Terms of use

Terms and conditions of Flyvast

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

By using this website, the mobile application or the Flyvast.com platform, you agree to these Terms and Conditions of Use (“Terms and Conditions”), and the Geovast 3D SARL Privacy Policy (“Privacy Policy”). If you do not agree with all of these Terms and Conditions and the Privacy Policy, do not use this site.

This Site (“Flyvast.com”) is owned and operated by Geovast 3D SARL (“Geovast 3D”, “we”, “us”). Geovast 3D reserves the right to revise these Terms and Conditions at any time. By continuing to use this Site, you agree to abide by any such revisions, and to comply with all applicable laws and regulations. The materials provided by this Site are protected by law, including French copyright law and international treaties.

You may only use the Site if you are at least 18 years old and can enter into a binding contract (this Site is for adults only). By using this Site, you represent that you are at least 18 years old. All content published on this Site is provided for professional, industrial, research and development purposes only.

The contents of this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, logos and information obtained from Geovast 3D licensors, and other materials, (“Content”) are protected by copyright under foreign and French law. Title to the Content remains with Geovast 3D. Any use of the Content not expressly permitted by the Terms and Conditions is a violation hereof and may violate copyright, trademark, and other laws. Except as provided herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, published, or transmitted in any form or by any means without the prior written permission of Geovast 3D or its licensors. Geovast 3D authorizes you to view or download a single copy of the Content solely for your lawful, personal, non-commercial use if you include the following copyright notice: “© 2016 Geovast 3D. All rights reserved” and retain all other copyright and proprietary notices contained in the Content. Any special rules regarding the use of other materials provided on the Site may be included elsewhere on the Site and are incorporated into these Terms and Conditions by reference. Use of the Content on any other website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Geovast 3D and its licensors. If you violate these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies of any portion of the Content you may have made.

You may not, without Geovast 3D’s written permission, “mirror” any portion of the Content on this Site or on any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site by hacking, password mining or any other means. Geovast 3D reserves the right, in its sole discretion, to terminate your access to the Site, in whole or in part, at any time, with or without cause, without notice. Translated with www.DeepL.com/Translator (free version)

By using the Flyvast.com website, you acknowledge that you have accepted the terms and conditions of this Agreement. By signing the online service subscription quote you agree to the terms and conditions of this Agreement, and after validating the information you have entered in the registration form, you become registered as a “Registered User “* and agree to be referred to as a “User” (as defined in section 3) which guarantees that you are represented in this Agreement. If you do not agree to the terms and conditions of this Agreement, you may not use this website. If you have any questions about this Agreement, you can contact us at the following email address: [email protected] * The term “Registered User” means any individual or entity that is registered on the Flyvast.com website.

The Flyvast.com website provides a means for Project Owners to submit projects (point clouds, templates) and to search for third party users (Providers / Other Users / Clients) who can use them. The site provides an optional matchmaking and payment service and other services that Flyvast.com may offer to Users from time to time. These other services are subject to the terms and conditions of this Agreement and in particular to section “4. The Services”. From the Flyvast.com website, we provide information about our services, our users and other third party information. We may change, delete or add some or all of this information at any time. By entering into this Agreement with Flyvast.com, you agree to the payment terms described in section 8 and therefore agree to pay for specific services.

You may not use any device, software, or algorithm, including but not limited to viruses, trojans, worms, DOS attacks, with the intent to damage or interfere with the proper working of the Website, or any operation of the Website, to intercept and use the Website system, data, or personal information. You are prohibited from taking any action that would overload our system, including but not limited to “spamming” or other mass emailing techniques.

A. You are solely responsible for the information you post on our Website, including but not limited to any form of posting (scatterplot, 3D model, image, video, …), creating a message in a chat room, or through an e-mail system. You grant us the irrevocable right to enforce copyrights and publicity rights with respect to such information. Information you post must not: infringe the rights of others, including but not limited to intellectual property rights, publicity, or privacy; be defamatory, threatening, harassing; be obscene, indecent, or contain pornography. We are not responsible for information posted by Registered Users nor are we liable for any such information posted on our Website including but not limited to information about you. We reserve the right to take such legal action with respect to information posted on our Website as we, in our sole discretion, deem appropriate, including but not limited to termination of this Agreement. Furthermore, we cannot control the information provided to you by Registered Users through the Website. Very rarely is information posted by people offensive, threatening or inaccurate. The information provided on the Flyvast.com Website is delivered as such and may contain technical inconsistencies or typographical errors.

B. The Website may contain links to external websites that are not under the control of Geovast 3D. We are not responsible for the content of these websites or for any links that may be contained in these external sites.

A. Flyvast.com provides RELATIONSHIP SERVICES for Registered Users, including you, the other Users. All parties are independent from Flyvast.com with respect to matters outside of this Agreement. Registered Users shall not be considered employees, agents or partners of Flyvast.com and Flyvast.com shall not be considered an employer, agent, or partner of Registered Users.

