These guidelines are for DJI licensees, including authorized resellers, distributors, developers, and other parties wishing to use DJI’s trademarks, service marks, trade dress, or copyrighted materials. You may not use the DJI logo or any other DJI-owned trademarks, service marks, trade dress, or other intellectual property (including copyrighted materials) on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any purpose except pursuant to an express written license from DJI. If you are a DJI licensee and have been provided with special trademark and/or copyright usage guidelines with your license agreement, then you must follow those guidelines; these guidelines also apply to the extent that they do not conflict with such other guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines.

By using a DJI trademark, in whole or in part, you acknowledge that DJI is the sole owner of the trademark and promise that you will not interfere with DJI’s rights in the trademark, including challenging DJI’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any DJI trademark. The goodwill derived from using a DJI trademark exclusively inures to the benefit of and belongs to DJI. For further information with respect to DJI’s trademarks and copyrights, please submit your query in writing to DJI’s Intellectual Property Department (dept-ip@dji.com).

1. Always use DJI trademarks in an approved form.

DJI’s trademarks* must be presented in the styles shown below (e.g., unmodified logos, all caps, upper and lower case, or a combination of large and small caps):

*The trademarks listed herein are for illustration purpose, and they do not represent an exhaustive list of DJI’s trademarks. You are obliged to follow these guidelines for all DJI trademarks. DJI will make reasonable efforts to provide notice of its existing trademarks. However, absence of any DJI trademark from this list does not constitute a waiver of DJI’s usage requirement described in these guidelines concerning that trademark.

Changes, alterations, phonetic equivalents, foreign language equivalents, takeoffs, or abbreviations in the names or logos above are not allowed without DJI’s prior written consent. Any variation must be cleared through or approved by DJI.

2. always use DJI trademarks in a manner clearly indicating that they are trademarks OWNED BY DJI.

All DJI trademarks must be properly marked to give notice that they are, in fact, trademarks of DJI. In the United States, the federal registration symbol “®” must be used as designated above for registered trademarks, while all other marks must be used with the symbol “™” where the mark initially appears. Use of the registration symbol or “™” must appear with the first usage of the trademark in a document; subsequent occurrences do not require the symbols. When used in a printed document, the symbols should be half the point size of the word and then superscripted. The list of registered and unregistered marks will be updated periodically as pending applications mature to registration, and as such, it is important to determine status of the marks before using either symbol.

A footnote reference to ownership of the trademarks must be used on all products, documentation and advertisements in the following format:

“{insert trademark(s) used}  is/are trademark(s) of DJI.”

DJI’s trademarks must not be joined with other terms (by a hyphen, for instance) nor used with unapproved logos, graphics, photos, slogans, numbers, design features or symbols. DJI’s trademarks should never be “made plural,” never be mixed with other trademarks, and a trademark's spelling should never be altered.

3. Always use DJI trademarks as adjectives, never as nouns or verbs, and the marks must be followed by the appropriate generic terminology.

DJI’s trademarks are meant to signify the brand or source of the product and may not be used in a manner which suggests that the trademark is the generic name of the product. The most common mistake is to use the trademark as a noun instead of as an adjective followed by the generic term.

4. DO NOT IMPLY OR SUGGEST THAT A PRODUCT BASED ON DJI’S TECHNOLOGY IS A DJI PRODUCT OR THAT DJI SPONSORS OR ENDORSES THE PRODUCT.

While DJI understands and appreciates the licensee’s need to accurately describe the technology incorporated into the product as DJI technology, the product materials and advertising must not wrongly imply that the licensee’s product is a DJI product or that it is sponsored or endorsed by DJI, explicitly or implicitly. Care must be taken to clearly distinguish DJI’s products (and trademarks) from the licensee’s products and marks, as discussed more specifically in these guidelines. Some basic examples are:

5. never use a DJI Trademark as part of your name, YOUR PRODUCT’S or service’s NAME, or YOUR trademark.

With certain limited exceptions, DJI trademarks may not be used or registered as part of another company’s mark, company name, product name, or service name; provided that DJI’s marks can be used in explanatory fashion (such as “for use with PHANTOM™ drones”). This restriction includes the names of applications created by developers using our SDK.

