Skydio Early Access Program Terms And Conditions
These Skydio Early Access Program Terms and Conditions (“Terms”) apply when Skydio, Inc. or any of its affiliates (“Skydio”) provides you with any alpha, beta, preview, trial, pilot, or other pre-release and/or pre-purchase products, services, hardware, software, firmware, features, or documentation (collectively, “EAP Materials”) whether referenced in an order form, packaging, insert card, or a written notice including the URL www.skydio.com/legal/eap-terms that points to these Terms. By signing an applicable order form or by installing, accessing, opening, activating, or using any EAP Materials, you agree to these Terms. If you accept these Terms on behalf of an entity, you confirm you have authority to bind that entity. Skydio may update these Terms from time to time by posting an updated version and your continued use of the EAP Materials after such update means you accept the updated Terms.
1. Participation in the Early Access Program. The Early Access Program (“EAP”) lets you evaluate EAP Materials and provide feedback to Skydio. Participation is voluntary and does not create a partnership, agency, or employment relationship. Skydio may provide, change, or discontinue EAP Materials at any time. Skydio may also end or suspend your participation in the EAP at any time. EAP Materials may be delivered by shipment, over-the-air update, download, web portal, mobile app, user interface, configuration profile, or other method.
2. Eligibility and Access. You confirm you are legally permitted to participate; these Terms are void where prohibited by law. You will keep any EAP access credentials confidential and are solely responsible for all activity under your account. Unless Skydio approves in writing, you will not share, sell, rent, lease, sublicense, or otherwise transfer EAP Materials or EAP access to any third party. You may allow your employees, contractors, or other authorized users to use the EAP Materials only for EAP testing under your strict supervision, and you are solely responsible for their compliance, including providing any required notices and obtaining any required consents for data capture.
3. License Grant and Restrictions. Subject to these Terms, Skydio grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the EAP Materials solely for your internal testing and evaluation purposes in the EAP. You will not copy, modify, create derivative works of, distribute, or disclose the EAP Materials, except as allowed under these Terms or with Skydio’s written permission. You will not decompile, reverse engineer, disassemble, decrypt, or attempt to derive source code of the EAP Materials. You will not remove or obscure any proprietary notices from the EAP Materials. Skydio retains ownership of all EAP Materials, and except as expressly set forth herein, no other rights are granted or to be implied under any Skydio intellectual property.
4. Confidentiality and Publicity. The EAP Materials and any non-public information about them including your participation and any evaluation results are Skydio’s confidential information (“Skydio Confidential Information”). You will protect the Skydio Confidential Information using reasonable care, use it only for EAP testing, and share it only with those who need to know and who are bound by confidentiality obligations at least as protective as these Terms. Confidentiality does not apply to information you can show by written records (a) was already known to you without restriction, (b) becomes public through no fault of yours, (c) is received lawfully from a third party without a duty of confidentiality, or (d) is independently developed without using the Skydio Confidential Information. You may disclose Skydio Confidential Information if required by law or court order, but only to the extent required and, if legally permitted, after giving Skydio prompt written notice to seek a protective order. You will not issue press releases or publish reviews, benchmark results, or screenshots, about the EAP Materials without Skydio’s written consent. Participation in the EAP does not grant Skydio any right to use your name, logos, press releases, or testimonials unless you separately agree in writing.
5. Feedback and Communications with Skydio. You may provide bugs, surveys, enhancement requests, suggestions, test results, and other feedback (“Feedback”) to Skydio, and Skydio may request Feedback from time to time through emails, calls, questionnaires, forms, or similar tools. By participating in the EAP, you consent to provide Feedback from time to time. You should not include sensitive personal information or third-party confidential information in any Feedback. You grant Skydio a perpetual, worldwide, irrevocable, transferable, sublicensable, royalty-free right to use, modify, and incorporate Feedback into Skydio products and services for any purpose, including but not limited to the creation of derivative works, with no obligation to you. Skydio owns any improvements, updates, or new products it develops, including those based on Feedback.
