These “Terms and Conditions of Use” (TCDU) establish the terms and conditions under which MAPLY TECNOLOGIA LTDA, a company duly enrolled with the CNPJ (MF) under No. 26.346.237/0001-12, with its registered office in the city of Barueri - SP at Av. Copacabana, No. 325, Conj. 1916, Dezoito do Forte Empresarial/Alphaville, Barueri - SP, ZIP Code 06472-001 (Maply), provides access to and regulates the use of the website located at www.maply.io and other websites under the same domain (SITE), as well as the SaaS applications, tools, mobile applications, applications in general, and related services (Service).
By using the SITE and/or the Service, or by clicking “I accept”, the USER declares that they agree with this TCDU and any unilateral amendments made by Maply. If the USER does not agree with this TCDU, they may not use the SITE or the Service.
This is a courtesy English translation of the original Portuguese document. In the event of any discrepancy between this version and the Portuguese version, the Portuguese version shall prevail.
1. Introduction
Thank you for choosing Maply. By signing up for or otherwise using the Service, the websites, and the software applications of Maply, or by accessing any content or material made available by Maply through the Service, you are entering into a binding agreement with the entity indicated in the preamble of this document.
1.1. Acceptance of the Agreements
The USER confirms that they have read, understood, and accepted the Agreements, and agrees to comply with them. The effective version of the Agreements can be found on the Maply website. If the USER does not agree with the Agreements or cannot comply with them, they may not use Maply’s Services or access any content.
1.2. Scope of the Agreements
The Agreements cover important information about the services provided by Maply, including charges, taxes, fees, future changes to the terms, automatic renewals, limitations of liability, and privacy information. Careful reading of the terms is recommended.
2. Amendments to the Terms
Maply may, at any time, modify, change, or delete part of the content of this TCDU, with a view to enhancing and improving the services provided, with or without prior notice.
2.1. User’s Responsibility
The USER acknowledges that it is their responsibility to review the TCDU periodically to check for any amendments. Continued use of the Services after the publication of changes constitutes the USER’s consent to be bound by the modified Terms of Service.
3. Eligibility
The USER may not use the Service or accept this TCDU if they:
- Are not at least 18 years old or do not have full legal capacity;
- Have previously been suspended or removed from the Service;
- Are a member of an organized military or armed force;
- Have been convicted of a crime or of a violation of aviation regulations;
- Their registration or use of the Service would violate applicable laws or regulations.
By accepting this TCDU, the USER warrants that they meet all of the above requirements.
4. User’s Responsibility
The USER is solely responsible for:
- Complying with all laws and regulations applicable to the operation of aircraft, including requirements for safe flights;
- Obtaining and maintaining all licenses, consents, and authorizations necessary to operate unmanned aerial devices;
- Ensuring compliance with privacy laws and property restrictions in the territory of operation.
4.1. Partial Flight Automation
When using the partial flight automation program, the USER remains solely responsible for the flight and for any damage caused, and must maintain command of the aircraft at all times. Maply shall not be held liable for failures in the program, and any error or failure shall be the responsibility of the USER for manual correction.
5. Privacy Policy
By accepting this TCDU or using the SITE or the Service, the USER declares that they have read, understood, and agree with Maply’s Privacy Policy, in addition to this TCDU. Maply may revise the Privacy Policy at any time, with new versions published on the SITE. If the USER does not agree with the Privacy Policy, they must immediately cease using the SITE and/or Service.
6. Payment
Access to the Service requires the payment of a monthly fee. Certain features of the SITE may require additional payments (e.g., image processing and extra services).
6.1. Payment Methods
Payments shall be made exclusively by credit card registered by the USER. The use of third-party cards is not permitted, under penalty of removal from the SITE and applicable legal measures.
6.2. Billing and Renewal
Monthly plans are charged automatically, in advance, and are non-refundable. There are no refunds or credits for partial months, upgrades, or downgrades. Renewal is automatic at the end of the subscription period, unless cancelled by the USER before the end of the current period.
6.3. Price Changes
Maply may change the prices of the Subscription Plans and other services, notifying the USER at least 30 days in advance. Changes take effect in the next subscription period. The USER may cancel the subscription before being charged the new amount, if they do not agree.
