Terms of Use and Service Policy

These Terms of Use and Service Policy ("Terms") govern your access to and use of the websites owned by Upwash LLC ("Thrustlab," "we," "us," or "our"), including https://thrustlab.com, its subdomains, content, functionality, and services (collectively, the "Site"). By accessing or using the Site, or by clicking an acceptance box when available, you agree to be bound by these Terms and our Privacy Policy available on the Site (collectively, the "Policies"), each incorporated herein by reference. If you do not agree to the Policies, you must not access or use the Site. If you enter into a separate written agreement with us for specific services, that agreement will control to the extent of any conflict with these Terms. By accepting these Terms, you represent that you are legally able to enter into a binding contract and, if you accept on behalf of a company or other organization, that you have authority to bind that entity; in that case, "you" and "your" refer to that entity.

The Policies include important information and set forth the rules for use of the Site.

By using the Site, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are legally able to enter into these Terms. The Site is not intended for children under 13 years of age, and no person under 13 may use the Site.

We may modify these Terms from time to time in our sole discretion. Changes will be effective when posted on the Site, except that material changes will take effect only after we provide notice and obtain any acceptance or consent required by applicable law. Your continued use of the Site after the effective date of revised Terms constitutes your acceptance of the revised Terms. Nothing in these Terms confers any third-party rights or benefits.

You agree and accept this Terms Policy by clicking the accept box when you create a Thrustlab account, or by utilizing the services provided by Thrustlab. Thrustlab will record the version of this Terms Policy in force, the date and time, and technical details of your request, including but not limited to your IP address and browser identifier. You agree that Thrustlab will retain these records for the later of three (3) years or one (1) year after your account is terminated.

User Guidelines

You must not submit, post, publish, display, transmit, or otherwise make available any content that: (i) is unlawful, defamatory, obscene, indecent, abusive, harassing, hateful, discriminatory, violent, threatening, or otherwise objectionable; (ii) infringes, misappropriates, or violates any intellectual property, privacy, publicity, or other right of any person or entity; (iii) is false, misleading, deceptive, or likely to deceive any person, including component specifications you know to be false or fabricated; (iv) promotes or assists unlawful activity, including the unlawful operation of an unmanned aircraft in violation of applicable aviation regulations; (v) contains malware or other harmful code, or any file crafted to exploit a vulnerability in the Site or in software used by a person accessing shared content; (vi) contains another person's personal information without authorization; (vii) impersonates any person or entity or misrepresents your affiliation with any person or entity; (viii) contains unsolicited advertising, promotions, spam, or other solicitations without our prior written consent; or (ix) presents a Drone Simulation or configuration that you know drives a battery, motor, or other component materially beyond its manufacturer's ratings as safe, tested, or recommended for others to build.

Privacy

Our Privacy Policy explains how we collect, use, disclose, and otherwise process personal information. By using the Site, you consent to our processing of your information as described in the Privacy Policy.

The Service

Thrustlab is an electric-UAV (“Drone”) powertrain simulation tool. You select or define components, including but not limited to, motors, propellers, batteries, and electronic speed controllers (“Drone Information”). Thrustlab then produces engineering estimates of the powertrain behavior, including but not limited to, predicted thrust, electrical current, power, efficiency, temperatures, flight endurance (collectively, “Drone Simulations”). Thrustlab also provides related features to Drone operation, including but not limited to propeller geometry tools, component catalogs, project storage, and result sharing.

Sharing Your Content and Information

You own all of the content and information you enter on the Site, and you can control how it is shared through your account privacy settings, if available. In addition:

As a registered account holder you submit to the Site content that is covered by intellectual property rights, including text (such as user comments), software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, Drone Information, and other materials you may view on, access through, or contribute to the Site (“IP Content”). You understand that Thrustlab does not guarantee any confidentiality with respect to any IP Content you submit.

