General Terms of Use

Drone piloting and navigation - Drone Volt Pilot

1. Introduction

The Drone Volt Pilot application is published by Drone Volt, a French corporation (“société anonyme”) with a share capital of €369,431.40, registered with the Companies Register of Bobigny, under number 531 970 051 00037, having its principal place of business located 14, rue de la Perdrix, 93420 Villepinte, France.
Drone Volt has developed the application and related services available on mobile phones and digital tablets through its mobile application that can be downloaded on platforms [e.g. iOS, Android].
By using the application (“(Drone Volt Pilot)) application”), any individual or legal entity (“User” or “You”) represents and warrants Drone Volt the following:
 - to have read the Drone Volt Pilot Terms of Use and to agree to be bound by them without reservation;
 - to have kept a copy of the Drone Volt Pilot Terms of Use on a durable medium, whether hard copy (printout) or digital copy (saved file);
 - to have capacity within the meaning of the law;
 - to have any rights and authorizations as may be required in the country of use to access Drone Volt’s application features.
Any objection or contestation to the Drone Volt Pilot Terms of Use will be interpreted as a refusal to agree to them. If you do not agree to or cannot comply with the Drone Volt Pilot Terms of Use, you should not use the application, stop using it or uninstall it, as the case may be.

You represent and warrant Drone Volt to be the legal age of majority under the law applicable in the territory in which you use or intend to use the Drone Volt Pilot application and to be fully able and competent to abide by and comply with the terms, conditions, obligations, affirmations, representations set forth in these Terms of Use. You represent and warrant Drone Volt that you undertake to abide by and comply with these Terms of Use and have obtained all necessary consents, licenses and authorizations required to perform and fulfill your obligations hereunder according to the law applicable in the territory in which you use or intend to use the Drone Volt Pilot application. If you are not of age under the law applicable in the territory in which you use or intend to use the Drone Volt Pilot application, you must not use the application Drone Volt Pilot application. If you are not of age, your user account can be deleted or blocked by Drone Volt without prior notice, if we find out that you lied to us about your actual age. Your user account is personal. You may not authorize any third party to use your account. You represent and warrant that you will hold only one user account at all times.

2. Changes to Drone Volt Pilot application Terms of Use

Drone Volt reserves the right to make changes to all or part of these Terms of Use at any time without notice, simply by posting such changes. Without prejudice to the foregoing, we encourage you to review the Drone Volt Pilot application Terms of Use regularly and save them on a durable medium.

3. Definition

For purposes of these Terms of Use, the following terms will have the meanings below:
 - “application” means software developed by Drone Volt, composed of a graphical interface, accessible from your smartphone or tablet, with which you interact with the application features and allowing you to pilot a drone, take pictures or make videos from a drone, and interconnect with social networks;
 - “user” means an individual who downloaded the application and acting for non-business purposes.

4. Scope

These Terms of Use will apply when you download, install and/or use the Drone Volt application and one or more of the application features. When using the Drone Volt application features, you may be subject to other terms and conditions including when:

 - using our Website. In such case, you will also be subject to our Website Terms of Use;
 - purchasing one or more products or services through our Website. In such case, you will also be subject to our General Sales Conditions.

5. Application features

The Drone Volt Pilot application allows you to control the navigation of drones via a Smartphone or a tablet on which the application has been previously downloaded and installed, to take pictures, to make videos, and to interconnect with the main social networks.

6. Prerequisites and update

You need download the application on your Smartphone or tablet before using it. The application download and the exchange of data between the application and the social networks require an Internet network connection that you have to supply. However, some application features can be used without Internet connection.
Please visit our Website to find out if the application is compatible with your drone. Just because you may be able to download the Drone Volt application does not mean that your Smartphone or tablet is compatible with the Drone Volt Application. You must comply with the terms and conditions of the online store used to download the application for your Smartphone or tablet. The application will be updated in accordance with the update policy of Drone Volt and the update policy of the online store used to download the application for your Smartphone or tablet.
Drone Volt hereby informs you that the update of the application or of one or more of the application features may include substantial modifications of the application and/or one or more of the application features. Drone Volt cannot guarantee the continuity and permanence of any features available through the application. Drone Volt further informs you that the features available through the application may vary depending from where you download or log in to the application.

7. Use of the application

Any use and/or installation of the application is subject to these Terms of Use. You acknowledge and agree that you have obtained from Drone Volt all the necessary information about the features offered through the application. The data presented to you through the application may not be accurate. Consequently, the data presented to you through the application may not form the basis of an action or claim against Drone Volt.

