Congratulations on the purchase of your Hexo+ drone. These terms and conditions of the sale and use of Hexo+ (“Terms”) are an agreement between you and Squadrone System – the maker of Hexo+ – covering the sale and use of your Hexo+. By ordering a Hexo+ and using it, you’re agreeing to these Terms. Please read all of this document as it contains important information about:

  • The limited warranty applicable to Hexo+ drones that you purchase;
  • Your obligation to comply with applicable laws and regulations regarding the use of unmanned drone aircraft;
  • The law governing these Terms, any warranty and any disputes between us;
  • The agreement between you and Squadrone System to submit any disputes to arbitration, instead of a court trial with a jury;
  • The waiver of any right to pursue disputes by way of a class action; and more.

 

  1. RIGHT TO OPT OUT

If you are an original purchaser of a Hexo+ drone and these Terms are not acceptable to you, you can opt out of them by returning Hexo+ to us (unused), in its original packaging, within 7 days of receiving it. Please contact us at [email protected] to get a Return Merchandise Authorization and indicate that you wish to return your unused Hexo+ in order to opt out of these Terms.

If you are an original purchaser of a Hexo+ and agree to all of these Terms, except the arbitration agreement and waiver of class actions, set out in section 7 below, you may opt out of the provisions of only that section, by sending us written notice of your desire to opt out, within seven days of receiving your Hexo+. The notice may be sent by e-mail to [email protected] stating your desire to opt out of the arbitration agreement in these Terms, please include your full name, address, order number and the serial number of your Hexo+. If you purchased your Hexo+ from an authorized retailer, rather than directly from Squadrone System, you must also send us a copy of a receipt or other proof of purchase from that retailer.

  1. APPLICATION OF LIMITED WARRANTY

All Hexo+ drones purchased directly on our web site www.hexoplus.com or through any other authorized channel will receive our standard limited warranty described in this section.

How Long the Warranty Lasts

For covered parts, the coverage of this warranty lasts for one year after your purchase of Hexo+. ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE AND ANY OTHER WARRANTIES IMPLIED BY LAW, ARE ALSO LIMITED TO THE SAME ONE-YEAR DURATION.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

What this Warranty Covers

Squadrone System warrants that the Hexo+ drone will be free from defects in material and workmanship of the Hexo+, including; electric motors and electronic boards for a period of 12 months from the initial date of purchase (see the warranty coverage chart for more information on what parts are covered), upon presentation of proof of purchase to Squadrone System (including the date and place of purchase, product serial number). Squadrone System may choose to repair or replace your Hexo+ or to refund the purchase price. Such repair, replacement or refund, is the only remedy allowed under this warranty.

Diagnostic, labor, materials, tests and return delivery are covered pursuant to Squadrone System’s service warranty.

What this Warranty Does Not Cover

The aircraft frame and propellers are not covered by this warranty. Costs for shipping your Hexo+ or any component to us or any other company we may authorize to provide warranty service is also not covered.

This warranty does not cover claims or damage arising from non-normal use, including but not limited to:

  • Crash or burning caused by factors beyond the design and manufacturing of the product;
  • Damage caused by unauthorized modification, disassembling or shell opening which did not follow Squadrone System’s instructions;
  • Damage caused by improper installation, or incorrect use or operation despite of the guidance of Squadrone System’s instructions;
  • Damage caused by unauthorized modification of circuit, mismatch or misuse of battery and charger, as well as usage with the inclusion of RC receiver.
  • Damage caused by any flights which did not follow the safety guidelines from Squadrone System or local law as applicable;
  • Damage caused by operation and storage in bad weather (i.e. strong wind, rain, sand/dust storm, frost, etc.)
  • Damage from external causes such as dirt, sand, battery leakage, blown fuse, or improper usage of any electrical source
  • Damage caused by operating the unit in an electromagnetic interference environment (i.e. mining area, radio transmitting tower, high-voltage wire, substation, etc.).
  • Damage caused by operating the unit in a known environment with interference with other wireless devices (i.e. transmitter, video-link, Wi-Fi signals, etc.).
  • Damage caused by operating the unit with a weight greater than safe takeoff weight.
  • Damage caused by forced flight when components have been aged or damaged.
  • Damage caused by reliability or compatibility issues, when using unauthenticated third-party parts.
  • Damage caused by operating the unit with a low charged or defective battery.
  • Modifications to drone or software of any kind.
  • Damage from exposure to moisture or extreme environmental conditions
  • Damage from use with any accessory, software or other product not expressly authorized by Squadrone System
  • Use of the Product other than in accordance with our published specifications;
  • Modifications, alterations, adjustments or repairs to Hexo+ made by a party other than one we authorize;
  • Failure by you or a third party to comply with environmental and storage requirements for Hexo+ specified by us, including, without limitation, temperature or humidity ranges;
  • Any damage to property or persons caused by your use of Hexo+ that is not caused by material defect, including your failure to understand the functionalities of Hexo+;
  • Leaving Hexo+ and its accessories in direct sunlight for long periods;
  • Allowing Hexo+ to land on unstable surfaces or dangerous terrain;
  • Using Hexo+ in inclement weather or low light;
  • Failure to maintain line-of-sight with Hexo+ when using it;
  • Attempting to charge Hexo+ battery with any charger other than the one provided by Squadrone System.
  • Attempting to affix non authorized accessories to Hexo+ ;
  • Failure to purchase any insurance required by law to operate Hexo+ in your area;
  • Failure to determine the suitability of Hexo+ for your intended use;
  • Failing to make sure that any other person who uses Hexo+ also complies with these terms and any other guidance we provide you, whether this guidance is included in writing with Hexo+ or made available on our website;
  • Any continued use of Hexo+ after you detect any material defect, including erratic responses to user input;
  • Failure to adhere to Federal Aviation Administration regulations and advisories, as well as any other relevant laws and local government rules; and
  • Any other improper use of Hexo+ .

