As described below, the Offerings may incorporate certain features allowing for software and other Updates to be implemented in the future. To the extent such Updates are added to or enabled for the Products, including automatic software Updates, they will automatically become part of the Offerings and will be subject to the Terms.
We may periodically modify the Terms. If we make significant changes to the Terms we will notify you via the Offerings (e.g., by providing notice via our Mobile Apps or email) indicating that the Terms have been changed. By continuing to use the Offerings you are consenting to the revised Terms. If you do not agree with the modifications, you must cease using the Offerings.
PLEASE NOTE THAT THE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE.
The Products and Offerings are intended solely for users who own a Skydio Product or are Authorized Users of a Skydio Product and are not intended for resale. Any registration, use of the Products or access to the Offerings by anyone who is not so permitted is strictly prohibited and in violation of the Terms. By using the Products and Offerings, you represent to us that you are legally permitted to use the Product.
To use the Products and certain portions of the Offerings, you may be required to register and use a Skydio Account (“Account”) or be an Authorized User (see below) of the Account. If you are under the age of 18, you must have your parent or guardian create an account for you. By creating an Account, you represent and warrant that you are 18 years of age or older and are legally competent to enter into and agree to the Terms. If you are creating an Account for your child or custodial charge (“Minor”) you represent and warrant that such Minor is legally permitted to operate the Product, that you and such Minor understands these Terms and that you agree to ensure your Minor’s compliance with them. You agree that you are liable for any violations of the Terms by such Minor.
To create an Account, you will register your email address or phone number and confirm it by entering a code you receive. You must provide us with accurate, complete and updated registration information about yourself and the Minor for which you are creating an Account (if applicable). You may not use an email address or phone number that you do not have the right to use, or another person’s identity with the intent to impersonate that person. The individual who creates the Skydio Account is the “Owner.” If an Owner discloses their log-in credentials to another person or otherwise allows another person to access the Account, that individual is authorized by the Owner to utilize the Product and Offerings under that Owner’s Account. Such individual is an “Authorized User.” You (as the Owner of the Account) (i) will inform each Authorized User of the Terms, and (ii) represent and warrant that each such Authorized User understands the Terms and that you agree to ensure each such Authorized User’s compliance with the Terms. You (as the Owner of an Account) are responsible for all actions taken by Minors and Authorized Users and any other third parties related to your Account, including any violations of the Terms by such Minors, Authorized Users and third parties.
Accordingly, you must protect the security of your Account and only share these credentials with individuals that you trust to have such access.
a. Safety. To ensure proper performance of your Product and to best avoid injury or damage, ensure your Product is used properly in accordance with the information and warnings in the Safety and Operating Guide (https://www.skydio.com/safety).
b. Product Software License. Subject to and in accordance with the Terms, Skydio grants to you a non-exclusive, limited, non-transferable license (without the right of sublicense), for your personal, non-commercial use (unless otherwise agreed in a separate agreement between you and Skydio) to (a) install and use one copy of the Product Software and any Updates thereto, in executable object code form only, solely on the Product that you own or control, or are authorized to use and control, and solely for purposes of using the Products, and (b) execute one copy of each of the Mobile Apps and any Updates thereto, per device utilized by you to operate the Product in executable object code form only, solely on the device that you own or control, or are authorized to use and control, and solely for the purpose of operating the Product.
c. Wireless Services. The Products utilize wireless services that may incur extra costs. Such costs are governed by the terms of a separate agreement between you and your selected wireless service provider.
d. Resale. Purchases of Products are intended for end users only and are not authorized for resale.
e. Limited Warranty. The Limited Warranty Statement for Skydio Products is available at www.skydio.com/legal.
