360 Drone Booth Software Terms of Use Agreement

Thank you for your interest in our Autonomous Orbiting Software, AOS, (The Software) offered by 360 Motion Labs LLC (“360ML” or “we”). Drone Accessories offered by 360ML, DJI, or other third parties, (Drone Accessories) are also covered by this cover in this Agreement. Please read the following Terms of Use Agreement carefully. By activating the Software via mobile or tablet and tapping on “I have read, understand, and agree to the Terms of Use”, you acknowledge that you have read, understood, and agree to be bound by the following Terms of Use (these “Terms”).

DJI, Da-Jiang Innovations (Great Frontier Innovations'), is a Chinese technology company headquartered in Shenzhen, Guangdong (DJI), is a manufacturer of drone models that are compatible with the Software. 360ML is not affiliated with DJI, but leverages their Software Development Kit (SDK) to interface with certain DJI drone models.

The Software is to be used in conjunction with your purchase DJI drone. Only certain DJI drone models are supported by the software.

YOU ACKNOWLEDGE AND AGREE TO ALL TERMS IN THIS AGREEMENT

REQUIREMENT FOR RECEIVING YOUR SOFTWARE KEY
Once your purchase is complete, please send through a photo of your Mini 3 Pro with the official DJI propeller guards installed with your photo ID (and state or government issued ID) also within the photo. The DJI propeller guards are important for safety, but also the propeller guards are taken into account in terms of weight when flying.

REQUIREMENT RECEIVING YOUR SOFTWARE KEY
Once your purchase is complete, please send through a photo of your Mini 3 Pro with the official DJI propeller guards installed with your photo ID (and state or government issued ID) also within the photo. The DJI propeller guards are important for safety, but also the propeller guards are taken into account in terms of weight when flying.

FAA TRUST CERTIFICATION
You are required to complete the FAA TRUST test (Recreational UAS Safety Test), in which you will also agree to this important statement: AS THE OPERATOR, YOU ARE IN CONTROL AND RESPONSIBLE FOR ALL DRONE ACTIONS AND OPERATIONS. The TRUST test and certification is a free service, and the test can be taken as many times as required to pass. Details for taking the TRUST test can be found on the 360ML website or perform a standard internet search.

AS THE OPERATOR, YOU ARE IN CONTROL AND RESPONSIBLE FOR ALL DRONE ACTIONS AND OPERATIONS
Regardless of any autonomous features and assistance, you as the operator agree to assume all responsibility for the flight of the drone and safe flying. The DJI Remote Controller (RC) offers you complete control of the drone at any time. You must review the Software guide and all DJI instructions and guides to ensure you are 100% understanding on how to control the drone with the RC. Additionally there is an emergency land function easily accessible within the Software. AS THE OPERATOR, YOU ARE IN CONTROL AND RESPONSIBLE FOR ALL DRONE ACTIONS AND OPERATIONS

INSURANCE
As with any event experience, securing appropriately is important, and 360ML can not stress the importance of ensuring you have the correct insurance when flying. For this type of experience you will want to purchase a Drone/UAV policy with a minimum liability limit of $1,000,000 and minimum of $5,000 in medical expense payments. These limits are just loose recommendations, you will want to select the correct limits based on your situation. 360ML is not responsible for any insurance policy decisions. When the insurance is secured, be sure to list 360 Motion Labs LLC as an additional insured of the policy. The below holder information is to be used.

Additional Insured and Holder for COI:
360 Motion Labs LLC
18 Wilson Way
Phoenixville, PA 19460

Three insurance companies that make it relatively easy to obtain Drone/UAV insurance right online within the United States are RVNA: rvnuccio.com, REIN: droneinsurance.com, and SkyWatch Insurance: skywatch.ai. 360ML has no relation to RVNA, REIN, or SkyWatch Insurance nor promotes or benefits from its products or services. Common steps to purchasing insurance can be found here:
https://360dronebooth.com/understanding-part-107-and-insurance

You want to ensure you have purchased insurance as it relates to liability in regards to injury and damages to property and people. If you would like to purchase liability insurance for the drone itself, that is at your discretion.

