Terms and conditions
AiroCollect – Terms and Conditions of Use
Effective as of 30/01/2026
Hello, and welcome to the AiroCollect Terms and Conditions of Use (“Terms”). The Terms you see below are important because they:
- Outline your legal rights related to AiroCollect
- Explain the rights you give to us when you use AiroCollect
- Describe the rules everyone needs to follow when using AiroCollect
Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully.
Introduction
Airobot NV is a company incorporated under Belgian law, having its registered offices in Belgium, Lichtenberglaan 1090 – 201, 3800 Sint-Truiden, registered under company number 0603.992.571 (hereafter “Airobot”, “we,”, “us”, “our”).
Airobot offers a cloud-based software platform (hereafter “AiroCollect”) to process, analyse and share data collected with drones (together “Service(s)”). We make using aerial data collected with drones easily accessible for everyone. AiroCollect is cloud-based, so you can access it through the web and through a number of device types (e.g., desktop, laptop, tablets, and smartphone devices).
By signing up to AiroCollect via an online sales process or otherwise using the Service or accessing any content or material that is made available through the Service (“Content”) you are entering into a binding contract with Airobot in accordance with the Terms and Conditions of Use (hereafter the “Terms”).
1 Changes to the Terms
We do not unilaterally modify the Terms during the term of your Subscription. When we want to make changes to the Terms we will display a prominent notice and seek your consent within the Service (e.g. through the display of the modified Terms and use of an “I agree” tick box). If you consent with the modified Terms, the modified Terms will immediately replace the existing Terms. If you do not consent with the modified Terms, the existing Terms remain applicable for the term of your Subscription. At the end of your Subscription you will have to choose to either stop your Subscription, either renew it under (and hence accept) the modified Terms.
- Using AiroCollect
General use and Use Restrictions
You represent that
- you will follow any Use Restrictions made available to you within the Service. You will not misuse the Service. This implies amongst other things that you will not interfere with the Service nor try to access it using a method other than the interface and the instructions that we provide. Don’t remove, obscure, or alter any legal notices displayed in or along with our Service.
- you will only use the Service for civil end-use purposes and you will not use the Service for any purposes prohibited by applicable law, nor in particular for any purpose connected with chemical or biological or nuclear weapons, or missiles or UAVs capable of delivering such weapons.
- In general you will only use the Service as permitted by law, including applicable export and re-export control laws and regulations.
- the Service is offered exclusively in a business-to-business (B2B) context and for business customers. You represent and warrant that you (i) are not acting as a consumer and (ii) will only use the Service within the context of your business or professional activity.
In connection with your use of the Service, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
We may suspend or stop providing our Services to you if you do not comply with our Terms including our Use Restrictions, or if we are investigating suspected misconduct.
If you have other Users using the Service on your behalf under a specific Subscription entered into on your name, you are responsible for each of your Users’ compliance with these Terms including the Use Restrictions. All acts of your Users will be considered acts of you for which you are accountable.
Service Options
The Service is provided exclusively as software as a service (SaaS) on a subscription basis. You can find a description of our Service options on our website (https://airocollect.com/), where we explain which Service options are available to you. Certain options are one time only, free of charge and are currently referred to as the “Basic Service (Free)”. Other options require payment before you can access them (“Paid Subscriptions”). You can choose between a Paid Subscription that can be cancelled monthly (“a Monthly Subscription”) and a Paid Subscription (offered with a price advantage) for a full year (“a Yearly Subscription”). The number of geoscans and dronescans, as well as the number of allowed Users and drones may differ for the different Paid Subscription Plans, and whether you opt for a Small, Medium, Large, Extra Large or Enterprise formula. We may also offer special promotional plans, memberships, or services. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
User Responsibility
You represent that:
- you are not located in a country that is subject to an EU or US embargo, or that has been designated by the EU or US as a “terrorist supporting” country, and
- you or any of your employees, agents, officers or subcontractors are not listed on any EU or US list of prohibited or restricted parties.
You must at all times comply with all applicable local, state, federal, and international laws and regulations related to the operation of unmanned aerial devices and your use of the Service in your territory of operation, including any applicable laws with regard to privacy, export and re-export control laws and regulations. You will obtain and maintain all necessary licenses, consents, and authorizations of any kind.
