Terms Of Service

Thanks for using Airdata. These Airdata UAV, Inc. Terms of Service ("Terms") are a binding contract between you and Airdata UAV, Inc. ("Airdata," "we," or "us") governing your use of the AirData websites found at www.airdata.com, www.healthydrones.com, and www.oktofly.com (collectively, the "Website") and AirData's mobile applications and APIs that reference or incorporate these Terms (the "Apps") (the Website and the Apps are, collectively, the "Service").

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING AIRDATA'S PRIVACY POLICY (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND AIRDATA'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY AIRDATA AND BY YOU TO BE BOUND BY THESE TERMS.

Please note that the statements set forth under the headings "More simply put" are provided as a courtesy solely for your convenience and are not legally binding or otherwise intended to modify these Terms in any way.

‍

ARBITRATION NOTICE. Except for certain kinds of disputes described in the "Dispute Resolution and Arbitration" section below, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND AIRDATA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. AirData Services

AirData Service Overview. The Service is a cloud-based software platform that allows pilots and operators of unmanned aerial vehicles (also known as "UAVs" or "drones") to upload flight logs and other data pertaining to the flight and operation of their drones, including, without limitation, location data, video, and imagery ("Data"), for analysis of their flights, drones, and other related equipment. Additional features of the Service may include providing maintenance recommendations to users for their drones based on drone usage and information from the applicable drone equipment manufacturers ("Maintenance Recommendations"), providing users the ability to generate reports based on the data and analysis provided by the Service, providing users with flight restriction and other airspace data, allowing users to request authorization to fly in a controlled airspace by using the Federal Aviation Administration's Low Altitude Authorization and Notification Capability process (the "LAANC Service"), and providing users the ability to share their drone flight information with others by using the website's sharing feature ("Share Feature"). AirData is not obligated to provide support for your use of the Service.

AirData API. Your subscription may include access to, and use of, the AirData API as part of the Service. The AirData API permits automated access to your Data, all as documented by AirData.

LAANC Service. The LAANC Service allows users to apply for LAANC airspace authorizations from the FAA (each a "LAANC Authorization Request") by integrating with certain third-party companies authorized by the FAA to access the FAA's data exchange and assist the FAA in processing these LAANC Authorization Requests (each a "UAS Service Supplier"). If you decide to use the LAANC Service, you understand and agree that it is your responsibility to review and comply with the requirements of the FAA's LAANC approval process. You are solely responsible for ensuring the accuracy and completeness of any information you submit to the LAANC Service. The FAA and any UAS Service Suppliers are responsible for processing your LAANC Authorization Request and determining whether to approve or deny it. You may be required to establish an account, and agree to terms, with the FAA and UAS Service Suppliers as Third Party Services (defined below). AirData has no control over, and does not guarantee, that any LAANC Authorization Request submitted to the LAANC Service will be approved. You are responsible for ensuring that you have the appropriate authorization before flying, and AirData is not liable for: (a) any errors, inaccuracies, or omissions in your LAANC Authorization Request; (b) the processing or transmission of your LAANC Authorization Request by the FAA or any UAS Service Supplier; or (c) any delays in the approval of your LAANC Authorization Request or the denial of your LAANC Authorization Request. Please review our Privacy Policy for more information on what data we share with UAS Service Suppliers and the FAA.

2. Eligibility

You must be at least 13 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 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 an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration

To access most features of the Service, you must register for an account. When you register for an account, you will be required to provide us with some information about yourself, such as your name and email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@airdata.com.

4. Fees; Payment Terms; Refunds

Fees and Payments. You must pay fees to use certain portions of the Service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars. AirData will charge the payment method you specify at the time of purchase. You authorize AirData to charge all sums as described in these Terms, for the Service you select, to that payment method. If you pay any fees with a credit card, AirData may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

Refunds. If you purchase a subscription to the Service and you are not satisfied with your purchase, you may request a refund within the first 30 days of the purchase date by sending an email to billing@airdata.com, including the order number. Upon receipt of such a request, your access to the Service will be terminated without further notice.

Changes to Fees. If AirData changes the fees for the portion of the Service that you are using, including by adding additional fees or charges, AirData will provide you advance notice of those changes. If you do not accept the changes by the effective date of those changes as stated in the notice (which may be the date your subscription is due to renew), AirData may discontinue providing the Service to you.

Recurring Payments and Cancellation. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges ("Subscription Service"). The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the "Initial Subscription Period"), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a "Subscription Period") unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize AirData or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the "Subscription Fee," please see our "Pricing" page at www.airdata.com/pricing. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. AirData or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us.

