Terms of Service

1. Agreement to Terms

By accessing or using the services of Aerial Accuracy LLC ("Company," "we," "our," or "us"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our services or website.

These Terms govern all professional thermal drone inspection services we provide, including but not limited to: electrical thermography (NFPA 70B), roof moisture mapping (ASTM C1153), solar PV inspections (IEC 62446-3), precision agriculture, grain elevator inspections, stockpile volumetrics, and related aerial data services.

2. Services Overview

Aerial Accuracy LLC provides FAA Part 107-certified drone inspection services using advanced thermal imaging and RTK GPS technology. Our services are delivered in accordance with industry standards including NFPA 70B, ASTM C1153, and IEC TS 62446-3.

All services are subject to availability, weather conditions, airspace authorization, and compliance with federal, state, and local regulations.

3. Service Agreements and Quotes

3.1 Quotes and Estimates

All quotes provided are estimates based on information provided by the Client. Final pricing may be adjusted if actual site conditions, scope, or requirements differ from initial specifications.

3.2 Acceptance

Services commence upon Client's written or electronic acceptance of a quote and payment of any required deposit. Acceptance may be via email, signed proposal, or commencement of work with Client's verbal or written authorization.

3.3 Scope Changes

Any changes to the agreed scope of work must be documented and approved by both parties in writing and may result in pricing adjustments.

4. Payment Terms

4.1 Pricing and Deposits

• Pricing is as stated in the accepted quote or standard rate sheet.
• A 50% deposit may be required for new clients or projects exceeding $2,500.
• Monthly retainer clients will be invoiced according to their agreement terms.

4.2 Payment Due Dates

• Invoices are due within 30 days of issuance unless otherwise specified.
• Late payments may incur a 1.5% monthly service charge.
• Accounts overdue by 60+ days may be subject to collections and legal action.

4.3 Accepted Payment Methods

We accept payment via check, ACH transfer, credit card, or other mutually agreed methods. Credit card payments may incur a processing fee.

5. Client Responsibilities

5.1 Site Access and Safety

Client agrees to:

• Provide safe, timely access to inspection sites
• Identify all known hazards (electrical, chemical, structural)
• Ensure compliance with site-specific safety protocols
• Coordinate equipment shutdowns or load conditions as required
• Provide site escorts for industrial facilities as needed

5.2 Airspace and Permissions

Client represents and warrants that they have authority to grant access for aerial operations over the subject property. Client is responsible for notifying occupants and obtaining any required third-party permissions.

5.3 Information Accuracy

Client must provide accurate information regarding site conditions, equipment specifications, and project requirements. Company is not liable for errors resulting from inaccurate Client-provided information.

6. Weather and Force Majeure

Thermal drone inspections are weather-dependent and subject to FAA regulations. Company reserves the right to postpone or cancel flights due to:

• Unsafe weather conditions (wind, precipitation, visibility)
• Insufficient thermal conditions (solar loading, temperature differentials)
• Temporary Flight Restrictions (TFRs) or airspace closures
• Equipment malfunction or safety concerns

Rescheduling due to weather or force majeure will not result in cancellation fees. Deposits remain valid for rescheduled services within 90 days.

7. Deliverables and Data Ownership

7.1 Standard Deliverables

Upon full payment, Client receives the deliverables specified in the service agreement, which may include:

• Thermal and RGB orthomosaic imagery (GeoTIFF format, generated via photogrammetry software)
• Compliance reports (PDF) with annotated findings
• Defect logs or anomaly data (CSV, KML, or Shapefile)
• Supporting documentation (weather logs, methodology statements)

7.2 Data Ownership and Licensing

• Client Ownership: Client owns all project-specific data and reports upon full payment.
• Company Usage: Company retains the right to use de-identified data for internal quality control, training, and methodology development.
• Marketing Use: Company will not use Client data or imagery for marketing purposes without explicit written consent.
• Raw Data: Raw flight data and unprocessed imagery remain Company property unless explicitly purchased.

7.3 Data Retention

Company retains project files for 3-7 years for compliance and warranty purposes. Clients may request data deletion after project completion, subject to legal retention requirements.

8. Limitations of Service

8.1 Inspection Scope

Our inspections provide data and observations based on thermal imaging and visual assessment at the time of service. We do not:

• Provide engineering analysis, design recommendations, or repair specifications (unless explicitly contracted)
• Guarantee detection of all defects or anomalies
• Certify equipment safety or structural integrity
• Warrant compliance with building codes or regulations (we report findings only)

8.2 Standards Compliance

Services are performed in accordance with referenced industry standards (NFPA 70B, ASTM C1153, IEC 62446-3). However, adherence to these standards does not constitute a guarantee of detection or certification of compliance.

9. Limitation of Liability

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM.

9.2 Consequential Damages

COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOST PROFITS, BUSINESS INTERRUPTION, DATA LOSS, OR EQUIPMENT DAMAGE ARISING FROM OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Exclusions

Company is not liable for:

• Errors resulting from inaccurate Client-provided information
• Conditions that develop after the inspection date
• Defects not detectable using thermal imaging technology
• Client's failure to act on reported findings

10. Insurance and Indemnification

10.1 Company Insurance

Company maintains general liability insurance and aviation liability coverage as required by law. Certificates of Insurance (COI) are available upon request for specific projects.

10.2 Client Indemnification

Client agrees to indemnify and hold harmless Company from claims arising from:

• Client's failure to provide safe site access or disclose known hazards
• Third-party claims related to airspace permissions or property access
• Client's misuse of inspection data or reports

11. Confidentiality

Company agrees to maintain the confidentiality of all Client information, inspection data, and business operations. Client data will not be disclosed to third parties except:

• With Client's written consent
• As required by law or court order
• To subcontractors under confidentiality agreements (if applicable)

12. Cancellations and Refunds

12.1 Client Cancellations

• More than 48 hours before scheduled service: Full refund of deposit.
• 24-48 hours before scheduled service: 50% deposit retained.
• Less than 24 hours or no-show: Full deposit forfeited.

12.2 Company Cancellations

If Company cancels for reasons other than weather or safety, Client receives a full refund of all payments.

13. Regulatory Compliance

All operations are conducted in compliance with:

• FAA Part 107 regulations (Remote Pilot Certificate held)
• FAA airspace authorizations (LAANC or manual)
• Texas state and local UAS regulations
• Applicable industry standards (NFPA, ASTM, IEC)

Client acknowledges that certain areas may require advance airspace authorization, which may delay service delivery.

14. Warranty Disclaimer

SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Company does not warrant that inspections will detect all defects or that equipment will operate as expected following inspection.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

15.2 Venue

Any legal action arising from these Terms or our services shall be brought exclusively in the state or federal courts located in Hale County, Texas.

15.3 Mediation

Parties agree to attempt good-faith mediation before pursuing litigation. Each party bears their own mediation costs.

16. Modifications to Terms

Company reserves the right to modify these Terms at any time. Updated Terms will be posted on our website with a revised "Last Updated" date. Continued use of our services after changes constitutes acceptance of the modified Terms.

For existing projects, the Terms in effect at the time of agreement acceptance govern unless mutually agreed otherwise.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with any signed service agreements or quotes, constitute the entire agreement between Client and Company and supersede all prior or contemporaneous communications and proposals.

19. Contact Information

For questions regarding these Terms of Service, please contact us through our contact form.