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Kybos (Formerly Aerial Perspectives Australia) — Terms and Conditions of Service

By engaging Kybos for services, you are bound by the following terms and conditions.

 

Part 1 — Service Terms

1. Intellectual Property & Licensing

All 3D capture data, imagery, point clouds, models, and deliverables produced by Kybos remain the exclusive intellectual property of Kybos unless otherwise agreed upon in writing. Kybos grants the client a non-exclusive licence to use the deliverables for the specified purposes outlined at the time of engagement.

 

Permitted uses with a standard licence include:

  • Internal documentation, reporting, and project reference

  • Submission to design, engineering, and planning workflows

  • Inclusion in project portfolios, proposals, and tender submissions

  • Sharing with project stakeholders, consultants, and contractors

  • Storage and archiving for asset management and compliance purposes

  • Use in presentations, annual reports, and trade show exhibits

 

Exclusions (additional pricing may apply):

  • Commercial publication in print or digital media with extensive circulation (over 300,000)

  • Resale or sublicensing of raw data or deliverables to third parties

 

2. Period of Use

The standard licence permits use of deliverables for up to one year from the date of delivery. Extended licences are available for prolonged or ongoing use — contact Kybos to arrange.

 

3. Non-Exclusive Use

Kybos reserves the right to use deliverables (including imagery and 3D data) for its own portfolio, marketing, and promotional purposes unless the client requests exclusivity in writing prior to engagement. Exclusive use arrangements require prior agreement and may attract additional fees.

 

4. Relationship of Parties

Kybos operates as an independent contractor and not as an employee or agent of the client. No agency, partnership, or joint venture is implied or intended. All deliverables produced by Kybos are contractually licensed, not transferred as work-for-hire, unless explicitly agreed in writing.

 

5. Scope of Services

Kybos provides 3D scanning, reality capture, drone photogrammetry, and associated documentation services. Kybos is not a licensed surveyor or engineer and does not produce certified survey reports or engineering sign-offs. Deliverables are provided for documentation, planning, and design reference purposes only.

 

6. Site Access & Client Responsibilities

The client is responsible for ensuring Kybos has safe and lawful access to all areas to be captured. Sites must be appropriately prepared, cleared, and staged prior to the scheduled capture. Where a client representative is not present during capture, Kybos will exercise professional judgement to document the site adequately.

 

7. Fees & Payment

All fees and expenses are due upon delivery of assets unless otherwise agreed in writing. Kybos reserves the right to withhold delivery of final files until payment is received, and to postpone or decline subsequent engagements where an account remains outstanding.

 

8. Deposit & Cancellation

Unless otherwise agreed in writing, Kybos requires a 50% deposit at the time of scheduling to confirm a booking.

 

Cancellation terms:

  • Cancellations made more than 3 calendar days before the scheduled capture: deposit refunded in full

  • Cancellations made within 5 calendar days of the scheduled capture: deposit forfeited (25% of total fee or $450, whichever is greater)

  • Cancellations with no notice: a cancellation fee of 50% of the total fee per scheduled technician may apply

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9. Limited Liability

IKybos is not responsible for any consequential or incidental damages resulting from the use of deliverables. Liability is limited to the value of the engagement. Kybos accepts no responsibility for decisions made by third parties based on the data or deliverables provided.

 

10. Sales – No Return

All product sales (including Realsee camera hardware and accessories) are final. Kybos does not accept returns or issue refunds on hardware purchases. Defective items will be assessed on a case-by-case basis in accordance with the manufacturer's warranty terms.

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