Terms of Service

Last Updated: April 9, 2025

These Terms of Service ("Terms") constitute a legally binding agreement between you and Gerra Group. ("Gerra," "we," "us," or "our") governing your access to and use of the Gerra application and website (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICE. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SERVICE.

1. ELIGIBILITY

You must be at least 18 years of age to create an account on Gerra and use the Service. By creating an account and using the Service, you represent and warrant that:

  • You are at least 18 years old;
  • You can form a legally binding contract with Gerra;
  • You are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction;
  • You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations; and
  • You have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal, or local sex offender registry.

2. YOUR ACCOUNT

In order to use Gerra, you may be required to create an account ("Account") and provide certain information about yourself. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use a "strong" password (a password that uses a combination of uppercase and lowercase letters, numbers, and symbols) with your account. You must treat such information as confidential. You agree not to disclose your password to any third party.

You agree that you will not:

  • Create an account for anyone other than yourself;
  • Create more than one account;
  • Create another account if we have terminated your account;
  • Buy, sell, rent, or lease access to your account or username; or
  • Share your account with anyone else.

You are solely responsible for all activity that occurs under your Account. You agree to notify Gerra immediately of any unauthorized use of your Account or any other breach of security. Gerra will not be liable for any losses caused by any unauthorized use of your Account.

3. CONTENT

3.1 User Content

You are solely responsible for the content, information, and other materials that you post, upload, publish, share, or display on or through the Service, or transmit to or share with other users ("User Content"). You understand that User Content may be viewable by other users of the Service and through third-party websites.

By posting User Content on or through the Service, you grant Gerra a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and providing the Service.

3.2 Content Restrictions

You agree that you will not post, upload, publish, share, or transmit any User Content that:

  • Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Includes personal or identifying information about another person without that person's explicit consent;
  • Impersonates any person or entity, including, but not limited to, a Gerra employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  • Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party;
  • Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
  • Constitutes unauthorized or unsolicited advertising, spam, or bulk communications;
  • Is designed to solicit passwords or personal identifying information from other users; or
  • Involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes.

Gerra reserves the right, but is not obligated, to monitor or review User Content and may remove any User Content at any time for any reason, including if it determines, in its sole discretion, that such User Content violates these Terms.

4. PROHIBITED ACTIVITIES

You agree not to engage in any of the following prohibited activities:

  • Use the Service for any purpose that is illegal or prohibited by these Terms;
  • Use the Service for any harmful or nefarious purpose;
  • Use the Service in order to damage Gerra;
  • Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Service that you are not authorized to access;
  • Use the Service to harvest, collect, gather, or assemble information or data regarding other users without their consent;
  • Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
  • Attempt to deceive or defraud other users of the Service;
  • Use any automated system, including but not limited to "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Gerra servers than a human can reasonably produce in the same period of time by using a conventional online web browser;
  • Use the Service to send unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive, or false source-identifying information;
  • Attempt to reverse engineer any portion of the Service;
  • Encourage or enable any other individual to do any of the foregoing.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Service Content

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Gerra and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Gerra.

5.2 Copyright Policy

Gerra respects the intellectual property of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  • An electronic or physical signature of the copyright owner or a person authorized to act on their behalf;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Service, with enough detail that we can find it;
  • Your contact information, including your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Gerra will also terminate a user's account if the user is determined to be a repeat infringer.

6. THIRD-PARTY SERVICES

The Service may contain links to third-party websites or services that are not owned or controlled by Gerra. Gerra has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Gerra shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

7. SUBSCRIPTION AND PAYMENT

7.1 Subscription Services

Some features of the Service may require you to purchase a subscription ("Subscription"). You agree to pay all fees and charges associated with your Subscription on a timely basis and according to the terms described at the time of purchase. All Subscription fees are stated in U.S. dollars, and all payments shall be made in U.S. dollars.

7.2 Automatic Renewal

BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE Gerra TO CHARGE YOUR PAYMENT METHOD FOR THE INITIAL SUBSCRIPTION PERIOD AND FOR SUBSEQUENT RENEWALS UNTIL YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE IT. You agree that your Subscription will automatically renew at the end of each subscription period for the same length at the price you agreed to when initially subscribing, unless you cancel your Subscription through your account settings or by contacting us prior to the renewal date.

7.3 Free Trials

We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time. You may be required to enter your payment information to sign up for the free trial. If you do enter your payment information, you will not be charged until the free trial period is over. If your free trial period ends and you have not canceled your Subscription, we will begin charging your account for the Subscription on a recurring basis.

7.4 Cancellation

You may cancel your Subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period, and you will continue to have access to your Subscription until the end of that period. No refunds will be provided for any partial billing periods or unused Subscription periods.

