Skydio Consumer Terms of Sale
Last Updated on June 29, 2022
Welcome to the Skydio Store. The following Consumer Terms of Sale (the “Terms”) govern your access and use of the Skydio Store and its related web and mobile sites found at www.skydio.com (the “Skydio Store” or the “Store”), including any transactions or purchases made from the Store.
PLEASE READ CAREFULLY BEFORE ATTEMPTING TO PURCHASE ANY OFFERINGS FROM THE STORE. THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN YOU AND SKYDIO, INC. (“SKYDIO”). THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "BINDING ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "CLAIM" (AS DEFINED BELOW) BETWEEN YOU AND SKYDIO AND EACH OF ITS CURRENT OR FORMER AFFILIATES, INCLUDING PARENTS OR SUBSIDIARIES, AND ANY PREDECESSOR OR SUCCESSOR ENTITY TO ANY OF THE FOREGOING (COLLECTIVELY, "SKYDIO ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN THE "BINDING ARBITRATION" SECTION.
2. PURCHASE OF OFFERINGS
To place an order (“Order”) for any Offerings through the Skydio Store, you must be, and you represent to us that you are: (a) at least the age of eighteen (18) and are legally competent to enter into and agree to a legal contract; or (b) that you are the parent or guardian of a child or custodial charge that is at least the age of sixteen (16) (“Minor”) planning to use the Offering, that you are legally competent to enter into and agree to a legal contract on behalf of the Minor, and that you have given us your consent to allow that Minor to use the Offering.
If you are ordering on behalf of your Minor, you represent and warrant that such Minor is legally permitted to operate the Offering, that you and such Minor understand and agree to the Store Policies and that you agree to ensure your Minor’s compliance with these Store Policies. You agree that you are liable for any violations of the Terms by such Minor.
You may place an Order by completing the requisite forms and checkout process on the Skydio Store. We will not accept Orders placed in any other manner and you are solely responsible for ensuring the accuracy of the Order. All Orders are final, non-cancellable and non-refundable, except as expressly provided in Skydio’s Return Policy. Your placement of an Order through the Skydio Store does not constitute our acceptance of your Order. Confirmation of your order will be sent within a reasonable amount of time via email. Our acceptance of your Order will only take place once we accept payment from you and confirm shipment of the Offering(s).
We reserve the right, at any time prior or after to shipment of the Offering(s), to decline and/or cancel an Order for any reason, including but not limited to: (a) legal and regulatory reasons; (b) suspicion of fraud; (c) suspicion of other security risk; or (d) for no reason at all.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions include but are not limited to Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the email, address, and/or phone number provided at the time the Order was made. Purchasing over a threshold amount that Skydio may set from time to time in its sole discretion is strictly prohibited.
Our contract of sale with you will start when you receive the email confirming our acceptance of your Order and remains in place until the last day of your right to return the Offerings in accordance with our Return Policy. If we cannot fulfill any part of your Order due to the unavailability of any Offerings, we will so notify you by email and refund you for those unavailable Offerings as reasonably possible. If the fulfillment of any aspect of your Order would be illegal or unlawful, we have the right to stop or cease fulfillment of the Order at any time, including after shipment of Offerings or notification to you that the Order is being processed. In such circumstances, you agree that we shall incur no liability.
3. LIMITED WARRANTY
The only warranty that Skydio provides with respect to any Offering is the Skydio One (1) Year Limited Warranty (“Limited Warranty”). If you are in violation of these Terms, our obligations under the Limited Warranty shall be voided, shall not apply to you, and Skydio shall have no obligation to provide any support services to you for any of the Offerings relevant to the applicable sale. The Limited Warranty is subject to Skydio’s applicable end-of-life policy that Skydio may establish from time to time.
4. GEOGRAPHIC AVAILABILITY
At this time, only customers with a billing address and shipping address located in the United States and Canada may purchase from the Skydio Store. Further, the Skydio Store cannot ship to P.O Boxes, U.S. territories, or to addresses located outside of the United States and Canada. Please see our FAQ for more information on shipping capabilities and restrictions.
5. UNAUTHORIZED RESELLING
The Offerings are intended solely for use on a personal, end-user basis, and are not intended for resale. Skydio expressly reserves the right to limit, prohibit, and/or cancel Orders that, in our sole discretion, appear to be placed with the intention of resale by unauthorized resellers or distributors. In addition to limiting, prohibiting, and/or canceling these Orders, Skydio expressly reserves the right to all other remedies including but not limited to limiting the usage of the Offerings (e.g., grounding the Offerings). Purchasing one or more Offerings with an intent to resell is strictly prohibited.
