AerialModel Terms and Policies

Optional Dataset Commercialization License and Notice of Service Difference

License version: 2026-09-16

This version adds contributor indemnification, clearer licensing authority, further sublicensing, and confidential rights-verification terms. It applies only to new project-specific acceptances. Previously accepted projects keep their original terms and evidence. Read version 2026-09-12, version 2026-09-08 or version 2026-09-02.

This section is a binding, project-specific supplement to the AerialModel Terms and Policies. It applies only when an authenticated user selects the Upload-screen option, checks the separate full-license confirmation, types their legal name, and selects the final confirmation before the first upload begins. Neither box is preselected. The choice is saved before upload URLs are issued and cannot be added or switched for that project after uploading starts. Preview and processing use that saved choice without asking for another license acceptance. By completing both confirmations and signing, you represent that you have read and agree to this section and the related privacy disclosures. You retain ownership of rights you hold in the project; this section grants Avenian LLC, doing business as AerialModel, a broad license.

“Contributor,” “you,” and “your” mean the individual signing for themselves or the legal organization identified in the authorization receipt when its authorized representative signs for it. The person signing must be at least 18 and have legal capacity and authority to enter this agreement. Signing for an organization does not, by itself, make its representative a personal guarantor of that organization's obligations; the representative still certifies their own authority and remains subject to applicable law concerning fraud or misrepresentation.

1. Additional Processing Capacity

In exchange for the license below, an eligible project may use up to four times the account's ordinary selected-photo allowance, subject to the fixed system maximum of 1,500 selected photos for a 3D model and 6,000 selected photos for an orthomosaic. The exact standard and licensed limits are displayed before upload and before processing. When an account's ordinary plan already reaches the applicable hard cap, no additional capacity is available and AerialModel does not request a new license through this program.

2. Licensed Project Data

“Licensed Project Data” means the following material associated with the opted-in project:

• uploaded source photographs and other versions prepared for processing, together with EXIF, XMP, camera, capture-time, GPS/GNSS, altitude, orientation, flight, geolocation, and related technical metadata;
• project outputs and intermediate reconstruction information, including orthomosaics, GeoTIFFs, tiles, previews, DSMs, DTMs and other elevation products, LAS/LAZ and other point clouds, meshes, OBJ/MTL files, textures, camera poses, calibration information, and 2D or 3D reconstruction data;
• AerialAlign-created corrections, transforms, corrected coordinates, accuracy or confidence information, and related project-specific positioning data that Avenian is legally and contractually permitted to distribute; and
• annotations, labels, redactions, crops, samples, conversions, augmentations, combinations, extracts, and other derivatives made from the foregoing material.

Licensed Project Data does not include the user's account email, authentication credentials, payment-card information, billing records, support communications, or AerialModel's internal consent audit record as content delivered to dataset customers. Avenian may replace project names and account-linked identifiers with internal dataset identifiers. Third-party reference imagery, maps, or source data that Avenian is not authorized to redistribute are excluded, even when they were used to align, validate, or process a project.

3. License Grant and Commercial Uses

You grant Avenian LLC and its successors and assigns a non-exclusive, worldwide, perpetual, transferable, sublicensable, fully paid-up, and royalty-free license, irrevocable after processing begins to the fullest extent permitted by law, to exercise all rights you can lawfully license in Licensed Project Data, including the right to:

• host, retain, cache, reproduce, process, inspect, validate, correct, georeference, modify, adapt, convert, compress, tile, crop, sample, annotate, label, redact, de-identify, augment, combine, and create derivative works and datasets;
• display, publish, transmit, make available, distribute, export, deliver, license, sublicense, sell, resell, and otherwise commercialize Licensed Project Data and derivatives, alone or combined with other data, through AerialDataset.com or any other current or future website, marketplace, repository, API, data feed, product, service, or delivery method; and
• use and permit others to use Licensed Project Data for AI and machine-learning training, fine-tuning, retrieval, testing, benchmarking, validation, and evaluation; computer vision; remote sensing; mapping; geospatial and location analysis; photogrammetry; 2D and 3D reconstruction; Gaussian splatting and neural rendering; simulation; robotics and autonomy; research; education; product development; and any other lawful commercial or noncommercial purpose.

