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  • Terms of Service

Terms of Service

Last Updated: June 27, 2024

Your placement of an order with DroneUp or one of our retail partners to purchase any product (a “Delivery Purchase”) constitutes your consent to these Terms of Service (the “Agreement”).

This Agreement is between you and the relevant subsidiary (“DroneUp”, “we”, “our” or “us”) of DroneUp, LLC. This Agreement hereby incorporates by reference any additional terms and conditions made available to you by us or by DroneUp or one of our retail partners.

BY PLACING AN ORDER WITH DRONEUP OR ONE OF OUR RETAIL PARTNERS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT. IF YOU ARE AN INDIVIDUAL PLACING AN ORDER WITH DRONEUP OR ONE OF OUR RETAIL PARTNERS ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. REFERENCES TO “YOU” AND “YOUR” IN THIS AGREEMENT WILL REFER TO BOTH THE INDIVIDUAL PLACING AN ORDER WITH DRONEUP OR ONE OF OUR RETAIL PARTNERS AND TO ANY SUCH ORGANIZATION.

Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by providing a hyperlink to then-current terms at the time an order is placed and by posting a revised Agreement on our website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Any Delivery Purchase by you following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.

Safety. Please stay at least twenty (20) feet from the drone and delivery area during delivery and do not touch the package until it is released from the drone and the drone is clear of the area. Drones have moving parts, including propellers, that can be dangerous if you come into contact with the drone while in operation. You agree to abide by all safety instructions, rules, and requirements provided by DroneUp and you acknowledge that you are aware of potential risks and consent to operation of the delivery drone near you.

Communications. By placing an order with us or with one of our retail partners, you agree to accept and receive communications from DroneUp, including via e-mail and/or text message to the cellular telephone number you provide. You will receive email and/or text messages providing updates on the status of your order. We may also send you marketing and other promotional communications from time to time (collectively, “Marketing Communications”) by e-mail. You expressly agree to receipt of emails, text messages, and other forms of communications from us. Message and data rates may apply. You may contact us at support@droneupdelivery.com or go to www.droneupdelivery.com and click on “chat” to correspond in real time with a DroneUp customer service representative at any time with any questions that you might have. If you do not wish to receive Marketing Communications, you may opt out of such communications by contacting us at support@droneupdelivery.com.

Location. To make a delivery, the DroneUp drone will need access to your property or the property designated in your order. Our pilot will select the exact point on your property best suited for making a delivery. You expressly provide permission for our drones to overfly and hover over your property to make a delivery.

Photos. By permitting your photo to be taken or otherwise participating in any efforts by DroneUp to create advertising and/or media (including social media) content, you grant DroneUp express and complete authorization to create and use the content derived from (i) your name, likeness, and other personal characteristics and (ii) photographs, videos, and any other images of you, including, without limitation, aerial photographs, video, or other images captured by one or more unmanned aerial vehicles owned, and all materials created by or on behalf of DroneUp that incorporate any of the foregoing (the “Materials”), in any media, and for advertising, promotion, and any other lawful commercial and business purposes. You hereby acknowledge and give DroneUp your permission for such use and publicity for such purposes, according to the terms and conditions set forth herein. Further, you irrevocably permit, authorize, grant, and license DroneUp and its subsidiaries, affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them, the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use the Materials in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures, and other print publications, display, point-of-sale, and other advertising and promotional materials, press releases, and the internet and other digital transmission or delivery methods, on any platform and for advertising, public relations, publicity, packaging, and promotion of DroneUp and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to you. You acknowledge and agree that DroneUp shall be the exclusive owner of all rights, including copyright, in the Materials. You hereby irrevocably transfer, assign, and otherwise convey to DroneUp your entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. You further acknowledge and agree that you have no right to review or approve Materials before they are used by DroneUp, and that DroneUp has no liability to you for any editing or alteration of the Materials or for any distortion or other effects resulting from our editing, alteration, or use of the Materials. DroneUp has no obligation to create or use the Materials or to exercise any rights given by the foregoing.

Terms of Purchase and Delivery.

Through an ordering process provided by DroneUp or one of our retail partners, you will be able to order and purchase products for delivery by DroneUp. Prior to any purchase, you will be required to enter the address to which you would like to have the product(s) delivered to see if drone delivery is available to that location (the “Delivery Location”). If delivery is available to you, you will choose from a list of our delivery hub(s) in your area from which we are operating. Once you choose a delivery hub, you will be shown a list of products that are eligible for purchase and delivery by DroneUp. Any product you purchase is sold to you by our retail partner(s). We reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. If we accept your order, the DroneUp team will deliver the product(s) to you by drone whenever it is able to do so. Where weather or other conditions make drone delivery unavailable, your order may be delivered by vehicle.

  • Service Availability. Delivery hours vary by location and by the operating hours of our retail partners. While we will endeavor to complete a delivery within thirty (30) minutes of the time an order is placed, delivery times may vary and the system may be down at certain times. We may be unable to accept or deliver an order due to weather conditions, availability of delivery drones or other reasons. Any estimated arrival or delivery time provided by DroneUp is not guaranteed; and we make no representations or warranties regarding availability. Note that any orders attempted to be placed after during the last hour of our operating hours may be rejected depending on delivery capacity. No order will be accepted after operating hours have ended.

