SKYDIO CARE TERMS OF SERVICE
Last updated: January 4, 2022
The Skydio Care subscription (“Skydio Care”) and the corresponding terms of service (“Terms of Service”) outlined in this agreement (“Agreement”) are provided by Skydio, Inc. (“Skydio”). By purchasing Skydio Care, the purchaser (“you” or “your”) hereby agrees to have read, to have understood, and to be bound by this Agreement.
This Agreement governs Skydio Care services for your Skydio drones provided to you by Skydio or by an affiliate (“Services”). This Agreement includes the Terms of Service and your original sales receipts and/or purchase confirmations for your Skydio drone and corresponding Skydio Care package. A confirmation for your Skydio Care purchase may be provided to you by Skydio at the time of purchase or thereafter.
The Terms of Service are generally the same regardless of which Skydio Care package that you purchase, with the sole exception being the maximum number and cost of replacement drones offered under each applicable Skydio Care package.
Each Skydio drone product can only be registered once for coverage under Skydio Care as a “Covered Drone”. You agree to permit Skydio to track the Covered Drone for purposes of providing the Services, using methods and identifying information that are available to Skydio. The term Covered Drone(s) does not extend to the charger, controller, propeller, any other accessory, or any software that is provided with the drone or that is made available for separate purchase by Skydio.
The benefits provided to you under Skydio Care are additional to, and separate from, your rights under applicable laws and under the Skydio One (1) Year Limited Warranty (www.skydio.com/legal/limited-warranty) (“Limited Warranty”) which only covers hardware. The terms and conditions in this Terms of Service for Skydio Care, including the Exclusions as described below, also differ from the terms and conditions of the Limited Warranty. Please review the Limited Warranty and this Terms of Service for a description of their respective terms, conditions and Exclusions.
GENERAL DESCRIPTION OF THE SERVICES
The Services primarily cover the “Replacement” of Covered Drones, as described in, and subject to the terms, conditions and limitations set out in this Agreement.
The Replacement of the Covered Drone (“Replacement Drone”) will be a Skydio drone product of the same or similar make/model as the Covered Drone. If Skydio replaces the Covered Drone, the Covered Drone shall become Skydio’s sole property and the Replacement Drone shall become your property, with Service coverage effective for the remainder of the Coverage Period (as described below). Replacement Drones may be, in whole or in part, demos, floor models, or used items, and may include blemishes or other visual differences from new hardware that do not materially impact the drone’s functionality. Skydio reserves the right to uniquely mark, identify, and monitor all Replacement Drones in the same manner it does to other drones. To the extent that the Services have not terminated, the Replacement Drone may become a Covered Drone within the meaning of this Agreement as described below.
In rare instances, and at the sole discretion of Skydio, the Services may also include the “Repair” of Covered Drones. Repair means the fixing or replacing of one or more components to restore the Covered Drone’s functionality, without regard to cosmetic or other impacts on the Covered Drone which are immaterial to the drone’s functionality.
Skydio Care provides additional coverage beyond the only hardware coverage that is provided by the Limited Warranty by allowing you to purchase Replacement Drones (“Additional Coverage”). This Additional Coverage is strictly limited to cases of a) accidental damage from an unexpected and unintentional collision, crash, water damage, or liquid damage, and b) accidental loss of drones or fly aways (collectively, “Covered Events”).
NUMBER AND COST OF REPLACEMENTS PROVIDED BY THE SERVICES
Different Skydio Care packages provide different Services covering a different maximum number of Replacement Drones and different costs for the Replacement Drones.
If you purchased a Skydio Care One (1) Year package, subject to the Scope and Skydio Care Exclusions as described below, the Skydio Care One (1) Year package comes with a twelve (12) month Coverage Period. Under the Skydio Care One (1) Year package, you will be authorized to obtain and pay for up to two (2) Replacement Drones, only one (1) of which can be a drone that is either lost or irrecoverable (“Lost Drone”). The first Replacement Drone will cost you $150, or $550 for a Lost Drone, and the second Replacement Drone will cost you $200, or $550 for a Lost Drone.
If you purchased a Skydio Care Two (2) Year package, subject to the Scope and Skydio Care Exclusions as described below, the Skydio Care Two (2) Year package comes with a twenty-four (24) month Coverage Period. Under the Skydio Care Two (2) Year package, you will be authorized to obtain and pay for up to three (3) Replacement Drones, only one (1) of which can be a Lost Drone. The first Replacement Drone will cost you $150, or $550 for a Lost Drone, the second Replacement Drone will cost you $200, or $550 for a Lost Drone, and the third Replacement Drone will cost you $250, or $550 for a Lost Drone.
