These SaaS Terms of Service (“SaaS Terms”) govern access to and use of FlytBase’s software-as-a-service platform, cloud services, APIs, AI features, drone autonomy and operations software, integrations, mobile and web applications, managed services, support services, and related offerings (collectively, the “Services”).
These SaaS Terms apply to the customer identified in an Order Form, statement of work, online checkout, signed agreement, or other ordering document (“Customer,” “you,” or “your”). “FlytBase,” “we,” “us,” or “our” means FlytBase, Inc. The SaaS Terms, applicable Order Forms, any data processing agreement, product-specific terms, service-level terms, support terms, and referenced policies together form the “Agreement.”
Certain FlytBase policies, including the Privacy Policy, AI and Data Use Policy, Acceptable Use Policy, Data Processing Addendum, support terms, and security terms, may apply to the Services depending on the products, features, deployment model, and Order Form.
If there is a conflict, the following order controls unless expressly stated otherwise: (1) signed master agreement or negotiated SaaS agreement; (2) Order Form or SOW; (3) data processing agreement; (4) product-specific terms or schedules; (5) these SaaS Terms; (6) website policies.
1. Services Covered
The Services may include one or more of the following, as specified in the applicable Order Form:
- (a) FlytBase platform services for drone-in-a-box, autonomous drone operations, remote operations, fleet management, scheduling, mission planning, live streaming, alerts, reporting, and integrations;
- (b) Verkos AI products, including AI agents, video/image analytics, computer-vision workflows, anomaly detection, event detection, natural-language interfaces, report generation, mission intelligence, and other AI-enabled capabilities;
- (c) Flinks products and workflows, including connected operational links, workflow automation, notifications, data routing, and related collaboration or integration features;
- (d) Flex Apps, including configurable applications, customer-specific workflows, extensions, plugins, scripts, dashboards, and low-code/no-code components;
- (e) managed services, including remote operations support, monitoring, ROC support, implementation, configuration, support, training, onboarding, BVLOS assistance, waiver/program support, and other services described in an Order Form;
- (f) APIs, SDKs, documentation, integrations, connectors, and developer tools;
- (g) related professional services, support services, and beta or preview services.
2. Definitions
“Account” means Customer’s account for accessing the Services.
“Administrator” means an Authorized User with administrative permissions for Customer’s Account.
“AI Features” means features that use machine learning, foundation models, computer vision, generative AI, automated analytics, or other artificial-intelligence systems.
“Authorized User” means Customer’s employees, contractors, agents, affiliates, or service providers whom Customer authorizes to use the Services for Customer’s internal business purposes.
“Customer Content” means imagery, video, audio, telemetry, geospatial data, mission data, sensor data, payload data, operational data, maps, models, prompts, files, messages, annotations, reports, configurations, and other content submitted to, generated in, captured through, or processed by the Services for Customer.
“Customer Data” means Customer Content, Customer Personal Data, account information, usage data, configuration data, logs, support data, and other information processed by FlytBase in connection with the Services.
“Customer Personal Data” means personal data or personal information contained in Customer Data.
“Documentation” means FlytBase’s user guides, technical documentation, API documentation, product documentation, and usage instructions.
“Output” means AI-generated, system-generated, or service-generated results, including detections, classifications, summaries, recommendations, alerts, annotations, maps, models, reports, routes, and other outputs.
“Order Form” means an ordering document, quote, proposal, online order, SOW, or other written ordering instrument accepted by FlytBase.
“Sensitive Deployment Data” means Customer Data relating to critical infrastructure, public safety, defense, law enforcement, regulated facilities, energy sites, ports, utilities, airports, prisons, schools, hospitals, government facilities, security operations, surveillance footage, or other sensitive sites or missions.
3. Access Rights and License
Subject to the Agreement, FlytBase grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Services and Documentation for Customer’s internal business operations, only as described in the applicable Order Form and Documentation.
Customer may permit Authorized Users to access the Services. Customer is responsible for Authorized Users’ acts and omissions and for all activity under Customer’s Account.