By using the application and/or the application features, you shall not:

 - use the application in a manner inconsistent with any applicable law or regulations and third party rights, including but not limited to intellectual property rights and privacy;
 - act in any manner that may harm Drone Volt or any user of the Application;
 - fraudulently introduce any data on or through the Application;
 - adversely affect, interfere with, distort the proper operation of the Application or use it in any manner that may harm the rights of third parties or Drone Volt;
 - probe, scan, or otherwise technically analyze the Application;
 - test the vulnerability, performance and features of the Application for reasons other than the ones strictly necessary to use the Application.

8. Drone and and operating systems compatibility

Before any use, you are responsible to check if your drone is compatible with the Application. To date, the Drone Volt Pilot Application is compatible with Apple iOS 8.1 operating system and above. The Application will soon be compatible with Android OS 3.2 and above.

9. Terms of access

Access to the mobile Application is subject to the conditions available on http://www.dronevoltpilot.com and requires an access to the Internet or a mobile network. All access costs, including hardware, software and Internet access, will be borne exclusively by the User. The User is solely responsible for the proper operation of his/her mobile equipment and Internet access.

The service is available 24x7. However, Drone Volt reserves the right, without prior notice or compensation, to temporarily or permanently close all or part of the Application or access to one or more of its services, including, without limitation, to perform updates, maintenance operations, modifications or changes to operational methods, servers and hours of availability. Drone Volt will not be liable for damage of any kind that may result from these changes and/or from temporary unavailability or permanent closure of all or part of the Application or one or more of its services. Drone Volt reserves the right to supplement or modify at any time the Application depending on the evolution of technology. In case of interruption or inability to use the mobile application, the User can contact Drone Volt customer service for information: http://www.dronevoltpilot.com .

10. Application features and/or services

10.1 User identification and connection
You may need to create a user account before connecting, accessing and using the application and/or one or more of the application features.
To avoid unauthorized access to your account, there are some rules that are you requested to follow: you have to verify that your password is sufficiently secured (sufficient number of characters, mixed case, various alphanumerical characters, etc.), and to log out of your session when exiting the application. If you do not log out and a third party accesses your account, this will be construed as an implicit authorization given by you to such third party. Drone Volt reminds you that access to your user account gives access to your personal data. Any connection to your account from a third party to whom you have given your prior consent will be made under your own responsibility.

10.2 Related services
The Application comes with related services such as:
 - take pictures;
 - make videos.
These services may evolve in the future and include for instance the possibility of recording sounds.
Some services offered from the Application are subject to a fee and therefore require acceptance of the pricing conditions and general sales conditions specific to these services. No refund will be made if you stop using the Application.

11. Use of Application

The Application and/or the Application features contain information and material protected by intellectual property.

11.1 License to use
Drone Volt or its assigns grant you a simple right to use the Application, the updates and the developments. The license is granted for personal use only in accordance with these Terms of Use. The license granted by Drone Volt is revocable, non-exclusive, non-transferable and worldwide. Consequently, you acknowledge that the Application, updates and developments are not sold to you and that you do not have any property rights therein.

The Application is composed of elements such as text, interfaces, photographs, graphics, pictures, browsing means, logos, designs, computer codes, music, software, fonts or any other element containing any Intellectual property rights owned by or licensed to Drone Volt or its assigns to be incorporated into the Application directly and/or indirectly.

11.2 Obligations of the User

11.2.1 General obligations when using the application
The User agrees to use the Application only in the conditions set forth in these Terms of Use and agrees not to :
 - reverse engineer, extract, decompile, improve, modify, market, rent, translate the Application;
- infringe, reproduce, download, perform, modify all or part of the Application;
 - access and/or remain in the Application, understood as an automated data processing system. The following is therefore prohibited and subject to criminal penalties: any unauthorized access to or remaining in such a system; any interference with or alteration of the functioning of the Application or any introduction, deletion or modification of the data contained therein;
 - hamper the proper functioning of the Application, and in particular introduce viruses or other technologies which are harmful for the Application or the services offered by the Application.

The user is solely responsible for his/her use of the Application and related services. The user undertakes to use the Application in a fair manner and in accordance with these Terms of Use, applicable laws and regulations, including laws relating to intellectual and industrial property. Drone Volt reserves the right to suspend the use of the Application for any User who does not comply with these Terms of Use and to provide all necessary information to the competent law enforcement authorities. The User also agrees not to access the applications of Drone Volt by any means other than by downloading the Application distributed by Drone Volt from the lawful platforms.

