Candoo LLC Terms of Service
Revised: May 10, 2018
These terms of service constitute a legally binding agreement (this “Agreement”) between you and Candoo LLC (“Candoo,” “we,” “us”, or “our”) governing your use of the Candoo website, application (whether accessed through the Candoo website or the Candoo mobile app), and technology platforms (together, “Candoo Solutions”).
The Candoo Solutions are offered and available to users who are eighteen (18) years of age or older, reside in the United States or any of its territories or possessions, intend to use the Candoo Solutions for lawful business purposes only, and meet other eligibility requirements as specified further in this Agreement. By using the Candoo Solutions, you represent and warrant that you are of legal age to contract with Candoo and meet all eligibility requirements specified in this Agreement. If you do not meet the specified requirements, you must not access of use the Candoo Solutions.
- The Candoo Solutions
The Candoo Solutions provide a drone marketplace aimed at solving business problems by providing actionable insights through our software solutions on top of the images returned from our professional pilot network. The Candoo Solutions match persons that have a business need for aerial photos and videos and related data analysis (“Customers”) with persons who own and are certified, licensed, or otherwise permitted by law to operate drones for commercial use (“Pilots”). Both Customers and Pilots employ the Candoo Solutions by creating user accounts and therefore are referred to throughout this Agreement as “Users”, “you”, “your”, or “yourself”. Unless otherwise specified, the terms “User”, “you”, “your”, or “yourself” mean both Customer and Pilot together. You authorize Candoo to match you with a Customer or Pilot based on factors like the location to be filmed, the location of the Pilot, the type of filming needed, the Customer’s timing requirements, User preferences, User experience, and platform efficiency. You also authorize Candoo to cancel a match and to perform a new match using the same factors.
- Changes to this Agreement
We may revise and update the terms of this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Candoo Solutions thereafter. Your continued use of the Candoo Solutions following the posting of revised Terms of Service means that you accept and agree to the changes.
- Limited License Grant
Subject to the terms of this Agreement, Candoo grants you a limited, non-exclusive, and nontransferable license to:
(a) download, install, and use the Candoo Solutions for your use on a mobile device (in the case of using our mobile app) or personal computer (in the case of using our web app) owned or otherwise controlled by you (“Your Device”) strictly in accordance with our apps’ documentation; and
(b) access, stream, download, and use on Your Device the content and services made available in or otherwise accessible through the Candoo Solutions, strictly in accordance with this Agreement.
- Reservation of Rights
You acknowledge and agree that the Candoo Solutions are provided under license, and not sold, to you. You do not acquire any ownership interest in the Candoo Solutions under this Agreement, or any other rights thereto other than to use the Candoo Solutions in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Candoo and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Candoo Solutions, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
- Eligibility, Access, and Security
As stated at the outset, the Candoo Solutions are offered and available to users who are eighteen (18) years of age or older, reside in the United States or any of its territories or possessions, intend to use the Candoo Solutions for lawful business purposes only, and meet other eligibility requirements as specified further in this Agreement. By using the Candoo Solutions, you represent and warrant that you are of legal age and capacity to contract with Candoo under applicable law and meet all eligibility requirements specified in this Agreement. If you do not meet the specified requirements, you must not access nor use the Candoo Solutions.
We reserve the right to withdraw or amend the Candoo Solutions, and any service or material that we provide through the Candoo Solutions, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Candoo Solutions is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Candoo to Users.
If you choose, or are provided with, a User name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Candoo account is personal to you and agree not to provide any other person with access to the Candoo Solutions using your User name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your User name or password or any other breach of security.
We have the right to deactivate any User name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provisions of this Agreement. If Candoo deactivates your User account for any reason, you are not permitted to establish a new User account during such period of deactivation.
- Payment and Refund Policy
Within the context of your use of the Candoo Solutions, whether as Pilot or as Customer, Candoo will communicate to you the terms of payment and you agree that such terms are hereby incorporated into this Agreement as if fully stated herein. All prices that we publish or otherwise communicate to you are denominated in United States dollars unless we state differently.
Pilot Payment Conditioned on Customer Payment
As Pilot, you acknowledge and agree that Candoo is not liable to you for payment for services provided pursuant to this Agreement unless and until the Customer has paid Candoo for such services.
No Refunds, One Re-take, Job Site Taken As-Is
As Customer, you acknowledge and agree that payments made to Candoo for the services provided pursuant to this Agreement are non-refundable. Except as stated otherwise in this Agreement, if you as Customer are not satisfied with the initial work product of the Pilot provided pursuant to this Agreement, you are entitled to, and the Pilot agrees to provide, one re-take of the job in question at the Pilot’s sole expense, but only after you have explained to Candoo how the work product fails to satisfy your original request and only if the requested correction falls reasonably within the scope of the original request for services.
