TERMS OF SERVICE
Effective July 13, 2021
1. INTRODUCTION. Thank you for using the Drone 55 platform and the products, services and features we make available to you as part of the platform (collectively, the “Enterprise”).
2. YOUR SERVICE PROVIDER. The entity providing the Enterprise is Drone 55, Inc., a company organized and operating under the laws of California, USA, (referred to as “Drone 55”, “we”, “us”, or “our”). References to Drone 55’s “Affiliates” in these terms means the other companies within the Drone 55, Inc. corporate group (now or in the future).
3. APPLICABLE TERMS. Your use of the Enterprise is subject to these terms, the General Provision Set for Service Contract and Service Contract which may be updated from time to time (together, the "Agreement"). Please read the Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Enterprise.
4. DRONE 55 PAID SERVICE TERMS OF SERVICE. Drone 55 allows you to purchase content, deliverables, or services as described in the invoice, estimate, or Service Contract, in exchange for a one-time fee, as applicable to the relevant services (collectively, each a “Paid Service” and collectively the "Paid Services"). The Paid Services include Drone 55 services which may be offered by Drone 55 in the future. Your transactions and any other use of the Paid Services are subject to these Drone 55 Paid Service Terms of Service ("Paid Service Terms").
4.1. YOUR ACCEPTANCE. By using a Paid Service, you signify your agreement to the Agreement. Each time you place an order for a Paid Service, you enter into a separate contract for services on the Agreement. When you complete a purchase, you signify that you wish to enter into a binding contract for the provision of the applicable Paid Services.
4.2. PAYMENT, REFUND AND CANCELLATION POLICY
4.2.1. PAYMENT: Drone 55 accepts payment via the current payment method indicated prior to purchase, which may include Paypal and any other form of payment that we make available to you from time to time. You must have a valid accepted form of payment in order to purchase Paid Services. You agree to abide by any relevant Terms of Service or other legal agreement (including without limitation the Paid Service Terms), whether with Drone 55 or a third party, that governs your use of a given payment processing method. Prices for any Paid Service may change at any time, and Drone 55 does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Paid Service that you order. Drone 55 will charge your credit card or other form of payment for the price listed on the relevant Paid Service, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations.
4.2.2. TAXES: If Drone 55 is required to collect or pay any taxes in connection with your purchase of a Paid Service, such taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a Paid Service. Such taxes may include duties, customs fees, or other taxes, along with any related penalties or interest, as applicable to your purchase or country of purchase.
4.2.3. REFUNDS: Purchases of a Paid Service, including a retainer, is final and non-refundable. Drone 55 does not offer returns, exchanges or refunds.
4.3. ACCESSING PAID SERVICES
4.3.1 DEVICE AND USAGE REQUIREMENTS. Certain types of Paid Services may require you to use a device that meets the system and compatibility requirements for such Paid Service, which may change from time to time.
4.3.2. GEOGRAPHIC RESTRICTIONS. Paid Services are currently available only in some countries. You agree that you will not present any false, inaccurate or misleading information in an effort to misrepresent yourself as a resident of a supported country, and you will not attempt to circumvent any restrictions on access to or availability of the Paid Services or content available within the Paid Services.
4.4. LICENSE. Paid Services are considered the sole, and exclusive property of Drone 55. Drone 55 reserves all rights to the Paid Services, including Photograph/Visual Images. Drone 55 grants you a perpetual, worldwide, non-exclusive, non-sublicensable and non-transferable right, to use Paid Services, without transfer of ownership. Such right shall not include right to use the Paid Services, or Photograph/Visual Images for paid advertising. Paid Services copyright will remain with Drone 55. In the event that any of the Paid Service should be deemed to be a “work for hire” resulting in the ownership of any intellectual property rights by you (other than those specifically granted in the Agreement), then you shall be deemed to have irrevocable transferred and assigned such intellectual property rights to Drone 55.
