drone vidya
1.0.4

Mandala’s Terms and Conditions

These Terms and Conditions have been last updated on 5 October 2023

AI and Robotics Ventures Co., Ltd. (“Company” or “we”) prepared these Terms and Conditions (“Terms and Conditions”) to specify the terms and conditions for the use of the Mandala Platform, which are binding upon the Company and you. Your access and use of the Platform will be governed by these Terms and Conditions. Therefore, please read these Terms and Conditions carefully before accessing the Platform. By accessing the Platform, you accept and agree to strictly comply with these Terms and Conditions. In the event that you do not wish to be bound under any or all of these Terms and Conditions, please stop browsing and using the Platform immediately.

1. Definitions

1.1 “Certificate” means any certificate, license, permit and/or any other instrument issued by the competent authority(ies) for the use and operation of Drone including, without limitation, the National Broadcasting and Telecommunications Commission and the Civil Aviation Authority of Thailand.

1.2 “Company” means AI and Robotics Ventures Co., Ltd.

1.3 “Drone” means an Unnamed Aerial Vehicle, or a UAV, as defined in the applicable air navigation law, of the User.

1.4 “Equipment” means any device, tool and/or equipment which is a part or accessory of Drone.

1.5 “Insurance” means insurance which provides coverage for the use of Drone, which shall include insurance which provides coverage for third party due to or as a result of the accident occurred from the control or use of Drone.

1.6 “Platform” means the mobile application, website and/or platform operated by the Company under the name “Mandala”.

1.7 “Subscribed User” means User who has subscribed to use the service or services on the Platform for which a fee is paid.

1.8 “Terms and Conditions” means these Mandala’s Terms and Conditions.

1.9 “User” or “you” means any person who registers to use the Platform.

2. General Provisions

2.1 The Company reserves the right to change, modify, limit, or stop the provision of the Platform, whether in whole or in part, at any time. Where it is required by applicable law, the Company may notify you prior to such change becomes effective.

2.2 The Company may charge service fees for your subscription for the use of the Platform. In such case, the Company will notify you before charging such service fees.

2.3 By accessing and using the Platform, you may incur expenses in connection with the use of Wi-Fi or a mobile network, which you shall be solely responsible for.

2.4 The Company will not be responsible for cases where you are unable to use the Platform, in whole or in part, due to your use of the Platform in violation of these Terms and Conditions.

2.5 The Company may update the Platform from time to time. Therefore, please always ensure that your Platform is updated, so that you can use the Platform without interruption.

3. Provision of the Platform

3.1 A User must register for a user account to use the Platform. Subscribed User is eligible to access certain features and/or services on the Platform according to the User’s subscription plan.

3.2 The Company provides the Users with the Platform to use in relation to the following activities:
(a) For the recording of information of Drone – for example, Drone application, Drone type, Drone brand, Drone model, Drone weight, Drone serial number, Drone images, Equipment images, etc.;
(b) For the recording of information of the Certificate and Insurance which would then enables User to track the validity of the Certificate and Insurance. This may also include function to send you a reminder prior to the expiration of the Certificate and Insurance.
(c) For the planning and tracking of the use of Drone – for example, planning the flights, drawing and generating the map, recording information on the last flight operation date, flight duration, and any other information on the flight;
(d) To enable User to log-in to other pilot portal applications and platforms, and export and import data; and
(e) Any other activities as may be determined by the Company from time to time.

3.3 You are responsible for recording correct, complete and accurate information relating to your Drone, Certificate and Insurance on the Platform. The Company shall not be responsible for any information recorded by a User on the Platform, nor failure to renew your Certificate or Insurance on time due to your records on incorrect, incomplete or inaccurate information, or from the reliance on the Platform.

4. Registration for a User Account

4.1 To register for a user account, you shall provide correct, complete and accurate information, which is not a misrepresentation or false information. Moreover, you shall not register to use the Platform by using another person’s information, without permission from said other person.

4.2 In the event that there is any change to your information, you shall change said information on the Platform immediately. In the event that you cannot change said information by yourself, you shall notify the Company without delay to make such change. The Company reserves the right to request for additional supporting documents before making proceeding with said request of yours.

