Last Updated: September 12, 2023
Carefully review these RPAS Platform Terms of Service before accessing or using Wing’s RPAS Platform
These RPAS PlatformTerms of Service (“Terms”) apply to your use of Wing’s Remotely Piloted Aircraft System (“RPAS”) Platform. Wing’s RPAS Platform enables service providers to remotely piloted aircraft (“RPA”) flights that comply with airspace and regulatory requirements while achieving operational reliability, scalability, and safety by avoiding collisions with other airspace users and obstacles. “Wing” or “we” within these Terms means Wing Aviation LLC and its subsidiaries.
You represent that you are a UAS Service Supplier (“USS”) that will use Wing’s RPAS Platform solely for the purpose of mitigating or reducing the risk of collisions with other airspace users and obstacles while conforming with all applicable airspace regulations. If you are using our RPAS Platform on behalf of someone else, such as your employer or a business (the "Principal"), (a) all references to "you" throughout these Terms will include the Principal, (b) you represent that you are authorized to accept these Terms on the Principal's behalf and that the Principal agrees to be bound by these Terms, and (c) in the event you or the Principal violates these Terms, both you and the Principal agree to be responsible to us.
a. You must only use the RPAS Platform, including the information and tools offered through the RPAS Platform for the limited commercial purpose of mitigating or reducing the risk of collisions with other airspace users and obstacles. Without the prior written consent of Wing, you agree not to use the RPAS Platform for any other purpose.
b. You or the drone operator are solely responsible for: (i) evaluating the timeliness, accuracy, reliability and completeness of any information and tools provided through Wing’s RPAS Platform; (ii) consulting official sources of information; (iii) making any decision about where and when to fly any drone, and operating your drone in a manner that does not threaten the safety or rights of people or property.
c. Drone operators must continue to check official sources for information regarding whether and where you may fly their drone. Notwithstanding any data or information obtained from Wing’s RPAS Platform, we do not guarantee, recommend, or endorse the safety or legality of use of drones in a particular area.
d. Whenever an operator uses a drone in connection with the RPAS Platform, the operator must comply with all terms, conditions, manuals and instructions provided by the applicable drone manufacturer. Wing will not be responsible for any damage or interference that may arise from your use of Wing’s RPAS Platform, including any damage to any drone or the property of others.
e. Drone operators must observe and monitor all conditions - and adjust flight as needed to avoid any risks, restrictions or dangers - whenever operating a drone. Your use of Wing’s RPAS Platform is at your sole risk.
a. To the fullest extent permitted by law, Wing and its licensors make no representations or warranties regarding the accuracy or completeness of Wing’s RPAS Platform or any data or information provided through the RPAS Platform. The RPAS Platform, including any content therein, are provided "as is" and "as available" without warranties of any kind, either express or implied. We expressly disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, absence of viruses or latent or other defects, and non-infringement.
b. You agree that your use of Wing’s RPAS Platform is at your own risk. At all times, the drone operator is solely responsible for the safe and legal operation of any drone, and remains responsible for drone operation despite any inaccurate data or other defect in Wing’s RPAS Platform. Drone operators are responsible for consulting with official sources and complying with all applicable laws regarding the use and operation of a drone.
You may need to register for an account to access some or all of the RPAS Platform. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
a. In connection with your use of Wing’s RPAS Platform, you will not violate any applicable law, contract, intellectual property rights or other third-party right or commit a tort. You are solely responsible for your conduct while using Wing’s RPAS Platform. Without limiting these prohibitions, you further will not: i. use or attempt to use another user's account or provide one's account to another for their use; ii. make Wing’s RPAS Platform available to any third party (via, a services arrangement, service bureau, lease, sublicense, sale, resale, or otherwise) except as permitted by a separate, written agreement with Wing; iii. use the RPAS Platform to build a competitive product or service; iv. use the RPAS Platform to build an archive of any of the data contained therein; v. use the RPAS Platform to commit a criminal offense or to annoy, harass or invade or infringe upon the privacy or other rights of any other person; vi. copy, reproduce, distribute, publicly perform or publicly display all or portions of the RPAS Platform service except as permitted by a separate written agreement with Wing; vii. modify the RPAS Platform, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the RPAS Platform; viii. use the RPAS Platform other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the RPAS Platform or that could damage, disable, overburden or impair the functioning of the RPAS Platform in any manner; ix. reverse engineer any aspect of the RPAS Platform except to the extent to the extent this restriction is prohibited by applicable law; x. do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the RPAS Platform or exploit any weakness therein to gain unauthorized access to the RPAS Platform; xi. use any data mining, robots or similar data gathering or extraction methods to scrape or extract data from the RPAS Platform; xii. bypass or ignore instructions contained in our robots.txt file, if existing; xiii. use the RPAS Platform to enable or support any claim or proceeding within the scope of EU Flight Compensation Regulation 261/2004; xiv. develop or use any applications that interact with the RPAS Platform without our prior written consent, which we may withhold in our sole discretion; or xv. engage in, encourage or promote any activity that violates these Terms.
b. Enforcement of this Section 5 is solely at Wing's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. This Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the RPAS Platform will not contain any content that is prohibited by this section.
a. Wing may offer or provide products or features related to the RPAS Platform that require payment. By providing a credit card or other payment method accepted by Wing, you represent and warrant that you are authorized to use the designated payment method, and you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges detailed at checkout). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your order. Wing reserves the right to reject all or part of an order made by you for any reason as permitted by law, including if we detect suspicious or fraudulent activity in violation of these Terms.
b. We may supply different or additional terms for products or services other than the RPAS Platform and those different or additional terms become part of your agreement with us if you use those products or services.
