TERMS AND CONDITIONS

 

Updated: 15 August 2017

 

BACKGROUND:

 

This application is provided by Altitude Angel and operated on behalf of one of Our partners. When You use this application, You are agreeing to these terms and conditions.

 

These terms and conditions (Conditions) apply between You, the User of Altitude Angel’s Products and/or Services, and Altitude Angel Limited (Us), a limited company registered in England & Wales under registration number 09350032, whose registered address and trading address is Altitude Angel, Davidson House, The Forbury, Reading, England, RG1 3EU.

 

When You tick the box confirming Your agreement to these Terms and Conditions, commence Your first use of any of Our Products or Services, or upon the creation of Your User Account with Us, (whichever happens first), these Terms and Conditions shall be binding.

 

If You do not agree to be bound by this Agreement, You will be able to browse through the home page of the Website and the Mobile Application, but You will not be able to do anything else. Any existing use of Our Products or Services must cease immediately.

 

 

1.                Definitions and Interpretation

 

In this Agreement the following terms shall have the following meanings: 

 

Account

means collectively the personal information and security credentials created and used by You through Your Drone (if your drone is connected to Us), our Mobile Application(s) and/or our Website(s) to access our Products and/or Services;

Airspace Alerts

Where available, refers to Our Airspace Alerts Service which enables You to specify the area in which You wish to fly Your drone together with the date and time of Your intended flights so that we may monitor such area at such time for sudden changes to the airspace (e.g. incursion by any manned aviation) for which We reasonably believe may have an impact on the area of Your drone flight;

Airspace Information

means collectively any information which describes one or more volumes of airspace (regardless of base altitude) that We may make available through any Product or Service either now or in the future. Such information may include, but is not limited to: Controlled Airspace, Restricted Airspace, Protected Airspace, Danger Airspace, Airports, Aerodromes, Helipads or their international equivalents;

Intellectual Property Rights

means 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 confidentiality of, 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;

Mobile Application(s)

means any Mobile Application published by Us - whether carrying our brand or one of our licensed third party’s brands, and properly distributed and obtained through the Apple App Store, the Google Play Store, the Windows Store or any other store that We may from time to time choose to distribute to;

Other Hazard Data

means collectively any information which shall describe one or more areas (usually, but not always) located on the ground which may include, but shall not be limited to, Parks and Open Spaces, Public Areas and other Sensitive Areas, and/or Prohibited/Restricted/Danger Areas which carry one or more restrictions of Law;

Personal Information

means the personal information or data that we may collect from you, as described in the Data Protection 1998 and in guidance published by the Information Commissioners Office.

Products

means collectively any products that Altitude Angel makes available to You from time to time through its Website(s), developer Services or Mobile Applications.

Services

means collectively any Altitude Angel Service or data that Altitude Angel makes available to You from time to time through its Website(s), Web Services or other applications (such as the Mobile Application), including but not limited to Airspace Information, Airspace Alerts and Other Hazard Data;

System

refers collectively to any software and/or hardware infrastructure Altitude Angel has direct control over that is responsible in whole or in part for the delivery of any of Our Products or Services;

User / Users

means any party, such as You, that accesses the Altitude Angel Services and is not an employee of Altitude Angel acting in the course of their employment;

User Content

means any content created by Users whether created directly by the User interacting with Us or by the Users drone / associated software so doing;

Website

means any property served from www.altitudeangel.com and any sub-domains of this site unless expressly excluded by their own terms and conditions or any website operated by Altitude Angel carrying the “Powered by Altitude Angel” logo on behalf of a properly authorised third party;

Web Services

means any other web services that We may offer from time to time and from which you may access your Account, the Products and/or the Services;

We/Us/Our

means Altitude Angel, a limited company registered in England & Wales under 09350032, whose registered address is Davidson House, The Forbury, Reading, England, RG1 3EU and whose main trading address is also Davidson House, The Forbury, Reading, England, RG1 3EU.

You

means you, a User, that accesses the Altitude Angel Services.

 

1.1         Words in the singular include the plural and in the plural, include the singular.

 

1.2         Clause headings shall not affect the interpretation of these Conditions.

 

1.3         References to clauses are, unless otherwise provided, references to the clauses of these Conditions.

 

1.4         A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it.

 

1.5         Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies.

 

1.6         A person includes a corporate or unincorporated body (whether or not having separate legal personality).

 

1.7         Writing or written includes e-mail.

 

 

2.         Intellectual Property

 

2.1       Subject to the exceptions in Clause 4 of these Conditions, all Intellectual Property Rights in Content included as part of the Altitude Angel Services including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Altitude Angel or Our affiliates.

