Please read these Terms of Use carefully. By accessing or using SOL-CS, AIRAg SOL-CS, our website or any related service, or by creating an account, you agree to be bound by these terms and enter a legal agreement with the Company. If you do not agree, you must not use the Services.
1. Definitions and interpretation
1.1 In these Terms of Use:
- Airspace Information means airspace boundaries, restrictions, NOTAMs, aerodrome and helicopter landing site information, weather, live aircraft information and any other aeronautical or regulatory information shown in the Services, whether supplied by us or by a Third-Party Source.
- Apps means the SOL-CS application and the AIRAg SOL-CS application, including their web, mobile and desktop versions, updates and new features.
- Company, we, us and our mean E2O Solutions (ABN 72 083 074 245).
- Confidential Information means information, in any form, that one party discloses to the other in connection with these terms and that relates to the discloser's business, products, customers or affairs, but excludes information that is publicly available.
- Customer Data means all data, records, files, photographs, flight logs, job details, maintenance records, chemical and application records and other content that you or your Users enter into, upload to or sync with the Services.
- Intellectual Property Rights means all intellectual property rights anywhere in the world, including copyright, trade marks, designs, patents, rights in software and source code, databases, trade secrets and confidential information, whether registered or not.
- Personal Information has the meaning given in the Privacy Act.
- Privacy Act means the Privacy Act 1988 (Cth).
- Product Data means all results, reports, alerts, templates, analytics, metadata and other data generated by the Services or supplied by us in the ordinary course, other than Customer Data.
- Services means the Apps and all products, platforms, integrations and data that we promote on our website, supply to you or make available to you through the Apps.
- Subscription Fee means the monthly or annual fee payable for use of the Services, together with any additional fees for add-ons or extra aircraft, Users or features.
- Territory means Australia.
- Third-Party Source means any provider of data or functionality that we integrate with or rely on, including aircraft manufacturers and their cloud services (such as DJI), aviation authorities and air navigation providers, weather and mapping providers, and registered chemical or product databases.
- User means any person you authorise to access the Services under your account, including anyone to whom you give login details.
- You and your mean the person or organisation to whom we supply the Services, and include any User unless the context requires otherwise.
1.2 Headings are for convenience only. The words "include" and "including" are not words of limitation. The singular includes the plural, and a reference to a person includes a company, trust, partnership or other entity.
2. Acceptance of these terms
2.1 We make the Services available to you on these terms, which also apply to every update, enhancement and new feature of the Services.
2.2 By creating an account or using the Services, you (and each User acting for you) confirm that you have read and understood these terms, agree to be bound by them and agree to follow all applicable laws, including aviation, workplace safety, privacy and agricultural chemical laws.
2.3 If you accept these terms on behalf of an organisation, you confirm that you have authority to bind it.
2.4 You confirm that you are at least 18 years old, that you are using the Services for business purposes, and that you have the legal capacity to enter into these terms.
3. Changes to these terms
3.1 We may change these terms by posting the updated version on our website or in the Apps, or by notifying you. We will update the "Last updated" date when we make a material change and will give you at least 30 days' notice of any change that materially reduces your rights.
3.2 Your continued use of the Services after a change takes effect means you accept it.
3.3 If you and we have signed a separate written agreement (a Specific Agreement), clauses 3.1 and 3.2 do not apply to you unless you agree in writing to the change, and if the Specific Agreement conflicts with these terms, the Specific Agreement prevails.
4. Licence and restrictions
4.1 When you register, pay the Subscription Fee or otherwise use the Services, we grant you a non-exclusive, non-transferable, non-sublicensable licence to access and use the Services in the Territory for your own internal business purposes, including commercial purposes in the ordinary course of your business (the Licence).
4.2 You must use the Services only as permitted by the Licence.
4.3 You are not a reseller of the Services and must not hold yourself out as one.
4.4 Except as these terms expressly allow, or as the law permits, you must not, and must not encourage anyone else to:
- (a) decompile, disassemble or reverse engineer any part of the Services, including source code, algorithms or methods;
- (b) copy, modify or create derivative works of the Services or Product Data;
- (c) distribute, resell, rent, lease, sublicense, publish, disclose or incorporate into any database any part of the Services or Product Data, or use them for the benefit of anyone other than you;
- (d) remove or alter any copyright, trade mark or other proprietary notice;
- (e) scrape, crawl, data mine or send automated queries to the Services, except through an API or integration that we have approved in writing;
- (f) use the Services to build or train a competing product or service; or
- (g) interfere with or disrupt the Services or attempt to gain unauthorised access to them.