You may cancel the Subscription Service by clicking CANCEL on the "My Account" page in the "Billing" tab, or by sending us email to billing@airdata.com. Your cancellation must be received at least 10 days before the Subscription Billing Date in order to avoid a charge for the next Subscription Period. If you elect to cancel your paid subscription before the end of the Subscription Period, your subscription will remain active through the end of the billing period, but will not renew. If you use the Service to update or cancel any existing authorized one-time or recurring payment, it may take up to 10 business days for the update or cancellation to take effect.

5. Termination of Use; Discontinuation and Modification of the Service

You may terminate your account at any time by clicking CANCEL on the "My Account" page in the "Billing" tab, or contacting customer service at support@airdata.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, AirData may, in its sole discretion, terminate your user account on the Service and these Terms, 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 at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your use of the Service.

6. License to Use the Service

License Grant to You. Subject to your complete and ongoing compliance with the terms and conditions of these Terms, AirData hereby grants you a personal, limited, revocable, non-transferable, non-sublicensable license to: (a) use the Apps on compatible, authorized devices that you own or control; and (b) access and use the Website; in each case, solely for your own use or for the entity on whose behalf you are authorized to act.

Applicability to Updates. These Terms will govern any updates provided to you by AirData that replace or supplement the App, unless the upgrade is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern.

7. Prohibited Conduct

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;
• post, upload, or distribute any Data or other content that is unlawful, harmful, inappropriate, or offensive;
• interfere with security-related features of the Service;
• reverse engineer or otherwise attempt to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
• cause AirData to violate any law or regulation;
• use the Service to develop, support, market, or provide a product or service that competes with, or could be a substitute for, the Service;
• use the Service, outputs, or underlying models to train, fine-tune, validate, benchmark, or otherwise develop any machine learning model or artificial intelligence system that competes with the Service;
• 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 network, equipment, or server;
• perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other account on the Service without permission, or falsifying your age or date of birth;
• attempt to defeat any security mechanism or encryption used with the Service;
• decompile, deconstruct, or attempt to derive the source code of any of the Apps;
• sell, resell, or otherwise transfer the access to the Service granted under these Terms;
• use any portion of the Service other than as expressly authorized in these Terms; or
• attempt to do any of the acts described in this Section 7, or assist or permit any person in engaging in any of the acts described in this Section 7.

Nothing in these Terms restricts you from independently developing, acquiring, licensing, marketing, or providing products or services that compete with the Service, provided that you do not do so through the use of our intellectual property, Confidential Information (defined below), or other rights granted under these Terms.

8. Data

Limited License Grant to AirData. You retain copyright and any other proprietary rights that you hold in the Data that you upload to the Service. By uploading Data to the Service, you grant AirData a non-exclusive, worldwide, royalty-free, fully-paid right and license to:

• use the Data in order to provide the Service to you;
• process your Data and, in connection with the Service, transmit your Data to the FAA and UAS Service Suppliers pursuant to federal regulations, rules, and laws; and
• use and disclose aggregate and non-personally identifiable Data for our business purposes (please see our Privacy Policy).

For clarity, the rights granted by you in this paragraph include the rights to reproduce, host, store, transfer, display, perform, and modify your Data.

Data Representations and Warranties. You are solely responsible for your Data, including the consequences of sharing Data via your use of the Share Feature. By uploading Data to the Service, you represent and warrant that you are the creator and owner of your Data, or have the necessary licenses, rights, consents, and permissions to authorize AirData and users of the Service to use and make available your Data as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by AirData, the Service, and these Terms.

9. Confidentiality

Confidential Information. "Confidential Information" means any information relating to or disclosed in the course of your use of the Service and these Terms, which is or should reasonably be understood to be confidential or proprietary to the disclosing party. Any non-public information relating to the Service is AirData Confidential Information. Confidential Information does not include information that (a) is or becomes generally publicly known through no fault of the receiving party, (b) was already in possession of the receiving party, or (c) was independently developed by the receiving party without violation of this Section 9.

Obligations – Confidential Information. The receiving party will use the same care to protect Confidential Information as it uses for its own similar information, but in no event less than reasonable care, and will use Confidential Information only for the purpose of fulfilling its obligations and exercising its rights under these Terms. The receiving party will promptly return or destroy the other party's Confidential Information upon request of the other party. If required to do so by law, the receiving party may disclose Confidential Information, provided the receiving party has given the disclosing party prior notice, if it may lawfully do so, and complies with any protective order imposed on such disclosure.

10. User Content

User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit ("Post") content to or through the Service, including messages, user forum responses and questions, comments, articles, reviews, photos, videos, images, flight maps, data, text, and any other works of authorship or other works ("User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.

User Content Limited License. By Posting User Content to or via the Service you grant AirData a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from AirData's exercise of the license set forth in this Section.

