FlyBy™ Terms of Service

Last Updated: 1-20-2025

These Terms of Service (“Terms”) govern your access to and use of FlyBy, a remote property monitoring solution (“FlyBy” or the “Service”) offered by GeoNeo, LLC, a Nevada corporation (“GeoNeo”, “we” or “us”) For purposes of these Terms each of us is a “Party” and collectively we are the “Parties”.

1. Acceptance of Terms

2. Eligibility

The Service is intended for use by property managers or their authorized users (“Authorized User”) who have a legitimate need to view satellite and aerial images (“Content’) of properties under their management. (“Properties”). By using FlyBy, you represent and warrant that you have the authority to enter into these Terms and will use FlyBy solely for the Authorized Purposes, as defined below. Notwithstanding the above, we reserve the right to modify or discontinue any aspect of FlyBy at any time, without prior notice.

3. Authorized Purposes

GeoNeo provides FlyBy solely for property managers and property owners to use for the following purposes (collectively, the “Authorized Purposes”:

• Search for images of the Properties.
• View (but not download) Content for the sole purpose of monitoring the external aspects of condition of those Properties.
• Generate written reports of what they see happening at the property in the Content.

All other purposes are prohibited.

4. License and Access

1. Limited License: Subject to these Terms, we hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use FlyBy solely for the Authorized Purpose.
2. No Downloading: You may view Content only. You are expressly prohibited from downloading, copying, or otherwise capturing the images (including by screenshot or screen recording), unless explicitly permitted in writing by us.
3. Prohibited Uses: You may not use FlyBy for any purpose other than assessing property conditions. By way of example, and not limitation, you agree not to:
   • circumvent any technological measure implemented by GeoNeo to restrict access to Content.
   • use Content for any unlawful or unauthorized purpose.
   • use FlyBy to harass, abuse, or harm another person or entity.
   • interfere with or disrupt the operation of FlyBy, its servers, or networks.
   • alter, modify, edit, amend, abridge, add to, delete from, adapt, repackage, or change FlyBy or any of the Content in whole or in part.
   • remove any proprietary notices of copyright or trademark ownership, any watermarking, or any other proprietary notices or language referring to the ownership of FlyBy or the Content.
   • copy, reproduce, publish, distribute, or redistribute any of the Content, in whole or in part, to any person who is not authorized to use FlyBy pursuant to these Terms.
   • attempt to sell, resell, lend, lease, license, sublicense, assign, or otherwise transfer or attempt to transfer FlyBy or the Content, or any rights granted under these Terms, or any intellectual property rights owned by GeoNeo or its suppliers or content providers, to any other person or entity.
   • provide any other person or entity access to FlyBy by means of your username and/or password.
   • decompile, disassemble, translate, or reverse engineer any portion of FlyBy, or otherwise discover or duplicate any technology, routines, computer code, algorithms, methods or underlying ideas or designs or user interface techniques included in any portion of the FlyBy.
   • monitor, gather, copy, or distribute Content or data included in FlyBy by using any robot, rover, "bot," spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
   • insert any code or product to manipulate FlyBy in any way.
   • make or attempt to make any commercial use or exploitation of FlyBy;
   • circumvent, disable, or otherwise interfere with the security features of FlyBy or the Content, or any features that prevent or restrict use or copying of any portion of FlyBy or the Content.
   • use FlyBy after the termination date of these Terms.
   • otherwise use FlyBy in whole or in part, in any manner not authorized by these Terms.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY VIOLATION OR SUSPECTED VIOLATION OF THE FOREGOING MAY CONSTITUTE GROUNDS ON WHICH WE MAY, IN OUR SOLE DISCRETION, IMMEDIATELY SUSPEND OR TERMINATE YOUR LICENSE TO USE FLYBY, IN ADDITION TO ALL OTHER REMEDIES AVAILABLE TO US.

