NAV Drone: What You Really Need to Understand Before Using It (Terms of Use)

NAV Drone is now a central tool for many drone pilots in Canada. Behind this official NAV CANADA platform, however, sits a strict legal framework that many users don’t fully realize. Here’s what you really need to understand.

An information tool — not authorization to fly

NAV CANADA is very clear: NAV Drone does not replace any regulatory obligations. The user remains fully responsible for complying with the Canadian Aviation Regulations (CARs), Part IX, NOTAMs, and the AIP (preamble, general sections).

Even if the application indicates that an area appears open, that does not guarantee the legality or the safety of the flight.

The application offers no detect-and-avoid capability, nor any aircraft separation service (preamble).

Responsibility rests entirely with the pilot

The pilot alone is responsible for safety, navigation, authorizations, weather, and regulatory compliance (section 6.4).

NAV CANADA does not provide any legal or operational advice (section 6.3).

A very strict limitation of liability

In the event of a problem, the maximum liability of NAV CANADA and Unifly is limited to $50 CAD, regardless of the nature of the damage (section 6.8).

No indirect, consequential, or financial damages may be claimed (section 6.7).

A duty to indemnify by the user

The user agrees to defend and indemnify NAV CANADA against any claim related to their use of the application, including legal fees (section 7).

In other words, if an incident occurs, NAV CANADA is contractually protected.

Flight data does not belong to you

All data generated by the application, including flight logs, belongs to NAV CANADA (section 10.5).

They may be used for analysis, aviation safety, or shared with authorities such as Transport Canada (section 14.2).

Suspension or termination without notice

NAV CANADA may suspend or terminate access to NAV Drone at any time, without compensation, in the event of non-compliance with the terms (section 9).

In summary

NAV Drone is a planning aid tool, not a legal shield.

The pilot assumes 100% of the responsibility, while NAV CANADA strongly limits its own and protects itself legally.

👉 Reading and understanding these terms is not optional: it is an essential part of risk management in RPAS operations in Canada.

Here are the terms of use in question:

NAV DRONE — TERMS OF USE

These terms of use (“Terms of Use”) govern all uses of the “NAV Drone” platform (including the NAV Drone Web applications and the NAV Drone mobile applications) (collectively, the “Application”), provided by NAV CANADA, a corporation incorporated under the laws of Canada and located at 151 Slater Street, Ottawa, Ontario K1P 5H3 (“NAV CANADA”). The Terms of Use constitute a legal agreement between the User, including any third party who accesses the Application or the data or information contained in the Application (collectively, “you” or the “User”), and NAV CANADA. NAV CANADA and the User are hereinafter referred to individually or collectively as a “Party” or the “Parties”.

BY DOWNLOADING, INSTALLING OR COPYING THE APPLICATION, AS WELL AS BY ACCESSING IT OR OTHERWISE USING IT, YOU:

(1) UNCONDITIONALLY ACCEPT THESE TERMS OF USE AND AGREE THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU ACCEPT THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT COMPANY OR OTHER LEGAL ENTITY AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND IT. IN THAT CASE, THE TERMS “YOU” OR “USER” INCLUDE THAT ENTITY, JOINTLY AND SEVERALLY WITH YOU PERSONALLY; AND

(2) CONSENT TO NAV CANADA PROVIDING YOU, IN ELECTRONIC FORM, ON THIS WEBSITE, THESE TERMS OF USE AND NAV CANADA’S PRIVACY NOTICE.

THE TERMS OF USE COME INTO FORCE ON THE DATE YOU ACCEPT THEM (THE “EFFECTIVE DATE”). IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE APPLICATION AND THE INFORMATION CONTAINED IN THE APPLICATION. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT DOWNLOAD, INSTALL, COPY OR USE THE APPLICATION, AND DO NOT ACCESS IT. IF THE APPLICATION HAS BEEN DOWNLOADED, DESTROY ALL COPIES OF THE APPLICATION.

THE APPLICATION AND ANY INFORMATION PROVIDED IN CONNECTION WITH THE APPLICATION ARE INTENDED TO BE USED IN CANADIAN DOMESTIC AIRSPACE ONLY.

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION DOES NOT REDUCE, REMOVE, EXEMPT OR LIMIT IN ANY WAY THE RESPONSIBILITY OF THE OWNER, OPERATOR OR PILOT OF A REMOTELY PILOTED AIRCRAFT (“RPA”) OR THE USER OF THE APPLICATION:

(1) TO COMPLY WITH THE APPLICABLE LEGAL AND REGULATORY OBLIGATIONS AS AN OWNER, OPERATOR OR PILOT OF AN RPA, INCLUDING PART IX OF THE CANADIAN AVIATION REGULATIONS, NOTICES TO AIRMEN (NOTAMs) AND OFFICIALLY PUBLISHED AERONAUTICAL INFORMATION (CANADA AERONAUTICAL INFORMATION PUBLICATION (AIP));

(2) TO ENSURE THE SAFETY AND NAVIGATION OF THE RPA AND OF ALL RPA FLIGHTS CONDUCTED (WITH OR WITHOUT USE OF THE APPLICATION); AND

(3) TO ENSURE THAT A VALID RPA PILOT CERTIFICATE ISSUED BY TRANSPORT CANADA, AS APPLICABLE, AS WELL AS ANY OTHER REQUIRED PERMITS AND NECESSARY FLIGHT AND WEATHER INFORMATION, ARE OBTAINED BEFORE CONDUCTING ANY RPA FLIGHT.