     

  • Product Availability. If you purchase any product that is determined to be out-of-stock, you will be notified and we will work with you to try and identify a suitable alternative. If a suitable alternative is not available, you will promptly receive a refund of the purchase price for the out-of-stock product(s).

     

  • Return and Refund Policy. Please refer to the applicable retail partner’s return and refund policy should you wish to return any product(s) delivered by DroneUp. Delivery fees are non-refundable.

     

  • Prices. Product prices and applicable fees (such as taxes) may vary and will be displayed to you in the checkout process. Product prices are set by our retail partners and may not include delivery fees.

     

  • Delivery Fees. Delivery fees, if applicable, are set by DroneUp, will be displayed to you during the checkout process in the App, and are not refundable.

     

  • Payment. By providing a credit card (or other payment method accepted by us or our retail partner(s)), you represent and warrant that you are authorized to use the designated payment method and that you authorize us and/or a third-party payment processor to charge your payment method for the total amount of your Delivery Purchase (including any applicable taxes and other charges) and the delivery fee(s). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information.

     

  • Sales Taxes. Orders you place with us or our retail partners are online sales and are processed as online transactions. You will receive an electronic receipt for your order. Sales tax will be calculated at the time of purchase.

     

  • Product Warranties; Limitation on Liability. THE PRODUCTS PURCHASED THROUGH DRONEUP OR THROUGH OUR RETAIL PARTNERS ARE SOLD AND DELIVERED TO YOU “AS IS” AND “WITH ALL FAULTS”. DRONEUP DOES NOT MAKE ANY WARRANTIES OR PROMISES ABOUT THE PRODUCTS OR THE DELIVERY. TO THE EXTENT PERMITTED BY LAW, (I) DRONEUP EXCLUDES AND DISCLAIMS ALL WARRANTIES AND (II) DRONEUP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF DRONEUP AND EACH OF ITS RETAIL PARTNERS TO YOU IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS YOU PURCHASED THAT GAVE RISE TO THE LIABILITY.

Force Majeure. DroneUp will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an act or event beyond our reasonable control, including without limitation, adverse weather conditions, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, earthquake, epidemic or pandemic (including, without limitation, the COVID-19 pandemic) or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available by us or through our retail partners may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

Limited Warranty; Disclaimer of Other Warranties. We conduct drone operations using a commercially reasonable level of skill and care. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, DRONEUP DISCLAIMS ALL WARRANTIES IN RELATION TO THE SERVICE AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Privacy. We take your privacy very seriously. Information about you that we collect in connection with a Delivery Purchase (such as, for example, name, email address, telephone number, address, information about your property, credit card information, and product order details) is handled in accordance with the DroneUp Privacy Policy located at https://www.droneupdelivery.com/privacy/ (the “Privacy Policy”). You represent and warrant that any information you provide in connection with a delivery order is and will remain accurate and complete, and that you will maintain and update such information as needed.

Registration, Usernames and Passwords. You may need to register to place an order. We and/or our retail partners may reject, or require that you change, any username, password or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential; you, and not DroneUp, are responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your account.

DroneUp’s Proprietary Rights. Our trade names, trademarks and service marks include DroneUp and any associated logos. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless DroneUp and its parent, DroneUp, LLC, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to any violation or alleged violation of this Agreement by you.

Termination. This Agreement is effective until terminated. All sections which by their terms are intended to survive any expiration or termination of this Agreement shall so survive.

Governing Law; Venue; Jury Trial Waiver. This Agreement shall be controlled and governed by the laws of the Commonwealth of Virginia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts of the Commonwealth of Virginia, City of Virginia Beach or, if it has or can acquire jurisdiction, in the United States District Court for the Eastern District of Virginia, and the parties irrevocably consent to such personal jurisdiction of such courts and waive all objections thereto. Each of us hereby irrevocably and unconditionally waives any right we may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated hereby.

Information or Complaints. If you have a question or complaint regarding any Delivery Purchase, please send an e-mail to support@droneupdelivery.com or go to www.droneupdelivery.com and click on “chat” to correspond in real time with one of our customer service representatives. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. Virginia residents may reach the Complaint Assistance Unit of the Division of Consumer Protection of the Virginia Department of the Attorney General by mail at 202 North Ninth street, Richmond, Virginia 23219, or by telephone at (804) 786-2042 or 1-800-552-9963.

Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on our website infringes your copyright, you (or your agent) may send to us a written notice by mail or e-mail requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to DroneUp as follows: By mail to 160 Newtown Road, Suite 500, Virginia Beach, VA 23462; by e-mail to techadmin@droneup.com. DroneUp’s phone number is (757) 337-2125. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

Miscellaneous. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and DroneUp relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and DroneUp relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to our website or by text and/or e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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