5. User Accounts

1. Account Creation: You may need to register for an account to access certain features. You agree to provide accurate and complete information and to update your account details as needed.
2. Account Security: You are responsible for all activities that occur under your account. You agree to keep your login credentials confidential and to promptly notify FlyBy of any unauthorized use or security breach.
3. Account Termination: We reserve the right to suspend or terminate your account at any time, for any reason, including for violation of these Terms or any policy of FlyBy.

6. Ownership and Intellectual Property

All Content, text, graphics, logos, icons, and software on FlyBy, are the exclusive property of FlyBy, its suppliers or content providers. All rights not expressly granted herein are reserved. You acknowledge that your right to view the Content does not confer upon you any ownership interest or other intellectual property rights in or to the Content.

7. Fees and Payments

1. FlyBy requires an annual subscription to access the service. Payment of the annual subscription fee allows access to your account for one (1) year from the date of purchase and provides a tier-specific number of credits (“keys”) that can be used to unlock imagery for viewing properties. Additional keys can be purchased individually, or the subscription can be upgraded to a higher tier, granting additional keys. Keys are valid for one (1) year from the date of purchase, and unused keys will expire automatically at that time.
2. Renewal. When you subscribe to FlyBy, your subscription is valid for the term of purchase (annually). Unless canceled, your subscription will automatically renew for one (a) year at the end of each term. You may cancel your auto-renewal at any time by contacting our customer support team at flyby@geoneo.com. Cancellation will take effect at the end of your current subscription term. After cancellation, your subscription will remain active and fully functional until the end of the term (or renewal term) for which you have already paid. You will not be billed for the next renewal term unless you choose to resubscribe. All payments are non-refundable, and no refunds or credits will be issued for partial subscription periods or unused keys. Please review your subscription and cancellation options carefully before completing your purchase. If you cancel your subscription and decide to re-subscribe later, you may need to restart your subscription at the current pricing and terms available at that time.
3. Fees are exclusive of taxes. You will pay all taxes (except for GenNeo’s income taxes) and other government-imposed fees or assessments arising out of or related to your use of FlyBy.

8. Privacy

Your use of FlyBy is subject to our Privacy Policy. By using FlyBy, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

9. Third-Party Services and Links

FlyBy may include links to or be integrated with third-party websites or services. We have no control over and assume no responsibility for third-party content, privacy policies, or practices. You are encouraged to review the terms and policies of any third-party website or service you visit.

10. Disclaimers and Warranty

1. Accuracy of Images: The Content provided by FlyBy may not be real-time and might not fully reflect current property conditions. We make no representations or warranties regarding the accuracy, precision, completeness, or currency of the Content.
2. Use of Information: FlyBy is provided solely for informational purposes to assist in remotely monitoring properties. While FlyBy is a useful tool to monitor properties, it is not intended to replace onsite inspections or professional evaluations.
3. Warranties: GeoNeo represents and warrants that: (i) it has sufficient right, title, and authority to grant the rights and licenses granted to you under these Terms; and (ii) FlyBy does not infringe any intellectual property of any third party, nor has any claim of such infringement been threatened or asserted, and no such claim is pending. EXCEPT FOR THE FOREGOING, GEONEO AND ITS SUPPLIERS AND CONTENT PROVIDERS HEREBY DISCLAIM ALL WARRANTIES FOR FLYBY AND/OR THE CONTENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU AGREE THAT NEITHER GEONEO NOR ITS SUPPLIERS OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT FLYBY WILL BE ERROR FREE, OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF YOUR PARTICULAR NEEDS, PURPOSES, OR, EXPECTATIONS. GeoNeo provides no warranties with respect to third party software or the Content.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY (NOR ANY SUPPLIERS OR CONTENT PROVIDERS) SHALL BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, EACH PARTY’S AND ITS SUPPLIERS’ AND CONTENT PROVIDERS’ ENTIRE LIABILITY TO THE OTHER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU DURING THE PRIOR TWELVE (12) MONTHS UNDER THESE TERMS.

