The Propeller Service
Propeller Aerobotics Pty Ltd (“Propeller”) is providing a software as a service offering comprising:
- (a) a platform with a collection of applications and tools (the availability of which is based on the plan and any add-ons that you select, for more information go to http://propeller.kagan2nn.beget.tech/) for processing, sharing and analysing drone data; and
- (b) other supporting products and services (together, the “Service”). The following terms and conditions (“Terms”) are between you and Propeller and constitute a binding legal agreement that governs your use of the Service (“Agreement”). By using the Service or this website you are agreeing to accept and comply with the Terms, which Propeller may update at any time without notice. You should visit this page periodically to review the then-current Terms. You understand and agree that your continued use of the Service after the Terms have changed constitutes your acceptance of the Terms as revised.
To use and/or register for the Service you must be (i) of legal age to form a binding contract with Propeller, and (ii) must not be a person barred from receiving the Service under the laws of Australia or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these Terms you represent that you understand and agree to the foregoing.
Access to the Service
Propeller will provide you access to the Service:
- (a) if you register for a free trial use of the Service, on a trial basis at no cost until the earlier of (a) the end of the trail period when you register to use the Service, or (b) if you subscribe to the service, the start date of that subscription (“Trial Period”); or
- (b) if you subscribe to the Service, during the Original Contract Term and any Renewal Contract Term(s), as defined in Section 3, below (“Contact Term”).
During the Trial Period Propeller reserves the right to limit, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. You acknowledge and agree that Propeller shall not be liable to you or any third party for any modification or cessation of the Service and that Propeller has no obligation (express or implied) to provide, or continue to provide, the Service, or any part thereof, now or in the future. If you registered for a free trial use of the Service you must subscribe to the Service before the end of the Trial Period in order to retain your data on the Service. All of your data may without notice be permanently deleted at the end of the Trial Period.
Limitations on Use
Propeller may impose certain limitations on the use of the Service, including, without limitation, allocating certain levels of bandwidth and storage capacity to your Propeller Service and restricting the number of email communications you may send using the Service, as set out in Propeller’s pricing and subscription terms, available http://propeller.kagan2nn.beget.tech/. You agree to use the Service only for purposes as permitted by these Terms and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.
Changing the Service
From time to time Propeller modifies the Service, including by adding or removing features and functions to enhance your experience. Nothing in this Agreement prohibits Propeller from making such changes, provided that no such change to the Service materially reduces the functionality of the Service provided to Customer during the Contract Term.
You can subscribe to additional elements of the Service, as agreed to between the parties. Such additional elements of the Service will be added on to the Service provided and fees due under this Agreement, commencing on the date the parties agree to their addition.
As part of using the Service, Propeller will provide you with the opportunity to submit comments, information, feedback and ideas regarding our company, products or services, and any such comments etc that you communicate to us (“Feedback”) will be deemed, at the time of communication to Propeller, the property of Propeller, and Propeller shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you.
Contract Term for Subscribers
If you purchase the Service, your “Original Contact Term” will begin on the date that nominated in the order for the Service.
If no such date is specified, it will commence on the first day, following your agreement to purchase, that you begin using the Service – either by accessing existing data or uploading data to the Service.
Your Original Contract Term expires at the end of the period selected in the purchase process, unless terminated earlier in accordance with this Agreement.
Unless either party provides notice that it does not intend to renew this Agreement before the end of the Contract Term, this Agreement will be automatically renewed for a “Renewable Contact Term”:
- (a) on the terms and conditions of this Agreement then in effect;
- (b) subject to the pricing structure and usage levels specified for renewal terms in this Agreement or, if not specified, as then posted at http://propeller.kagan2nn.beget.tech/; and
- (c) for a term equal to the lesser of the Original Contract Term or one year. Except as provided in this Agreement, a Contract Term cannot be cancelled prior to its expiration. Fees for each Contract Term are non-cancellable, and fees paid in advance will not be refunded.