You shall be solely responsible for your own IP Content and the consequences of submitting or publishing your IP Content on the Site. By submitting IP Content, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents and permissions to publish all IP Content you submit.

For IP Content, you grant an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the IP Content in connection with the Site (and successors' and affiliates' business), including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (“IP License”). You also grant each user of the Site a non-exclusive license to access your IP Content through the Site, and to use, reproduce, distribute and display such IP Content as permitted through the functionality of the Site and under the Terms Policies.

You agree that IP Content you submit to the Site will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Site all of the IP License rights granted herein.

You further agree you will not submit to the Site any IP Content or other material that is contrary to the Site’s User Guidelines as in effect at the time you submit, or contrary to applicable local, national, or international laws or regulations.

Thrustlab does not endorse any IP Content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Thrustlab disclaims all liability in connection with IP Content on the Site. We may, but have no obligation to, monitor, review, screen, remove, refuse to post, or edit IP Content. We may take any action we deem necessary or appropriate with respect to IP Content, including removing or disabling access to it, disclosing your identity or other information to a person claiming that your IP Content violates that person's rights, referring matters to law enforcement, and cooperating with law enforcement authorities or court orders. You waive and hold harmless Thrustlab and its affiliates, licensors, service providers, owners, operators, agents, employees, and contractors from claims arising from actions taken in connection with investigations by Thrustlab or law enforcement. Thrustlab does not permit copyright infringement or other intellectual property infringement on the Site and may remove IP Content without prior notice, including upon receipt of a valid infringement notice.

We always appreciate your feedback or other suggestions about the Site, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Account Security

To access certain Site features, you may need to create an account. You must provide accurate, current, and complete registration information and keep it updated. You are responsible for all activity under your account and must keep your username, password, and other security credentials confidential. You must not permit another person to access the Site using your account, must notify us immediately at [email protected] of any unauthorized access to or use of your account or other security breach, and must log out at the end of each session, particularly when using a public or shared computer. We may disable any account, username, password, or other identifier at any time if we believe you have violated the Policies. You represent and warrant the following:

• You will not provide any false personal information on the Site, or create an account for anyone other than yourself without permission.
• You will not create more than one personal account.
• If we disable your account, you will not create another one without our permission.
• You will not use the Site if you are under 13 nor allow anyone under 13 to use the site through your account.
• You will keep your contact information accurate and up-to-date.
• You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You will not sell, rent, lease, sublicense, or transfer your account, Paid Subscription, or any access right, Digital Credit, or benefit attached to it, or operate an account on behalf of a group, team, or organization under a Paid Subscription licensed for individual use.
• You will not transfer your account to anyone without first getting our written permission.

General Use of the Service provided by the Site

The Policies apply to all users of the Site, including users who are also contributors of IP Content on the Site.

You are responsible for making all arrangements necessary to access the Site, including obtaining and maintaining compatible devices, software, internet access, and data services. You are also responsible for ensuring that all persons who access the Site through your internet connection comply with the Policies.

The Site may include links to third party websites that are not owned or controlled by Thrustlab. Thrustlab has no control over, and assumes no responsibility for the content, privacy policies, or practices of third party websites. In addition, Thrustlab will not and cannot censor or edit the content of any third party website. By using the Site, you relieve Thrustlab from any and all liability arising from your use of any third party website. Accordingly, Thrustlab encourages you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

You may link to the Site's homepage only in a fair and lawful manner that does not damage or take advantage of Thrustlab's reputation and does not suggest any association, approval, or endorsement by Thrustlab without our prior written consent. You must not frame, deep link to, inline link to, embed, or cause the Site or any portion of it to appear on another website except through functionality expressly provided by Thrustlab. We may withdraw linking permission or disable links at any time without notice.

Thrustlab grants you permission to access and use the Site provided that:

• You agree not to distribute in any medium any part of the Site or the IP Content without Thrustlab’s prior written authorization, unless the Site makes available the means for such distribution through functionality of the website.
• You agree not to alter or modify any part of the Site.
• You agree not to access IP Content through any technology or means other than the website itself.
• In your use of the Site, you will comply with all applicable local, national, or international laws and regulations.