If you purchased a Skydio Care Enterprise package, subject to the Scope and Skydio Care Exclusions as described below, the Skydio Care Enterprise package comes with a twenty-four (24) month Coverage Period. Under the Skydio Care Enterprise package, you will be authorized to obtain and pay for up to three (3) Replacement Drones, only one (1) of which can be a Lost Drone. The first Replacement Drone will cost you $0, or $550 for a Lost Drone, the second Replacement Drone will cost you $450, or $550 for a Lost Drone, and the third Replacement Drone will cost you $450, or $550 for a Lost Drone.
Please review the following table for a summary of the Skydio Care packages and corresponding Services:
Skydio Care One (1) Year
- Two (2) Replacement Drones
- Only one (1) of the two (2) Replacement Drones may be for a Lost Drone
- Seven (7) business days after the Covered Drone return is received by Skydio
Skydio Care Two (2) Year
- Three (3) Replacement Drones
- Only one (1) of the three (3) Replacement Drones may be for a Lost Drone
- Seven (7) business days after the Covered Drone return is received by Skydio
Skydio Care Enterprise
- Three (3) Replacement Drones
- Only one (1) of the three (3) Replacement Drones may be for a Lost Drone
- Two (2) business day advanced replacement prior to your return of the Covered Drone
Your rights to obtain and pay for Replacement Drones are subject to the terms, conditions and limitations of this Agreement, including but not limited to the Sections entitled Scope and Skydio Care Exclusions.
LIMITED WARRANTY EXTENSION
If the Coverage Period in the Skydio Care package that you purchased is for twenty-four (24) months, you will receive a twelve (12) month time period extension in addition to the original twelve (12) month time period provided under the Limited Warranty with the same terms and conditions of the Limited Warranty which only covers hardware (the “Limited Warranty Extension”). Similar to the Limited Warranty, any Product that has either been repaired or replaced under this Limited Warranty Extension will be covered by the terms of the Limited Warranty for the longer of (i) ninety (90) days from your receipt of the Product that has either been repaired or replaced or (ii) the remaining time left in the Limited Warranty Extension. You will have access to submit a claim under the Limited Warranty Extension for the full twenty-four (24) month Coverage Period of your Skydio Care package, even if you have received the maximum number of Replacement Drones permitted under your Skydio Care package prior to the end of the twenty-four (24) month Coverage Period.
If the Coverage Period in the Skydio Care package that you purchase is for twelve (12) months, then you will not receive the Limited Warranty Extension. For the avoidance of any doubt, the Skydio Care One (1) Year package does not come with the Limited Warranty Extension but you will still receive the Limited Warranty which only covers hardware for the original twelve (12) month time period. You will have access to submit a claim under the Limited Warranty for the full twelve (12) month Coverage Period of your Skydio Care package, even if you have received the maximum number of Replacement Drones permitted under your Skydio Care package prior to the end of the twelve (12) month Coverage Period.
The Services provided under Skydio Care only apply to claims that occur during the applicable coverage time period (“Coverage Period”) in your Skydio Care package. Your Coverage Period is described in the Skydio Care package that you have purchased. The Coverage Period can either be twelve (12) months or twenty-four (24) months based on the Skydio Care package that you have purchased. The Skydio One (1) Year package comes with a twelve (12) month Coverage Period. The Skydio Two (2) Year package comes with a twenty-four (24) month Coverage Period. The Skydio Enterprise package comes with a twenty-four (24) month Coverage Period. The Coverage Period (whether twelve (12) months or twenty-four (24) months) will begin on the date of your purchase of the Covered Drone, and not on the date of your purchase of Skydio Care. Most Skydio Care packages may be purchased within thirty (30) days of your purchase of the Covered Drone.
The Services are only available to customers that purchase and operate the Covered Drone exclusively in the United States and Canada.
Skydio Care does not apply to, and Skydio has no obligation for, the following:
- Damage caused by reckless, abusive, willful or intentional conduct;
- Damage caused by or as a consequence of engaging in illegal activities;
- Direct or indirect loss caused by force majeure including but not limited to acts of God, pandemic, war, military action, riot, coup, and terrorist activities;
- Software or hardware updates to the drone obtained from a third-party;
- Modification or repair at a repair center not operated by or approved in writing by Skydio;
- Unauthorized disassembly, attempts to open the casing, taking apart or removing components from the drone, except as expressly authorized in writing by Skydio;
- Any drone or component thereof if such drone’s serial number or other identifying marks are removed or altered;
- Normal wear and tear, including cosmetic damage such as scratches, dents or chips; and
- Failure to replace consumable parts such as propellers in accordance with Skydio guidelines.