4.5. RESTRICTIONS. When you use the Paid Service, you may not (or attempt to):
A. use the Paid Service in an illegal manner or for an illegal purpose;
B. copy, sell, rent, or sublicense the Paid Services to any third party;
C. circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that Drone 55 uses to protect the Paid Service or encourage or help anyone else to do so;
D. access the Paid Service other than by means authorized by Drone 55; or
E. remove any proprietary notices or labels on Paid Services.
4.6.1. CHANGES OR DISCONTINUATION OF PAID SERVICES. Drone 55 reserves the right to change the availability of Paid Services. In addition, we reserve the right to modify, suspend, or discontinue any Paid Service with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination.
4.6.2. REMOVAL OR UNAVAILABILITY OF CONTENT. In certain cases, content available within a Paid Service may become unavailable due to restrictions from our partners who license us such content or other legal or policy reasons. Drone 55 will have no liability to you for any such unavailability.
4.6.3. CHANGES TO THE PAID SERVICE TERMS.
Changes to the Paid Service Terms. We may also change these Paid Service Terms from time to time so we encourage you to periodically review the most up-to-date version. By using a Paid Service, you signify your agreement to the new Paid Service Terms, and further, that they will apply to your use of the Enterprise as a whole (including any Paid Service you have purchased in the past) and all subsequent purchases (until the Paid Service Terms change again).
4.7. COMMUNICATIONS. By using the Paid Services, you consent to receiving communications from us including marketing communications such as newsletters about Drone 55 features and content, special offers, promotional announcements, and customer surveys, to your registered email address or via other methods. If you no longer want to receive such communications, simply use unsubscribe link provided in email.
4.8. OTHER TERMS
4.8.1 You acknowledge and agree that certain content available in the Paid Services may be considered offensive to some people and that such content may not be labeled as such. Additionally, certain descriptions of Paid Services or content available in the Paid Services are not guaranteed to be accurate. You agree to use the Paid Services at your own risk and, subject to applicable laws, Drone 55 will have no liability to you for any content that you find offensive.
4.8.2. The Paid Services are being provided by Drone 55, Inc., reachable via email at: email@example.com.
4.8.3. You agree that you are solely responsible for (and that Drone 55 has no responsibility to you for) your use of any Paid Service, any breach of your obligations under the Paid Service Terms, and for the consequences (including loss or damage of any kind which Drone 55 may suffer) of any such breach.
4.8.4. You acknowledge and agree that you are responsible for paying all fees in a timely manner and for providing us with a valid credit card or other form of payment acceptable to Drone 55. IN ADDITION, YOU ACKNOWLEDGE THAT YOUR ONLINE ACCEPTANCES CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND DRONE 55 AND SIGNIFY YOUR INTENT TO BE BOUND TO SUCH ONLINE ACCEPTANCES.
4.8.5. SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL DRONE 55 OR ITS AFFILIATES' AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY DRONE 55 FROM YOU FOR THE PAID SERVICES.
4.8.6. You acknowledge and agree that your transaction for the Paid Service is with Drone 55, Inc.
5.1. THINGS YOU CREATE OR PROVIDE US. When you purchase Paid Services, you provide us with personal information that includes your name, email address, phone number, or payment information. We may also ask for other information, like a business tax ID, to help process your payment. Even if you aren’t purchasing Paid Services, you might choose to provide us with information.
5.2. INFORMATION WE COLLECT AS YOU USE OUR ENTERPRISE
5.2.1. YOUR APPS, BROWSERS & DEVICES. We collect information about the apps, browsers, and devices you use to access the Enterprise. The information we collect includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. We also collect information about the interaction of your apps, browsers, and devices with our Enterprise, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request. We collect this information when the Enterprise on your device contacts our servers.
5.2.2. YOUR ACTIVITY. We collect information about your Enterprise activity. The activity information we collect may include:
A. Terms you search for;
B. videos you watch;
C. views and interactions with content and ads;
D. voice and audio information when you use audio features;
E. purchase activity;
F. people with whom you communicate or share content; and/or
G. activity on third-party sites and apps that use our Enterprise.
5.2.3. YOUR LOCATION INFORMATION. We collect information about your location when you use our Enterprise. Your location can be determined with varying degrees of accuracy by:
B. IP address;
C. sensor data from your device; and/or
D. information about things near your device, such as Wi-Fi access points, cell towers, and Bluetooth- enabled devices
The types of location data we collect depend in part on your device and account settings.
