LEGAL

Thermal Sky Terms of Service

Version 1.0 · Effective 25 August 2026

  • Fixed price per Quote. Never hourly.
  • Capture only. Thermal Sky delivers image data. It does not interpret it.
  • You own the files. Use them from delivery. Copyright is assigned to you on payment.
  • Weather re-flies and capture-defect re-flies are at no charge.
  • Invoice on delivery, net 15, Canadian dollars.
  • Insured. Aviation liability insurance covers every capture. Certificate available on request.

The full terms follow. If anything above differs from the clauses below, the clauses govern.

About these Terms

These Terms govern every quote, booking and capture engagement with Thermal Sky (Part A) and use of the website thermalsky.ca (Part B).

Thermal Sky is a sole proprietorship registered in British Columbia, operated by Daniel Sabitoff, Port Moody, BC (“Thermal Sky”). “You” and “the Client” mean the business or professional that requests a quote, accepts a quote, or uses the website.

Thermal Sky contracts with businesses and professionals. These Terms are written for business clients. If Thermal Sky ever accepts an engagement from an individual for personal or household purposes, nothing in these Terms limits any right that consumer protection law does not allow to be limited.

Accepting a Quote, booking a Capture, or paying an invoice means you agree to these Terms. If a Quote or a signed agreement says something different from these Terms, the Quote or signed agreement governs for that engagement. The version of these Terms in force on the date of the Quote applies to that engagement, and a dated copy is attached to every Quote.

  • Capture: a flight or series of flights in which Thermal Sky records aerial thermal and visual images of the Site to the scope in the Quote.
  • Site: the roof, building or area named in the Quote.
  • Quote: Thermal Sky’s written price and scope for a Capture, sent by email.
  • Tier: a scope band and its fixed price, as published on thermalsky.ca and stated in the Quote.
  • Capture Window: the agreed period of 3 to 5 days within which Thermal Sky schedules the Capture.
  • Deliverables: the files Thermal Sky delivers for a Capture, as listed in the Quote. Unless the Quote says otherwise: original radiometric thermal files (R-JPEG), RGB and zoom images, a geotagged image index, a site map showing image positions, an acquisition record, and a delivery manifest listing each file with its hash value.
  • Acquisition record: a written record of the capture conditions: date, time, weather, hours since rain and sunset, wind, flight geometry, equipment, coverage achieved, any known limitation on coverage, and the number of frames withheld for privacy.
  • Thermographic preconditions: the surface and sky conditions Thermal Sky requires before it will fly a thermal Capture, such as a dry surface, a clear sky, low wind, and enough time after sunset or after rain. Thermal Sky decides whether they are met.
  • Capture defect: a failure of the Deliverables to match the scope in the Quote that is caused by Thermal Sky, such as missing coverage, unreadable files, or the wrong file format.

2.1Thermal Sky collects aerial image data. It plans the flight, flies the Site to the scope in the Quote, records radiometric thermal and visual images, and delivers the files with an acquisition record.

2.2Deliverables are data. They record apparent surface temperature and visible light as seen from the aircraft at the time of the Capture. They are not a statement about the condition of the Site.

2.3Deliverables are delivered as captured, unaltered, with their metadata intact. Frames withheld under clause 13.2 are the only exception, and the acquisition record states how many were withheld.

3.1Thermal Sky does not interpret Deliverables. It does not inspect, assess, diagnose, identify defects, report findings, give opinions on cause, or recommend repairs, testing, or any course of action. The Client’s own qualified professionals do that work.

3.2Thermal Sky is not an engineering firm and is not registered with Engineers and Geoscientists BC. Nothing Thermal Sky delivers is engineering, and no Deliverable is sealed, certified or reviewed by a professional engineer.

3.3Thermal Sky is not a licensed home inspector and does not perform home inspections within the meaning of British Columbia’s Home Inspector Licensing Regulation.

3.4Thermal Sky is not a certified thermographer and does not provide thermographic analysis, moisture surveys, energy audits, or building science services.

3.5Thermal Sky does not act as an insurance adjuster, appraiser, or expert witness, and Deliverables are not prepared for use in litigation unless a separate written agreement says so.

3.6Notes in the acquisition record, image index or file names describe capture conditions and coverage only. They are not findings about the building. Cause is not determined by aerial capture.