User Content Representations and Warranties. AirData disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:

• you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize AirData and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by AirData, the Service, and these Terms;
• your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (a) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) cause AirData to violate any law or regulation; and
• your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. We do not review User Content, including flight maps and submissions on the user forum, for accuracy or completeness. You understand and agree that AirData will not be liable for any errors, omissions, or inaccuracies contained in user submitted flight maps or submissions on the user forum. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against AirData with respect to User Content. AirData may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, violates the rights of third parties, or is otherwise objectionable. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, AirData does not permit infringing activities on the Service.

Monitoring Content. AirData does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that AirData reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time AirData chooses to monitor the content, then AirData still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. AirData may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.

11. Digital Millennium Copyright Act

DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended, "DMCA"). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

Airdata UAV, Inc.ATTN: Legal Department (Copyright Notification)4370 Town Center Blvd., STE 300, El Dorado Hills, California 95762Email: copyright@airdata.com

Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written "Notification of Claimed Infringement" to the Designated Agent identified above containing the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• a description of the copyrighted work or other intellectual property right that you claim has been infringed;
• a description of the material that you claim is infringing and where it is located on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
• a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner's behalf.

Your Notification of Claimed Infringement may be shared by AirData with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to AirData making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

Repeat Infringers. AirData's policy is to: (a) remove or disable access to material that AirData believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people's copyright or other intellectual property rights. AirData will promptly terminate without notice the accounts of users that are determined by AirData to be repeat infringers. A "repeat infringer" is a user who has been notified of infringing activity or has had Data removed from the Service at least twice. AirData reserves the right, however, to suspend or terminate accounts of users in our sole discretion.

Counter Notification. If you receive a notification from AirData that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide AirData with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to AirData's Designated Agent through one of the methods identified in the section above titled "DMCA Notification," and include substantially the following information:

• your physical or electronic signature;
• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which AirData may be found, and that you will accept service of process from the person who provided notification under the section titled "DMCA Notification" above or an agent of that person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.

Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to AirData in response to a Notification of Claimed Infringement, then AirData will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that AirData will replace the removed User Content or cease disabling access to it in 10 business days, and AirData will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless AirData's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on AirData's system or network.

False Notification of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that any person who knowingly materially misrepresents, under Section 512 of the Copyright Act, that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages — including costs and attorneys' fees — incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of AirData relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. AirData reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

12. Privacy Policy; Additional Terms

Privacy Policy. Your use of the Service is subject to the Privacy Policy, and the Privacy Policy is incorporated by reference into these Terms. By using the Service, you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.

Consent to Use of Data. You agree that AirData may collect and use technical data and related information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes. Please see the Privacy Policy for more details regarding the information AirData collects, and how it uses and discloses that information.

Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"), such as end-user license agreements for any downloadable software applications, or rules applicable to a particular feature or content on the Service, subject to Section 14. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

13. Third-Party Services and Information

Access to Third Party Services. The Service may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, datasets, applications, or products or services (collectively, "Third Party Services").

No Control Over Third Party Services. AirData does not have or maintain any control over Third Party Services, and is not and cannot be responsible for their content, operation, or use. Certain datasets provided as part of the Third Party Services may be provided in a simplified or summary manner for convenience. By linking or otherwise displaying information from or providing access to any Third Party Services, AirData does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, completeness, quality, or authenticity of content, information, or services provided by those Third Party Services.

Terms of Third Party Services. Third Party Services may have their own terms of use and privacy policy, and may have different practices and requirements to those operated by AirData with respect to the Service. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these Third Party Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any Third Party Services.

Disclaimer of Liability for Third Party Services. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any Third Party Services. AirData disclaims any and all responsibility or liability for any harm resulting from your use of Third Party Services, and you hereby irrevocably waive any claim against AirData with respect to the content or operation of any Third Party Services.

14. Third Party Software

The software you download consists of a package of components, including certain third party software ("Third Party Software") provided under separate license terms (the "Third Party Terms"). Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of these Terms is permitted; however, you may have broader rights under the applicable Third Party Terms, and nothing in these Terms is intended to impose further restrictions on your use of the Third Party Software.

15. Modification of these Terms

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will notify you of such changes, and your continued use of the Service after notice of such changes is your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

16. Ownership; Proprietary Rights

AirData or its third-party licensors own the elements of the Service, including all visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and trademarks. You may not make use of any portion of the Service except as expressly authorized in these Terms. AirData reserves all rights to the Service not expressly granted in these Terms.

17. Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service, then you hereby grant AirData an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the feedback in any manner and for any purpose, including to improve the Service and create other products and services.

