Terms of service

DRONEPILOT MALAYSIA: MASTER TERMS OF SERVICE

Effective Date: 14 October 2026

Last Revised: 14 October 2026

Jurisdiction: Malaysia

Statutory Framework: Contracts Act 1950; Electronic Commerce Act 2006; Consumer Protection Act 1999; Civil Aviation Act 1969 & Civil Aviation Regulations 2016 (MCAR); CAAM CAD 601; Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA); Arbitration Act 2005.

1. RECITALS & DEFINED TERMS

1.1 Parties

This Master Terms of Service agreement ("Terms" or "Agreement") forms an enforceable, legally binding contract entered into between DronePilot Malaysia (operated under its corporate operating entity; hereinafter referred to as "DronePilot", "Company", "we", "us", or "our") and any individual or corporate entity accessing, registering, bidding, or procuring services via `https://dronepilot.my/` and its subdomains, APIs, and mobile interfaces (the "Platform").

1.2 User Classifications

• "User": Any party accessing or utilizing the Platform.
• "Client": Any corporate entity, property manager, surveying firm, agricultural enterprise, public agency, or individual posting a project or aerial RFP on the Platform.
• "Operator" or "Pilot": Any remote pilot, aerial survey contractor, or unmanned aircraft system (UAS) operator offering, bidding on, or executing aerial missions via the Platform.
• "Mission / Assignment": The specific drone flight, photogrammetric mapping, LiDAR scan, industrial inspection, agricultural spraying, or videographic task agreed upon between Client and Operator.
• "Deliverables": The digital data, orthomosaics, raw sensor captures, 3D point clouds, inspection reports, or videos resulting from a Mission.

2. MARKETPLACE MODEL & SEPARATION OF LIABILITIES

2.1 Pure Technology Intermediary

DRONEPILOT OPERATES STRICTLY AS AN ONLINE INFORMATION, COMMUNICATIONS, AND ESCROW CLEARING MARKETPLACE.

1. DronePilot is not an air operator, remote pilot contractor, aviation insurer, employer, staffing agency, or licensed land surveying firm.
2. The legal contract for physical aerial operations and deliverables is formed directly and exclusively between the Client and the Operator (the "Service Contract").
3. DronePilot exercises no physical command, technical control, mission directing, or flight-path dispatch over any unmanned aircraft during mobilization or execution.

2.2 Disclaimer of Employment & Agency

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by this Agreement. Operators are independent commercial contractors who maintain complete autonomy over their operational methodologies, flight equipment, and pilot crew.

3. REGULATORY COMPLIANCE, PERMITS, AND AIRSPACE WARRANTIES

3.1 CAAM Regulatory Compliance (CAD 601)

Commercial UAS flights in Malaysian airspace are strictly governed by the Civil Aviation Authority of Malaysia (CAAM).

1. Operator Representation & Warranties: The Operator explicitly covenants, warrants, and guarantees that:

• It possesses an active, valid CAAM Remote Pilot Certificate of Competency (RCoC-B) or Unmanned Aircraft System Operator Certificate (UASOC) where required by class and payload weight;
• It maintains a current, valid Aviation Third-Party Liability Insurance Policy meeting statutory minimum limits covering bodily injury and property damage for every deployed airframe;
• Every pilot dispatched to an assignment is legally certified and physically/mentally fit to execute the operation.

1. Client Warranties: The Client covenants that it holds lawful authority, land title, or verified owner consent to authorize aerial surveillance, photography, or data acquisition over the designated parcel coordinates.

3.2 Automated Airspace Guidance Disclaimer

The Platform provides automated airspace risk-scoring (e.g., flagging Class C controlled airspace, aerodrome buffers, military bases, or istana grounds). THIS TOOL IS PURELY ADVISORY AND INFORMATIONAL. DronePilot does not guarantee the real-time accuracy of airspace boundaries, temporary restricted areas (NOTAMs), or security flight restrictions. The Operator retains the non-delegable legal obligation as Pilot-in-Command (PIC) to confirm airspace authorizations, submit CAAM Authorisation to Fly (ATF) applications within statutory lead times (minimum 14 working days), and obtain air traffic control clearances.

3.3 JUPEM APK & Spatial Data Security Clearances

1. Capturing aerial photography or topographical/spatial mapping data in Malaysia may require an Akuan Penerimaan Kerja (APK) issued by the Department of Survey and Mapping Malaysia (JUPEM) and security screening from the Chief Government Security Office (CGSO).
2. The transacting parties must establish in their project proposal whether the Client or the Operator is contractually tasked with submitting the JUPEM APK application.
3. DronePilot disclaims all liability for work stoppages, equipment confiscation, criminal investigations, or administrative penalties resulting from an assignment flown without required JUPEM, CGSO, or PDRM clearances.