7.5 Price Changes

Gerra reserves the right to adjust pricing for our Subscriptions or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes will take effect following notice to you.

8. DISCLAIMER

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Gerra EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Gerra MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL Gerra, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. SAFETY PROTOCOLS AND REQUIREMENTS

By using Gerra's mecha, you agree to adhere to the following safety protocols:

  • Complete all required training provided by Gerra before operating any mecha
  • Operate mecha only in environments and applications for which they are designed
  • Maintain clear safety zones around operating mecha as specified in documentation
  • Implement risk assessments and safety protocols appropriate to your specific use case
  • Never operate mecha under the influence of alcohol, drugs, or medication that may impair judgment
  • Always follow emergency stop procedures outlined in the operation manual
  • Ensure proper maintenance of all safety systems and sensors
  • Report any safety incidents, near-misses, or equipment malfunctions to Gerra immediately
  • Prevent unauthorized access to and operation of mecha

Failure to comply with these safety protocols may result in immediate termination of your lease and access to the Service, as well as potential liability for any resulting damages.

11. INSURANCE REQUIREMENTS

You agree to maintain, at your own expense, the following insurance coverage throughout the duration of your lease of any Gerra mecha:

  • Commercial General Liability insurance with limits of not less than $2,000,000 per occurrence and $5,000,000 in the aggregate
  • Product Liability insurance with limits of not less than $2,000,000 per occurrence and $5,000,000 in the aggregate
  • Workers' Compensation insurance as required by applicable law
  • Property insurance sufficient to cover the full replacement value of the leased mecha

All insurance policies must name Gerra Group as an additional insured. You agree to provide Gerra with certificates of insurance upon request. Failure to maintain adequate insurance coverage does not limit your liability under these Terms.

12. DATA PRIVACY AND SECURITY

Gerra collects operational data from all mecha to improve our services, ensure safety, and monitor compliance with these Terms. This data may include but is not limited to:

  • Location data and movement patterns
  • Operational parameters and performance metrics
  • Usage statistics and runtime hours
  • Error logs and diagnostic information
  • Video and sensor data collected during operation
  • Environmental data from the mecha's surroundings

You acknowledge and agree that Gerra owns all operational data generated by the mecha. Gerra will process this data in accordance with our Privacy Policy. You are responsible for ensuring that your use of the mecha complies with all applicable privacy laws and regulations, especially when operating in public spaces or areas where third-party data may be collected.

You agree to implement appropriate technical and organizational measures to protect the mecha against unauthorized access, including maintaining the confidentiality of any access credentials, securing physical access to the mecha, and preventing unauthorized firmware or software modifications.

13. HOLD HARMLESS AGREEMENT

YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE GERRA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, OR DEATH THAT MAY BE SUSTAINED BY YOU OR YOUR PROPERTY WHILE USING THE MECHA PROVIDED BY GERRA, WHETHER CAUSED BY THE NEGLIGENCE OF GERRA OR OTHERWISE.

YOU ACKNOWLEDGE THAT USING ROBOTIC EQUIPMENT INVOLVES INHERENT RISKS, INCLUDING BUT NOT LIMITED TO MECHANICAL FAILURES, OPERATOR ERROR, SOFTWARE MALFUNCTIONS, UNEXPECTED MOVEMENTS, AND OTHER UNFORESEEN HAZARDS THAT MAY RESULT IN PROPERTY DAMAGE, BODILY INJURY, OR DEATH. YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR THESE RISKS, WHETHER KNOWN OR UNKNOWN, AND REGARDLESS OF WHETHER CAUSED BY THE NEGLIGENCE OF GERRA.

YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS GERRA FROM ANY LOSS, LIABILITY, DAMAGE, OR COSTS IT MAY INCUR DUE TO YOUR USE OF GERRA'S MECHA, WHETHER CAUSED BY THE NEGLIGENCE OF GERRA OR OTHERWISE. THIS HOLD HARMLESS AGREEMENT IS BINDING ON YOU AND YOUR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, AND NEXT OF KIN.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Gerra, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) any damages or injuries caused by your use or operation of the mecha.

15. TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or delete your account through the account settings. Upon termination of your account or lease, you must promptly return all mecha in your possession to Gerra in good working condition, normal wear and tear excepted.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

17. ARBITRATION

Any dispute, controversy, or claim arising out of or related to these Terms, the Service, or your relationship with Gerra shall be resolved exclusively by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in San Francisco, California, unless you and Gerra both agree to a different location. The arbitration will be conducted in English. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

YOU AND Gerra AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

18. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

19. CONTACT US

If you have any questions about these Terms, please contact us at:

Email: team@gerra.com

Phone: (213) 418-1081