Thank you for your interest in Skylark Drones’ solution offerings - Spectra, Watchtower and Drone Mission Control(“Services”). These Services are geared towards helping enterprises and drone service providers make the most of their UAVs. This agreement, the Skylark Drones Terms of Service (“Terms”), outlines the terms regarding your use of our Services. These Terms are a legally binding contract between you and Skylark Drones. (“Skylark”, “we” or “us”) so please read carefully. If you do not agree with these Terms, you may not register or use any of the Services.
Subject to your compliance with these Terms, Skylark grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
Any rights not expressly granted herein are reserved by Skylark.
By agreeing to these Terms you warrant and represent that:
Your account will be terminated immediately and without compensation if you use the Services while disregarding these eligibility criteria.
Upon registration, you will create a personalized account that includes a unique username and password (“User Information”). It is your responsibility to protect your personal data and maintain the confidentiality of your User Information. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account, or breach of your account information or password. You also acknowledge that your account and User Information is personal to you, and agree not to allow any unauthorized person to access the Service or any portion of it using your User Information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms. The Company will not be liable for any loss that you may incur as a result of someone else using your User Information, either with or without your knowledge.
By using the Services, you acknowledge that you are solely responsible and assume all risks for:
Unless otherwise stated, all proprietary rights related to the Services are owned and operated by Skylark. Unless otherwise specifically permitted in writing, you must not (a) reproduce, duplicate, copy, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit any portion of the Services; (b) modify, disassemble, decompile or reverse engineer any of the Services; (c) remove, circumvent, disable, damage or otherwise interfere with security-related features that prevent or restrict use or copying of any portion of the Services; (d) remove or delete any copyright, trademark or other proprietary rights notices from any portion of the Services; or (e) use our names, logos, product and service names, trademarks or services marks unless expressly permitted in writing.
You own all of the generated or posted messages, reviews, video, maps, models, folders, data, text, photographs, images, and data gathered by a drone or device (“User Content”) you post or submit on the Services. By using the Service, you grant Skylark a non-exclusive, irrevocable, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content. By publicly sharing User Content, you hereby grant to other users of the Service a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you represent, and warrant that: you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Skylark and users of the Service to use and distribute your User Content; and your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe any third-party right, including any intellectual property, privacy or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Skylark may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Skylark with respect to User Content.
The Services may contain or be accompanied by software code provided by third parties (“Third Party Software”) that is subject to separate license terms (the “Third Party Terms”), and not any license contained in these Terms. Your use of the Third Party Software in conjunction with the Service in a manner consistent with the Terms is permitted. However, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third Party Software.
You will be required to pay certain fees in order to use the Services (the “Fee” or “Fees”). The Fees will be set by Skylark, in its sole and complete discretion, and shall be as set forth in an applicable Master Agreement and corresponding Services Order(s) or Supplemental Services Order(s), which may be amended by Skylark from time to time. All Fees, including any related expenses and payment terms, shall be governed by the Master Agreement and corresponding Services Order Form(s) or Supplemental Services Order(s), which are hereby incorporated into these Terms.
In the event of a conflict between these Terms and any terms or conditions of a Master Agreement (inclusive of all corresponding or related Services Order Form(s) or Supplemental Services Order Form(s)), the terms and conditions of the Master Agreement will control.
You agree that we may suspend, discontinue or terminate your use of the Services at any time with or without cause. Likewise, you may terminate your account at any time. You are not entitled to any compensation whatsoever in the event of termination.
The following Sections shall survive and remain in full force and effect despite termination: Your Responsibilities, Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Indemnity, as well as Governing Law and Applicable Jurisdiction.
Please read our Privacy Policy on how we treat your information after discontinuing the use of the Services and closing your account.
You expressly understand and agree that the use of the Services is at your sole risk. The Services are provided on an as-is-and-as-available basis. Skylark expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Skylark makes no warranty that the Services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the Services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the Services or the download of any such material. no advice or information, whether written or oral, obtained by you from Skylark, its employees or representatives shall create any warranty not expressly stated in the terms.
You agree that Skylark shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if Skylark has been advised of the possibility of such damage. In no event shall Skylark’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.
You agree that any cause of action related to or arising out of your relationship with the company must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.
You agree to indemnify, defend, and hold harmless Skylark Drones, its officers, directors, employees, managers, shareholders, agents, representatives, partners and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) your access to or use of the services, (ii) your violation of these terms, (iii) Skylark Drones’ use of your content, (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or (v) your violation of any law or the rights of any third party. Skylark reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without our prior written consent. Skylark will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
If any provision of these Terms is found to be illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision will, as to such jurisdiction only, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability of the remaining provisions of these Terms of Service.
You agree to use all reasonable efforts to resolve any dispute, controversy, claim or disagreement of any kind whatsoever between or among us in connection with or arising out of these Terms, including any question regarding its existence, validity or termination, expediently and amicably to achieve timely and full performance of these Terms.
Any party which claims that a dispute has arisen must give notice thereof to the other parties as soon as practicable, after the occurrence of the event, matter or thing which is the subject of such dispute and in such notice such party shall provide particulars of the circumstances and nature of such dispute and of its claim(s) in relation thereto and shall designate a person as its representative for negotiations relating to the dispute, which Person shall have authority to settle the dispute. The other parties shall, within [7 (Seven)] days of such notice, each specify in writing its position in relation to the dispute and designate as their representative in negotiations relating to the dispute a person with similar authority.
The aforesaid designated representatives shall use all reasonable endeavours including engaging in discussions and negotiations to settle the dispute within [10 (10)] days after receipt of the particulars of the dispute.
If the dispute is not resolved within the [10(Ten)] days period set out above, then the dispute shall be presented in a court with jurisdiction over the matter.
The time period(s) specified in this agreement for performance of the services rendered pursuant to these Terms shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Skylark, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pandemics, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, changes in law, and/or acts of any governmental agency.
These Terms shall be governed by and construed in accordance with the laws of India and, the courts in Bengaluru shall have exclusive jurisdiction.
We reserve the right to change these Terms at any time and without notice. The date at the top of this page indicates when revisions were last made. Modified versions of these Terms are effective upon publication on the website. By continuing to use the Services, you agree to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the modified Terms, we may revoke the license granted to you and terminate your subscription and account with immediate effect and without compensation.
Skylark Drones may provide you with written notices under these Terms by posting such notices and/or sending such notices to you by the most recent e-mail or other electronic communication means you provided to Skylark Drones. You may provide us with written notices under these Terms by sending such notices to us at info@skylarkdrones.com or at:
Skylark Drones
IKP Eden, 16, Bhuvanappa layout,
Tavarekere Main Rd, Kaveri Layout,
S.G. Palya, Bengaluru, Karnataka 560029
If you believe that any of the terms of service mentioned above have been breached, you may write to our Grievance Redressal Officer.
Name: Mr. Mughilan Thiru Ramasamy
e-mail: trmughilan@skylarkdrones.com
IKP Eden, 16, Tavarekere Main Rd, Bengaluru, Karnataka 560029
India Address
IKP Eden, 16, Tavarekere Main Rd, Bengaluru, Karnataka 560029