Avenian may exercise these rights itself and through affiliates, contractors, processors, researchers, customers, dataset licensees, sublicensees, resellers, distributors, successors, and assigns. Licensed Project Data will not be treated as confidential with respect to uses and disclosures authorized by this license, so you must not opt in material that you or another person expects Avenian to keep confidential. Avenian may set prices and downstream terms and owes no attribution, royalty, revenue share, transaction notice, accounting, approval right, or additional payment. Avenian is not required to retain, publish, license, or sell any project.

Further sublicensing. Avenian may authorize distributors, marketplaces, and other licensing intermediaries to grant further sublicenses through multiple tiers to their customers. Authorized recipients may permit their affiliates, contractors, and technical service providers to process the data as needed for the permitted uses under appropriate written confidentiality, security, and use restrictions. No sublicense conveys rights broader than those lawfully granted here or overrides mandatory law. This is a non-exclusive license; Contributor retains the rights it holds and may continue using and licensing its material.

4. When the License Becomes Irrevocable

Before uploading starts, you may leave the option unchecked and use the ordinary plan allowance. After uploading starts but before processing begins, you may withdraw by deleting the unprocessed draft. To proceed without this license, start a new standard project within the ordinary allowance. Starting processing for a project whose Upload-screen choice included this license activates that saved choice; it is not a second license acceptance and does not change the recorded acceptance time. At that point the copyright and content license becomes perpetual and irrevocable to the fullest extent permitted by law because the increased processing capacity has been provided and Avenian may rely on the license when preparing or licensing data.

Making the project private, canceling a subscription, deleting the user-facing project, or closing the account does not revoke that license or require recall of copies or derivatives already retained, prepared, transferred, or sublicensed, except to the extent applicable law requires otherwise. Nonwaivable privacy, consumer-protection, and data-subject rights are not waived by this section.

Authorized AI outputs. Subject to applicable law, authorized recipients may continue using and commercializing trained models, model parameters, embeddings, analytics, and other outputs lawfully created under these rights. Account closure, subscription cancellation, a change in project visibility, or removal of operational files does not by itself impose a contractual obligation to retrain or roll back a model. This provision does not excuse unauthorized use or override a binding legal order, mandatory privacy or consumer rights, or any applicable statutory right to terminate a copyright grant.

5. Your Representations and Responsibilities

By opting in, you represent and warrant that:

• the signer and any represented organization are accurately identified in the authorization receipt, and the signer has authority to bind Contributor to this license;
• you own or control all copyright, database, contract, client, privacy, publicity, property-access, and other rights and permissions necessary for the licensed capture, upload, processing, retention, disclosure, sale, and sublicensing;
• where an employer, client, photographer, subcontractor, or other rights holder controls necessary rights, you have obtained authority covering commercial dataset distribution, further sublicensing through intermediaries, and the permitted AI uses, not merely permission to capture, upload, process, or deliver a project;
• no additional permission or payment by Avenian or its authorized recipients is required to exercise the rights granted here; you remain responsible for fees or royalties you owe to your own contributors or rights holders;
• the capture and collection were lawful, and the licensed uses do not violate a contract, nondisclosure agreement, employment or agency duty, client restriction, third-party source-data license, intellectual-property right, privacy or publicity right, export-control rule, court order, regulation, or law;
• you have provided legally required notices and obtained legally required consents, releases, permits, and authorizations for identifiable people, private property, precise locations, and personal or sensitive information in the project; and
• you will not opt in classified material, export-controlled technical data, unlawfully captured imagery, credentials, medical or financial records, biometric identifiers, intimate imagery, data primarily concerning children, confidential critical-infrastructure details, or other material whose commercialization would be unlawful or create an unreasonable safety risk.