4.3 You acknowledge and agree that the information in connection with your user account and password for the Platform are confidential, and shall not be disclosed to others. You shall not allow other persons to have access to your user account and password. An act performed under your user account shall be deemed an act which is performed by you, and it shall solely be under your responsibility. In the event that you know, or have a reasonable ground to believe, that there has been unlawful or unauthorized access to, or use of, your user account for the Platform, you shall notify the Company immediately, and change your password without delay.

4.4 The Company reserves the right, at its sole discretion, to approve or reject your application to register for a user account.

4.5 By using the Platform, you represent that you are at least twenty (20) years old. In the event that the Company finds that you are below the required age, the Company reserves the right to suspend your use of the Platform and/or terminate your user account without prior notice.

5. Restriction of Use of the Platform

5.1 By accessing and using the Platform, you agree not to use the Platform in a manner that causes, or may cause, damage or a defect to, or interrupt the operation of, the Platform.

5.2 You agree not to post or upload any content that having the following characteristics:

5.1.1 Any content which infringes the intellectual property rights of the Company, or any other third parties.

5.1.2 Any content which is false, not true, and may cause a misunderstanding.

5.1.3 Any content which is deemed to be contradictory to public order and good morals.

5.1.4 Any other content which is deemed a violation or a breach of the applicable laws, regulations, or rules.

5.1.5 You also agree not to post, upload, submit, or import viruses, trojans, worms, malware, or the like onto the Platform.

6. Suspension or Termination of the User Account for the Platform

6.1 The Company reserves the right, at its sole discretion, to suspend or terminate the provision of the Platform, or to suspend or terminate your user account, without prior notice and with immediate effect, in the event that you have breached one of the provisions hereof, or there is reasonable ground to believe that you will breach one of the provisions hereof, or you have carried out an act which is in violation of the applicable laws or regulations, or you have carried out an unlawful or inappropriate act. To the fullest extent permitted by applicable law, the Company will not be liable or responsible to you for any damage or loss arising from the suspension or termination of the provision of the Platform, or suspension of termination of the user account for the Platform.

6.2 You may stop using the Platform at any time, without any reason, by sending request to us at

servicedesk@dronevidya.com

to have your user account removed. When your user account is removed, all data associated with your user account will also be removed, and it will not be retrievable.

7. Intellectual Property

7.1 Except as otherwise provided herein, the Company solely owns the intellectual property for any software, program and content shown on the Platform.

7.2 You must not change, alter, modify, replicate, copy, publish, disseminate, distribute or transfer the content, or duplicate any content on the Platform, except for the purposes of viewing and using said content for your personal purposes, which is not for commercial purposes.

7.3 In the event that you have duplicated any content on the Platform, you must notify and inform other persons clearly by stating that it is the Company who truly and lawfully owns the intellectual property of said content, as well as the restrictions in connection with the license to use said content by making reference to the source(s) of said content, and showing a written notice stating that the Company is the owner of the copyright or the intellectual property rights on the duplicated copy of the content.

7.4 The Company reserves the absolute right to take any legal action, or proceedings, in the event that you have accessed or used the Platform in a manner that violates any intellectual property of the Company.

8. Personal Data Protection

The Company realizes the importance of your personal data. The collection and processing of your personal data will be in accordance with the

Personal Data Protection Policy

for the Mandala Platform.

9. Disclaimer

9.1 To the fullest extent permitted by law, you acknowledge and agree that, despite the Company’s full efforts to provide an efficient and safe Platform, the Company does not provide a guarantee or a warranty for the following events:

9.1.1 The Company does not guarantee or warranty the access to, and availability of, the Platform. The Company provides the Platform and services on the Platform only on an “as is” and “as available” basis. By using the Platform, you must, at your sole discretion, consider whether the Platform is workable and/or suitable for your specific purposes.

9.1.2 The Company does not provide a guarantee or a warranty that the Platform, and/or any content on the Platform, will be free from the violation of any third party’s rights.

9.1.3 The Company does not provide a guarantee or a warranty that the Platform will be free from any viruses, trojans, worms, malware, or the like, or that this Platform will not be interfered with, or is free from any errors.