Note that the exclusions for Skydio Care differ from the exclusions for the Limited Warranty. If you submit a claim under the Limited Warranty, the exclusions for the Limited Warranty will apply. If you submit a claim under Skydio Care, the above exclusions will apply.
Skydio reserves the right to deny any of the Services in cases where its products, including but not limited to its drone products, are used in a manner to intentionally or recklessly harm or injure persons, animals, property, or against the interests of the United States, its citizens, and its government. Skydio reserves the right to deny any of the Services when you are verbally abusive, abusive in writing, and/or physically abusive towards any Skydio employees and representatives.
To submit a claim under Skydio Care, please email us at email@example.com or submit a claim via our Skydio Care submission form website (www.skydio.com/care). Your initial claim submission must specify the following information: your name, your original sales receipt or order number for your Skydio drone purchase and Skydio Care, and whether or not your claim is being made under Skydio Care or the Limited Warranty. Skydio reserves the sole right to make a determination regarding whether your claim qualifies under Skydio Care and/or the Limited Warranty, or whether your claim does not qualify under either. Our Customer Success team will be in touch with you within a few business days of your claim submission to further discuss your claim with you and process next steps including but not limited to processing your Replacement Drone or Lost Drone payment in the amount specified in your Skydio Care package, as applicable. In order to process your claim, Skydio may require that you submit certain information, including but not limited to product serial number, product log files, flight logs, flight operations data, flight environment and location data. Your failure to submit requested information may result in denial of your claim.
For Replacement Drones under the Skydio Care One (1) Year and Two (2) Year packages:
After receipt of payment from you, Skydio will provide you with packaging and shipping instructions to return the Covered Drone to Skydio. It is your obligation to package and ship the Covered Drone safely and in accordance with Skydio’s instructions. After Skydio receives the Covered Drone from you, Skydio will ship a Replacement Drone back to you within seven (7) business days.
For Replacement Drones under the Skydio Care Enterprise package:
After receipt of a claim submission from you, Skydio will immediately provide you with a Replacement Drone within a few business days. Skydio will also provide you with packaging and shipping instructions to return the Covered Drone to Skydio and make any required payments to Skydio within thirty (30) business days of your claim submission. It is your obligation to package and ship the Covered Drone safely and in accordance with Skydio’s instructions. If the Covered Drone is not shipped back to Skydio and/or the required payment is not received within thirty (30) business days of your claim submission, Skydio reserves the right to bill you for the full cost of the Replacement Drone and/or to terminate your coverage under Skydio Care. After receiving the Covered Drone from you, Skydio may determine that the Covered Drone did not suffer damage that is covered by Skydio Care and reserves the right to request that you to ship the Replacement Drone back to Skydio in exchange for the Covered Drone or to charge you the full cost of the Replacement Drone as well as shipping and restocking fees.
Before sending a Covered Drone to Skydio in accordance with the Skydio Care service process, it is recommended that you remove the media card and make a backup of all media content from the Product. When Skydio receives the Covered Drone from you, the content or data on the media card in the Covered Drone will be destroyed and the storage will be reformatted. Skydio is not responsible for any loss of content or data. Please do not send any accessories with your Covered Drone. Skydio is not responsible for any damage or loss to these accessories.
Before sending back your Covered Drone to Skydio, you must provide written notice to Skydio during the claim submission process as to whether the Covered Drone has been exposed to any toxic, radioactive, or other harmful materials. If your Covered Drone has been exposed to any toxic, radioactive, or other harmful materials, DO NOT send your Covered Drone to Skydio under any circumstances whatsoever unless Skydio specifically requests in writing that you do so. Skydio reserves the right to bill you for any costs associated with the unrequested handling of any drones that have been exposed to any toxic, radioactive, or other harmful materials.
All claims under Skydio Care must be submitted by you and received by Skydio no later than one (1) month after the expiration date of your Coverage Period. Any claims submitted after such date will be barred, void and of no effect.
SPECIAL PROCEDURES FOR LOST DRONES AND FLY AWAYS
Skydio reserves the right to lock down, render inoperable and monitor any drones that are claimed as lost or fly aways prior or subsequently to providing a Replacement Drone to you.
LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYDIO AND ITS EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY OTHER SUBSEQUENT OWNER OF THE COVERED DRONE OR THE REPLACEMENT DRONE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, FUTURE COLLISIONS OR MALFUNCTIONS OF HARDWARE, RECOVERY OR REPLACEMENT COSTS ASSOCIATED WITH ANY PROGRAM OR DATA, FAILURES ASSOCIATED WITH DATA CONFIDENTIALITY, OR ANY MONETARY LOSS, RESULTING FROM SKYDIO’S OBLIGATIONS UNDER SKYDIO CARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF SKYDIO AND ITS EMPLOYEES’ AND AGENTS’ AGGREGATE TOTAL LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER SKYDIO CARE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR SKYDIO CARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) SKYDIO DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS; AND (B) THE REMEDIES IN THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE REMEDIES AND IN LIEU OF ALL OTHER RIGHTS, REMEDIES OR WARRANTIES THAT MAY APPLY, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED.
SPECIFICALLY, SKYDIO DOES NOT WARRANT THAT (i) THE COVERED DRONE CAN BE REPLACED OR REPAIRED WITHOUT RISK TO OR LOSS OF ACCESSORIES, PROGRAMS, SKILLS, INFORMATION, OR DATA, (ii) CONFIDENTIALITY OF DATA WILL BE MAINTAINED, OR (iii) PRODUCT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
SKYDIO CARE BENEFITS ARE IN ADDITION TO ANY RIGHTS AND REMEDIES PROVIDED UNDER APPLICABLE CONSUMER LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, SKYDIO’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACEMENT OR REPAIR OF THE COVERED DRONE. SOME STATES DO NOT DISALLOW OR LIMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY.
REFUSAL OF SERVICE AND TERMINATION
Skydio reserves the right to refuse Skydio Care coverage and the corresponding Services under any of the following conditions:
- The drone was purchased from a channel that is not authorized by Skydio;
- The drone and Skydio Care were not purchased from the same country or region;
- Your claim is submitted from outside the Coverage Areas;
- Your claim is submitted outside of the Coverage Period;
- Your claim does not constitute a Covered Event;
- Your failure to submit information requested by Skydio in connection with your claim; or
- Your failure to follow any instructions associated with the Skydio Care claim process.
Skydio Care coverage is automatically terminated under any of the following conditions:
- The Coverage Period has expired;
- The maximum number of Replacement or Lost Drones corresponding to the Skydio Care package you purchased has been reached;
- You request in writing to Skydio that your Skydio Care coverage be terminated;
- You have violated or breached any terms of this Agreement; or
- You purport to transfer or assign Skydio Care and/or this Agreement.
RETURN AND TRANSFER
Skydio reserves the right to decline a refund request for the purchase of Skydio Care even if the drone you purchased has been returned to Skydio pursuant to the Skydio Return Policy. If you have used one or more Services under Skydio Care, then you cannot get a refund on your Skydio Care purchase.
Skydio Care and this Agreement cannot be assigned or otherwise transferred by you to any third party under any condition, including but not limited to your transfer of the drone. Any such purported assignment or transfer is void and automatically terminates the Skydio Care coverage.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold Skydio harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising from, relating to or resulting from (a) your breach or alleged breach of the Agreement; or (b) your violation of any law or the rights of a third party. Skydio will provide notice to you of any such claim, suit, or proceeding and will assist you as we deem reasonable, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, and in such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Skydio is not responsible for any failures or delays in providing any of the benefits of Skydio Care including the performance of the Services that result from events outside of Skydio’s reasonable control.
You agree that any accessories or additional components beyond the drone itself that you send back to Skydio under Skydio Care claim submission process may be damaged or lost and will not be replaced and/or covered by Skydio.
This Agreement shall prevail over any conflicting terms or other terms associated with any other document, and constitutes your and Skydio’s entire understanding with respect to Skydio Care. This Agreement can only be amended with the written consent of Skydio.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of any other provision of the Agreement, which shall remain in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate.
Skydio’s failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Skydio unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Skydio reserves the right to authorize a third-party service provider to provide any of the Services under this Agreement. Skydio will not provide any refund or compensation for any expense incurred due to request for services from any unauthorized third-party service provider.
This Agreement does not provide for an informal dispute resolution process under Skydio Care.
If you would like to contact Skydio customer support, please call us at 855-GOFLY02 (855-463-5902), or contact us via email at firstname.lastname@example.org.