TERMS OF USE (“TERMS”)

3D Robotics, Inc. (“3DR” or “we”) provides services through its website 3DR.com and other websites and domains owned by 3DR (the “Sites” or “Service”). By visiting a Site or using a Service you agree to be bound by these Terms of Use (“Terms”). Please read the Terms. If you do not agree to the Terms, do not use the Service. 

User’s Account

To use certain parts of the Service you might be required to open an account. If the Service you wish to use requires you to an open an account, you agree to the following:

  • You must provide current, accurate, and complete information about yourself during the account registration process.
  • You also will choose a password and a user name. You are responsible for maintaining the confidentiality of your password and account, and assume all liabilities and responsibilities for any and all activities that occur under your account.
  • You agree to notify 3DR immediately of any unauthorized use of your account or any breach of security.
  • 3DR will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
  • You could be held liable for losses incurred by 3DR or another party due to someone else using your account.
  • You may not use anyone else’s account at any time without the permission of the account holder.
  • 3DR reserves the right to refuse access to Service to anyone, at any time, without notice, and for any reason.

See the Privacy Statement regarding collection and use of your information.

Conduct

You must abide by the following rules of conduct while using the Service:

  • Do not use Service for any purpose that is unlawful or prohibited by the Terms.
  • Do not use the Service in any manner that could damage, disable, overburden or impair any 3DR server or network(s) connected to any 3DR server, or interfere with any other party’s use of the 3DR Sites or Service.
  • Do not attempt to gain unauthorized access to the Service or attempt to obtain any materials or information through any means not intentionally made available through the Service.
  • Do not contribute, or otherwise make available, content that contains documents, images, photographs, software, data, or other material protected by intellectual property law (or by rights of privacy or publicity) unless you own or control the rights or have received the necessary consent to do the same.
  • Do not contribute or upload any files that contain viruses, spyware, rootkits, Trojan horses, worms, malware, or other destructive features.
  • Do not harvest or otherwise collect information about others, including email addresses, usernames, and other user’s flight data metrics while using this Service.
  • Do not create a false identity or impersonate any other person on Service, including 3DR employees or agents.
  • Do not misrepresent the source of anything you contribute.
  • You are responsible and liable for all your activities while participating in Service, including anything you contribute.
  • Do not post, publish or distribute any infringing, defamatory, obscene or unlawful material or information.
  • Do not participate in personal attacks or any type of “flaming”of other users. Do not “troll”, i.e. post topics or opinions that are offensive or controversial and designed to provoke a negative response.
  • You are responsible for any actions you may take based on information or advice you receive while online. Use your own good judgement when evaluating information provided through our Service. The decision to share information, use information, or conduct transactions with anyone is your own. Conduct your own research prior to making any decisions.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Contributions

There are opportunities for you as a user of Service and others to actively participate by uploading video, photographs, log files, thermal images or images or imagery of any type, data, flight or other information (“Contributions”). Contributions to the Service are subject to the Terms. 3DR assumes no responsibility or liability for the use of the Contributions of others.

Contribution Ownership, Rights and Liabilities

By uploading Contributions to the Service, you warrant that you are not uploading viruses, spyware, rootkits, worms, malware, or other malicious, illegal or unlawful code which could interrupt, destroy, or limit the functionality of any software or hardware.

3DR does not claim any ownership rights in such Contributions. However, by making such Contributions available to us, you hereby grant to 3DR a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, sell, store, cache, license, transfer, publicly display, transmit, broadcast and otherwise exploit such content in any form, medium or technology now known or later developed, in whole or in part, for any purpose. You agree that neither 3DR nor any third party have any obligation to provide any compensation to you for such Contributions or the licenses granted above. You understand that 3DR does not guarantee any confidentiality with respect to such Contributions you submit.

You are responsible for any Contributions you post. You represent and warrant that you own the Contributions or that you have all rights necessary to grant us a license to use Contributions as described in these Terms. You also represent and warrant that Contributions and the use and provision of Contributions on the Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote reckless, illegal or harmful activities.

No Warranty

All services or materials available for download and/or use are provided on an AS IS and AS AVAILABLE basis, without any warranty of any kind and you assume all risks associated with any material or third party Contributions you use, access, or download. 3DR expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights.