4.5 You must give us accurate and complete information when you register and keep it up to date. You must not enter false, fraudulent or unlawful content.
4.6 You must keep login details secure and tell us immediately if you suspect unauthorised use of your account.
4.7 You are responsible for your Users. You must make sure they comply with these terms, and you are liable for their acts and omissions.
4.8 If you are a User and not the account holder, your use of the Services is governed by these terms.
4.9 You must not use the Services to plan, record or carry out any operation that breaches the law, endangers people, property or other aircraft, or breaches a licence, approval or condition that applies to you.
5. Use of the Services
5.1 You access the Services through our website, the Apps or any other URL or channel we notify.
5.2 You are responsible for obtaining the equipment, internet access and software needed to use the Services, and for all related costs.
5.3 We will provide support for the Services for as long as you are registered, but we are not required to help you set up your own devices, networks or third-party accounts.
5.4 We will use reasonable care to keep the Services available but do not guarantee uninterrupted access. We may carry out maintenance and may suspend or change features where reasonably necessary.
6. Fees and payment
6.1 You must pay the Subscription Fee for the plan you choose. Fees may be charged per aircraft, per User or per feature, as shown on our website or in your plan.
6.2 You can pay through the payment portal by credit card, Stripe, PayPal or electronic funds transfer. We will email you an invoice and receipt (a tax invoice, if we are registered for GST).
6.3 If we are registered for GST, fees are exclusive of GST, which you must pay in addition when we issue a tax invoice.
6.4 We may change the Subscription Fee by giving you at least 30 days' written notice. A change takes effect at your next renewal and does not affect a period you have already paid for.
6.5 If you add aircraft, Users or features during a billing period, we may charge the additional fee pro rata for the rest of that period and in full afterwards.
6.6 We may suspend or cancel the Services if a payment is overdue, after giving you notice and a reasonable chance to pay.
6.7 Subject to your rights under the Australian Consumer Law, you are not entitled to a refund because you used the Services little or not at all.
6.8 Renewal Unless your plan says otherwise, your subscription renews automatically at the end of each billing period, for the same period and at the fee then current, until you cancel under clause 15.5. We will give you at least 14 days' notice before an annual renewal.
7. Intellectual property and data
7.1 Customer Data You own your Customer Data and all intellectual property that you create or that exists independently of the Services. You are responsible for the accuracy and legality of your Customer Data.
7.2 Our licence to use Customer Data You give us a non-exclusive licence to host, process, copy and display your Customer Data as needed to provide, support and improve the Services, and to create de-identified and aggregated data that does not identify you or any individual.
7.3 Product Data and the Services We own all rights in the Services and Product Data, including improvements and new features. You gain no rights in them except the Licence.
7.4 Exports You may export your compliance documents and records (such as flight logs, inspection reports, safety reports and application records) using the export functions of the Services. You are responsible for periodically exporting and keeping your own copy of records that you must retain by law.
7.5 No challenge You must not infringe, harm or challenge our ownership of the Services or Product Data.
7.6 Our obligations to retain data Apart from what is needed to provide the Services, we have no obligation to keep or return Customer Data after your account ends, except as set out in clause 16.
7.7 Feedback If you give us suggestions or feedback about the Services, you give us a perpetual, royalty-free licence to use it without obligation to you. We will not identify you or disclose your Customer Data when we do so.
8. Third-party sources and integrations
8.1 The Services rely on Third-Party Sources, including aircraft cloud services, airspace and aeronautical data providers, weather providers and mapping providers. We do not control them and may change or stop using a source at any time.
8.2 Some features, such as syncing flight logs from an aircraft manufacturer's cloud account, need you to link your own third-party account. You must have the right to do so, and you authorise us to access that account and retrieve your data on your behalf. You must follow the third party's terms, and we are not liable if a third party changes or withdraws its service or restricts our access.
8.3 Data from Third-Party Sources is subject to those sources' licences and terms, which may limit how you can use, copy or share it. You must comply with those limits.
8.4 We are not responsible for errors, delays or omissions in data supplied by a Third-Party Source.
9. Airspace and regulatory information
9.1 Airspace Information in the Services is for situational awareness and planning only. It is advisory, may be incomplete or out of date, and is not approved under Part 175 of the Civil Aviation Safety Regulations 1998 (CASR Part 175) unless we expressly say otherwise.