AerialModel may reject, quarantine, redact, restrict, remove, or decline to commercialize a project for legal, privacy, security, quality, contractual, ethical, or safety reasons. You agree to cooperate with reasonable provenance and rights inquiries and remain responsible for a breach of these representations, subject to applicable law.

Supporting records and notice. Retain reasonably available evidence of ownership, licensing authority, and legally required permissions for as long as reasonably necessary to substantiate the grant and address related claims, subject to applicable privacy and retention requirements. On reasonable request, identify the relevant rights holder and provide supporting authorization, with unrelated confidential or personal information redacted where appropriate. Promptly notify Avenian of any ownership dispute, rights complaint, undisclosed restriction, or material inaccuracy affecting the project. Do not knowingly misstate its source, capture date, location, positioning method, or accuracy. Identify unknown or estimated information as such. Disclosure of a restriction is not approval to include affected material; obtain Avenian's express written approval first.

5A. Contributor Indemnification

You may be responsible for defense costs and covered third-party losses caused by a breach of your rights assurances. To the extent permitted by applicable law, Contributor will defend Avenian LLC against third-party claims alleging facts that, if established, would constitute a breach of Contributor's representations in Section 5 concerning ownership, licensing authority, lawful collection, or required permissions, or Contributor's fraud or willful misconduct in providing the Licensed Project Data. Contributor will indemnify Avenian for reasonable defense costs, damages finally awarded, and settlements approved under Section 5B, to the extent attributable to such a breach, fraud, or willful misconduct.

Covered losses include reasonable amounts Avenian is legally obligated to pay an authorized distributor or customer under a written indemnification agreement because of the same covered third-party claim. This does not include additional liability arising solely because Avenian promised rights, uses, warranties, or responsibilities beyond those supported by this contributor license. Neither Avenian nor another recipient may obtain duplicate recovery for the same loss.

Contributor has no obligation to the extent a claim results from Avenian's or another recipient's negligence, willful misconduct, security failure, independent misrepresentation, or use outside the granted rights, or from recipient modifications or combinations that cause an otherwise noninfringing contribution to infringe. Lawful modifications or combinations do not excuse a pre-existing defect in Contributor's rights. These provisions do not require indemnification where prohibited by mandatory consumer-protection or other applicable law.

5B. Handling Covered Claims

Avenian will promptly give Contributor written notice of a covered claim using the contact information in its authorization record. Delay reduces an obligation only to the extent it materially prejudices the defense. Contributor may control the defense with qualified counsel reasonably acceptable to Avenian and must diligently defend the claim. Avenian will reasonably cooperate at Contributor's reasonable expense and may participate with its own counsel at its own expense, except where a material conflict of interest reasonably requires separate counsel for the covered defense.

Contributor may not settle a claim without Avenian's prior written consent if the settlement admits fault, imposes a nonmonetary obligation or unreimbursed payment on Avenian or a covered recipient, or fails to provide a full release of the covered claim. Consent will not be unreasonably withheld. If Contributor fails to assume and diligently conduct the defense after reasonable written notice and an opportunity to do so, Avenian may defend the claim and recover reasonable covered costs. Avenian will seek Contributor's consent before a covered settlement; consent must not be unreasonably withheld or delayed. No obligation is created for an unapproved settlement unless applicable law otherwise permits recovery. Each party must reasonably mitigate covered loss.

6. Visibility and Internal Authorization Record

Opting in does not change whether the project appears in AerialModel's public listings and does not add a public dataset-permission badge or label. That visibility setting does not restrict the separate dataset license: Licensed Project Data from an opted-in private or public project may be delivered, licensed, published or sold as authorized above. AerialModel keeps a private authorization receipt containing the authenticated account ID and email, email-verification status, typed signer name, signing capacity and organization (where applicable), both confirmations, the exact license and disclosure text, their checksums, server-recorded UTC acceptance time, IP address, browser information, and acceptance source. The receipt is electronically signed by the service for integrity verification. These records are not included in public previews or ordinary customer downloads. A future AerialDataset process may query those internal fields and eligible completion status so that only authorized projects enter its workflow.

