Modified: 08/31/2024


Effective Date: Feb 02, 2024

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These General Terms and Conditions of Service (“Terms”) govern your use of the services provided by KWARE DESIGN ("Company", “we”, “us”, or “our”), a data media firm offering aerial photos/videography, ortho-mapping, photogrammetry, data collection and visualization services. By accessing or using our services, you agree to be bound by these Terms.

01 Services Provided

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We offers a variety of drone services, including but not limited to aerial photos/videography, ortho-mapping, photogrammetry, data collection and data visualization services. Our services are tailored to meet the specific request of each client, as outlined in individual service order agreements.

02 Acceptance of Terms & Conditions

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By engaging with UASSIST/KWARE DESIGN for services using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If agreed, the Client automatically accepts our Terms and Conditions. If you do not agree with any part of these Terms, you should not use our services.

WEBSITE & CONTENT: You agree that the use of this Website is subject to the following Terms and Conditions. These Terms may be modified at any time; the date of the most recent changes or revisions will appear on this page. Continued access to this Website by you will constitute your acceptance of any changes or revisions to the Terms. If you do not agree with the Terms and Privacy Policy. Please do not use this Website. The materials contained on this Website are provided by KWARE DESIGN, LLC as a service to you for your noncommercial, personal use on an “as is, as available” basis and may be used by you for information purposes only. You acknowledge that you are using this Website at your own risk.

THIRD-PARTY WEBSITES & THEIR CONTENT: The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

KWARE DESIGN, LLC assumes no responsibility for errors or omissions in these materials. We does not commit to updating the information contained herein. KWARE DESIGN, LLC makes no and expressly disclaims all, representations or warranties, express or implied, regarding this Website, including without limitation the accuracy, completeness, or reliability of text, videos, graphics, links, products, services, and other items accessed from or via the Website, or that the Website will be uninterrupted, error-free, or free from other harmful components. No advice or information given by KWARE DESIGN, LLC or any other party on this Website shall create any warranty or liability. Under no circumstances shall KWARE DESIGN, LLC or any of its subsidiaries, affiliates, or their respective partners, or agents be held liable for any damages, whether direct, incidental, indirect, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on this Website or our services.

Materials published on this website are owned by KWARE DESIGN, LLC. & ALL © & TM MENTIONED BELONG TO THEIR RESPECTIVE OWNERS, and are protected by the Digital Copyright Millennium Act (DMCA) of 1998 and other copyright laws, including United States Code Title 17, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcasted, or otherwise exploited in any manner without the express written permission of KWARE DESIGN, LLC. You may not download freely accessible material from this website or any online or published source without express consent of KWARE DESIGN, LLC. If you obtain a license to use our watermarked image, a caption with credit and a link must be provided to our main page (uas.kwaredesign.com). We has the right at any time to reject or revoke use of these and any owned media without reason. If this is the case, you must remove content immediately upon notification from KWARE DESIGN or any of its affiliates. Failure to remove within 24 hours of notification, may pursue legal remedies after 5 days. UASSIST/KWARE DESIGN's trademarks are also considered intellectual property.

03 Acceptance of Aviation Regulations

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When a client schedules or request a session with UASSIST/KWARE DESIGN, LLC that is an automatic acceptance of all Federal/State/Local Aviation Regulations set by the Federal Aviation Administration, United States Department of Transportation, State & Local Governments. The client must not interfere with the safe and legal operation of the aircraft being used.

04 Session & Scheduling

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When scheduling a session with UASSIST/KWARE DESIGN LLC, we will not put your property in the schedule until a property location, clients name, client’s phone, client’s email, and service requested is received. Tentative scheduling can be made but will not guarantee your spot. Waivers and authorizations may be required due to FAA airspace restrictions and could delay or require rescheduling if necessary.

05 Estimate, Deposit & Cancellation Terms

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Any estimate that is approved via handwritten or email verification by the client and their team, is an approval for flight operations by UASSIST/KWARE DESIGN, LLC. Any cancellation by the client or their team, your deposit is non-refundable.

