Version 1.1 — Effective October 15, 2026 — Posted at defendeye.com/homepage/terms-and-conditions-us/
IMPORTANT — READ BEFORE YOU OPERATE THE SYSTEM. These Terms and Conditions (“Terms”) are a binding agreement between you and DefendEye. They limit DefendEye’s liability, exclude warranties, and put the responsibility for every flight on you. Do not operate an OverWatch drone until you have read and accepted them.
This summary helps you read the Terms. It is not a substitute for them; the full Terms control.
1.1 Binding agreement. These Terms govern every OverWatch System, drone, Ground Control Module, accessory, battery, firmware, the Appless control interface, the DefendEye Cloud, and every related service that DefendEye sells, licenses, or provides (together, the “System”). They apply whether you bought the System from DefendEye, from AT&T, FirstNet, GetWireless, or another authorized reseller, or received it for trial, demonstration, or evaluation.
1.2 Who is bound. “Customer” (or “you”) is the agency, company, or person that orders, pays for, or takes delivery of the System. “Operator” is each individual who launches, controls, monitors, or lands a drone or uses Appless or the Cloud. The Customer is bound as a party. Each Operator is bound personally as to the operating obligations in Sections 7, 8, 9, 11, and 12, and the Customer is responsible for every act of its Operators and Users.
1.3 How you accept. You accept these Terms by doing any one of the following:
1.4 Notice and acceptance before the first flight. DefendEye gives notice of these Terms on the quick-start card packed in every case, on the Terms of Use page (page 3) of the user manual, on the acceptance seal applied over the Drone’s power switch where DefendEye uses one, and in the Cloud. The Customer must give every Operator access to these Terms and the Documentation before that Operator’s first flight and must not let anyone operate the System who has not read them. Where the Cloud or Appless presents these Terms, each User must click “I agree” before continuing, and DefendEye records the user, agency, date, time, IP address, Terms version, and System serial numbers. A User who operates the System without reading these Terms, or without clicking, is still bound by them, and the Customer remains responsible for that User.
1.5 Authority. If you accept on behalf of an agency or company, you confirm that you are authorized to bind it. For government Customers, acceptance by the Customer is given through its authorized official (Section 20.2); an Operator’s click confirms that Operator’s own commitment to operate under these Terms.
1.6 If you do not agree. Do not break the seal, power on, or operate the System. If you bought directly from DefendEye, contact DefendEye within 10 days after the Delivery Date; DefendEye will take back the unused System with its seals intact for a refund of its price, and the Customer pays the return shipping. If you bought from a Reseller, contact the Reseller within 10 days after the Delivery Date; the Reseller’s return policy applies.
1.7 Order of precedence. If documents conflict, this order controls: (1) a written agreement signed by both DefendEye and the Customer; (2) Section 20 for government Customers; (3) these Terms; (4) DefendEye’s quote or order confirmation; (5) the documentation. Pre-printed or standard terms in a Customer purchase order, vendor portal, or similar form are rejected and do not apply, even if DefendEye processes the order. DefendEye’s acceptance of any order is expressly conditioned on the Customer’s assent to these Terms.
1.8 Version. The version of these Terms in effect on the date of your order governs that order. Section 23.7 explains how updates work.
3.1 United States. If you are in the United States or its territories, your contract is with Defendeye USA, Inc., a Delaware corporation, 1025 E. Hallandale Beach Blvd., Suite 1720, Hallandale Beach, FL 33009, USA.
3.2 Outside the United States. If you are anywhere else, your contract is with Defendeye P.S.A., Gromadzka 46A, 30-719 Kraków, Poland, unless your Order names a different DefendEye entity. Mandatory local law may give you rights that these Terms cannot limit; where it does, these Terms apply to the fullest extent that law allows.
3.3 Purchases through a Reseller. If you bought the System from a Reseller, the Reseller’s contract governs price, payment, delivery, taxes, and returns, and the Reseller is your point of contact for those matters. These Terms still govern your use of the System, the Software license, the Limited Warranty, the Device Protection Plan, the Cloud, data, and liability. The Reseller is not authorized to make any warranty or promise on DefendEye’s behalf, and DefendEye is not responsible for any promise a Reseller makes beyond these Terms.
3.4 Carrier services are separate. AT&T, FirstNet, and any other carrier provide cellular service under their own terms and eligibility rules (for FirstNet, verified first-responder eligibility). DefendEye is not a party to your carrier agreement and does not resell, guarantee, or support carrier service. SIM cards and data plans are not included unless your Order says so.
3.5 Affiliates. Defendeye USA, Inc. and Defendeye P.S.A. are affiliates. The protections in these Terms (including Sections 14, 15, and 16) extend to both of them and to their officers, directors, employees, contractors, suppliers, and licensors, each of whom may enforce those protections directly.