As Customer, you take the condition, appearance, and surroundings of the job site being filmed pursuant to this Agreement “as is”. Neither Candoo nor the Pilot is responsible for the state of the job site being filmed pursuant to this Agreement. The services provided under this Agreement do not include any type of preparation of the job site for filming. That fact that you do not like the condition, appearance, or surroundings of the job site will not be a proper ground for requesting a re-take, for refusing to pay for work performed, or for canceling or terminating this Agreement.
- Intellectual Property Rights
All contents, features, and functionality of the Candoo Solutions (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Candoo, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
If you wish to make any use of material in the Candoo Solutions other than that set out in this Agreement, please address your request to: [EMAIL ADDRESS].
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Candoo Solutions in breach of this Agreement, your right to use the Candoo Solutions will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Candoo Solutions or any content therein is transferred to you, and Candoo reserves all rights not expressly granted. Any use of the Candoo Solutions not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
Candoo Drones LLC, the terms [ LIST COMPANY TRADEMARKS (registered or not) ], [ THE CANDOO LOGO ], and all related names, logos, product and service names, designs, badges, and slogans are trademarks of Candoo or its affiliates or licensors (the “Candoo Marks”). Candoo may provide you with Candoo Marks for the sole purpose of identifying yourself as an active Candoo Pilot on your website, social media, and print media. You must not use Candoo Marks for any other purpose without Candoo’s prior written permission. All other names, logos, product and service names, designs, and slogans in the Candoo Solutions are the trademarks of their respective owners.
- Your Information
You may be able to create or log-in to your Candoo User account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”). By connecting to Candoo through an SNS Account, you understand that Candoo may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the Candoo Solutions to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be Your Information.
- Video Content Ownership and Conditional License
“Video Content” is any video, photograph, graphic display, image, or other work product, with or without audio, whether recorded or streamed, which is obtained by a Pilot for delivery to and/or delivered to a Customer in connection with this Agreement. Candoo and you as Pilot acknowledge and agree that the Customer is the sole and exclusive owner of all right, title, and interest throughout the world in and to all Video Content, including without limitation all intellectual property rights such as copyrights, works of authorship, or rights in data and databases, regardless of whether Video Content does or does not qualify as a work made for hire as defined in Section 101 of the Copyright Act of 1976. As Pilot, you further acknowledge and agree that you retain no property or intellectual property rights in the Video Content except that you may use the Video Content for the sole purpose of demonstrating your portfolio of videographic and photographic work as a drone pilot unless precluded or provided otherwise by the Customer. Except as expressly stated in this Agreement or in a subsequent writing signed by Candoo, as Pilot you shall have no right or license to reproduce or use any Video Content. Without limiting the foregoing, as Pilot you may reproduce or use Video Content solely during the Term set forth at Section 25 of this Agreement and solely to the extent necessary to perform the obligations under this Agreement.
As Customer, you grant to Candoo, a non-exclusive, worldwide, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights that Customer has in the Video Content, and to use, copy, perform, display, exploit, and distribute the Video Content and to prepare derivative works of, or incorporate into other works, such Video Content, in any media now known or not currently known, including without limitation for sale and resale. This license will continue in perpetuity regardless of the termination of this Agreement.
- Candoo Communications
By entering into this Agreement or using the Candoo Solutions, you agree to receive communications from us, including via e-mail, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Candoo, its affiliated companies and/or Users, may include but are not limited to: operational communications concerning your User account or use of the Candoo Solutions, updates concerning new and existing features on the Candoo Solutions, communications concerning promotions run by us or our third-party partners, and news concerning Candoo and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. You acknowledge that you are not required to consent to receive promotional calls as a condition of using the Candoo Solutions. If you wish to opt out of calls from Candoo (including operational or transactional calls), you can alert us via our contact form; however you acknowledge that opting out of receiving all calls may impact your use of the Candoo Solutions.
You agree not to use any technical, financial, strategic, and other proprietary and confidential information relating to Candoo’s business, operations, and properties, information about a User made available to you in connection with such User’s use of the Candoo Solutions, which may include the User’s name, filming or inspection location, instructions, photos, and contact information (“Confidential Information”) disclosed to you in connection with the Candoo Solutions for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Candoo with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed in connection with the Candoo Solutions or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Candoo; becomes known to you, without restriction, from a source other than Candoo without breach of this Agreement by you and otherwise not in violation of Candoo’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Candoo to enable Candoo to seek a protective order or otherwise prevent or restrict such disclosure.
