Terms and Conditions Crowddroning by GLOBHE

Please read these terms and conditions (the “Terms”) carefully before using Crowddroning by GLOBHE and associated products and services by GLOBHE DRONES AB (“GLOBHE”, “we” or “us”).

The Service

The service provided by GLOBHE is a service that sends out drones to inspect, monitor and track and collect information from areas of interest for your operation. GLOBHE carries out its Services as single on-demand services or as a subscription service to track changes over time (the “Service”).

Conditions of Use

Your use of the Service is regulated by these Terms. If you do not agree to these Terms, please do not use the Service. 

The Service is not directed to persons under the age of 18.

By signing up to the Service you enter into a partnership with GLOBHE and accept the Terms as stated herein. The partnership with GLOBHE includes all users of the Service, including drone-pilots, using the Service to collect and upload data to this web app and the Service (“Pilots”), as well as the customers that take part in the collected data (“Customers”) in this web app or by downloading the collected data to a separate web app or platform as separately agreed with GLOBHE. The Pilots and Customers are collectively referred to as Users.

By accepting a mission, the pilot becomes legally entitled to show up on the specified date and time to undertake all activities related to the mission as agreed between GLOBHE and the pilot. If the pilot fails to show up to the mission without prior notice at least 24 hours before the specified date and time, GLOBHE has the right to take legal actions against the pilot relative to the damage GLOBHE was subjected to.

Flights for a specific purpose for a specific Customer under the Service (“Mission”) are carried out after mutual consultation between GLOBHE and the Pilot and GLOBHE and the Customer. The cost, payment terms, and the Pilot’s compensation for a Mission shall be mutually agreed upon between GLOBHE and the Pilot and GLOBHE and the Customer in writing before the Mission.

GLOBHE holds no responsibility for actions by Pilots during their use of the Service. Pilots are solely responsible for all flights and associated operations conducted in connection with their use of the Services. All Pilots must obtain all permissions needed before conducting any flights in connection with the Services and the use of the Services must be conducted in coherence with local laws and regulations and all drone flying to adhere to the Humanitarian UAV Code of Conduct.

The Services is not to be used for military activities or other harmful activities.

You also agree and warrant that you will not, and will not permit any third party to:

(a) use this web app and/or the Services to transfer or upload files or other content that contains viruses, trojans, corrupted data, malicious software, or other programs that may harm computers or other property, 

(b) use this web app and/or the Services to defame, harass, discriminate or threaten another person or in any other way violate the rights of another person, 

(c) distribute or reproduce all or any part of this web app and/or the Services, 

(d) alter, disassemble, decompile or reverse engineer any part of this web app and/or the Services, unless explicitly permitted by mandatory law, 

(e) use software that reads data on this web app and/or the Services automatically, 

(f) use this web app and/or the Services to request or encourage other users to breach any provision of these Terms, 

(g) abuse this web app and/or the Services or use it for any unlawful or unauthorized purpose (which includes transmitting any computer viruses through this web app), or 

(h) use this web app and/or the Services in a manner that violates or infringes the rights of anyone else.

Intellectual property

Content

This web app and the Services contain content specifically provided by GLOBHE or third parties and such content may contain intellectual property rights.

You may only use the content of this web app for your own use of the Services and you must not use the content of this web app in breach of applicable law or these Terms. 

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 web app or 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.

User Content

Pilots may upload videos, written comments, data, text, photographs, graphics, and other information ("User Content") to this web app. You are fully responsible for any User Content that you upload to this web app. 

By agreeing to these Terms, you hereby assign to GLOBHE all rights in intellectual property rights in the User Content uploaded to the web app 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 using, modifying, developing, licensing, assigning, transferring, and otherwise processing 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 the proper transfer of the intellectual property rights and assist GLOBHE to create, register, 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 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 web app and/or the Services which: 

(a) is false, misleading, untruthful, or inaccurate, 

(b) promotes or encourages illegal activity, 

(c) is racially or ethnically offensive and/or constitutes agitation against a minority (such as a national or ethnic group),

(d) constitutes defamation, contains pornography, or is in any other way sexually explicit,

(e) attacks sexual orientation or religion or is discriminating in any other way, or 

(f) is in any way harmful, abusive, offensive, or illegal or which infringes the rights of any third party (such as including but not limited to copyright and trademarks).

User Account

If you register an account (“User Account”) on this web app, 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 web app if we have reason to believe that any third party has gained unlawful access to your user account

When creating a User Account on this web app, you agree to comply with these Terms. You also approve our processing of your personal data, which is made in accordance with our Privacy Policy.

Please note that we have the right to cancel your user account if it is left inactive during a period of 365 consecutive days.

We reserve all rights to terminate accounts, edit or remove content and cancel at our sole discretion.

Storage of content

GLOBHE does not have an obligation towards Users to store content or User Content after a Mission has ended. 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 the storage of content or User Content, unless GLOBHE is required to store any content or User Content by law.

Dissemination of content

Aerial imagery captured over Sweden might be subject to approval from Lantmäteriet prior to dissemination to other parties. It is the client’s responsibility to apply for permission if needed to spread, and/or use data in their business. GLOBHE will not be held accountable for the dissemination of aerial imagery that was provided by GLOBHE without gaining permission from Lantmäteriet. For more information, check Lantmäteriet for data taken on Swedish territories and we advise our clients globally to check with their national authorities for similar requirements that might arise and seek the permissions needed.

Security

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.

Disclaimer of warranty

This web app 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 web app 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.

Indemnity and limitation of liability

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 web app 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 web app. We are not liable to you for any claims made by third parties towards you.

Change of Terms and termination of the Services

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 you are not involved in any active Mission, 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. Furthermore, we reserve the right at any time to modify, discontinue, temporarily or permanently cease providing the Services without prior notice at any time on 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.

Deliverance of the Services

GLOBHE's ability to deliver services will depend on the Pilots’ reasonable and timely cooperation. GLOBHE always strives to deliver services in a timely manner but is not responsible for any delayed or incomplete deliveries resulting from Pilots being unable to collect drone data or other unforeseen circumstances. Users of the Service understand that technical maintenance of the Service is needed at times which might affect their access and use of the Service. GLOBHE always strives to deliver high quality but is not responsible for unforeseen errors nor if results are not being displayed accurately on third-party platforms.

Assignment

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.

Disputes

These Terms shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules. 

Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by the Swedish courts, with the District Court of Stockholm as the first instance, unless otherwise provided by mandatory law.

Updates

The last update to our Terms and Conditions was made on 2021-10-27.