DroneDeploy offers a cloud-based software platform for commercial drones (“Services”), making the power of aerial data accessible and productive for everyone. Since our products are cloud based, you can access them through the web and through a number of device types (e.g., desktop, laptop, tablets, and smartphone devices).
This agreement, the DroneDeploy Terms of Service (“Terms”), outlines the terms regarding your use of our products and services. These Terms are a legally binding contract between you and DroneDeploy, Inc. (“DroneDeploy”, “we” or “us”) so please read carefully. If you do not agree with these Terms, you may not register or use any of the Services.
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access other than as expressly set out in these Terms. Other than User Content (addressed below), you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Our Fair Use Policy has been created to prevent improper use of DroneDeploy software, so we can offer all our customers an excellent user experience. The Fair Use Policy for our SaaS solution include user access, data processing, storage, sharing and API traffic. Each DroneDeploy license is to be used by one person only, and reasonable amounts of data creation for a single person, and is not to be shared with any other user. We determine the scope of Fair Use we take into account your license against the usage typical usage across the universe of accounts. When we detect out of the ordinary levels of usage in your DroneDeploy account, we’ll contact you to discuss the situation and potential alternatives. If usage does not come into compliance with our policy, we reserve the right to limit your account or terminate your license and access to the system.
By agreeing to these Terms, you represent and warrant to us that:
(a) your registration and your use of the Service is in compliance with all applicable laws and regulations;
(b) you have not previously violated any FAA or other aviation regulation; and
(c) you have not previously been suspended or removed from the Service.
You are solely responsible for ensuring that you comply with all applicable legal requirements for the operation of any aircraft, including any requirement that you detect and avoid other aircrafts. You must at all times comply with all applicable local, state, federal, and international laws and regulations related to the operation of unmanned aerial devices and your use of the Service in your territory of operation, including any applicable laws with regard to privacy. You will obtain and maintain all necessary licenses, consents, and authorizations of any kind.
You may need a DroneDeploy Account in order to use some of our Services. You may create your own DroneDeploy Account, or your DroneDeploy Account may be assigned to you by an administrator, such as your employer. An account is defined as one named user individual (“User”) that can use the Service at a time. Multiple Users may not use the same User account via sharing login details or utilizing a team based email address, and only one human being can be associated with a particular User account. If you are using a DroneDeploy Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your DroneDeploy Account, keep your password confidential. You are responsible for the activity that happens on or through your DroneDeploy Account. Try not to reuse your DroneDeploy Account password on third-party applications.
The Service is owned and operated by DroneDeploy. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by DroneDeploy are protected by intellectual property and other laws. Except as expressly authorized by DroneDeploy, you may not make use of the Materials. In addition, we will own any and all right, title, and interest in, and to any feedback, suggestions, information, or materials you convey to us related to the Service in connection with your use of the Service ("Feedback"). You hereby assign to DroneDeploy all right, title, and interest in such Feedback.
Access to the Service requires you to purchase a subscription and to pay our automatically recurring monthly or annual subscription fees. Access to certain features of the Service may require you to pay additional fees.
All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information. An upgrade from the free plan to any paid subscription plan will trigger an invoice. For monthly payment subscription plans, the Service is billed automatically in advance via credit card on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
More information about Billing and Payment are available at http://support.dronedeploy.com/docs/payment.
During the Contract Term (or Evaluation Term where applicable), you will be charged Fees for Users and any applicable Add-On Features or Activity-Based Features. Except as otherwise specified herein or in an Order Form: (a) Fees are quoted and payable in United States dollars; (b) User and Add-On Fees are based on Services purchased and not actual usage; (c) your obligation to pay all Fees is non-cancelable, and Fees paid are non-refundable. DroneDeploy will not increase the Fees during the Contract Term stated in the then current Order Form. On renewal, you acknowledge that DroneDeploy may, from time to time, add additional features or functionality to the Services that DroneDeploy does not make generally available without payment of additional Fees, and that your access to and use of such additional features and functionality may require payment of additional Fees.
You will pay Fees via credit card or by other payment type specified in the applicable Order Form. If you are making payments of Fees via credit card, You agree to provide accurate payment information and hereby authorize DroneDeploy to charge such credit card for all Fees set forth in an applicable Order Form for the Contract Term (and any renewal thereof).