Use of the Application is at your own risk. You are solely responsible for the safe and legal operation of any RPA operated by you or by any person who has access to your RPA or to this Application, including any person to whom information contained in the Application has been provided, whether or not this Application is used as part of any operation. It is your responsibility to exercise reasonable judgment in evaluating whether it is safe or legal to operate an RPA at a given time or location. The fact that the Application may indicate that there is no flight restriction in effect or that there are no other hazards present does not guarantee that it is safe or legal to use an RPA. The Application does not provide and does not include any detect-and-avoid capability for any RPA, nor any aircraft separation service, nor any aircraft conflict-resolution service or technology; it is intended only to accelerate and maintain a safe and orderly flow of RPA traffic. The Application cannot, and will not, restrict or prevent the launch of a particular RPA operation for any reason whatsoever, including any hazard or any flight restriction. The User must independently assess and mitigate the risk of each RPA operation and comply with all messages provided by the Application.

All airspace maps, airspace data and flight restrictions provided through the Application (a) may contain inaccuracies and are provided for information purposes only, (b) do not constitute an official aeronautical source, (c) are not exhaustive, and (d) may not be updated regularly or verified for compliance purposes. Even if the Application may designate an area on the map as open or free of flight restrictions, that does not mean we recommend that area for RPA flight, and we cannot guarantee that you can legally operate your RPA in that area. You are responsible for consulting official sources and for complying with all applicable local, provincial, federal and foreign laws (including minimum age requirements) regarding the use, operation or piloting of RPAs.

The Application is not intended to be used, and you may not use the Application, in connection with the operation of navigation or communication systems for manned aircraft, air traffic control systems, or other equipment in which a failure of the Application could result in death, bodily injury, or severe physical or environmental damage.

By accepting these Terms of Use, you represent and warrant that you have the legal right and legal capacity to accept these Terms of Use and to use the Application in accordance with them. You further represent that you are at least the age of majority in your province of residence, or that you are at least 14 years of age and have the consent of your parents or legal guardians, who are at least the age of majority in your province of residence, to allow you to use the Application in accordance with these Terms of Use. The Application is not intentionally designed for children 13 years of age and under and is not directed at them. NAV CANADA’s policy is to never knowingly collect or retain information about anyone under 13 years of age.

Any modification to the functions, tools or prices of the Application, or any addition of functions, tools or prices to the Application, will also be subject to these Terms of Use. You can view the most recent version of the Terms of Use at any time within the NAV Drone mobile and Web applications. We reserve the right to update, modify, or replace any part of these Terms of Use by posting updates and/or changes anywhere in the Application. It is your responsibility to periodically check the most recent Terms of Use for changes. Your continued use of the Application after any changes are posted constitutes acceptance of those changes.

Any breach of any of the Terms of Use will result in immediate termination of these Terms of Use and of your right to use the Application.

The Application was designed and is managed by Unifly NV, whose head office is located at Luchthavenlei 7A, 2100 Antwerp, hereinafter referred to as “Unifly”.

1. DEFINITIONS

Unless the context of a specific provision indicates otherwise, the highlighted terms below have the following meanings:

1.1 Remotely piloted aircraft or RPA (aéronef télépiloté or ATP)An aircraft capable of navigation, other than a balloon, rocket, or kite, operated by a pilot who is not on board (also called a drone, unmanned aircraft, or unmanned aerial vehicle (UAV)).

1.2 Device (appareil)Any computer or device (fixed or mobile) on which the Application is installed and/or with which the User may use or otherwise access the Application.

1.3 Application (Application)The NAV Drone platform, including NAV Drone Web applications and NAV Drone mobile applications, provided by NAV CANADA in any form whatsoever — including know-how, upgrades, modified versions, updates, changes and additions — as well as the description of its operation and application provided by NAV CANADA, and the corresponding materials, printed documentation (online or offline), electronic documentation and online services, whether contained in the Application or in other data media.

1.4 Terms of Use (Conditions d’utilisation)All of these terms governing the User’s rights and obligations under the granted right of use.

1.5 Anonymized Data (Données anonymisées)As defined in section 14.3.

1.6 Login Credentials (données de connexion)The User’s identification (user ID) and password that allow access to the Application.

1.7 Right of Use (droit d’utilisation)A limited right to access and use the Application, granted to the User in accordance with these Terms of Use.

1.8 Intellectual Property Rights or IPR (droits de propriété intellectuelle ou DPI)Means:a) all intellectual property rights, including but not limited to copyright, related rights, computer program rights, patents, trademarks, designs, database rights, geographical indications and appellations of origin, and rights relating to semiconductor topographies;b) all registrations or applications for registration and the right to apply for registration of any such rights; andc) all other intellectual property rights and similar or equivalent forms of protection in any country in the world.

1.9 Controlled airspace (espace aérien contrôlé)Airspace of defined dimensions within which air traffic control service is provided in accordance with airspace classification. With respect to Canadian domestic airspace, controlled airspace consists of Class A, B, C, D and E airspace and, in certain cases, Class F airspace.

1.10 Canadian domestic airspace (espace aérien intérieur canadien)Airspace specified and delineated as such in the Designated Airspace Handbook, copies of which are available free of charge in digital format at www.navcanada.ca.

