Terms Of Use

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These are the general terms of use when accessing www.flytbase.com (the “Site”), and the other websites under the flytbase.com domain, and the flytnow.com domain, and the flytsecurity.ai domain, and the flytware.com domain (collectively, the “Sites”) which are owned and operated by FlytBase, Inc. (“FlytBase”).

For terms relating to creating and managing an account, please see the SaaS terms of use, at https://flytbase.com/saas-terms-of-use/.

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Consent

By accessing and/or using our Sites, you agree to the below terms of use and our Privacy Policy (https://flytbase.com/privacy-policy/). Please read the below terms of use carefully and immediately cease using the Sites if you do not agree to them.

We reserve the right to change the Website Terms of Use (the “Terms”) from time to time. You acknowledge and agree that it is your responsibility to review the Terms periodically to learn of any modifications. Your continued access of the Sites after such posting constitutes your consent to be bound by the modified Website Terms of Use.

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Using Our Sites

You must follow any policies made available to you within the Sites. You may use our Sites only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Sites to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

In connection with your use of the Sites, we may send you announcements, administrative messages, and other information. You may opt out of some of those communications.

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Intellectual Property Rights

Intellectual Property Rights means all present and future rights to:

1. copyright;
2. registered or unregistered designs, patents, trade marks, service marks;
3. trade, business, company or domain names;
4. know-how, inventions, processes, trade secrets;
5. circuit layouts, databases or source codes; and
6. any similar rights in any part of the world,

including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Using our Sites does not give you ownership of any Intellectual Property Rights in our Sites or the content you access other than as expressly set out in these Terms. Other than User Content (addressed below), you may not use content from our Sites unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Sites. Don’t remove, obscure, or alter any legal notices displayed in or along with our Sites.

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Eligibility

You must be at least 18 years of age to use the Sites. By agreeing to these Terms, you represent and warrant to us that:

(a) you are at least 18 years old;

(b) you have not previously been suspended or removed from the Sites;

(c) you have not previously been convicted of a crime or violated any FAA or other aviation regulation;

(d) your registration and your use of the Sites is in compliance with all applicable laws and regulations; and

(e) you are not a member of any military or armed forces organization.

If you are using the Sites on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

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User Responsibility for Aircraft

You are solely responsible for ensuring that you comply with all applicable legal requirements for the operation of any aircraft, including any requirement that you detect and avoid other aircrafts. You must at all times comply with all applicable local, state, national, and international laws and regulations related to the operation of unmanned aerial devices and your use of the Sites in your territory of operation, including any applicable laws with regard to privacy. You will obtain and maintain all necessary licenses, consent, and authorizations of any kind.

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Your FlytBase Account

You may need a FlytBase Account in order to use some of our Sites. You may create your own FlytBase Account, or your FlytBase Account may be assigned to you by an administrator, such as your employer. An account is defined as one named user individual (“User”) that can use the Sites 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 FlytBase 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.

To protect your FlytBase Account, keep your personal information and password (“Credentials”) confidential. You are responsible for the activity that happens on or through your FlytBase Account. Try not to reuse your FlytBase Account password on third-party applications.

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License

Subject to your compliance with these Terms, FlytBase grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Sites on your personal device; and (ii) access and use any content, information and related materials that may be made available through the Sites, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by FlytBase and FlytBase’s licensors.

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You may not copy, modify, distribute, sell, or lease any part of our Sites, nor may you reverse engineer or attempt to extract the source code of the Sites, unless laws prohibit those restrictions or you have our written permission.

Any future release, update, or other addition to functionality of the Sites shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Sites must be retained on any copies.

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The Sites 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 Sites 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.

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Ownership & Proprietary Rights

The Sites are owned and operated by FlytBase. 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 Sites (“Materials”) provided by FlytBase are protected by intellectual property and other laws. Except as expressly authorized by FlytBase, you may not make use of the Materials.

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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 Sites in connection with your use of the Sites (“Feedback”). You hereby assign to FlytBase all right, title, and interest in such Feedback.

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User Content

"User Content" means any and all information and content displayed, shared, uploaded, transferred, published, posted, used, distributed or disseminated with the Sites by a user of the Sites or through such user’s Credentials on the Sites. Certain features of the Sites 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. Such content is also included in User Content.