Also, licensees may not personify trademarks or create characters that represent the trademarks. However, the trademarks may be used in taglines in accordance with the guidelines listed above.

6. never use a DJI Trademark in a domain name

You may not use or register any domain name that is identical, virtually identical, similar or confusingly similar to any DJI trademark.

unacceptable

7. DEVELOPERS MAY USE DJI TRADEMARKS TO INDICATE COMPATIBILITY

Developers may use any DJI word mark (including product and technology names but not including any DJI logos), or any images of DJI products in which such developers own or have a license to the trademarks and/or copyrights, to refer on packaging or promotional/advertising materials to the fact that the developers’ products are compatible with the referenced DJI product or technology, provided that a) the use complies with these guidelines, b) the product is in fact compatible with or otherwise works with the referenced DJI product or technology, c) the DJI word mark is used in a manner that is less prominent than the product name, and d) the use does not cast DJI or its products or technologies in a false or derogatory light. Unless you have a separate, written license from DJI to do so, you cannot use any trademark and/or copyrighted material owned or licensed by DJI, including without limitation any of DJI’s photographs, music, graphical user interface designs, etc., without DJI’s prior written consent.

8. OTHER FAIR USES OF THE DJI TRADEMARKS

Anyone may make fair use of the DJI word marks to make true, factual statements about DJI or to discuss DJI products or technologies. If you do so, we request that you help us protect our intellectual property by complying with the foregoing guidelines and that you include a disclaimer of sponsorship, affiliation, or endorsement by DJI, similar to the following, on any publication or printed materials:

“This work has not been authorized, sponsored, or otherwise approved by DJI.”

This Guideline was last modified on 2016/01/22.

Last updated: September 2, 2024

Thank you for your interest in our product (the “Product”). Please read the following terms and conditions (the “Product Terms”) carefully.

The Product Terms is a legal agreement between you and DJI Service LLC(“DJI”), and governs your rights and obligations regarding the Product. By activating this Product via DJI mobile applications (the “DJI Apps”) and tapping “I Agree”, you acknowledge that you have read, understood, and agree to be bound by the Product Terms, the Software Terms of Use, and the DJI Privacy Policy (together, these “Terms”).

You acknowledge and agree that, as provided in greater detail in these Terms:

1. ELIGIBILITY.

You must have a DJI account to activate the Product. 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 DJI account at such time that you attempt to activate the Product; (c) your activation and your use of the Product is in compliance with all applicable laws and regulations; (d) you will not use or assist others to use the Product for combat purposes; and (e)if you are agreeing to these Terms or using the Product 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 Product (“Feedback”), then you hereby grant DJI 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 Product (“Materials”) provided by DJI are protected by intellectual property and other laws. All Materials contained in the Product are the property of DJI or our third-party licensors. DJI reserves all rights to the Materials not granted expressly in these Terms.

User Manuals, instructions and other material about product functions and specifics are DJI intellectual property. Users are licensed to use these materials only for purposes of operating and using DJI Products. 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 Product, and by entering into these Terms, you represent and warrant that your use of the Product and your involvement of events or activities incidental to your use of the Product comply and will comply with all applicable laws, statutes, and regulations, and that you will not use the Product except as expressly permitted under these Terms or otherwise authorized by DJI. You further agree not to:

BREACH OF YOUR OBLIGATIONS HEREIN MAY RESULT IN THE TEMPORARY OR PERMANENT SUSPENSION OF YOUR PRODUCT OR YOUR ACCOUNT AND LOSS OF ACCESS TO THE CONTENT ASSOCIATED WITH THE ACCOUNT. IF YOU HAVE PURCHASED DJI CARE, YOUR SERVICE MAY BE TERMINATED SUBJECT TO THE TERMS OF SERVICE.

5.INDEMNITY.