1.11 Third-party Hardware (Matériel tiers)As defined in section 4.1.

1.12 Personal information (renseignements personnels)Any information about an individual that identifies that person, including but not limited to login credentials, date of birth, contact details (such as address, phone number, mobile number, email), User settings (language, contact information, units of measurement), RPA settings (brand, series, maximum take-off mass, type, serial number, registration number), flight log files for flights conducted with an RPA (operator and pilot name, RPA information, departure location and coordinates, arrival location and coordinates, start date, end date, start time, end time, radius, maximum altitude, flight type, notes, flight evaluation), and your name associated with any of that information.

1.13 Feedback (rétroaction)Requirements, comments, responses, opinions and feedback from the User regarding the definition, design or validation of the Application and related documentation.

1.14 Third-party Services (Services tiers)As defined in section 12.1.

1.15 Remotely Piloted Aircraft System or RPAS (système d’aéronef télépiloté ou SATP)A set of configurable elements including a remotely piloted aircraft, its control station, command and control links, and any other system element required during flight.

1.16 Unifly (Unifly)As stated in the preamble to these Terms of Use.

1.17 User (Utilisateur)Any natural or legal person, regardless of capacity and location, who uses the Application and/or acquires a right of use under these Terms of Use.

1.18 Use (utilisation)Any use of the Application or the Site, including, among other things: downloading and/or installing the Application or the Site, registering or loading the Application or the Site into the temporary or permanent memory of a computer or device, using the Application or the Site in accordance with its intended use, as well as misuse of the Application or the Site, modifying the Application in any way, and removing the Application.

2. LIMITED RIGHT OF USE

2.1 Subject to the User accepting these Terms of Use and continuing to comply with them, NAV CANADA hereby grants the User a limited, restricted, non-exclusive and non-transferable right of use of the Application for use solely in relation to RPA flights in Canadian domestic airspace. Any use for other purposes (including commercial purposes other than use for RPA flights conducted by the User) is strictly prohibited.

2.2 The User may use the Application only in accordance with the limited right of use. The User receives no transfer of ownership or intellectual property rights in the Application.

2.3 The User agrees to keep login credentials strictly confidential and not to share them in any circumstances with any other person. The User is responsible for any use of the Application using their login credentials. The User must immediately inform NAV CANADA at navdrone@navcanada.ca of any loss, theft, breach of confidentiality or misuse of their login credentials of which they become aware. NAV CANADA reserves the right to immediately terminate the Terms of Use in the event of loss or misuse of the User’s login credentials by the User or by a third party.

2.4 It is prohibited for the User or authorized third parties to:

(a) copy or reproduce the Application, its data or the underlying database, in whole or in part, directly or indirectly in any manner and for any purpose whatsoever (except for backup purposes), share it with third parties or sell, lend or rent it, unless NAV CANADA has granted prior express authorization;

(b) to the extent permitted by applicable law, reverse-engineer the Application or examine in any way the technical, practical or other requirements met by the Application, or determine the exact functioning of the Application, or decompile the Application or allow any other attempt to recover source code or object code, or determine procedures, processes, algorithms, know-how or other information from the Application’s binary code;

(c) adapt, translate or combine the Application, the underlying database or the Application source code, in whole or in part, with any other computer software, unless expressly agreed in writing in advance with NAV CANADA;

(d) integrate the Application or the underlying database into other computer software, develop (or have developed) or write (or have written) derivative software or other software based on the Application, or subcontract the development of derivative software or other software based on the Application;

(e) modify or remove in any way the notices relating to the origin of the Application, the (exclusive) rights of NAV CANADA or Unifly associated with the Application, and the Application’s copyrights held by Unifly;

(f) remove or circumvent in any way the security mechanisms of the Application;

(g) publish and/or reproduce the Application in any way without NAV CANADA’s prior express written authorization;

(h) send spam, commercial communications or unsolicited communications by means of the Application;

(i) disseminate inappropriate content, defined as including obscene, indecent, pornographic, inflammatory, insulting, defamatory, libellous, threatening, vulgar content or content harmful to children, or content inciting racial hatred, terrorist acts, violence, drug use, or any other behaviour contrary to good morals, public order and the law;

(j) by any means, send, store or use within the Application data (including personal data) of natural persons, third-party IPR or other documents if such data, IPR or documents infringe third-party rights or are obscene, threatening, defamatory, illegal or otherwise unlawful;

(k) use the Application in a manner that causes or may cause damage to the Application, or in a manner that has, or could have, a negative impact on access to the Application or on its operation, use or availability;

(l) add any harmful code to NAV CANADA systems, including but not limited to viruses, malware, trojans, worms and other malicious code, files, scripts, agents or programs;

(m) disrupt the integrity and/or operation of the Application, underlying software and hardware, the network, network services or network communications;

(n) provide inaccurate or misleading information to NAV CANADA by using the Application or otherwise use the Application for fraudulent or illegal purposes, including but not limited to using the Application in connection with RPA flights in violation of third-party rights (including privacy rights); or

(o) obtain (or attempt to obtain) unauthorized access to the Application or to NAV CANADA or third-party related systems or networks, for example by using (ethical) hacking, man-in-the-middle attacks or DDoS attacks.

2.5 If the User downloads the Application onto a device that does not belong to them, the User must ensure they have authorization to download the Application and remains bound by these Terms of Use.

3. UPGRADES AND/OR UPDATES

3.1 These Terms of Use do not grant the User any enforceable right to upgrades or updates of the Application. NAV CANADA may offer upgrades or updates at any time. In such case, at least the provisions of these Terms of Use apply to those upgrades or updates unless otherwise indicated.