5.3. PUBLICLY ACCESSIBLE SOURCES. In some circumstances, Drone 55 also collects information about you from publicly accessible sources. We may also collect information about you from trusted partners, such as directory services who provide us with business information to be displayed on Drone 55’s Enterprise, marketing partners who provide us with information about potential customers of our business services, and security partners who provide us with information to protect against abuse. We also receive information from advertisers to provide advertising and research services on their behalf. We use various technologies to collect and store information, including cookies, pixel tags, local storage, such as browser web storage or application data caches, databases, and server logs.
5.4. WHY DRONE 55 COLLECTS DATA. We use the information we collect from all our Enterprise for the following purposes:
5.4.1. PROVIDE OUR SERVICES. We use your information to deliver our Enterprise.
5.4.2. MAINTAIN & IMPORVE OUR SERVICES. We also use your information to ensure our services are working as intended. And we use your information to make improvements to our Enterprise.
5.4.3. DEVELOP NEW SERVICES. We use the information we collect in existing services to help us develop new ones.
5.4.4. PROVIDE PERSONALIZED SERVICES, INCLUDING CONTENT AND ADS. We use the information we collect to customize our services for you. We may also show you personalized ads based on your interests. We don’t share information that personally identifies you with advertisers, such as your name or email, unless you ask us to.
5.4.5. MEASURE PERFORMANCE. We use data for analytics and measurement to understand how our services are used.
5.4.6. COMMUNICATE WITH YOU. We use information we collect, like your email address, to interact with you directly.
5.4.7. PROTECT DRONE 55, OUR USERS, AND THE PUBLIC. We use information to help improve the safety and reliability of our Enterprises. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm Drone 55, our users, or the public.
5.4.8. We use different technologies to process your information for these purposes. We use automated systems that analyze your content to provide you with things like personalized ads, or other features tailored to how you use our services. And we analyze your content to help us detect abuse such as spam, malware, and illegal content. We also use algorithms to recognize patterns in data. We may combine the information we collect among our services and across your devices for the purposes described above. If other users already have your email address or other information that identifies you, we may show them your publicly visible Enterprise information, such as your name and photo.
5.5. SHARING YOUR INFORMATION
5.5.1. WHEN WE SHARE YOUR INFORMATION. Some of our services let you share information with other people, and you have control over how you share. When you interact with some Drone 55 services, your name and photo may appear next to your activity. We may also display this information in ads.
5.5.2. WHEN DRONE 55 SHARES YOUR INFORMATION. We do not share your personal information with companies, organizations, or individuals outside of Drone 55 except in the following cases:
5.5.3. WITH YOUR CONSENT. We’ll share personal information outside of Drone 55 when we have your consent. We’ll ask for your explicit consent to share any sensitive personal information.
5.5.4. FOR LEGAL REASONS. We will share personal information outside of Drone 55 if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to:
A. Meet any applicable law, regulation, legal process, or enforceable governmental request.
B. Enforce applicable Terms of Service, including investigation of potential violations.
C. Detect, prevent, or otherwise address fraud, security, or technical issues.
D. Protect against harm to the rights, property or safety of Drone 55, our users, or the public as required or permitted by law.
We may share non-personally identifiable information publicly and with our partners — like publishers, advertisers, developers, or rights holders. We also allow specific partners to collect information from your browser or device for advertising and measurement purposes using their own cookies or similar technologies.
5.6. RETAINING YOUR INFORMATION. We retain the data we collect for different periods of time depending on what it is, how we use it, and how you configure your settings:
A. Some data is deleted or anonymized automatically after a set period of time.
B. And some data we retain for longer periods of time when necessary for legitimate business or legal purposes, such as security, fraud and abuse prevention, or financial record-keeping.