For payment of Fees by any method other than credit card (for example, check, wire transfer, or ACH), beginning on the start date set forth in an Order Form, DroneDeploy shall invoice you for Fees in accordance with the payment frequency stated in the applicable Order Form. You shall pay Fees in accordance with the Order Form. Unless otherwise stated in the applicable Order Form, all payments for which invoices are delivered are due within thirty (30) days after the date of the invoice.
If DroneDeploy has not received payment of Fees by the applicable due date, then DroneDeploy may assess a late fee of one and one-half percent (1.5%) per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid and/or condition future Contract Term renewals and Order Forms on payment terms shorter than those specified herein.
If you have elected to pay Fees via credit card and the credit card is charged back to DroneDeploy or if any Fees invoiced to you are not paid within thirty (30) days of the invoice date, DroneDeploy may: (i) with respect to chargebacks, cease charging your credit card and invoice you for the amount charged back and any future Fees; (ii) accelerate the payment of any Fees payable; (iii) immediately suspend your access to the Services until payment is made; and/or (iv) immediately terminate the applicable Order Form for which Fees were due and/or terminate this Agreement.
You are responsible for paying, and will pay, all applicable Taxes, and will indemnify and hold DroneDeploy harmless from any costs associated with the collection or withholding thereof, including penalties and interest. Unless otherwise stated in an Order Form, the Fees listed on an Order Form may not be inclusive of any applicable Taxes. When possible, your invoices will include Fees and Sales Taxes, but there may be some instances when your invoice does not include Fees and Sales Taxes, but you are still responsible for them. If DroneDeploy has the legal obligation to pay or collect Taxes for which you are responsible under this Section 5, the appropriate amount shall be invoiced to and paid by you unless you provide DroneDeploy with a valid Tax exemption certificate authorized by the appropriate taxing authority.
DroneDeploy’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that DroneDeploy can use such data in accordance with our privacy policies and applicable law.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Each party agrees to protect and not to disclose any confidential or proprietary information exchanged by a party in the course of providing and receiving our Services.
Certain features of the Service may permit users to generate or post content, including messages, reviews, video, maps, models, folders, data, text, photographs, images, and data gathered by a drone or device (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. In short, what belongs to you stays yours.
To provide our Service, we do require a license to your User Content, so that we can store your data on our servers, process it and transmit it to you: when you upload, submit, store, send or receive content to or through our Services, you hereby grant to DroneDeploy (and those we work with) a non-exclusive, worldwide license to use, store, reproduce, process, modify, publish, transmit, display, and distribute your User Content. The rights you grant in this license are for the limited purpose of operating and improving our Services, and to develop new products and services. This license continues even if you stop using our Services.
Why do we need these rights? The following situations are a few examples of where we would need these rights:
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you represent, and warrant that: you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Drone Deploy and users of the Service to use and distribute your User Content; and your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe any third-party right, including any intellectual property, privacy or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. DroneDeploy may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Drone Deploy with respect to User Content.
After a free trial or a paid license expires, all processed maps that were created on the DroneDeploy platform with the associated DroneDeploy account are deleted after 90 days, per on our retention policy. This means that processed maps are not accessible after 90 days.
DroneDeploy may provide tools through the Service that enable you to export information, including User Content, to third-party services (such as AirMap). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information.
DroneDeploy gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by DroneDeploy as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by DroneDeploy, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission.
The Software may contain or be accompanied by software code provided by third parties (“Third Party Software”) that is subject to separate license terms (the “Third Party Terms”), and not any license contained in these Terms. Your use of the Third Party Software in conjunction with the Service in a manner consistent with the Terms is permitted. However, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third Party Software. You can find certain required notices and other information regarding Third Party Software here:
Privacy policies for third party software used by DroneDeploy may be found below:
We are constantly changing and improving our Services. We may add or remove functionality or features, and we may suspend or stop a Service altogether. DroneDeploy may stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
The term of this Agreement will commence on the Effective Date and, unless earlier terminated, will expire at the end of the Term. If you purchases Services, the term of this Agreement will commence on the Effective Date and, unless earlier terminated in accordance with this Agreement, will continue for the duration of any Contract Term set forth in an applicable Order Form. Except as otherwise specified in the applicable Order Form, all Contract Terms shall automatically renew for additional periods equal in duration to the expiring Contract Term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least thirty (30) days before the end of the relevant Contract Term.