6.4. Free Trial Period
Maply may offer free trial periods to new users, with specifications disclosed at the time of registration. Access may be cancelled at any time by Maply, without prior notice.
7. Internet Access
Maply is not responsible for communication or internet failures. The USER is responsible for ensuring an adequate internet connection for the operation of the SITE and/or Service.
8. Accounts
8.1. Registration Requirements
The SITE and/or Service may only be used by persons over 18 years of age who meet the requirements of the TCDU. Persons previously disqualified or deemed legally incapable may not use the services.
8.2. Registration Rules
- Registration is free, but the services are charged in accordance with this TCDU;
- Each USER may have only one registration. Duplicate registrations may result in permanent disqualification;
- The information provided (Registration Information) must be true, accurate, current, and complete;
- The USER is responsible for maintaining the confidentiality of the password and for all activities in their account.
8.3. Restrictions
The USER must not:
- Impersonate another person;
- Use offensive or inappropriate names or emails, or those belonging to third parties without authorization;
- Allow third parties to use their account.
8.4. Verification and Cancellation
Maply may verify personal data, request documents, and cancel registrations that violate this TCDU. Registrations inactive for more than 6 months may be deleted without prior notice. The USER may request the deletion of their registration, which will be processed if there are no outstanding obligations.
9. Limited License
Maply grants the USER a limited, non-exclusive, personal, and non-transferable license to access and use the SITE and/or Service for personal and non-commercial purposes. All content of the SITE and/or Service (trademarks, logos, texts, images, code, etc.) is the property of Maply and is protected against copying or imitation.
10. System Breach and Confidentiality of Information
10.1. Prohibitions
Any attempt to interfere with the operations of the SITE and/or Service is prohibited, including the use of devices or software that violate security or intellectual property rights.
10.2. Data Security
Maply adopts measures to protect the USER’s personal data, but is not responsible for damages caused by security breaches by third parties using public networks or the internet.
10.3. User’s Responsibility
The USER undertakes not to violate applicable laws or regulations and shall be responsible for any improper use of the SITE and/or Service.
11. Third-Party Applications and Services
11.1. Third-Party Applications
The SITE and the Service may integrate third-party applications, subject to their own terms and privacy policies. Maply is not responsible for the behavior, content, or transactions related to such applications.
11.2. Third-Party Services
Service tools may allow the export of information to third-party services. Maply does not control such services and is not responsible for the use of the transferred information.
12. User Content
12.1. Responsibility
The USER is solely responsible for the content they submit to the SITE and/or Service (images, data, location history, etc.). Maply does not control, warrant, or take responsibility for such content.
12.2. Warranties
By posting content, the USER warrants that:
- They are the creator or hold the rights necessary for its use and distribution;
- The content does not infringe the rights of third parties or violate laws.
12.3. Content Management
Maply may hide, remove, edit, or block content that violates this TCDU or is considered objectionable, without prior notice.
13. Limitation of Liability
13.1. Disclaimer of Liability
Maply is not responsible for:
- Defects or technical faults arising from the USER’s system or from third parties;
- Failures of the internet, server, or the USER’s system;
- Damages caused by viruses, malware, or third-party conduct;
- The accuracy, precision, resolution, or reliability of the data generated by the SITE and/or Service.
13.2. Indemnification
The USER shall indemnify Maply for any breach of this TCDU, violation of laws, or damages caused to third parties, including attorneys’ fees.
13.3. Legal Limits
To the extent permitted by law, Maply shall not be liable for indirect, special, incidental, punitive, or consequential damages, nor for loss of use, data, business, or profits, limiting its liability to the amounts paid by the USER in the last 12 months.
14. General Provisions
14.1. Intellectual Property
The commercial use of the SITE address, content, programs, databases, and other elements is prohibited without the express authorization of Maply, and they are protected by copyright, trademark, and patent laws.
14.2. Customer Support
Questions related to accounts and payments may be submitted to the customer service department via the contact form on the website. Maply does not guarantee responses within specific timeframes.
15. Governing Law and Jurisdiction
This TCDU shall be interpreted in Brazilian Portuguese and governed by the laws of the Federative Republic of Brazil. To settle any doubts or disputes, the parties elect the courts of the Judicial District (Comarca) of Barueri - SP, to the exclusion of any other.