9.2 Airspace Information must not be used for air navigation.
9.3 You must not treat information in the Services as an approval, authorisation or clearance to fly.
9.4 You remain solely responsible for confirming airspace status, restrictions, NOTAMs and weather using official sources, and for obtaining every licence, approval, authorisation and permission your operations need, including under CASR Part 101 and Part 137 (where relevant) and from landowners, local authorities and aerodrome operators.
9.5 The pilot in command remains responsible for the safety of each operation and for identifying hazards and risks that the Services do not show.
9.6 We do not warrant that using the Services will make you compliant with any law or standard.
10. AIRAg SOL-CS: agricultural and aerial application records
10.1 This clause applies if you use AIRAg SOL-CS or any feature that records agricultural, spray or chemical application work.
10.2 Chemical product, label and registration information in the Services comes from third-party databases and is provided for convenience only. Product labels, permits and safety data sheets are the authoritative source, and you must read and follow them.
10.3 You are solely responsible for complying with all laws on agricultural and veterinary chemicals, spray drift, buffer zones, record-keeping, licensing, accreditation, environmental protection and workplace health and safety, in every state or territory where you operate.
10.4 Calculations, rate suggestions, flight-path or coverage information, job plans and reports produced by the Services are aids to your own judgment. You must check them before relying on them.
10.5 We are not responsible for crop damage, off-target drift, contamination, chemical residue or breaches of chemical-use rules arising from your operations.
11. Limited warranty
11.1 To the fullest extent permitted by law, we exclude all warranties, and we do not warrant that:
- (a) the Services will meet your requirements or suit a particular purpose;
- (b) the Services, Airspace Information or Product Data will be error free, complete or current;
- (c) the Services will be uninterrupted, always available or completely secure;
- (d) data stored in the Services will be accurate, reliable or secure from loss; or
- (e) all errors or defects will be corrected, although we will use reasonable endeavours to correct them within a reasonable time.
11.2 Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, that you have under the Australian Consumer Law or other legislation that cannot lawfully be excluded.
12. Limitation of liability
12.1 To the maximum extent permitted by law, our total liability to you for all claims arising from or connected with the Services is limited to the Subscription Fee you paid in the 12 months before the event that gave rise to the claim.
12.2 To the maximum extent permitted by law, we are not liable for loss of profits, loss of business, loss of data, loss of opportunity, indirect or consequential loss, or for losses resulting from your breach of aviation, chemical or other laws, or from your reliance on Airspace Information or third-party data.
12.3 Clauses 12.1 and 12.2 do not apply to the extent that a loss is caused by our fraud, our wilful misconduct or our negligence, or to liability that cannot be limited by law.
12.4 Where the law allows us to limit our liability for breach of a non-excludable guarantee, we limit it, at our option, to resupplying the Services or paying the cost of having them resupplied.
12.5 Nothing in these terms excludes or limits liability for death or personal injury caused by our negligence, or any liability that the law does not allow to be excluded or limited.
13. Confidential information
13.1 Each party (the Recipient) must keep the other party's Confidential Information confidential and use it only to perform or receive the benefit of these terms.
13.2 A Recipient may disclose Confidential Information:
- (a) to its officers, employees and professional advisers who need to know and are bound by equivalent confidentiality duties;
- (b) to the extent needed to perform its obligations under these terms; or
- (c) if the law requires, provided the Recipient gives the other party prompt notice where lawful, discloses only what is required and follows the other party's reasonable directions.
14. Indemnity
14.1 You indemnify us against any loss, damage, cost or expense (including reasonable legal costs) that we incur because of a third-party claim arising from:
- (a) your breach of these terms;
- (b) your Customer Data or your Users' use of the Services;
- (c) your operations, including any aircraft operation, chemical application or breach of law; or
- (d) any representation you make to others based on the Services or Product Data.
14.2 The indemnity is reduced to the extent that our own negligence or wilful misconduct caused or contributed to the loss.
15. Breach, suspension and termination
15.1 If you or your Users breach these terms, we may, at our election:
- (a) suspend or terminate your access immediately by written notice;
- (b) claim damages for loss we suffer because of the breach; or
- (c) refer unpaid amounts to a debt collector.
15.2 We may also suspend or terminate your access if we reasonably believe you have used or disclosed the Services, Product Data or Confidential Information in a way these terms do not allow, if you have materially breached these terms, or if a Force Majeure Event (as defined in clause 20.8) affects our ability to provide the Services.
