TERMS AND CONDITIONS
1. Agreement to Terms
These Terms & Conditions (“Terms”) constitute a legally binding agreement between you (“User”) and Ceres Air, Inc. (“Ceres Air,” “we,” “us,” or “our”). By creating an account, accessing Ceres Air software, downloading the Ceres Air mobile application, or operating any Ceres Air hardware—including unmanned aircraft systems (“UAS”), sprayers, spreaders, mowers, lifting devices, or accessories—you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you must not use Ceres Air products or services.
2. Scope of Agreement
These Terms govern:
- Ceres Air hardware
- Ceres Air software, firmware, and mobile applications
- Cloud services, data services, and APIs
- Any related accessories, payloads, or attachments
- All updates, upgrades, and modifications
These Terms apply globally. Users operating within the United States are additionally subject to all applicable federal, state, and local laws, including but not limited to FAA, EPA, DOT, and state pesticide‑application regulations.
3. Eligibility
Users must:
- Be at least the age of majority in their jurisdiction
- Have legal authority to enter into binding agreements
- Hold all required certifications (e.g., FAA Part 107, state pesticide licenses)
- Comply with all applicable aviation, environmental, and data‑protection laws
Ceres Air may deny or revoke access for non‑compliance.
4. User Obligations
4.1 Compliance with Law
Users are solely responsible for ensuring compliance with:
- FAA regulations (including Part 107, Part 91, and applicable waivers)
- State and federal pesticide laws
- Environmental protection statutes
- Airspace restrictions
- Export control laws
- Data‑protection and privacy laws
4.2 Safe Operation
Users must:
- Conduct pre‑flight inspections
- Maintain equipment in airworthy condition
- Follow manufacturer instructions
- Operate only in safe weather conditions
- Avoid flying over people or restricted areas
- Use only approved chemicals, payloads, and batteries
4.3 Account Security
Users must maintain the confidentiality of login credentials and notify Ceres Air of unauthorized access.
5. Assumption of Risk
Users acknowledge that UAS operations—including spraying, spreading, mowing, lifting, cargo movement, and autonomous or semi‑autonomous flight—carry inherent risks, including but not limited to:
- Chemical drift or misapplication
- Environmental contamination
- Property damage
- Personal injury or death
- Equipment malfunction or loss
- GPS or sensor errors
- Software bugs, latency, or connectivity failures
- Weather‑related hazards
Users voluntarily assume all such risks.
6. No Warranty of Performance
Ceres Air does **not** warrant that:
- Flight paths, maps, or sensor outputs will be accurate
- Chemical application will be precise or compliant
- Software will be error‑free or uninterrupted
- Hardware will operate without malfunction
- Data will be preserved without loss
All products and services are provided **“AS IS” and “AS AVAILABLE.”**
7. Software License**
Ceres Air grants Users a **limited, revocable, non‑exclusive, non‑transferable license** to use Ceres Air software solely with Ceres Air hardware.
Users may not:
- Reverse engineer, decompile, or modify software
- Circumvent safety features or geofencing
- Use software with non‑Ceres Air hardware
- Use software for unlawful purposes
8. Intellectual Property
All intellectual property—including software, firmware, designs, trademarks, documentation, and data models—remains the exclusive property of Ceres Air.
Users receive no ownership rights.
9. Hardware Warranty (Limited)
Ceres Air provides a limited warranty covering manufacturing defects only. The warranty does **not** cover:
- Crash damage
- Chemical exposure
- Improper maintenance
- Unauthorized modifications
- Use of non‑approved batteries or payloads
- Environmental or weather‑related damage
- Normal wear and tear
10. Limitation of Liability
To the fullest extent permitted by law:
- Ceres Air shall **not** be liable for any indirect, incidental, consequential, punitive, or special damages
- Ceres Air shall **not** be liable for loss of crops, livestock, revenue, data, or business interruption
- Ceres Air shall **not** be liable for environmental damage, chemical drift, or regulatory violations
- Ceres Air’s total liability shall **not exceed** the amount paid by the User for the product or service giving rise to the claim
These limitations apply even if Ceres Air has been advised of the possibility of such damages.
11. Indemnification
Users agree to indemnify, defend, and hold harmless Ceres Air and its officers, employees, contractors, and affiliates from any claims, damages, fines, penalties, or liabilities arising from:
- Operation of Ceres Air hardware
- Chemical application or environmental impact
- Violation of FAA or state laws
- Misuse of software or hardware
- Data misuse
- Third‑party claims
12. Prohibited Conduct
Users may not:
- Use Ceres Air products for illegal surveillance
- Transport hazardous or prohibited materials
- Weaponize any device
- Interfere with emergency response operations
- Tamper with safety systems
- Use products in violation of export laws
13. Updates and Modifications
Ceres Air may modify software, firmware, or these Terms at any time. Continued use constitutes acceptance.
14. Termination
Ceres Air may suspend or terminate access for:
- Safety violations
- Illegal activity
- Non‑payment
- Breach of these Terms
15. Governing Law
For Users in the United States, these Terms are governed by the laws of the State of Delaware, without regard to conflict‑of‑law principles.
16. Dispute Resolution
Disputes shall be resolved through **binding arbitration** administered by the American Arbitration Association (AAA).
Class‑action waivers apply.
17. Contact Information
Ceres Air, Inc.
2265 116th Ave NE, Suite 200-2
Bellevue WA 98004, United States