1. WEBSITE TERMS; ACCEPTANCE
2. CHANGES TO THE WEBSITE TERMS
We may, at our sole discretion, periodically make changes to the Website Terms. If we make significant changes to the Website Terms, we will notify you by posting the updated Website Terms to the Skydio Websites. By continuing to use, access and/or visit the Skydio Websites, you accept and agree to the updated Website Terms.
3. ACCESS TO AND USE OF THE SKYDIO WEBSITES
Subject to these Website Terms, Skydio grants you a limited license to use, access and/or visit the Skydio Websites for your personal, non-commercial use. You hereby acknowledge and agree that you shall not use the Skydio Websites:
Purchasing Products from the Skydio Websites with an intent to resell such Products as an unauthorized reseller or distributor is strictly prohibited. Any unauthorized use of the Skydio Websites or use in violation of these Website Terms terminates this limited license.
4. CONTENT RESTRICTIONS
All content provided on the Skydio Websites such as text, graphics, logos, button icons, images, and software, and the compilation thereof (“Content”) is owned by or licensed to Skydio and is protected by various intellectual property and other laws. Without the prior written consent of Skydio, you shall not download (other than through page caching), alter, modify, create derivative works from, reproduce, rent, lease, loan, distribute, duplicate, copy, display, sell, mirror, frame, or otherwise exploit any portion of the Skydio Websites including but not limited to the Content and/or Skydio’s name, trademarks, and intellectual property. You shall not try to exploit any Content on or any portion of the Skydio Websites for commercial purposes. You shall not data mine, scrape, crawl, or use any robot or other automatic devices, script, technology or process that sends automated queries to the Skydio Websites. You shall not compile data, the Content and/or any portion of the Skydio Websites in a manner that is used or usable by a competitive product or service. You shall not link to or communicate with the Skydio Websites in a manner that negatively impacts the Skydio Websites. You shall not employ script searches or search results from the Skydio Websites in a manner that results in the display of any Content on a third-party website or elsewhere. Any use of the Content and/or Skydio Websites other than as specifically authorized herein is strictly prohibited. If your access to the Skydio Websites is suspended, terminated, and/or blocked by Skydio, you agree that you will not attempt to access the Skydio Websites by any alias or other disguised or fraudulent identity and will not try to implement any measures to circumvent such suspension, termination, and/or blocking.
5. COMMENTS; BENCHMARKING; ELECTRONIC COMMUNICATIONS
We are pleased to hear from our customers and welcome your comments regarding our Products. We request that you be specific in your comments. If you send us feedback, comments, suggestions, ideas, materials, notes, drawings, concepts or other information, or post comments on any publicly accessible blog or community forum on the Skydio Websites (collectively, “Submissions”), you represent and warrant that you own or otherwise control all of the rights to, and/or have a right to submit the Submissions to Skydio and you hereby 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. You hereby assign to Skydio, exclusively and perpetually, all rights, title, and interest, including but not limited to all intellectual property rights, that you may have in the Submissions. Your Submissions are entirely voluntary and we may use your Submissions for any purpose without any obligation to you of any kind. None of the Submissions shall be subject to any obligation of confidence or review on our part, and we shall not be liable for any use or disclosure of any Submissions, nor obligated to do anything with, nor respond to, any Submissions. You shall not include any content that is illegal, offensive, infringing, and/or objectionable to Skydio in your Submissions.
You will not publish or release any benchmarking or performance data applicable to the Content or any portion of the Skydio Websites, except to the minimum extent such publication or release is permitted under applicable law notwithstanding this restriction and then only with advance written notice to Skydio including an explanation of the test procedures used to generate the benchmarking or performance data, which explanation is sufficiently detailed to reasonably permit Skydio to reproduce such tests.