3.6 Signed agreements. If DefendEye and the Customer have signed a separate written agreement covering the System (for example, a master purchase agreement, a cooperative-purchasing contract, or a government contract), that agreement controls where it conflicts with these Terms. These Terms fill any gap it leaves.
4.1 Professional use only. The System is designed and sold for public-safety, government, defense, and professional use. It is not a consumer product and is not sold for personal, family, or household use.
4.2 Operators must be adults and trained. Only a person who meets all of the following may operate the System:
4.3 Customer controls access. The Customer must keep Appless and Cloud credentials confidential, assign accounts only to authorized Users, remove access promptly when a User leaves or is no longer authorized, and tell DefendEye promptly about any suspected unauthorized access. The Customer is responsible for everything done under its accounts and shared links.
4.4 Restricted persons. The Customer must not sell, lend, or give the System to, or allow its operation by, any person or entity that is barred under Section 19, that is under 18, or that is not authorized by the Customer.
4.5 Trial, demonstration, and evaluation units. Units provided free of charge or for evaluation remain DefendEye’s property, must be returned on request, and are provided “as is” with no warranty, no Device Protection Plan, and the liability cap in Section 15.4.
This Section applies when you buy directly from DefendEye. For Reseller purchases, see Section 3.3.
5.1 Orders. A quote is valid for 30 days unless it says otherwise. An Order is binding on DefendEye only when DefendEye confirms it in writing or ships. DefendEye may decline any Order, including for export, sanctions, credit, or eligibility reasons. Once DefendEye confirms an Order, the Customer may not cancel or change it without DefendEye’s written consent.
5.2 Prices and taxes. Prices are in US dollars and exclude shipping, insurance, duties, SIM cards, data plans, installation, on-site training, and taxes. The Customer pays all sales, use, excise, and similar taxes unless it gives DefendEye a valid exemption certificate before invoicing. Prices in a quote reflect the quantity quoted; volume discounts apply only as stated in the Order.
5.3 Payment. Payment is due in full before shipment unless the Order says otherwise. A Government Customer whose law does not allow payment in advance pays within 30 days of the invoice date, or within the period its law sets. Late amounts bear interest at 1.5% per month or the highest rate the law allows, whichever is lower, plus collection costs. DefendEye may suspend shipments and Cloud access while any undisputed amount is more than 30 days overdue.
5.4 Delivery. Delivery dates are estimates (typically 30 to 60 days from Order confirmation) and are not guaranteed. DefendEye may ship in installments and invoice each one. DefendEye is not liable for delay caused by carriers, component shortages, export licensing, or events outside its reasonable control.
5.5 Shipping, title, and risk of loss. Unless the Order says otherwise, DefendEye ships FOB Origin (Hallandale Beach, Florida): title and risk of loss pass to the Customer when DefendEye hands the shipment to the carrier. Shipping charges are as stated on the Order. The Customer should insure shipments in transit, or ask DefendEye to add shipping insurance to the Order at cost. Shipments outside the United States are EXW DefendEye’s facility (Incoterms 2020) unless the Order says otherwise. If you bought from a Reseller, the Reseller’s terms govern its shipment to you. The Customer must note visible damage or shortages on the carrier’s delivery record and report them under Section 5.6 so that a carrier claim can be made. Title to Software never passes; Software is licensed under Section 6.
5.6 Inspection and dead-on-arrival units. The Customer must inspect each shipment and report shortages, shipping damage, or a unit that does not power on or pass its self-check within 7 days after the Delivery Date. Reported DOA units are repaired or replaced at DefendEye’s option. Products not reported within 7 days are accepted.
5.7 No returns. All sales are final. Products are not returnable except under Section 1.6 (rejection of these Terms), Section 5.6 (dead on arrival), the Limited Warranty, or the Device Protection Plan. DefendEye does not accept returns for any other reason, including change of mind, over-ordering, or loss of funding, and custom configurations are never returnable.
5.8 What is not included. Unless the Order lists it: physical mounting and on-site setup of the Ground Control Module; on-site or in-person training; SIM cards and data plans; tablets or phones; and extended support. One hour of remote onboarding per System is included.
5.9 Security interest. Until DefendEye receives payment in full, the Customer grants DefendEye a security interest in the products sold, and authorizes DefendEye to file any notice needed to protect it.
6.1 License, not sale. The Software is licensed, not sold. DefendEye grants the Customer a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software only as embedded in or delivered with the System, only to operate the System, and only as described in the Documentation. DefendEye and its affiliate Defendeye P.S.A. keep all other rights.
6.2 Restrictions. The Customer and its Users must not, and must not let anyone else:
6.3 Updates are the Customer’s job to install. DefendEye may release updates, patches, and new versions. Firmware updates are installed by the Customer through the Cloud or by USB; DefendEye does not push firmware to a drone during an incident. The Customer must install any update that DefendEye designates as a safety, security, or compliance update within 14 days of notice, or before the next flight if the notice says so. Flights with firmware that is out of date in that way are at the Customer’s risk and are excluded from the Limited Warranty and the Device Protection Plan.