B. You understand that Flyvast.com acts merely as an intermediary between you and other users, and provides you with a Billing and Payment service. Flyvast.com is not responsible for ensuring the accuracy, completion, and performance of tasks you request of other users.

C. You agree that Flyvast.com, in providing all of its services, is not considered an employer. You agree and understand that Flyvast.com shall not be bound by any employment contract between you and any Freelancer, if such a contract exists. We are not responsible for and do not control the manner in which Other Users operate, and we are not involved in and do not control the hiring processes and working conditions of Other Users. We do not provide any materials or support to the Freelancer to carry out the project for which you hired them. Any problems, complaints or questions regarding the working environment, performance or other agreement between you and Other Users must be resolved by you and the Other Users you agree to.

D. By registering on Flyvast.com as a Service Seller, you agree to be incorporated or otherwise legally able to perform and sell the services you offer.

E. You agree to comply with all applicable laws regarding employment discrimination, taxes, payroll taxes and duties in your jurisdiction. You agree not to hold Flyvast.com liable for any violation or noncompliance by you with these statutes or laws.

F. Providers located outside continental Europe are NOT entitled to request a deposit or any payment prior to delivery of the subject matter of the service. Translated with www.DeepL.com/Translator (free version)

The Website and all intellectual property rights related to the Website, including but not limited to copyright, trademarks, notices left by Registered Users, belong to us. You may not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the source code of this Website and the intellectual property. Some of the content may be under the control of third party licenses.

Geovast 3D reserves the right to delete or suspend the account of members whose behaviour does not respect the terms of service, whose guarantees that they are working in accordance with the law are not sufficient, or for any other reason, including: not wishing to pay their commissions, abusive or rude, bad faith, dubious behaviour etc.

Geovast 3D reserves the right to publish, as a client reference, the names of companies using its services. By using our services, you tacitly accept that Geovast 3D can refer to your company name. However, if you do not want Geovast 3D to use your company name publicly, you can ask us by email or through the contact form.

A. Each party warrants that it has the right, full power and authority to accept this Agreement.

B. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLYVAST.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE QUALITY AND FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, AND AS TO THE NON-INFRINGEMENT OF THE RULES OF USE OF THE SERVICE BY ITS USERS.

C. FLYVAST. COM DOES NOT GUARANTEE THAT (i) THE SERVICE WILL PERFECTLY MEET YOUR EXPECTATIONS (ii) THE SERVICE WILL BE UNINTERRUPTED, OPPORTUNITY, SECURE OR ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EXACT AND RELIABLE (iv) THE QUALITY OF ANY SERVICES, (iv) THE QUALITY OF ANY SERVICES, INFORMATION PURCHASED OR OBTAINED BY YOU ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) DEFECTS IN THE SOFTWARE USED, IF ANY, WILL BE CORRECTED.

D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLYVAST.COM OR IN THE USE OF THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

A. In no event shall we be liable for any damages whatsoever, whether direct or indirect, special, punitive or consequential, arising out of access to or use of this Site or any information contained on this Site. This excludes all kinds of damages, including loss of profits, whether relating to the parties or not, whether arising in contract or tort (including negligence), or whether arising from service liability, even if We have been advised of the possibility of such damage.

B. Our contracts with our suppliers, including that of our hosting provider, imply that they may perform emergency or scheduled maintenance at any time. We are not responsible for the unavailability of the Website caused by our suppliers’ performance or lack of maintenance performance to keep the Website functional. Also, we will not be liable for any loss of data or transaction resulting from the delay, non-delivery or mis-delivery of our services.

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Flyvast.com has the right to transfer or assign this Agreement to any other person or entity without your consent. You may not transfer or assign this Agreement to any person or entity without our prior written consent.

The Agreement is concluded intuitu personae between Flyvast.com and the User. The rights and obligations under the Agreement may not be transferred, in whole or in part, to third parties, except in the case of a merger or acquisition. Flyvast.com’s failure to exercise or enforce any right or provision of the Agreement shall not be deemed a waiver of such right or provision. The limitations and exclusions set forth in the Terms and Conditions shall apply to the User if and to the extent permitted by French law. Any part or all of a provision of the Contract declared inapplicable or illegal shall be set aside from the Contract and shall not affect in any way the applicability of the remaining provisions of the Contract. The Parties undertake to replace any provision of the Contract deemed inapplicable or illegal with a provision of equivalent economic effect. Any dispute relating to the performance or interpretation of the Contract shall, depending on the jurisdiction, fall under the exclusive jurisdiction of the Commercial Court of Toulouse. French law shall apply and the language of proceedings shall be French. The Agreement contains all contractual provisions between Flyvast.com and the User regarding the Site and the services offered therein, to the exclusion of any previous agreement.

General conditions realized by Geovast3D and its team.