When you visit any of the Skydio Websites or submit information to us via the Skydio Websites, or send emails to us, you are communicating with us electronically and therefore consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Skydio Websites. You agree that all agreements, notices and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. PRODUCTS; RELATED TERMS
a. Online Store. Skydio’s online store can be found at shop.skydio.com. This online store may be supported by a third-party service provider. In such cases, the third-party service provider terms and conditions may also govern your purchases of the Products; such terms and conditions are strictly between you and the third-party service provider and we are not a party to such terms and conditions.
b. Product Descriptions. Skydio endeavors to provide accurate and succinct descriptions of its Products on the Skydio Websites. Skydio does not warrant, however, that its descriptions are fully accurate, complete, reliable, error-free, or up to date. To the extent that you believe any of the Products you have purchased do not match its description, your sole remedy is to return it to us pursuant to our Return Policy that is incorporated herein by this reference.
b. Limited Warranty. Skydio’s One (1) Year Limited Warranty (“Limited Warranty”) is incorporated herein by this reference.
c. Skydio Care. As applicable, the Skydio Care Terms of Service is incorporated herein by this reference.
d. Software End User License Agreement. Skydio’s Software End User License Agreement (“EULA”) is incorporated herein by this reference.
e. Downloads. Skydio takes reasonable precautions to ensure the Content and/or Skydio Websites are safe for you to use, access, and/or visit. However, Skydio assumes no liability for viruses, adware, spyware, Trojan horses, or any other harmful components arising out of or in connection with any usage or downloads from the Skydio Websites. In addition, Skydio cannot be made responsible, under any circumstances or to any extent, for any content and/or material pertaining to Skydio or its Products in connection with any usage or downloads from sources outside of the Skydio Websites.
7. INTELLECTUAL PROPERTY
The Skydio company name, product names, logos and branding elements are trademarks and service marks of Skydio. The Content included on the Skydio Websites is the property of Skydio and/or its licensors and is protected by the United States and international copyright laws and other laws and regulations. Other company, product, and service names and logos used and displayed via the Skydio Websites may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Skydio. Without the prior written consent of Skydio, you shall not:
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 (“DMCA Policy”) for responding to notices of alleged copyright infringement that provides for the termination of users of the Products and/or Websites in appropriate circumstances and enables us to take any other action as permitted by law. Skydio reserves the right to terminate access for users for any reason including but not limited to repeatedly providing or posting protected 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 Skydio Websites 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 in writing to Skydio’s designated agent at the address – Skydio Inc., Attention: Designated Agent – Legal Department, 3000 Clearview Way, San Mateo, CA 94402 – the following information:
a. The date of your notification;
b. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
c. A description of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
d. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
e. Information reasonably sufficient to permit the service provider to contact you, such as address, telephone number, and email address;
f. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
g. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notices. If you believe that your content that has been removed from the Skydio Websites 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, you may send us a counter-notice containing the following information to our designated agent at the address set forth above:
a. Your physical or electronic signature;
b. A description of the content that has been removed and the location at which the content appeared before it was removed;
c. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
d. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Skydio is located and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by us, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (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 sole discretion) be reinstated on the Skydio Websites in ten (10) or more business days after receipt of the counter-notice.
8. DISCLAIMER OF WARRANTIES
ANY USE OF THE SKYDIO WEBSITES, 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 SKYDIO WEBSITES AND 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. YOU 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 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.
SKYDIO MAKES NO WARRANTY OR CONDITION THAT (I) THE SKYDIO WEBSITES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (II) THE SKYDIO WEBSITES OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE CONTENT OR OTHER INFORMATION PROVIDED ON OR THROUGH THE SKYDIO WEBSITES OR PRODUCTS WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SKYDIO WEBSITES WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SKYDIO WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL SKYDIO AND ITS LICENSORS, INFORMATION PROVIDERS, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS (“SKYDIO PARTIES”) BE LIABLE TO YOU OR ANY USER FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS OR REVENUE, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE OR CORRUPTION OF DATA, OR (E) OTHER INTANGIBLE LOSSES, 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.
