Terms and Conditions

Interpretation:

The following definitions and rules of interpretation apply in this agreement:

"Serb": Refers to the website flyserb.com, which offers users a variety of services based on their preferences.
"The Agreement": Refers to this agreement, which governs users' use of Serb.
"Services": Refers to all services provided or to be provided by Serb, such as:
- Recreational Pilots guidelines (Pilot licenses)
- UTM services (drone registration, payload registration, incident reporting, flight operation logbook, user reports, designated safe zones in Oman, active flight information)
"Pilot": Means a person operating as the pilot in command or remote pilot operating a Remote Piloted Aircraft (RPA).
"Enterprise": A corporation, firm, or company that has logged onto this website and agreed to the Company's terms and conditions.
"AirPass": Refers to the license issued to drone pilots, certified by the Civil Aviation Authority (CAA).
"Drone": Refers to a Remote Piloted Aircraft (RPA) operated by a remote pilot.
"Unmanned Traffic Management (UTM)": Refers to the unmanned traffic management system used to manage drone traffic.
"Tariffs": Refers to the fees payable for the use or purchase of services provided through Serb's website, excluding VAT and additional charges.
"Terms": Refers to these Terms and Conditions.
"Website": Refers to www.flyserb.com.
"You," "The User," "Your," "The Pilot": Refers to you, the individual who has logged onto this website and agreed to the Company's terms and conditions.
"Third Party": Refers to any third party involved and to whom users are directed to, in order to fulfill the purpose of this agreement.
"Personal Information": Refers to personal information shared with Serb, such as your name, age, and personal picture.
"Transaction": Refers to the act of purchasing any services provided by Serb.

Contractual Relationship and Consent

Company Information:

Tahleeq for Unmanned Aerial Vehicles Services LLC, a company with its registered office at XX, P.O. Box 123, (Registration number 1371523), referred to as ("Serb," "we," "us," or "our"), which includes Serb's relevant legal representatives, administrators, successors-in-interest, permitted assigns, and affiliates ("Affiliates").

Agreement Overview:

These Terms of Service constitute a legally binding agreement (the "Agreement") between you and Serb. This Agreement governs your use of the SERB platform, which includes the application, website, call center, and technology platform (collectively referred to as the "SERB Platform").

Licensing of the SERB Platform:

The right to operate the SERB Platform is licensed by Serb to its relevant Affiliates. The relevant Affiliate in your jurisdiction provides you with the right to access and use the SERB Platform within your jurisdiction.

Please Read Carefully:

Before accessing or using the SERB Platform, please read this Agreement carefully. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the SERB Platform.

Access to Serb

Scope of Agreement:

This Agreement governs your use of Serb's services, which include, but are not limited to, the following:

Obtaining a flying permit
Registering a drone
Purchasing a course (e.g., Recreational Pilots guidelines, Pilot licenses)
UTM services such as drone registration, payload registration, incident reporting, flight operation logbook, user reports, designated safe zones in Oman, and active flight information.

License Granted by Serb:

Subject to your compliance with this Agreement, Serb grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to:

Access and use the Serb Platform on your personal device solely for your personal use.
Access and use any content, information, and related materials that may be made available through the Serb Platform, solely for your personal, non-commercial use.

Any rights not expressly granted herein are reserved by Serb and Serb's licensors.

Amendment to this agreement:

Right to Amend:

SERB reserves the right to amend this Agreement from time to time. Any amendments will become effective when SERB posts the updated Agreement at this location or posts the amended policies or supplemental terms on the applicable Service.

Consent to Amendments:

By continuing to access or use the SERB Platform after such posting, you consent to be bound by this Agreement, as amended.

Privacy Policy:

Our collection and use of personal information in connection with the SERB Platform is governed by SERB's Privacy Policy, which can be found at https://flyserb.com/en/privacy-policy.

