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 use. All rights not explicitly granted herein are reserved by DH.
By agreeing to and in compliance with 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.
2.4 You have not previously been suspended or removed from any services provided by Drone Harmony.
The registration in DH requires a Google user account. With your Google user account, you may purchase DH licenses for gaining access to additional features provided by DH (refer to Section 5 on Billing and Payment). You are solely responsible for maintaining the confidentiality of your Google account and password, and you accept responsibility for all activities that occur under your Google account when using the DH services.
By using the App you warrant that you are the sole responsible for:
4.1 complying with all applicable laws, and regulations for the use of the App and any other software or hardware used in conjunction with the App, including all local, state, national and international laws regarding the safe operation of aircraft in the region in which you operate.
4.2 Obtaining all necessary licenses and authorizations for operations any hardware or software used in conjunction with the App in the area of operations.
4.3 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.
Access to certain features provided by DH Services requires you to purchase a DH license. When acquiring a DH license, you will be required to provide us with billing information, including contact and credit card information. You represent and warrant that the information you provide to us is accurate. When purchasing a subscription license billing occurs automatically on either a monthly or annual basis. An upgrade from one Service plan to any other Service plan will trigger a bill. For payment subscription plans, the Service is billed automatically in advance of the period of the plan and is non-refundable. There will be no refunds or credits for partial periods of service, downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
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.
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.
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,
8.1 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.
8.2 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.
8.3 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.
8.4 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
8.5 For ease of access to flight plans across devices and similar services the user may grant DH explicit permission inside the App for synchronizing user data (flight plans, flight scene environments, flight logs etc.) with the DH servers. By doing so you grant DH the right to use this data to analyze and improve its services. DH will not share this information with third parties without your consent and the user remains the sole owner of this data.
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.
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.
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.
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.
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.
The terms are governed by the laws of Switzerland (CH). If any of the clauses “Arbitration” and “No Class Action” terms are found unenforceable then you and DH agree that any dispute be litigated in and subject exclusively to Swiss law.
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.
Copyright 2019 Drone Harmony AG. All Rights Reserved.