General price increases will not affect you during the Original Contract Term. Propeller will charge or invoice you under the new price structure at the beginning of each Renewable Contract Term.
Payment against invoice
Propeller (or its reseller agent) will invoice you at the beginning of the Initial Contract Term and at the beginning of each subsequent Renewable Contact Term. All quoted fees in the Quote Form are payable in advance and are exclusive of taxes, which Propeller (or its reseller agent) will charge or invoice as applicable, and you agree to pay any such taxes applicable to your use of the Service. All amounts invoiced are due and payable within 30 days of the date of the invoice. Payment instructions shall be as set out on the applicable invoice.
You agree that Propeller may identify your company name and/or logo as an Propeller customer on client lists, marketing materials and/or press releases. If you wish to be excluded from this program, do so by emailing: “email@example.com”.
“Content” means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Propeller, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable. Propeller does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own legal risk.
You agree that you will NOT use the Service to:
1. Sell or promote any goods or services which are dangerous, harmful, illegally obtained or unlawful in any way, which create risk of loss or damage to person or property;
2. upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
3. stalk, harass, threaten or harm another;
4. pretend to be anyone, or any entity, you are not or otherwise misrepresent your affiliation with a person or entity;
5. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of any confidentiality obligation;
6. post, send, transmit or otherwise make available any unsolicited or unauthorized email or SMS messages, advertising, promotional materials, junk mail or SMS, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements. To be specific, you will not send any unsolicited email or SMS messages using the Service, and will only contact email addresses and phone numbers with the prior consent of recipient/s. You are solely responsible for your communications and their legality under all laws and regulations;
7. take any action designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing”);
8. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
9. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
10. plan or engage in any illegal activity; and/or
11. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
Except as expressly permitted herein, you agree that no materials published, used or offered by Propeller as part of the Service or on this website, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Propeller. The use of any such materials on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.
Removal of Content
You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this website to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights. Although not obligated to do so, Propeller will have the right to review your communications on this website or through the Service to determine whether you comply with the Terms, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these Terms or is otherwise objectionable.
Backup Your Content
You are responsible for backing up, to your own computer or other device, any Content that you store or access via the Service. Propeller does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
Access to Your Account and Content
You acknowledge and agree that Propeller may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to:
- (a) comply with legal process or request;
- (b) enforce these Terms, including investigation of any potential violation thereof;
- (c) detect, prevent or otherwise address security, fraud or technical issues; or
- (d) protect the rights, property or safety of Propeller, its users or third parties as required or permitted by law.
If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact Propeller. Propeller may, in its sole discretion, suspend and/or terminate accounts of users that are found to be infringing.
Violations of Terms
If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of these Terms, you may report it to Propeller.
License from You
Except for material we may license to you, Propeller does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting or posting Content on the Service, you grant Propeller a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt or translate such Content on the Service for the purposes for which such Content was submitted or made available and you consent to the use of the Content by Propeller and its related entities for any such use which would, but for your consent, infringe your moral rights. You also grant Propeller a license to use, reproduce and modify (but not disclose) such Content for technical support, internal technical research and further product development. By submitting or posting such Content to the Service, you are representing that you are the owner of such material and/or have authorization to submit it.
Changes to Content
You understand that in order to provide the Service and make your Content available thereon, Propeller may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits Propeller to take any such actions.
Propeller, the Propeller logo, PropellerAero.com and other Propeller trademarks, service marks, graphics, logos used in connection with the Service are trademarks or registered trademarks of Propeller Aerobotics Pty Ltd in Australia, the USA and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
Propeller’s Proprietary Rights4>
You acknowledge and agree that Propeller and/or its licensors own all legal right, title and interest in and to the Service, and any software (including any Content provided therein) provided by Propeller or made accessible to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
License From Propeller
Propeller grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided or made accessible to you by Propeller as a part of the Service and in accordance with these Terms; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software or any aspect of the Service.