You must not: (i) use any robot, spider, scraper, crawler, data-mining tool, or other automated means to access, monitor, copy, or collect information from the Site, except through the API or official SDK where expressly authorized by your Paid Subscription or a separate written agreement with us; (ii) use any manual process to monitor or copy Site materials except as expressly authorized by these Terms; (iii) scrape, crawl, harvest, systematically download, bulk-export, copy, or redistribute the Component Catalog, in whole or in substantial part, by any means; (iv) interfere with, disrupt, overburden, damage, disable, or impair the Site or another user's use of the Site, including by imposing an unreasonable or disproportionately large load on the Site's infrastructure; (v) circumvent, disable, probe, or interfere with any authentication, authorization, security, anti-abuse, rate-limit, usage-limit, Digital Credit, refund-abuse, or ownership-control feature of the Site; (vi) access or attempt to access another user's account, data, or private content without authorization, or guess, enumerate, or brute-force share tokens or other identifiers; (vii) test the Site for vulnerabilities except as expressly authorized by us in writing; (viii) use the Site's outbound webhook feature to direct traffic at endpoints you do not own or control, or otherwise use any Site feature to attack, overload, or interfere with a third-party system; (ix) introduce viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material; (x) attempt to gain unauthorized access to, interfere with, damage, or disrupt the Site, its servers, or any connected system, network, computer, or database; (xi) attack the Site through a denial-of-service or distributed denial-of-service attack; (xii) circumvent or attempt to circumvent simulation credit limits, plan limits, or other usage limits, including by creating multiple accounts, recycling accounts, or manipulating the Digital Credit system; (xiii) abuse promotional mechanics, including by submitting fabricated, duplicated, plagiarized, or low-effort component data to the Component Catalog to obtain Digital Credit rewards; (xiv) send unsolicited advertising, promotional materials, spam, chain letters, or similar solicitations; (xv) impersonate Thrustlab, a Thrustlab representative, another user, or any other person or entity; or (xvi) otherwise attempt to interfere with the proper working of the Site.

You must not reverse engineer, decompile, disassemble, or otherwise attempt to derive, extract, or reconstruct the Site's proprietary models, methods, data, or non-public source code, except to the extent applicable law grants you a right to do so notwithstanding this restriction. You must not systematically exercise the Site, including by running structured sweeps of inputs and recording outputs, to reconstruct, approximate, or train a substitute for its proprietary models, methods, or data, or use the Site or its outputs to develop, improve, train, or benchmark a competing simulation product or service. Nothing in this paragraph restricts you from using your own Drone Simulation results for purposes permitted by your Paid Subscription or from publishing your own results as permitted by these Terms.

Thrustlab reserves the right to withdraw, amend, restrict, suspend, or discontinue any aspect of the Site, including any feature, plan, Digital Credit allocation, or service, at any time and without notice. We will not be liable if all or any part of the Site is unavailable at any time or for any period.

Your Use of IP Content

The IP Content on the Site, the proprietary models, methods, data, and the trademarks, service marks and logos on the Site, are owned by or licensed to Thrustlab.

The name Thrustlab, the Thrustlab logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Thrustlab or its affiliates or licensors. You must not use those marks without Thrustlab's prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

All IP Content is provided “AS-IS”. You may access the IP Content, the proprietary models, methods, data, and trademarks for your information and personal use solely as intended through the provided functionality of the Site and as permitted under The Policies. You shall not download any IP Content, the proprietary models, methods, data, and trademarks unless you see a “download” or similar link displayed by the Site for that IP Content, the proprietary models, methods, data, and trademarks. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any IP Content, the proprietary models, methods, data, and trademarks for any other purpose without the prior written consent of Thrustlab or the licensor(s) of the IP Content, the proprietary models, methods, data, and trademarks. Thrustlab and its licensors reserve all rights not expressly granted in and to the service provided by the Site, the IP Content, the proprietary models, methods, data, and trademarks.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any IP Content, the proprietary models, methods, data, and trademarks or enforce limitations on use of the Site or the IP content, the proprietary models, methods, data, and trademarks therein.