You are responsible for your use of the Product. You will defend and indemnify DJI and its officers, directors, employees, consultants, corporate affiliates, parent or subsidiary companies and agents (together, the “DJI 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 Product; (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 Product. You agree to compensate in full DJI and its officers, directors, employees, consultants, corporate affiliates, parent or subsidiary companies and agents (together, the “DJI 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 Product; (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 DJI’s request, you permit DJI, 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 Product. You will defend and indemnify DJI and its officers, directors, employees, consultants, corporate affiliates, parent and subsidiary companies and agents (together, the “DJI 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 Product; (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.

EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY (POLICY AVAILABLE AT HTTPS://WWW.DJI.COM/SERVICE), THE PRODUCT AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DJI ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, PRODUCT ACCESSORIES, AND ALL MATERIALS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE DJI ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, 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 PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE DJI ENTITIES OR THE PRODUCT 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 PRODUCT, PRODUCT ACCESSORIES, AND ANY MATERIALS. YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT 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 DJI HARDWARE USED IN CONNECTION WITH THE PRODUCT) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

FOR EU USERS THE FOLLOWING SECTIONS APPLY:

EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY (POLICY AVAILABLE AT HTTPS://WWW.DJI.COM/SERVICE), THE PRODUCT AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE EXTENT PERMITTED BY LAW, THE DJI ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, PRODUCT ACCESSORIES, AND ALL MATERIALS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE DJI ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, 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.

TO THE EXTENT PERMITTED BY LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE DJI ENTITIES OR THE PRODUCT 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 PRODUCT, PRODUCT ACCESSORIES, AND ANY MATERIALS AND WHICH IS NOT ATTRIBUTABLE TO THE DJI ENTITIES OR TO THE PRODUCT. YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT 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 DJI HARDWARE USED IN CONNECTION WITH THE PRODUCT) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT AND FOR WHICH THE DJI ENTITIES CANNOT BE HELD LIABLE UNDER THESE TERMS.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW (SUCH AS LEGAL GUARANTEES OF CONFORMITY FOR GOODS OFFERED TO EU CONSUMERS) AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

FOR AUSTRALIAN USERS THE FOLLOWING SECTIONS APPLY:

6.1 STATUTORY GUARANTEES.

IF YOU ARE AN AUSTRALIAN RESIDENT THEN OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS AND SERVICES REPAIRED OR REPLACED IF THE GOODS AND SERVICES FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.

GUARANTEES INCLUDE (WITHOUT LIMITATION) THAT (A) THE PRODUCT IS PROVIDED WITH ACCEPTABLE CARE, SKILL AND TECHNICAL KNOWLEDGE AND TAKING ALL NECESSARY STEPS TO AVOID LOSS AND DAMAGE; (B) THE PRODUCT IS FIT FOR THE PURPOSE OR GIVE THE RESULTS THAT YOU AND DJI AGREED TO; (C) THE PRODUCT IS DELIVERED WITHIN A REASONABLE TIME.

6.2 DISCLAIMER.

NOTHING IN THIS SECTION 6.2 LIMITS YOUR RIGHTS AND STATUTORY GUARANTEES AS DESCRIBED IN SECTION 6.1. THE PRODUCT AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DJI ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, PRODUCT ACCESSORIES, AND ALL MATERIALS, INCLUDING: ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE DJI ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, 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 PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE DJI ENTITIES OR THE PRODUCT 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 PRODUCT, PRODUCT ACCESSORIES, AND ANY MATERIALS. YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT 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 DJI HARDWARE USED IN CONNECTION WITH THE PRODUCT) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT.

THE BENEFITS PROVIDED TO THE CONSUMER BY THE WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES AVAILABLE TO THE CONSUMER UNDER THE LAW INCLUDING THE STATUTORY GUARANTEES AS DESCRIBED IN SECTION 6.1.

7. LIMITATION OF LIABILITY.

IN NO EVENT WILL THE DJI 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 PRODUCT, PRODUCT 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 DJI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 10.4(iii), THE AGGREGATE LIABILITY OF THE DJI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCT OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

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 DJI 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 PRODUCT, PRODUCT 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 DJI 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 DJI 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 PRODUCT, PRODUCT 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 DJI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 10.4(iii), THE AGGREGATE LIABILITY OF THE DJI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCT OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

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 California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and DJI agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute.