3.2 The User is required, at regular intervals, to download, install and use upgrades and updates to the Application as required by NAV CANADA. Failure to download, install or use upgrades or updates prevents the User from using the Application, as it could expose the Application to security risks or render it unusable, dangerous or unstable. NAV CANADA assumes no responsibility for refusing or failing to provide access to the Application to a User, or allowing them to use it, if the User has failed to comply with this section.

3.3 If the device operating system is outdated, it may no longer be possible to implement updates and/or upgrades. NAV CANADA assumes no responsibility for ensuring the Application remains compatible with outdated operating systems.

4. USE OF THE APPLICATION FOR OPERATING THIRD-PARTY HARDWARE

4.1 You may use the Application in relation to your use of a third-party RPA (unmanned aircraft or drones), including recreational and commercial RPAs, as well as its physical products and other hardware and firmware (collectively “Third-party Hardware”) in flight. You may also use the Application to plan flight routes for Third-party Hardware.

4.2 You are responsible for obtaining and maintaining Third-party Hardware, including the RPA, its controller, any communication equipment, telecommunications and other services required to access or use the Application. You agree that: (a) you will use each Third-party Hardware only in accordance with its applicable terms of use, user manual and applicable safety guidelines; (b) you will use and maintain Third-party Hardware with due care, and you will not degrade, modify, use or operate any Third-party Hardware illegally or for illegal purposes, in violation of any applicable federal, provincial or local law or regulation in Canada; and (c) you will not (and will not authorize anyone to) remove, degrade or otherwise hinder regulatory or certification markings affixed to Third-party Hardware. You further agree to use your Third-party Hardware in accordance with the user manual and safety guidelines provided by the third party. In addition, before using the Application in connection with Third-party Hardware, you agree to update Third-party Hardware to the most recent version of any required third-party software and firmware needed to operate it.

5. USE OF THE APPLICATION THROUGH APP STORES

5.1 NAV CANADA offers the Application in app stores such as those provided by Apple (Apple App Store) and Google (Google Play). If the User acquires the Application in such an app store, that store’s terms may also apply.

5.2 If use of the Application is subject to an app store’s terms and there are or appear to be conflicts or ambiguities between these Terms of Use and the app store terms, the app store terms prevail to the extent necessary to resolve the contradiction. In all other cases, these Terms of Use are the only applicable terms. The User acknowledges and accepts the obligation to comply with these Terms of Use and the terms of the app store through which they accessed the Application.

6. WARRANTIES AND LIMITATION OF LIABILITY

6.1 The Application, as well as the information and results provided by the Application, are produced by NAV CANADA and are used only in Canadian domestic airspace.

6.2 NAV CANADA does not guarantee that the Application is or will be error-free, complete, accurate, reliable or current. NAV CANADA makes commercially reasonable efforts to keep the Application (which it owns) up to date. The User accepts the Application as provided and without any express or implied warranty as to quality, performance or fitness for purpose. The User acknowledges and accepts that situations may arise in which the Application is not available and/or does not function properly, including but not limited to issues or bugs in the Application or underlying infrastructure, network connection issues or telecommunications disruptions, force majeure, or erroneous or faulty actions by the User themselves.

6.3 You acknowledge and agree that this Application is not intended to provide legal (or professional) advice and that nothing in the Application or these Terms of Use shall be considered, implied or interpreted as an offer or provision of legal or other advice, or as a recommendation for a particular course of action. Changes may be made periodically to the Application and/or the Application content and may be made at any time. NAV CANADA reserves the right to change, modify, suspend or discontinue the Application or any content at any time without notice and may suspend your access to or terminate the Application immediately without notice, at its sole discretion, for any reason and without further obligation or liability to you.

6.4 YOU FURTHER AGREE THAT THE RPA PILOT IS SOLELY AND ENTIRELY RESPONSIBLE FOR THE SAFETY AND NAVIGATION OF THAT RPA AND OF ALL RPA FLIGHTS CONDUCTED BY THAT PILOT. THE RPA PILOT MUST AT ALL TIMES ENSURE THAT THE REQUIRED PILOT CERTIFICATION(S), THE REQUIRED AIRSPACE ACCESS AUTHORIZATION(S) AND THE NECESSARY INFORMATION (INCLUDING AERONAUTICAL AND WEATHER INFORMATION) ARE OBTAINED BEFORE CONDUCTING AN RPA FLIGHT. THE RPA PILOT IS ALSO FULLY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO THE REQUIREMENTS OF THE AERONAUTICS ACT (CANADA) AND THE CANADIAN AVIATION REGULATIONS (INCLUDING PART IX). YOU ARE ALSO RESPONSIBLE FOR OBTAINING INSURANCE FOR YOUR RPA OPERATIONS, DETERMINED AT YOUR DISCRETION AND IN COMPLIANCE WITH APPLICABLE LAW.

6.5 Beyond the Application’s functionality in the context of Part IX of the Canadian Aviation Regulations regarding the use of RPAs in Canadian domestic airspace, the Application provides the User or an RPA pilot only non-binding information. This information is based on information available to NAV CANADA regarding the preparation and execution of an RPA flight. The information provided by the Application does not constitute legally binding information and may be incomplete, inaccurate or not up to date. The User may provide feedback on the Application to allow NAV CANADA to improve it.

