Terms of Service

Aetheris provides aerial data collection using small unmanned aircraft systems (sUAS) operated under FAA Part 107, including photographic and thermal imaging, and downstream photogrammetric processing, annotation, reporting, and optional subscription analytics. Specific deliverables, schedule, and acceptance criteria for each engagement are defined in a Statement of Work (SOW) or the tier specification associated with a portal-submitted request.

• Providing accurate and current property information, including address, ownership, gate codes, and any access restrictions.
• Securing all necessary permissions from property owners, tenants, and adjacent landholders if those parties are required by local law.
• Confirming there are no active airspace restrictions, TFRs, or operational hazards that would prevent flight on the requested date.
• Coordinating with site personnel as needed for ground safety, animal restraint, and equipment access.
• Providing prompt payment per the terms in the Statement of Work or portal invoice.

• Operating in compliance with 14 CFR Part 107 and all applicable FAA and state regulations.
• Maintaining $1,000,000 aviation liability insurance and providing a Certificate of Insurance on request.
• Performing pre-flight safety, weather, and airspace checks before each operation.
• Delivering the agreed deliverables in the formats and to the quality standards described in the SOW or tier specification.
• Maintaining confidentiality of Client information as set out in Section 12.

Client retains all right, title, and interest in the property and imagery captured at the Client’s direction (the “Client Data”). Aetheris is granted a perpetual, royalty-free license to retain and use Client Data in anonymised and aggregated form for the purposes of internal benchmarking, machine-learning model improvement, methodology validation, and case-study creation (with any identifying information removed). Aetheris retains all right, title, and interest in its scoring methodologies, report templates, processing pipelines, and proprietary software including but not limited to the Aetheris Property Condition Index (“A-PCI”) and the Aetheris Risk Matrix.

Deliverables are produced to the specifications stated in the SOW or tier description. Aetheris will deliver via the portal, secure file transfer, or other agreed channel within the timeline specified in the applicable Statement of Work or tier description and confirmed at scheduling. Acceptance is presumed if no written objection is received within ten (10) business days of the date deliverables are made available to Client through the applicable delivery channel; objections must specify the deliverable, the asserted defect, and the requested remedy.

• Invoices are payable Net 30 days from the issue date unless otherwise stated.
• Accepted payment methods: credit card / ACH via Stripe (default for portal invoices), check, or Zelle.
• Late payments accrue interest at 1.5% per month (or the maximum allowed by law, whichever is lower) from the due date.
• Disputed invoice amounts must be raised in writing within ten (10) business days of the invoice date.
• Stripe processing fees are absorbed by Aetheris; ACH or check is preferred for invoices above $5,000.

Client may cancel or reschedule any flight with at least 24 hours notice at no charge. Cancellations inside the 24-hour window may be billed at 25% of the tier price to cover scheduled mobilisation.

Aetheris reserves the right to reschedule due to weather, airspace restrictions, equipment failure, or other operational safety considerations. Weather cancellations initiated by Aetheris incur no charge to Client and the flight will be rescheduled at mutual convenience.

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 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 (the “Indemnifying 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 the Indemnifying Party’s gross negligence, wilful misconduct, or material breach of these Terms. Aetheris additionally indemnifies Client against claims arising from Aetheris’s operation of its sUAS to the extent covered by its aviation liability policy. Client additionally indemnifies Aetheris against claims arising from Client’s failure to secure access rights or permissions for the inspected property.

Neither party is liable for delay or failure to perform caused by circumstances beyond reasonable control, including weather events, government action, Temporary Flight Restrictions, airspace closures, natural disasters, public-health emergencies, equipment failure not attributable to negligence, or supply-chain disruptions affecting downstream software (e.g. Pix4D, Supabase, Stripe). The affected party will notify the other promptly and the parties will cooperate in good faith to reschedule or otherwise mitigate the impact.

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.

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.

As stated in Section 4, Aetheris retains all right, title, and interest in its methodologies, scoring algorithms, software, templates, and the A-PCI and Risk Matrix products. Client retains rights in its property data and any deliverables produced for it, subject to Aetheris’s aggregated-data license. Neither party acquires any trademark or other rights in the other’s brand by virtue of these Terms.

Either party may terminate an engagement for material breach of these Terms if the breaching party fails to cure within fifteen (15) days of written notice. Client may terminate any engagement for convenience by paying for work performed and any non-recoverable third-party costs incurred through the termination date. Sections 4, 8, 9, 11, 12, 13, and this Section 14 survive termination.

Aetheris may update these Terms by posting a revised version at this URL. Material changes will be communicated to active Clients by email or through the portal. Continued use of the Services after the effective date of revised Terms constitutes acceptance.