FOR EU USERS THE FOLLOWING SECTIONS APPLY:

You and DJI 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, DJI 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 DJI 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 DJI regarding your use of the Product. 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 Product Terms will survive, as will any other provisions specified as surviving the termination of the Software Terms of Use, the DJI 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, BINDING ARBITRATION, AND CLASS ACTION WAIVER.

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

10.1. GENERALLY.

If you have a dispute that our customer service representatives cannot resolve and you wish to pursue resolution, the following terms apply.

Notwithstanding 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 seeking only individualized relief, so long as the action meets the small claims court’s requirements and remains an individual action seeking individualized relief; (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.

If your Notice involves claims similar to those of at least 24 other users and is not resolved through informal dispute resolution or small claims court, and if you and those other users are represented by the same lawyers, or by lawyers who are coordinating with each other, you and we agree that these claims will be “Related Cases.” Related Cases may only be filed in batches of up to 30 individual arbitrations at a time, and those individual arbitrations will be resolved in the following manner: (i) for the first batch, each side may select up to 15 of these Related Cases to be filed and resolved in individual arbitrations under this Section; (ii) none of the other Related Cases may be filed or prosecuted in arbitration until the first batch of up to 30 individual arbitrations is resolved; and (iii) if, after that first batch, the parties are unable to informally resolve the remaining Related Cases, a second batch of Related Cases may be filed, where each side may select up to 15 of the Related Cases to be resolved in individual arbitrations under this Section. This process of batched individual arbitrations will continue until the parties resolve all Related Cases informally or through individual arbitrations. A court has exclusive authority to enforce this paragraph, including whether it applies to a given set of claims, and to enjoin the filing or prosecution of arbitrations that do not comply with this paragraph. Any relevant limitations period and filing fee or other deadlines shall be tolled for claims subject to these additional procedures that apply to Related Cases from the time that the first cases are selected for a staged process until the time your claim is selected for a staged process, withdrawn, otherwise resolved, or opted out of arbitration.

10.3. ARBITRATOR.

Any arbitration between you and the DJI Entities will be settled on an individual basis only 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 https://www.adr.org, or by calling the AAA at 1-800-778-7879, or by contacting DJI. If AAA is unavailable or unwilling to administer the arbitration consistent with these Terms, you and we shall agree on an alternative provider to administer the arbitration. If you and we cannot agree, you and we shall jointly petition a court of competent jurisdiction to appoint a provider that will administer the arbitration consistent with the AAA Rules (as modified by these Terms).

10.4. NOTICE and PROCESS.

Each individual 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”). DJI’s address for Notice is: 17301 Edwards Road, Cerritos, CA 90703. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). During the arbitration, the amount of any settlement offer made by you or any DJI Entity during informal dispute resolution or otherwise must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

10.5. FEES.

All arbitration fees shall be determined by the AAA Rules as modified by these Terms. Any arbitration hearing will take place at a location to be agreed upon in the City and County of San Francisco, California, 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 hearing through a video conferencing platform such as Zoom or Teams; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. Regardless of how the arbitration is conducted, the arbitrator must issue a 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.

CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, REQUESTS FOR PUBLIC INJUNCTIONS, AND ANY OTHER PROCEEDING OR REQUEST FOR RELIEF WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED, NOR IS COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES, AND YOU AND DJI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY. Further, unless both you and DJI 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 except for as set forth in Section 10.2.

10.7. MODIFICATIONS OF THIS ARBITRATION PROVISION.

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

10.8. ENFORCEABILITY.

If after exhaustion of all appeals, a court finds any part of this Section 10 to be unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request). If any other part of this Section 10 is deemed to be unenforceable, then the remainder of this Section 10 will remain in effect (with an arbitration award issued before any court proceeding begins).

11. CONTACT INFORMATION.

Should you have any questions concerning this Product Terms, please contact DJI Service LLC, located at 17301 Edwards Road, Cerritos, CA 90703, by sending correspondence to that address or by emailing us at support@dji.com.

Lastly updated: January 1, 2024

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