Claims and Disputes:

SERB may provide a claims processor or insurer with necessary information, including your contact details, if there is a complaint, dispute, or conflict (including accidents) involving you and a third-party provider. This information may be shared if necessary to resolve the complaint, dispute, or conflict.

Modifications and Additional Terms:

SERB retains the right to modify this Agreement and add new or additional terms and conditions regarding your use of the services at any time. Any such modifications or additional terms will be effective immediately upon posting and incorporated into this Agreement.

Acceptance of Changes:

Your continued use of the services will be deemed as your acceptance of these changes.

The Serb Platform

1. Platform Overview:

The SERB Platform provides a digital network for all users ("Users") who seek to:

Register as pilots
Register drones
Obtain an AirPass
Request flights
Take courses

2. Account Creation:

Each User must create a user account to gain access to the SERB Platform. The decision to utilize or accept Services is made at the User's sole discretion.

3. Separate Agreements:

Each Service offered to a User by the "pilot" or another third-party provider constitutes a separate agreement between those parties.

4. No Liability for Advice:

The materials on the SERB Platform are not intended to be used as advice. We disclaim all liability and obligation arising from any reliance placed on such materials by any visitor to the SERB Platform or anyone aware of its contents.

5. Updates and Modifications:

We intend to update the SERB Platform on a regular basis and reserve the right to change the content at any time. If necessary, we also have the right to stop or terminate access to the SERB Platform and its Services indefinitely.

6. Outdated Content:

Any material on the SERB Platform or within the Services may become outdated at any time, and we are under no obligation to update such material.

Third Party Services and Content

1. Third-Party Services:

The SERB Platform may be made available or accessed in conjunction with third-party services and content, including advertising. SERB does not support or endorse such third-party services and materials. You agree that SERB will not be responsible or liable for any products or services provided by third-party suppliers.

2. Sharing of Personal Information:

You understand that SERB may be required to share personal information in the manner stated in SERB's Privacy Policy to allow a Merchant Partner to provide you with relevant goods or services.

3. Links to External Websites:

As a courtesy, the SERB Platform may include links to other websites. Some of these websites may or may not be linked with SERB. SERB is not responsible for any online pages established and maintained by entities other than flyserb.com. You visit such third-party websites at your own risk.

Serb Platform Ownership

1. Ownership Rights:

The SERB Platform and all rights therein are and shall remain the property of SERB or its licensors.

2. Limited License:

Neither this Agreement nor your use of the SERB Platform conveys or grants you any rights:

In or to the SERB Platform, other than the limited license granted above;
To use or refer to SERB's company names, logos, product and service names, trademarks, or service marks, or those of SERB's licensors in any way.

Privacy:

To learn more about the use of their Personal Data, Users may refer to the Privacy Policy of SERB, which is available through the SERB website.

Drone Operation Permit DOP:

Instant Approval: You will receive an instant Drone Operation Permit (DOP) after flight request approval, including all necessary information.
Possible Delays: Confirmation of the DOP may be delayed due to technical issues, glitches in the system, or delays caused by the CAA or other competent authorities.
Termination of DOP: The DOP may be terminated at any time, with or without prior notice, due to conflicts with manned flights or higher-priority drone missions.
Unique Permit: The DOP is unique to each flight. Obtaining a DOP for a specific flight does not grant permission to operate at any other time or in any zone.

Provision of services

Service Offerings:

SERB provides a variety of services, including:

Obtaining permissions
Registering pilots and drones
Flight booking requests
Purchasing courses

Service Adjustments:

SERB may modify, remove, or introduce new services to enhance user experience.

Flight Booking:

Unless otherwise agreed, all flight bookings must be made through the SERB website.

Instant Approval:

Pilots will receive instant approval to fly if the region is within a designated safe zone.

Service Plans:

SERB offers various plans to meet different needs. Ensure you select the correct plan; otherwise, you will be responsible for all associated costs and fees.