Deposits: If KWARE DESIGN, LLC permits payment after the project is complete, if these projects valued at $500 or more are subject to a 50% deposit payment before the project is started. These funds you can pay either by corporate direct deposit or online payment platforms like Stripe or Cash app. If paid by cash or check, must be paid at the time or before an appointment session, and check must be cleared by a financial institution. Other charges may, including transaction fees/rates if a service like Stripe, PayPal, or others similar to those examples are used. No fee is charged if check/cash are used. This method doesn't require fees to process.

Session or Due To Safety Cancellations: If the session is cancelled within 24 hours your 50% deposit on your project is non-refundable. We also at any time may cancel a service in full or partially due to any hazard that is presented on the property such as but not limited to insurrection, person or object showing hazard to flight operation. Safety is our top priority!

06 Service Agreements

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Each project will be governed by a separate service agreement that details the scope of work, timelines, fees, and specific terms. The service order agreement will supersede these Terms where conflicts arise.

07 Travel Terms

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The location of the session and/or data collection may be subject to additional travel fees based on distance if outside the administrative boundaries of 60 miles or if we deems it is necessary to charge for mileage ($0.75 per mile). Please contact us for more information.

08 Property Access

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When you schedule and/or agree to our services, you agree that you are the authorized by the owner of the property requesting footage/dataset, or you are authorized by the property owner to grant property access. By using our services, you are authorizing KWARE DESIGN, LLC. the right to allow flight operations, mission crew, and other company personnel access to all areas of the property deemed necessary to complete the requested service at the discretion of KWARE DESIGN, LLC. You waive your right to trespass or otherwise charge or prosecute KWARE DESIGN, LLC or its personnel.

You assume all liability should the property owner not be aware of our operation. Should problems arise such as a lockout, or law enforcement intervention, all services will be discontinued, and the full price of the service or amount agreed upon will be charged. Payment is due upon receipt of an invoice. These terms may be used to protect KWARE DESIGN, LLC and its personnel against all trespassing/unauthorized access charges while on the property that you requested. If access to property requires permit, badge and/or training, a rate of $85 per hour will be assessed for time dedicated to this process. This will be added to the final invoice. (the entire hour will be billed.)

09 Pricing & Payment Terms

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The pricing for the Services will be as agreed upon within the work-order contract. Payment for services must be made according to the following schedule:

• If any projects valued at $500 or more are subject to a 50% deposit are due after the work-order agreement is received and before the project is started.


• The remaining payment is due upon completion.

Clients are required to adhere to the payment schedule outlined in their service order agreement. Payments may be required upfront, on a milestone basis, or upon completion of services. Failure to make timely payments may result in a suspension of services. Should we allow for payment after services are complete, invoices are due and must be paid within 48 hours of the deliverables as noticed.

If invoice is not paid after 48hrs, an incur charge will be 45% of the total accrued invoice amount and will be added to the invoice every 30 calendar days it goes unpaid. Failure to pay invoice and fees within 2 calendar months, collections will be notified and will be collected at the client’s additional expense. Price reduction is available to the client under KWARE DESIGN, LLC discretion and terms. Upon full payment, all images delivered to the client may be used for the purpose of the license issued.

10 On-Site Authorized Representative

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The client is responsible for the presence of an authorized representative at the session to approve and/or direct KWARE DESIGN, LLC, or we will make the interpretation of the project. If a Client/Representative is not present or no written directions are given, in this cases the project’s interpretation shall be deemed acceptable and final.

11 Rescheduling due to Flight Restriction or Weather

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If the weather is inclement or there are temporary flight restrictions, we will reschedule you for the next closest time slot. There is no penalty for weather or TFR delays. However, you may not cancel and must allow for sufficient time to complete project during this point. All outdoor services are weather dependent. If there is inclement weather (rain/snow, high winds, temperature, etc) the scheduled date may need to be postponed, as determined by KWARE DESIGN LLC, for safety reasons. This would further include, but not be limited to, act of nature, riot, or civil disobedience, or person/property to possibly create hazards, which are outside the scope of a safe operation. Furthermore, we cannot be held liable for the inability to execute the services due to last minute changes in venue, site, circumstance, or local approval. Weather that prevent the completion of services is limited to a good faith attempt to reschedule the project, or failing to complete project, a refund of monies previously paid by the client.

