TERMS OF SERVICE

Last updated: 2017-03-06

FastOut is a platform where customers (“you”) can create, purchase and publish 360-degree drone views from a library of existing views (“Regular Views”). You may also create and publish 360-degree virtual reality tours or virtual reality images by using FastOut’s VR application, or order custom drone views and videos (“Unique Views”). Regular Views and Unique Views are in these terms jointly referred to as “Views”. Views are provided at www.fastout.com (“Site”) as a service provided by FastOut AB (“Services”). FastOut AB is a company registered in Sweden with company registration number 556176-1809 (“FastOut”).

The following terms and conditions govern Your use of FastOut’s Site and Services (“Terms”).

Please read the Terms carefully before creating an account or otherwise using FastOut’s Services​. By checking the “Terms of service” box during account sign-up, You agree to strictly adhere to the Terms​​and to be legally bound to them in relation to FastOut and its officers and employees.

Views created by using FastOut’s VR application are subject to the VR App End User License Agreement as well as these Terms.

FastOut has the right to revise and amend the Terms from time to time. In the event of any changes to the Terms, FastOut will notify you by e-mail. By continuing to use the Services after such notification, you agree to be bound by the revised or amended Terms.

1 ACCEPTANCE OF THE TERMS

1.1Prior to creating an account at the Site, you must have read, understood and accepted the Terms. Further, you undertake to carefully read any and all future revisions of or amendments to the Terms and not to use the Services unless you have read, understood and accepted such revised or amended Terms. Should you create an account for the Site or use the Services on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind that company or other legal entity to the Terms. The Services are not available to individuals younger than 18 years without parental consent.

2 ACCOUNT DATA

2.1In order to use the Services, you need to create an account for the Site. You acknowledge that all data provided by you to FastOut is true and correct and that, when necessary, you will update your personal data on the Site so that it at all times remains true and correct. You are solely responsible for maintaining the confidentiality of your log-in information and FastOut shall have no responsibility for any unauthorized use of your account.

3 SUBSCRIPTION

3.1To be eligible to access the full range of the Services, including Views, you need a subscription. A subscription is obtained by contacting FastOut at sales@fastout.com.

4 REGULAR VIEWS

4.1FastOut provides a library of existing views, which can be branded and published directly from the platform by streaming. You may use and publicly display the Regular Views by linking to the image on the Site. Consequently, you may not copy, modify, transfer or otherwise manage the Regular Views outside of the Site. You do not obtain an exclusive right to use Regular Views. Any and all intellectual property rights not expressly granted to you in these Terms are reserved to FastOut or a third party.

5 UNIQUE VIEWS

5.1You can order custom views from a location of your choice or upload your own views. Such Unique Views will be branded and published directly from the Site by streaming. You may use and publicly display the Unique Views by linking to the image on the Site. Consequently, you may not copy, modify, transfer or otherwise manage the Unique Views outside of the Site. You obtain an exclusive right to the Unique Views for as long as the subscription period lasts. Once your subscription is terminated, FastOut has the right to publish the Unique Views as Regular Views. FastOut guarantees that the stream of Unique Views will be available 24 months from first date of publication.

5.2In certain markets FastOut does not offer the possibility to order Unique Views. The markets where this applies are specified in the separate order form that you conclude with FastOut or an authorised reseller.

5.3If you upload or have someone upload Unique Views, you warrant that any material uploaded to the platform is free from any third party dependencies or third party rights and that you have the right to upload the Customer View for the purposes described in this clause.

5.4You also warrant that uploaded Customer Views are in compliance with applicable laws and regulations regarding aviation, drones and privacy.

5.5If you are notified of or otherwise get knowledge of any claims related to the aforementioned warranties, you shall immediately inform FastOut thereof and shall assist FastOut in any actions that FastOut shall see fit to take.

5.6If a claim, dispute, demand or lawsuit arise against FastOut as a consequence of your uploading of Customer Views, you agree to defend FastOut at own cost against such actions and to indemnify and hold harmless from any costs, fees, damages or other expenses incurred due to Customer Views uploaded by you.