5.7. DATA TRANSFERS. We maintain servers around the world and your information may be processed on servers located outside of the country where you live. Data protection laws vary among countries, with some providing more protection than others.
A. We explain the categories of information Drone 55 collects and the sources of that information in Information we collect as you use our Enterprise.
B. We explain how Drone 55 uses information in Why Drone 55 collects data.
C. We explain when Drone 55 may share information in Sharing your information. Drone 55 does not sell your personal information.
5.8.3. CATEGORIES OF PERSONAL INFORMATION WE COLLECT
A. Identifiers such as your name, phone number, and address, as well as unique identifiers tied to the browser, application, or device you’re using.
B. Demographic information, such as your age, gender and language.
C. Commercial information such as your payment information and a history of purchases you make for Drone 55's services.
D. Biometric information if you choose to provide it.
E. Internet, network, and other activity information such as your search terms; views and interactions with content and ads; and apps that use our services.
F. Geolocation data, such as may be determined by GPS, IP address, and other data from sensors on or around your device, depending in part on your device and account settings.
G. Audio, electronic, visual and similar information, such as voice and audio information when you use audio features.
H. Professional, employment, and education information.
I. Other information you create or provide.
J. Inferences drawn from the above.
5.8.4. BUSINESS PURPOSES FOR WHICH INFORMATION MAY BE USED OR DISCLOSED
A. Protecting against security threats, abuse, and illegal activity: Drone 55 uses and may disclose information to detect, prevent and respond to security incidents, and for protecting against other malicious, deceptive, fraudulent, or illegal activity.
B. Auditing and measurement: Drone 55 uses information for analytics and measurement to understand how our services are used, as well as to fulfill obligations to our partners like publishers, advertisers, developers, or rights holders. We may disclose non-personally identifiable information publicly and with these partners, including for auditing purposes.
C. Maintaining our Enterprises: Drone 55 uses information to ensure our services are working as intended, such as tracking outages or troubleshooting bugs and other issues that you report to us.
D. Research and development: Drone 55 uses information to improve our services and to develop new products, features and technologies that benefit our users and the public.
F. Advertising: Drone 55 processes information, including online identifiers and information about your interactions with advertisements, to provide advertising.
G. Legal reasons: Drone 55 also uses information to satisfy applicable laws or regulations, and discloses information in response to legal process or enforceable government requests, including to law enforcement.
5.8.5. PARTIES WITH WHOM INFORMATION MAY BE SHARED
A. Other people with whom you choose to share your information.
B. Third parties to whom you consent to sharing your information, such as services that integrate with Drone 55's services.
D. Law enforcement or other third parties, for the legal reasons described in Sharing your information.
5.9. ABOUT THIS POLICY
5.9.2. THIS POLICY DOESN’T APPLY TO:
A. The information practices of other companies and organizations that advertise our services
B. Services offered by other companies or individuals, including products or sites that may include Drone 55 services, or be linked from our services.
6. PERMISSIONS AND RESTRICTIONS. You may access and use the Enterprise as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to content for your personal, non-commercial use. The following restrictions apply to your use of the Enterprise. You are not allowed to:
A. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Enterprise or any content;
B. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Enterprise (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of content or (b) limit the use of the Enterprise or content;
C. access the Enterprise using any automated means (such as robots, botnets or scrapers) except in the case of public search engines;
D. collect or harvest any information that might identify a person, unless permitted by that person or allowed under section (C) above;
E. use the Enterprise to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
F. cause or encourage any inaccurate measurements of genuine user engagement with the Enterprise, including by paying people or providing them with incentives, or otherwise manipulate metrics in any manner;
G. misuse any reporting, flagging, complaint, or dispute, including by making groundless, vexatious, or frivolous submissions;
H. run contests on or through the Enterprise;
I. use the Enterprise to view or listen to content other than for personal, non-commercial use; or
J. use the Enterprise to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Enterprise or content; or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains content from the Enterprise or where content from the Enterprise is the primary basis for such.