4. ESCROW SYSTEM, FEES, AND MILESTONE RELEASES

4.1 Upfront Escrow Funding

To protect both parties, DronePilot incorporates a milestone-governed escrow architecture:

1. Upon bid acceptance, the Client must fund 100% of the agreed project fee into the Platform’s designated escrow holding facility via Malaysian online banking (FPX) or authorized clearing partners.
2. Operators must never mobilize to a site or commence flight operations until the Platform formally issues an automated "Escrow Secured" confirmation. Any work carried out prior to verified escrow funding is undertaken entirely at the Operator's own risk.

4.2 Release of Milestone Funds

1. Funds held in escrow are disbursed to the Operator strictly upon:

• Explicit approval and sign-off by the Client on the deliverable via the Platform interface; or
• Automated release after the expiration of the defined Inspection Review Window (standard: five (5) business days following upload of completed deliverables), provided no formal defect notice or dispute has been registered.

1. Partial-milestone projects (e.g., Milestone 1: Mobilization/Permit Proof; Milestone 2: Raw Data Capture; Milestone 3: Orthomosaic Delivery) are released incrementally upon verification of each predefined stage.

4.3 Platform Commission & Processing Fees

DronePilot deducts an administrative service fee (expressed as a percentage of the total gross contract value, as published on the Platform fee schedule at the time of job posting) directly from the escrow payout before transferring the net sum to the Operator. Payment gateway charges, FPX network fees, and applicable statutory taxes (such as Sales and Service Tax - SST) will be itemized on the commercial settlement invoice.

5. USER CONDUCT, SAFETY, AND ABSOLUTE PROHIBITIONS

Users agree never to utilize the Platform to solicit, coordinate, or execute missions involving:

1. Unlawful Surveillance & Criminal Trespass: Flying over private property, high-security penal facilities, embassies, state government residences, or critical defense infrastructure without documented statutory authorization;
2. Hazardous & Prohibited Payloads: Carrying, dropping, or dispensing unauthorized hazardous materials, incendiary devices, illegal contraband, or uncertified agricultural chemicals;
3. Manned Aircraft Interference: Operating within active runway approaches, flight paths, or prohibited military corridors in breach of CAAM CAD 601;
4. Circumvention of Escrow: Soliciting, proposing, or accepting direct payments outside the Platform to bypass service fees. Any attempt to circumvent escrow constitutes grounds for immediate, permanent account termination and liquidated damages equal to the maximum service fee payable on the project.

6. INTELLECTUAL PROPERTY & DATA RIGHTS

6.1 Platform Assets

All trademarks, software architecture, UI layouts, algorithms, polygon-scoring tools, and text content on `dronepilot.my` remain the exclusive intellectual property of DronePilot.

6.2 Ownership of Mission Deliverables

1. Upon Full Escrow Release: Subject to full financial settlement, the Operator grants, assigns, or licenses to the Client the agreed intellectual property rights (including copyright in raw imagery, processed GeoTIFFs, 3D meshes, and inspection PDFs) in accordance with the specific parameters established in the project quote.
2. Platform Portfolio License: Unless the Client explicitly flags an assignment as confidential, proprietary, or covered by an NDA during the job post, the Operator and DronePilot reserve the non-exclusive, royalty-free, worldwide right to display anonymized, non-sensitive sample images, orthomosaic snapshots, or case summaries strictly for portfolio, marketing, and analytical benchmarking purposes.

7. DISPUTE RESOLUTION, ESCROW HOLDS, AND ARBITRATION

7.1 Internal Mediation Period

If a Client rejects a deliverable as non-compliant with technical specifications (e.g., unacceptable Ground Sampling Distance [GSD], incomplete site coverage, thermal camera blur), the parties agree to enter an informal dispute resolution window of ten (10) calendar days within the Platform messaging channel. The escrowed funds will remain locked.

7.2 Administrative Adjudication

If the parties fail to reach a mutual settlement, either party may escalate the dispute to DronePilot.

1. DronePilot’s technical compliance desk may review the uploaded flight parameters, project brief, raw deliverables, and metadata.
2. DronePilot may, in its reasonable administrative discretion:

• Order a partial refund to the Client and partial compensation to the Operator for mobilization expenses;
• Release the full funds to the Operator if the deliverables meet the stated brief; or
• Refund the Client in full if the Operator failed to mobilize or produced unusable, non-compliant data.

1. DronePilot’s administrative determination is purely an escrow-clearing decision and does not prejudice either party's rights to initiate formal legal arbitration.