4. Accounts and Security
Customer must maintain accurate Account information and protect credentials, API keys, devices, integrations, and administrator access. Customer is responsible for configuring access controls, permissions, user roles, hardware credentials, network security, and integrations. Customer must promptly notify FlytBase of unauthorized access or suspected compromise.
FlytBase may suspend access if it reasonably believes the Account is compromised, used unlawfully, presents a security or safety risk, violates the Agreement, or may harm FlytBase, Customer, third parties, aircraft, personnel, property, networks, or the Services.
5. Customer Responsibilities for Drone Operations
Customer is solely responsible for aircraft, docks, payloads, sensors, connectivity, sites, airspace approvals, operational procedures, personnel, pilots, observers, remote operators, regulatory approvals, waivers, licenses, permissions, consents, safety cases, insurance, and compliance with applicable aviation, privacy, security, labor, communications, spectrum, export-control, sanctions, and data-protection laws.
The Services support operations but do not replace Customer’s responsibility for lawful and safe drone operations. Unless expressly agreed in writing, FlytBase does not act as pilot-in-command, aircraft operator, aviation authority, security authority, or emergency responder.
Customer must ensure that use of drones, docks, sensors, cameras, microphones, thermal cameras, license-plate readers, facial recognition, biometric tools, radio-frequency sensors, counter-drone systems, or other payloads complies with applicable law and with Customer’s notices, consents, permits, and policies.
6. Managed Services
If an Order Form includes managed services, remote operations support, ROC support, BVLOS assistance, waiver support, implementation, or similar services, FlytBase will provide those services as described in the Order Form or SOW.
Unless expressly stated in an Order Form:
- (a) managed services are operational support services, not a guarantee of regulatory approval, flight success, safety outcome, security outcome, or incident prevention;
- (b) Customer remains responsible for operational authority, site permissions, local approvals, hardware maintenance, emergency response, and compliance;
- (c) FlytBase may rely on information, instructions, procedures, and approvals provided by Customer;
- (d) FlytBase is not liable for delays, denials, site restrictions, weather, connectivity issues, hardware failures, regulatory changes, customer-provided procedures, or third-party actions outside FlytBase’s reasonable control.
7. Flex Apps, Customer Configurations, and Extensions
Customer may configure workflows, dashboards, automations, scripts, plugins, apps, connectors, or extensions through Flex Apps or related developer tools. Customer is responsible for its configurations and for testing them before operational use. Customer must not use Flex Apps to bypass safety controls, access-control rules, rate limits, licensing limits, or regulatory restrictions.
If Customer or a third party develops custom code, apps, scripts, models, connectors, or integrations, Customer is responsible for that material unless an Order Form states otherwise. FlytBase may review, disable, throttle, or remove configurations that create security, safety, performance, legal, or operational risk.
8. APIs and Integrations
Customer may use APIs and integrations only as permitted by Documentation and the applicable Order Form. FlytBase may set and enforce rate limits, authentication requirements, security requirements, and usage restrictions. Customer is responsible for third-party services connected to the Services and for permissions granted to those services.
9. Customer Data Ownership
As between the parties, Customer retains ownership of Customer Content and Customer Personal Data. FlytBase retains ownership of the Services, software, platform, APIs, documentation, models, workflows, templates, know-how, algorithms, infrastructure, improvements, aggregated data, de-identified data, usage analytics, telemetry-derived insights, and FlytBase intellectual property.
10. License to Customer Data
Customer grants FlytBase and its affiliates, subcontractors, service providers, and personnel a worldwide, non-exclusive license to host, copy, transmit, display, process, analyze, modify, create derivative works from, and otherwise use Customer Data as necessary to:
- (a) provide, operate, secure, monitor, maintain, and support the Services;
- (b) configure, troubleshoot, debug, and improve Customer’s deployment;
- (c) generate Outputs and reports requested by Customer;
- (d) prevent fraud, abuse, security incidents, safety incidents, and unlawful activity;
- (e) comply with law and enforce the Agreement;
- (f) develop, improve, and benchmark the Services as described in Sections 11 and 12.
