Copyright © 2024 Globhe All rights reserved.
Please read these terms and conditions (the “Terms”) carefully before using Globhe products and services by GLOBHE DRONES AB (“Globhe”, “we” or “us”).
Definitions
Globhe provides a service that sends out Drones to inspect, monitor, track, and collect information from areas of interest for our Client organizations (the “Service”).
Your use of the Service is governed by these Terms. If you do not agree to these Terms, you may not use the Service.
The Service is not directed to, and may not be used by, persons under the age of 18.
By signing up to the Service you enter into a contract with Globhe and accept the Terms as stated herein. The contract with Globhe includes Drone Operators, using the Service (“Drone Operators”) to collect and upload data to Globhe crowddroning Platform (“Platform”), The Drone Operator’s compensation related to the Service to be ordered shall be mutually agreed upon between Globhe and the Drone Operator, and in writing in the Mission.
Globhe is not liable for any action by a Drone Operator during the performance of the Service. The Drone Operator is solely responsible for any flights and associated Missions conducted in connection with its use of the Services and agrees to indemnify Globhe for any claims related to the Drone Operator´s performance. The Drone Operator must obtain all permissions needed for its activities under a Mission before conducting any flights in connection with the Services and the performance and use of the Services must be conducted in coherence with local laws and regulations and all Drone flying is to adhere to the Humanitarian UAV Code of Conduct.
Globhe reserves the right to unilaterally terminate a contract at any time, with or without cause, by providing written notice to the drone operator, effective immediately upon receipt of such notice.
The Services are not to be used for military activities or other, in the reasonable opinion of us, harmful activities.
You also agree and warrant that you will not, and will not permit any third party to:
Use of Subcontractors. The operators shall not subcontract any of its responsibilities without Globhe's prior written approval, which may be withheld in Globhe's sole discretion. Prior to entering into a subcontract with a third party for the Services, Drone Operator shall deliver to Globhe a copy of the proposed subcontract, or (in Globhe's reasonable discretion) a detailed description of the scope and material terms (other than pricing terms) of the proposed subcontract, and obtain Globhe's prior written approval of such Subcontractor.
You will not use the Service in any way that violates these terms and conditions or for any purpose or in any manner that is unlawful or prohibited by this Agreement.
This Platform and the Services contain content specifically provided by Globhe or third parties and such content may contain intellectual property rights. You acknowledge that no rights to such intellectual property rights are hereby transferred to you or anyone else, other than expressly set out in these Terms.
You may however use the content of this Platform for your use and provision of the Services.
You agree to respect all intellectual property rights, including but not limited to the copyright, trademarks, patents, designs, trade names, and similar (whether registered or not) contained or displayed on this Platform or to which you gain access to in connection with the Services.
You may not use, copy, transfer, alter, develop, or make additions to the Service or any software contained therein. You may not decompile or reverse engineer any software contained in the Service or by any other means try to recreate its source code except as set out in mandatory law.
We do not grant the Users any other license to use said intellectual property rights except as expressly set out in these Terms.
Drone Operator may upload videos, written comments, data, text, photographs, graphics, and other information ("User Content") to this Platform. Drone Operators are fully responsible for any User Content that he/she uploads to this Platform.
By agreeing to these Terms, you hereby assign to Globhe all rights in intellectual property rights in the User Content uploaded to the Platform to Globhe, intellectual property rights, including but not limited to the copyright, trademarks, patents, designs, trade names, and similar (whether registered or not). You are not entitled to separate payment other than as agreed and specified in connection with a Mission for such intellectual property rights unless stipulated by mandatory legislation.
Globhe is entitled without limitations to use, modify, develop, license, assign, transfer and otherwise process the User Content, the entire or part of such intellectual property rights and results without any territorial limitations and you shall in all ways possible through signing of documents and any similar actions to enable proper transfer of the intellectual property rights and assist Globhe to create, register, sell, maintain or otherwise dispose of intellectual property rights and other rights according to this section above.
For the avoidance of doubt, you hereby confirm that you, as specified under the terms and conditions set forth in these Terms, no longer have any rights whatsoever in the User Content and any intellectual property rights therein.
You warrant that you have all necessary rights to upload and in all other ways use and provide us with the User Content. Should any User Content infringe the intellectual property rights of a third party, you agree to indemnify us and any User all damages, costs and expenses incurred as a result of such infringement.
You agree and warrant that you will not publish, post, transfer, distribute or upload any content or information to this Platform and/or the Services which:
To access and use the Service (“Service”), you must register for an account at Globhe (“Account”). To complete your Account registration, you agree to provide us with complete and accurate information and to keep that information current so that we can communicate with you about your Account.
By registering an account (“User Account”) on our Platform, you are solely responsible for maintaining the confidentiality of your private user details (username and password). Your account is personal, and you are not allowed to transfer your account to any third party. You are responsible for all activities that occur on the User Account. If you have reason to believe that any third party has gained access to your User Account, you must immediately inform us. We have the right, but not the obligation, to suspend access to your User Account on this Platform if we have reason to believe that any third party has gained unlawful access to your user account.
Globhe reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claims or trademarks to those usernames.