Transaction Process:

By placing a flight booking request, registering drones, or purchasing courses, you agree to these Terms. SERB reserves the right to decline or cancel any transaction.

Order Confirmation:

After SERB receives your order and payment (if applicable), you will receive an email confirming the order.

Charges:

You will be charged according to the subscribed plan, not per flight. Charges apply to all plans and services purchased.

Delays and Cancellations:

All users will be notified via app, phone, or email of any service delays or cancellations.

AirPass:

Watching the videos for license qualification is optional. Users may skip them if desired.

Service Fee Changes:

SERB reserves the right to modify service fees at any time, with users notified of any changes.

Service Selection:

After registration, users will be presented with a selection of services based on their preferences.

Available Plans:

For Pilots:

Nawras
Osfur

License Requirements:

Users must upload a photograph on the website; if it doesn't meet the requirements, the license will be denied.

Flight Restrictions:

After obtaining the necessary permissions, users may only fly in the requested safe zones. SERB is not liable for users flying outside the approved zones.

Mission Limits:

Users on the Nawras and Osfur plans can only fly for two mission types: drone racing and photography.

Flight Durations:

Some plans offer unlimited flights for set durations (e.g., 3 months, 6 months).
Promotional offers may include additional time, such as "subscribe for 3 months and receive 3 months free."

Flight Time Limits:

Each flight has a maximum duration of 30 minutes. If more time is needed, a new flight must be scheduled.

Unlimited Flights:

All plans allow an unlimited number of flights, with no additional fees for flight hours.

Operating Permit:

License Issuance:

Upon successfully completing the knowledge test with a score of at least 85%, you will receive an operating license.

Acceptance of Terms:

By accepting the operating license, you agree to the following terms and conditions.

Terms and Conditions for Operation:

Compliance with Regulations:
- Follow the remote piloted aircraft (drone) regulations CAR102.
- Fly safely and legally at all times.
Authorization and Permits:
- Ensure you have the proper authorization and permits for the type of flying you intend to perform.
Drone Registration:
- Verify that the drone or model aircraft has the necessary registration documents before flying.
CAA and CAR 102 Compliance:
- Confirm that the drone complies with the approved list set by the CAA (Civil Aviation Authority) and CAR102 regulations.
License and Plan Requirements:
- Users must possess a valid operating license, an active plan request, and operate within designated safe zones.
- If flying outside these zones, users must obtain approval.

Registration of Unmanned Aircraft System (UAS)

By applying to register an unmanned aircraft, you confirm that all those directly involved in the operations will be competent to perform their tasks, and the unmanned aircraft system will be operated only by remote pilots with the appropriate level of competency. This means you shall:

Meet all legal requirements for being responsible for a drone or model aircraft
The pilot shall have access to all registration documents for each drone under their responsibility.
Pilots shall bear the cost for registering an unmanned aircraft (drone) which is non-refundable.

Report any changes or modification made to your drone and obtain the required permissions to do so. If at any time, you fail to follow any of the conditions listed in this section or the CAA regulations, we may revoke or suspend your registration documents and/or operating permit. Pilots shall use the system approved permits to operate the unmanned aircraft system and make sure they maintain an active plan before actually flying the drone, otherwise the user shall bear all consequences.

Operating Permits:

Drone Registration:
- You must register your drone through SERB to enjoy various services and plans, including obtaining a flying permit.
Permit Details:
- The permit grants you the ability to operate your drone within a specified area and time, based on your booking request.
No-Fly Zones:
- Certain sections of airspace may be temporarily or permanently off-limits to drones (No-fly Zones).
SERB's Rights:
- SERB reserves the right to refuse to grant a permit, postpone, or revoke a previously granted permit without the need to provide reasoning or compensation.

