1. Agreement and Acceptance
By using this website, submitting an inquiry, using a ScanAir software tool, accepting
a quote, approving a statement of work, paying an invoice, or purchasing services from
ScanAir, you agree to these Terms of Service.
For paid services, software exports, checkout flows, account-based features, or other
higher-risk workflows, we may require you to accept these terms by clicking a checkbox,
signing a quote, approving a statement of work, paying an invoice, or otherwise
confirming acceptance. We may keep records of the terms version accepted, date and
time of acceptance, IP address, user email, project identifier, and related
transaction information.
If a written quote, statement of work, invoice, order page, or signed agreement applies
to a project, that project document will also apply. If there is a conflict, the more
specific written project document will govern for that project.
2. ScanAir Identity and Contact
ScanAir is the operating name used for this website and related services, operated from
North Bay, Ontario, Canada. Where required for a consumer agreement, invoice, quote,
receipt, tax record, or other project document, the applicable legal supplier name,
business premises address, tax details, phone number, and other required contact
details will be provided in that document.
3. Client Types
A "Consumer Client" is an individual acting for personal, family, or household
purposes. A "Business Client" is a person or organization acting for business,
commercial, professional, municipal, institutional, or other non-household purposes.
Some sections of these terms apply differently depending on which type of client you
are.
4. Ontario Consumer Rights
Nothing in these terms limits any non-waivable rights, statutory warranties,
cancellation rights, refund rights, remedies, or dispute processes you may have under
Ontario consumer protection laws or other applicable laws.
Where a client is a consumer under applicable Ontario consumer protection law, ScanAir
will provide the disclosures, copies, cancellation rights, refund treatment, and other
protections required by law. For Ontario consumer internet agreements where the rules
apply, this may include clear pre-contract disclosure of supplier contact details,
goods or services, price, additional charges, payment terms, delivery or performance
dates, cancellation or refund terms, restrictions, an express opportunity to accept,
decline, and correct errors, and a copy of the accepted agreement within the required
period.
Consumer quotes, order pages, invoices, and written project documents are intended to
provide the project-specific disclosures required for the transaction.
5. Services
ScanAir provides drone capture, aerial documentation, 3D reconstruction, Gaussian
splatting, photogrammetry, project visuals, and drone software tools. Services may be
provided locally in North Bay, Ontario and surrounding areas, while software tools may
be available to users in other locations.
Service availability, pricing, timelines, deliverables, flight areas, usage rights,
file formats, and other project details are confirmed in writing before paid work
begins.
6. Quotes, Estimates, and Scope Changes
Quotes and estimates apply only to the written scope, assumptions, site conditions,
access, deliverables, flight areas, timelines, and file formats stated in the quote or
project document. A quote is fixed only for the stated scope and validity period.
If the client requests additional or different services, or if unknown site, safety,
access, airspace, weather, legal, privacy, or technical conditions materially affect
the work, ScanAir may request written approval for a scope change before proceeding.
For consumer agreements, estimates, quote changes, and additional charges will be
handled in accordance with applicable consumer protection laws.
7. Payment, Taxes, and Records
Payment terms, deposits, taxes, expenses, accepted payment methods, invoice timing,
delivery timing, late-payment consequences, cancellation terms, and refund terms will
be stated in the applicable quote, invoice, order page, or project agreement.
8. Scheduling, Weather, and Cancellations
Drone and outdoor capture work may be affected by weather, wind, precipitation,
lighting, airspace restrictions, emergency activity, equipment issues, crew
availability, or site access. We will work with you to reschedule when practical.
Cancellation fees, rescheduling fees, deposits, and refunds will be handled as stated
in the applicable quote or agreement and subject to any mandatory rights under
applicable Ontario law.
9. Client Responsibilities
You are responsible for:
- Providing accurate project, site, contact, billing, and access information.
- Confirming that you have authority to request capture or documentation of the property, site, or project area.
- Obtaining required permissions from owners, tenants, site managers, municipalities, or other relevant parties.
- Identifying hazards, privacy-sensitive areas, restricted zones, people, utilities, site rules, and access limits before work begins.
- Using deliverables and software outputs safely, lawfully, and only for the agreed or appropriate project purposes.
