Terms of Service | NyxAerial CRM

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and NyxAerial ("NyxAerial," "we," "us," or "our"), an Arizona limited liability company, regarding your access to and use of the NyxAerial CRM platform ("Platform") and all associated services.

By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.

2. Description of Services

NyxAerial operates a nationwide network of FAA Part 107 certified drone pilots who provide aerial photography, videography, inspection, and data collection services to commercial clients. The Platform is an internal operations management system used to:

Manage pilot profiles, certifications, and availability
Dispatch and track job assignments across the pilot network
Facilitate client project management and deliverable distribution
Process invoicing, billing, and pilot compensation
Maintain regulatory compliance documentation

3. Authorized Use & Access

Access to this Platform is granted solely to authorized personnel � including NyxAerial administrators, contracted pilots, and approved clients. Credentials are personal and non-transferable.

You agree to:

Maintain the confidentiality of your login credentials
Notify NyxAerial immediately of any unauthorized access to your account
Use the Platform solely for its intended business purposes
Not attempt to reverse-engineer, scrape, or exploit the Platform

4. Pilot Obligations

Pilots contracting with NyxAerial agree to:

Maintain a valid FAA Part 107 Remote Pilot Certificate at all times
Carry required liability insurance and provide current Certificates of Insurance
Comply with all applicable FAA regulations, airspace restrictions, and local ordinances
Complete assigned jobs in a professional and timely manner
Upload deliverables through the Platform as directed
Keep compliance documentation current within the Platform

5. Client Obligations

Clients accessing the Platform agree to:

Provide accurate project information and site access as required
Pay invoices within agreed-upon terms
Use deliverables only as permitted under separate service agreements
Not share platform credentials or project data with unauthorized third parties

6. Intellectual Property

NyxAerial™ is a trademark of NyxCollective LLC™. The NyxAerial name, logo, and brand identity are the exclusive property of NyxCollective LLC and are protected under applicable trademark law. Unauthorized use of the NyxAerial™ mark is strictly prohibited.

This CRM platform is a proprietary product of NyxCollective LLC. All platform software, design, architecture, and intellectual property are owned exclusively by NyxCollective LLC.

All content, code, design, and functionality of this Platform are the exclusive intellectual property of NyxCollective LLC and are protected under applicable copyright, trademark, and trade secret laws.

Aerial content and deliverables produced under contract remain subject to the terms of the applicable client service agreement.

7. Confidentiality

All information accessed through this Platform � including client identities, job details, pricing, pilot network information, and business processes � is confidential and proprietary to NyxAerial. Users agree to maintain strict confidentiality and not disclose any such information to unauthorized parties.

8. Data & Deliverables

Files uploaded to the Platform are stored securely and accessible only to authorized users with appropriate permissions. NyxAerial does not claim ownership of client-commissioned deliverables but retains the right to use anonymized project data for internal analytics and business improvement.

9. Limitation of Liability

To the maximum extent permitted by law, NyxAerial shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from use of or inability to use the Platform. NyxAerial's total liability for any claim shall not exceed the fees paid by the claimant in the three months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless NyxAerial, its officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Platform, violation of these Terms, or infringement of any third-party rights.

11. Termination

NyxAerial reserves the right to suspend or terminate access to the Platform at any time, with or without cause. Users may request account deactivation by contactingops@nyxaerial.com.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona.

13. Changes to Terms

NyxAerial reserves the right to modify these Terms at any time. Updated Terms will be posted within the Platform with a revised effective date. Continued use of the Platform after changes constitutes acceptance.

14. Contact

For questions about these Terms, contact:

NyxAerial

Bailey Sargent, Owner

ops@nyxaerial.com