 

2.2       You confirm that You either own the content that You upload as User Content (and any Intellectual Property Rights therein) or, if those Intellectual Property Rights belong to someone else, that You have their permission to use and upload it.

 

2.3       You agree that all content that You own and upload or otherwise enter into Our Products as User Content shall be Our property and You hereby assign absolutely with full title guarantee any such Intellectual Property Rights in such User Content to Altitude Angel. This includes, but shall not be limited to, Flight Reports and Your User Profile. You agree to waive your moral rights to be identified as the author of any applicable User Content.

 

2.4       By continuing to use the Altitude Angel Services You acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

 

2.5       Content from the Altitude Angel Services may only be re-used without Our written permission where any of the exceptions detailed in Chapter III of the UK Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 of these Conditions apply.

 

2.6       Where You upload User Content that infringes the Intellectual Property Rights of somebody else, You agree to inform us immediately upon become aware of such infringement or of any other breach of these Conditions and we may (but we are not obliged to) delete that User Content immediately. You will fully compensate Us on demand for any and all such losses, whether in the form of direct expenses or for Our loss of time or for other things that are readily quantifiable. In legalese, You indemnify us and will hold us harmless. Where We suffer other losses that are harder to quantify, We reserve the right to pursue You for the 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 (which would otherwise terminate Our contract with you).

 

3.         Use of Our Products or Services

 

3.1       Your Use of any of our Products or Services shall be governed both by these Conditions, and the relevant Product or Service terms and conditions where such additional terms and conditions exist.

 

3.2       Unless indicated otherwise, and subject to Your compliance with Your obligations as set out in these Conditions, We grant You a non-exclusive, royalty-free, revocable license to use the Product or Service:

 

3.2.1    In accordance with clauses 9 and 11;

 

3.2.2    For personal, commercial and/or educational purposes. 

 

3.3       This licence is personal to You and, unless expressly indicated otherwise by Us, You are prohibited from reselling and/or providing access to any of Our Products or Services (including any part thereof which, for the avoidance of doubt, shall include any Data or Information provided by the same) to any third party.

 

4.         Third Party Intellectual Property

 

4.1       Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to third parties and is licensed to Us for Our access and use.

 

4.2       This Content, unless expressly indicated, is excluded from any permission granted to You under Clause 3 of these Conditions. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

 

5.        Use of Communications Facilities

 

5.1       When using any Our Website, Web Services or Mobile Application, or in relation to Altitude Angel Services or Products, You agree to abide by the following rules:

 

5.1.1    You are solely responsible and liable for all activities carried out through Your Account;

           

5.1.2    You agree not to troll Us or other Users for the distribution of unsolicited and unwanted communications (whether commercial or otherwise), which You might know as spam. If You use Your Account to troll or to distribute spam, We will terminate Your Account immediately;

 

5.1.3    any User Content You upload will not be misleading, offensive, obscene, abusive, libellous, false, deliberately misleading, or otherwise illegal or unlawful. If You do upload such User Content (as determined in Our sole reasonable opinion), We reserve the right to remove it immediately from Our System. If We remove it We may let You know that We have done this but We reserve the right not to, should We consider the content to be an intentional breach of these Conditions;

 

5.1.4    all questions relating to Your Account or use of Our Products or Services shall be submitted to Us in English, and You understand and accept that We may be unable to provide a response if other language(s) are used;

           

5.1.5    the means by which You identify yourself must not violate these Conditions or any applicable laws;

 

5.1.6    You must not engage in any form of commercial advertising except in areas clearly designated for this purpose.  This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental; and

 

5.1.7    You must not impersonate other people, particularly employees and representatives of Altitude Angel or Our affiliates.

 

5.2      You acknowledge that Altitude Angel reserves the right to monitor User Content, and all communications made to Us and Your use of Our System.

 

5.3       You acknowledge that Attitude Angel may retain copies of User Content, any and all communications made to Us and information regarding Your use of Our System.

 

5.4       You acknowledge and expressly authorise Altitude Angel to send You communications through any installed Mobile Applications, e-mail and/or SMS pursuant to the applicable Product or Service terms and conditions, in accordance with our Privacy Policy.

 

 

6.         Accounts

 

6.1       In order to access and to use certain Products or Services (or parts thereof), You may be required to create an Account which will contain specific personal details which may vary based upon the type of Account that You choose.  Because of the way English law works, children are not capable of entering into contracts. Consequently, Our Users must be at least 18 years of age and You confirm that You are and that You are capable of entering into binding contracts.

6.2       An Altitude Angel Account (the “Account”) can be utilised across a wide variety of Altitude Angel’s Products and Services, and those of our properly authorised and licensed partners. You can use your Account credentials to sign in to any web site or app that displays the Altitude Angel logo.