Your User Account
You will need a User Account to use our Services. You may create your own User Account, or your User Account may be assigned to you by an administrator, such as your employer (hereafter “Head User Account”). An account is defined as one named individual user (“User”) that can use the Service at a time. Multiple Users may not use the same User Account, and only one human being can be associated with a particular User Account. If you are using a User Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
When creating your User Account, you must provide a login and password, as well as a valid VAT identification number of the (individual or legal) person that has entered into the Subscription that you will be using and that operates the Head User Account. Your User Account will only be opened if there is a (currently valid) Subscription associated with the above specified VAT identification number, and if the number of Users included in the Paid Subscription formula chosen, has not yet been reached.
To protect your User Account, keep your password confidential. You are responsible for the activity that happens on or through your User Account. Try not to reuse your User Account password on third-party applications.
2 Ownership; Intellectual Property Rights
The Service is owned and operated by Airobot. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Airobot, are protected by intellectual property rights belonging to Airobot or a third party with whom Airobot has entered into an agreement. Except as expressly authorized by Airobot, you may not make use of the Materials. These Terms do not grant you the right to use any branding or logos used in our Services.
To the extent required for the intended use of the Services, Airobot gives you a personal, worldwide, royalty-free, non-assignable and non- exclusive license to use the software and access the databases, provided to you by Airobot as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Airobot, in accordance with these Terms and the chosen Subscription formula. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Using our Services does not give you ownership of any intellectual property rights in the content you access other than as expressly set out in these Terms. You must not use content from our Services (except User Content) unless you obtain permission from its owner or are otherwise permitted by law.
In addition, we will own any and all right, title, and interest in, and to any feedback, suggestions, information, or materials you convey to us related to the Service in connection with your use of the Service (“Feedback”). You hereby assign to Airobot all right, title, and interest in such Feedback.
3 Third Party Applications
The Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third-Party Applications”) to make our Service available to you. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications may be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Airobot does not endorse and is not responsible or liable for the behaviour, features, or content of any Third-Party Application, nor for any transaction you may enter into with the provider of any such Third-Party Application, nor does Airobot warrant the compatibility or continuing compatibility of the Third-Party Applications with the Service.
Airobot also uses Third-Party Applications and in particular open source software in its Services. You can find a list of these Third-Party Applications (open source software included) via the following link.
https://github.com/potree/potree
http://www.openstreetmap.org/copyright
https://github.com/NASA-AMMOS/3DTilesRendererJS
https://github.com/micmacIGN/micmac
https://github.com/colmap/colmap
https://github.com/cdcseacave/openMVS
https://github.com/openMVG/openMVG
https://github.com/mkazhdan/PoissonRecon
https://trac.osgeo.org/geotiff/
https://github.com/CesiumGS/3d-tiles-tools
https://github.com/OpenDroneMap/Obj2Tiles
https://pymeshlab.readthedocs.io/en/latest/
Vlaanderen: https://geo.api.vlaanderen.be/bu-core2d/ogc/features/v1/collections/Building
Brussel: https://geoservices-urbis.irisnet.be/geoserver/urbisvector/wfs
Wallonië: https://geoservices.wallonie.be/arcgis/rest/services/PLAN_REGLEMENT/CADMAP_2024_PARCELLES/MapServer
North Rhine-Westphalia: https://www.wfs.nrw.de/geobasis/wfs_nw_alkis_vereinfacht
Berlin: https://gdi.berlin.de/services/wfs/alkis_gebaeude
Brandenburg: https://isk.geobasis-bb.de/ows/alkis_vereinf_wfs
Hamburg: https://geodienste.hamburg.de/HH_WFS_INSPIRE_Gebaeude_2D_ALKIS
Lower Saxony: https://www.inspire.niedersachsen.de/doorman/noauth/alkis-dls-bu-core2d