18. Indemnity

You are responsible for your use of the Service, and you will defend and indemnify AirData and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "AirData Entities") from and against every claim brought by a third party, and any related 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 misuse 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.

19. Disclaimers; No Warranties

YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. THE AIRDATA ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MAINTENANCE RECOMMENDATIONS OR OTHER INFORMATION 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 AIRDATA ENTITIES DO NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE, SECURE, FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR AIRDATA ENTITIES, WILL CREATE ANY WARRANTY REGARDING ANY OF THE AIRDATA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SERVICE, INCLUDING: (I) ANY MAINTENANCE RECOMMENDATION OR FAILURE TO USE ANY MAINTENANCE RECOMMENDATION; (II) THE APPROVAL OR DENIAL OF YOUR LAANC AUTHORIZATION REQUEST; OR (III) ANY ERRORS, OMISSIONS, OR INACCURACIES IN YOUR LAANC AUTHORIZATION REQUEST. YOU UNDERSTAND AND AGREE THAT YOU USE ALL PORTIONS OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DRONE, COMPUTER SYSTEM, OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY PORTION OF THE SERVICE. HOWEVER, AIRDATA DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT AIRDATA IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AIRDATA ENTITIES 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, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY AIRDATA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN THE PARAGRAPHS TITLED "COMMENCING ARBITRATION" AND "ARBITRATION PROCEEDINGS" IN SECTION 21, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE AIRDATA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO AIRDATA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 20 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

21. Governing Law

These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and AirData submit to the personal and exclusive jurisdiction of the state courts located within El Dorado County, California and the federal courts located within the Eastern District of California for resolution of any lawsuit or court proceeding permitted under these Terms.

22. Dispute Resolution and Arbitration

Generally. Except as described in the sections titled "Exceptions" and "Opt-Out" below, you and AirData agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AIRDATA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.

Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 22 within 30 days after the date that you agree to these Terms by sending a letter to Airdata UAV, Inc., Attention: Legal Department – Arbitration Opt-Out, 4370 Town Center Blvd., STE 300, El Dorado Hills, CA 95762, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once AirData receives your Opt-Out Notice, this Section 22 will be void and any action arising out of these Terms will be resolved as set forth in Section 21. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by a single arbitrator appointed by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules"), as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting AirData.

Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). AirData's address for Notice of Arbitration is: AirData UAV, Inc., 4370 Town Center Blvd., STE 300, El Dorado Hills, CA 95762. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or AirData may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, AirData will reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules, and the other party may seek reimbursement for any fees paid to AAA.

Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise, or at a location to be agreed upon in El Dorado County, California, but if the claim is for US $10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or AirData must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

Arbitration Relief. Except as provided in the section titled "No Class Actions" below, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by AirData before an arbitrator was selected, AirData will pay you the higher of: (a) the amount awarded by the arbitrator; and (b) US $5,000. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law, or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

No Class Actions. YOU AND AIRDATA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AirData agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision. If AirData makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to AirData's address for Notice of Arbitration, in which case your account with AirData will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

Enforceability. If the section above titled "No Class Actions," or the entirety of this Section 22, is found to be unenforceable, then the entirety of this Section 22 will be null and void, and, in that case, the exclusive jurisdiction and venue described in Section 21 will govern any action arising out of or related to these Terms.

23. Communications

Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Text Messaging. In order to access some features of the Service, such as the LAANC Service, you will be required to provide your cell phone information. By doing so, you agree that AirData may send text (SMS) messages to the phone number you provide us solely for the purpose of operating the Service. We will not send you marketing calls or messages.

Email. We may send you emails concerning our products and services. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

Push Notifications. When you install our App on your mobile device, you agree to receive push notifications, which are messages an App sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device's "settings" page.

24. Notice Regarding Apple

If you are using our mobile applications on an iOS device, the terms of this Section 24 apply. You acknowledge that these Terms are between you and AirData only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Service or your possession and use of the mobile application infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple's subsidiaries are third party beneficiaries of this Section 24, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 24 against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

25. Notice to California Residents

If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

26. General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and AirData regarding your use of the Service. Any conflicting or additional terms or conditions stated in a purchase order or in any other order documentation you may issue or provide are void and of no effect. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

If you have a negotiated, executed agreement with AirData governing your use of the Service (an "Enterprise Agreement," however entitled), the terms of that Enterprise Agreement will control to the extent that there is a conflict between these Terms and the provisions of the Enterprise Agreement.

27. Contact Information

The Service is offered by Airdata UAV, Inc., located at 4370 Town Center Blvd., STE 300, El Dorado Hills, CA 95762. You may contact us by sending correspondence to that address or by emailing us at info@airdata.com.