3.7The Client is solely responsible for how Deliverables are interpreted and for every decision made from them, and for making sure that anyone it gives the Deliverables to understands clause 2.2 and this clause.

3.8Notice on Deliverables. Every acquisition record and image index carries this notice, without branding on white-label engagements:

“These files are aerial image data captured on the date stated. They record apparent surface temperature and visible light at the time of capture. They contain no inspection, diagnosis, finding, or recommendation. Interpretation is for a qualified professional engaged by the file owner.”

4.1Prices are fixed per Quote, in Canadian dollars. Thermal Sky does not charge by the hour. A Quote is valid for 30 days from its date unless it says otherwise.

4.2Where a founding rate is offered, its conditions are stated in the Quote and it is subject to availability at the time of acceptance. The standard rate is printed beside it.

4.3A booking is confirmed when the Client accepts the Quote in writing (email is enough) and Thermal Sky confirms the Capture Window in writing.

4.4Sites larger, taller, or more complex than the Tier limits stated in the Quote or on thermalsky.ca, and multi-building sites, are quoted individually. A second Site the same evening is available only by prior arrangement and only where it is stated in the Quote.

4.5Storm and water-damage documentation is quoted on request. A capture target of 24 to 48 hours from acceptance applies only when daylight, weather, airspace and the pilot’s availability allow, and is a target, not a guarantee.

5.1Thermal Sky schedules the Capture for the first suitable evening within the Capture Window. Roof thermal Captures are not scheduled from November to February.

5.2If the Thermographic preconditions are not met on a scheduled evening, Thermal Sky reschedules within the Capture Window, or agrees a new Capture Window with the Client, at no charge. Thermal Sky’s decision on whether conditions are suitable is final.

5.3Thermal Sky may also move a Capture, at no charge, for airspace restrictions, NOTAMs, a pending NAV CANADA authorization, aircraft serviceability, illness, or any safety reason.

5.4The pilot may pause or end a Capture in progress for safety, weather, airspace, or because uninvolved people have entered the operating area. A Capture that could not be completed is re-flown at no charge unless the Client chooses in writing to accept the partial Deliverables.

5.5Capture defect. If the Client notifies Thermal Sky of a Capture defect within 10 business days of delivery, Thermal Sky re-flies the affected scope or re-processes the files at no charge on the next suitable evening. Where the affected scope is roof thermal and the next suitable evening falls in the November to February pause, the Client may choose either a re-fly on the first suitable evening from March or a refund of the fee for the affected scope. This is the Client’s sole remedy for a Capture defect.

5.6Client-requested re-fly. A further Capture of the same Site at the Client’s request where there is no Capture defect (for example, after repairs, at a different time, or with a changed scope) is a new engagement at the applicable Tier rate.

5.7Thermal Sky does not guarantee any date or time. Delay caused by weather, airspace, or safety is not a breach of these Terms.

6.1The Client confirms that it owns the Site or has authority from the owner to have the Site captured from the air, and will provide written confirmation of that authority if Thermal Sky asks for it before the Capture.

6.2The Client tells Thermal Sky before the Capture Window about anything at the Site that affects flight safety or coverage: cranes, guy wires, antennas, scaffolding, work in progress, crews working late, occupied areas, animals, or restrictions set by the owner, a strata, or a site manager.

6.3Thermal Sky operates from the ground, from a launch point agreed on site or on nearby public land. Thermal Sky does not enter buildings, does not walk on roofs, and does not touch the structure. Site access is usually not required. Where it is, the Client arranges it.

6.4Thermal Sky keeps the aircraft at least 5 metres horizontally from any person not involved in the work and does not fly over people. The Client informs site staff, tenants or crews it controls that a drone will be operating and asks them to keep clear of the launch area and the flight path. If the Site cannot be captured within these limits, Thermal Sky may decline the engagement or the Capture at no charge to either party.

6.5Thermal Sky may decline any Site that, in the pilot’s judgment, cannot be flown safely or lawfully by a single pilot without a visual observer.

7.1Thermal Sky operates under Part IX of the Canadian Aviation Regulations. The pilot holds a Transport Canada Advanced Operations pilot certificate for remotely piloted aircraft and a Restricted Operator Certificate with Aeronautical Qualification. The aircraft is registered with Transport Canada.