7.3 Binding Arbitration Clause

Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation or breach, that cannot be resolved administratively shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (AIAC) in Kuala Lumpur, Malaysia, in accordance with the AIAC Arbitration Rules in force at the time of commencement.

• The tribunal shall consist of one (1) arbitrator.
• The seat of arbitration shall be Kuala Lumpur, Malaysia.
• The language of proceedings shall be English.

8. INDEMNIFICATION & ALLOCATION OF RISK

8.1 Mutual Indemnification by Users

You agree to defend, indemnify, and hold harmless DronePilot, its parent corporate entities, directors, officers, employees, and agents from and against all third-party liabilities, claims, damages, judgments, penalties, regulatory fines, and legal costs (calculated on a full solicitor-client basis) arising out of or related to:

1. Any physical damage to real property, crop destruction, livestock injury, structural collapse, or personal bodily injury (including fatal injuries) caused by an Operator’s airframe, payloads, batteries, or flight activities;
2. Any mid-air collision, air traffic hazard, or airspace intrusion resulting from flight operations tied to an assignment;
3. Any prosecution or regulatory investigation conducted by CAAM, JUPEM, CGSO, PDRM, or MCMC due to absent permits, illegal frequencies, or unauthorized mapping;
4. Infringement of third-party privacy, nuisance torts, or trespass suits brought by private property owners beneath or adjacent to the flight area polygon;
5. Any breach by you of these Terms or the representations and warranties set forth herein.

9. ABSOLUTE LIMITATION OF LIABILITY

9.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MALAYSIAN LAW, UNDER NO CIRCUMSTANCES SHALL DRONEPILOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF CONTRACTS, DELAYS TO CONSTRUCTION SCHEDULES, CROP FAILURE, REGULATORY SEIZURE OF EQUIPMENT, OR REPUTATIONAL DAMAGE.

9.2 Financial Liability Cap

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DRONEPILOT’S AGGREGATE, CUMULATIVE LIABILITY TO ANY USER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE PLATFORM (WHETHER IN CONTRACT, TORT, STATUTE, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) SHALL BE STRICTLY LIMITED TO THE LESSER OF:

1. THE TOTAL SERVICE COMMISSION FEES RETAINED BY DRONEPILOT FROM THE SPECIFIC MISSION GIVING RISE TO THE CLAIM; OR
2. THE SUM OF RINGGIT MALAYSIA ONE THOUSAND (RM 1,000.00).

10. SUSPENSION, TERMINATION, AND ACCOUNT CANCELLATION

10.1 Ground for Immediate Account Termination

DronePilot reserves the absolute right to suspend, freeze, or permanently terminate any User account without prior notice if:

• The Operator's CAAM RCoC-B, UASOC, or aviation insurance policy is found to be forged, revoked, suspended, or expired;
• The User attempts to solicit or conduct payments outside the escrow pipeline;
• The User is flagged for suspicious financial activity under AMLA screening;
• An Operator operates in an unsafe, reckless manner that generates immediate aviation or public hazards.

10.2 Survival

Sections 2, 3, 6, 7, 8, 9, 11, and 12 shall survive any expiration, termination, or cancellation of this Agreement or your user account.

11. GOVERNING LAW & JURISDICTIONAL PREROGATIVES

This Agreement shall be governed by, construed, and enforced in accordance with the substantive laws of Malaysia, without regard to conflict of law principles. Subject to the arbitration agreement in Section 7, the parties submit to the exclusive jurisdiction of the Courts of Malaysia sitting in Kuala Lumpur.

12. MISCELLANEOUS & SEVERABILITY

1. Severability: If any provision of this Agreement is held to be invalid, void, or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
2. Waiver: No failure or delay by DronePilot in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof.
3. Force Majeure: Neither party nor DronePilot shall be held liable for delays or mission cancellations caused by Acts of God, adverse weather conditions incompatible with safe drone flight (e.g., sustained high winds, monsoons, severe precipitation), unexpected GPS solar interference/KP-index spikes, civil unrest, or sudden emergency military airspace closures.
4. Entire Agreement: This Agreement, together with the Privacy Policy and project-specific escrow milestones, constitutes the entire legal agreement between you and DronePilot regarding your use of the Platform.

13. FORMAL LEGAL NOTICES & INQUIRIES

All formal legal notices, dispute declarations, or regulatory communications must be served in writing via registered post or direct email to:

• Attention: Legal & Regulatory Affairs Department
• Entity: DronePilot Malaysia
• Jurisdiction: Petaling Jaya, Selangor Darul Ehsan, Malaysia
• Electronic Transmission: `support@dronepilot.my`