When registering a User Account on this Platform, you agree to comply with these Terms. You also approve the processing of your personal data, which is made in accordance with our Privacy Policy [https://www.globhe.com/privacy-policy]
Please note that we have the right to cancel your user account if it is left inactive for a period of 365 consecutive days.
We reserve all rights to terminate accounts, edit or remove content, cancel accounts, and cancel missions at our sole discretion.
It is expressly agreed that the identities (including names, telephone numbers, email addresses, and other contact information) of any of Globhe’s Clients and/or Drone Operators made available by Globhe to the Drone Operator under this Agreement and any related business opportunity shall be recognized as the exclusive and valuable property of Globhe and shall constitute Confidential Information of Globhe, and the Drone Operator shall not (without the prior written consent of Globhe): (i) directly or indirectly initiate, solicit, negotiate, contract or enter into any business transactions, agreements or undertakings with any of Globhe’s Clients and/or Drone Operators; or (ii) seek to by-pass, compete, avoid or circumvent Globhe from any business opportunity or from any payment to Globhe of profits, fees or otherwise by utilizing any Confidential Information or by otherwise exploiting or deriving any benefit from the Confidential Information.
Any confidential information disclosed by Globhe or a third party to the Drone Operator during the course of accessing or using the Platform shall be subject to strict confidentiality obligations. The Drone Operator agrees to maintain the confidentiality of such third-party information and not to disclose, reproduce, or distribute it to any unauthorized third party without the express written consent of the disclosing party, unless required by applicable law or authorized by the disclosing party.
As long as you have a registered account and for an additional twelve (12) months following the deletion of your account, this non-circumvention clause will remain in effect, prohibiting you from directly or indirectly engaging in any business transactions, partnerships, or collaborations with any individuals or entities you may have come into contact with through the platform during this period.
After the Drone Operator has successfully delivered the data to Globhe and it has been qualified and approved by both Globhe and its Client, Globhe will transfer the payment to the Drone Operator’s account within 30 days of receiving the invoice and the date of successful delivery, which ever occurred last. Payment is dependent on the Drone Operator performing the work as outlined in the Mission details, delivering the data to Globhe on time, and receiving the payment from its client.
You acknowledge that Globhe may delete content or User Content when it is no longer in active use. Globhe expressly disclaims all obligations with respect to storage of content or User Content, unless Globhe is required to store any content or User Content by law.
For the “Data Library” Globhe is responsible for all storage and may at any time upload or delete files or Missions.
Globhe agrees to maintain commercially reasonable technical and organizational measures designed to secure its systems from unauthorized disclosure and modification. Globhe security measures include using firewalls, access controls, and similar security technology. For more information, please see our Privacy Policy [https://www.globhe.com/privacy-policy].
This Platform and the Services are provided ‘as is’ without warranty of any kind and your use of the Services is solely your responsibility. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality or suitability of this Platform or the Services.
There may be situations when the Services will not be accessible, including but not limited to necessary maintenance and circumstances outside our control, for which we shall never be liable.
You are liable to us for any damages caused to us, or any third party, due to your breach of these Terms, including but not limited to the misuse of this Platform and/or Service. Furthermore, you agree to indemnify us in relation to any claims, costs (including reasonable legal costs) damages, expenses, liabilities and losses incurred by us arising in any manner in relation to your breach of these Terms.
To the extent permitted under mandatory law, we shall not be liable to you or any third party for any direct damages, indirect damages or any other damages of any kind including but not limited to loss of profit, loss of income, loss of revenue, business interruption or goodwill losses arising out of or in connection with these terms or the use or inability to use or access the Services or this Platform. We are not liable to you for any claims made by third parties towards you. In the event that we are liable according to mandatory legislation, we shall be indemnified for any such liability to you.
We have the right to make changes to these Terms. We will inform you of any such changes at the latest thirty (30) days before a change starts to apply. We will give you such information by a clear notice here [https://globhe.com/terms-and-conditions].
Provided that there are no active Missions, you have the right to at any time and without prior notice terminate your User Account. If you want to terminate your User Account during an active Mission, the termination shall not have effect until the Mission is completed.
We have the right to suspend your access to the Services with immediate effect if we have reason to believe that you are violating these Terms or that you in any other manner act that could be detrimental to our goodwill. Furthermore, we reserve the right at any time to modify, discontinue, temporarily, or permanently cease providing the Services without prior notice at any time at our own discretion, or if required by law or decision by an authority. You agree that we shall not be liable to you or to any third party for such modification, suspension, or discontinuance.
No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make previously owed payments to the other Party hereunder) when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”) that frustrates the purpose of this Agreement: ; (a) flood, fire, earthquake or explosion; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the World Health Organization as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (i) emergency state; (j) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of the Impacted Party.
You may not transfer or assign any rights or obligations, and licenses granted under these Terms. We may transfer and assign these Terms without your consent and without notice to you.
These Terms shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.
Any disputes arising from this Agreement shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitration shall apply, unless the SCC, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its own discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC shall also decide whether the arbitral tribunal shall be composed by one or three arbitrators. The place of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English.
Last update to our Terms and Conditions was made on 2023-09-22