If you install and access a Mobile App that was downloaded from an app store or app distribution platform, such as the Apple App Store® or Google Play™, (the “App Provider”), you acknowledge and agree that:
a. Reliability and Availability. Our aim is that our Offerings are reliable and available, but you acknowledge and agree that they are not guaranteed to be 100% reliable or 100% available. The Mobile App may be subject to interruptions and failures for a variety of reasons that are beyond our control, including interruptions or failures caused by your mobile device, your mobile device carrier, the intermittency of your wireless connection and service provider uptime, etc. You acknowledge these limitations and agree that Skydio is not responsible for any damages caused by failure or delay of the Offerings.
b. Product Requirements. You acknowledge that our Offerings may not work as described when the compatibility requirements have not been met. Skydio is not responsible for any losses or damages caused by installation and use of the Offerings that do not meet our compatibility specifications available on www.skydio.com/compatibility.
Skydio may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the Offerings (“Updates”). Some of these Updates may be provided to you through automatic software updates. You consent to these automatic Updates and acknowledge that you may be required to install Updates to continue to use the Offerings. To the extent any Updates involve changes to the Terms, you may be required to agree to a revised version of these Terms to use such Updates. Cellular data charges may apply to Updates.
You and your Authorized Users agree to use the Offerings only in a manner that complies with all laws. You and your Authorized Users may not data mine, scrape, crawl, or use any robot or other automatic devices, script, technology or process that sends automated queries to the Website, or uses other similar methods or tools, to gather or extract Content (as defined below) from the Offerings. Also, you and your Authorized Users may not use the Offerings to compile data (or any other portion of the Content) in a manner that is used or usable by a competitive product or service. You and your Authorized Users may not link to the Website or any portion of the Offerings (including linking to a specific portion of the Offerings or framing Content in any way) and you and your Authorized Users may not employ script searches or search results from the Website in a manner that results in the display of any Content on a third party website or elsewhere.
You and your Authorized Users may not modify the manner in which the Offerings are displayed or function, including framing, scraping or any other technique that would alter the display of the Website or the visual display of the Mobile Apps or Offerings, including the Content. You and your Authorized Users may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Website or the Mobile Apps or the proper operation and usage of the Offerings by any other users or third parties. A violation of any of the preceding is grounds for termination of your and your Authorized Users’ rights to use or access the Offerings.
Certain items of software included with the Product Software and Mobile Apps are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the Terms. Instead, each item of Open Source Software is licensed under the terms of the applicable end user license that accompanies such Open Source Software. Nothing in the Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Skydio makes such Open Source Software, and Skydio’s modifications to that Open Source Software, available at www.skydio.com/legal/licenses.
We may make available a link to a third-party’s website and other mobile applications via the Offerings. These links will let you leave the Website or the Mobile Apps. The linked sites and applications are not under our control, and we are not responsible for the contents of any linked site or application, or any link contained in a linked site or application, or any changes or updates to such sites and applications. We are not responsible for any form of transmission received from any linked site or application. We provide the links to you only as a convenience. We do not endorse any such site or application or its use or contents.
We are pleased to hear from our customers and welcome your comments regarding our Offerings. We request that you be specific in your comments. If you or your Authorized Users send us comments, suggestions, ideas, materials, notes, drawings, concepts or other information, or post comments on any publicly accessible blog or community forum on the Website (collectively, “Submissions”), you and your Authorized Users (as applicable) grant to Skydio a worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use, copy, modify, publicly display, publicly perform, distribute and otherwise exploit the Submissions. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
Skydio respects the intellectual property rights of others and requests that users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Skydio has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Offerings who are repeat infringers. Skydio may terminate access for participants or users who are repeatedly found to provide or post protected third party content without necessary rights and permissions.
DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Website or Offerings infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to Skydio’s designated copyright agent at Skydio Inc., Attention: Copyright , 114 Hazel Ave., Redwood City, CA 94061:
Counter-Notices. If you believe that your content that has been removed from the Website or Offerings is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content on the Website or Offerings, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
If a counter-notice is received by the Skydio copyright agent, Skydio may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Skydio’s discretion) be reinstated on the Website and Offerings in 10 to 14 business days or more after receipt of the counter-notice.
