, please visit our privacy policy.

2.      3rd-party access to your Altitude Angel ID

     i.            We enable 3rd-parties to build applications which may request information from your Altitude Angel ID, or interact with our services on your behalf.

   ii.            To do this, the 3rd-party must use our authorisation platform to gain your explicit consent for information to be shared. Such consent can only be granted by you, and at the time of the request, will detail the information being requested, or the services the 3rd-party wishes to be able to access on your behalf.

  iii.            3rd parties may store additional information about you that is not stored by us. When this is the case, the 3rd party must provide you with clear information and guidance in their privacy policy.

 iv.            We require 3rd parties to tell you when they are using information or accessing services on your behalf by displaying this clearly where the data is used.

3.      General terms of use

     i.            You must keep information in your Altitude Angel ID up-to-date, and you must not provide any inaccurate, false or misleading information.

   ii.            You are responsible for using a unique, secure and strong password to secure your Altitude Angel ID. We recommend the use of a Password Manager, such as 1Password or LastPass, for storing your passwords.

  iii.            Information stored in your Altitude Angel ID shall be kept private by us, and we will not yield this data unless and until we receive a valid request by a recognised law enforcement agency.

 iv.            The Altitude Angel ID service may be suspended, updated, withdrawn or otherwise modified at any time and without prior notice.

   v.            We reserve the right to suspend your access temporarily, or permanently block, access to your Altitude Angel ID, without prior notice or warning and for any reason.

 vi.            You may not use offensive, vulgar, racist, sexist or abusive language or content across any of our services, including Altitude Angel ID.

How we handle, store and utilise data you submit to us

In general, information you share with us shall be kept private and confidential, and used only for the purpose of delivering the services you have requested.

Where there are exceptions to the above, we will tell you.

In general we shall reserve the right to share anonymised flight location and/or mission data, if you share it with us, with any 3rd party, including for use within our commercial services. Some services interact with official government and/or licensed air navigation service provider systems in order to facilitate your access to airspace, and in these instances, where you have consented, we shall share full data (including, but not limited to, contact information) data to our other services, or with the 3rd party, to enable provision of the services requested.

1.      Information you transmit to us is encrypted in transit, and we have strict controls over who can access this data within Altitude Angel.

2.      We take commercially reasonable steps to secure your data from malicious use, or unauthorised access.

3.      Services that use your data are subject to their own, separate privacy policies, which are clearly visible at the time of the request.

4.      At any time, you may email [email protected] for questions, concerns or requests concerning your personal data. We reserve the right to undertake necessary checks and authentication of your identity and be reasonably satisfied that you are the data subject, before actioning any enquiries to this email address.

Data Protection

For the purposes of these terms and conditions:

(a)                ‘personal data’, ‘special categories of data/sensitive data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data

Protection of personal data in contracts is generally a confusing topic, covering many clauses. Instead, we have set forth a clear guide for how, where and when we may use personal data. If you require further clarification, at any time, you may email [email protected].

Altitude Angel takes the protection and safeguarding of your personal data extremely seriously.

In principle, and except as set out otherwise in these terms and conditions:

1.                  We will never sell, license or transfer your personal information or any other data held within your Altitude Angel ID without your express consent to any 3rd party. We may utilise anonymised versions of your personal data at any time and for any purpose. This shall include any location data that you have transmitted to us.

2.                  We may transfer your personal data, including data held within your Altitude Angel ID, to any subsidiary or parent company, at any time.

3.                  Your personal data, including data held within your Altitude Angel ID, may be stored on servers and/or transferred between servers (i) within the EEA, (ii) within the USA or (iii) within the United Kingdom.

4.                  Your personal data, including data held within your Altitude Angel ID, may be accessed by only duly authorised personnel at Altitude Angel working at any of our worldwide locations, including the United Kingdom and North America.

5.                  We warrant that, regardless of the location of your personal data, we shall store such data in accordance with industry best-practices and in conformance with rules and regulations relevant to our headquarters location in the United Kingdom.

6.                  At any time, you can request a copy of the personal information we hold about you for a nominal fee of up to £10 GBP. Once we are satisfied that you have verified your identity, we will email a copy of your personal data to you within 14 days.

7.                  You have the right to ask us to delete personal information we hold about you at any time (sometimes referred to as the Right to Erasure). Once we are satisfied that you have verified your identity, we shall erase your personal information from our systems. Personal information that you have authorised us to submit to a 3rd party, or that we have otherwise been permitted to transmit to a 3rd party, shall remain with the 3rd party and shall be stored subject to the 3rd party’s data protection policies. We shall have no obligation to you to contact 3rd parties on your behalf to secure the deletion of your data.