When using the Site, you will be exposed to IP Content from a variety of sources. Thrustlab is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to IP Content on the Site. You understand and acknowledge that you may be exposed to IP Content on the Site that is inaccurate and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Thrustlab with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Thrustlab, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the service provided by the Site.

The information presented on or through the Site is provided solely for general informational purposes. We do not warrant its accuracy, completeness, usefulness, or currency, and any reliance you place on it is strictly at your own risk. Site content may be incomplete or out of date, and we have no obligation to update it. Statements, opinions, and other materials provided by users or third parties are solely those of their respective providers and do not necessarily reflect Thrustlab's views. Thrustlab is not responsible or liable for the content or accuracy of third-party materials.

Drone Simulations

By using this website you understand and acknowledge that Drone Simulations are tools and estimates to be utilized by you and you agree to the following:

You agree that every Drone Simulation is a model-based engineering estimate, not an exact measurement or certified data. Thrustlab provides no warranty as to the accuracy of the Drone Simulation.

Thrustlab provides no warranty for the real-world performance of the Drone, and you agree the real-world performance depends on factors the Drone Simulation cannot fully capture, including but not limited to manufacturing variation, environmental conditions, wiring and connector losses, airframe interactions, component age, and Drone condition.

You agree Thrustlab provides no warranty as to the accuracy or the applicability of the Drone Simulation, and the accuracy of the Drone Simulation depends on the following factors you supply:

• The correctness and accuracy of the Drone Information;
• The correctness and accuracy of Drone configurations;
• The correctness and accuracy of Drone parameters; and
• The correctness and accuracy of Drone component data you supply.

You agree to utilize your own independent judgement, independent verification of component specifications and design assumptions, and to perform your own reasonable testing on any Drone related to the Drone Simulation.

You agree Thrustlab provides no warranty that the Drone Simulation is a safety test. You are solely responsible for safety testing of the Drone or Drone components.

You agree the Drone Simulations are not professional engineering advice, and there is no engineer-client, consultant, or other professional relationship created between you and Thrustlab. Thrustlab provides no warranty that any Drone Simulation is professionally certified or reviewed by a licensed professional.

You agree that the, assembling building, testing, or operating of a Drone is the sole responsibility of you. Any damage to yourself, a third party, your own property, or a third party’s property caused by or during your assembling, building, testing, or operating of a Drone is your sole responsibility.

You agree that Thrustlab provides no warranty for the accuracy of the Drone component catalog, including but not limited to motor, propeller, battery, and ESC data collected from manufacturer specifications, publicly available data, and third party sources (the “Component Catalog”). You agree to, at your sole expense and effort, to verify the correctness and accuracy of the Component Catalog.

You agree that you are solely responsible for any conclusion or assumption that you rely on from the results of the Drone Simulation.

By using this Website and the Drone Simulations, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Thrustlab with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Thrustlab, its owners, operators, affiliates, licensors, agents, employees, contractors, and licensees to the fullest extent allowed by law regarding all matters related to your use of a Drone, Drone Simulations, or any other service provided by Thrustlab.