Saxony-Anhalt: https://geodatenportal.sachsen-anhalt.de/ows_INSPIRE_LVermGeo_ALKIS_BU_WFS
Saxony: https://geodienste.sachsen.de/aaa/public_alkis/nas/wfs
Bremen: https://geodienste.bremen.de/wfs_alkis_hausumringe
Baden-Württemberg: https://owsproxy.lgl-bw.de/owsproxy/wfs/WFS_INSP_BW_Gebaeude_ALKIS
Hesse: https://inspire-hessen.de/ows/services/org.2.52e0c45e-1bf0-4574-a448-763317db416d_wfs
Thuringia: https://www.geoproxy.geoportal-th.de/geoproxy/services/adv_alkis_wfs
Rhineland-Palatinate: https://geo5.service24.rlp.de/wfs/alkis_rp.fcgi
Schleswig-Holstein: https://service.gdi-sh.de/SH_INSPIREDOWNLOAD_AIII_BU
Vlaanderen: https://remotesensing.vlaanderen.be/apps/openlidar/#collapseDataDownload
Brussel: https://datastore.brussels/web/data/dataset/ff1124e1-424e-11ee-b156-00090ffe0001#details
Wallonië: https://geoportail.wallonie.be/catalogue/3ef17388-54cd-4034-baad-d247243123c2.html
Frankrijk: https://cartes.gouv.fr/telechargement/IGNF_NUAGES-DE-POINTS-LIDAR-HD
Nederland: https://basisdata.nl/hwh-portal/progress/index.html?x=657192.28996&y=6825694.08645&z=8
England: https://environment.data.gov.uk/survey
Ierland: https://dcenr.maps.arcgis.com/apps/webappviewer/index.html?id=b7c4b0e763964070ad69bf8c1572c9f5
Schotland: https://remotesensingdata.gov.scot/data#/map
Wales: https://datamap.gov.wales/maps/lidar-data-download/view#/
Luxemburg: https://davidmoraisferreira.github.io/lidar-coverage-map-luxembourg/index.html
Bayern: https://geodaten.bayern.de/opengeodata/OpenDataDetail.html?pn=laserdaten
Berlijn: https://gdi.berlin.de/geonetwork/srv/api/records/85a97801-36bb-4627-8790-f5e53b1e38b3
Brandenburg: https://geobasis-bb.de/lgb/de/geodaten/3d-produkte/laserscandaten/#
Bremen en Bremenhaven: https://geoportal.bremen.de/geoportal/?Map/layerIds=11,26_1,10506,10116&visibility=true,true,true,true&transparency=0,0,0,0&Map/center=[481553.9694444183,5884828.401962801]&Map/zoomLevel=2#
Hamburg: https://geoportal-hamburg.de/?mdid=70B957B1-223A-406D-991B-17775FAED3A1#
Saxony: https://www.geodaten.sachsen.de/downloadbereich-digitale-hoehenmodelle-4851.html
Saxony-Anhhalt: https://www.lvermgeo.sachsen-anhalt.de/de/gdp-open-data.html
Lower-Saxony: https://ni-lgln-opengeodata.hub.arcgis.com/apps/lgln-opengeodata::digitales-oberflächenmodell-dom1/about
Nordhrein-Westfalen: https://www.opengeodata.nrw.de/produkte/geobasis/hm/3dm_l_las/3dm_l_las/
Baden-Wurttemberg: https://www.lgl-bw.de/Produkte/3D-Produkte/Laserscandaten/ALS_3/
Hessen: https://bodenviewer.hessen.de/mapapps/resources/apps/bodenviewer/index.html?lang=en
Thuringia: https://geoportal.thueringen.de/gdi-th/download-offene-geodaten/download-hoehendaten
Rheinland-Pfalz: https://geoshop.rlp.de/opendata-dom1.html
Schlegwig-Holstein: https://geodaten.schleswig-holstein.de/gaialight-sh/_apps/dladownload/dl-bdom.html
Antwerpen: https://s3-ant1.antwerpen.be/prd-3d/dl
Brussel: https://datastore.brussels/web/data/dataset/e9ec2aa4-cffd-11ee-bccc-00090ffe0001#access
Luxembourg: https://data.public.lu/fr/datasets/base-de-donnees-nationale-des-batiments-3d-2023/
Bayern: https://geodaten.bayern.de/opengeodata/OpenDataDetail.html?pn=lod2
Berlijn: https://www.businesslocationcenter.de/berlin3d-downloadportal/#/export
Brandenburg: https://data.geobasis-bb.de/geobasis/daten/3d_gebaeude/lod2_gml/
Bremen en Bremenhaven: https://metaver.de/trefferanzeige?docuuid=226971C2-6677-4B79-95F3-C5311F1275C8&q=bremen LoD
Hamburg: https://geoportal-hamburg.de/?map=3D#LayerInfoDataDownload
Saxony: https://www.geodaten.sachsen.de/downloadbereich-digitale-3d-stadtmodelle-4875.html
Saxony-Anhalt: https://www.lvermgeo.sachsen-anhalt.de/de/gdp-download-lod2-landesweit.html
Lower Saxony: https://ni-lgln-opengeodata.hub.arcgis.com/apps/lgln-opengeodata::digitales-oberflächenmodell-dom1/about
Nordhrein-Westfalen: https://www.opengeodata.nrw.de/produkte/geobasis/3dg/lod2_gml/lod2_gml/
Baden-Wurttemberg: https://opengeodata.lgl-bw.de/#/(sidenav:product/lod2)
Hessen: https://www.geoportal.hessen.de/spatial-objects/831
Thuringia: https://geoportal.thueringen.de/gdi-th/download-offene-geodaten/download-3d-gebaeudedaten
Rheinland-pfalz: https://geoshop.rlp.de/opendata-geb3dlo.html
Schlegwig-Holstein: https://geodaten.schleswig-holstein.de/gaialight-sh/_apps/dladownload/dl-lod2.html
4 Rights you grant us
Certain features of the Service may permit Users to generate or post content, including messages, reviews, video, maps, models, folders, data, text, photographs, images, and data gathered by a drone or device (“User Content”). You retain ownership of any intellectual property rights that you hold in such User Content. In short, what belongs to you stays yours.