Our RPAS Platform implementation, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Wing Aviation LLC or its licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the RPAS Platform are reserved by Wing Aviation LLC or its licensors. In addition, we may own any and all legal right, title and interest in and to data you or third parties provide to the RPAS Platform (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
"Wing" and our logos, product or service names, slogans and the look and feel of our mobile applications and websites are trademarks of Wing Aviation LLC or other Wing entities and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the RPAS Platform are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Wing or the RPAS Platform (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you, including to develop, copy, publish, or improve the Feedback in Wing's sole discretion. You understand that Wing may treat Feedback as non-confidential.
Any information you provide to Wing’s RPAS Platform must be truthful and accurate. Wing may use such information for any purpose, but Wing is not required to take any action based on your information. You are solely responsible for your information and any consequences or liability arising from them. The RPAS Platform is not intended for and must not be used for emergency reporting information. Please contact the appropriate authorities immediately in the event of an emergency or dangerous situation.
The RPAS Platform contains information obtained from third parties or information or content relating to third-party products or services (collectively, "Third-Party Content"). We are not responsible for Third-Party Content. Wing does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content (including any products or services offered by third parties) is at your own risk.
To the extent permitted by applicable law, you will indemnify, defend and hold harmless Wing and our affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Wing Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your use of the RPAS Platform, including in connection with the operation of any drone; (b) use of the RPAS Platform by any of your employees or other personnel; and (c) your violation of these Terms. You agree to promptly notify Wing Parties of any third-party Claims, cooperate with Wing Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Wing Parties will have control of the defense or settlement, at Wing's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Wing or the other Wing Parties.
To the fullest extent permitted by applicable law:
a. Wing and the other Wing Parties will not be liable to you under any theory of liability-whether based in contract, tort, negligence, strict liability, warranty, or otherwise-for any indirect, consequential, exemplary, or incidental damages or lost profits, even if Wing or the other Wing Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
b. The total liability of Wing and the other Wing Parties for any claim arising out of or relating to these Terms or the RPAS Platform, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use the RPAS Platform in the 3 months immediately prior to your claim.
c. The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Wing or the other Wing Parties where such limitation is not permitted by law.
To the fullest extent permitted by applicable law, you release Wing and the other Wing Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to your use of the RPAS Platform or the acts or omissions of third parties.
If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
If you do not reside in California but there is a law similar to California Civil Code § 1542 (above) that applies to you, you hereby waive your any rights that would reduce the scope of the general release herein.
Any dispute arising from these Terms and your use of the RPAS Platform will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California. The courts in some countries will not apply California law to some types of disputes. If you reside in one of those countries, then your country's laws will apply to such disputes related to these Terms. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, U.S.A., then your local jurisdiction and venue will apply to such disputes. Notwithstanding this, Wing reserves the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
We reserve the right to modify the RPAS Platform or to suspend or stop providing all or portions of the RPAS Platform at any time. You also have the right to stop using our RPAS Platform at any time. We are not responsible for any loss or harm related to your inability to access or use our RPAS Platform.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the RPAS Platform or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of the RPAS Platform after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the RPAS Platform.
a. Wing will not be liable for any delay or failure of the RPAS Platform to the extent caused by circumstances beyond its reasonable control.
b. You must not without prior government authorization export, re-export or transfer our mobile app or RPAS Platform in violation of applicable law. You represent and warrant that you: (i) are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, or that has been designated by the U.S. Government as a "terrorist supporting" country; (ii) have not been identified as a "Specially Designated National" by the Office of Foreign Assets Control; (iii) have not been placed on the U.S. Commerce Department's Denied Persons List; and (iv) will not use our RPAS Platform if any applicable laws in your jurisdiction prohibit you from doing so in accordance with these Terms.
c. Except as noted in Section 6(b) above, these Terms constitute the entire agreement between you and Wing related to the subject matter hereof, and supersede any prior agreement or understanding that may have been in place between you and Wing.
d. The failure of Wing to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
e. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any use of the term "including" will be interpreted to mean "including without limitation."
f. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
g. You agree that communications and transactions between us may be conducted electronically.
h. For U.S. government users: As defined in FAR section 2.101, any software and documentation provided by Wing are "commercial items" and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by these Terms and will be prohibited except to the extent expressly permitted by these Terms.