7.2Before every flight Thermal Sky checks the airspace and obtains NAV CANADA authorization where the Site is in controlled airspace. Authorization is not guaranteed and may come with conditions that limit the flight.

7.3The pilot in command has final authority over whether, when and how a flight proceeds. Nothing in a Quote or these Terms requires Thermal Sky to fly in breach of the Canadian Aviation Regulations, an airspace restriction, a municipal bylaw, or any other law.

7.4Thermal Sky does not fly over people, does not fly beyond visual line of sight, and does not offer operations that require a visual observer or a special flight operations certificate.

8.1Thermal Sky delivers the Deliverables by private link shared to the Client’s named email address, or to a storage location the Client controls if the Client asks. The delivery target is the morning after the Capture evening where processing allows, and no later than the end of the next business day. Delivery may take longer where a re-flight is needed, and Thermal Sky will say so.

8.2The Client reviews the Deliverables within 10 business days of delivery and notifies Thermal Sky of any Capture defect within that time. After that, the Deliverables are accepted.

8.3The Client is responsible for downloading and backing up the Deliverables. Thermal Sky keeps its own copy under clause 10.6 and can re-send it on request during that period.

9.1Thermal Sky invoices on delivery. Payment is due 15 days from the invoice date (net 15).

9.2Prices are in Canadian dollars. Thermal Sky is a small supplier not registered for GST and does not charge it. If that changes, GST will appear on the invoice with Thermal Sky’s registration number.

9.3Payment is by card or bank payment through the Stripe payment link on the invoice. Other methods are available by arrangement.

9.4Overdue amounts bear simple interest at 1.5% per month, which is 18% per year, from the due date until paid.

9.5If an invoice is more than 30 days overdue, Thermal Sky may suspend further work for the Client and may recover reasonable costs of collection.

10.1Licence from delivery. From the moment of delivery, the Client may use, copy, edit, annotate, rebrand and share the Deliverables for its own business purposes and for the project the Capture was performed for.

10.2Assignment on payment. On payment in full of the invoice for a Capture, Thermal Sky assigns to the Client all copyright and other intellectual property rights in the Deliverables for that Capture, worldwide, for the full term of those rights. The invoice for each Capture repeats this assignment and is signed by Daniel Sabitoff, so that the assignment is in writing and signed as section 13(4) of the Copyright Act (Canada) requires. On request, Thermal Sky provides a separate signed confirmation at no charge.

10.3Moral rights. To the extent permitted by law, Daniel Sabitoff waives in favour of the Client, and anyone authorized by the Client, all moral rights in the Deliverables, including the right to be associated with the work and the right to the integrity of the work. The Client may crop, edit, combine, rebrand and publish the Deliverables without attribution.

10.4Until paid. Until payment in full, copyright in the Deliverables stays with Thermal Sky and the Client’s rights are the licence in clause 10.1. If an invoice is more than 60 days overdue, Thermal Sky may, by written notice, end the licence for any new use of the Deliverables. Uses already made, including Deliverables already included in the Client’s own reports, are not affected. Thermal Sky’s right to be paid continues.

10.5What stays with Thermal Sky. Thermal Sky keeps all rights in its flight plans, templates, naming conventions, methods, flight logs, and business records. These are not Deliverables.

10.6Records copy. Thermal Sky keeps a copy of the Deliverables, the acquisition record and the delivery manifest for six years from the end of the year of delivery, for re-delivery, records, insurance, regulatory purposes and the defence of any claim, and for no other purpose. The Client may ask in writing at any time for earlier deletion of the image files; Thermal Sky then deletes them within 10 business days, confirms in writing, and keeps only the acquisition record, image index and delivery manifest.

10.7Portfolio licence. Unless the Client opts out, the Client grants Thermal Sky a non-exclusive, royalty-free licence to use de-identified excerpts of the Deliverables to show the quality of Thermal Sky’s capture work, in its portfolio, on its website, in proposals and in sample packages. Excerpts only: never a full roof plan, a full elevation, or a site map. De-identified means: no Client name or logo, no address or location data, no identifiable building features, no people, and no metadata that could identify the Site. The Client may opt out at any time by email, and Thermal Sky stops new uses within 10 business days. White-label engagements (clause 11) are excluded from this licence automatically.

10.8Sample and demonstration files on thermalsky.ca are Thermal Sky’s own captures of its own or permitted property and are not Client work unless labelled with the Client’s permission.