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User Content License

To provide our Sites, 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 Sites, you hereby grant to FlytBase (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 Sites, and to develop new products and services. This license continues even if you stop using our Sites.

Why do we need these rights? The following situations are a few examples of where we would need these rights:

1. In order to receive your uploaded images, we need the right to store and transmit the data.
2. We need the rights to store, transmit, process, modify the User Content in order to turn your data into different forms of maps and models.
3. If you would like to see the resulting maps/models and share them with people you have selected using FlytBase, we need the rights to transmit, display and distribute your User Content.
4. To test, modify, enhance and improve the Sites, and/or for diagnostic purposes, whether requested by you or not.

FlytBase will maintain commercially reasonable security measures to protect User Content in its possession or control, or in the possession or control of its personnel, from unauthorized access, use, copying or disclosure.

If you choose to share materials, solutions and/or ideas with others using the Sites, you agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

In the absence of a written agreement with FlytBase to the contrary, you agree that you will not submit to FlytBase any information or ideas that you consider to be confidential or proprietary.

FlytBase’s privacy policies explain how we treat your personal data and protect your privacy when you use our Sites. By using our Sites, you agree that FlytBase can use such data in accordance with our privacy policies.

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User Content Representations and Warranties

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 FlytBase and users of the Sites 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 Right, privacy right or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.

You understand that by using the Sites, you may be given access to drone data for your information and personal use solely as intended through the provided functionality of the Sites and as permitted under these Terms. You are solely responsible for your own User Content and the consequences of posting your User Content on the Sites, including your use of the Sites that results in a violation of any individual’s or organization’s privacy rights.

Your interactions with other users of the Sites are solely between you and such user. You agree that FlytBase will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Sites, we are under no obligation to become involved.

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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. FlytBase 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 FlytBase with respect to User Content.

FlytBase is not responsible for the integrity or existence of any User Content on your environment, hardware and software, computer equipment, network or any device.

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Acceptable Use Policy

The following sets forth FlytBase’s "Acceptable Use Policy". In using the Sites, you agree to the following:

1. You will not violate any law, regulation, or obligations or restrictions imposed by any third party.
2. Your User Content will not be unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, offensive or otherwise objectionable.
3. Your User Content will not violate any third-party right, including any Intellectual Property Right or proprietary right.
4. You will not use any material or information made available through the Sites in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party.
5. You will not download any file posted by another user of the Sites that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, or distributed in such a manner.
6. You will not falsify or delete any copyright management information, such as author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
7. You will not misrepresent the source of any of your User Content.
8. You will not send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
9. You will not advertise or offer to sell or buy any goods or services for any business purpose on the Sites.
10. You will not harvest, collect, gather or assemble information or data regarding other users, including screen names, e-mail addresses or other identifiers, without their consent.
11. You will not conduct load testing, probing, scanning, penetration or vulnerability testing of the Sites.
12. You will not upload, transmit, or distribute any computer viruses, worms, Trojan horses, spyware or any software intended to damage or alter a computer system or data.
13. Your User Content will not contain any instructions, software or other materials that would allow other users of the Sites or third parties to harm other users’ computers or to inappropriately access software or websites.
14. You will not monitor any data, information or communications on systems or networks connected to or used together with the Sites. You will not attempt to intercept, redirect or otherwise interfere with communications intended for others.
15. You will not interfere with or disrupt servers or networks connected to the Sites or violate the regulations, policies or procedures of such networks.
16. You will not attempt to gain unauthorized access to the Sites, other computer systems or networks connected to or used together with the Sites, through password mining or other means.
17. Your User Content will not include any driver’s license numbers, passport numbers, social security, tax ID or similar numbers, financial or other personal account numbers, and financial or health information.
18. You will not harass or interfere with another user’s use and enjoyment of the Sites.

Exclusion of Competitors

You are prohibited from using our Sites, including all content and software code, in any way that competes with our business.

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Publicity

You grant FlytBase the right to identify you as a user in FlytBase’s promotional material. At any point in time you can submit a written request via email to support@flytbase.com to have FlytBase remove your name, within thirty days of your request, from promotional material.