Use of the SERB Platform

User's account:

Registration Requirements:
- To access most features of the SERB Platform, you must register and maintain an active personal User account ("Account").
- You must be at least 18 years old to open an Account.
Account Registration:
- During registration, you will need to submit personal information such as:
  - Name
  - Email address
  - Password
- After completing the knowledge test, additional information will be required:
  - First and last name
  - Phone number
  - ID number
  - Gender
  - City
  - Date of birth
Account Information:
- You agree to keep your account information true, complete, and up to date.
- Failure to maintain accurate account information may result in your inability to access and use the SERB Platform, or SERB terminating this agreement with you.
Security:
- Upon registration, you will select a username and password.
- You must not disclose your password to any other party for security reasons.
- You are responsible for keeping your account login details secure and confidential.
- You accept liability for all activity that occurs under your account, even if your device is lost, damaged, or stolen.
AirPass:
- AirPass may only be obtained once per user, as it is linked to the user's ID number and personal picture.
Account Compromise:
- If you believe your account has been compromised, you must contact SERB immediately through the contact details on the website.
Account Suspension:
- SERB reserves the right to suspend any account if anomalous behavior, non-compliance with regulations, or requests from law enforcement or security agencies are detected, or for any other reasonable reason.

Username and password policy:

Password Creation:
- Users must create their own unique password, which is considered personal information and must not be shared with others.
- For safety, users are encouraged to create safe and uncommon passwords.
- Avoid using passwords similar to those used on other websites.
Password Length and Complexity:
- Passwords should be at least 8 characters in length.
- It is recommended to use a combination of:
  - Uppercase characters
  - Lowercase characters
  - Non-alphanumeric characters (e.g., symbols, numbers)
Password Updates:
- SERB will allow users to update their passwords. This is especially useful in case of forgotten passwords or if someone else attempts to take over the account.
- Users will receive out-of-band notifications (e.g., emails, SMS) in the event of security events like login attempts or password changes.

User Requirements and Conduct:

Eligibility:
- The SERB Platform is only accessible to individuals who are:
  - At least 18 years old.
  - Legally capable of entering into binding contracts as per applicable laws.
Account Usage:
- Users are not allowed to:
  - Authorize third parties to use their accounts.
  - Allow anyone under 18 to use or receive SERB's services.
- Users are responsible for taking necessary safety precautions.
Account Transfer and Conduct:
- You may not assign or transfer your account to another person or business.
- Users must use the SERB Platform only for legitimate purposes and comply with all applicable laws.
- You must not:
  - Operate or allow drones to operate for illegal or forbidden purposes.
  - Cause annoyance, inconvenience, or damage to others (e.g., pilots, drone operators, third-party providers).
Proof of Identity:
- In certain cases, you may be required to provide proof of identity to access or use the SERB Platform.
- Failure to provide proof of identity may result in:
  - Denial of access to the SERB Platform.
Non-Compliance Consequences:
- Failure to adhere to these requirements may result in:
  1. Immediate, temporary, or permanent withdrawal of your right to use the SERB Platform.
  2. Legal action, including reimbursement for costs incurred (administrative and legal).
  3. Disclosure of information to law enforcement authorities if necessary.
  4. Immediate removal of all activities and bookings made through SERB.

Notification and Situational Awareness:

Notifications must be enabled in the system to receive emergency alerts and critical updates.
Operators must stay informed about situational awareness and emergencies to ensure safe and compliant drone operations.

Legal Consequences of Non-Compliance:

Failure to adhere to regulations set by the Civil Aviation Authority in Oman may result in legal actions by the police or military.
Consequences may include fines ranging from 300 OMR to 1000 OMR or more, and potential imprisonment.

Limitation of Liability:

SERB is not liable for any outcomes resulting from the operator's failure to comply with applicable regulations or safety standards.

Prohibited User Activities:

In connection with the Services, you agree not to:

Post, transmit, or make available any materials that are:
- Threatening, harassing, degrading, hateful, or intimidating, or that fail to respect the rights and dignity of others.
- Defamatory, libelous, fraudulent, or otherwise tortious.
- Obscene, indecent, pornographic, or otherwise objectionable.
- Protected by copyright, trademark, trade secret, right of publicity, privacy, or any other proprietary right, unless you have obtained the express prior written consent of the applicable owner.