All Products that are returned to us become our property. We’re not responsible for any memory card, content or information stored in any product you return to us, whether under warranty or not. Please make sure to save any content or information you wish to keep from your product’s memory card and erase any data thereon before returning your Hexo+ to us.

 

Conditions of Coverage

The following conditions must be met for warranty coverage to be available:

  • During the warranty period, the product is used normally, i.e. as intended by the manufacturer.
  • No unauthorized disassembling, modification or installation has been performed.
  • Labels, Serial Numbers, verification marks, etc. show no signs of tampering or altering;
  • Valid proof-of-purchase, receipt or order number from hexoplus.com is provided.
  • The claim is made within the warranty period.
  • The claim does not arise out of non-normal use as described above.

Procedure for Obtaining Warranty Service

 

Customers need to receive a Returned Merchandise Authorization from Squadrone System before sending back a product to Squadrone System. Customers are responsible for shipping costs when sending their product(s) in for return, repair or exchange.

To return a product, use the following process:

Step 1. Obtain Return Authorization Code

Request a return authorization code by sending a request to [email protected] Please include the proof of purchase, product model, quantity, and description of the issue(s) in the request. SQDR will respond with a return authorization code.

Step 2. Ship

Mail the product to us in its original package with all contents.  Returns must include the return authorization code on the shipping label and be sent to our offices.

Products delivered to us without a return authorization code or without original packaging and contents will be returned to you at your expense.

Step 3. Analysis

Technical staff of after-sales service centers will examine the product to identify the problem and its cause. If it is a quality problem of the product itself, and the product is still inside the warranty period, Squadrone System will cover all the test cost, material cost, labor cost, and delivery fee when sending the repaired product back to customer.

If Squadrone System determines that the product(s) do not fall under the warranty, Squadrone System will advise the customer of the cost of repair and return delivery prior to repairing or sending the product(s) back.

If your issue is not subject to warranty, or caused by non-manufacturing issue, then examination cost, material and labor cost will be charged according to the nature of the problem.

Please contact us at [email protected] for any inquiry.

Warranty Coverage Chart

Hexo+ parts have the following warranty periods:

Component Warranty Period
Battery 90 days manufacturer’s warranty
Gimbal (if part of the Hexo+ product box) 90 days manufacturer’s warranty
Electric motors 1 year
All electronic boards 1 year
Frame and landing gear 90 days manufacturer’s warranty
Propellers 90 days manufacturer’s warranty

How State Law Relates to this Warranty

This warranty gives you specific legal rights, and you may also have other rights, which may vary from state to state.

SQDR warrants this HEXO+branded hardware part against defects in materials and workmanship under normal use for a period of NINETY (90) DAYS from the date of purchase by the original end-user purchaser (”Warranty Period”). If a hardware defect arises and a valid claim is received within the Warranty Period, at its option, SQDR will either (1) exchange the part with a new, used or refurbished part that is at least functionally equivalent to the original part, or (2) refund the purchase price of the part. A replacement part assumes the remaining warranty of the original part or ninety (90) days from the date of replacement, whichever provides longer coverage for you. When a part is exchanged, any replacement item becomes your property and the replaced item becomes SQDR’s property. When a refund is given, the part for which the refund is provided becomes SQDR’s property.

