Copyright © 2023 Globhe All rights reserved.
Please read these terms and conditions (the “Terms”) carefully before using our products and services by GLOBHE DRONES AB (“Globhe”, “we” or “us”).
DEFINITIONS
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.
You also agree and warrant that you will not, and will not permit any third party to:
Globhe provides access to its platform through which you may order 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 Task a Drone service and/or sells existing data stored in our data library.
You will not use the Service, including the Data Library and the Drone Data, in any way that violates the 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, such as Data Library and Drone Data, 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 related to the Data Library are hereby transferred to you or anyone else, The ownership to the Drone Data, is however transferred to the Client and will continue to be jointly owned by you and us. Each party may however use the data freely and without any restrictions except that it has to be compliant with these terms and conditions. Our right to use Drone Data that you have identified in writing as critical data, as being of very sensitive character, will be subject to your express consent .
You may however only use the content of the Data Library in compliance with these terms and conditions and only for your use 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 and in the Data Library or to which you otherwise 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 of the Data Library any other license to use said intellectual property rights except as expressly set out in these Terms.
To access and use the Service (“Service”), you must register for an account with Globhe (“Account”). To complete your Account registration, you agree to provide us with complete and accurate information as well as at least one valid payment method (either a credit card or accepted payment partner) and to keep that information current so that we can communicate with you about your Account.
By registering an account (“User Account”) on this 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.
The Client is responsible to obtain all the permissions that are required from him or the End User, necessary for the activities under any Order, and reasonably within his area of responsibility. Such permissions must be obtained prior to conducting any flights in connection with the Services.
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 and cancel accounts at our sole discretion.
If Advanced Settings is left blank and the quote is accepted, the Order will be conducted according to Globhe standards using the following parameters:
Any costs for additional flight permits, and other similar additional costs resulting from non-standard operation parameters, will be added and charged at the sole discretion of Globhe. Any costs for special certification, licensing, or similar will be agreed upon.
Upon data delivery, the Client shall have a period of ten (10) business days to confirm the quality of the delivered data. Failure to provide confirmation within this timeframe shall be deemed as acceptance of the data's quality and completeness.
Globhe prices per region and has two zones. Globhe may at any time remove or add countries to these lists. [https://www.globhe.com/drone-operator-coverage]
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 Clients 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 Clients 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.
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.
Users of the Service is required to provide their credit card or invoice details to Globhe or the Payment Service Provider retained by Globhe (the “PSP”). Client will be responsible for paying all applicable fees related to their use of the Service (the “Fees”). You are solely responsible for all federal, state, and local taxes, including sales, use, VAT, or similar transaction taxes imposed on your use of the Service, unless you provide Globhe with a valid tax exemption certificate (“Taxes”). All Taxes payable by you will be separately stated and exclusive of the Fees. Notwithstanding the foregoing, you will have no liability for taxes that are statutorily imposed on Globhe, including taxes or fees based on Globhe’s net or gross income.
For Order payment, the prices quoted are net prices due Globhe. The payment schedule shall be following:
Recurring orders placed by the Client will be invoiced on a monthly basis, with each invoice reflecting the charges for the services provided during the same month. External factors involved in capturing your data with Drones, such as harsh weather conditions, delayed permission to fly, local changes in costs of reaching the flying sites, all Drone Operators being busy, or other unforeseen circumstances might delay the delivery date, force us to cancel the quote/order and/or result in higher cost which Globhe as a technology platform cannot be held liable for. We will inform you of any changes before proceeding.
In the event an order is canceled within 48 hours from the payment of the advance payment, Globhe may refund the advance payment reduced with any incurred cost. We reserve the right to change our fees and to institute new charges at any time upon notice to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Globhe in our sole discretion. Your use of the Service following such notification constitutes your acceptance of any new or increased fees.
Upon receiving a quote, please note that the quote provided is an estimated price and is contingent upon nearest operators’ availability and accessibility to the specified location. This estimate does not encompass additional expenses such as flight permits, authorizations, or any special requirements. The final price may be subject to alterations based on factors including but not limited to the availability, accessibility, location, and necessary authorizations. Any modifications to the quoted price will be communicated to you for approval before proceeding.
Globhe does not have an obligation towards Users to store content or User Content after an Order is completed. 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 orders.
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 for any damages as described above, you agree to indemnify Globhe for any such liability to you.
Globhe is not liable for any action by a Drone Operator during the performance of the Service. Drone Operators are solely responsible for any flights and associated orders conducted in connection with their use of the Services. The Services are not to be used for military activities or other, in the reasonable opinion of us, harmful activities.
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 Orders, 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 Order, the termination shall not have effect until the Order 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.
Globhe's ability to deliver services will depend on the Drone Operators’ 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 Drone Operators being unable to collect Drone Data or other unforeseen circumstances outside of Globhe´s control, such as but not limited to bad weather conditions, inaccessible areas, errors in provided maps and KML/KMZ or CSV files and dangerous conditions.
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.
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.
If Client and Globhe have entered into a separate Agreement outside of the platform, the terms and conditions outlined in that External Agreement shall prevail over these Terms.
Last update to our Terms and Conditions was made on 2023-09-15