As part of the Service, you may from time to time receive updates to the Software from Propeller which may be automatically downloaded and installed to your device or hosted by Propeller. These updates may include bug fixes, theme upgrades, feature enhancements or improvements, or entirely new versions of the Software. You agree that Propeller may automatically deliver such updates to you or include such updates as part of the Service and you shall receive and install or, as the case may be, utilize, them as required.
You acknowledge and agree that Propeller shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of the Software updates described above.
Copyright and Digital Imagery
Termination by You
You may terminate your account and/or stop using the Service at any time.
Termination by Propeller
Propeller may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Circumstances under which Propeller may effect such termination shall include, but not be limited to:
- (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the Service;
- (b) a request by you to cancel or terminate your account;
- (c) discontinuance or material modification to the Service or any part thereof;
- (d) a request and/or order from law enforcement, a judicial body, or other government agency;
- (e) where provision of the Service to you is or may become unlawful;
- (f) your participation in fraudulent or illegal activities.
Any such termination or suspension shall be made by Propeller in its sole discretion, and Propeller will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service, including without limitation loss of business contacts, sensitive business information or other data. Propeller may, at its sole discretion, terminate your use of the Service or access to this website at any time without notice.
Effects of Termination
Upon termination of your account you lose all access to the Service and any portions thereof, including, but not limited to, your Propeller account and any content, contacts, data or documents generated, published or stored by the Service.
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other websites, resources or Content. Because Propeller may have no control over such third party sites and/or materials, you acknowledge and agree that Propeller is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Propeller shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
Some jurisdictions do not allow the exclusion of certain warranties, so to the extent such exclusions are specifically prohibited by applicable or mandatory law, some of the exclusions set forth below may not apply to you.
You expressly understand and agree that your use of the service is at your sole legal risk and the service is provided on an “as is” and “as available” basis. Propeller and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors, to the fullest extent permitted by applicable or mandatory law, expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In particular, propeller and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors make no warranty that (I) the service will meet your requirements; (ii) your use of the service will be timely, uninterrupted, secure or error-free; (iii) any information obtained by you as a result of the service will be accurate or reliable; and (iv) any defects or errors in the software provided to you as part of the service or the service itself will be corrected.
Any material or content transmitted, stored, accessed or otherwise maintained through the use of the service is done so at your own discretion and risk, and you will be solely responsible for any damage to your device or loss or corruption of data that results from any such use of the service. You further acknowledge that the service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the service could lead to death, personal injury, or severe physical or environmental damage. No advice or information, whether oral or written, obtained by you from propeller or through or from the service shall create any warranty not expressly stated in these terms.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so to the extent such exclusions or limitations are specifically prohibited by applicable or mandatory law, some of the exclusions or limitations set forth below may not apply to you.
You expressly understand and agree that propeller and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, loss of business opportunities, goodwill, use, data (including business contacts), cost of procurement of substitute goods or services, or other intangible losses (even if propeller has been advised of the possibility of such damages), resulting from: (I) the use or inability to use the service; (ii) any changes made to the service or any temporary or permanent cessation of the service or any part thereof; (iii) the unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store and/or send or receive your transmissions or data on or through the service; (v) statements or conduct of any third party on the service; and (vi) any other matter relating to the service.
You agree to defend, indemnify and hold Propeller, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable lawyer’s fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these Terms; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Service.
Propeller may provide you with notices regarding the Service, including changes to these Terms, by email, SMS, regular mail, or by postings on its website and/or the Service.
Any litigation or other dispute resolution between you and Propeller arising out of or relating to these Terms or your use of the Service will take place in New South Wales, Australia, and you and Propeller hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts with respect to any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Australia and the State of New South Wales. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
These Terms, along with any exhibit or appendix, including any Quote Form, constitutes the entire agreement between you and Propeller and govern your use of the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software or services. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Propeller to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this Agreement. Any translation of these Terms is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern. You agree that any claim or cause of action you make arising out of or related to these Terms or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.