To provide and improve our Service, we do require a license to your User Content, so that we can store your data on our servers, process it and transmit it to you: when you upload, submit, store, send or receive content to or through our Services, you hereby grant to Airobot (and those we work with) a non-exclusive, worldwide license to use, store, reproduce, process, modify, publish, transmit, display, and distribute your User Content. The rights you grant in this license are for the limited purpose of operating and improving our Services, and to develop new products and services. This license continues even if you stop using our Services.
Why do we need these rights? The following situations are a few examples of where or when we would need these rights:
- To receive your uploaded images, we need the right to store and transmit the data.
- We need the rights to store, transmit, process, modify the User Content (images) to turn your images into maps and 3D models.
- If you would like to see the resulting maps/models and share them with people you have selected using Airobot, we need the rights to transmit, display and distribute your User Content.
We can’t share or distribute your User Content without your permission, but we need these rights of use to provide and improve the Service.
5 User Generated Content
You are solely responsible for your User Content and the consequences of posting or publishing User Content. You shall, at your sole cost and expense, obtain and maintain in effect all permits, licenses and other consents necessary to conduct your respective activities hereunder.
Furthermore, by posting and publishing User Content, you represent, and warrant that:
- you obtained all export permits required in relation to the transfer to or input in the Service of User Content
- you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Airobot and Users of the Service to use and distribute your User Content;
- 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.
6 User Content Disclaimer
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. Airobot 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 rights or remedies you have or may have against Airobot with respect to User Content.
7 Data Storage Policy
After a one month free trial (“Basic Service”) or a Paid Subscription has expired or has been terminated, all processed maps and point-clouds that were created on the AiroCollect platform with the associated User Account may be removed 30 days (after Basic Service or a Monthly Paid Subscription) or one year (after a Yearly Paid Subscription) after the expiration or termination of the respective term. If the User renews his Subscription within the additional Storage period of 30 days or one year respectively, the related data will not be removed, and the User may still access these data.
In addition, Airobot may (but is not required to) maintain processed maps and point-clouds that were created on the AiroCollect platform with the associated User Account for two years after the moment of creation (“Cold storage”), even if the additional Storage period described above has lapsed, for the purpose of increasing the attractiveness of its Services for returning customers and for the purpose of the license granted under Section 6 in relation to improvement of the Services. However, two years after the moment of creation, and provided the additional Storage period has lapsed, the related data will be automatically deleted.
8 Service limitations and modifications
Airobot will make reasonable efforts to keep the AiroCollect Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Airobot reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons (such as in case of genuine interruption, modification, or discontinuation of the Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons).
9 Customer Support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please contact us through the contact form on our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame.
10 Payments
Without prejudice to the possibility of a (one time) Basic Service, access to the Service requires you to enter into a Paid Subscription and to pay our automatically recurring monthly or annual up front Subscription Fees. Access to certain features of the Service may require you to pay additional fees.
For all Paid Subscriptions a valid payment account must be entered. For the Basic Service no payment account information is required. An upgrade from the Basic Service to any Paid Subscription will trigger a bill. For Monthly Subscriptions, the Service is billed automatically in advance on a monthly basis and is non-refundable. For Yearly Subscriptions, the Service is billed automatically in advance on a yearly basis and is non-refundable. There will be no refunds or credits for partial months or years of service, upgrade/downgrade refunds, or refunds for months without use.
Fees
During the term of the Paid Subscription, you will be charged additional fees for Users and any applicable Add-On Features or Activity-Based Features (hereafter ‘Additional Fees’). Subscription Fees and Additional Fees are hereafter referred to as “Fees”.
