Drone Harmony Mission Planner - Terms of Use


Thank you for your interest in the Drone Harmony Flight Planner (hereafter “the App”) provided by Drone Harmony AG (hereafter “DH”, “we” or “us”). This document outlines the terms of use for the app (hereafter the “Terms”). Please read this document carefully. By checking the “I confirm and agree with the terms of use” box, or by using the App or any of the products, software, data or services provided to you through the App or by DH, you acknowledge that you have read, understood, and agreed to be bound by the following terms and conditions. If you are not eligible or do not agree to any of the Terms you may not use the App or any other DH Service. The App provides mission planning and ground control functionality for DJI unmanned aerial vehicles (hereafter “UAVs”). You understand and agree that the UAVs and other hardware and any other physical products of DJI that is used in conjunction with the App, the firmware contained therein (collectively, “DJI Hardware and Software”) are not considered part of the Service. The terms and warranties that apply to DJI Hardware and Software are accessible through the DJI website (http://www.dji.com/). You acknowledge and agree to the following:

1. License

DH, subject to your agreement and compliance to the Terms, grants you a limited, revocable, non-exclusive and non-transferable license to use the App on your personal devices, as well as to access the content and services provided through the App for your personal use. Content accessible through the App that is not generated by your usage of the App is solely intended for your personal noncommercial use. All rights not explicitly granted herein are reserved by DH.

2. Eligibility

By agreeing to the Terms you warrant that:
2.1 You are at least 18 years old.
2.2 Your use of the Services provided by the App is in compliance with all applicable laws and regulations.
2.3 If you use the App on behalf of another organization or entity, you warrant that you are eligible to bound the organization to these terms.

3. Your Responsibilities

By using the App you warrant that you are the sole responsible for:
3.1 complying with all applicable laws, and regulations for the use of the App and any other software or hardware used in conjonction with the App, including all local, state, national and international laws regarding the safe operation of aircraft in the region in which you operate.
3.2 Obtaining all necessary licenses and authorizations for operations any hardware or software used in conjunction with the App in the area of operations.
3.3 Any violation privacy rights of any individual or organization that might result in using the App, or from the content generated through your usage of the App, including any sensory data (such as images, videos etc.) and any metadata.

4. Termination

You agree that DH is allowed to, one sidedly and at its own discretion, discontinue your account and terminate it, or prohibit your access to the App or any related service provided by DH. You are allowed to terminate your account at any time. After termination you are still subject to these Terms. You agree that after termination, either by DH or by you, DH is allowed to maintain and use for its internal purposes information about your account, as stated in the Terms.

5. Proprietary Rights

The App and all its related services are owned and operated by DH. The following is protected by copyright and other laws and may not be used unless an explicit consent was given by DH: The software, data, user and other interfaces, documentation, content, computer code (source and object code), any other information, data or products provided through the App. In addition, by agreeing to these Terms you assign DH the right to any feedback, review, suggestion or any other information you provide through the App and its associated service.

6. User Content and Data

You retain the right for any data created by using the App, including images, videos, flight metadata, or any other content or data generated by using the App under your Account (hereafter, the “Content”). Furthermore,
6.1 If you choose to upload, share, or in any other way make publicly available Content through services or products provided by DH, you agree to and hereby grant DH a non-exclusive, unconditional, irrevocable, transferable, royalty-free worldwide license to use, adapt, modify, publish, process, transform and redistribute the Content.
6.2 You are the sole responsible to the Content created under your Account. You take responsibility for the consequences of posting, publishing or making publicly available by any other mean of Content generated by the App, or any other service or product of DH. By using the App you represent that you have the necessary rights, consent, license and permissions to authorize the App and any other used DH services to generate the Content. In particular, you agree that your Content and your usage thereof does not infringe third-party rights, including intellectual property rights, privacy rights and proprietary rights.
6.3 DH is in no way obliged to filter, edit, censor or control Content created or published by the App or other DH products and services.
6.4 DH is entitled at any time, without prior notice, to block, remove, screen or edit any Content that, at its sole judgement, violates these Terms and Conditions. You hereby waive your right, both legal and equitable you may have against DH

7. DISCLAIMER

THE APP AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY NOT EXPLICITLY LAID OUT IN THESE TERMS INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR USAGE FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SUITABILITY FOR A PARTICULAR CAUSE, QUALITY, TIMELINESS, RELIABILITY, AVAILABILITY OF SERVICE. DH FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE ANY PROVIDED SERVICES OR FUNCTIONALITY WILL BE AVAILABLE UNINTERRUPTED OR ERROR-FREE, WITHOUT VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY ERRORS AND ISSUES WILL BE CORRECTED. YOU ASSUME ALL RISK FOR DAMAGES THAT MAY OCCUR AS A RESULT OF USING THE APP OR THE USAGE OF OR ACCESS TO ANY SERVICES, MATERIALS OR CONTENT AVAILABLE THROUGH THE APP AND ALL OTHER DH SERVICES. FURTHERMORE, YOU AGREE THAT YOU ARE USING THE APP AND ALL RELATED SERVICES PROVIDED BY DH AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE THE SOLE RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY, DAMAGE TO THIRD-PARTY PROPERTY, VIOLATION OF LAWS, RULES OR REGULATIONS, LOSS OF DATA OR COMPROMISE OF YOUR OR THIRD-PARTY INFORMATION AND PRIVACY.

8. LIMITATION OF LIABILITY

DH WILL IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ACCIDENTAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER KIND OF DAMAGES, INCLUDING PHYSICAL DAMAGE TO PROPERTY, LOSS OF PROFIT, DATA, COMPROMISE OF SECURITY ARISING OF, OR IN CONNECTION TO THE APP, THE USE OF THE DH SERVICES, THE INABILITY TO USE OR ACCESS THE APP OR OTHER DH SERVICES, OR THIS AGREEMENT, EVEN IF DH WAS ADVISED AND NOTIFIED ABOUT THE POSSIBILITY OF SUCH DAMAGES. DH’S TOTAL LIABILITY TO YOU RESULTING CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE APP AND ALL RELATED SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO AND WILL NOT EXCEED THE AMOUNT PAID BY YOU TO DH IN THE LAST SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

9. Indemnity

You agree to indemnify and protect DH and its affiliates against any loss, liability, claim or any other demand from a third party that resulted from your use of the App or any other DH services.

10. Arbitration

You agree that any dispute between you and DH will be resolved by BINDING ARBITRATION. In particular, you give up your right to defend you rights under this contract in a court of law in front of a judge or jury, but instead seek settlement of any dispute by a neutral arbitrator. Furthermore, any party seeking arbitration will first inform the other party by means of certified mail detailing the nature of the claim and the sought relief. Both parties will do the utmost to resolve the dispute by way of good faith within the first 30 days after reception of the written notice and before seeking arbitration.

11. No Class Action

You agree that any claim you have towards DH will be pursued within your own capacity and not through class action of any kind. Furthermore, unless all parties agree, the arbitrator may not settle the claim of more than one person.

12. Enforceability

The terms are governed by the laws of Switzerland (CH). If any of the clauses “Arbitration” and “No Class Action” terms is found unenforceable then you and DH agree that any dispute be litigated in and subject exclusively to Swiss law.

13. Force Majeure

DH will not be liable for any damages or losses caused in conjunction with APP or other DH services under these Terms that occurred due to events and conditions beyond the control of DH such as war, “acts of God”, governmental actions, extreme weather conditions, strikes etc.