Terms of service

In using this application you are deemed to have read and agreed to the following terms and conditions which govern all use of Scanifly.com and all content, services and products available at or through the application.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Customer", “You” and “Your” refers to you, the person accessing this application and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to Scanifly, Inc. “Party”, “Parties”, or “Us”, refers to both the Customer and Scanifly, Inc, or either the Customer or Scanifly, Inc. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of Scanifly’s stated services/products, in accordance with and subject to, prevailing U.S. Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Please read this Agreement carefully before accessing or using the application. By accessing or using any part of the application, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access this application or use any Scanifly services.

Information we collect

Account Information. When you create an account, or purchase something from us, we collect and store your name, address, email and any other information you provide to us in connection with your registration and/or purchase.

Communications. We retain records of your communications with us, such as emails, social media posts, and support chats.

Content. If you upload content to the software for purposes of using the services, we retain and store the content and we collect data and information regarding the nature or composition of that content.

Website Information. We collect data, including IP address, and analytics about the scope and duration of your visits to our website and the solutions and information for which you searched and which you viewed. This information includes, characters you type, services and links you click, and pages and content you view. We may keep a record of your various actions during your visits to our websites including using such methods as cookies and single-pixel images. We do not respond to browser-based "do not track" signals.

How we use your information

General Uses. We use your Content and other information to:

Provide you with the products and services that we offer, communicate with you, respond to your inquiries, provide troubleshooting, and for other customer service purposes.
Send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you.
Conduct analysis and gather metrics to better understand how users access and use the products and services, to evaluate and improve the Scanifly’s products and services, and to develop new products and services.
Advertise Scanifly’s products and services to you on non-Scanifly websites and measure the effectiveness of that advertising.
Comply with legal obligations, as part of our general business operations, and for other business administration purposes.
Market our products and services, by re-displaying or re-transmitting content that you have already displayed in public areas of our services or website.

Sharing your Content and information

Service providers. We share information with service providers who help us provide products and services. These include website analytics tools, payment service providers, information technology providers, and companies to whom we outsource elements of our services such as customer support. These service providers all adhere by this Privacy Policy as if they are Scanifly.

Sale of Scanifly. We may disclose or transfer your content or information, including personal information, as part of any merger, sale, and transfer of our assets, acquisition or restructuring of all or part of our business, bankruptcy, or similar event.

Advertising Partners. We share anonymized information about your use of Scanifly’s website (including IP address) with Google, Facebook and other third parties so that we can present you with advertising on non-Scanifly websites and measure the effectiveness of that advertising.

Legally required disclosure. We reserve the right to disclose information if we believe that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) protect or defend the rights or property of us or users of the services.

Third parties with whom you share Content. Any Content that you share with other parties (IE: Google, Twitter, and Facebook), is governed by the privacy policies of those companies. We are not responsible for the protection or use of your data that you share with others. Scanifly’s use and transfer of any other app information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

Notice to California Residents. A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (a "California Customer") may request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed. California Customers may request further information about our compliance with this law by e-mailing info@scanifly.com. Please note that we are required to respond to one request per California Customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

Managing your Content and information

You may opt-out of any promotional emails we send by following the instructions in the email you receive. Despite your indicated e-mail preferences, we may send you emails related to your account or transactions thereunder, or notices of any updates to our Terms or this Policy.

You may choose not to create an account thus avoid giving us your name and email address, although many features may require the creation of an account.

You can elect not to use cookies by disabling them in your browser settings or electing to not accept cookies the first time you visit one of our sites. If you want to disable cookies after having accepted them you can follow this link for instructions to remove cookies from your machine.

You may ask us to delete your account or any Content or other information about you that we hold by contacting us at info@scanifly.com.

How we protect your information

We use industry-standard methods designed to protect the transmission of sensitive information such as your password during transmission such as Secure Sockets Layer (SSL). If you create an account with Scanifly, your personal private information is protected by a password or other authentication mechanism for security. We do not store any payment card or bank account information. You are responsible for taking appropriate actions to protect your accounts, such as using secure passwords and making sure to log out when finished using a shared device or computer.

Additional Notes

United States Processing. Your information will be processed in the United States, where laws regarding the processing of information may be less stringent than the laws in your country.

13 and Older. You may only upload Content to our Services if you are at least 13 years old or older. You should not upload any Content to your Services if you are not at least 13 years old.