Except as otherwise specified during the online sales process: (a) Fees are quoted and payable in Euros; (b) Fees are based on Services purchased and not actual usage; (c) your obligation to pay all Fees is non-cancellable, and Fees paid are non-refundable.
Airobot will not increase the Fees during the term (i.e. month or year) of the Paid Subscription. On renewal, you acknowledge that Airobot may, from time to time, add additional features or functionality to the Services that Airobot does not make generally available without payment of either Additional Fees or increased Subscription Fees, and that your continued access to the Service, including use of such additional features and functionality, may require payment of such Additional Fees or increased Subscription Fees. At the end of your Subscription you will have to choose to either stop your Subscription, either renew it under (and hence accept) the modified Fees.
Payment Terms
Fees must be paid by credit card or the case being, other payment method specified during the online sales process. If you are making payments of Fees via credit card, you agree to provide accurate payment information and hereby authorize Airobot to charge such credit card for all Fees agreed during the online sales process for the term of the Paid Subscription (and the case being, any renewal thereof).
If no accurate credit card information is available or Airobot is unable to charge your credit card notwithstanding due payment, Airobot may at its discretion, either (i) charge a late fee of one and one-half percent (1.5%) per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, or (ii) immediately suspend your access to the Services until payment is made; or (iii) immediately terminate the Subscription (and all related User Accounts) for which Fees were due.
Taxes
You are responsible for paying, and will pay, all applicable taxes, and will indemnify and hold Airobot harmless from any costs associated with the collection or withholding thereof, including penalties and interest. Unless otherwise stated during the online sales process, the Fees listed are not inclusive of any applicable taxes. For clarity, your invoices will include Fees and sales taxes. If Airobot has the legal obligation to pay or collect taxes for which you are responsible under this Section 10.3, the appropriate amount shall be invoiced to you and paid by you unless you provide Airobot with a valid tax exemption certificate authorized by the appropriate taxing authority.
11 Term and Termination
Each Subscription has a particular term during which you may get access to the Services (as described under the relevant Subscription formula). The Subscription will be automatically renewed at the end of term, unless you give a prior notice of your intention to stop the Subscription, by logging into the Airocollect platform, visiting the ‘Manage’-page, and selecting the ‘Subscriptions’-tab. This prior notice may be given at any moment prior to the end of term. In case of automatic renewal, a new Subscription under the same Subscription formula will start. In the event of a modification in Fees and/or Terms, you will be informed of the modifications or new Terms prior to end of term, and will be asked to accept these through the Service.
Airobot may terminate the use of the Service even during the term of a Subscription: (a) for cause if you breach the Terms and do not remedy such breach within thirty (30) days after receipt of written notice of such breach; (b) immediately if you: (i) terminate your business activity or become insolvent; (ii) admit in writing to the inability to pay your debts as they mature; (iii) make an assignment for the benefit of creditors; or (iv) become subject to direct control of a trustee, receiver, or similar authority; or (c) immediately if you do not pay the Fees when due as described in Section 10. Termination for cause is also possible if you are a User using the Services on behalf of another entity or person who procured a User Account for you, if the Head User Account is terminated for whatever reason.
Upon expiration of the term of a Subscription or upon early termination for whatever reason: (a) Your right to use the Services shall cease immediately, and Airobot shall have no further obligation to make the Services available to You; (b) except as otherwise expressly stated herein, all rights and licenses granted to You under these Terms will immediately cease; (c) You will lose all access to your stored data, information, measurements, and related content; except as provided in Section 7.2, Airobot will have no obligation with respect to any of your Data; and (d) you will pay any unpaid Fees payable for the remainder of the term under any Paid Subscription in effect prior to the termination date.
Sections 4, 6, 7, 10 to 15 and 18 to 21 herein, as well as any other sections of the Terms that, either explicitly or by their nature, must remain in effect even after termination of the Terms, shall survive termination.
12 Warranty and disclaimer
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Other than as expressly set out in these Terms, Airobot does not make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”. Making measurements is complex. Our Services will facilitate measuring, but you are still responsible for the results of your measurements.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
13 Limitations of liability
13.1 All obligations of Airobot under these Terms are obligations of means. Airobot cannot be held liable for any fault on the part of Airobot, or its representatives, officers, directors, employees, appointees, freelance collaborators, independent service providers, agents and/or subcontractors (either acting as an individual or a legal entity) (hereafter “Collaborator”) except in cases of fraud or gross negligence.