6.6 YOU AGREE THAT THE APPLICATION AND THE APPLICATION CONTENT (INCLUDING BUT NOT LIMITED TO THE DATA AND INFORMATION CONTAINED IN THE APPLICATION AND ON THE NAV DRONE WEBSITE) ARE PROVIDED “AS IS” FOR INFORMATION PURPOSES ONLY, AND MUST BE USED ONLY FOR YOUR OWN PERSONAL USE WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. NAV CANADA, TO THE FULL EXTENT PERMITTED BY LAW, DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND AND MAKES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS OR CURRENCY OF THE APPLICATION OR THE APPLICATION CONTENT OR ANY INFORMATION PROVIDED BY A THIRD PARTY IN CONNECTION WITH THE APPLICATION. NAV CANADA IS NOT RESPONSIBLE FOR ERRORS OR DELAYS IN INTERNET TRANSMISSION AND DOES NOT GUARANTEE THAT THE APPLICATION WILL OPERATE WITHOUT ERROR OR INTERRUPTION OR THAT THE SITE OR ANY SITE CONTENT IS FREE OF MALWARE OR ANY OTHER HARMFUL ELEMENT.

6.7 IN NO EVENT SHALL NAV CANADA, OR UNIFLY, OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, COST, EXPENSE OR OTHER LOSS, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE, OF ANY TYPE OR NATURE WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY, STRICT LIABILITY, INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY (INCLUDING PATENT OR COPYRIGHT) OR ANY OTHER LEGAL THEORY) ARISING FROM THE USE OF THE APPLICATION OR ANY APPLICATION CONTENT, RELIANCE THEREON, OR INABILITY TO USE IT (INCLUDING IN CONNECTION WITH TRANSMISSION OR DOWNLOAD OF THE APPLICATION OR ANY APPLICATION CONTENT), OR THE USE OF OR RELIANCE ON ANY APPLICATION CONTENT (INCLUDING INFORMATION PROVIDED BY THIRD PARTIES IN CONNECTION WITH THE APPLICATION), WHETHER OR NOT NAV CANADA OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.8 WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY ABOVE:A) IN NO EVENT SHALL THE TOTAL LIABILITY OF NAV CANADA, ITS AFFILIATES OR LICENSORS OR UNIFLY FOR ALL DAMAGES (OTHER THAN THOSE THAT MAY BE REQUIRED BY APPLICABLE LAW) ARISING FROM, OR IN CONNECTION WITH, YOUR USE OF THE APPLICATION OR YOUR INABILITY TO USE THE APPLICATION, EXCEED THE AMOUNT OF FIFTY CANADIAN DOLLARS (CAD $50);B) NAV CANADA OR UNIFLY IS NOT RESPONSIBLE FOR THE LOSS, DAMAGE OR MISAPPROPRIATION OF YOUR DATA OR INFORMATION CONTAINED IN THE APPLICATION OR OTHERWISE UNDER ANY OTHER CIRCUMSTANCES, OR FOR ANY CONSEQUENCES RELATED TO CHANGES, RESTRICTIONS, SUSPENSION OR TERMINATION OF ACCESS TO THE APPLICATION OR THIS AGREEMENT OR USE OF THE APPLICATION OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF DAMAGES CAUSED, IN WHOLE OR IN PART, BY A THIRD-PARTY CLOUD SERVICE PROVIDER OR A CLOUD SERVICE SUBCONTRACTED BY NAV CANADA IN CONNECTION WITH HOSTING THE APPLICATION.

7. INDEMNIFICATION

7.1 You agree to defend, indemnify and hold harmless NAV CANADA, its affiliates, partners, licensors, service providers, subcontractors, suppliers and their respective officers, directors, employees, professional advisors and agents with respect to any claim, action, demand, loss, liability and expense, and any damages and costs (a “Claim Against NAV CANADA”), including but not limited to reasonable legal and accounting fees, relating to or attributable to:

(i) your access to the Application;(ii) your use of or reliance on the Application or Application content;(iii) your breach of these Terms of Use; or(iv) your breach of applicable laws or third-party rights in connection with your use of the Application;

provided that NAV CANADA:a) promptly notifies you in writing of the Claim Against NAV CANADA;b) gives you exclusive control of the defense and settlement of the Claim Against NAV CANADA (except that you may not settle any Claim Against NAV CANADA unless it unconditionally releases NAV CANADA from all liability); andc) provides you with all reasonable assistance, at your expense.

8. TRANSACTIONS, FEES/PRICES AND CHANGES TO FEES/PRICES

8.1 Subject to section 8.2, the User is not required to pay compensation for use of the Application. However, this does not affect fees that may otherwise be due in connection with RPA registration or RPA flights, in accordance with applicable law.

8.2 Prices for your right of use of the Application are subject to change without notice. We may offer the possibility to purchase or obtain certain products or services using the Application.

8.3 We reserve the right at any time to modify or discontinue the Application (or any part or content thereof), or any product or service, or to limit quantities available, without notice.

8.4 We will not be liable to you or any third party for any modification, suspension or discontinuance of the Application or any change in price.

9. SUSPENSION AND TERMINATION

9.1 If the User breaches these Terms of Use, NAV CANADA reserves the right, immediately and without notice:i) to suspend (temporarily or permanently) or terminate the User’s access to the Application, in whole or in part;ii) to cancel or suspend (temporarily or permanently) the User’s right of use with immediate effect; and/oriii) to modify these Terms of Use and/or the availability of the Application, or to terminate it.