Confidentiality

We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer Exclusions and Limitations

The information on this application is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

Excludes all representations and warranties relating to this application and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this application and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this application. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Conduct

You must abide by the following rules of conduct while using any Scanifly Service:

Do not use services for any purpose that is unlawful or prohibited by the terms outlined within our terms and conditions.
Do not attempt to gain unauthorized access to any Scanifly services.
Do not contribute or upload any files that contain viruses, spyware, trojan horses, rootkits, worms, malware, or other destructive features.
Do not harvest or otherwise collect information about others while using any Scanifly services.
Do not create a false identity or impersonate any other person, including Scanifly personnel.
Do not misrepresent the source of anything that you contribute.
Do not publish, post or distribute any infringing, obscene, or unlawful material.
You are responsible and liable for all your activities while using any Scanifly service, including anything that you contribute.
Do not use any Scanifly services in any manner that could damage, harm, disable, overburden or impair any property or persons.
When using capturing data using your UAV/UAS/drone, you must abide by FAA regulations at all times.

Assumption of Risk

You knowingly and freely assume all risk when using or accessing the products, services, applications, website, and/or content. You assume all risks when operating the equipment we sell, if we find that you are operating your equipment contrary to federal law or FAA policies, putting lives at risk, of using Scanifly resources for malicious causes we have the right to report you to federal authorities as required by law. We are not responsible for the FAA or other government agencies inquiry into the matter and will cooperate with authorities upon request. This includes providing authorities with any information you have provided our site or employees if it is suspected you have violated federal law.

Fees and Payments

By signing up for any “Services” you agree to pay Scanifly any applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Scanifly reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on (30) days written notice to Scanifly. Checks and all major Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable methods of payment. All goods remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% per month on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $1000.00. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Automatic Renewal

Unless you notify Scanifly before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize Scanifly to collect the applicable annual or monthly subscription fee for such subscription using any credit card or other payment mechanism we have on record.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this application. Redistribution or republication of any part of this application or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Scanifly. Scanifly does not warrant that the service from this application will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify Scanifly, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Cookies

Like most interactive websites Scanifly’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to/from website

We do not monitor or review the content of other party’s websites which are linked to from Scanifly’s website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. If you do create a link to a page of the Scanifly website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which scanifly.com links, and that link to scanifly.com. Scanifly, Inc. does not have any control over ony non-Scanifly websites and webpages, and is not responsible for their content or their use. By linking to a non-Scanifly website, or webpage, Scanifly does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Scanifly disclaims any responsibility for any harm resulting from your use of non-Scanifly websites and web pages.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to Scanifly’s services and the full content of this application.

This Company’s logo is a registered trademark of Scanifly in the United States and other countries. The brand names and specific services of Scanifly featured on this website are trademarked.

Intellectual Property

This Agreement does not transfer from Scanifly to you any Scanifly or third party intellectual property, and all rights, title, and interest in and to such property will remain (as between the parties) solely with Scanifly Inc, Scanifly.com, Scanifly.solar, Scanifly3D.com, Scanifly. The Scanifly logo and all other trademarks, service marks, graphics, and logos used in connection with the Application and Website may be the trademarks of other third parties. Your use of the Website and Applications grants you no right or license to reproduce or otherwise use any Scanifly or third-party trademarks.

Limitation of Liability

To the extent not prohibited by law, in no event shall we be liable for any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, or any other damages or losses, arising out of or related to Scanifly products, content, or any other aspect of the services, content, products, applications and/or website and/or your use or inability to use our product, content, and/or website, however caused, regardless of the theory of liability (breach of contract, a breach of warranty, negligence, products liability, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages exceed the greater of ($100) one hundred dollars or the fees paid by you to us in connection with the services out of which the claims arose.

Communication

We have several different email addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

General Representation and Warranty

You represent and warrant that your use of the website and any applications will be in strict accordance with the Scanifly Privacy Statement and policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and your use of the Website and applications will not infringe or misappropriate the intellectual property rights of any third party.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, acts of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Indemnification

You agree to indemnify and hold harmless Scanifly, Inc., its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and applications, including but not limited to your violation of the Agreement.

General

The laws of the United States govern these terms and conditions. By accessing this application you consent to these terms and conditions and to the exclusive jurisdiction of the US courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied, or supplemented except in writing and signed by duly authorized representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the application and website will signify your acceptance of any adjustment to these terms. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or application indicates your understanding, agreement to, and acceptance of, the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.