- Prohibited Uses
You may use the Candoo Solutions only for lawful purposes and in accordance with this Agreement. In connection with your use of the Candoo Solutions, you agree and acknowledge that you will not:
- violate in any way any federal, state, local, or international law or regulation (including without limitation operating a drone without a license, without authorization, or in an otherwise unlawful manner);
- stalk or otherwise harass any person, or violate the rights of privacy or publicity of any person;
- post, send, solicit, or obtain anything defamatory, fraudulent, violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the sole opinion of Candoo;
- impersonate any individual or entity, or infringe any person’s intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights;
- engage in any other conduct that restricts or inhibits any person’s use or enjoyment of the Candoo Solutions, or which, as determined by us, may harm Candoo or its Users, or expose us or them to liability or reputational harm;
- transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
- hack or compromise in any way the integrity and security of the Candoo Solutions or the computers or devices of any of Candoo’s Users;
- “frame” or “mirror” any part of the Candoo Solutions, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Candoo Solutions or any software used on or for the Candoo Solutions;
- rent, lease, lend, sell, redistribute, license or sublicense the Candoo Solutions or access to any portion of the Candoo Solutions;
- use any robot, spider, or other automatic device, process, or means to access the Candoo Solutions for any purpose;
- use any manual process to monitor or copy any of the material in the Candoo Solutions or for any other unauthorized purpose without our prior written consent;
- allow any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, to be introduced in to the Candoo Solutions;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Candoo Solutions, the servers on which they operate, or any server, computer, or database to which the Candoo Solutions are connected;
- link directly or indirectly to any websites;
- transfer or sell your User account, password and/or identification to any other party;
- use the Candoo Solutions in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments; or
- cause any person to engage in the foregoing prohibited activities.
As a Pilot, you acknowledge and agree that: you perform services under this Agreement as an independent contractor to Candoo and not as an agent or employee of Candoo; this Agreement does not create a joint venture, franchisor-franchisee relationship, partnership, or agency relationship; Candoo has not authorized you to speak or act on its behalf or otherwise to bind it to any liability or obligation; you will furnish your own materials needed to perform under this Agreement; that you yourself are obligated to report as income all compensation that you receive under this Agreement and to pay all self-employment and other applicable taxes; and you will not receive from Candoo any company-sponsored benefits such as, without limitation, paid vacation, sick leave, medical insurance and retirement plan participation.
- Pilot Representations and Warranties
By accessing or using the Candoo Solutions, as a Pilot you represent, warrant, and agree that:
- You have full power and authority to enter into this Agreement and to perform its obligations;
- You possess a valid drone operator license and will comply with all applicable laws in your performance of this Agreement, including without limitation holding and complying with all permits, licenses, registrations, airspace authorizations, and other governmental authorizations necessary to perform this Agreement in all jurisdictions in which you perform this Agreement;
- You are medically fit to operate a drone;
- You own, or have the legal right to operate, the drone(s) that you use when performing under this Agreement, and that each such drone is in good operating condition and meets the industry safety standards and all applicable statutory requirements for a drone of its kind;
- You will not engage in reckless behavior while operating a drone, permit an unauthorized third party to accompany you, operate a drone while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Candoo community or third parties.
- You will not attempt to defraud Candoo or Customers or other Pilots. If we suspect that you have engaged in fraudulent activity, we may withhold applicable compensation or other payments for the flights in question.
- You agree that we may obtain information about you, including your criminal and drone operator records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of this Agreement.
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the drone(s) that you use to perform this Agreement.
- You will pay all applicable federal, state, and local taxes based on your performance under this Agreement and any payments received by you.
- Customer Representation and Warranties
By accessing or using the Candoo Solutions, as Customer you represent, warrant, and agree that:
- You have full power and authority to enter into this Agreement and to perform its obligations;
- You seek to use the Candoo Solutions and the related services for a lawful purpose;
- You will comply with all applicable laws with respect to employing drone filming and inspection services, including without limitation obtaining the appropriate permissions and authorizations to enter on, to film, and to inspect the site in question and/or to film or photograph any individuals present thereon; and
- The information that you provide other Users and/or Candoo to procure services under this Agreement is truthful and accurate.
Customers and Pilots will not contract directly with each other for services that may be otherwise provided through the Candoo Solutions. Candoo reserves the right to exclude you and others acting on your behalf from further use of the Candoo Solutions for violations of this non-solicitation provision at our sole discretion.