6 COST OF SERVICES AND PAYMENT TERMS

6.1The cost of using FastOut’s Services are specified in a separate order form that you conclude with FastOut or an authorised reseller. You may terminate the subscription at any time with a thirty (30) days written notice to FastOut, unless otherwise agreed.

6.2FastOut will invoice you monthly in advance with net thirty (30) days payment terms, unless otherwise agreed. The invoice will be delivered via electronic mail or standard mail. If the invoice is not paid by its due date, FastOut may charge you a late interest fee. If payment is not settled, FastOut may suspend or remove your access to the Services.

6.3Unless otherwise expressly stated in writing, you are solely responsible for any taxes or fees arising from your use of the Services.

7 FASTOUT´S PROVISION OF THE SERVICES

7.1FastOut may at its own discretion and at any time alter, modify, correct, amend and make all other changes to the Site and the Services without prior notice to you.

8 YOUR USE OF THE SERVICES

8.1You undertake not to use the Site and the Services for other purposes than for the purposes which FastOut has indicated that the Site and the Services are intended for. You agree to abide by all applicable laws and regulations when using the Site and the Services. This includes, but is not limited to, the Data Protection Directive 95/46/EC on the protection of personal data or such other regulation installed to ensure the personal integrity of individuals in connection with the publishing of photographs. Further, you undertake not to provide the Site or the Service with information that contain any sort of software virus or anything that will have any negative impact on any type of software, hardware or telecommunication equipment.

9 CONSUMER RIGHTS

9.1The provisions of the Terms do not exclude, limit or otherwise restrict the rights vested with consumers under applicable consumer law, nor may it be construed by anyone in this way.

10 INTELLECTUAL PROPERTY RIGHTS

10.1You do not acquire any rights to any content, for example Views, uploaded and provided on the Site by FastOut or by others, unless expressly stated in the Terms. All copyright, trademarks and other intellectual property rights (registered and unregistered) in and on the Site and Views belong to FastOut and/or third parties. Nothing in the Terms grants you a right or license to use any trademark, design or copyright owned or controlled by FastOut. You agree not to sell, rent, lease, loan, distribute or modify any content on the Site or in the Service.

11 TRANSFER

11.1You may not assign, transfer or encumber any of your rights or obligations under this Agreement whether in whole or in part without the prior written consent from FastOut.

12 PERSONAL DATA

12.1You provide FastOut with your personal data when you create or modify an account at the Site, ordering a subscription, or otherwise communicating with FastOut. FastOut also collects your personal data during your use of the Services. This information may include: name, postal address, electronic mail, phone number, profile picture, payment information, and other information you choose to provide. You can correct, update or delete personal data provided by you directly on the Site. FastOut collects personal data for the purpose of providing you with the Service and being able to communicate with you. FastOut also collects your personal data for the purpose of improving the quality of the Services. FastOut takes adequate technical and organizational security measures to ensure that your personal data is not misused, lost or unlawfully accessed. Your personal data will at all times be handled in accordance with the requirements of the Swedish Personal Data Act (1998:204) (​Sw. ​Personuppgiftslagen), which implements the Data Protection Directive, 95/46/EC, or such new legislation replacing it.

13 COOKIES

13.1As many others, FastOut uses cookie technology to make the Site easier to use. A cookie is a small data file that is transferred to your computer's hard drive when you visit the Site. FastOut only uses session cookies, for the sole purpose to facilitate the use of the Site. You can deny the website the possibility to store your cookies. In order to deny cookies, you edit your web browser settings. In the web browser settings, you can also remove cookies which are already placed on your hard drive. Please note that the result of denying cookies will be that you experience decreased functionality when using the Site.