Termination

If you violate the Policies, create risk or possible legal exposure for Thrustlab, fail to pay amounts due, or engage in suspected fraud, abuse, or unauthorized use, we may suspend or terminate your access to all or part of the Site, including your account, Paid Subscription, Digital Credits, and API or SDK access, with or without notice. For most violations, we may proceed in escalating steps of warning, suspension of the account or relevant feature while the issue is addressed, and termination. We may skip any step, including by suspending or terminating immediately and without prior notice, where we determine in good faith that a violation is serious, deliberate, unlawful, poses a security risk, or presents a credible risk of harm to Thrustlab, the Site, its users, or any third party. We may remove, disable, or unshare content that violates the Policies, including by revoking public share links and removing Component Catalog submissions, without prior notice. We are not obligated to monitor use of the Site, and taking no action on one violation does not waive our right to act on another. In appropriate circumstances, Thrustlab will terminate users who are repeat copyright infringers. We may report unlawful conduct to law enforcement or other appropriate authorities and cooperate with lawful investigations. You may cancel your account or Paid Subscription at any time as described below. Upon termination, your right to access and use the Site will cease, and provisions that by their nature should survive will survive, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnity, disputes, and payment obligations.

To report a violation of the Policies, email [email protected] and include sufficient detail for us to locate the conduct or content, such as a share-link URL or Component Catalog entry. Copyright infringement reports must instead follow the Digital Millennium Copyright Act process below. We may, but are not obligated to, review or act on any report and do not promise any particular review, outcome, timeline, or response.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any IP Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the (“Copyright Agent”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to [email protected] with the subject line “DMCA NOTICE”. Only DMCA notices should be sent to the Copyright Agent; all other feedback, comments, technical-support requests, and communications should be directed to [email protected]. You acknowledge that if you fail to comply with all requirements of this section, your DMCA notice may not be valid.

Counter-Notice. If you believe that your IP Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner's agent, or pursuant to the law, to post and use the material in your IP Content, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;
• Identification of the IP Content that has been removed or to which access has been disabled and the location at which the IP Content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the IP Content was removed or disabled as a result of mistake or a misidentification of the IP Content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in Harris County, Texas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Thrustlab may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed IP Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the IP Content provider, member or user, the removed IP Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Thrustlab’s sole discretion.

Plans, Billing, and Automatic Renewal

Thrustlab offers users paid subscription options (each, a “Paid Subscription”). A Paid Subscription may be billed monthly or annually and is billed in advance for the applicable billing period. The tiers, prices, and features are subject to change at Thrustlab's sole discretion. We may modify, discontinue, limit, or replace any Paid Subscription feature, usage limit, or Digital Credit allocation or rule, subject to applicable law and any separate written agreement between you and Thrustlab. Paid Subscriptions are currently offered and billed only to customers in the United States; the free tier is available internationally, subject to these Terms.

You agree and consent to the automatic renewal of the Paid Subscription, its terms, and price until you elect to cancel the Paid Subscription. By subscribing to the Paid Subscription, you authorize us and our payment processor to store your payment method and charge it each term, until you elect to cancel the Paid Subscription. Monthly plans renew for successive one-month terms, and annual plans renew for successive one-year terms. There is no minimum term commitment, minimum number of payments, or early-termination fee.

Thrustlab will provide a renewal reminder to the email address associated with your Paid Subscription within fifteen (15) to forty-five (45) days before the renewal of your Paid Subscription.

Thrustlab will provide notice of price changes of your Paid Subscription to the email address associated with your Paid Subscription no less than seven (7) days and no more than thirty (30) days before the change for your Paid Subscription.

You agree and consent that if payment for your Paid Subscription fails, Thrustlab may, through its payment processor, retry the charge during a limited retry period and may notify you so that you can update your payment method. If payment cannot be collected after that period, we may suspend your Paid Subscription or downgrade your account to the free tier.

The Paid Subscription prices are exclusive of taxes, levies, and duties. If Thrustlab is required to collect the taxes, levies, and duties, then the taxes, levies, and duties will be added to the Paid Subscription price.

If you believe a charge is incorrect, please send email to [email protected].

You may cancel your Paid Subscription at any time through the billing portal in your account settings. If you have difficulty cancelling online, you may contact [email protected], but email is not required to cancel. Unless otherwise required by applicable law or expressly stated in a separate written agreement, cancellation takes effect at the end of the then-current billing period, fees already paid are non-refundable, and you will retain access to the Paid Subscription through the end of that billing period. Upon cancellation or termination, your access to Paid Subscription features will end, and any unused Digital Credits may expire or be forfeited as described below. You are responsible for exporting any content or data you wish to retain before your account or Paid Subscription ends; we have no obligation to retain it after termination except as required by applicable law.