10. Drone Operations and Safety
Drone operations are subject to weather, airspace, site access, aviation safety,
equipment limits, privacy, trespass, and applicable law. ScanAir may refuse, pause,
reschedule, modify, or cancel a flight if we believe conditions are unsafe, unlawful,
impractical, or outside the agreed scope.
Drone flights in Canada are regulated federally. Depending on the drone, operation,
weight, location, timing, and pilot, legal requirements may include Transport Canada
pilot certification, drone registration and marking, airspace authorization, operating
procedures, Level 1 Complex or other advanced requirements, event restrictions,
operational limitations, and compliance with the Canadian Aviation Regulations.
11. Software Tools and Flight Safety
ScanAir software tools, including the DJI Drone Path Creator, are informational
planning aids. Software outputs, including drone routes, maps, path files, settings,
exports, and planning recommendations, are not flight authorization, airspace
clearance, obstacle clearance, weather approval, manufacturer approval, legal advice,
or a substitute for pilot judgment.
Before flying, the pilot must independently verify the route and settings in DJI Fly
or the applicable flight software, NAV CANADA or NAV Drone, NOTAMs, weather, battery
limits, obstacles, people, property restrictions, manufacturer instructions, drone
configuration, site conditions, privacy and trespass concerns, and all applicable laws.
12. Deliverables and Sharing Rights
Once payment is complete, and unless a written agreement says otherwise, ScanAir grants
the client a non-exclusive licence to use final project deliverables for the agreed
project purpose and for the client's internal business, planning, marketing, property,
documentation, insurance, sale, lease, or stakeholder-review purposes.
The client may share final deliverables with employees, contractors, advisers,
insurers, real estate professionals, prospective buyers or tenants, municipal or
project reviewers, and other project stakeholders as reasonably needed for the agreed
purpose. The client may not resell, sublicense, redistribute deliverables as a
standalone product, or use them to create a competing service unless ScanAir agrees in
writing.
ScanAir retains ownership of pre-existing materials, software, workflows, templates,
methods, raw processing files, and intellectual property not expressly assigned in
writing. We may use non-confidential project learnings to improve our services.
We will not use client project photos, videos, raw footage, 3D models, Gaussian splats,
photogrammetry outputs, or other project media for public portfolio use, advertising,
social media, public demonstrations, case studies, AI/model training, or unrelated
product development unless the client expressly authorizes that use in writing.
13. Raw Files, Storage, and Backups
Raw footage, source images, intermediate files, processing files, software settings,
route-development files, and working files are not included unless expressly stated in
writing. Final deliverables are provided in the agreed formats.
ScanAir may retain or delete project files in accordance with its business practices,
Privacy Policy, and project documents. We do not guarantee long-term storage or
re-delivery of files unless agreed in writing. Clients are responsible for downloading,
storing, and backing up final deliverables after delivery.
14. Accuracy, Measurements, and Professional Use
Aerial imagery, 3D reconstructions, Gaussian splats, photogrammetry models, path
planning outputs, and project visuals are provided for visual context and planning
support unless a written agreement specifically states a survey-grade, engineering,
legal, or regulatory deliverable.
If measurements, volumes, coordinates, grades, clearances, or mapped boundaries are
provided, they are approximate visual or planning references unless the project
document states a specific accuracy standard, coordinate system, tolerance, control
method, or licensed professional deliverable. You should not rely on deliverables as a
substitute for licensed surveying, engineering, architectural, legal, safety,
insurance, or regulatory advice.
15. User Materials
If you provide files, plans, images, route data, site notes, access instructions, or
other materials, you confirm that you have the right to provide them to ScanAir. You
grant ScanAir permission to use those materials as needed to respond to your inquiry,
provide services, create deliverables, support you, and administer the project.
16. Confidentiality
Each party will use reasonable care to protect the other party's non-public
confidential information. Client confidential information may include non-public
project files, plans, site details, access instructions, security-sensitive
information, business information, and project communications.
This does not restrict disclosure required by law, disclosure to service providers or
professional advisers who assist with the project, disclosure needed for safety or
legal compliance, disclosure authorized by the affected party, or information that is
public, already known, or independently developed without using confidential
information.