6. PRICES; TERMS OF PAYMENT
Prices and descriptions of Offerings on the Skydio Store are subject to availability and may be changed by us at any time without notice. If the price later drops for any purchased item, or if we offer promotional pricing or changes to the Offering subsequent to your purchase, you will not be entitled to any refund of the price difference. Special product, prices and promotions are no longer valid once they are changed or removed.
Errors in listed prices, product descriptions, and associated terms may occur. If we discover an error in the price of items you have ordered, we will contact you. You will have the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you, your order will be cancelled. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of listings, descriptions, or images (including any features, specifications, and other information).
By completing your payment for the Order, you confirm that the method being used to make payment belongs to you or is in your name where an agreement is entered into with any credit or third-party payment provider. We reserve the right to charge you for any and all damage, shipping costs, and/or any other costs related to any Offerings that are the subject of an unpaid Order.
You hereby acknowledge and agree: (a) that you will not cause any third-party payment provider to cancel your payment for fraudulent reasons; (b) to provide Skydio with all records necessary to contest any cancellation claims; and (c) to reimburse Skydio for any expenses incurred in recovering the funds it is owed under its contract of sale. You also agree to pay all bank fees related to any transactions or failed transactions (e.g., chargebacks from your bank or credit card provider) initiated by you, or on your behalf, with the Skydio Store.
Third-party payment providers used by us may use payment mechanisms that could store your data that may be accessible to us. Please see individual third-party payment provider websites for further information on how they may store your personal information that is collected during payment of your Order.
Delivery will be to the address specified in your Order. If no one is available at the address specified in your Order at the time of delivery, your Order will either be left in a specified safe place, rescheduled for shipment, or returned to depot or the post office for pickup by you. All estimated delivery times are for indicative purposes only and we will not be liable to you for any delays. All Offerings shall be shipped by us FOB origin so you are solely responsible for any damage while in transit once we ship the Offerings to you. For returns, we do not take title to items returned to the Skydio Store until they are accepted at our returns fulfillment center, and the risk of loss remains with you until the returned item(s) are delivered to us at that location.
Due to customs, legal, regulatory and/or certain practical restrictions applicable to Orders placed for international delivery, we reserve the right to define what Offerings can and cannot be delivered to each destination that is authorized by us at our sole discretion.
Offerings are sold without regard to delivery duty payment. You, as the recipient, may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation. Before placing an Order for international delivery, you are required to check these details. It is your sole responsibility, where applicable, to comply with any export controls or sanctions rules applied to Offerings we supply to you.
We must be notified in writing of any changes or errors in your Order prior to shipment by emailing us immediately at firstname.lastname@example.org. When an Order has shipped, you cannot make any changes to your Order. If you detect an error in your Order after it has been shipped, please email us immediately at email@example.com for potential assistance. You may have to directly contact the shipping carrier once your Order has shipped.
8. INTELLECTUAL PROPERTY
Except as stated in this Agreement, all content provided through the Skydio Store are licensed non-exclusively and revocably to you for your personal, private, non-transferable, non-commercial, limited use. This license and all use or access to the Skydio Store is expressly conditioned on your compliance with the Terms, Store Policies any other applicable agreements, and all applicable copyright and intellectual property rights laws. You agree that all worldwide patent, trademark, copyright and other intellectual property rights in the Offering, and all copies of the software however made (including copies pre-installed on the hardware purchased by you) are the exclusive property of Skydio and its suppliers. All software is licensed to you subject to Skydio’s End User License Agreement (“EULA”), not sold. All rights not expressly granted to you in this Agreement are reserved by Skydio and its suppliers. There are no implied licenses under this Agreement.
10.EXPORT SALES AND EXPORT CONTROLS
You acknowledge that the Offerings are subject to export controls under the laws and regulations of the United States (U.S.) and foreign jurisdictions. You shall comply with all such applicable laws and regulations governing use, export, re-export, and transfer of the Offerings and shall obtain all required U.S. and local authorizations, permits, or licenses at your own expense. Skydio and you each agree to provide the other such information and assistance as may reasonably be required by the other in connection with securing such authorizations and licenses, and to take timely action to obtain all required supporting documentation. By using any of the Offerings, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government export embargo, or that has been sanctioned by the Office of Foreign Assets Control; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. YOUR REPRESENTATIONS
12. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL SKYDIO, AUTHORIZED RESELLERS, LICENSORS, INFORMATION PROVIDERS OR OTHER SUPPLIERS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES AND AGENTS (COLLECTIVELY, “SKYDIO PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE STORE AND/OR OFFERINGS, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR ARISING UNDER ANY OTHER LEGAL THEORY, EVEN IF SUCH SKYDIO PARTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, THE SKYDIO PARTIES’ AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS PAID BY YOU UNDER THE ORDER FORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATIONS APPLY, EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ANY USE OF THE STORE AND/OR OFFERINGS, INCLUDING ANY RELIANCE UPON OR USE OF ANY OF THE INFORMATION THEREIN, SHALL BE AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THE LIMITED WARRANTY, THE STORE, OFFERINGS, AND/OR ALL CONTENT 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. SKYDIO ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION SPECIFIED IN THE LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN CONNECTION WITH ALL LIMITATIONS AND WAIVERS OF WARRANTIES AND LIABILITIES CONTAINED IN THESE TERMS, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, 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 HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE PROVISIONS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT OR THE USE OF THE OFFERINGS OR SERVICES BY YOU.