Disclaimers

Broadly stated, Altitude Angel's services are intended to supplement generally required drone operators' due diligence and awareness activities; not to act as a replacement for them, or a drone operator's normal legal obligations. Collectively or individually, our services are designed only to assist with plan-to-avoid scenarios, and not to act as a replacement for this or a drone operator's see-and-avoid responsibilities, except where expressly stated otherwise.

1.      Information about other air traffic (traffic services)

     i.            Where we provide services detailing the position of manned aviation, or other air traffic whether manned or unmanned, there are limitations to these services that mean it is not possible for us to show you everything that may be in a particular location at any time.

   ii.            In general, for manned aviation to be visible to our services, it must be equipped with an ADS-B transponder, within range of an ADS-B receiver and not be on a list of restricted aircraft that we are not permitted to tell you more about.

  iii.            There are circumstances where our services are unable to register aircrafts, even if they are so equipped or normally visible.

 iv.            We use a variety of surveillance technologies, properly authorised by our data suppliers, to bring you tracking and visibility services, and are necessarily dependent on the capabilities and limitations of such systems. Where we use data that provides tracking information, we shall clearly provide you with a description of the performance characteristics and limitations of those systems such that you can make appropriate judgments about the risk of using those services.

   v.            For the avoidance of doubt, we shall never be liable to you for any incident arising out of your use of our traffic services, for errors or omissions in our tracking services, or for data we relay to you from a 3rd-party providing these services, unless expressly otherwise stated.

Availability of services

We work very hard to ensure our services are fast, efficient and reliable, 24 hours per day, 7 days per week, 365 days per year. There are, however, some circumstances which may be beyond our control, that may temporarily interrupt or cause us to suspend our service(s).

1.      Unless otherwise expressly stated, we provide no performance or availability guarantee for any service.

2.      We shall reserve the right to operationally restrict access by network segment, IP address, geolocation or other policy at any time, without prior notice, and for any reason.

3.      We accept no liability for the availability or unavailability of any of our services, howsoever caused.

Limitation of liability

1.      It would be unlawful for us to attempt to exclude or limit our liability for personal injury or death arising from our negligence or for any loss you suffer as a result of our fraud or for any statement we make fraudulently intending you to rely on it entering into this contract with us.

2.      That said, there are certain types of liability that we are permitted by law to limit or exclude and, accordingly, to the fullest extent possible by law, we accept no liability to any person or persons, or any entity, including you, for any direct, indirect or consequential loss, damage or expense (whether foreseeable or otherwise), in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our services, including (but not limited to), our website, mobile apps or developer platform, howsoever that loss, damage or expense may arise.

3.      We are also not liable or responsible for any failure to perform or for the delay in the performance of any of our obligations under these conditions that is caused by events that are beyond our reasonable control. This might include a failure of an internet service provider to deliver notifications or emails to you, poor weather conditions, packet loss, an act of war or any industrial strike, any decision by any governmental body to restrict its air traffic controls or data, or any failure by any third party upon whom we rely for the delivery of our services to you.

4.      We do strive to exercise commercially reasonable care and skill in everything that we do. That includes taking steps to ensure our services are free from computer viruses and malware, but we cannot accept any liability for any loss or damage resulting from a virus or other malware, distributed via our services.

5.      If a court finds that we do owe you any compensation, this will be limited to 100% of any fees that you have paid to us in any calendar year. If you haven't paid us any fees to access the services, our liability to you shall be capped at an aggregate maximum - across all claims - to £1 GBP.

6.      If you terminate your account with us, these provisions still apply.

Law and jurisdiction

These terms and conditions, and the relationship between you and us, whether contractual or otherwise, shall be governed by and construed in accordance with English law.

Any disputes concerning these terms and conditions, our relationship to each other, or any matters arising therefrom or associated therewith shall be subject to the exclusive jurisdiction of the courts of England.

Please note that we shall reserve the right to update these terms and conditions at any time without prior notice to you. We shall display clearly a prompt in each app or service that is bound by these terms and conditions when an update is made. Your continued use of our services after each update shall constitute acceptance of these terms and conditions.

Limitation of liability

Either you, or we, may terminate our relationship together at any time, and without prior notice.

Subscription services for which you have paid a fee are subject to additional restrictions around notice period and the effects of termination, which you will be required to accept prior to commencement of the service.