If you do not reside in the United States, similar policies to the above requirements will be reviewed, and if validated by 360ML, will be accepted as satisfying this requirement. If a Drone/UAV policy is not available in your country, 360ML may grant exceptions at its own discretion.

You must operate your drone in accordance with the coverage in your insurance policy, which includes the region that you are operating the drone. Like other insurance  policies, they are only valid for the country you are in, and sometimes adjacent countries with similar laws. For instance, a policy purchased through RVNA is only valid for use in the United States and Canada.

With any insurance policy, Drone/UAV or not, you must be aware of the exclusions before and after purchase of the policy and avoid circumstances that involve these exclusions. For instance, the above referenced RNVA policy may have the following exclusions:

Music Concerts
Music Festivals
Operations or activities involving events with over 1,000 attendees

Per the above, if you plan to use the 360 Drone Booth Software in a venue or structure with more than 1,000 people, you will need to display signage in a prominent location: Welcome to the Event Name 360 Drone Event. Thank you for attending. The Event Name would be wording of your choice, which will isolate your drone event from any other event in the proximity.

360ML is not liable for any interpretation of terms within your insurance policy, exclusions within the policy, or you operating the 360 Drone Software or drone outside the intended meaning of terms or exclusions of your policy.

Exceptions to the insurance requirement will need to be made in writing by 360ML. If an exception is granted, other requirements may need to be met to maintain a valid Software license and continued use of the Software.

INDOOR USE
The Software in conjunction with the drone has only been tested indoors, as such it’s intended use is indoors. Any outdoor testing or deployment you perform is considered outside the intended and recommended use. Any outdoor commercial Drone/UAV flying requires an FAA Part 107 registration certification.

ENVIRONMENTAL LIGHTING
The indoor environment you are flying within needs to be at least 20 LUX in the darkest part of the flight path. If any part of the flight path is less than 20 LUX the drone will not be able to fly safely as it uses optical sensors and cameras to aid in flying. If you are in the situation of low light, less than 20 LUX, you will need to supply additional lighting or use the optional light accessory.

BE AWARE AT ALL TIMES
You must also be aware of the environment that you are flying within, ensuring that safe flight is possible. Environments can change quickly, each flight you must be aware of the environment. You must also inspect the drone before each flight to ensure all components are in good working order.

PROPELLER GUARDS:
At all times that the Software is in use, you must outfit the drone with DJI brand propeller guards. The propeller guards must be in good working condition and inspected after each flying session for any breakage. If the drone is not outfitted with working DJI brand propeller guards, then you agree not to use the Software.

IMU AND COMPASS CALIBRATION:
If at any time the drone is not acting as expected, i.e. circles/orbits are oddly shaped or the drone has trouble getting back to the helipad, you must immediately stop operation of the drone and inspection and repair of all physical components have been completed, after which you are required to perform an IMU and compass calibration. Please refer to the DJI drone manual or the DJI Fly iOS app for instruction on how to perform the IMU and compass calibration.

PROOF OF CERTIFICATIONS
At any time 360ML can request proof of a valid TRUST FAA TRUST test (Recreational UAS Safety Test). If operating outside the United States, similar registration and certifications as they relate to laws and regulations within the country you are operating within or reside in, can be requested by 360ML. These documents must be digitally furnished to 360ML within 1 business day. Failure to produce these documents may result in disabling the Software and voiding this agreement.

BINDING ARBITRATION AND NO CLASS ACTION
Subject to the country specific provisions below, these Terms provide that all disputes between you and 360ML will be resolved by binding arbitration. You agree to give up your right to go to court to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action. Please review Section 10 (“Dispute Resolution and Arbitration”) of the Software Terms for the details.

NO WARRANTIES AND LIMITED LIABILITY. 
Notwithstanding any damages that you might incur, the entire liability of 360ML and any of its entities under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to $50 USD. To the maximum extent permitted by applicable law, in no event shall 360ML or its entries be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Software, accessories, third-party software and/or third-party hardware used with the Software or drone, or otherwise in connection with any provision of this Agreement), even if 360ML or any entity has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Subject to the country specific provisions below, the Software is provided “as-is” and without warranties of any kind, and 360ML’s liability to you is limited. Please review Section 6 (“Disclaimers; No Warranties”) and Section 7 (“Limitation of Liability”) of the Software Terms for the details.