12 Intellectual Property

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All work captured by KWARE DESIGN, including but not limited to aerial photos/videography, ortho-mapping, and photogrammetry, remains the property of KWARE DESIGN until full payment is received. Upon payment, ownership of the work will transfer to the client, except where creative services or third-party datasets/intel are involved. Which this case, the rights remain with the original creators. Client is granted a non-exclusive, non-transferable license to use creative content for the agreed-upon purposes.

MEDIA PROMOTION: Client grants KWARE DESIGN, LLC permission to use excerpts from the data/media content for promotional purposes on KWARE DESIGN's official social media channels and website.

13 Client Responsibilities

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Clients must provide all necessary on-site locations, information, and approvals in a timely manner to ensure that KWARE DESIGN can deliver services as agreed. Any delays or additional work caused by client actions may result in adjustments to the project timeline and additional fees.

14 Retakes, Changes or Corrections

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Reasonable revisions (retakes & changes) are included in the scope of work as specified in the service order agreement. Any requests for changes beyond the agreed scope may incur additional charges and affect project timelines.

There may be information on the Site or Project that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site or Project at any time, without prior notice.

15 Confidentiality

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KWARE DESIGN will maintain the confidentiality of any proprietary information provided by the client, except where required by law or necessary to deliver the services. Likewise, clients agree to keep any proprietary information from KWARE DESIGN confidential.

16 Service Termination

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Either party may terminate the service order agreement with written notice if the other party breaches these Terms or the service order agreement. Upon termination, the client will be responsible for payment of all services rendered up to the termination date. If you are unsatisfied with our services, please contact us at admin@kwaredesign.com or call us at 512.436.3141.

17 Dispute Resolution

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In the event of a dispute, both parties agree to attempt resolution through informal negotiation. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. If a resolution cannot be reached, the dispute will be settled through arbitration in accordance with the laws of the States of TX/AL.

18 Litigation

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KWARE DESIGN, LLC reserves the right to litigation in the event of non-payment of completed work, copyright, trademark, or other intellectual property infringement, client damages to KWARE DESIGN, LLC or any of the subsidiaries of the company (Such as false statements about us, and other actions that result in loss of business of our reputation or standing within the community). We agree that any litigation between us shall be construed according to the laws of the State of TX/AL, and jurisdiction and venue of any legal action between KWARE DESIGN, LLC and the client shall be in the State of TX or AL. In the event of litigation concerning these terms or services performed by KWARE DESIGN LLC, the client shall be responsible for the resulting attorney’s fees, court costs, expenses, and any other costs or expenses incurred, brought, or threatened.

Customer Satisfaction: If you are not satisfied with your deliverables, your first remedy is to let us know the specific reasons within 3 days of delivering footage or datasets, and allow KWARE DESIGN, LLC to make the appropriate corrections. This may include a re-edit or reshoot, at our discretion. If the property is reshot, you agree to make the property available during the time we request, etc. If We still cannot produce images to your satisfaction, your sole remedy is to be refunded for the undelivered project, which will allow for continued use of the paid content. In the event of a full refund, the client must stop using the content immediately and is not permitted to use the content for any purpose. Any deposit is non-refundable. In the event of an emergency, equipment failure or other unforeseen circumstance, KWARE DESIGN, LLC will return any money given up to that point but claims no further liability.

Furthermore, hiring KWARE DESIGN, LLC, the parties agree that they fully understand and will be bound only by the terms in this page. Any other terms must be agreed to in writing. Otherwise, the above terms will be considered the consolidated, exclusive terms between the parties.

19 Governing Law

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These Terms and Conditions are governed by and construed in accordance with the laws of the States of TX/AL, without regard to its conflict of laws principles.

Contact Information

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If you have any questions or concerns about these Terms and Conditions, please feel free to contact us at the following email: info@kwaredesign.com or address below.

KWARE DESIGN, LLC
PO BOX 242052
MGM, AL 36124