  1. [Software License/Warranty for Drone Software and App Goes Here]

SQDR App End User Agreement

NOTICE TO USER: Please read this agreement carefully. This is an agreement between you and Squadrone System Inc. (“SQDR,” “we,” or “our”). By downloading, copying, installing, or using all or any portion of the software, or any updates to the software (collectively, the “Software”), you accept all the terms of this agreement. Once installed, the Software may enable your download of other software for installation and use on a different computer, device, or vehicle. Unless otherwise separately agreed by SQDR, this agreement governs your installation and use of such other software.

1. Software License.

If you obtained the Software from SQDR or one of our authorized distributors and as long as you comply with the terms of this agreement, SQDR grants you a non-exclusive and non-transferable right to install a single copy of the Software on a compatible computer, device, or vehicle for use by an individual user. You may make a single back-up copy of the Software. Notwithstanding the foregoing, you may make a one-time transfer of your rights in the Software to a purchaser of the computer, device, or vehicle upon which the Software is installed.

2. Restrictions and Requirements.

2.1 Any permitted copy of the Software that you make must contain the same copyright and other proprietary notices that appear in the Software as we provide it.

2.2 You are not permitted to install the Software on a file server for access by multiple users.

2.3 You will not use the Software other than as permitted by this agreement. You will not use the Software in a manner inconsistent with its design or documentation.

2.4 You will not modify, port, adapt, or translate the Software.

2.5 You will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software.

2.6 You will not rent, lease, sell, sublicense, assign, or (except as permitted above) transfer your rights in the Software, or authorize any portion of the Software to be copied onto another computer, device, or vehicle.

3. Updates; Data Transmission and Use

3.1 SQDR may offer updates to the Software at its sole discretion. Unless we tell you otherwise in product documentation or in a separate agreement with you, we do not promise that we will provide you with updates according to any particular schedule, or at all.

3.2 The Software may be set by default to retrieve and install updates automatically. You may change these default settings within the Software.

3.3 The Software may be set by default to automatically transmit information from your computer, device, or vehicle to SQDR. For example, this information may be technical or environmental information such as the version, model, or unique identifier of the Software or your computer, device, or vehicle. This information may describe the way the Software or your computer, device, or vehicle is used, for example, it flight logs that include flight paths and durations. You permit SQDR to copy, modify, distribute and otherwise fully exploit all such information that it receives. For example, we may use such information to enhance the product support we provide to you or to otherwise improve our products and services. We may use such information to diagnose problems or to administer our product warranty. We may provide such information to our partners, developers, and to other third parties. You may disable the transmission of information through the Software user interface.

4. Intellectual Property Ownership

The Software and any authorized copies that you make are the intellectual property of SQDR and our suppliers. The structure, organization, databases, and source code of the Software are the valuable trade secrets and confidential information of SQDR and its suppliers. The Software is protected by law and international treaty, including the copyright laws of the United States and other countries. Except as expressly stated, this agreement does not grant you any intellectual property rights in the Software. All rights not expressly granted are reserved by SQDR and its suppliers.

5. Open Source Software

The source code version of some portions of the Software is available to you under separate “open source” licenses, for example the GNU General Public License and the Apache License. 6. Limited Warranty

SQDR warrants that the Software will perform substantially as described in its documentation during the 90-day period following the initial receipt of the Software by the original licensee. If the Software fails such warranty, your sole remedy and our sole obligation is to, at our option, replace the Software or refund the license fee paid for the Software (if any). If you obtained the Software from the Apple App Store, and the Software fails this limited warranty, you may contact Apple and request a refund of amounts you paid for the Software, if any. Apple is not responsible for any other claims relating to the Software, including third party claims of infringement. This limited warranty does not apply to Software provided to you on a tryout or evaluation basis. The foregoing limited warranty does not apply to any software that is not published by SQDR, for example, non-SQDR software applications that programmatically interoperate with the Software.

7. Disclaimer

THE LIMITED WARRANTY ABOVE IS THE ONLY WARRANTY OFFERED BY SQDR, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS AND IT STATES THE SOLE AND EXCLUSIVE REMEDIES FOR SQDR’S, ITS AFFILIATES’, SUPPLIERS’, OR DISTRIBUTORS’ BREACH OF THAT WARRANTY. THE LIMITED WARRANTY ABOVE AND ANY STATUTORY WARRANTY AND REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES APPLICABLE TO THE SOFTWARE. OTHER THAN THOSE OFFERED AND STATUTORY WARRANTIES AND REMEDIES, SQDR, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND STATUTORY WARRANTIES AND REMEDIES, SQDR, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS PROVIDE THE SOFTWARE AS-IS AND WITH ALL FAULTS.