17. Client Authority and Indemnity
To the extent permitted by law, the client is responsible for claims, losses, damages,
liabilities, costs, and expenses arising from the client's lack of authority to request
a project, inaccurate site or access information, failure to identify hazards or
restrictions, unlawful instructions, unauthorized publication of deliverables, or use
of deliverables outside the agreed purpose.
This section does not limit any non-waivable consumer rights or any liability that
cannot legally be limited.
18. Website and Tool Use
You may not use the website or software tools to:
- Break the law or encourage unsafe drone operations.
- Interfere with website security, hosting, or availability.
- Reverse engineer, scrape, overload, or misuse the website or software except as permitted by law.
- Upload malicious code, unlawful content, or content that infringes another person's rights.
- Misrepresent your identity, authority, property rights, project authorization, or intended use.
19. Third-Party Services
The website, software tools, and deliverables may rely on or link to third-party
services, including hosting, storage, email, mapping, drone software, DJI products,
SuperSplat embeds, payment processors, and analytics or security providers. ScanAir is
not responsible for third-party services we do not control.
20. Privacy
Personal information is handled in accordance with ScanAir's Privacy Policy. By using
the website, submitting an inquiry, using software tools, or receiving services, you
acknowledge that personal information may be collected, used, disclosed, stored, and
retained as described there.
21. Disclaimers
To the extent permitted by law, the website, software tools, and general website
content are provided "as is" and "as available". ScanAir does not guarantee that the
website or software tools will be uninterrupted, error-free, secure, or suitable for
every project, property, drone, route, flight condition, legal requirement, or
manufacturer workflow.
22. Limitation of Liability
To the extent permitted by law, ScanAir will not be liable for indirect, incidental,
special, consequential, punitive, exemplary, loss-of-profit, data-loss, business
interruption, or loss-of-opportunity damages arising from use of the website, software
tools, services, or deliverables.
For Business Clients, and to the extent permitted by law, ScanAir's total aggregate
liability for a claim will not exceed the fees paid or payable to ScanAir for the
affected project or, for paid software services, the fees paid to ScanAir for the
affected software service in the 12 months before the event giving rise to the claim.
Nothing in these terms limits liability that cannot legally be limited, including any
mandatory consumer rights.
23. Force Majeure
ScanAir is not responsible for delay or failure to perform caused by events beyond its
reasonable control, including severe weather, unsafe flight conditions, airspace
restrictions, emergency activity, equipment failure, internet or cloud-service
outages, power outages, labour disruptions, illness, government action, or other
events that make performance impractical or unsafe.
24. Subcontractors and Service Providers
ScanAir may use employees, contractors, subcontractors, cloud providers, software
providers, mapping or 3D processing tools, payment providers, and professional
advisers to provide services and operate the website or software tools. ScanAir
remains responsible for services it agrees to provide, subject to these terms and the
applicable project documents.
25. Assignment
You may not assign or transfer your rights or obligations under these terms or a
project document without ScanAir's written consent. ScanAir may assign these terms or
project documents as part of a business sale, merger, reorganization, financing, or
transfer of substantially related assets, subject to applicable law.
26. Notices
ScanAir may provide notices by email, through the website, through a software tool, in
an invoice or project document, or by other reasonable means. You are responsible for
keeping your contact information accurate.
27. Changes to These Terms
We may update these terms from time to time. The updated version will be posted on
this page with a revised "Last updated" date. Changes apply prospectively to future
website use, software use, inquiries, quotes, orders, and services.
Changes do not modify an accepted quote, statement of work, invoice, order page, or
signed agreement for an existing project unless the parties agree or the project
document states otherwise.
28. Governing Law
These terms are governed by the laws of Ontario and the applicable federal laws of
Canada. Subject to any mandatory consumer protection rights or dispute process that may
apply, disputes will be handled by the courts located in Ontario.
29. General Terms
If any part of these terms is found invalid or unenforceable, the rest will remain in
effect to the extent permitted by law. A failure to enforce a term is not a waiver of
that term. These terms, together with any applicable quote, statement of work, invoice,
order page, or signed agreement, form the agreement between the parties for the
applicable subject matter.
Sections intended by their nature to continue after completion or termination will
survive, including sections about payment, deliverables, ownership, confidentiality,
privacy, disclaimers, liability, indemnity, governing law, and general terms.