Last Updated: November 9, 2020
- You are solely responsible for operating your drone safely and lawfully at all times
- Check with official sources to determine the latest active restrictions and dangers
- The information provided is not for use in air navigation in Australia
- If this is a pre-release version of OpenSky (e.g., a Beta version), you may only use this version for researching, analyzing, and improving the usability of its current and proposed services (the "Pre-Release Purpose").
Carefully review these OpenSky Terms of Service before accepting them
These OpenSky Terms of Service ("Terms") apply to your use of Wing's mobile and website applications that provide flight-related information, unmanned traffic planning services and other related services in connection with the operation of unmanned aircraft systems ("UAS"), or "drones" (collectively, "OpenSky Services"). "Wing" or "we" within these Terms means Wing Aviation LLC and its subsidiaries.
You represent that you are at least 18 years of age (or the age of legal majority where you live). If you are using our OpenSky Services 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.
2) Pre-Release Use Requirements and Disclaimers
If this is a pre-release version of OpenSky, you may only use this version for the Pre-Release Purpose. You acknowledge that pre-release versions of OpenSky may contain bugs, errors, inaccuracies or other defects. All pre-release versions of OpenSky are provided to You for the Pre-Release Purpose only. You agree that your use of a pre-release version of OpenSky is at your own risk. At all times, You are solely responsible for the safe and legal operation of any drone, and You remain responsible for your drone operation even if the pre-release version of OpenSky reports (correctly or incorrectly) that there is no flight restriction in effect. You are responsible for consulting with official sources and complying with all applicable laws regarding the use and operation of your drone.
3) Use Requirements
- The information and tools offered through OpenSky services, including information related to flight restrictions or the automation of a flight path, are offered for convenience purposes only and not for commercial purposes.
- You are solely responsible for: (i) evaluating the timeliness, accuracy, reliability and completeness of any information and tools provided through OpenSky Services; (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.
- When using OpenSky Services to check for flight restrictions, you are responsible for selecting the appropriate use/licensing category for which you qualify where applicable. In addition, if you input any license or registration information into OpenSky Services, you are responsible for doing so accurately.
- You must continue to check official sources for information regarding whether and where you may fly your drone. Even if OpenSky Services indicate that an area appears available for drone flight or free of restrictions (such as by displaying a green check mark), we do not guarantee, recommend, or endorse the safety or legality of your use of drones in that area.
- Whenever you use a drone in connection with OpenSky Services (including connecting your drone to a device, e.g., mobile phone, laptop, while using OpenSky Services), you 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 OpenSky Services, including any damage to any drone connected to OpenSky Services or the property of others.
- Observe and monitor all conditions - and adjust your flight as needed to avoid any risks, restrictions or dangers - whenever you are operating your drone. Your use of OpenSky Services is at your sole risk.
- To the fullest extent permitted by law, Wing and its licensors make no representations or warranties regarding the accuracy or completeness of OpenSky Services or any contract. OpenSky Services, 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.
- This Section applies only to users operating drones within Australia. Airspace information related to Australia is not approved under Australian Civil Aviation Safety Regulation Part 175 (CASR Part 175), is advisory only, and is not to be used for the purpose of air navigation.
- Information displayed in OpenSky is provided to us from a variety of sources. Information regarding local laws, rules, and regulations provided to OpenSky may be inaccurate, incomplete, or outdated. Wing does not provide warranties to such information's credibility or reliability. You are solely responsible at all times for your conduct.
5) FAA LAANC Authorization
This section applies only to users operating drones within the United States. Wing is a provider of UAS services within the FAA's Low-Altitude Authorization and Notification Capability (LAANC). LAANC may be used to satisfy compliance with ATC authorization. Information provided here is based on real-time and available projected information on airspace status and airport-specific maps, and that information is subject to change. Planning tools should be checked prior to flight for any changes that could impact the operation. Wing provides LAANC services subject to the terms of the FAA's "Privacy Statement Regarding LAANC and USS Providers Collection of Information in Accordance with 14 CFR Part 107," which is available here.
6) User Accounts and Account Security
You may need to register for an account to access some or all of OpenSky Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. This includes information relating to your drone or your license status as a drone operator, as well as payment information pursuant to Section 7. 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.