Either party may terminate this Agreement or any individual Order Form: (a) for cause if the other party materially breaches this Agreement or an Order Form and does not remedy such breach within thirty (30) days after its receipt of written notice of such breach; (b) immediately if the other party: (i) terminates its business activities or becomes insolvent; (ii) admits in writing to the inability to pay its debts as they mature; (iii) makes an assignment for the benefit of creditors; or (iv) becomes subject to direct control of a trustee, receiver, or similar authority; or (c) in the case of DroneDeploy, immediately if you do not pay the Fees when due as described in Section 4.
Upon any expiration or termination of this Agreement: (a) your right to use the Services shall cease, and DroneDeploy shall have no further obligation to make the Services available to you; (b) except as otherwise expressly stated herein, all rights and licenses granted to you under this Agreement will immediately cease; (c) except as provided in Section 8, DroneDeploy will have no obligation with respect to any of your Data; and (d) you will pay any unpaid Fees payable for the remainder of the Contract Term under any applicable Order Form in effect prior to the termination date.
The following Sections will survive any expiration or termination of this Agreement:
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER DRONEDEPLOY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN PERMITTED BY LAW, DRONEDEPLOY, AND DRONEDEPLOY’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DRONEDEPLOY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, DRONEDEPLOY, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
You agree to defend, indemnify, and hold DroneDeploy and our affiliates, officers, agents, and employees harmless from and against any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees) made against us by any third party due to or arising out of your use of the Service.
DroneDeploy will not be liable for any failure or delay in the availability of the Service or any other performance of its obligations under these Terms on account of strikes, shortages, riots, insurrection, pandemics, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause that is beyond DroneDeploy’s reasonable control, including any failure of wireless cellular services provided by any third party in connection with your use of the Service.
These Terms provide that all disputes between you and DroneDeploy will be resolved by BINDING ARBITRATION. You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action. Please review our Dispute Resolution policy below for the details regarding your agreement to arbitrate any disputes with DroneDeploy.
Dispute Resolution Policy
Generally. In the interest of resolving disputes between you and DroneDeploy in the most expedient and cost effective manner, you and DroneDeploy agree that every dispute arising in connection with the Terms of Service (the “Terms”) will be resolved by binding arbitration in accordance with the terms of these Dispute Resolution and Arbitration Terms (“Dispute Resolution Terms”). These Dispute Resolution Terms form part of, and are incorporated by reference into, the Terms. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THE TERMS, YOU AND DroneDeploy ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ACCORDANCE WITH THESE DISPUTE RESOLUTION TERMS.
Exceptions. Despite the terms of these Dispute Resolution Terms, we both agree that nothing in the Terms (including these Dispute Resolution Terms) will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and DroneDeploy will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Dispute Resolution Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting DroneDeploy.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice"). DroneDeploy's address for Notice is: Infatics, Inc., dba Drone Deploy, 715 Bryant Street, Suite 201, San Francisco, CA 94107. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or DroneDeploy may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or DroneDeploy must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, DroneDeploy will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by DroneDeploy in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with these Dispute Resolution Terms, DroneDeploy will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse DroneDeploy for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND DroneDeploy AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DroneDeploy agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications. If DroneDeploy makes any future change to these Dispute Resolution Terms (other than a change to DroneDeploy's address for Notice), you may reject the change by sending us written notice within 30 days of the change to DroneDeploy's address for Notice, in which case your account with DroneDeploy will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
Enforceability. If the “No Class Actions” clause is found to be unenforceable or if the entirety of these Dispute Resolution Terms are found to be unenforceable, then the entirety of these Dispute Resolution Terms will be null and void (except for the “Governing Law” clause below) and, in that case, the parties agree that the exclusive jurisdiction and venue described under “Governing Law” below will govern any action arising out of or related to the Terms.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify DroneDeploy and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney's fees.
These Terms provide that all disputes between you and DroneDeploy will be resolved by BINDING ARBITRATION. You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action. Please review our Dispute Resolution policy in Section 16 above for the details regarding your agreement to arbitrate any disputes with DroneDeploy.
We may modify these Terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these Terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should cancel your DroneDeploy Account and discontinue your use of that Service.
These Terms control the relationship between DroneDeploy and you. They do not create any third party beneficiary rights. If there is a conflict between these Terms and any additional terms, the additional terms will control for that conflict.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
If you have questions about this Agreement or about DroneDeploy, please visit our contact page or write to us at:
548 Market St. #34583
San Francisco, California 94104