Participation Disclaimer

3DR does not review all communications and materials and content posted by or created by users accessing the Service, and is not responsible for the content materials. You acknowledge that 3DR is acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the Service. While we are not obligated to monitor access or use of the Service, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.  3DR reserves the right to block or remove communications or content materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to 3DR in its sole discretion.  We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by 3DR.

3DR has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that 3DR shall 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 such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

If 3DR and/or its subsidiaries, affiliates, directors, officers, agents, and employees should incur any liability to a third party arising out of or in any way related to your use of the Site or your Contributions, or anyone using your account, you agree to indemnify and hold 3DR free and harmless from any such liability, and from all loss, claims, costs, demands, debts and causes of action in connection therewith, including reasonable attorney’s fees.

Limitation of Liability

NEITHER 3DR, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 3DR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL 3DR’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE ONE HUNDRED DOLLARS ($100).

Governing Law

This Agreement shall be construed for all purposes in accordance with the laws of the State of California without regard to the conflicts of law provisions of any state or jurisdiction.  Any action or suit related to this agreement shall be brought in the state or federal courts located Alameda County, California.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.  By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Legal Links:


Privacy Policy

In this Statement, we, 3D Robotics, Inc. (“3DR”) describe our practices regarding the collection, use, disclosure and other processing of personal data that we collect from visitors of our web and mobile sites including 3DR mobile app, including but not limited to the 3DR Solo App, Droneshare, or other 3DR sites (the “Site”). This Statement does not apply to any other data, including, without limitation, data that we collect offline or via apps or sites on which we do not post a direct link to this Statement.

For the privacy statement of the 3DR website 3dr.com, please refer to our 3dr.com Privacy Policy and Cookie Policy.

Changes. Carefully review this Statement. It is effective and current as of May 25, 2018. We will amend it from time to time as features of our Site change.

Using the 3DR Mobile Apps. When you use the 3DR mobile apps, you may provide us your name, and email address. You may also provide us with and other optional profile information such as address and telephone number. You will know what data you provide us because you will be actively submitting it to us. We use actively submitted data to provide you software updates, provide you with products and services such as airspace information and other in-app services. With your permission we may also provide vehicle registration services. See below for additional types and uses of information.

Registration and Transaction Data. When you make purchases in the 3DR Store, visit our Site or send us requests through our Site, you may provide us your name, mailing address, email address and other optional profile information. If you make purchases in the 3DR Store you will be asked to provide name, address, and credit card or other payment information. You will know what data you provide us because you will be actively submitting it to us. We use actively submitted data to provide you software updates, process your purchases, respond to other requests and provide you with information on our products and services (unless or until you opt-out of receiving marketing information, which you can do here.

Usage Data, Analytics and Cookies. When you access and use the Site, your device transmits information about your device, software, and other technical information. We place cookies on your devices as necessary to provide functionality to you and as described in more detail here. We may also collect information about your browser, operating system, the address of the external or internal page that referred you, and your IP address. We use a tool called Google Analytics to help us understand how users interact with our Site. It tells us aggregate usage and traffic information, such as how the site was accessed, how long visitors stayed, and the number of first-time visitors to the site. We process usage information to deliver, improve and optimize the Site and to protect you, us and other users from fraud and misuse. We do not currently respond to “Dot Not Track” signals or similar settings.

Data Retention and Access. We use servers, routers and other communication equipment in the United States to operate the Site. We retain account and usage data as long as required by applicable law. Beyond required retention periods, we may keep data as long as permitted by law.

Disclosures, sharing. We do not disclose your individual account or usage data to third parties, except as follows:

  • With your consent.
  • We use affiliated and unaffiliated service providers that process data on our behalf, under our instructions and subject to adequate confidentiality agreements.
  • We share aggregated usage statistics that cannot be used to identify you individually.
  • We will disclose data as required by law or to protect you, other users, us or third parties from harm, including fraud, data security breaches or where someone’s physical safety seems at risk.
  • In a reorganization or transfer of our company or assets your data may be transferred, subject to the acquirer accepting the commitments made in this Statement and compliance with applicable law.