14 WARRANTY DISCLAIMER

14.1HE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. FASTOUT CANNOT GUARANTEE THAT THE INFORMATION, THE SERVICE AND OTHER CONTENT PROVIDED BY FASTOUT OR ANY THIRD PARTY IS TRUE OR CORRECT, AND DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS. HENCE, FASTOUT SHALL NOT BE LIABLE FOR ANY ERRORS IN THE CONTENT PROVIDED ON THE SITE AND IN THE SERVICES. THE USE OF THE SITE AND THE SERVICES IS SOLELY AT YOUR OWN RISK. FASTOUT DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, FOR THE SERVICES OR THE CONTENT ON THE SITE, INCLUDING BUT NOT LIMITED TO THE ACCUARCY AND AVAILABILITY OF THE SERVICE, AND THAT THE SITE AND SERVICES DO NOT CONTAIN ANY VIRUSES. FURTHER, FASTOUT DOES NOT WARRANT THAT THE PROVISION OF THE SERVICES OR THE SITE WILL BE ERROR-FREE.

15 LIMITATION OF LIABILITY

15.1IN NO EVENT SHALL FASTOUT BE LIABLE FOR ANY INJURIES, HARM, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFIT, LOSS OF BUSINESS, LOSS OF CONTRACT, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS, DAMAGE OR CORRUPTION OF DATA, OR FOR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND. THE EXCLUSION OF LIABILITY SHALL APPLY IRRESPECTIVE OF WHETHER OR NOT SUCH LOSS OR DAMAGE WAS POSSIBLE TO ANTICIPATE AND IRRESPECTIVE OF WHETHER OR NOT LIABILITY OTHERWISE WOULD ARISE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY DUTY OR OTHERWISE. IF LIABILITY SHOULD ARISE UNDER MANDATORY LAW, THE MAXIMUM AGGREGATE AND CUMULATIVE LIABILITY OF FASTOUT TO EACH USER SHALL BE LIMITED TO SEK 5,000. FASTOUT EXPRESSLY EXCLUDES ANY AND ALL LIABILITY TO ANY THIRD PARTY.

16 INDEMNIFICATION

16.1You agree to indemnify and hold harmless FastOut, its representatives and employees for any and all claims, disputes, demands and lawsuits that may arise as a consequence of your use of the Site and the Services. The indemnification also includes the obligation to reimburse FastOut for its legal costs, including attorneys’ fees to the counsel(s) of FastOut’s choice.

17 TERMINATION

17.1Should you be in breach of any of the Terms, FastOut may at its sole discretion delete your account and terminate your use of the Services without prior notification to you. Further, FastOut may at any time and at its own discretion close the Site or parts of the Site and discontinue providing the Services or parts of the Services. You may delete your account in order to terminate your use of the Services. In such case, your rights and obligations under the Terms will also terminate except for such obligations of yours that have arisen as a consequence of your use of the Site and the Services before the deletion of your account or which otherwise expressly or implicitly shall survive the deletion of your account. To terminate a subscription, a thirty (30) days written notice is required.

18 MISCELLANEOUS

18.1If any part, term or provision of the Terms is held to be illegal or unenforceable, the validity of the remainder of the Terms will not be affected. Any omission of FastOut to enforce its rights under the Terms shall not be regarded as a waiver of such rights. IT IS EXPRESSLY UNDERSTOOD THAT ALL PROVISIONS REGARDING LIMITATIONS OF LIABILITY AND INDEMNITIES WILL REMAIN IN FULL FORCE AND EFFECT AND SHALL SURVIVE THE DELETION OF YOUR ACCOUNT AT THE SITE.

19 DISPUTE RESOLUTION

19.1The Terms are construed in accordance with, and shall be governed by, the laws of Sweden, without regard to principles of conflict of laws. Any dispute, controversy or claim arising out of or in connection with the Terms, including the Privacy Policy and the Additional Rules and Policies, or the breach, termination or invalidity thereof, shall be finally settled by the courts of Sweden, with the Stockholm District Court as the court of first instance.

20 CONTACT INFORMATION

20.1If you have any inquiries regarding FastOut’s processing of your personal data or use of cookies, please contact

Fastout AB, reg. no. 556176-1809
Address: Karlavägen 40, SE-114 49 Stockholm, Sweden
E-mail: info@fastout.com