THRASHAWK MOBILE APPLICATION TERMS OF SERVICE AND END USER LICENSE AGREEMENT
IMPORTANT NOTICE: THIS TERMS OF SERVICE AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND AN ABSOLUTE RELEASE OF LIABILITY FOR PHYSICAL INJURY, PROPERTY DAMAGE, AND MISIDENTIFICATION OF HAZARDOUS MATERIALS. PLEASE READ IT CAREFULLY BEFORE DOWNLOADING OR USING THE APP.
Welcome to Thrashawk. This Mobile Application Terms of Service and End User License Agreement ("Agreement") forms a legally binding contract between you individually ("User", "you", or "your") and Thrashawk LLC, a Colorado limited liability company based in Highlands Ranch, Colorado ("Thrashawk", "we", "us", or "our").
By downloading, installing, accessing, or using the Thrashawk mobile application (the "App"), you explicitly represent that you have read, understood, and agree to be bound by all terms contained herein. If you do not agree, you are strictly prohibited from downloading or using the App.
1. USER ELIGIBILITY AND CLASSIFICATIONS
The App serves as a deployment and data-visualization tool linking drone-mapped environmental analysis to ground teams. By creating an account, you represent that you fall into one of the following authorized user categories:
Client Employee: You are an employee, staff member, or internal agent of an organization or entity (an "End Client") that has contracted with an independent drone operator to map a designated geographic area.
Third-Party Vendor: You are an independent contractor, service provider, or company hired directly by an End Client to perform maintenance, environmental remediation, or trash collection.
Community Volunteer: You are an autonomous individual acting purely out of civic goodwill to assist in community litter collection. Volunteers explicitly acknowledge that they are not employees, independent contractors, or agents of Thrashawk LLC or the local End Client. You receive no monetary compensation, insurance, or benefits from Thrashawk, and you act entirely at your own financial and physical risk.
2. CORE APP FUNCTIONALITY AND INTENDED USE
The App functions exclusively as an informational coordination portal. Its operational mechanics are limited to the following:
Geographic Visualizations: Users may view digital maps of local public or authorized private spaces (e.g., beaches, parks, roads, waterways, HOAs, golf courses) that have been scanned by independent drone operators utilizing Thrashawk's backend AI platform.
Litter Proximity Mapping: The App displays digital markers denoting items of litter, debris, or trash. The App utilizes your mobile device’s native global positioning system (GPS) to plot your coordinates relative to the detected trash items.
Coordinate-Based Deletion Loop: When the App calculates that your device’s GPS coordinates match the physical coordinates of a recorded trash item, you may select the item on your screen to mark it as "Picked Up." Once selected, the item will disappear from the map interface, and the Key Performance Indicators (KPIs) for that map sector will update automatically.
KPI Tracking: Users may view aggregate environmental statistics and individual user pickup metrics within their active profile region.
3. THE RECENT DATA AND ACCURACY SAFE-HARBOR DISCLAIMER
You explicitly acknowledge and accept that the information, marker placement, and data provided within the App are subject to extensive variables and margins of error:
Temporal Delays (Recency): Map data is only as accurate as the date and time of the last successful drone flight processed through the platform. Thrashawk does not provide real-time or continuous live tracking of physical debris. Environmental factors (e.g., wind drift, water currents, tides, animal activity, or third-party human relocation) may mean an item has moved or is no longer present.
Classification and Labeling Errors: Debris markers are generated by artificial intelligence models and reviewed by independent drone operators before being published. Thrashawk provides no warranty or guarantee regarding the precision, accuracy, or thoroughness of object classification. Items may be missing, omitted, or mislabeled entirely.
4. ABSOLUTE WAIVER REGARDING MISLABELED HAZARDOUS MATERIALS
The platform allows operators to categorize litter items into distinct tiers, including designations such as "Safe for Public/Volunteer Pickup" or "Restricted to Client/Professional Personnel Only" (e.g., in cases where an item is suspected of being toxic, biohazardous, sharp, or structurally dangerous).
YOU AGREE AND ACKNOWLEDGE THAT ABSOLUTE RELIANCE ON THESE CODES IS STRICTLY AT YOUR OWN RISK.
Thrashawk LLC, its developers, and affiliates explicitly disclaim any liability for consequences resulting from the mislabeling or misclassification of items.