11. Product Improvement and Aggregated Data
FlytBase may collect and use usage data, logs, performance data, telemetry-derived metrics, error data, diagnostic data, configuration metadata, feature interaction data, benchmark data, and aggregated or de-identified information to operate, secure, analyze, improve, and develop FlytBase products and services.
FlytBase may use aggregated or de-identified data for analytics, benchmarking, product development, model evaluation, performance improvement, reliability improvement, safety improvement, and industry reporting, provided that such data does not identify Customer, Authorized Users, individuals, specific sites, missions, security vulnerabilities, or confidential operations.
12. AI Features and Customer Data Use for AI
12.1 AI Features. The Services may include AI Features that process Customer Data to detect, classify, summarize, predict, recommend, generate, annotate, or automate workflows. AI Features may produce Outputs that are probabilistic and may be inaccurate, incomplete, delayed, biased, or unsuitable for a particular use case.
12.2 Human Oversight. Customer must use human review and operational judgment before relying on Outputs for safety, security, emergency, legal, employment, aviation, regulatory, financial, or similarly significant decisions. AI Features are decision-support tools and do not replace trained personnel, pilots, operators, safety managers, security teams, or legal/regulatory review.
12.3 Inputs and Outputs. As between Customer and FlytBase, Customer owns Customer-provided inputs and Customer-specific Outputs, subject to FlytBase’s ownership of the Services, models, algorithms, and underlying technology. Customer is responsible for evaluating Outputs before use and for decisions made using Outputs.
12.4 Training and Model Improvement. FlytBase will not use identifiable Customer Content or Customer Personal Data from enterprise, public safety, government, critical infrastructure, or Sensitive Deployment Data to train shared or general-purpose AI models unless: (a) Customer opts in; (b) the applicable Order Form, SOW, or DPA expressly permits it; (c) the data has been aggregated, de-identified, anonymized, or transformed so that it does not identify Customer, individuals, sites, assets, missions, vulnerabilities, or confidential operations; or (d) such use is necessary to provide, support, secure, or improve Customer’s own deployment.
12.5 Service Improvement. FlytBase may use Customer Data to improve the Services for Customer, including tuning configurations, evaluating detections, improving reliability, reducing false positives, increasing flight success, improving alert quality, debugging models, and improving user experience.
12.6 Customer Controls. Where available, Customer may configure whether particular data streams, sites, payloads, cameras, missions, or datasets are eligible for AI processing, retention, review, or product-improvement use. Additional restrictions may be documented in the Order Form or DPA.
12.7 No Sensitive AI Use Without Authorization. Customer must not use AI Features for facial recognition, biometric identification, persistent tracking of individuals, law-enforcement decisions, employment decisions, credit decisions, healthcare decisions, or similarly sensitive use cases unless expressly enabled by FlytBase in writing and permitted by applicable law.
12.8 AI Safety and Abuse. Customer must not use AI Features to develop weapons, enable unlawful surveillance, bypass safety systems, identify or target individuals unlawfully, generate deceptive content, violate privacy rights, interfere with aircraft or critical infrastructure, or support unlawful, harmful, or abusive activity.
13. Prohibited Uses
Customer must not, and must not permit others to:
- (a) use the Services unlawfully or in violation of aviation, privacy, security, export-control, sanctions, or data-protection laws;
- (b) operate aircraft without required licenses, approvals, waivers, site permissions, or consents;
- (c) use the Services to harm people, property, aircraft, infrastructure, networks, or systems;
- (d) bypass geofencing, safety controls, command authority, user roles, audit logs, or security controls;
- (e) reverse engineer, decompile, copy, modify, or create derivative works of the Services except as permitted by law;
- (f) access the Services to build a competing product or benchmark the Services for competitive purposes without written permission;
- (g) conduct penetration testing, vulnerability testing, load testing, or scraping without written authorization;
- (h) upload malware or harmful code;
- (i) use the Services to process data that Customer lacks rights or lawful basis to process;
- (j) use the Services for unlawful surveillance, discrimination, harassment, stalking, biometric identification, or targeting of individuals;
- (k) submit regulated data such as protected health information, payment card data, government classified information, children’s data, biometric data, or other special-category data unless the Order Form and DPA expressly permit it;
- (l) remove proprietary notices or misrepresent FlytBase as the operator, regulator, or guarantor of Customer’s drone program.