9.1.4 The Company does not provide a guarantee or a warranty that any content on the Platform will be correct or complete.

9.1.5 The Company does not provide a guarantee or a warranty that the Platform will be available at all times without any interruption.

9.2 To the fullest extent permitted by law, the Company reserves the right to change, suspend, or terminate the provision of the Platform and/or any functions of the Platform, whether temporarily or permanently, and whether in whole or in part, without taking any responsibility or liability whatsoever. The Company may inform you of the change, suspension, or termination of such service in advance as the Company deems appropriate.

10. Limitation of Liability

10.1 To the fullest extent permitted by law, you acknowledge and agree that the Company will not be responsible or liable for any loss, damage, liability, or expenses whatsoever arising from your use of the Platform, or from the legal action taken as a result of your use of the Platform, or arising from a defect, error, unavailability, interruption, or a delay in respect of the Platform including, but not limited to, direct damages, indirect damages, incidental damages, consequential damages, or punitive damages.

10.2 The Company assumes no responsibility for any damage caused to your device as a result of your use of the Platform in a manner that is not correct, appropriate, or which violates these Terms and Conditions.

10.3 Nothing in these Terms and Conditions shall exclude the Company’s liability for damage or loss relating to death, personal injury, gross negligence, or for any liability which expressly cannot be excluded under the law.

11. Indemnity

You agree to indemnify and hold harmless the Company, its affiliates, and subsidiaries, including their respective directors, officers, employees, agents, representatives, and partners against any losses, liabilities, and/or responsibilities arising from any claims (including attorney fee), which are a result of, or in connection with, your access or use of the Platform in a manner that violates these Terms and Conditions or the applicable laws.

12. Relationship between You and the Company

Nothing in these Terms and Conditions constitutes, or shall be deemed to constitute, an agency, partnership, or a joint venture relationship between the Company and the User.

13. Third-Party Websites

The Platform may be linked to third-party websites (“Third-Party Websites”), or may contain a link to said Third-Party Websites. However, the Company does not operate or control any Third-Party Websites. Therefore, the Company cannot represent or guarantee the accuracy, safety, or credibility of said Third-Party Websites. The Company will not assume any liability or responsibility to you or any other person in connection with the use of the Third-Party Websites. It is hereby recommended that you read and understand the policies and terms and conditions of the Third-Party Websites before use, for your own benefit.

14. Notice

Any notice to the Company shall be sent to the address specified under the Clause “Contact Us” hereunder. In the event that the Company sends you a notice, the Company will send such notice to the contact address that you provided to the Company during the registration process, or any address which you informed to the Company at a later time.

15. Amendments

The Company reserves the right to amend, add, change, or modify these Terms and Conditions from time to time as the Company deems appropriate or as required by the law. The Company will post the updated Terms and Conditions on the Platform, and/or send them to you at the contact address that you have provided to the Company. By continuing to use the Platform after the Terms and Conditions have been amended, it shall be deemed that you agree to be bound by such amended Terms and Conditions. However, in the event of any material amendment, addition, change or modification of these Terms and Conditions, the Company may inform you of such amendment, addition, change, or modification at least 15 (fifteen) days in advance, prior to it becoming effective.

16. Waiver

The Company’s failure or delay to exercise any right, whether in whole or in part, shall not prejudice the rights, power, and remedies available to the Company under these Terms and Conditions and/or the applicable law.

17. Severability

In the event that any provision hereof is held to be void, invalid, unlawful, or unenforceable, such provision shall not affect the validity, lawfulness, and enforceability of the remaining provisions hereof.

18. Governing Law and Dispute Resolution

18.1 In the event that these Terms and Conditions must be enforced, these Terms and Conditions shall be governed and construed in accordance with the law of Thailand.

18.2 In the event of a dispute, Thai court shall have the jurisdiction to determine and settle any such dispute.

19. Contact Us

In the event that you have any questions about these Terms and Conditions, or the use of the Platform, please contact:

AI and Robotics Ventures Co., Ltd.

No. 33, 31, 31/1 Bhiraj Tower at Sathorn South Sathorn Road, Yannawa Sub-District, Sathorn District, Bangkok 10120 Thailand