12. Indemnification

You agree to indemnify, defend, and hold harmless GeoNeo, its affiliates, and their respective officers, directors, employees, and agents from and against all claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use or misuse of FlyBy.
• Your breach of these Terms.
• Your violation of any applicable law or regulation.

13. Termination

These Terms shall commence on the date on which you subscribe to FlyBy and shall, unless terminated earlier in accordance with the provisions of herein, remain in force for the period for which you pay and shall automatically renew unless terminated as set forth in Section 7. Either party may terminate these Terms immediately in the event that the other party, or any Authorized User, materially breaches any of these Terms and the breach is not cured within thirty (30) days of written notice thereof. Termination of this Agreement by you shall not relieve you of your obligation to pay all Fees owed. Upon expiration or termination of this Agreement for any reason, (a) all licensed rights granted in these Terms will immediately cease and you and/or your Authorized Users will promptly discontinue all use of FlyBy.

14. GENERAL

1. Entire Agreement; Amendments; Waiver. These Terms set forth the entire understanding and agreement of the Parties and supersedes any oral or written agreements or understandings between the Parties as to the subject matter of the Terms. The Terms may only be changed by a written agreement signed by both Parties. The waiver of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach.
2. No Partnership. The Terms shall not be construed to establish any form of partnership, agency, or other joint venture between the Parties. Each Party shall act as an independent contractor and not as an agent of the other Party.
3. Force Majeure. If the performance of any obligation under the Terms is prevented, restricted, or interfered with by reason of tornado, hurricane, storm, fire, flood, earthquake, explosion, pandemic, or other casualty or accident or act of God; strikes or labor disputes; inability to procure or obtain delivery of parts, supplies, power, telecommunication services, equipment or software from suppliers, war or other violence; any law, order proclamation, regulation, ordinance, demand, or requirement of any governmental authority; or any other act or condition whatsoever beyond the reasonable control of the affected Party, the Party so affected will be excused from such performance to the extent of such prevention, restriction, or interference; provided, however, that the Party so affected shall take reasonable steps to avoid or remove such cause of non-performance and shall resume performance hereunder whenever such causes are removed.
4. Injunctive Relief. Any material breach of the Terms by either Party may cause irreparable injury and monetary damages may not be a sufficient remedy. Each Party is entitled to equitable relief, including injunctive relief and specific performance, in the event of a breach, and the breaching Party waives the defense that there is an adequate remedy at law. The above will not be construed to limit the remedies available to any Party.
5. Cumulative Remedies. Except as otherwise set forth in the Terms, all rights and remedies provided in the Terms are cumulative and not exclusive. The exercise by either Party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity or otherwise, in the Terms or any other agreement between the Parties.
6. Governing Law; Venue. Any dispute arising under the Terms will be governed by the laws of Nevada without giving effect to its conflict-of-law principles. The Parties submit to the exclusive jurisdiction of the state and federal courts located in Nevada for any legal action arising out of these Terms. The Parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (1980).
7. Assignment. You may not assign nor transfer, by operation of law or otherwise, the Terms or any of your rights under the Terms to any third party without our prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void. The Terms shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns and shall not confer any rights or remedies upon any person or entity not a party hereto.
8. Publicity. GeoNeo loves to share who it has worked with, so we reserve the right to display your logo on our website.

15. Covenants

1. The Parties shall comply with all applicable laws and regulations in performing their obligations under these Terms.
2. Each Party it has full rights, power, and authority to undertake the obligations and duties set forth in the Agreement or otherwise necessary for the grant of rights and licenses effected.

16. Changes to These Terms

We may revise these Terms at any time by posting the updated Terms on our website and updating the “Last Updated” date above. Your continued use of FlyBy after the posting of any changes constitutes acceptance of those changes. If you do not agree to the revised Terms, you must stop using FlyBy.

17. Notice

If you have any questions about these Terms or FlyBy, please contact us at:

GeoNeo LLC

flyby@geoneo.com

775-248-7744

By using FlyBy, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.