- Changes and Updates
We may from time to time in our sole discretion develop and provide updates to the Candoo Solutions, which may include content updates, upgrades, bug fixes, patches, error corrections, and/or new features (together, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Candoo has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on Your Device settings, when Your Device is connected to the internet either:
- the Candoo Solutions will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Candoo Solutions or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Candoo Solutions and be subject to all terms and conditions of this Agreement.
- Linking to the Candoo Solutions and Social Media Features
You may link to the Candoo website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Candoo Solutions may provide certain social media features that enable you to:
- Link from your own or certain third-party websites or apps to certain content in the Candoo Solutions.
- Send emails or other communications with certain content, or links to certain content, in the Candoo Solutions.
- Cause limited portions of content in the Candoo Solutions to be displayed or appear to be displayed on your own or certain third-party websites or apps.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions that we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website or app that is not owned by you.
- Cause any portion of the Candoo Solutions to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Candoo website other than the homepage.
- Otherwise take any action with respect to the materials in the Candoo Solutions that is inconsistent with any other provision of this Agreement.
The website or app from which you are linking, or on which you make certain content accessible, must comply in all respects with the Prohibited Uses set out in this Agreement.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
- Links from the Candoo Solutions
If the Candoo Solutions contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or apps linked to the Candoo Solutions, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Geographic Restrictions
Candoo is based in the state of Connecticut in the United States. We provide the Candoo Solutions for use only by persons located in the United States. We make no claims that the Candoo Solutions or any of their content is accessible or appropriate outside of the United States. Operation of drones generally and access to the Candoo Solutions in particular may not be legal by certain persons or in certain countries. If you access the Candoo Solutions from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Candoo Solutions will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Candoo Solutions for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE CANDOO SOLUTIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE OR APP LINKED TO THEM.
YOUR USE OF THE CANDOO SOLUTIONS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE CANDOO SOLUTIONS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CANDOO NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE CANDOO SOLUTIONS. WITHOUT LIMITING THE FOREGOING, NEITHER CANDOO NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT CANDOO SOLUTIONS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE CANDOO SOLUTIONS OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CANDOO SOLUTIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, CANDOO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Acts of Others
Under no circumstances, including termination or cancellation of your use of the Candoo Solutions, will we be liable for any losses related to actions of other Users.
Location data provided by the Candoo Solutions is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Candoo Solutions, nor any of its licensors or affiliates, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Candoo Solutions. Any of Your Information, including geolocational data, you upload, provide, or post in the Candoo Solutions may be accessible to Candoo and certain Users of the Candoo Solutions.
Candoo advises you to use the Candoo Solutions with a data plan with unlimited or very high data usage limits, and Candoo shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Candoo Solutions.
Apple App Store
This paragraph applies to any version of the Candoo Solutions that you acquire from the Apple App Store. This Agreement is entered into between you and Candoo. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Candoo Solutions. Candoo, not Apple, is solely responsible for the Candoo Solutions and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
- Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CANDOO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE CANDOO SOLUTIONS, ANY WEBSITES OR APPS LINKED TO IT, ANY CONTENT ON THE CANDOO SOLUTIONS OR ON SUCH OTHER LINKED WEBSITES OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Candoo, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Candoo Solutions, including, but not limited to, any use of the Candoo Solutions content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Candoo Solutions.
- Term and Termination
- The term of this Agreement commences when you acknowledge the terms and conditions of this Agreement permitting you then to access, download, or install the Candoo Solutions. The term will continue in effect until terminated by you or Candoo as set forth in this section.
- You may terminate this Agreement by deleting the Candoo Solutions and all copies thereof from Your Device.
- Candoo may terminate this Agreement at any time without notice. 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:
- except as provided in Sections 2, 4, 7, 8, 9-10 (with respect to license), 11-16, and 22-28, which shall survive any expiration or termination of this Agreement, all rights granted to you under this Agreement will also terminate; and
- you must cease all use of the Candoo Solutions and delete all copies of the Candoo Solutions.
- Termination will not limit any of Candoo’s rights or remedies at law or in equity.
- Governing Law and Jurisdiction
All matters relating to the Candoo Solutions and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Candoo Solutions shall be instituted exclusively in the U.S. District Court for the District of Connecticut or the courts of the State of Connecticut. Candoo retains the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Waiver and Severability
No waiver by Candoo of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Candoo to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
- Entire Agreement
- Your Comments and Concerns
The Candoo Solutions are operated by Candoo Drones LLC, 20 Church Street, Hartford, Connecticut 06103-1246.
Feedback, comments, requests for technical support, and other communications relating to the Candoo Solutions should be directed to: firstname.lastname@example.org.