The Offerings, and the design, text, graphics, images, video, information, applications, tools, software, and other content contained therein (excluding any Submissions), and the arrangement thereof, including the Skydio company name and logo and all related products and service names, design marks and slogans, any inventions, techniques, methods, works of authorship, know-how, publicity rights, trademarks, trade-dress, and trade secrets (collectively, "Content"), and all intellectual property and proprietary rights related thereto, are between you, your Authorized Users and us the sole property of Skydio. All rights in Content not expressly granted in these Terms are reserved by Skydio.
Without the prior written consent of Skydio, you and your Authorized Users shall not (i) use any Skydio name, trademark or other branding element in any advertising, publicity or in any other commercial manner, (ii) use any meta tags or any other "hidden text" utilizing any Skydio name or branding element, (iii) use the Skydio domain name or any domain name that is confusingly similar to our domain name as a pseudonymous return e-mail address, or (iv) reproduce (except solely as required for you to use the Offerings for their intended purposes), alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Content.
a. Electronic Communications. You are communicating with Skydio electronically when you use the Offerings or send an email to Skydio. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
b. Notifications. In addition to sending notifications to you through the Mobile Apps, Skydio may also provide notifications to you as required by law or for marketing or other purposes via (at Skydio’s option) email to the primary email associated with your Skydio account, hard copy, or posting of such notice on the Skydio website. Skydio is not responsible for any automatic filtering you or your network provider may apply to email notifications. Skydio recommends that you add @Skydio.com addresses to your email address book to help ensure you receive email notifications from Skydio.
c. Compliance with Laws. The Products have been designed, marketed, and sold for use by residents of the United States and Canada only. All safety warnings, information, instructions, packaging, in-box materials, Mobile Apps, and support services are provided only in English. The Products should not be used outside of the United States or Canada. You are responsible for ensuring that use of the Product complies with all applicable laws and regulations. You acknowledge that you, not Skydio, are responsible for ensuring your compliance with all applicable laws and regulations in your jurisdiction. Skydio is not responsible for any injury or other damage caused by the installation of the Product or your failure to comply with such laws or regulations. We are not liable or responsible if you violate any such law or regulation.
d. Warranty Disclaimer. ANY USE OF THE OFFERINGS, INCLUDING ANY RELIANCE UPON OR USE OF ANY OF THE INFORMATION THEREIN, SHALL BE AT YOUR AND YOUR AUTHORIZED USERS’ SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THE LIMITED WARRANTY STATEMENT, THE OFFERINGS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (ALL OF WHICH ARE HEREBY DISCLAIMED), WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU AND YOUR AUTHORIZED USERS HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU AND YOUR AUTHORIZED USERS HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYDIO ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION SPECIFIED IN THE LIMITED WARRANTY STATEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
e. Limitation of Liability. IN NO EVENT SHALL SKYDIO OR ANY OF ITS LICENSORS OR INFORMATION PROVIDERS AND OTHER SUPPLIERS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES AND AGENTS (COLLECTIVELY, “SKYDIO PARTIES”) BE LIABLE TO YOU OR ANY USER FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, IN EACH CASE ARISING UNDER ANY THEORY, INCLUDING UNDER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SUCH SKYDIO PARTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
THE SKYDIO PARTIES’ AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU IS LIMITED TO THE GREATER OF (A) THE AMOUNTS, IF ANY, YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR (B) $100.
The foregoing limitations apply, even if the remedy fails of its essential purpose.