14. Privacy and Data Protection
Each party will comply with applicable privacy and data-protection laws. To the extent FlytBase processes Customer Personal Data as a processor or service provider on Customer’s behalf, the parties will comply with the applicable data processing agreement. Customer is responsible for providing notices and obtaining consents required for drone imagery, video, geolocation, telemetry, sensor data, AI processing, monitoring, and surveillance activities at Customer sites.
15. Security
FlytBase will maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, loss, misuse, or disclosure. Customer is responsible for secure configuration of its Account, devices, networks, credentials, integrations, and user permissions.
16. Confidentiality
Each party may receive non-public information from the other party that is marked confidential or should reasonably be understood as confidential. The receiving party will use confidential information only to perform under the Agreement, will protect it using reasonable care, and will not disclose it except to personnel, affiliates, advisors, contractors, and service providers who need to know and are bound by confidentiality obligations. Confidentiality obligations do not apply to information that is public, already known, independently developed, or lawfully received from a third party without confidentiality obligations.
17. Fees and Payment
Customer will pay all fees set out in the Order Form. Unless otherwise stated, fees are non-cancelable and non-refundable. Late payments may accrue interest at the lower of 1.5% per month or the maximum amount permitted by law. FlytBase may suspend Services for overdue amounts after providing notice and a reasonable cure period, except where immediate suspension is necessary for security, legal, or safety reasons.
18. Taxes
Fees exclude taxes, duties, levies, and similar governmental assessments. Customer is responsible for taxes except taxes based on FlytBase’s net income. If Customer is required to withhold taxes, Customer will gross up payments so FlytBase receives the full amount invoiced, unless prohibited by law.
19. Subscription Term, Renewal, and Termination
The subscription term is stated in the Order Form. Unless otherwise stated, subscriptions renew for successive terms unless either party gives non-renewal notice at least 30 days before the end of the then-current term.
Either party may terminate for material breach if the breach is not cured within 30 days after written notice. FlytBase may terminate or suspend immediately for non-payment, security risk, safety risk, illegal use, violation of prohibited-use rules, or if required by law.
20. Data Export and Deletion
During the term, Customer may export Customer Data using available Service functionality. After termination or expiration, FlytBase will make Customer Data available for export for 30 days unless prohibited by law or unless the Account was terminated for security or legal reasons. After that period, FlytBase may delete or anonymize Customer Data according to its retention practices, except to the extent retained in backups, logs, legal archives, compliance records, or aggregated/de-identified datasets.
21. Support and Service Levels
FlytBase will provide support and service levels as described in the applicable Order Form, support policy, or SLA. Beta, preview, trial, evaluation, free, proof-of-concept, and pilot services are provided without service-level commitments unless stated otherwise.
22. Beta, Preview, and Experimental Services
FlytBase may offer beta, preview, pilot, experimental, or early-access services. These services may be incomplete, change without notice, contain errors, lose data, be discontinued, or never become generally available. They are provided “as is” and excluded from warranties, SLAs, and indemnities unless the Order Form states otherwise.
23. Third-Party Services and Hardware
The Services may interoperate with third-party hardware, docks, drones, payloads, sensors, cameras, networks, cloud providers, maps, AI providers, VMS systems, counter-drone systems, communication services, and other third-party services. FlytBase is not responsible for third-party products or services except as expressly stated in an Order Form. Customer’s use of third-party products may be subject to separate terms.