Third party data collection. At our discretion, we may include or offer third party products or services on our Site. These third party sites have separate and independent privacy policies. We have no responsibility for the content and activities of these linked sites.
Security. We take reasonable steps to protect messages and data loss, misuse, and unauthorized
access. But, no Internet transmission is ever completely secure or error-free. In particular, uploads and downloads to or from our Site are not encrypted.

Questions, Requests, Rights. If you have any questions or requests, please contact us at marketingdata@3dr.com. Under the laws in your country, you may have a right to access information that we have about you, to correct such information and to request the deletion of your personal data in accordance with applicable law. You may also be entitled to object to certain data processing activities or to revoke consent previously granted, to the extent permitted by local law.

Information We Collect

Information you give us

  • When you register through the 3DR mobile apps, you provide us information about yourself, such as your name, e-mail address, and product information such as serial number and unique identifiers related to your Solo system. You may also provide additional information such as address and telephone number.
  • By use of the 3DR mobiles apps, you provide information regarding your vehicle including the flight data, e.g. location, date and time only when you are logged in.
  • By default when you use the 3DR mobile apps, you share anonymous analytics data so that we can improve the software experience. This may include details about your usage of the system. You may opt out of anonymous analytics at anytime.
  • When you file a support ticket through the 3DR Solo app, you send your flight logs, Solo settings, and logs collected from your vehicle for us to examine. These logs may be used to improve the Solo experience.
  • If you make purchases in the 3DR Store you will be asked to provide name, address, and credit card or other payment information. Upon registration you share preferences regarding receipt of promotional and other emails from 3DR or its partners.
  • On Droneshare, you can add vehicles and choose to share vehicle and mission information. If you choose to share mission information, flight metrics such as date, location, time, altitude speed, air speed and software version of the vehicle will be viewable to other members.
  • We may also collect information about your browser, operating system, the address of the external or internal page that referred you, and your IP address.

Log data

  • Flight logs will be automatically sent to Droneshare if you are logged in through Tower. If you are logged in with the 3DR Solo app, flight logs are sent to us whenever you file a support ticket.
  • By default when you use the 3DR mobile apps, you share anonymous analytics data so that we can improve the software experience. This may include details about your usage of the system. You may opt out of anonymous analytics at anytime.
  • Logs are recorded on the vehicle, controller, and 3DR mobile apps even if you are logged out of your account.

How We Use Information We Collect

  • To provide information about flight conditions in your location.
  • Your name will be displayed within your Droneshare profile for other members to see and detailed information about your vehicles and missions may be shared with other members based on the sharing preferences you have selected when adding a vehicle.
  • With your permission, we may share data with regulatory agencies to comply with mandatory or voluntary registration requirements. We will only do this with your permission.
  • We use aggregated and anonymous data to improve products and services, create new products and services. We reserve the right to use data and to share data with third parties.

3DR Mobile App Services Provided to You by Third Parties

We collaborate with third parties to provide services such as no-fly-zone information, and may allow third parties to use our developer platform to offer services and functionality in conjunction with our Services. In order to provide no-fly-zone information, we need to send your location and unique vehicle identifier to a third party service. We may send your location to a third party service in order to receive data that improves the performance of your vehicle (for example: time to acquire GPS lock).

To Help us Monitor and Improve the Services we Offer

We make efforts to make sure the platform keeps working. This includes using your information, where necessary, to stop spam and other activities that violate the terms of service.

We may employ third party companies and individuals to facilitate our Services (e.g. maintenance, analysis, audit, marketing and development). These third parties have limited access to your information only to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.

For Legal Reasons

We may disclose your information (including your personally identifiable information, vehicle and flight information) if required to do so by law, regulation or subpoena. We may also disclose your information to our legal counsel, governmental authorities or law enforcement if we believe that it is reasonably necessary to do so in order to comply with a law or regulation; to protect the safety of any person; to address fraud, security or technical issues; or to protect 3DR’s rights or property.

Do Not Track Signals

The Droneshare website does not currently respond to a Do Not Track (“DNT”) or similar signal as it awaits the results of efforts by the policy and legal community to determine the meaning of DNT and the proper way to respond.