9.2 The User may, at any time, withdraw from this agreement through their user account and permanently remove the Application from the device.

9.3 In the event of suspension or termination, the User loses all rights of use of the Application and access to any other related services, if any. The User must also permanently delete all copies of the Application from their device(s).

All consequences associated with suspension and/or termination are solely at the User’s expense. NAV CANADA is not required to compensate or indemnify the User in the event of suspension or termination. Moreover, NAV CANADA cannot be held responsible for the consequences of such suspension, termination or deletion.

9.4 We may also terminate these Terms of Use for convenience at any time without notice, and you will remain responsible for any amounts owed up to and including the termination date, where applicable; and/or we may deny you access to our Application (or a part thereof).

9.5 These Terms of Use remain in effect until terminated by you or by us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use the Application or when you cease using our Application. The obligations and liabilities of the Parties incurred before the termination date survive termination for all purposes.

10. CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS

10.1 The User agrees to respect the confidential nature of the Application and any possible information received by the User in the context of these Terms of Use and the use of the Application. Both during and after the effect of these Terms of Use, the User will not disclose this information, communicate it to third parties, or use it for purposes other than those related to the User’s use of the Application. Upon termination of the Terms of Use for any reason, the User must return to NAV CANADA the confidential information received, upon simple request from NAV CANADA. The User must then cease any further use of that information. The Application, all data and all information constituting it, as well as NAV CANADA’s or Unifly’s know-how and intellectual property rights, must be considered confidential information of NAV CANADA or Unifly.

10.2 All products or services provided by NAV CANADA, and in particular the Application (including trademarks, logos, drawings, plans, data, product and/or company names, texts, images, software and others) are or may be protected by intellectual property rights, and are and will remain the exclusive property of NAV CANADA (or their licensors).

10.3 For greater certainty, the User is not authorized in any way to modify, copy, distribute, send, resell, reproduce, publish, patent, transfer or sell information or content, even partial, of the Application or the underlying database to which they have access or the services they receive or have received from NAV CANADA, nor to create derivative products from any of the foregoing.

10.4 Access to products and the provision of services by NAV CANADA and Unifly do not constitute a transfer or assignment of their IPR, except as mentioned and under the conditions set out in these Terms of Use. Any infringement of the intellectual property rights of NAV CANADA, Unifly or third parties may result in civil or criminal proceedings under applicable law.

10.5 All information NAV CANADA collects or may collect using the Application, or any information collected by the Application, automatically or otherwise, during use of the Application, as well as all general operational data or the User’s flight data, are and remain the exclusive property of NAV CANADA. NAV CANADA reserves the right to use this information for any purpose whatsoever, including but not limited to administering RPA flights, improving the Application’s functionality and the support it provides, investigating RPAS or other air incidents and sharing this information with third parties in connection with such investigations (including governmental and regulatory bodies), as well as for communications, account management and fraud prevention purposes.

11. USER FEEDBACK

11.1 If the Application is not available or does not function properly, the User may contact NAV CANADA at any time at navdrone@navcanada.ca to report issues. If you have a question or complaint regarding the Application, please email navdrone@navcanada.ca. You may also contact us in writing at Service GCS, P.O. Box 3411, Station T, Ottawa, Ontario K1P 5L6, or by phone at 1-613-563-5588. Please note that email communications may not be secure; therefore, you should not include credit card information or other sensitive information in your electronic correspondence with us.

11.2 By submitting your feedback (comments, ideas, suggestions, etc.), you agree that your disclosure is free, unsolicited and without restriction, that your disclosure will not place NAV CANADA under any fiduciary or other obligation, and that NAV CANADA is free to use, disclose and otherwise exploit the feedback without any restriction and without any additional compensation to you. By accepting your feedback, NAV CANADA does not waive any right to use similar or related comments previously known to NAV CANADA, developed by its employees or obtained from sources other than you.

11.3 We may monitor, edit or remove any content we deem unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that violates any Party’s intellectual property or these Terms of Use, but we are not obligated to do so.

11.4 You agree that your comments and feedback will not violate any third-party rights, including copyright, trademark, privacy, personality rights or any other personal or proprietary right. You further agree that your comments will not contain defamatory, unlawful, abusive or obscene material, nor computer viruses or other malware that could in any way affect the operation of the service or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility for any comments posted by you or any third party.

12. THIRD-PARTY SERVICES (INCLUDING CLOUD SERVICES), THIRD-PARTY COLLABORATION AND THIRD-PARTY LINKS

12.1 You understand and agree that management and delivery of the Application may require transmission and storage of information related to your use of the Application, including your personal information, to selected third-party service providers (including cloud or hosting providers), and may include or use third-party products or services (collectively, “Third-party Services”). Third-party Services may include third-party providers, as well as data centres and facilities, which may be located outside Canada, including in the United States. This means that information related to your use of the Application, including your personal information, may be subject to the laws and legal disclosure obligations of the jurisdictions where such information is transmitted or stored. NAV CANADA reserves the right to contract with third-party subcontractors to provide all or part of the Application, including with cloud service or hosting solution providers, on behalf of NAV CANADA. NAV CANADA may at any time change or replace these subcontractors at its sole discretion. NAV CANADA makes no representations and provides no warranties with respect to such Third-party Services, and Third-party Services are provided in accordance with their respective terms and conditions.