Except as required by applicable law, fees and charges are non-refundable, including renewal charges and charges for partial billing periods, downgrades, or unused service. You may request a refund of your first Paid Subscription charge within seven (7) calendar days after that charge. If we grant a refund, your Paid Subscription will be cancelled and paid access will end immediately, while your account will return to the free tier subject to applicable free-tier limits. If we terminate your Paid Subscription other than for your breach of the Policies or discontinue the Site, we will refund the prorated unused portion of your prepaid period. Nothing in these Terms limits any non-waivable refund, cancellation, or withdrawal right available under applicable law.

Drone Simulation Credits

Digital credits are used to access and utilize the Drone Simulation tool (the “Digital Credits”). Digital Credits have no cash value, are non-transferable, and are non-refundable except as required by applicable law. Digital Credits may expire, terminate, or be forfeited upon cancellation, expiration, suspension, or termination of your Paid Subscription or account, or as otherwise specified when the Digital Credits are issued.

Commercial Use

For the purposes of this Terms Policy, “Commercial Use” means any activity that utilizes Thrustlab’s services and outputs and (i) generates revenue for you, (ii) generates income for you, (iii) is sold by you, (iv) is delivered by you, or (v) is used in the course of your business activities.

Unless expressly authorized by Thrustlab in writing, you warrant and agree that you will not use the Paid Subscription or any service provided by Thrustlab for any commercial use, including reselling, metering out, or otherwise commercially exploiting access to the Site.

You agree that if you seek to use the services provided by Thrustlab for any Commercial Use, you will contact Thrustlab at [email protected] to obtain a commercial license before that Commercial Use.

Weapons or Military Use

You will not use the Site for any military end use or military-intelligence end use, or in the design, development, production, or deployment of weapons or weapons-delivery systems.

Export Controls and Sanctions

You may not access or use the Site, or export, re-export, or transfer any software, including the Python SDK, technical data, or outputs obtained through the Site, in violation of United States export-control or sanctions laws or any other applicable law. You represent and warrant that: (a) you are not located in, and will not access or use the Site from, any country or region subject to comprehensive United States embargoes or sanctions; and (b) you are not listed on, and are not owned or controlled by any person or entity listed on, any United States government list of prohibited, denied, or restricted parties.

API, SDK, Webhooks, and Programming Access

API and SDK access might be included with certain tiers of the Thrustlab Paid Subscription. Any programming access besides what is included with certain tiers of the Thrustlab Paid Subscription or authorized under a separate written commercial agreement with Thrustlab is strictly forbidden. The use of the API and SDK are subject to the terms of this Terms Policy, subject to the written commercial agreement between you and Thrustlab, published documentation by Thrustlab, and rate limits set by Thrustlab. Any automated access to the web application, and any use of the API or SDK outside the scope of your authorization, is prohibited. Receiving event notifications through the Site's built-in outbound webhook feature, where available on your plan, is not automated access for purposes of this paragraph.

Thrustlab reserves the right to revoke or suspend the use of API or SDK at any time and for any reason.

If you register webhook endpoints, you are responsible for the URLs you register and for securing your endpoint using the signing secret we provide.