An item marked as safe for public pickup may, in reality, be toxic, infected, sharp, chemically volatile, or otherwise hazardous. You are solely responsible for exercising personal discretion and visual verification before approaching, handling, or attempting to clean any physical item. If you encounter an item that appears dangerous, you must immediately abandon cleanup and notify local authorities.
5. PHYSICAL FIELD SAFETY AND TORT LIABILITY WAIVER
The act of navigating the physical environment while looking at a mobile screen presents inherent dangers. Thrashawk LLC assumes zero liability for your physical safety.
Environmental Awareness: You agree to maintain total situational awareness of your physical surroundings at all times. You are strictly prohibited from looking at or interacting with the App while actively walking, running, driving, operating equipment, or navigating hazards.
Inherent Risks: You explicitly assume all risks associated with your physical field activities, including but not limited to: slips, trips, and falls; traffic accidents or impacts from moving motor vehicles; drowning or water-related injuries near waterways; wildlife encounters, insect bites, or animal attacks; weather-related illnesses (heatstroke, hypothermia, dehydration); and puncture wounds, chemical burns, or infections from handling physical debris.
Release of Liability: You hereby release, waive, acquit, and forever discharge Thrashawk LLC, its officers, members, employees, and software engineers from any and all claims, demands, damages, actions, or causes of action arising out of any physical injury, illness, medical condition, or death suffered by you while executing activities related to the use of the App.
6. NO INTELLECTUAL PROPERTY OR LICENSE TO TRESPASS
No Property Rights Granted: The App is an information-sharing infrastructure. Downloading or utilizing the App does not grant you any legal right of entry, license, easement, or permission to access restricted, public, or private land.
Trespass Forbidden: You are solely responsible for ensuring that any area you enter to inspect or collect litter is legally accessible. You must comply with all local zoning ordinances, private property boundaries, HOA rules, and park closures. You assume 100% of all civil and criminal liabilities resulting from unlawful entry or trespassing.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
"As-Is" Service: The App is provided to you on an "AS IS" and "AS AVAILABLE" basis. Thrashawk LLC makes no representations or warranties of any kind, express or implied, regarding the functionality, system uptime, battery consumption, network data usage, or error-free operation of the application.
Limitation of Damages: To the maximum extent permitted by applicable law, Thrashawk LLC shall never be liable for any indirect, incidental, special, exemplary, or consequential damages, including but not limited to mobile device damage, loss of data, loss of business goodwill, or software downtime, even if previously advised of the possibility of such issues.
8. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Thrashawk LLC, its parent companies, subsidiaries, and members from and against any third-party claims, liabilities, losses, damages, fines, penalties, costs, or legal expenses (including reasonable attorneys' fees) resulting from or arising out of: (i) your misuse of the App; (ii) your violation of any federal, state, or local law, ordinance, or regulation; (iii) any property damage or personal injury caused by your physical conduct in the field; or (iv) your breach of any provision within this Agreement.
9. AT-WILL TERMINATION OF SERVICE
Thrashawk LLC reserves the absolute right, in its sole and unreviewable discretion, to terminate, suspend, restrict, or wipe your account profile, access privileges, or historical data at any time, for any reason or no reason, without prior notice or liability. You may discontinue your use of the App at any time by deleting the application from your mobile device.
10. GOVERNING LAW, JURISDICTION, AND VENUE
This Agreement, your access to the App, and all legal disputes arising out of or related to your use of Thrashawk systems shall be governed by, interpreted under, and construed in accordance with the laws of the State of Colorado, without giving effect to any conflict of laws principles. Any legal action, lawsuit, arbitration, or judicial proceeding permitted under this agreement shall be brought exclusively in the state or federal courts located within Douglas County, Colorado. You explicitly consent to the personal jurisdiction and venue of these courts.
11. ACKNOWLEDGMENT AND ACCEPTANCE
BY CLICKING "I ACCEPT," CREATING AN ACCOUNT, OR IN ANY WAY INSTALLING AND USING THE THRASHAWK APPLICATION, YOU ACKNOWLEDGE THAT YOU ARE ENTERING INTO A BINDING CONTRACT, THAT YOU HAVE READ ALL PRECEDING PARAGRAPHS, UNDERSTAND THE EXPLICIT RISKS OF PHYSICAL FIELD USE AND DATA INACCURACY, AND AGREE TO WAIVE SUBSTANTIAL LEGAL RIGHTS.
Questions? Email mflorez@trashawk.com.