7. RESERVATION. Using the Enterprise does not give you ownership of or rights to any aspect of the Enterprise, including any content posted by others.
8. CHANGES TO THE SERVICE. Drone 55 is constantly changing and improving the Enterprise. We may also need to alter or discontinue the Enterprise, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user.
9. COPYRIGHT PROTECTION. If you believe your copyright has been infringed on the Enterprise, please email us at: firstname.lastname@example.org.
10. ACCESS SUSPENSION & TERMINATION
10.1. TERMINATION BY YOU. You may stop using the Enterprise at any time.
10.2. TERMINATIONS AND SUSPENSIONS BY DRONE 55 FOR CAUSE. Drone 55 may suspend or terminate your access to all or part of the Enterprise if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, Drone 55 or our Affiliates.
10.3. TERMINATIONS BY DRONE 55 FOR SERVICE CHANGES. Drone 55 may terminate your access to all or part of the Enterprise if Drone 55 believes, in its sole discretion, that provision of the services to you is no longer commercially viable.
10.4. NOTICE FOR TERMINATION OR SUSPENSION. Whenever reasonably possible, we will notify you with the reason for termination or suspension by Drone 55 unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Drone 55 or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Enterprise; or (c) would cause harm to any user, other third party, Drone 55 or our Affiliates.
11. OTHER LEGAL TERMS
11.1. WARRANTY DISCLAIMER. OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE ENTERPRISE IS PROVIDED “AS IS” AND DRONE 55 DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE ENTERPRISE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE ENTERPRISE; OR (B) THE SPECIFIC FEATURES OF THE ENTERPRISE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.
11.2. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY APPLICABLE LAW, DRONE 55, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
A. ERRORS, MISTAKES, OR INACCURACIES ON THE ENTERPRISE;
B. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE ENTERPRISE;
C. ANY UNAUTHORIZED ACCESS TO OR USE OF THE ENTERPRISE;
D. ANY INTERRUPTION OR CESSATION OF THE ENTERPRISE;
E. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE ENTERPRISE BY ANY THIRD PARTY;
F. ANY CONTENT WHETHER SUBMITTED BY DRONE 55; AND/OR
G. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
DEONE 55 AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE ENTERPRISE IS LIMITED TO USD $500.
11.3. INDEMNITY. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Drone 55, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Enterprise; (ii) your violation of any term of the Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the Agreement and your use of the Enterprise.
12. ABOUT THIS AGREEMENT
12.1. MODIFYING AGREEMENT. We may modify the Agreement, for example, to reflect changes to our services or for legal, regulatory, or security reasons. Modifications will be effective immediately without notice. Modifications to the Agreement will only apply going forward. If you do not agree to the modified terms, you should discontinue your use of the Enterprise.
12.2. CONTINUATION OF THIS AGREEMENT. If your use of the Enterprise ends, the following terms will continue to apply to you: “Other Legal Terms”, and “About This Agreement”.
12.3. SEVERANCE. If it turns out that a particular term of the Agreement is not enforceable for any reason, this will not affect any other terms.
12.4. NO WAIVER. If you fail to comply with the Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
12.5. INTERPRETATION. In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
12.6. Should any litigation, including arbitration proceedings, be commenced between the parties to the Agreement, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation, to a reasonable sum as and for his or her attorney's fees in the litigation which shall be determined by the court or arbitrator in such litigation.
12.7. As used in the Agreement, the masculine, feminine or neuter gender, and the singular or plural number, shall each be deemed to include the other whenever the context so indicates. Paragraph headings contained herein are for convenience only and shall not be considered for any purpose in construing the Agreement.
12.8. GOVERNING LAW. This Contract will be governed by and construed in accordance with the laws of the State of California, excluding that body of law pertaining to conflict of laws. The federal and state courts residing in Los Angeles County, California, shall have jurisdiction over any claim brought under the Agreement, and the parties hereby consent to the personal jurisdiction of such courts.
12.9. LIMITATION ON LEGAL ACTION. YOU AND Drone 55 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.