11.1On request, Thermal Sky delivers white-label: Deliverables carry no Thermal Sky branding, Thermal Sky has no contact with the Client’s client, and Thermal Sky does not name the Client, the Site, or the Client’s client anywhere, including in its portfolio.

11.2Each party keeps the other’s confidential information confidential and uses it only for the engagement. Confidential information includes site addresses, scope, pricing, imagery, access details, and anything marked confidential. It does not include information that is public, already known to the receiving party, or that the law requires to be disclosed. Thermal Sky may hold and process engagement information, including flight logs that record the aircraft’s GPS track, with the service providers named in its Privacy Policy. This clause survives the engagement without time limit for imagery and site information and for three years for everything else.

11.3Thermal Sky does not upload Deliverables, site information or Client documents to third-party artificial intelligence services and does not allow them to be used to train any model.

11.4Thermal Sky will sign a Client’s reasonable non-disclosure agreement on request, provided it does not conflict with clauses 3, 10 or 16.

11.5Thermal Sky may state that it performs capture work for roofing, building envelope and restoration professionals in Metro Vancouver without naming any Client.

12.1By the Client before the Capture Window opens: no charge.

12.2By the Client after the Capture Window opens and before Thermal Sky has left for the Site: no charge for the first cancellation. A second cancellation of the same engagement is treated as clause 12.3.

12.3By the Client after Thermal Sky has left for the Site, or where the Site is not available on arrival for a reason within the Client’s control (for example, the owner’s permission was not obtained, or crews are working within the operating area): a site visit fee of $250 is charged. The parties agree this is a genuine pre-estimate of Thermal Sky’s cost of a wasted trip. Thermal Sky confirms departure by text or email before leaving. A rebooked Capture is charged at the quoted rate.

12.4By Thermal Sky: Thermal Sky may cancel an engagement for safety, airspace, regulatory reasons, or illness, with as much notice as the circumstances allow. Any amount already paid for the engagement is refunded in full. Thermal Sky has no further liability for a cancellation under this clause.

13.1Thermal Sky handles personal information under its Privacy Policy at thermalsky.ca. The Privacy Policy describes Thermal Sky’s practices; it is not part of the contract for an engagement.

13.2Thermal Sky captures the Site to the scope in the Quote and limits incidental capture of neighbouring properties and people. Frames that show identifiable people, licence plates or room interiors and are not needed for the scope are withheld from the Deliverables, not cropped, and the acquisition record states how many frames were withheld.

13.3The Client will not use the Deliverables to observe, follow, or profile any individual, will comply with privacy law in its own use of the Deliverables, and will delete, on Thermal Sky’s written request, any delivered frame later found to show an identifiable person, licence plate or interior that is not needed for the scope.

13.4The Client confirms that it has told, or will tell, the Site owner and any occupier who needs to know that an aerial capture is planned.

14.1Thermal Sky carries aviation liability insurance covering its remotely piloted aircraft operations, and every Capture is flown under it. A certificate of insurance is available on request.

14.2The Client is responsible for its own insurance, including any coverage for its use of the Deliverables and its work at the Site.

15.1Thermal Sky warrants that it will perform each Capture with reasonable skill and care and in compliance with the Canadian Aviation Regulations. Coverage of the scope in the Quote is dealt with by clause 5.5.

15.2Thermal imaging records apparent surface temperature. Readings are affected by emissivity, reflected radiation, sky conditions, moisture, wind, time since sunset and since rain, distance, and angle. Thermal Sky does not warrant that any temperature value is the true surface temperature, that the Deliverables will reveal any condition, defect or moisture, or that the absence of a thermal pattern means the absence of a condition.

15.3Except for clause 15.1, Thermal Sky gives no warranty or condition of any kind, express or implied, including fitness for a particular purpose, and the Deliverables are provided as captured.

15.4Thermal Sky does not warrant that a Capture will be possible on any particular date, or at all, where weather, airspace, or safety prevents it.

16.1Thermal Sky’s total liability to the Client for all claims arising out of or connected with an engagement, whether in contract, tort (including negligence), statute or otherwise, is limited to the fees paid or payable by the Client for that engagement.

16.2Thermal Sky is not liable for any indirect, consequential, special or punitive loss, or for loss of profit, revenue, business, contracts, data, or goodwill, however caused, even if advised of the possibility.