Confidential rights verification. For projects accepting this version, Avenian may disclose the minimum reasonably necessary information from authorization records and supporting rights documents to prospective or actual licensing counterparties, professional advisers, insurers, or auditors for confidential rights verification, dispute resolution, or legal compliance. Such disclosures require an applicable lawful basis and appropriate confidentiality, security, retention, and use restrictions. Avenian will use a verification statement or redacted record where reasonably sufficient. These records are not sold or licensed as training data, included in public samples, or provided in ordinary dataset downloads. Earlier records remain subject to the permissions and privacy commitments applicable when collected; this version does not retroactively expand their disclosure permissions.

7. Notice of Financial Incentive or Price/Service Difference

Where applicable privacy law treats the additional capacity as a financial incentive or price or service difference, the material benefit is the additional project capacity stated above. Participation is voluntary and project-specific. You may decline on the Upload screen and continue using the ordinary allowance. Before uploading starts, you may uncheck the option. After uploading starts and before processing begins, you may withdraw by deleting the unprocessed draft; you may then create a new standard project without the optional license.

Avenian's good-faith valuation method compares the incremental compute, storage, bandwidth, support, and operational cost of the added capacity with the expected value of lawfully licensed data. Expected data value is assessed using anticipated licensing revenue, uniqueness, geographic and temporal coverage, modalities and outputs, technical quality, accuracy, rights clearance, preparation cost, and the cost of acquiring comparable data. Project value may be low or zero. For program design, Avenian treats the license's expected value as reasonably related to the incremental service capacity offered. Any nonwaivable right to withdraw from a regulated incentive program or opt out of a legally defined sale or sharing remains available to the extent required by applicable law.

8. Priority, Severability, and Contact

This optional license is separate from the limited public-display license. For a project that affirmatively joins this program, this section controls any conflict concerning retention, dataset preparation, commercialization, sale, sublicensing, contributor representations, or the covered indemnification obligations. No fee-based limitation of Contributor's liability elsewhere in the ordinary service terms limits Sections 5A and 5B unless a separate written agreement signed by Avenian expressly identifies and limits those sections. This does not displace mandatory legal protections. Sections 5A, 5B, and the reasonably necessary rights-verification and record obligations survive termination or account deletion for claims arising from the licensed contribution, subject to applicable law. Distributors and customers are not independent third-party beneficiaries of Contributor's indemnity; Avenian alone may enforce it for covered losses. If a provision cannot be enforced as written, it will be enforced to the maximum lawful extent and the remaining provisions continue in effect.

Questions, rights requests, or notices concerning this program may be sent to support@aerialmodel.com. Rights in drone imagery and derived geospatial data depend on the capture, client agreements, people and property depicted, third-party source licenses, and applicable law.

Electronic signature and storage notice

By typing your legal name and selecting the final confirmation, you intend to sign this project-specific license electronically. If you act for an organization, you confirm authority to bind it. You may download your authorization receipt from your account. We retain the receipt to establish and defend the licensed rights, including after operational photo copies are removed, subject to applicable law. Access and any limited confidential verification disclosure are governed by Section 6 and the applicable privacy notice; the receipt is not sold as training data.

Processing photo copies expire 14 days after the project's first successful completion. Physical deletion may be delayed while an active processing, delivery, or paid-rendering job finishes, or while a storage or retention failure is resolved; this does not extend reprocessing access. Reprocessing is unavailable after that deadline or after the original photos are released to the dataset catalog or rejected. Completed model outputs are unaffected. Licensed originals may be moved to a separate archive and their source copies deleted after verified transfer, or deleted if rejected. Removal of an operational copy does not undo a license already finalized by processing.