11.2.2 Obligations specific to the use of a drone
When using the application, the User is prohibited from:
 - using the application in any manner that would be contrary to the laws and regulations of the territory of the state in which the user has downloaded and installed the Drone Volt application.
Consequently, the user agrees to comply with the laws and regulations in force in the territory of the state in which he/she uses the application on the use of airspace by drones. For France, the user is informed that these statutory and regulatory provisions are specified in the Decree of 17 December 2015 on the use of airspace by unmanned aircrafts (available on the website of the French Civil Aviation Authority (Direction générale de l’aviation civile)). For the United States, the user is also informed that the legal provisions are specified in the 112-95 Act, Chapter 112-95 Title III, Subtitle B - Unmanned Aircraft Systems (available on the website of the Federal Aviation Administration). Compliance by the user with the statutory and regulatory provisions may include, according to the states and locations where the application is used:
 - flight restrictions depending on the location where the application is used. The user must maintain the drone far from populated areas or risky areas (such as train stations, airports, power lines, buildings, military areas, nuclear power plants) and total or partial no-fly zones (such as military areas, airports, etc.);
 - a requirement to register the drone with government bodies (e.g. in the USA users are required to register with the FAA);
 - a minimum age requirement for using the drone. When using the drone, the user undertakes to respect the privacy and right of personal of portrayal of individuals.

11.2.3 Information of User
The user is informed that using the drone in unfavorable meteorological conditions (rain, strong wind, snow) or if visibility conditions are inadequate (at night, in fog) may present risks, in particular in terms of security. Drone Volt can use geolocation technology to customize the use of its services. The collected data can include GPS coordinates, the IP address of the terminal used, or information on where the drone and the user are located when the application is used. This data is stored temporarily and deleted regularly. The location data is made anonymous and does not in any case allow the identification of the user. If the user does not wish to take advantage of Drone Volt’s location-based services, the User can, if the application permits, disable this feature by refusing the geolocation when the application opens or by changing the settings of his/her Smartphone or tablet.

12. Intellectual property

12.1.1 Elements of Drone Volt
Nothing in these Terms of Use transfers any kind of intellectual property rights on the elements belonging to Drone Volt. The application, trademarks, drawings, models, images, texts, photos, logos, graphical charters, software and programs, databases, sounds, videos, domain names, designs and all other elements which compose the application, with the exception of third party elements such as defined below, are the exclusive property of Drone Volt and are protected by intellectual or industrial property rights recognized by applicable laws. Any reproduction and/or representation of all or part of any of these elements without the express authorization of Drone Volt is prohibited and constitutes an infringement. As a result, the user is forbidden from any act or action likely to directly or indirectly damage the intellectual property rights of Drone Volt.

12.1.2 Thrid-party elements /features
Some elements and/or features owned by third parties can be integrated into the application to provide additional services or features. These third-party elements and/or features are the exclusive property of their author and can be protected as such by copyright, trademark or any other rights recognized by applicable laws.
The user agrees not to directly or indirectly infringe any third party proprietary rights in the contents of the application and is prohibited from using these elements in any manner whatsoever. The user agrees to respect all the rights of the third parties whose elements are present on the Application.

13. Links to Internet and/or social networks

The application and/or some features may allow the user to connect directly to the Internet and social networks. The user is expressly informed that the social networks and sites he/she may access via the application do not necessarily belong to Drone Volt. Drone Volt shall not be liable for the content of the information provided on these sites and/or social networks through the hyperlink activation and/or interconnection from the application and for the privacy policies of these sites. The user shall have no claim against Drone Volt for loss or damage of any kind caused by the activation of these links.

14. Exclusion of warranty

THE APPLICATION IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED WITHOUT WARRANTY OF ANY KIND. DRONE VOLT EXPRESSLY EXCLUDES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DRONE VOLT OR THROUGH OR FROM THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
DRONE VOLT, ITS SUBSIDIARIES AND LICENSORS DO NOT WARRANT (i) THAT THE CONTENT OF THE APPLICATION IS ACCURATE, RELIABLE, OR CORRECT; (ii) THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; (iii) THAT THE APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (iv) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (v) THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DRONE VOLT DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION OR ANY OTHER WEBSITE OR SERVICE. DRONE VOLT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
SOME STATE OR REGIONAL LEGISLATIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF USE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS UNDER APPLICABLE LAW.