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Third Party Ads and Websites

The Sites may contain advertisements of third-parties or links to third-party websites, including those for Third Party Services (defined below), (collectively, "Third-Party Ads and Websites"). Such Third-Party Ads and Websites are not under the control of FlytBase. FlytBase is not responsible for the content or links in any Third-Party Ads and Websites. FlytBase provides these Third-Party Ads and Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads and Websites. You use all content and links in Third-Party Ads and Websites at your own risk. When you leave the Sites, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Ads and Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

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Third Party Services

FlytBase may provide tools through the Sites that enable you to export information, including User Content, to third-party services (such as AirMap, Built.io, etc). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information.

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Discontinuance

We may, at any time and without notice to you, discontinue our Sites, in whole or in part.  We may also exclude any person from using our Sites, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

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Term and Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Sites. We may (a) suspend your rights to use the Sites (including your Credentials) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Sites in violation of this Agreement or if we believe you are younger than eighteen (18). Upon termination of this Agreement, your Credentials and right to access and use the Sites will terminate immediately. You understand that any termination of your Credentials may involve deletion of some or all of your User Content associated therewith from our live databases. FlytBase will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Credentials or any deletion of your User Content.

In the event of termination, all restrictions imposed on you by these Terms, and the limitations of liability set out in these Terms, will survive.

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Our Warranties and Disclaimers

We provide our Sites 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 Sites.

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OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER FLYTBASE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTIONS OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”.

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.

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Limitation of Liability

WHEN PERMITTED BY LAW, FLYTBASE, AND FLYTBASE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

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TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FLYTBASE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SITES.

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IN ALL CASES, FLYTBASE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

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NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SET FORTH IN THIS SECTION.

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Release

You hereby release us, our officers, employees, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage that is either directly or indirectly related to or arises from any interactions with or conduct of other Website users or Third-Party Ads and Websites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

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Indemnity

You agree to indemnify and hold FlytBase, its parents, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access, download, or use of the Sites, (ii) your User Content, and/or (iii) your violation of this Agreement. FlytBase 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 these claims. You agree not to settle any matter without the prior written consent of FlytBase. FlytBase will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

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You agree to indemnify and hold FlytBase harmless for the corruption or loss of any User Content controlled or stored by you or related bodies, to the extent the corruption or loss is not caused by the negligent act or omission of FlytBase.

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Force Majeure

FlytBase will not be liable for any failure or delay in the availability of the Sites or any other performance of its obligations under these Terms on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause that is beyond FlytBase’s reasonable control, including any failure of any services provided by any third party in connection with your use of the Sites.

Dispute Resolution

These Terms provide that all disputes between you and FlytBase will be resolved by BINDING ARBITRATION. You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action.

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Jurisdiction

This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of California for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our Intellectual Property Rights in any court of competent jurisdiction.

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We make no representation that our Sites comply with the laws (including intellectual property laws) of any country outside the United Status.  If you access our Sites from outside United States, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

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Entire Agreement

This Agreement (which includes the Privacy Policy - https://flytbase.com/privacy-policy/), as well as the Acceptable Use and Copyright & Trademark Policies (contained within this Agreement) and any other rules posted on the Sites) constitutes the entire agreement between you and us regarding the use of the Sites. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

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Independent Parties

You agree that neither party is an agent or partner of the other.

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Assignment

This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without FlytBase’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees

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About these Terms

We have full right to modify these Terms or any additional terms that apply to the Sites, for example, reflect changes to the law or changes to our Sites. You should look at the Terms regularly.

These Terms control the relationship between FlytBase and you. They do not create any third party beneficiary rights. If there is a conflict between these Terms and any additional terms, the additional terms will control for that conflict.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

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Copyright & Trademark Policy

Copyright © 2019, FlytBase. All rights reserved. FlytBase and all other trademarks, logos and service marks ("Marks") displayed on the Sites are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

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We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

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Contact Us

If you have questions about this Agreement or about FlytBase, please contact us by email at support@flytbase.com, or at:

FlytBase, Inc.
1900 Camden Ave,
San Jose, CA 95124

Last revised: 05 March 2020

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