 

6.3       By continuing to use Altitude Angel Services You represent and warrant that:

 

6.3.1    all information You submit is accurate and truthful;

 

6.3.2    You will keep this information accurate and up-to-date.

 

6.4       You will be required to review these Conditions and required to indicate your acceptance to adhere to them during Your creation of an Account. Your completion of an Account registration is deemed to be an acceptance of these Conditions and if You have any queries or concerns about the terms herein, We advise You to contact Us prior to Your creation of an Account.

 

6.5       Sharing of Accounts is not permitted unless We expressly authorise it in writing in advance.  You are required to keep Your Account details (particularly your password) confidential at all times and we strongly advise you to use a unique, ‘strong’ password to help protect your Account. If Your Account details are ever obtained by a third party (or You are concerned that a third party has obtained Your Account details), You must contact Us as soon as possible and We shall seek to amend these details for You.

 

6.6       When contacting Us for the purposes of customer services and/or technical support, We may ask You to provide your username or Account email address, but We will never ask for Your password. Never give Your password to anyone, including anyone at or purporting to be from Altitude Angel or one of Our partners.

 

6.7      When choosing Your username (or where Your username is effectively Your email address) You are required to adhere to the terms set out above in Clause 5.  Any failure to do so could result in the suspension and/or deletion of Your Account.

 

6.8       Some of the features in Our Products and Services necessarily rely on information You input. We shall not be held liable for any errors or omissions resulting in Your supply of inaccurate, false or misleading information and you warrant to Us that all information You supply shall be accurate and true to the best of your knowledge and belief.

 

7          Termination

 

7.1      Either Altitude Angel or You may terminate Your Account and, where relevant, Your subscription.  If We terminate Your Account, You will be notified by email and an explanation for the termination may be provided.  We reserve the right to terminate without giving reasons.

 

7.2       If You wish terminate your Account, You will need to contact us by completing the form at https://customerportal.altitudeangel.com 

 

8          How We Use Your Personal Information (Data Protection)

 

8.1       All Personal Information that We may collect from You or any third party in connection with your use of the Goods and/or Services including, but not limited to, data provided by Your drone and any software associated with it (including, but not limited to, Your name, e-mail address, residing country, telephone number, information regarding Your drone and drone flight telemetry) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998, your rights under that Act and in accordance with Our Privacy Policy, which forms part of these Conditions and thereby, Our contract with You.

 

8.2       We may use Your Personal Information to:

 

8.2.1    Provide Our Service to You; and

 

8.2.2    Improve Our Products and Services;

 

8.2.3    Inform You of new products and services available from Us.  You may request that We stop sending You this information at any time.

 

8.2.4    Some of the Products and Services You may opt to use are designed to share the information you have given us with carefully selected 3rd parties, such as airport operators or national registration systems whether or not owned or operated by us. You can withdraw Your consent for this at any time.

 

8.2.5    For your convenience, should your country of registration instantiate a national drone registration scheme, We may automatically enrol you into this using details You have already provided to Us. Should we do this, We will write to You at your Account email address, giving you not less than 14 days to withdraw your consent. Note that withdrawal of consent will not exempt you from any applicable laws and You may still have to register directly with the registration scheme operator.

 

9.         Disclaimers

 

Notwithstanding the terms stated in clause 11:

 

9.1       Altitude Angel’s services are (broadly speaking) intended to supplement generally required drone operators due-diligence and awareness activities, not as a replacement for them, or a drone operators normal legal obligations. Collectively or individually, Our Services are designed to assist with plan-to-avoid scenarios, and not to act as a replacement for this or a drone operators see-and-avoid responsibilities except where expressly stated otherwise.

 

9.2       Where We provide services detailing the position of manned aviation, Altitude Angel advises You that We can only track certain types of aircraft if certain specific criteria are met, and is not intended to nor is it possible to provide awareness of every aircraft in every location at all times. In general, aircraft visible to our Services must be equipped with an ADS-B transponder and within ADS-B reception range but there are circumstances where Our Services are unable to register aircrafts even if they are so equipped or normally visible.

 

9.3       The drone operator (You) at all time holds full responsibility and liability for the safe flight of the drone they are flying. At no time will Altitude Angel or any of our data providers or Partners be held accountable (financially, legally or otherwise) for any outcome caused as a result of using or misusing Altitude Angel services.

 

9.4       In order to deliver Services to You, We rely upon Data being sent to Us by Our suppliers (or other Users) in a timely manner. You expressly acknowledge that:

 

9.4.1    Our Data is compiled from data provided by third party suppliers such as governmental and regulatory organisations and commercial enterprises and that the Services and Products We provide and which provide access to Our Data are necessarily reliant on the accuracy of such data provided by third parties; and

 

9.4.2    We may process, modify and/or transform third party compiled Data from time to time. We use Our reasonable efforts to ensure that such Data is consistent and accurate, but do not make any representations, warranties or guarantees in regards to that.