15. Limitation and exclusion of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRONE VOLT, ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL PUNITIVE 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 APPLICATION. UNDER NO CIRCUMSTANCES WILL DRONE VOLT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APPLICATION OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRONE VOLT 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 APPLICATION; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS OF DRONE VOLT AND/OR ANY AND ALL INFORMATION STORED THEREIN; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (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 APPLICATION; AND/OR (vii) USER OR DEVELOPER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL DRONE VOLT, ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING (I) THE AMOUNT YOU PAID TO DRONE VOLT UNDER THESE TERMS OF USE OR (II) €100 (ONE HUNDRED EURO), WHICHEVER IS GREATER.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE APPLICATION.

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

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF USE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS UNDER APPLICABLE LAW.

16. Indemnification and breach of contract

You agree to defend, indemnify and hold harmless Drone Volt and its subsidiaries, directors, employees, suppliers or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the application, including any data or content transmitted or received by you; (ii) your violation of any term of these terms of use (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) your violation of the rules regulating the use of drones such as referred to in Article 9; (vi) your willful misconduct; or (vii) any other party’s access to and use of the application with your username, password or other security code. Drone Volt shall not be liable to you or any third party for the interruption of your access to the application arising out of or related to your breach of these Terms of Use.

17. Personal data

At Drone Volt, we take your privacy very seriously.
You can read our privacy policy on our website at http://www.dronevoltpilot.com/en/privacy/.
By using the application, you agree that Drone Volt collects, processes and uses your personal data, including the following data: full name, postal address, email address, phone number, drone serial number, IP address, geolocation data, error logs and flight data (date, time and location). Personal data is collected and processed via the application in compliance with applicable legislation on the protection of personal data. Any processing of personal data submitted through the application is implemented under the responsibility of Drone Volt, having its principal place of business located 14, rue de la Perdrix 93 420 Villepinte (France), registered with the Companies Register of Bobigny under number 531 970 051. The personal data collected on the application are solely intended for Drone Volt and its subsidiaries. Your personal data may be used to help Drone Volt in improving its customer service, products and services.
You have a right to access, rectify or delete your personal data at any time by sending a request at: dvpilot@dronevolt.com .

18. Security

Drone Volt makes its best efforts, in accordance with the rules of the art, to secure the application and its features. However, given the complexity of the internet, it cannot guarantee absolute security. The user agrees to the characteristics and limitations of the Internet.
The user acknowledges that he/she is aware of the nature of the Internet network, and in particular of its technical performance and response times to consult, query or transfer data from the application.
The user must inform Drone Volt of any application failure.
The user is aware that the data circulating on the Internet are not necessarily protected, particularly against possible misuse. The user agrees to take all appropriate measures to protect his/her own content, data and/or software from contamination by viruses on the Internet network.

19. Legal compliance

The user must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

20. Miscellaneous

The parties agree to perform their obligations with utmost good faith. The parties agree that that any tolerance of a situation by one party shall not grant the other party any rights in that respect and that such a tolerance shall not be construed as a waiver of the rights in question. These Terms of Use may not be assigned, in whole or in part, whether for consideration or free of charge, by the user. Headings are for convenience only and in the event a difficulty of interpretation arises out of a contradiction between any of the headings and the content of the clauses, headings shall be deemed to be non-existent. If one or several provisions of these Terms of Use were to be held invalid or so declared by a law, a regulation or a final decision having res judicata effect rendered by a court having proper jurisdiction, the other provisions shall remain in full force and effect. These Terms of Use constitute the entire agreement between the parties. Any notification or communication between you and Drone Volt can be made by any electronic means. You hereby acknowledge and agree that Drone Volt can send you any information by electronic and digital means that may directly or indirectly relate to your user account. These Terms of Use will be archived on a reliable and durable medium that can be produced as evidence. The Terms of Use are written exclusively in English. In case of conflict before a French court, the English language version will be considered as legally valid.

21. Applicable law

Unless required by any mandatory legal provision, these Terms of use shall be governed by French law. French law shall apply to both form and substance, notwithstanding the place of performance of the essential or ancillary obligations. Unless required by any mandatory legal provision, any dispute between the user and Drone Volt not settled through an amicable procedure shall be submitted to the competent courts within the jurisdiction of the Court of Appeals of Versailles.