Beta Services Terms
Terms that apply to any DroneDeploy “beta” services
These Beta Services Terms (“Terms”) describe your rights and responsibilities when accessing the Beta Services (defined below). These Terms supplement any other active, duly executed contract that you have with DroneDeploy, and any definitions used in such agreement apply to these Terms. To the extent of any conflict or inconsistency between the provisions in these Terms and the Agreement, these Terms shall control.
By indicating your acceptance to these Terms, or enabling or using a Beta Service, you agree to be bound by these Terms on behalf of the owner of the account you are registering or using (such owner, “Customer” or “you”) and represent that you are authorized to bind them to these Terms. If you do not have such authority or do not agree to these Terms, you may not use the Beta Services.
We may modify these Terms from time to time. We will post notice of modifications to these Terms on this page. If you do not agree to the modified Terms, you should discontinue your use of the Beta Services.
- Beta Services. From time to time, DroneDeploy may make certain Services, features or functionality available to Customer, at no charge, which may be designated by DroneDeploy as a beta, pilot, limited release, developer preview, non-production, evaluation, or by a similar description, to be used in conjunction with or separate from the Services, as applicable (“Beta Services”). Pursuant to the terms hereof, DroneDeploy agrees to allow Customer to test and evaluate the Beta Services and Customer may choose to try such Beta Services or not in its sole discretion. Beta Services are intended for evaluation purposes, are not generally available, may contain bugs and errors, and may be subject to additional terms as set forth in any associated documentation. Customer acknowledges that DroneDeploy may utilize the services of certain additional Subprocessors to provide the Beta Services, which will be identified at https://dronedeploy.com/legal/subprocessors (the “Service-Specific Subprocessors”), and Customer hereby authorizes DroneDeploy to engage the Service-Specific Subprocessors.
- No Performance or Uptime Warranties. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE BETA SERVICES ARE PROVIDED “AS-IS” WITH RESPECT TO THEIR PERFORMANCE, SPEED, FUNCTIONALITY, SUPPORT, AND AVAILABILITY AND DRONEDEPLOY WILL HAVE NO LIABILITY OR OBLIGATION FOR ANY HARM OR DAMAGE ARISING FROM DEFICIENCIES THEREWITH.
- Feedback. Customer agrees to provide ongoing feedback to DroneDeploy regarding the Beta Services. Customer grants DroneDeploy an unlimited, irrevocable, perpetual, sublicensable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to Customer or any Authorized User.
- Publicity. Provided that DroneDeploy obtains Customer’s prior written consent (via email is permitted), DroneDeploy may use Customer’s name or logo or upon DroneDeploy’s request, a mutually-agreed upon comment, quotation or statement related to Customer’s use of the Beta Services, each of which may be used by DroneDeploy as a reference for marketing or promotional purposes in connection with the Beta Services (“Publicity Rights”). The parties acknowledge and agree that Publicity Rights are not a requirement for Customer to test or evaluate the Beta Services.
- Confidentiality. Subject to the “Publicity” section, Customer agrees that any associated functionality or product information; any features or functions of the Beta Services that are disclosed by DroneDeploy to Customer and are not publicly available including, without limitation, non-public or pre-release tools, products, environments or APIs and any associated documentation, and any and all data or information contained therein; and Customer’s participation in the Beta Services program constitute DroneDeploy’s Confidential Information, as defined in the Agreement.
- Limitation of Liability. IN NO EVENT SHALL DRONEDEPLOY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT DRONEDEPLOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DRONEDEPLOY’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Term and Termination. Notwithstanding anything to the contrary in the Agreement, these Terms commence on the date you indicate your acceptance to the Terms, or enable or use a Beta Service, whichever is earliest, and will remain in effect unless either party provides written notice of termination upon ten (10) days’ written notice to the other. Customer’s right to use any particular Beta Service will commence on the date DroneDeploy makes such Beta Service available to Customer, and will end on the earlier of (a) the date DroneDeploy makes such Beta Service generally available within, or as an add-on to, the Services, or (b) the termination date of such Beta Service following ten (10) days’ written notice by Customer. Customer acknowledges and agrees that DroneDeploy may discontinue making any particular Beta Service available to Customer at any time in its sole discretion, and may never make the Beta Service generally available as part of, or an add-on to, the Services, and that its decision to purchase the Services was not and is not contingent on the delivery of any future functionality or features within the Beta Services. Sections 1, 3, 4, and 6-8 shall survive termination of these Terms.