DJI UMS TERMS OF USE

Terms of Use

These Terms of Use (“TOU”) explain the terms by which you may use SZ DJI Technology Co., Ltd.’s (“DJI”, “we” or “us”) online and/or mobile services, web site, and software provided on or in connection with DJI’s UMS services (collectively, the “Service”). By accessing or using the Service, you acknowledge that you have read, understood and agree to be bound by this TOU and to the collection and use of your information as set forth in the DJI Privacy Policy, whether or not you are a registered user of the Service. In case you do not understand or agree to any of the terms in this TOU, you may not use the Service. DJI reserves the right to make unilateral modifications to this at any time and will provide notice of these changes as described below. This TOU applies to all visitors, users, and others who access the Service (“Users”).

Use of the Service

You may use the Service only if you can form a binding contract with DJI, and in compliance with this TOU and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under thirteen is strictly prohibited and in violation of this TOU. The Service is not available to any Users previously removed from the Service by DJI.

Subject to the terms and conditions of this TOU, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. DJI reserves all rights not expressly granted herein in the Service and the DJI Content (as defined below). DJI may terminate this license at any time for any reason or no reason.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to DJI servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that DJI grants the operators of public search engines revocable permission to use spiders to copy publically available materials from dji.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

DJI may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this TOU, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this TOU.

DJI Proprietary Rights

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music(the “DJI Content”), and all Intellectual Property Rights related thereto, are the exclusive property of DJI and its licensors (. Except as explicitly provided herein, nothing in this TOU shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any DJI Content. Use of the DJI Content for any purpose not expressly permitted by this TOU is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place DJI under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, DJI does not waive any rights to use similar or related ideas previously known to DJI, or developed by its employees, or obtained from sources other than you.

The Service contains data, information, and other content not owned by you (“DJI Property”). You understand and agree that regardless of terminology used, DJI Property represents a limited license right governed solely by the terms of this TOU and available for distribution at DJI’s sole discretion. DJI Property is not redeemable for any sum of money or monetary value from DJI at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of DJI on DJI servers, including without limitation any data representing or embodying any or all of DJI Property. You agree that DJI has the absolute right to manage, regulate, control, modify and/or eliminate DJI Property as it sees fit in its sole discretion, in any general or specific case, and that DJI will have no liability to you based on its exercise of such right. All data on DJI’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON DJI’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN DJI’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. DJI DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON DJI’S SERVERS.

Texting Fees

When you provide DJI with your phone number for account verification, DJI will not be charging you any fees for the texts. However, message and data rates may apply.

Privacy and Security

DJI cares about the privacy of its Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in DJI’s Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the People’s Republic of China.

DJI cares about the integrity and security of your personal information. However, DJI cannot guarantee that unauthorized third parties will never be able to defeat its security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

DMCA Notice

It is DJI’s policy to respond to alleged infringement notices that comply with the United States Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify DJI’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2. Identification of the copyrighted work that you claim has been infringed;

3. Identification of the material that is claimed to be infringing and where it is located on the Service;

4. Information reasonably sufficient to permit DJI to contact you, such as your address, telephone number, and, e-mail address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn:

Xiang Pan Address: SZ DJI Technology Co., Ltd. 
14th Floor, West Wing, Skyworth Semiconductor Design Building 
No. 18 Gaoxin South 4th Ave, Nanshan District 
Shenzhen, 518057 
China Telephone: + 86-13924652921 Email: dept-ip@dji.com UNDER UNITED STATES FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please note that this procedure is exclusively for notifying DJI and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with DJI’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, DJI has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. DJI may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Disclaimer

The Service is provided for your convenience only. Although DJI has attempted to provide accurate information through the Service, it assumes no obligation or responsibility regarding the accuracy of the information whatsoever. DJI may change the contents available on the Service or the products mentioned at any time without notice.

THE SERVICE IS PROVIDED ON "AS IS" AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND. DJI HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DJI OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, DJI, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS TOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS TOU WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DJI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY DEVELOPER APPLICATION. UNDER NO CIRCUMSTANCES WILL DJI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DJI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF DJI’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. IN NO EVENT SHALL DJI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DJI HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DJI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Service is controlled and operated from facilities in the People’s Republic of China (PRC) and the United States (US). DJI makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations of the PRC and the US and local laws and regulations, including but not limited to export and import regulations.

Product Availability

The availability of the products and services described through the Service, and the descriptions of such products and services, may vary in your country or area. Please consult with DJI's local sales representatives or agents for specific products and/or services information.

Accounts, Passwords and Security

By providing DJI your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

Certain features or services offered on or through the Service may require you to open an account. If you create an account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this TOU, and that you agree to this TOU on the entity’s behalf. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account. DJI encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to notify DJI immediately of any unauthorized use of your account or password, or any other breach of security. DJI will not be liable for any losses caused by any unauthorized use of your account and you will be held liable for losses incurred by DJI or any other User due to someone else using your DJI ID, password or account as a result of your failing to keep your account information secure and confidential.

Only authorized users can access to and make use of password protected and/or secure areas of the Service. Unauthorized users attempting to access such areas may be subject to prosecution.

Indemnity and Breach

You agree to defend, indemnify and hold harmless DJI and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “DJI Entities”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees and costs) arising out of or in any way connected with: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this TOU, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

You will cooperate as fully as reasonably required in the defense of any allegation or third-party legal proceeding. DJI reserves the right, at its own expense, to assume the exclusive control and defense of any indemnified matter under this Section.

DJI will not be liable to you or to any third party for termination of your access to the Service as a result of any violation of this TOU.

Applicable Law and Jurisdiction

You agree that any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law, excluding its conflict of law provisions. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three (3) in accordance with such rules. The arbitration proceedings shall be conducted in English. Any awards thereof shall be final and binding upon the applicable parties.

General

This TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DJI without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

DJI may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by DJI in its sole discretion. DJI reserves the right to determine the form and means of providing notifications to its Users, provided that you may opt out of certain means of notification as described in this TOU. DJI is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. DJI may, in its sole discretion, modify or update this TOU from time to time, and so you should review this page periodically. When we change this TOU in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new TOU. If you do not agree to any of these terms or any future TOU, do not use or access (or continue to access) the Service.

This TOU, together with any amendments and any additional agreements you may enter into with DJI in connection with the Service, shall constitute the entire agreement between you and DJI concerning the Service. If any provision of this TOU is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this TOU, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

No waiver of any term of this TOU shall be deemed a further or continuing waiver of such term or any other term, and DJI’s failure to assert any right or provision under this TOU shall not constitute a waiver of such right or provision.

Please contact us at dept-ip@dji.com with any questions regarding this TOU.

This TOU was last modified on August 20th,2018.