15.3 If someone other than you uses the Services and that use is attributable to your act or default, you must pay us the fees that person would have paid had we licensed them from the start of the unauthorised use, without limiting our other rights.
15.4 Either party may terminate the Licence by written notice if the other:
- (a) becomes insolvent; or
- (b) commits a material breach that cannot be fixed, or a breach that can be fixed but is not fixed within 30 days of written notice.
15.5 You may cancel your subscription at any time by following the cancellation process in the Apps or on our website. Cancellation takes effect at the end of your current paid period unless we agree otherwise.
16. Consequences of termination
16.1 When the Licence ends, your right to use the Services and Product Data ends immediately.
16.2 For 30 days after termination, you may request an export of your Customer Data. After that, we may delete it, except where the law requires us to keep it. You must promptly return or destroy any of our Confidential Information.
16.3 Termination does not release either party from liability for a breach that happened before termination, and does not affect any right or remedy that arose before it.
17. Refusal of service
17.1 Acting reasonably, we may refuse to supply the Services to any person or organisation, or refuse to let a User register, without giving a reason.
18. Privacy
18.1 We handle Personal Information in line with the Privacy Act and our Privacy Policy, which is available on our website.
18.2 To the extent the Services contain Personal Information (including about other Users, staff, customers or landholders), you must:
- (a) comply with the Privacy Act, whether or not it binds you;
- (b) use Personal Information only for the purposes for which it was disclosed to you; and
- (c) take reasonable steps to avoid causing a breach of the Privacy Act.
18.3 You are responsible for obtaining any consents or giving any notices needed to place Personal Information in the Services, including images or location data that identify people.
18.4 Data breaches If we become aware of an eligible data breach (as defined in the Privacy Act) affecting Personal Information in your Customer Data, we will assess it and notify you and, where required, the Office of the Australian Information Commissioner, as the Privacy Act requires.
18.5 Hosting and service providers We may use cloud hosting and other service providers to store and process Customer Data, and some of them may be located outside Australia. We take reasonable steps to make sure they handle Personal Information consistently with the Australian Privacy Principles.
18.6 Privacy queries Any privacy query, complaint, or request to access or correct Personal Information must be sent to info@e2osolutions.com.au. We aim to respond to privacy access and correction requests within 30 days, and will tell you if we need longer.
19. Governing law
19.1 These terms are governed by the laws of New South Wales and the Commonwealth of Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales.
20. General
20.1 You may not assign or transfer your account or these terms without our prior written consent, which we may withhold in our discretion.
20.2 If any provision is unenforceable, it is to be read down so that it is enforceable, or, if that is not possible, severed, without affecting the rest of these terms.
20.3 A right is waived only in writing signed by the party giving the waiver. A delay or failure to exercise a right is not a waiver.
20.4 These terms are not to be interpreted against a party because that party prepared them.
20.5 Nothing in these terms creates a partnership, agency or employment relationship.
20.6 These terms, together with any Specific Agreement and our Privacy Policy, are the entire agreement between you and us about the Services.
20.7 Notices to us must be sent to info@e2osolutions.com.au. We may give notices to you through the Apps or at the email address on your account.
20.8 Force majeure A Force Majeure Event is an event beyond a party's reasonable control, including natural disaster, severe weather, fire, flood, war, terrorism, epidemic, government action, power or telecommunications failure, or a widespread failure of a third-party service that we do not control. A party is not liable for failing to perform an obligation (other than to pay money) to the extent a Force Majeure Event prevents it, provided it notifies the other party promptly and takes reasonable steps to resume performance.
20.9 Electronic communications You agree that we may give you notices, invoices and other communications electronically, and that these terms may be accepted electronically.
20.10 Assignment by us We may assign or transfer our rights and obligations under these terms to a related body corporate or to a successor to our business, by notice to you.
20.11 Survival Clauses 1, 7, 9, 10, 11, 12, 13, 14, 16, 18, 19 and 20, and any other provision that by its nature is intended to survive, continue after these terms end.
20.12 Disputes If a dispute arises, the party raising it must give the other written notice describing it. The parties must try in good faith to resolve it within 30 days and, if they cannot, must refer it to mediation by the Australian Disputes Centre or another mediator that the parties agree before starting court proceedings. This clause does not stop either party from seeking urgent injunctive or other interim relief.
20.13 Queries and contact All queries, complaints and requests about these terms or the Services must be referred to info@e2osolutions.com.au. We aim to acknowledge queries within 2 business days and to respond within 10 business days. These are targets only and are not a guarantee, and they do not limit your rights under law.