24. Warranties
FlytBase warrants that, during the applicable subscription term, the Services will materially conform to the Documentation under normal use. Customer’s exclusive remedy for breach of this warranty is for FlytBase to use commercially reasonable efforts to correct the nonconformity or, if FlytBase cannot do so, to terminate the affected Services and refund prepaid unused fees for the affected Services.
25. Disclaimer
EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, THE SERVICES, AI FEATURES, OUTPUTS, MANAGED SERVICES, BETA SERVICES, DOCUMENTATION, AND SUPPORT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FLYTBASE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, AND ERROR-FREE OPERATION.
FLYTBASE DOES NOT WARRANT THAT THE SERVICES WILL PREVENT INCIDENTS, DETECT ALL EVENTS, IDENTIFY ALL RISKS, OPERATE WITHOUT INTERRUPTION, ACHIEVE A PARTICULAR FLIGHT SUCCESS RATE, SATISFY REGULATORY REQUIREMENTS, SECURE AIRSPACE APPROVALS, PRODUCE ACCURATE AI OUTPUTS, OR MAKE CUSTOMER’S OPERATIONS COMPLIANT OR SAFE.
26. Indemnification by Customer
Customer will defend, indemnify, and hold harmless FlytBase and its affiliates, officers, directors, employees, agents, suppliers, and licensors from claims arising from or related to: Customer Data; Customer’s drone operations; Customer’s hardware, sites, personnel, payloads, sensors, or integrations; Customer’s violation of law; Customer’s use of the Services in violation of the Agreement; Customer’s configurations, Flex Apps, custom code, or third-party services; or allegations that Customer Data infringes or violates third-party rights.
27. Indemnification by FlytBase
FlytBase will defend Customer against third-party claims alleging that the Services, as provided by FlytBase and used according to the Agreement, infringe a third party’s intellectual-property rights, and will pay damages finally awarded or settlements approved by FlytBase. FlytBase will have no obligation for claims arising from Customer Data, third-party services, hardware, Customer modifications, unauthorized use, combination with non-FlytBase materials, beta services, or use after FlytBase provides a non-infringing alternative.
If an infringement claim occurs, FlytBase may procure rights, modify the Services, replace the Services, or terminate affected Services and refund prepaid unused fees.
28. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO FLYTBASE FOR THE AFFECTED SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
“Excluded Claims” means payment obligations, confidentiality breaches, Customer’s indemnity obligations, Customer’s violation of prohibited uses, misuse of the Services, and infringement or misappropriation of FlytBase intellectual property.
29. Export Control and Sanctions
Customer must comply with applicable export-control, re-export, import, sanctions, and trade-compliance laws. Customer must not use the Services in embargoed or sanctioned countries or by prohibited parties. Customer represents that it is not listed on a restricted-party list and will not use the Services for prohibited military, weapons, nuclear, missile, chemical, biological, or unlawful surveillance purposes.
30. Publicity
FlytBase may identify Customer as a customer and use Customer’s name and logo in customer lists and marketing materials unless Customer opts out in writing. Any case study, press release, detailed deployment description, or public reference to Sensitive Deployment Data requires Customer’s prior written approval.
31. Assignment
Customer may not assign the Agreement without FlytBase’s prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets, provided the successor is not a competitor of FlytBase and agrees to be bound by the Agreement. FlytBase may assign the Agreement to an affiliate or successor.
32. Force Majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government action, regulatory changes, internet or utility failures, cloud-provider failures, drone or hardware failures, GPS/GNSS interference, weather, airspace restrictions, or third-party service failures.
33. Notices
Notices must be sent to the addresses in the Order Form or to legal@flytbase.com for FlytBase. Operational notices may be sent through the Services, email, or account notifications.
34. Entire Agreement
The Agreement is the entire agreement between the parties regarding the Services and supersedes prior or contemporaneous agreements on the same subject. Purchase-order terms are rejected and have no effect unless expressly signed by FlytBase.
35. Governing Law
The Agreement is governed by the laws of the State of California, without regard to conflict-of-law rules. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Santa Clara County, California, except that either party may seek injunctive relief in any court of competent jurisdiction.