Charges and Payments:

Subscription Fees

The Fee for any service at any given time will be displayed on the Website or notified to you by a SERB Customer Services representative.
Fees are quoted in Omani Rials (OMR), excluding VAT and any Additional Charges.
Payment method: Users will only have one option, which is through the online payment method.
Payments will be processed by an external online payment provider cooperating with SERB.

Payment Failure

If a payment fails or is refused by the payment service provider, SERB is not obligated to complete the transaction.
Any costs or fees incurred from the failed or refused payment must be met by the User/pilot.

Card Data Storage

Card data may be stored by the external online payment provider for future orders, but only if the user has consented to the storage and future use.

Liability Disclaimer

SERB is not liable for any breaches of security or information exposure by the third-party payment provider.

Subscription to a Plan on the Website:

The fee for purchasing a subscription plan (excluding VAT and any applicable delivery charges for flight bookings) will be shown before the completion of the online transaction.

Prices:

Users will be notified of any fees, taxes, and costs that they will be charged during the purchasing process, and this information will be provided before submitting an order.

Plans Cancellation by SERB:

Flights may be delayed or canceled due to safety reasons outside of SERB's control.
Users may cancel individual flights and request new flights without limitation.

Fraudulent activity:

You agree to contact SERB immediately if you become aware of any fraudulent conduct involving your User Account. Notifications can be sent through the SERB Platform or by email to info@flyserb.com.
You are solely responsible for notifying your financial institution or payment services provider of any fraudulent activity involving a payment card stored in your User Account.
You acknowledge that SERB is not liable for unauthorized use of your User Account.
SERB retains the right (at its sole discretion) to stop or cancel any transaction if we suspect it is related to fraudulent, unlawful, illegal, suspicious, or criminal behavior, or if you are in violation of this Agreement.
If SERB becomes aware, or has reason to believe, that your User Account is being used in an unauthorized, unlawful, improper, or fraudulent manner, or for criminal activities (or has previously been used in this manner), or if you fail to comply with applicable laws, regulations, or any conditions in this Agreement, SERB may, in its sole discretion, take certain actions, including terminating your User Account.

Notification:

Users will be able to receive notifications from SERB, including reminders or other timely information about various activities that demand their attention, even when they are not actively using the website.
Notifications may include, but are not limited to:
- Weather condition updates
- Expired plan reminders
- Successful payment
- Rejection of payment
Users will be held completely responsible if they do not allow the website to send notifications. These messages may contain important information regarding:
- Flight delays and cancellations
- Changes or cancellations to any service
- Changes and cancellations to fees and rates
- Updates to the terms and conditions, and more.
SERB is not liable for users who fail to check the notification center for airspace limitations or other notifications that may result in flight delays or cancellations.

Intellectual Property:

You agree that the Services, including but not limited to Content, user interface, educational content, permits, flight requests, and the scripts and software used to implement the Services, contain proprietary information and material owned by SERB, its licensors, and/or content providers.
These materials are protected by applicable intellectual property and other laws, including but not limited to copyright.

Flight Restrictions and Compliance:

Operators are strictly prohibited from flying in restricted areas.
If a safe zone is temporarily turned into a restricted area or an emergency alert is received, the operator must immediately cease flight operations.

Regulated Flight Zones and Timing:

Flights must only occur within the designated regulated "safe zones" and during the approved time frames.

Preflight Safety Checks:

Operators are required to ensure all preflight checkups are completed thoroughly before takeoff.