8. Limitation of Liability

EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY SQDR ABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, SQDR, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF A SQDR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. IN ANY EVENT, SQDR’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL BE LIMITED TO THE REFUND OF THE AMOUNT PAID FOR THE SOFTWARE.

THE FOREGOING WARRANTY, LIMITATIONS, AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. YOU MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS.

9. General

Any communication from you to SQDR concerning the Software must be made to the address stated above. If you obtained the Software at the Apple App Store or other distribution point, you acknowledge that the operator of any such distribution point and its affiliates are third party beneficiaries of this agreement and that such parties will have the right to enforce this agreement against you. This agreement is governed by and to be construed in accordance with the substantive laws in force in the State of California and any dispute relating to this agreement will be heard only in the state or federal courts located in Alameda County, California (if suit is brought in state court) or the Northern District of California (if suit is brought in federal court). Each party shall submit to the jurisdiction of such courts. Notwithstanding the foregoing, either party may seek injunctive or other emergency relief in any competent court.

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement may only be modified in writing, signed by an authorized officer of SQDR. This is the entire agreement between SQDR and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.

You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

 

  1. REGULATIONS REGARDING USE

You agree to comply with all applicable country, state and local laws and regulations regarding your use of Hexo+, including all Federal Aviation Administration (“FAA”) regulations and regulations of other aviation authorities wherever you use your Hexo+.

Unmanned aerial vehicles are fairly new products and new statues and regulations are under consideration by federal and state governments. What is allowed now is not entirely certain and is subject to change. Squadrone System cannot guarantee how these laws and regulations will be interpreted or changed by the FAA, the courts or legislation. Such interpretations and changes may affect how and whether you can use Hexo+ now and in the future. You, and not Squadrone System, assume the risk that laws and regulations may prohibit you from using Hexo+ in the way that you wish to, whether you need to modify it in order to fly it legally or whether you can use it at all.

The individual user assumes all risk and liability associated with flight of drone and use of drone in any restricted areas.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SQUADRONE, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE ON ANY WARRANTY CLAIM, OR ANY OTHER CLAIM OF ANY SORT FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, PHOTOS, VIDEOS, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SQUADRONE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO YOUR HEXO+ MORE THAN THE PRICE PAID BY YOU TO SQUADRONE OR AN AUTHORIZED RETAILER FOR YOUR HEXO+. Some states don’t allow the types of limitations in this paragraph, so they may not apply to you.

  1. Governing Law

This agreement and any disputes between you and Squadrone System relating to these Terms, the sale of the product, the software license, or the warranties applicable to the product and the software are governed by and to be construed in accordance with the laws of the State of California without consideration of choice-of-law principles.

  1. Resolution of Disputes: Arbitration Agreement and Class Action Waiver

ARBITRATION AGREEMENT

If there is a dispute between you and Squadrone System relating to these Terms, the sale of the product, the software license, or the warranties applicable to the product and the software and we cannot resolve the dispute informally, you and Squadrone System agree to resolve such disputes through final and binding individual arbitration before a single arbitrator, instead of in court. THIS MEANS NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIMS IN COURT OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. This agreement to arbitrate does not apply to any claims seeking injunctive or other emergency relief and the arbitrator in any such arbitration shall have no power to issue injunctions. This agreement to arbitrate and any arbitration under it are governed by the Federal Arbitration Act (“Arbitration Act”). Any arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and its Supplementary Procedures for Consumer-Related Disputes. This Agreement governs to the extent it conflicts with the AAA’s Commercial Arbitration Rules, the Supplementary Procedures for Consumer-Related Disputes or any other rules of the AAA.

If you wish to make a claim in arbitration and cannot afford to pay the arbitration filing fees, inform us of that fact at [email protected] and we will advance for you the amount by which the arbitration filing fee exceeds the fee for filing a civil action in the United States District Court for the Northern District of California (currently $400). If you lose the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for the arbitration costs.

CLASS ACTION WAIVER

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER HEXO+ OWNERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

  1. Resolution of Disputes: Choice of Court

Any disputes that are not submitted to arbitration, despite our agreement to arbitrate disputes, including any lawsuits filed to compel arbitration, will be heard only in the Northern District of California (if federal subject-matter jurisdiction exists) or in the state courts located in the City and County of San Francisco, California (if federal subject-matter jurisdiction does not exist). Each party shall submit to the jurisdiction of such courts and waives any objections to such jurisdiction without any waiver of their right to seek to compel arbitration. However, either party may seek injunctive or other emergency relief and/or enforcement of any arbitration award in any competent court.

 

 

Thanks for reading these Terms and enjoy your Hexo+!