Any payment-processing services are provided by third-party payment processors and may be subject to their separate terms and privacy policies. By submitting payment information, you authorize Thrustlab and its payment processors to charge the applicable fees, taxes, and other amounts due for your Paid Subscription.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES PROVIDED BY THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THRUSTLAB, ITS OWNERS, OPERATORS, AFFILIATES, LICENSORS, AGENTS, EMPLOYEES, AND CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES PROVIDED BY THE SITE AND YOUR USE THEREOF. THRUSTLAB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, AND (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. THRUSTLAB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THRUSTLAB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

You are responsible for implementing sufficient procedures and safeguards to meet your requirements for anti-virus protection, data-input and data-output accuracy, and reconstruction of lost data, including maintaining backups external to the Site. Thrustlab is not liable for loss or damage caused by a denial-of-service attack, viruses, or other technologically harmful material that may infect your devices, programs, data, or other proprietary material due to your use of the Site, services, downloads, or linked websites.

Limitation of Liability

IN NO EVENT SHALL THRUSTLAB, ITS OWNERS, OPERATORS, AFFILIATES, LICENSORS, AGENTS, EMPLOYEES, AND CONTRACTORS BE LIABLE TO YOU FOR ANY (A) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR (B) DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES PROVIDED BY THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES PROVIDED BY THE SITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES PROVIDED BY THE SITE BY ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

The Site is controlled and offered by Thrustlab from its facilities in the United States of America. Thrustlab makes no representations that the service provided by the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Thrustlab, owners, operators, affiliates, licensors, agents, employees, and contractors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or related to: (i) your actions, content or information on the Site, or other use of or access to the service provided by the Site; (ii) your violation of any term of this Terms Policy; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your IP Content caused damage to a third party; or (v) your physical implementation of, or reliance on, any Drone Simulation outputs or specifications. This defense and indemnification obligation will survive this Terms Policy and your use of the service provided by the Site.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms Policy, and to abide by and comply with this Terms Policy. In any case, you affirm that you are over the age of 13, as the service provided by the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.

Assignment

This Terms Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Thrustlab without restriction.

Disputes

Except to the extent applicable law prohibits mandatory arbitration or permits you to bring a claim in court, you will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Terms Policy or Thrustlab by binding arbitration administered by the American Arbitration Association in accordance with its applicable rules. The arbitration will take place in Harris County, Texas, unless the parties agree otherwise, and the laws of the State of Texas will govern any claim that might arise between you and us, without regard to conflict of law provisions. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, the award will not be subject to appeal or review except as expressly permitted under the Federal Arbitration Act. Nothing in this paragraph prevents either party from seeking temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to protect its intellectual property rights or prevent unauthorized access to or use of the Site. If applicable law prohibits arbitration of a claim, the exclusive venue for that claim will be the state or federal courts located in Houston, Texas, and you consent to the personal jurisdiction of those courts.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST THE THRUSTLAB IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. NOTHING IN THIS PARAGRAPH PREVENTS YOU FROM SEEKING PUBLIC INJUNCTIVE RELIEF TO THE EXTENT SUCH A WAIVER IS PROHIBITED BY APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THAT CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THRUSTLAB IS PROVIDING THE SITE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. THRUSTLAB IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THRUSTLAB, OWNERS, OPERATORS, AFFILIATES, LICENSORS, AGENTS, EMPLOYEES, AND CONTRACTORS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. THRUSTLAB WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Special Provisions Applicable to Users Outside the United States

We strive to create a website with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with the Site outside the United States:

• You consent to having your personal data transferred to and processed in the United States.
• If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on https://thrustlab.com/ (such as advertising). You will not use the Site if you are prohibited from receiving products, services, or software originating from the United States.

Other

These Policies are an agreement between you and Thrustlab.

This Terms Policy and The Policies make up the entire agreement between the parties regarding Thrustlab, and supersede any prior agreements.

If any portion of the Policies is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of The Policies, it will not be considered a waiver.

You will not transfer any of your rights or obligations under this Terms Policy to anyone else without our consent.

Nothing in this Terms Policy shall prevent us from complying with the law.

We reserve all rights not expressly granted to you.

You will comply with all applicable laws when using or accessing the Site.

By using or accessing the Site, you agree that Thrustlab can collect and use such content and information in accordance with the Privacy Policy incorporated herein by reference as amended from time to time.