In particular, Airobot expressly disclaims any liability for inaccuracies or errors in measurements provided or facilitated through its Services, including but not limited to satellite or drone scans. You acknowledge and agree that all Services are provided ‘as is’ and that Airobot shall not be held liable for any damages or claims arising from reliance on or use of such Services and/or measurements. You will defend, indemnify and hold Airobot and its Collaborators harmless against claims of third parties relying on such measurements.
13.2. Except in cases of willful misconduct, Airobot is not liable for consequential damages such as loss of expected profit, reduced sales, increased operating expenses, loss of clientele, damage to reputation or equipment or loss of data that you or third parties might suffer (i) due to any error or negligence on the part of Airobot or its Collaborators or (ii) arising out of or related to the use or inability to use the Services, and this, even if Airobot has been advised of the possibility of such damages.
13.3. Airobot’s entire liability under these Terms, whether in contract or in tort, shall not exceed:
- the total Fees effectively paid for the Paid Subscription for the twelve (12) month period preceding the event giving rise to the claim, or
- 50.000 EUR,
whichever is the higher amount.
13.4. The provisions in these Terms on liability and the limitation or exclusion thereof will apply to the benefit of Airobot and its Collaborators alike. The Collaborators cannot be held liable, either on the basis of contract or tort, for acts in the context of the performance of these Terms. You expressly waive any possible claim against Airobot’s Collaborators, except in the case of proven fraud or intentional harm. The Collaborators will be able to invoke this waiver of claim, as well as the provisions of this Section 13, in court as a third party beneficiary of this waiver and provisions.
13.5 The provisions in these Terms on liability and the limitation or exclusion thereof will apply and remain enforceable except to the extent that any mandatory law or regulation, if applicable, requires otherwise. If a court of competent jurisdiction determines that relevant laws in force may imply warranties and liabilities which cannot be excluded or limited or which can only partly be excluded or limited, then the limits on the liability of Airobot and its Collaborators, set forth in these Terms will apply to the fullest extent permitted by law.
14 Confidentiality, non-recruitment and non-compete
You undertake to treat confidentially the commercial and technical information and trade secrets you learn from Airobot and not to use it for your own purposes, unless such information is publicly available. This confidentiality obligation applies during the term of your Subscription and 12 months after termination.
During the use of the Service and for twelve months after it, you undertake, neither directly, nor indirectly and in any capacity, (i) to develop activities or to perform actions on the Belgian territory that are competitive with those of Airobot and (ii) to recruit employees of Airobot. An activity will in any case be considered competitive under (i) when you market software developed and / or supplied by Airobot as (part of a) commercial product. However, after termination of the use of the Service, you are free to purchase competing software from third parties for your usual internal purposes.
In case of violation of this Section 14, you will owe a lump sum compensation of EUR 50.000 per violation to Airobot. However, Airobot reserves the right to claim a higher compensation if the damage actually suffered is higher.
15Reference
You give your consent to Airobot to be included as a reference on the Airobot website as well as for other publicity.
16Entire Agreement
Unless explicitly agreed otherwise in writing between you and Airobot, the Terms (the case being, completed with the chosen Service options as described on our Website) constitute all the terms and conditions agreed upon between you and Airobot and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
17 Severability and waiver
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Airobot or any third party beneficiary to enforce the Terms or any provision thereof shall not waive Airobot’s or the applicable third party beneficiary’s right to do so.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
18 Force Majeur
Airobot will not be liable for any failure or delay in the availability of the Service or any other performance of its obligations under these Terms on account of
strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, pandemics, diseases, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause that is beyond Airobot’s reasonable control, including any failure of wireless cellular services provided by any third party in connection with your use of the Service.
19 Indemnification
You agree to defend, indemnify, and hold Airobot and our Collaborators harmless from and against any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees) made against us by any third party due to or arising out of your use of the Service.
20 Privacy Protection
Airobot’s privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Airobot can use such data in accordance with our privacy policy.
21 Choice of law and jurisdiction
These Terms shall be governed by the laws of Belgium.
The Parties agree that all disputes arising out of or in connection with the present Terms shall be finally settled by the Business Court of Antwerp, Antwerp division (Belgium).
22 Contact us
If you have questions about these Terms, about Airobot or our Services, please contact us:
Airobot NV
Lichtenberglaan 1090 – 201, 3800 Sint-Truiden, Belgium Mail: contact@airobot.eu
Tel :+32 11 46 00 54