SOFTWARE IS NOT A TOY BUT ASSISTANT IN PILOTING A COMPLICATED AIRCRAFT
While the Software adopts the most advanced technology, inappropriate use of the Software could result in personal injury or property damages. Please read all User Manuals, Quick Start Guides, Disclaimer and Safety Guidelines, Intelligent Flight Battery Safety Guidelines and any other materials associated with the Software and your DJI before your first use of the Software. These documents are included in the Software package and are also available online on the 360 Drone Booth page at https://www.360DroneBooth.com

LIMITED LICENSE
360ML grants you a one year,  renewable,  revocable, non-refundable, non-transferable, non-sublicensable, limited license to access and use the Software for their intended purposes only. YOU WILL NOT “HACK”, “CRACK”, MODIFY THE Software INCLUDING ITS FLIGHT SAFETY FEATURES. YOU WILL NOT OPERATE THE Software OVERRIDING THE FLIGHT SAFETY LIMITATION. ANY USE OF THE Software OTHER THAN AS SPECIFICALLY AUTHORIZED HEREIN, WITHOUT THE PRIOR WRITTEN PERMISSION OF 360ML, IS STRICTLY PROHIBITED AND WILL TERMINATE YOUR RIGHT TO ACCESS YOUR ACCOUNT OR USE THE Software. Please review Section 4 (“Your Obligations”) of the Software Terms for the details.

INTELLECTUAL PROPERTY
The Software, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of 360ML.

IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO ANY OF ALL TERMS IN THIS AGREEMENT, THEN YOU MAY NOT USE THE SOFTWARE.

1. ELIGIBILITY.

You must have an active license purchased or renewed at 360dronebooth.com website to activate the Software. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age, or if you are under 18 years old (or the relevant age in your jurisdiction where you are considered a minor), you present that your parent or legal guardian has read these Terms and agrees to be bound by these Terms on your behalf; (b) you have or will have a 360ML account at such time that you attempt to activate the Software; (c) your activation and your use of the Software is in compliance with all applicable laws and regulations; and (d) if you are agreeing to these Terms or using the Software on behalf of an entity, organization, company, or individual, you have the authority to bind that organization or individual to these Terms and you agree to be bound by these Terms on behalf of that organization or individual.

2. FEEDBACK.

If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Software (“Feedback”), then you hereby grant 360ML an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments or notice to you for such exploitation.

3. MATERIALS.

The visual interfaces, graphics, design, firmware, software, services, and all other elements of the Software (“Materials”) provided by 360ML are protected by intellectual property and other laws. All Materials contained in the Software are the property of 360ML or our third-party licensors. 360ML reserves all rights to the Materials not granted expressly in these Terms.

User Manuals, instructions and other material about Software functions and specifics are 360ML confidential Materials. Users are licensed to use these materials only for purposes of operating and using the Software. Unless otherwise authorized in this Terms, you are not eligible to use or allow others to use the Materials or any part of the Materials by reproducing, transferring or selling the Materials.

4. YOUR OBLIGATIONS.

By using the Software, and by entering into these Terms, you represent and warrant that your use of the Software and your involvement of events or activities incidental to your use of the Software comply and will comply with all applicable laws, statutes, and regulations, and that you will not use the Software except as expressly permitted under these Terms or otherwise authorized by 360ML. A yearly or monthly license fee may be applicable to use the software which can vary over time and will be published at the 360 Drone Booth website : https://www.360dronebooth.com. You further agree not to:

Attempt to “hack”, “crack”, reverse engineer or modify the Software, or discover, download or publish source code, bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Software;

Operate or connect the Software with unauthorized third-party devices or software;

Override 360ML geo-fencing system, maximum flight height limitation or otherwise modify any flight safety features of the Software.

BREACH OF YOUR OBLIGATIONS HEREIN MAY RESULT IN THE TEMPORARY OR PERMANENT SUSPENSION OF YOUR SOFTWARE OR YOUR ACCOUNT AND LOSS OF ACCESS TO THE CONTENT ASSOCIATED WITH THE ACCOUNT.

5.INDEMNITY.