Limitation of Liability:

To the extent not prohibited by law, in no event shall SERB be liable for the misuse of the services or content provided.
The pilot is obligated to utilize the booked area with all due diligence and will be held liable for any misuse of the areas or drone.
If the pilot utilizes an area other than the one booked, they are responsible for any commercial or personal damages or losses.
When flying any unregistered UAS in any area, the pilot is liable for all legal and safety consequences.
Pilots shall be held liable for using any zones other than the one booked.
If SERB or any competent authority delays or cancels a flight booking for safety or security concerns, pilots will be notified immediately. Failure to comply with these flight delays and cancellations will result in legal consequences.
There may sometimes be airspace restrictions regarding drones, such as:
1. Unfavorable weather conditions
2. Drone and pilot safety
3. Safety and privacy concerns
If any of these scenarios occur, all users will receive standard notifications containing the necessary information, excluding SERB's liability from any consequences.

Cookies Usage:

By using our website or application, you consent to the use of cookies as outlined in our Privacy Policy. These cookies help us provide a better user experience and ensure the website functions effectively.
If you do not agree to the use of cookies, you may disable them through your browser settings. Continued use of our website without disabling cookies constitutes acceptance of our cookie practices.

Severability:

If any provision of these Terms is found to be unlawful, void, or unenforceable, it will still be enforceable to the fullest extent allowed by applicable law.
The unenforceable part will be removed, and this will not affect the validity or enforceability of the remaining provisions.

Termination and Suspension of Services:

If you fail to comply with the terms, or if SERB suspects you've failed to do so, SERB may terminate this agreement or your account or restrict access to the services without notice.
You will remain liable for any amounts due under your account until the termination date.
SERB also reserves the right to modify, suspend, or discontinue the services at any time, with or without notice.

Security:

SERB agrees to implement commercially acceptable technical and organizational safeguards to protect against unauthorized disclosure and modification of its systems.
This includes measures such as firewalls, access controls, and other related security technologies.
For more details, please visit SERB's Privacy Policy at https://flyserb.com/en/privacy-policy.
This Platform and the Services are provided 'as is' with no warranties of any kind, and your use of the Services is entirely your responsibility.
We make no promises, express or implied, about the accessibility, quality, or suitability of this Platform or the Services.
There may be times when the Services are unavailable due to reasons such as necessary maintenance or circumstances beyond our control, for which we will never be held liable.

Indemnification:

You agree to indemnify, defend, and hold harmless SERB, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to:

(a) The User Content you provide or submit via the SERB Service.
(b) Your use of the SERB Service.
(c) Your breach of these Terms or the T&Cs.
(d) Any actual, prospective, completed, or terminated service between you and a third party.

Miscellaneous:

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and SERB.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.

Assignment:

Without SERB's prior written agreement, you may not assign or transfer your rights under this Agreement in whole or in part. You authorize SERB to assign or transfer its rights and duties under this Agreement in whole or in part, including to:

(i) A subsidiary or affiliate.
(ii) A purchaser of SERB's equity, business, or assets.
(iii) A merger successor. As a result of your contract with SERB or usage of the SERB Platform, no joint venture, partnership, employment, or agency relationship occurs between you and SERB.

Governing Law:

This Agreement shall be construed, interpreted, and governed by and in accordance with the laws of the Sultanate of Oman.

Dispute Resolution:

You agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof or the use of the SERB Platform or Services shall be governed and construed in accordance with the laws of the Sultanate of Oman. Each Party submits to the exclusive jurisdiction of the Sultanate of Oman's competent court.

Other Provisions:

This Agreement constitutes the entire agreement between you and SERB and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and SERB.

You may also be subject to additional terms and conditions that may apply when you make transactions or use affiliate services or additional services.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

SERB's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. SERB will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Disclaimer:

The information provided by [SERB] ("we," "us," or "our") on www.flyserb.com is offered in good faith and for the use of all official and registered users only. However, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the site.

Under no circumstance shall we have any liability to you for any loss or damage of any kind incurred as a result of the use or misuse of the site or reliance on any information provided on the site. Your use of the site and your reliance on any information on the site is solely at your own risk.

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