Terms and conditions

Preamble

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

The Service

Globhe provides 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, as a subscription service, and/or selling existing data stored in our data library (the “Service”)

Conditions of use

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 may include drone operators, using the Service (“Drone Operators”) to collect and upload data to Globhe crowddroning Platform (“Platform”), as well as any Client that have placed an Order for the Services (“Clients”) in this Platform or by downloading the collected data from the Platform. The Drone Operators and Clients are collectively referred to as Users.

The cost for the Service, payment terms and the Drone Operator’s compensation related to the Service to be ordered shall be mutually agreed upon between Globhe and the Drone Operator, on the one hand, and Globhe and the Client, on the other, in writing in the Order.

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 and agree to indemnify Globhe for any claims related to the Drone Operators performance. All Drone Operators must obtain all permissions needed for their activities under an Order 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.

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:

(a) use this Platform 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 Platform 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 Platform and/or the Services, 

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

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

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

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

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

Additional use & limits

You may subscribe to additional features of the Subscription Service by placing an additional Order or activating the additional features within your Globhe account (if this option is made available by us.). This Agreement will apply to all additional Order(s) and all additional features that you activate within your Globhe account.

The limits that apply to you will be specified in your Order Form, this Agreement or in our Product and Services Catalogue, and for our Free Accounts, these limits may also be designated only from within the product itself. For further information on the limits that apply to your subscription, please refer to the Product Specific Terms and Conditions for Subscription.

Prohibited and unauthorized use

You will not use the Subscription Service in any way that violates the terms of the Product Specific Terms and Conditions for Subscription or for any purpose or in any manner that is unlawful or prohibited by this Agreement or in violation of our Policy of Business Ethics.

You may not use the Subscription Service if you are legally prohibited from receiving or using the Subscription Service under the laws of the country in which you are resident or from which you access or use the Subscription Service or under any other applicable law. 

Intellectual property

Your right to use the Content

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 howeveruse the content of this Platform for your  use of the Services and for any other purpose  notin breach of applicable law or these Terms. 

You agree to respect all intellectual property rights, including but not limited to copyright, trademarks, patents, designs, trade names and similar (whether registered or not) contained or displayed on this Platform 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 from Drone Operators

Drone Operators 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 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 an Order for such intellectual property rights unless stipulated by mandatory legislation.

Globhe is entitled without limitations to use, modify, develop, licence, 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: 

(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 - Client

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 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.

Globhe reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark to those usernames.

When registering a User Account on this Platform, you agree to comply with these Terms. You also approve 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 accounts at our sole discretion.

Billing & Payments

Users of the Service may be required to provide their credit card or invoice details to Globhe or the Payment Service Provider retained by Globhe (the “PSP”). Users 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 paid subscription to 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.

The Subscription Fee will remain fixed during the term of your subscription unless (i) you exceed your Maximum Orders, hectares or km, or other applicable limits (see the ‘Limits’ section above), (ii) you upgrade the Subscription Plan, (iii) you subscribe to additional features or products, including additional Orders, or (iv) otherwise agree to in your Order. You can find all the information about how your fees may be otherwise adjusted in the Product Specific Terms and Conditions for Subscription.

All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information. 

For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

For annual payment plans, the Service is billed up front for one (1) year subscription periods and is non-refundable. Your annual plan will be automatically renewed for successive one (1) year subscription periods, and you will be charged the applicable Fees on each annual anniversary of your purchase, unless you cancel your Account plan thirty (30) days prior to the end of the then-current annual term. There will be no refunds or credits for partial terms of service, upgrade/downgrade refunds, or refunds for unused terms with an open account.

For Single order payment the prices quoted are net prices due GLOBHE. The payment schedule shall be following:

  • Fifty percent (50%) down (advance) payment of the total contract value, payable prior to commencing order against presentation of invoice
  • Fifty percent (50%) balance payment of the total contract value, payable within thirty (30) days upon receipt of delivered results

In the event the Single order is cancelled within 48 hours from the payment of the advance payment, GLOBHE may refund the advance payment reduced with any incurred cost. To the extent your use of the Service exceeds the usage limits provided for in your payment plan (as set forth in our Product Specific Terms and Conditions for Subscription, and including but not limited to the usage categories of monthly Orders, monthly hectares or km), Globhe reserves the right to charge you overage fees for any such excessive use, in Globhe’s sole discretion.

We reserve the right to change our fees and to institute new charges at any time (including, for clarity, for any renewal), 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.

Storage of content

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 missions. 

Security

Globhe agrees to maintain commercially reasonable technical and organisational measures designed to secure its systems from unauthorised 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 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. 

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 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.

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 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 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 Drone Operators’ reasonable and timely cooperation. Globhe always strives to deliver services in a timely manner but are 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 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 are not responsible for unforeseen errors nor if results are not being displayed accurately on third party Platforms.

Force Majeure 

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.

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.

Governing law and arbitration

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.

Updates

Last update to our Terms and Conditions was made on 2023-01-30