You are responsible for your use of the Software. You will defend and indemnify 360ML and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “360ML Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) use or alleged use of the Software; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

FOR EU USERS THE FOLLOWING SECTIONS APPLY:

You are responsible for your use of the Software. You agree to compensate in full 360ML and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “360ML Entities”) from and against every claim, liability, damage, loss, and expense, including reasonably foreseeable attorneys' fees and costs, arising out of or in any way connected with: (a) use or alleged use of the Software; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. If, at 360ML’s request, you permit 360ML, to assume the exclusive defense and control of any matter for which you are required to compensate us under this paragraph (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

FOR AUSTRALIAN USERS THE FOLLOWING SECTIONS APPLY:

You are responsible for your use of the Software. You will defend and indemnify 360ML and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “360ML Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) negligent use or alleged negligent use of the Software; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

6.DISCLAIMERS; NO WARRANTIES.

6.1 NO WARRANTIES.
THE SOFTWARE AND ALL FEATURES, AND CONTENT AVAILABLE THROUGH THE SOFTWARE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE 360ML ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SOFTWARE, DRONE ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE 360ML ENTITIES OR THE SOFTWARE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SOFTWARE, DRONE ACCESSORIES, AND ANY MATERIALS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SOFTWARE) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE.

6.2 DISCLAIMER.

NOTHING IN THIS SECTION 6.2 LIMITS YOUR RIGHTS AND STATUTORY GUARANTEES AS DESCRIBED IN SECTION 6.1. THE SOFTWARE AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE SOFTWARE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE 360ML ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE, DRONE ACCESSORIES, AND ALL MATERIALS, INCLUDING: ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE 360ML ENTITIES DO NOT WARRANT,, THAT THE SOFTWARE, DRONE ACCESSORIES, OR ANY PORTION OF THE SOFTWARE, OR ANY MATERIALS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SOFTWARE, DRONE ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE 360ML ENTITIES OR THE SOFTWARE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SOFTWARE, DRONE ACCESSORIES, AND ANY MATERIALS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR 360ML HARDWARE USED IN CONNECTION WITH THE SOFTWARE) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE.

7. LIMITATION OF LIABILITY.

IN NO EVENT WILL THE 360ML ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SOFTWARE, DRONE, DRONE ACCESSORIES OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY 360ML ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

FOR EU USERS THE FOLLOWING SECTIONS APPLY:

IN NO EVENT WILL THE 360ML ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE Software, Software ACCESSORIES, OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY 360ML ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Furthermore, nothing in these Terms limits or excludes yours or our liability for intentional violation of these Terms, fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

FOR AUSTRALIAN USERS THE FOLLOWING SECTIONS APPLY:

EXCEPT FOR OUR LIABILITY TO YOU UNDER THE STATUTORY GUARANTEES DESCRIBED IN SECTION 6.1 (WHICH IS NOT LIMITED OR EXCLUDED):

IN NO EVENT WILL THE 360ML ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SOFTWARE, ACCESSORIES, OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY 360ML ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

THE AGGREGATE LIABILITY OF THE 360ML ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SOFTWARE, DRONE, ACCESSORIES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $50 USD.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. GOVERNING LAW AND JURISDICTION.

Subject to the country specific provisions below, these Terms are governed by the laws of the State of Pennsylvania of the United States without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and 360ML agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Montgomery County, Pennsylvania for the purpose of litigating any dispute.

FOR EU USERS THE FOLLOWING SECTIONS APPLY:

You and 360ML both agree that these Terms are non-exclusively governed by the laws of England and Wales, which means that the laws of England and Wales apply but that you still enjoy the protection of the consumer protection laws of the country in which you live.

You agree to submit to the non-exclusive jurisdiction of the English Courts, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in a court located in England or in the EU country in which you live. However, if you are a consumer, 360ML will bring claims against you before the courts of the EU country in which you live.

FOR AUSTRALIAN USERS THE FOLLOWING SECTIONS APPLY:

These Terms are governed by the laws of the State of Victoria, Australia without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and 360ML agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria, Australia for the purpose of litigating any dispute. For avoidance of doubt, Section 10 will not apply to matters that may be taken to the small claims court or matters relating to your rights and statutory guarantees described in Section 6.1.