7) Prohibited Conduct
- In connection with your use of OpenSky Services, 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 OpenSky Services. Without limiting these prohibitions, you further will not:
- use or attempt to use another user's account;
- make OpenSky Services available to any third party (via, a services arrangement, service bureau, lease, sale, resale, or otherwise);
- use OpenSky Services to build a competitive product or service;
- use OpenSky Services to annoy, harass or invade or infringe upon the privacy of any other person;
- copy, reproduce, distribute, publicly perform or publicly display all or portions of OpenSky Services;
- modify OpenSky Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon OpenSky Services;
- use OpenSky Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying OpenSky Services or that could damage, disable, overburden or impair the functioning of OpenSky Services in any manner;
- reverse engineer any aspect of OpenSky Services except to the extent to the extent this restriction is prohibited by applicable law;
- do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of OpenSky Services;
- use any data mining, robots or similar data gathering or extraction methods to scrape or extract data from OpenSky Services;
- bypass or ignore instructions contained in our robots.txt file;
- develop or use any applications that interact with OpenSky Services without our prior written consent, which we may withhold in our sole discretion; or
- engage in, encourage or promote any activity that violates these Terms.
- Enforcement of this Section 7 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 7 does not create any private right of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by this section.
8) Certain Services
- OpenSky Services may include products or features 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 cancelled. 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.
- We may supply different or additional terms in relation to some OpenSky Services, and those different or additional terms become part of your agreement with us if you use those OpenSky Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
Our OpenSky Services, 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 OpenSky Services 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 OpenSky Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). For example, we may aggregate flight data associated with LAANC authorizations to improve the quality of OpenSky Services.
"Wing", "OpenSky" and our logos, product or service names, slogans and the look and feel of OpenSky Services 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 on OpenSky Services 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.
11) Feedback and Reporting
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 OpenSky Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment 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.
As with all information you provide to us, if you use OpenSky Services to report information on other users, drone operators or their drones ("Reports"), you must do so truthfully and accurately. Wing may use your Reports for any purpose, but Wing is not required to take any action based on your Reports. You are solely responsible for your Reports and any consequences or liability arising from them. OpenSky Services 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.
12) Third-Party Content
Our OpenSky Services contain information obtained from third parties or information or content relating to third-party products or services (collectively, "Third-Party Content"), including airspace mapping data, environmental or hazard data and links to third party sites. 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.
Click here to review required safety warnings, disclaimers and/or notices from Third Parties.
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 OpenSky Services, including in connection with the operation of any drone; (b) use of OpenSky Services 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.
14) Limitation of Liability
To the fullest extent permitted by applicable law:
- 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.
- The total liability of Wing and the other Wing Parties for any claim arising out of or relating to these Terms or OpenSky Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use OpenSky Services in the 3 months immediately prior to your claim.
- The limitations set forth in this Section 14 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 OpenSky Services 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 Â§ 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 Â§ 1542 (above) that applies to you, you hereby waive your any rights that would reduce the scope of the general release herein.
16) Choice of Law and Jurisdiction
Any dispute arising from these Terms and your use of OpenSky Services 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.
17) Modifying and Terminating our UTM Services
We reserve the right to modify OpenSky Services or to suspend or stop providing all or portions of OpenSky Services at any time. You also have the right to stop using our UTM Services at any time. We are not responsible for any loss or harm related to your inability to access or use our UTM Services.
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 OpenSky Services 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 OpenSky Services 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 OpenSky Services.
- Wing will not be liable for any delay or failure of OpenSky Services to the extent caused by circumstances beyond its reasonable control.
- You must not without prior government authorization export, re-export or transfer our mobile app or other OpenSky Services 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 UTM Services if any applicable laws in your jurisdiction prohibit you from doing so in accordance with these Terms.
- Except as noted in Section 8(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.
- 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.
- 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."
- 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.
- You agree that communications and transactions between us may be conducted electronically.
- 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.
- For users in Australia: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you may be entitled to cancel your service contract with us. You may also be entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you may be entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract. Nothing in these Terms (and in particular sections 4, 13, 14, 15, and 17) excludes, restricts or modifies the application of a Statutory Guarantee or any associated rights or entitlements to remedies.