16.3Thermal Sky is not liable for any loss arising from the interpretation of the Deliverables, from any decision made or not made from them, from repairs undertaken or not undertaken, or from delay caused by weather, airspace, or safety.

16.4Clause 16.1 does not apply to physical damage to property or bodily injury caused by the operation of Thermal Sky’s aircraft. For those claims, Thermal Sky’s liability is limited to the limit of its aviation liability insurance in force at the time of the Capture. Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot be limited by law.

16.5The Client indemnifies Thermal Sky against third-party claims, losses and costs (including reasonable legal fees) to the extent they arise from: the Client not having authority to have the Site captured; the use of or reliance on the Deliverables by the Client or by anyone the Client gives them to; the Client’s breach of these Terms; or hazards at the Site that the Client knew of and did not disclose.

16.6No claim may be brought against Thermal Sky more than one year after the delivery date of the engagement it relates to, to the extent the law allows the parties to agree to that period.

17.1Independent contractor. Thermal Sky is an independent contractor. Nothing creates an employment, partnership, agency or joint venture relationship.

17.2Non-exclusive. Neither party is bound to give or take further work.

17.3Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including weather, airspace restrictions, regulatory action, illness, wildfire, power or network outage, or acts of government. Payment obligations are not excused.

17.4Assignment. The Client may not assign an engagement without Thermal Sky’s written consent. The Client may freely transfer Deliverables after payment. Thermal Sky may assign its rights to a successor of the business.

17.5Subcontracting. Thermal Sky does not subcontract flights. Every Capture is flown by Daniel Sabitoff.

17.6Notices. Notices are given by email to the addresses used for the Quote. Thermal Sky’s address for notices is daniel@thermalsky.ca.

17.7Entire agreement. The Quote, any signed agreement, and these Terms are the entire agreement for an engagement and replace all prior discussions. Terms printed on a Client purchase order do not apply unless Thermal Sky accepts them in writing.

17.8Changes. Thermal Sky may update these Terms for future engagements by posting a new version at thermalsky.ca. The version in force on the date of a Quote governs that engagement, and a dated copy is attached to every Quote.

17.9Severability. If any clause is unenforceable, it is severed and the rest stands.

17.10Waiver. A delay in enforcing a right is not a waiver of it.

17.11Survival. Clauses 3, 9, 10, 11, 13, 15, 16 and 17 survive completion or cancellation of an engagement.

17.12Governing law. These Terms are governed by the laws of British Columbia and the federal laws of Canada that apply there.

17.13Disputes. The parties first try to resolve any dispute by discussion in good faith for 30 days. A dispute that is not resolved may be brought before the Civil Resolution Tribunal of British Columbia where it has jurisdiction, and otherwise before the courts of British Columbia sitting in Vancouver, which have exclusive jurisdiction.

18.1The website describes Thermal Sky’s services and lets you request a quote. Content on the website is general information. It is not an offer, not advice, and not a substitute for a Quote.

18.2Prices shown on the website are current when published and may change. The price that applies to an engagement is the price in the Quote.

18.3Text, images, logos, sample files and design on the website belong to Thermal Sky or are used with permission. You may view the site and download sample files to evaluate Thermal Sky’s services. You may not copy, scrape, republish or use any content for another purpose without written permission.

18.4Sample and demonstration files are captures of Thermal Sky’s own or permitted property. They are examples of file format and quality only. They do not represent any Client site and are not to be used for any decision about any property.

18.5The contact form is the quickest way to start. It is processed by Web3Forms and delivered to Thermal Sky by email. What you submit, including any site address, is handled under the Privacy Policy, which names the form provider and where it keeps submissions.

18.6Thermal Sky tries to keep the website available and accurate but does not guarantee either. The website may contain links to other sites, which Thermal Sky does not control and is not responsible for.

18.7To the extent permitted by law, Thermal Sky is not liable for any loss arising from use of, or reliance on, the website or its content.

18.8These website terms are governed by the laws of British Columbia and the federal laws of Canada that apply there.

Contact

Thermal Sky

Daniel Sabitoff

Port Moody, British Columbia

daniel@thermalsky.ca

Thermal Sky Terms of Service, version 1.0. Effective 25 August 2026. See also the Privacy Policy.