Terms of Service

• Cortex, our course management software, offered by subscription.
• Course deliverables: shade and light analysis reports, the Turf Health report, Atlas course maps, greens and yardage books, and course tours, fly-throughs and 3D greens.
• The Fairway Alliance sponsor program for golf courses and their local sponsors.
• The free turf tools on this website.

The scope, deliverables and schedule of each engagement are set out in the agreement or quote the Client signs.

• The Client is responsible for the accounts it creates, for keeping sign-in details private, and for the people it gives access to.
• The Client will use Cortex only for managing its own course, and will not attempt to access other clients' data, disrupt the service, or copy or resell the software.
• Aetheris may suspend an account that puts the service or other clients at risk, and will tell the Client why.

Records, files and information the Client puts into Cortex or gives us for a deliverable (“Client Data”) remain the Client’s. We use Client Data only to provide the Services to the Client, and we don’t sell it. How we store and protect it is described in our Privacy Policy and Data Security & Handling Policy.

We work to keep Cortex available and to fix problems promptly, but the software is provided without a guarantee of uninterrupted service. Planned maintenance and outages of the third-party services it runs on can make it temporarily unavailable.

Deliverables are produced from our own drone survey of the Client’s course and delivered as described in the agreement. They are planning and course-management tools. What they can and can’t be relied on for is set out in our Disclaimers. The Client should tell us in writing within ten (10) business days of delivery if a deliverable doesn’t match the agreement, and we will correct it.

• Aetheris flies under FAA Part 107 and carries aviation liability insurance; a Certificate of Insurance is available on request.
• The Client grants access to the course for the survey flight and tells us about play, maintenance and safety conditions on the day.
• Weather, airspace restrictions and safety can move a flight. We reschedule with the Client at no charge when that happens.

• A Fairway Alliance program runs under an agreement between the course and Aetheris. The course recruits its sponsors and sets their price, and the program agreement sets the terms between the course and Aetheris.
• Sponsor placements (tee signs, greens book ads, the digital ad behind the QR codes and the course tour) are approved by the course before they are published. Aetheris may decline content that is unlawful or misleading.
• Sponsor reports count QR scans and clicks on each placement. No result for a sponsor — visits, sales or anything else — is guaranteed.

The free turf tools give estimates from the numbers you enter and the sources each tool lists. They are provided as-is, without a warranty, and are not a substitute for the product label or for the judgement of your agronomist.

Prices are set per course in a written quote or agreement; none are published on this website. Payment terms, including invoicing and any subscription billing, are those stated in the signed quote or agreement.

The Client may use its deliverables for its own course, including selling its greens books and publishing its course tour. Aetheris keeps all rights in its software, methods, templates and designs. Aetheris may show a deliverable as an example of its work only with the course’s name, logo, address and people’s names removed, and never alters what the deliverable shows. Neither party gains rights in the other’s name or brand.

To the maximum extent permitted by law, Aetheris’s total aggregate liability under or in connection with any engagement is limited to the amount paid by the Client for the specific Services that gave rise to the claim. In no event shall either party be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, business interruption, or loss of data, regardless of the form of action.

Nothing in this Section limits liability that cannot be excluded under applicable law, including for gross negligence, wilful misconduct, or bodily injury caused directly by Aetheris.

Each party shall defend, indemnify, and hold harmless the other party from and against any third-party claims, damages, and reasonable attorneys’ fees arising out of its gross negligence, wilful misconduct, or material breach of these Terms. Aetheris additionally indemnifies the Client against claims arising from Aetheris’s drone operations to the extent covered by its aviation liability policy.

Neither party is liable for delay or failure to perform caused by circumstances beyond reasonable control, including weather, government action, airspace restrictions, natural disasters, public-health emergencies, or outages of third-party services. The affected party will notify the other promptly and the parties will work in good faith to reschedule.

Each party will treat as confidential any non-public information of the other party identified as confidential or that a reasonable person would understand to be confidential, and will use it only to perform under these Terms. This obligation survives termination for three (3) years, or indefinitely with respect to trade secrets and personally identifiable information.

Either party may terminate an engagement for material breach if the breach isn’t cured within fifteen (15) days of written notice. The signed agreement sets how a subscription or program ends otherwise. Sections 3, 10, 11, 12, 14 and 16 survive termination.

These Terms are governed by the laws of the State of Missouri, without regard to conflict-of-laws principles. The parties shall attempt in good faith to resolve any dispute through informal negotiation for thirty (30) days before initiating any formal proceeding. If informal negotiation fails, the dispute shall be finally resolved by binding arbitration administered under the American Arbitration Association’s Commercial Arbitration Rules, seated in Springfield, Missouri, before a single arbitrator. Either party may seek injunctive or equitable relief in a court of competent jurisdiction in respect of intellectual-property or confidentiality breaches without first arbitrating.

Aetheris may update these Terms by posting a revised version at this address with a new effective date, and will tell active clients about material changes by email. Questions: info@aetherisintel.com.