Thank you for your interest in this Drone and related technology (“Product”) offered by Lucid Bots, Inc. (“Lucid”). “You” or “your” means the person indicating acceptance of these Products Terms of Use (these “Terms”) or using the Product.
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I AGREE” ON THIS PAGE OR USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO ANY OF THE TERMS, THEN YOU MAY NOT USE THE PRODUCT.
THE PRODUCT IS NOT A RECREATIONAL TOY. INAPPROPRIATE USE OF THE PRODUCT COULD RESULT IN PERSONAL INJURY OR PROPERTY DAMAGES.
- Eligibility
By agreeing to these Terms, you warrant that: a) you are 18 years of age or older; and b) your use of the Product is in compliance with all applicable laws and regulations. If you are agreeing to these terms or using the Product on behalf of a third party, you represent and warrant that 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.
- Software License
By using the Product, you acknowledge that the Product requires Lucid licensed software (the “Software”) for operation. As per this agreement, the Product includes two years’ worth of access to the Software, which begins on the date of receipt of the Product (the “Initial Software Term”). Subject to your compliance with these Terms, Lucid grants to you a non-exclusive, personal, non-transferable, limited license for its employees to access and use the Software solely to use the Product for your internal business purposes during the Initial Software Term. After the Initial Software Term, you must renew your Software license with Lucid to utilize the full functionality of the Product. If you do not renew your Software license after the Initial Software Term, you acknowledge that your Product will have limited functionality and that Lucid has the right to delete all data, files, and other information stored in or for your account.
- Your Obligations
By using the Product, you represent and warrant that your use of the Product will comply with all applicable laws, regulations, and statutes, and that you will not use the Product in any manner that is not permitted by these Terms. Additionally, you represent and warrant that you will:
i) Comply with all municipal, state, and federal laws, rules, regulations, building and zoning codes, and licensing requirements which may apply to the use of the Product;
ii) Not use the Product until you have completed all Lucid training procedures;
iii) Operate the Product in accordance with any documentation or other materials provided;
iv) Not market, promote, advertise or make any other public statements regarding Lucid or its equipment without the prior written approval of Lucid;
v) Not attach, affix or otherwise display its own or any third party’s branding or logos on the Equipment without the prior written approval of Lucid;
vi) Not sublease, license or sublicense to, or allow the use by, any other parties, the Product, except with the prior written consent of Lucid;
vii) Maintain and carry insurance which includes commercial general liability insurance, in a sum no less than $1,000,000.00, and an aviation insurance policy on and for the Product, in a sum no less than $1,000,000.00;
viii)Not download and/or install third-party software on the Product or any related Lucid product;
ix) Not attempt to decipher, decompile, or reverse engineer any of the hardware, software, or other related technological systems of Lucid;
x) Not deactivate, impair, or otherwise circumvent any technological measure implemented by Lucid;
xi) Not post, publish, share, or transmit any content that
(1) Infringes, misappropriates, or violates a third party’s intellectual property rights, moral rights, or rights of privacy;
(2) Violates, or encourages any conduct that would violate, any applicable law or regulation;
(3) Is fraudulent, erroneous, misleading, or deceptive.
- Data Rights
You hereby grant to Lucid a non-exclusive license to copy, reproduce, store, distribute, publish, export, adapt, edit and translate your data as reasonably necessary or useful to perform and improve the Product and/or related products of Lucid. You represent and warrant that you have the right to provide such data to Lucid in accordance with these Terms. Additionally, you agree that data derived by your use of the Product may be used for the purposes of analysis, including statistical analysis, trending analysis, creation of data models, and creation of statistical rules. Lucid may use the results of such analysis for any lawful purpose.
- Feedback
If you elect to communicate input, comments, suggestions, or proposed modifications or improvements to the Product, then you hereby grant Lucid an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to utilize such Feedback in any manner that Lucid deems appropriate with no obligations to make payments to you for such exploitation.
- Malfunction
Should the Product be involved in an accident, become unsafe, malfunction or require repair (each an “Accident”), you shall immediately (i) notify Lucid; and (ii) cease using the Product. If such Accident is the result of normal operation in accordance with the Lucid operation manual, Lucid will repair or replace such Product in accordance with your support plan. Lucid has no obligations whatsoever for any Accident caused by your misuse or negligence, including without limitation the costs for any repairs or replacements.
- Intellectual Property
All designs, graphics, firmware, software, services, and other elements (collectively, the “Materials”) of the Product are protected intellectual property of Lucid. All Materials in the Product are the sole property of Lucid and its licensors. With respect to Materials not granted expressly in these Terms, Lucid reserves all rights.
- Confidentiality
All non-public, confidential, or proprietary information of Lucid, disclosed by Lucid to you, whether or not marked, designated, or otherwise identified as “confidential,” in connection with these Terms is confidential, solely for the use of performing this Agreement, and may not be disclosed or copied unless authorized by Lucid in writing.
- Governing Law and Jurisdiction
With regards to conflict of law principles, these Terms are governed by the laws of the State of North Carolina. If a lawsuit or court proceeding is permitted under these Terms, then you agree to the exclusive jurisdiction of the state courts and federal courts located within Mecklenburg County, North Carolina.
- DIsclaimer of Warranties
LUCID DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE EQUIPMENT AND ANY MAINTENANCE SERVICES ARE PROVIDED “AS IS,” EXCEPT FOR THOSE PROVIDED IN THE LUCID WARRANTY POLICY (SEE TERMS OF SALE).
- Indemnification
Each party (an “indemnitor”) agrees it shall indemnify, defend, and hold harmless the other (the “indemnitee”) and its representatives against any and all losses, damages, liabilities, claims, actions, judgments, settlements, penalties, costs, or expenses of whatever kind, including reasonable attorneys’ fees, incurred by the indemnitee or its representatives, relating to any claim arising out of or relating to: (a) as to you only, your or any third party’s use of the Product, or (b) indemnitor’s fraud, gross negligence, willful misconduct. Lucid may, at its own expense, elect to assume the exclusive defense and control of any third party claim otherwise subject to defense by you. You may not settle or compromise any claim subject to this section without Lucid’s prior written consent in Lucid’s sole discretion.
- Contact Information
The Product is offered by Lucid Bots, located at 6601-A Northpark Blvd, Charlotte, NC 28216. You may also contact Lucid by sending an email to support@luciddronetech.com or calling 980-498-1894