12.2 The Application may contain links or functions that depend on third-party websites or data that belong to, originate from, or are provided by third parties (whether or not for value). The availability and content of such websites or data are not managed or inspected by NAV CANADA, and NAV CANADA cannot be held responsible for products or services provided by third parties or for continued availability of third-party data. The User hereby waives any legal claim against NAV CANADA regarding such third-party websites or products or services.

12.3 Certain specific functions of the Application require a permanent Internet connection. The User is solely responsible for providing that Internet connection and for all related costs. NAV CANADA will never be responsible for Internet connection costs, the inability to use the Application without an Internet connection, or any reduction in ease of use resulting therefrom.

12.4 The Application may include hyperlinks to third-party websites solely to help you determine and locate other sources of information that may be of interest. Hyperlinks do not imply endorsement (including that NAV CANADA has reviewed such sites) or association with third-party sites, and NAV CANADA, its affiliates and related companies are not responsible for such third-party websites or the information contained therein. Use of third-party websites is entirely at your discretion and risk, and you may not create links from other websites to this site. Any copying, retransmission or redistribution of any portion of the Site, including by caching, framing or other similar means, is expressly prohibited without NAV CANADA’s prior written consent.

12.5 NAV CANADA may, without notice, insert advertising data into the Application, provided that this does not imply transmission of your personal information in contravention of these Terms of Use or our Privacy Code for the protection of personal information.

13. COMPLIANCE WITH APPLICABLE LAWS

13.1 In addition to complying with these Terms of Use, you agree to use the Application (including Application data and other content) for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations. The Application must not be used when, and to any extent, such use is prohibited by law.

14. PRIVACY AND PERSONAL INFORMATION

14.1 Your privacy and the security of your personal information are very important to NAV CANADA. You are prohibited from posting, uploading or transmitting third-party personal information on the Application without their consent. NAV CANADA’s Privacy Code for the protection of personal information, a full copy of which can be found at https://www.navcanada.ca/fr/nav-canada-avis-de-confidentialite.pdf, explains how NAV CANADA collects, uses, discloses and retains personal information. The Privacy Code forms an integral part of these Terms of Use and is incorporated by reference. Your acceptance of these Terms of Use also means you accept the terms of the Privacy Code.

14.2 We collect only the personal information we need and tell you how we use it. We may collect, protect, use, share, disclose and retain your personal information, including but not limited to your address, login credentials, your RPA pilot certificate number, your contact details (such as address, phone number, mobile number, email), your device’s geographic location, technical information about your device (type, operating system, IP address), User settings (language, contact information, units of measurement), RPA settings (brand, series, maximum take-off mass, type, serial number, registration number) and flight log files (operator and pilot name, RPA information, departure location and coordinates, arrival location and coordinates, start date, end date, start time, end time, radius, maximum altitude, flight type, notes, flight evaluation), for the general purposes set out below:

(a) to launch, open, monitor, update, serve, process, analyze and audit your NAV Drone account with NAV CANADA, including by disclosing or exchanging personal information with third-party service providers, affiliates or agents; to administer services provided to you; to develop our relationship with you; and to analyze and manage our business, including assessing customer needs, desires and satisfaction levels;

(b) to promote air traffic safety; raise awareness of aviation safety and other issues; and better understand air traffic;

(c) to support the preparation and execution of an RPA flight and manage flight approvals (for RPA flights in controlled airspace); and

(d) to respond to legal, safety, processing and regulatory requirements.

WE MAY ALSO SPECIFICALLY SHARE YOUR NAME, TRANSPORT CANADA RPA PILOT CERTIFICATE NUMBER, RPA PILOT CERTIFICATE LEVEL, AND RPA REGISTRATION NUMBER WITH TRANSPORT CANADA IN ORDER TO VALIDATE THE ACCURACY OF THAT INFORMATION WITH TRANSPORT CANADA.

You further acknowledge and agree that information relating to your use of the Application, including your personal information, may be subject to caching policies or other technical processing or transmission policies on your device or at intermediary locations on the Internet.

You consent to NAV CANADA collecting, using, sharing, disclosing and retaining your personal information at any time with a government, an agent or a third-party service provider for the purposes stated above, and you accept these Terms of Use as written notice.

14.3 We will not share personal information with third parties except as set out in these Terms of Use and in our privacy notice. Only aggregated or anonymized data and information that do not enable a third party to identify a given person (“Anonymized Data”) may be periodically shared with external service providers to help improve the Application, or to support analysis and business operations, business intelligence, product development, product and service improvement, content personalization, advertising, recommendations, evaluation of the Application and its services, evaluation of Application performance, etc. NAV CANADA may also use Anonymized Data to conduct its own analyses and enable third-party analytics.

14.4 Through registration, through information you submit in the Application, or when you email us or ask us to respond by email, we learn your email address and the information you have provided. We may send you customer service messages electronically, including RPA flight authorization confirmations, emergency emails, account alerts and other notices. We will not ask you to provide by email personal information or login credentials such as usernames, passwords, or account or flight authorization numbers (whether solicited or not). If you receive an email that appears to come from NAV CANADA and you believe it is fraudulent or suspicious, do not reply and do not open or click any links or attachments contained in it. Please notify us immediately and delete the email right after notifying us.

