API License Agreement

Last Modified: [2024-01-25]

This API License Agreement (this "Agreement") is a binding contract between SZ DJI Technology Co., Ltd. and its affiliated companies (collectively, “DJI”) and you ("you" or "your"). This Agreement governs your access to and use of the API provided on this website by DJI.

BY USING THE API, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE API.

Definitions.
1. "API" means the Flight Record Parsing interfaces, DJI Terra API, any other API provided on this website by DJI and any open source library and materials relating to the API made available by DJI to you.
2. "API Key" means the security key DJI makes available for you to access and use the API.
3. "Your Service" means any application and services provided by you to your End Users that make use of API or the data obtained by using API.
4. "End User" means any person who uses Your Service.
License Grant. Subject to and conditioned on your compliance with all terms and conditions set forth in this Agreement, DJI hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the term of the Agreement to: use the API solely for you to develop and provide Your Service to End Users. You acknowledge that there are no implied licenses granted under this Agreement. DJI reserves all rights that are not expressly granted. You may not use the API for any other purpose without DJI’s prior written consent. You may not share your API Key with any third party. You should keep your API Key and all log-in information secure and use the API Key as your sole means of accessing the API. Your API Key may be revoked at any time by DJI.
Use Restrictions. Except as expressly authorized under this Agreement, you may not:
1. copy, modify, or create derivative works of the API, in whole or in part;
2. rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the API;
3. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the API, in whole or in part;
4. remove any proprietary notices from the API;
5. use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
You will comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted on https://developer.dji.com/policies/terms/ from time to time.
Your Service. You agree to monitor the use of Your Service for any activity that violates applicable laws, rules, and regulations or any terms and conditions of this Agreement, including any fraudulent, inappropriate, or potentially harmful behavior, and promptly restrict any offending users of Your Service from further use of Your Service. As between you and DJI, you are responsible for all acts and omissions of your End Users in connection with Your Service, if any. You agree that you are solely responsible for posting any privacy notices and obtaining any consents from your End Users required under applicable laws, rules, and regulations for their use of Your Service. Your Service may collect personal information via the API to provide services to the End Users, including multimedia information such as photos, videos and point cloud; device information and account information.
No Support; Updates. This Agreement does not entitle you to any support relating to the API. You acknowledge that DJI may update or modify the API from time to time and at DJI’s sole discretion (in each instance, an "Update"), and may require you to obtain and use the most recent version of the API. Updates may adversely affect Your Service. You are required to make any changes to the Service that are required for integration and accommodation as a result of such Update at your sole cost and expense. Your continued use of the API following an Update constitutes binding acceptance of the Update.
Collection and use of Your Information. DJI may collect certain information about you or any of your employees, contractors, or agents. By accessing, using, and providing information to or through the API, you consent to all actions taken by DJI with respect to your information in compliance with the then-current version of DJI’s privacy policy and data protection requirements, available at https://www.dji.com/cn/policy.
Intellectual Property Ownership; Feedback. You acknowledge that, as between You and DJI, (a) DJI owns all right, title, and interest, including all intellectual property rights, in and to the API and (b) You owns all right, title, and interest, including all intellectual property rights, in and to Your Service. You will use commercially reasonable efforts to safeguard the API (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. You will promptly notify DJI if you become aware of any infringement of any intellectual property rights in the API and will fully cooperate with DJI, in any legal action taken by DJI to enforce DJI’s intellectual property rights. If you or any of your employees, contractors, and agents sends or transmits any communications or materials to DJI by mail, email, telephone, or otherwise, suggesting or recommending changes to the API, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"). You hereby assign to DJI on behalf of you, and on behalf of your employees, contractors, and agents, all right, title, and interest in, and DJI are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although DJI are not required to use any Feedback.
Disclaimer of Warranties. THE API IS PROVIDED "AS IS" AND DJI SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. DJI SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DJI MAKES NO WARRANTY OF ANY KIND THAT THE API, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOU OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOU OR ANY THIRD PARTY'S SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. IN NO EVENT SHALL DJI, BE LIABLE UNDER ANY LEGAL THEORY, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST PROFITS.
Indemnification.. You agree to indemnify, defend, and hold harmless DJI and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to (a) Your use or misuse of the API, (b) Your breach of this Agreement, and (c) Your Service, including any End User's use thereof. In the event DJI seeks indemnification or defense from you under this provision, DJI will promptly notify you in writing of the claims brought against DJI for which DJI seek indemnification or defense. DJI reserves the right, at DJI’s option and in DJI’s sole discretion, to assume full control of the defense of claims with legal counsel of DJI’s choice. You may not enter into any third-party agreement that would, in any manner whatsoever, constitute an admission of fault by DJI or bind DJI in any manner, without DJI’s prior written consent.
Limitations of Liability.. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DJI BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR (a) ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API; OR (b) ANY DAMAGES, IN THE AGGREGATE, IN EXCESS OF FIFTY DOLLARS EVEN IF DJI HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR DJI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Term and Termination. This Agreement shall take effect after the purchase, activation or your use of the API, whichever is earlier. This Agreement shall terminate upon the expiration of your license. DJI may immediately terminate or suspend this Agreement, any rights granted herein, or your licenses under this Agreement, in DJI’s sole discretion at any time and for any reason, by providing notice to you or revoking your access to the API. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination of this Agreement for any reason all licenses and rights granted to you under this Agreement will also terminate and you must cease using, destroy, and permanently erase from all devices and systems you directly or indirectly control all copies of the API. Any terms that by their nature are intended to continue beyond the termination or expiration of this Agreement will survive termination. Termination will not limit any of DJI's rights or remedies at law or in equity.
Modifications. You acknowledge and agree that DJI has the right, in DJI’s sole discretion, to modify this Agreement from time to time. You may not be notified of modifications. You will be responsible for checking the updates on https://developer.dji.com/ for reviewing and becoming familiar with any such modifications.
Governing Law and Jurisdiction. The validity and interpretation of this Agreement and the legal relationship of the DJI and you to it shall be governed by the laws of the Hong Kong Special Administrative Region, the People’s Republic of China. Any dispute, controversy or claim arising out of or relating to this Agreement, or breach, termination or invalidity hereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause. The appointing authority shall be the Hong Kong International Arbitration Centre (“HKIAC”). The place of arbitration shall be in Hong Kong at the HKIAC. There shall be only one arbitrator. Any such arbitration shall be administered by HKIAC in accordance with HKIAC Procedures for Arbitration in force at the date of this Agreement including such additions to the UNCITRAL Arbitration Rules as are therein contained. The language to be used in the arbitral proceedings shall be English.