6. Precautions for the Use of EAP Materials. EAP Materials may be faulty, unstable, inaccurate, or incomplete. Installing or using them may require changing, disabling, or removing standard hardware, software or settings and may affect other products or services. EAP Materials may contain errors or inaccuracies that could cause failures, corruption or loss of data. You acknowledge that you may be unable to return to an exact prior state and that any data created or changed while using the EAP Materials may be lost or unrecoverable. You should review any release notes and back up relevant data before installing or using EAP Materials. EAP Materials are not intended for, and should not be used for, safety-critical, mission-critical, or business-critical use. You are solely responsible for your own costs related to using any EAP Materials unless an applicable order form says otherwise.
7. Consent to Data Collection and Use of Data. To improve Skydio’s products and services, EAP Materials may collect and send Skydio diagnostic, technical, and usage data including but not limited to uploaded data, images, video, audio, media, logs, analytics, device identifiers, system information, performance data, and location data (“EAP Data”). Some EAP Materials may capture images, video, audio, or other data (including personal data) and you are solely responsible for complying with all applicable laws and obtaining any required notices and consents. You can withdraw from the EAP to stop future collection, but EAP Data collected before withdrawal may be retained and used for these purposes as permitted by law. EAP Data will be handled under Skydio’s Privacy Policy, which is incorporated herein by reference. Because Skydio operates globally, EAP Data may be transferred to and processed in the United States and other countries where Skydio or its service providers operate, using these Terms and other mechanisms permitted by law. If Skydio loans you hardware device(s), Skydio may need to access, reset, or wipe the hardware device(s); you will not store valuable or sensitive data on any EAP Materials and do not expect data stored to be returned.
8. No Support. Skydio is not obligated to provide maintenance, technical support, or other support for EAP Materials. If Skydio provides EAP support, you agree to follow any provided rules or policies. This does not change any service, repair, or warranty rights you may have for commercially released products outside the EAP. Skydio has no obligation to announce, commercialize, or make available a final or commercial version, and any commercial version may differ in features or functionality.
9. No Warranties and Limitation of Liability. SKYDIO IS PROVIDING THE EAP MATERIALS ON AN “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES OF ACCURACY, COMPLETENESS, OR PERFORMANCE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ALL USE OF THE EAP MATERIALS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, (A) YOU ASSUME ALL RISKS AND COSTS ASSOCIATED WITH TESTING, UPDATING, INSTALLATION, OR USE OF THE EAP MATERIALS, INCLUDING BACKUP EXPENSES AND ANY DAMAGE TO HARDWARE, SOFTWARE, OR DATA, (B) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, OR DATA, AND (C) SKYDIO’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE EAP OR EAP MATERIALS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APPLICABLE EAP MATERIALS IN THE 12 MONTHS BEFORE THE CLAIM, OR $100 IF NO FEES WERE PAID. THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Term and Termination. These Terms remain in effect until terminated. You may end participation at any time by stopping use and, where applicable, uninstalling or resetting the EAP Materials to a prior state. If you cannot reasonably do so, you agree to allow Skydio to assist with any required reset or removal. Skydio may end the EAP or terminate your participation at any time, with or without cause. When participation ends, you will promptly stop using the EAP Materials and, if requested, return any loaned hardware related EAP Materials in reasonable condition (normal wear and tear excepted) and delete, destroy, or return any software or data related EAP Materials within seven (7) days. Sections 3–9 and any other provisions that by their nature should survive will continue to apply after termination. The license granted in Section 3 begins upon installation or use and ends automatically upon the earliest of (a) termination of the applicable EAP, or (c) termination of these Terms.
11. General. If there is a conflict between an applicable order form and these Terms, these Terms control for the applicable EAP Materials. No waiver is effective unless in writing and signed by Skydio, and no single waiver is a continuing waiver. You may not assign these Terms and any attempted assignment is null and void. You will comply with all applicable export and sanctions laws. Any disputes will be brought in the state or federal courts in Santa Clara County, California and California law shall apply without regard to choice of law principles. If any provision of these Terms is unenforceable, it will be limited to the minimum extent necessary and the rest of these Terms will remain in effect. These Terms, an applicable order form, and referenced policies are the entire agreement between you and Skydio about the EAP.