IF YOU VIOLATE ANY OF THE WEBSITE TERMS, SKYDIO IS NOT RESPONSIBLE FOR ANY INJURY, LOSS OR OTHER DAMAGE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
THE FOREGOING LIMITATIONS OF LIABILITY APPLY, EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SKYDIO WEBSITES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE WEBSITE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE WEBSITE TERMS. THE FOREGOING WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL SURVIVE ANY TERMINATION OF THE WEBSITE TERMS OR YOUR USE OF THE SKYDIO WEBSITES.
10. BINDING ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. General. You may not assign the Website 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 Website Terms and our rights and obligations without restriction and without your consent. If for any reason a court of competent jurisdiction finds any provision of the Website 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 Website 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 Website Terms to the extent that such failure or delay is caused by events such as acts of God, pandemics, 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 Website Terms constitute the entire agreement between you and Skydio with respect to your use of the Skydio Websites, 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 subject matter of these Website Terms. Any waiver of any provision of the Website 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 to your breach of these Website 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 Website Terms.
b. Governing Law. These Website Terms, and any claim, cause of action or dispute (“Claim”) arising out of or related to these Website Terms shall be governed by the laws of the United States and the State of California without regard to their choice of law provisions and regardless of your country of origin or where you access the Skydio Websites.
c. Termination and Suspension; No Obligation to Support. We may terminate, suspend or restrict your access to the Skydio Websites if you violate any of the Website Terms or under other reasonable circumstances including, without limitation, if Skydio believes that you have violated or acted inconsistently with these Website Terms. Upon termination or suspension, your right to access the Skydio Websites will immediately cease. We may discontinue, temporarily or permanently, all or part of the Skydio Websites with or without notice to you. We reserve the right at any time to modify or discontinue any support services for any reason and with or without notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any support services. You acknowledge and agree that if you violate any of the Website Terms, Skydio has no obligation to provide any support services to you. Further, you agree that, to the extent permitted by law, Skydio will not be liable to you for any modification, suspension, or discontinuance of the Skydio Websites.
d. Violations and Complaints. Without limiting Skydio’s rights or remedies under the Website Terms or at law or in equity, Skydio may investigate complaints related to your use of the Skydio Websites and alleged violations of these Website 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 Website Terms or in violation of any law to law enforcement officials, government agencies, 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 agree that monetary damages may not provide a sufficient remedy to us for violations of the Website Terms and you consent to injunctive or other equitable relief for such violations.
e. Third-Party Websites. We may make available a link to a third-party’s website and other mobile applications via the Skydio Websites. These links will let you leave the Skydio Website. The linked websites and mobile applications are not under our control, and we are not responsible for the contents of any linked website or mobile application, or any link contained in a linked website or mobile application, or any changes or updates to such websites and mobile applications (collectively, “Third-Party Content”). We are not responsible for any form of transmission received from any linked website or mobile application. We provide the links to you only as a convenience. We do not endorse any such website or mobile application or its use or any Third-Party Content. Skydio is not responsible for the content, security, or privacy policies of any Third-Party Content.
You further acknowledge and agree that Skydio will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Content, goods, or service available through any such third-party service. Any dealings you have with any third-party found while using the Skydio Websites are between you and the third-party, and you agree that Skydio is not liable for any loss or claim that you may have against any such third-party. USE OF THIRD-PARTY SERVICES IS SOLELY AT YOUR OWN RISK.
f. Indemnity. You agree to release, indemnify, and hold Skydio and its licensors, information providers or suppliers, and any of their officers, directors, employees, consultants and agents (each a “Skydio Party” and collectively, “Skydio Parties”) harmless 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, relating to, arising out of your breach of the Website Terms or any use of the Skydio Websites other than as expressly permitted in the Website Terms. The foregoing indemnity obligations will survive any termination of the Website Terms or your use of the Skydio Websites. 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. Notice and Contact. Any notices given by you under these Website Terms shall be given in writing and shall be delivered to the following address and/or email:
3000 Clearview Way
San Mateo, CA 94402
If you would like to contact Skydio Customer Support with any questions regarding these Website Terms, please call us at 855-463-5902 (855-GOFLY02) or contact us via email at firstname.lastname@example.org.
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.