 

9.5       You agree to indemnify and hold harmless Altitude Angel, its suppliers, associates, employees and subscribed from any liabilities howsoever caused resulting from:

 

9.5.1    Data We have supplied to You which you have relied upon solely in Your decision-making processes; You must always use Your own judgment and observe local laws and regulations;

 

9.5.2    For any of Our Services which purport to offer notifications of specific events, failure to receive such notifications or failure of such notifications to arrive in due-time;

 

9.5.3    Your failure to abide by any reasonable instructions that We may provide to You;

 

9.5.4    Your failure to obtain or complete your own due-diligence and awareness activities, as advised in clause 10.1;

 

9.5.5    Any undocumented or unlisted facility, feature or restriction not available to Us through the authoritative data sources We use and/or any error or omission in the same;

 

9.5.6    Any combination of the above.

 

9.6       Whilst commercially reasonable efforts have been made to ensure that all information provided from Our Services will be accurate and up to date, We make no warranty or representation that this is the case, unless and only if expressly stated in the relevant Product or Service Terms and Conditions. 

 

9.7       No part of Altitude Angel’s Services are intended to serve as the sole source of information You rely on when making any decisions or taking action of any kind including but not limited to critical safety decisions.

 

9.8       Commercial use of the information from Altitude Angel Products and Services is permitted, however We make no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business and/or operating decisions can be based.

9.9       Use of Our Products and Services, unless otherwise specified, is for non-military, civil and commercial use only.

 

10.       Availability of the Altitude Angel Services

 

10.1     We accept no liability for any disruption or non-availability of the Service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.

 

10.2     We reserve the right to alter, suspend or discontinue any part (or parts) of Our Services.  We will do Our best to give You advance notice of this but from time to time, this might not be possible. For example, We may decide to withdraw a part of our Service immediately. That withdrawal may be temporary or it may be that we withdraw it permanently, and We have the right to decide what is best in the circumstances.

 

10.3     We reserve the right to amend these Conditions with notice at any time. If You choose to decline any amended Conditions, You must discontinue use of the Altitude Angel immediately.

 

11.       Limitation of Liability

 

11.1     It would be unlawful for Us to attempt to exclude or limit 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 in entering into this contract with Us.

 

11.2     Bearing in mind always the exceptions We have set out in clause 11.1, there are certain types of liability that We are permitted by law to limit or exclude and, accordingly, to the fullest extent permissible by law, We accept no liability to any User or third party 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) the Altitude Angel Services or Products, Website, Web Services, Mobile Application or the use of or reliance upon any Content or Data, howsoever that loss, damage or expense may arise..

 

11.3     In addition, We will not be 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, an act of war or any industrial strike, any decision by any governmental body to restrict its air control information or data, or any failure by any third party to provide data to Us.

 

11.4     To the fullest extent permissible by law and subject to clause 11.1, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Altitude Angel Services or any content included within the Altitude Angel Services.

 

11.5     We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

 

11.6     We exercise commercially reasonable skill and care to ensure that the Altitude Angel Services are free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Altitude Angel Services. So if You want to make sure that Your systems are safe from viruses and other malware, You should run suitable security software.

 

11.7     In the event where compensation is due, this will be limited to 100% of the Fees paid by You as part of any Subscription or any related transactional fee, up to a maximum of the previous 12 months’ subscription fees.

 

11.8     Where You do not pay any Fees to access Our Products and Services, any such compensation due (in aggregate over any 12-month period) shall be limited to a maximum of £1 GBP, or the amount as deemed reasonable by a competent authority in the United Kingdom.

 

11.9     We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Altitude Angel Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

 

11.10   In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Conditions and shall not affect the validity and enforceability of the remaining Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

 

11.11   These limitations and exclusions of liability will survive the termination of Your Account (which, in turn, would terminate Our contract with You).       

 

12.       No Waiver

 

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

13.       Previous Terms and Conditions

 

In the event of any conflict between these Conditions and any prior versions thereof, the provisions of these Conditions shall prevail unless it is expressly stated otherwise.

 

14.       Third Party Rights

 

Nothing in these Conditions shall confer any rights upon any third party.  The agreement created by these Conditions is between You and Altitude Angel.

 

15.       Communications

 

15.1     All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to hello@altiudeangel.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

15.2     We may from time to time, if You opt to receive it, send You information about Our products and/or services.  If You do not wish to receive such information please click on the Unsubscribe link in any e-mail which you receive from Us. 

 

16.       Law and Jurisdiction

 

16.1     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.

 

16.2     Any disputes concerning these Terms and Conditions, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.