13. BINDING ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Application. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Skydio’s right to seek injunctive relief as set forth below. If residing in the United States, these Terms evidence a transaction in interstate commerce, and thus the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision.
30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out by emailing us at firstname.lastname@example.org with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice should further include your full name, address and any applicable order number for such opt out notice to be effective. The notice must be sent within the later of thirty (30) days of your first use of the Offering or within thirty (30) days of the date any changes to these arbitration provisions became effective or in the date of Skydio’s email to you notifying you of such change. Otherwise, you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If you opt-out of these arbitration provisions, Skydio also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Offering will be deemed to be your irrevocable acceptance of these Terms and any changes/updates to this section.
Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with Skydio, you agree to first contact us at email@example.com and to work with us in good faith to resolve the dispute informally. In the event we are not able to resolve your dispute within sixty (60) days after you brought it to our attention, you and Skydio mutually agree to resolve any claim, dispute, or controversy (excluding claims that qualify for small claims court and claims for equitable relief, as provided below) arising out of or in connection with this agreement or your access or use of any Offering (collectively, “Claim”) by binding arbitration by JAMS, as provided herein. Information about JAMS, including contact information, can be found at www.jamsadr.com. Skydio and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
Filing a Demand. 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, 3000 Clearview Way, Building E, San Mateo, CA 94402. The Notice must (x) describe the nature and basis of the claim or dispute; (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.
When you initiate arbitration against us, you are required to pay up to $250 of the filing fee to initiate the arbitration. To the extent the filing fee for the arbitration exceeds that amount, Skydio will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Skydio will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
Arbitrator’s Powers. 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 these Terms. JAM’s rules are available at www.jamsadr.com or by calling 1-800-352-5267. All issues are exclusively for the arbitrator (and not any federal, state, or local court or agency) to decide, including the scope of this arbitration clause, but the arbitrator is bound by these Terms. The judgment of the arbitrator and the award of the arbitrator is final and binding on you and Skydio.
Location of Arbitration. 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.
Class Action Waiver. 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.
Exception. Notwithstanding anything to the contrary herein, the parties agree that: (a) either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights); (b) Skydio shall still have the right to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction; and (c) this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, provincial, national or local agencies, including, for example, if residing in the United States, the Federal Communications Commission or the Attorney General of your state. Such agencies can, if the law allows, seek relief against us on your behalf.
Changes to This Section. Notwithstanding any provision in these Terms to the contrary, we agree that if Skydio makes any future change to this arbitration provision (other than a change to the Notice address) while you are a user of Offerings, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Severability. If any clause within this section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire section will be unenforceable, and the Claim will be decided by a court, and you and Skydio each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Continuation. This section survives any termination of this agreement or the termination of use of the Offering(s) by you.
14. GOVERNING LAW AND JURISDICTION
The laws of the State of California, without regard to conflict-of-law rules, govern this agreement and any dispute between you and Skydio. Any dispute not subject to arbitration may be brought by either party in a court of competent jurisdiction in either the Superior Courts for the State of California in and for the County of San Mateo or in the United States District Court for the Northern District of California. Each party submits itself to the exclusive jurisdiction and venue of those courts, and waives all jurisdictional, venue and inconvenient forum objections to those courts.
These Terms inure to the benefit of the parties, including any of our successors in interest. We have the right to assign our rights and obligations under these Terms to any affiliates.
The failure of Skydio to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms in full force and effect.
Skydio shall be excused from any obligation to the extent performance thereof is affected by acts of God, pandemics, fire, flood, riots, material shortages, strikes, governmental acts, pandemics, disasters, earthquakes, inability to obtain labor or materials through its regular sources, or any other reason beyond the reasonable control of Skydio.
16. CONTACT INFORMATION
Any notices given by you under these Terms shall be given in writing and shall be delivered to the following address and/or email:
Attention: Legal Department
3000 Clearview Way, Building E
San Mateo, CA 94402
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 by mail at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.