9. GENERAL.

These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and 360ML regarding your use of the Software. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 1 and 3-10 of the Software Terms will survive, as will any other provisions specified as surviving the termination of the Software Terms of Use, the 360ML Privacy Policy, and any other applicable terms and conditions in such agreements.

EXCEPTION, for EU USERS: We may assign our rights and obligations under these Terms without your prior express consent, provided that we assign these Terms on the same conditions or conditions that are no less advantageous to you.

10. DISPUTE RESOLUTION AND ARBITRATION.

PRIOR TO ARBITRATION, ALL CLAIMS AND DISPUTES  WILL BE SENT THROUGH YOUR DRONE/UAV INSURANCE POLICY TO BE PROCESSED. IF THIS STEP IS NOT TAKEN, 360ML WILL PASS CLAIMS AND DISPUTES, ON YOUR BEHALF, AS 360ML IS LISTED AS ADDITIONAL INSURED. ONLY AFTER THIS PROCESS HAS COME TO COMPLETION, WILL A CLAIM OR DISPUTE BE ABLE TO BE PUT FORTH.

CLARIFICATION: FOR EU USERS: Section 10 is not applicable to you.

10.1. GENERALLY.

IN THE INTEREST OF RESOLVING DISPUTES BETWEEN YOU AND 360ML IN THE MOST EXPEDIENT AND COST EFFECTIVE MANNER, YOU AND 360ML AGREE THAT EVERY DISPUTE ARISING IN CONNECTION WITH THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION IS LESS FORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, MAY ALLOW FOR MORE LIMITED DISCOVERY THAN IN COURT, AND CAN BE SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. EXCEPT AS SET FORTH IN SECTION 10.2, THIS AGREEMENT TO ARBITRATE DISPUTES INCLUDES ALL CLAIMS ARISING OUT OF OR RELATING TO ANY ASPECT OF THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER A CLAIM ARISES DURING OR AFTER THE TERMINATION OF THESE TERMS. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND 360ML ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

10.2. EXCEPTIONS.

Despite the provisions of Section 10.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

FOR AUSTRALIAN USERS: Despite the provisions of Section 10.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) claim in relation to your rights and statutory guarantees in Section 6.1; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

10.3. ARBITRATOR.

Any arbitration between you and 360ML will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting 360ML.

10.4. NOTICE; PROCESS.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). 360ML’s address for Notice is: 18 Wilson Way, Phoenixville, PA 19460, USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or 360ML may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or 360ML must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, 360ML will pay the amount awarded by the arbitrator.

10.5. FEES.

If you commence arbitration in accordance with these Terms, 360ML will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Phoenixville, Pennsylvania, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse 360ML for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

10.6. NO CLASS ACTIONS.

YOU AND 360ML AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and 360ML agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

10.7. MODIFICATIONS OF THIS ARBITRATION PROVISION.

If 360ML makes any future change to this arbitration provision, other than a change to 360ML's address for Notice, you may reject the change by sending us written notice within 30 days of the change to 360ML’s address for Notice, in which case your account with 360ML will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

10.8. ENFORCEABILITY.

If Section 10.6 is found to be unenforceable, the parties agree that the exclusive jurisdiction and venue described in Section 8 will govern any action arising out of or related to these Terms.

11. UPDATES TO SOFTWARE

360ML may from time to time provide enhancements or improvements to the features/functionality of the Software, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the Software. You agree that 360ML has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Software to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Software, and (ii) subject to the terms and conditions of this Agreement.

12. THIRD-PARTY SERVICES

The Software may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that 360 Motion Labs LLC shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. 360 Motion Labs LLC does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

13. PRIVACY POLICY

360 Motion Labs LLC collects, stores, maintains, and shares information about you in accordance with its privacy policy, which is available at https://360dronebooth.com/privacy-policy. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our privacy policy.

14. AMENDMENTS TO THIS AGREEMENT

360MLreserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Software.

15. CONTACT INFORMATION

The Software is offered by 360 Motion Labs LLC. and its affiliated companies, located at 18 Wilson Way, Phoenixville, PA 19460, USA. You may contact us by sending correspondence to that address or by emailing us at info@360motionlabs.com.