Please refer to the limited warranty statement for details on the warranty and limitation of liability for the product.
f. Indemnification. You agree to defend and indemnify the Skydio Parties from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, and awards, including reasonable attorneys' fees and costs, whether brought by third parties or otherwise, due to or arising out of your or your Authorized Users’ breach of the Terms and any use of the Offerings other than as expressly permitted in the Terms. The foregoing indemnity obligations will survive any termination of the Terms or your or your Authorized Users’ use of the Offerings. Skydio may, at its own expense, assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of Skydio.
g. Termination and Suspension. We may terminate the Terms, or terminate, suspend or restrict your and your Authorized Users’ access to the Offerings if you or your Authorized Users violate any of the Terms. Upon termination or suspension, your and your Authorized Users’ right to access the Website and use the Offerings will immediately cease. We may discontinue, temporarily or permanently, all or part of the Offerings with or without notice. If you or your Authorized Users’ access to the Offerings is suspended or terminated by us, you and they agree that you and they will not attempt to access the Offerings by any alias or other disguised or fraudulent identity or otherwise without our express prior written approval.
h. Violations and Complaints. Without limiting Skydio’s rights or remedies under the Terms or at law or in equity, Skydio may investigate complaints related to your use of the Offerings and alleged violations of these Terms and take any action we deem necessary and appropriate in connection with such complaints and violations. Such action may include reporting any suspected activity that is in violation of these Terms or in violation of any law to law enforcement officials, regulators, or other third parties. In addition, we may disclose any information necessary or appropriate to such persons or entities, including personal information, relating to such complaints and violations. You and your Authorized Users agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you and they consent to injunctive or other equitable relief for such violations.
i. General. You may not assign the Terms or otherwise transfer or sublicense any rights or obligations hereunder, in whole or in part; any attempt to do so shall be void. We may transfer, assign, or delegate the Terms and our rights and obligations without consent. If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect and remain fully enforceable. Skydio shall not be liable to you for a failure or delay in its performance of any of its obligations under the Terms to the extent that such failure or delay is caused by events such as fire, riot, flood, labor disputes, natural disaster, regulatory action, internet or telecommunications failures, terrorist acts, or other causes beyond Skydio’s reasonable control. Except as expressly stated herein, the Terms constitute the entire agreement between you and Skydio with respect to the Offerings, and the Terms supersede and replace all prior or contemporaneous communications, proposals, understandings or agreements, whether electronic, oral or written, between you and Skydio with respect to the Offerings or the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Skydio. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.
j. Governing Law and Arbitration; No Class Actions. These Terms, and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms shall be governed by the laws of the United States and the State of California regardless of your country of origin or where you access the Offerings. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE OFFERINGS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Skydio’s right to seek injunctive relief as set forth below.
If you do not want to arbitrate disputes with Skydio and you are an individual, you may opt out of this arbitration agreement by sending an email to email@example.com within 30 days of the day you first access or use the Offerings.
If you intend to seek arbitration, you must first send written notice to Skydio’s Customer Service Center of your intent to arbitrate ("Notice”). The Notice to Skydio should be sent by any of the following means: (i) electronic mail to firstname.lastname@example.org; or (ii) sending the Notice by U.S. Postal Service certified mail to Skydio Inc., Attention: Legal, 114 Hazel Ave, Redwood City, CA 94061. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
The arbitration will be conducted before a single neutral arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, as modified by the Terms. The JAM's rules are available at www.jamsadr.com or by calling 1-800-352-5267. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by these Terms. The arbitration will be conducted in San Francisco, California, using the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or Skydio may elect to have the dispute resolved through non-appearance-based arbitration.
To the fullest extent permitted by applicable law, YOU AND SKYDIO EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND SKYDIO EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Skydio agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located San Mateo County, California, and you and Skydio each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding anything to the contrary, you agree that Skydio shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.
k. Notice and Contact. Any notices given by you under these Terms shall be given in writing or by email and shall be delivered to the following address:
114 Hazel Ave
Redwood City, CA 94061
If you would like to contact Skydio customer support, please call us at 855-463-5902 (855-GOFLY02) or contact us via email at email@example.com
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
© 2019 Skydio, Inc. All rights reserved