14.5 The Application’s functions and map service include location-based functions. When you use location-based functions in the Application, you may send NAV CANADA various location and usage information, including the real-time geographic location of your device, in order to process your request and improve the Application’s functionality. By using the Application, you consent to the transmission, collection, updating, processing and use of that information by NAV CANADA and its third-party subcontractors and agents in order to provide and improve the Application’s functions and services. You can disable location-based functions by disabling the location setting on your device. However, some Application functions will not be available if you disable real-time geographic location.

14.6 Subject to legal and contractual restrictions, you may withdraw your consent at any time after opening your account with reasonable notice. However, certain consents are mandatory and cannot be withdrawn. For example, once you have registered for a NAV Drone account, you cannot withdraw your consent regarding essential matters for NAV CANADA to provide services through the Application or for management of our business, including use of your email address. If you refuse or withdraw your consent for any purpose necessary to provide you the Application and related services, we will no longer be able to provide you the Application or service.

14.7 NAV CANADA ensures appropriate security measures are in place and that personal information collected through this website is stored securely to prevent loss, theft, unauthorized access, disclosure or modification. However, it is important to remember that the Internet is not a secure means of communication, and neither the security of your communications nor visits to the Application can be fully guaranteed. NAV CANADA and Unifly are not responsible for any damage resulting from transmission, interception, or alteration of communications to and from the Application. NAV CANADA and Unifly assume no responsibility for technical problems or failures of any telephone line or network, online computer system, server or provider, computer equipment and software; email failures (or member failures) attributable to technical issues; or Internet congestion or any other website, or a combination thereof, including injury or damage to members’ computers or other persons resulting from use of the services or downloading material from the Application or related thereto. If, for any reason, the Application cannot operate as intended, including due to computer virus infection, bugs, tampering, unauthorized intervention, fraud, technical failures or any other cause beyond NAV CANADA’s control that corrupts or affects administration, security, fairness, integrity or proper conduct of the Application, NAV CANADA reserves the right to cancel, terminate, modify or suspend the services and/or the Application indefinitely.

14.8 If you delete or disable your account with us, or request deletion of your account, you acknowledge and agree that we may retain one or more copies of that account for archiving or compliance purposes or to provide the Application to you or others, in accordance with our retention policy, and always subject to your licence with us as set out above.

14.9 You agree that we may, without notice or liability, disclose to third parties, including but not limited to third-party service providers, servers and/or potential acquirers, any of your information (including personal information), monitor Application use, and monitor, review and retain your information (including personal information) if we believe in good faith that such activities are reasonably necessary to provide the Application to customers, ensure compliance with or enforce these Terms of Use, comply with any law or regulation, respond to any allegation of unlawful conduct or alleged infringement of third-party rights, or protect ourselves or others.

15. USE OF “COOKIES”

15.1 NAV CANADA uses cookies to collect information and track users’ navigation on the NAV Drone website. A cookie is a small text file containing a unique identification number to your browser (and not to you) that indicates each time you visit our website. Cookies allow NAV CANADA to determine which pages on its website are visited and by how many people. Even if NAV CANADA’s website may assign a cookie to your computer, we will not know who you are unless you expressly tell us. Cookies cannot be used alone to determine the identity of a website visitor, and NAV CANADA does not combine information collected by a cookie with your personal information such as your name, phone number or email address without your consent. Most websites use cookies and most Internet browsers are set to accept them. However, if you prefer, you can reset your browser settings to be notified when a cookie has been assigned to your computer or to refuse cookies. If you choose to refuse cookies, you may not be able to use certain functions of our website.

16. GENERAL PROVISIONS

16.1 If any provision of these Terms of Use now or in the future is, in whole or in part, null or unenforceable for any reason, the other provisions remain fully applicable and binding. In that case, NAV CANADA will replace the provisions deemed invalid or unenforceable.

16.2 The User is not authorized to transfer these Terms of Use or the rights and obligations arising therefrom, directly or indirectly, without NAV CANADA’s prior written consent.

16.3 These Terms of Use supersede all prior agreements governing the subject matter hereof. NAV CANADA reserves the right to modify them at any time. In that case, the User will be notified through the Application or by any other means determined by NAV CANADA. Any subsequent use of the Application constitutes implied acceptance of the modified Terms of Use. If the User does not agree with the changes, they must cease using the Application and their right of use must be terminated.

16.4 NAV CANADA is entitled to communicate, through the Application, any notice relating to these Terms of Use.

16.5 You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between NAV CANADA and you as a result of these Terms of Use or use of the Application.

16.6 Neither Party shall be responsible for failure or delay in performing obligations under these Terms of Use if such failure or delay is due to circumstances beyond its control, including but not limited to acts of nature, government acts, wars, riots, strikes, epidemics, quarantines and transportation accidents, excluding lack of funding, money or credit.

16.7 The Application is administered by NAV CANADA from its offices in the Province of Ontario, Canada. By accessing the Application, you agree with NAV CANADA that all matters relating to use of or access to the Application and all related communications, transmissions and transactions will be deemed to have occurred in the Province of Ontario and will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict-of-laws rules. NAV CANADA and you also agree and irrevocably acknowledge the exclusive jurisdiction and laws of the courts of the Province of Ontario with respect to such matters.

16.8 Our failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision.

16.9 Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

16.10 These Terms of Use, as amended from time to time, including documents, websites, rules, terms and policies referenced herein, including but not limited to the Privacy Code for the protection of personal information, constitute the entire agreement between NAV CANADA and you regarding the matters addressed in these Terms of Use and supersede all prior and contemporaneous agreements, whether electronic, oral or written..