6.4 Changes. Updates may add, change, or remove features. DefendEye may end support for a Software version on 90 days’ notice. DefendEye may require a current Software version for Cloud access.
6.5 Remote data and diagnostics. The Customer agrees that the System sends Usage Data, flight logs, and diagnostic information to the Cloud when connected, and that DefendEye may use them to provide, secure, support, and improve the System (Section 11).
6.6 Suspension of Software functions. DefendEye may suspend or limit Cloud and Appless cloud functions, or disable a Software function, if DefendEye reasonably believes it is needed to address a security risk, comply with law, protect the System or other customers, or respond to a material breach of these Terms or non-payment. DefendEye will not take any such action against an aircraft that is in flight, and will give notice as soon as reasonably practical.
6.7 Open-source and third-party software. The Software includes open-source and third-party components licensed under their own terms, which DefendEye lists in the software bill of materials available on request. Those terms govern those components; they do not expand DefendEye’s obligations.
6.8 Integrations. Integrations with third-party platforms (for example, Axon, Motorola Solutions, Genetec, or a CAD system) depend on those platforms and their terms. DefendEye may change or withdraw APIs on 90 days’ notice and is not responsible for third-party platforms.
6.9 US Government end users. The Software is “commercial computer software” and “commercial computer software documentation” developed at private expense. US Government users get only the rights in this license, as provided in FAR 12.212, FAR 52.227-19, and DFARS 227.7202, as applicable.
7.1 You are responsible for every flight. The Operator is the pilot in command of every flight and has final authority and responsibility for it. DefendEye does not control, direct, monitor, authorize, or supervise any flight, and no DefendEye support, onboarding, cloud feature, or automated behavior changes that. The Customer is responsible for deciding when, where, and whether to fly.
7.2 FAA rules (United States). The Customer and each Operator must comply with all FAA rules that apply, including:
7.3 GPS-free takeoff. By default the Drone will not take off without a GPS fix. An administrator may enable GPS-free takeoff (optical-flow mode), which lets the Drone take off before it can broadcast its own position. In the United States, use this mode only indoors, or under an FAA authorization or waiver that allows operation without the full Remote ID message. The Customer is solely responsible for every GPS-free takeoff. Each one is recorded in the flight log.
7.4 Outside the United States. The Customer must comply with the aviation, registration, operator-identification, radio-spectrum, and import rules of every country where the System is operated, and must obtain every permit and authorization itself.
7.5 State, local, and privacy law. The Customer must comply with all state, local, tribal, and foreign laws on drone operation, surveillance, privacy, evidence, recording, data retention, and public records. Examples include state laws that require a warrant or other lawful basis for law-enforcement drone use (such as Florida Statutes section 934.50), laws restricting flights over critical infrastructure, laws prohibiting weapons on drones, trespass and nuisance laws, wiretap and consent laws if any audio is captured, and biometric-privacy laws if any feature is used to identify individuals.
7.6 Lawful basis for each flight. Before each flight, the Customer must determine that it has lawful authority to fly, to observe, and to record what the flight will capture, including any warrant, consent, exigent circumstance, or statutory exception that applies. DefendEye does not review, verify, or advise on the lawfulness of any flight, and makes no promise that any recording will be admissible as evidence.
7.7 Procurement and eligibility. The Customer is responsible for confirming that it may lawfully buy, fund, and operate the System under its own procurement rules, grant conditions, approved-product lists, and security policies. DefendEye makes statements about country of origin, components, supply chain, certifications, and security posture only in a written compliance statement signed by a DefendEye officer for the specific units ordered. Marketing materials, FAQs, demonstrations, and statements by sales staff or Resellers are not such statements.
7.8 Records and incident notice. The Customer must keep flight logs, maintenance records, and incident records. Within 2 business days after any accident, injury, fire, fly-away, loss of control, or property damage involving the System, the Customer must notify DefendEye in writing, preserve the Drone, battery, Ground Control Module, and logs in their post-incident condition, and give DefendEye reasonable access to them.
7.9 Fines and penalties. The Customer is responsible for all fines, penalties, and sanctions arising from its Operators’ flights, and will reimburse DefendEye for any that are imposed on DefendEye because of them.
8.1 Follow the Documentation. The Customer and each Operator must read and follow the user manual, the quick-start card, the safety warnings in Appendix B, and every in-product warning. Where these Terms and the Documentation differ on a safety matter, the more cautious rule applies.
8.2 No obstacle avoidance. The Drone has no obstacle detection or avoidance. It launches straight up from the launch point, hovers, and on return-to-launch descends along the same vertical path to the launch point. Before launch and during the entire flight the Operator must make sure that the airspace directly above the launch point is clear of wires, trees, bridges, buildings, aircraft, and people, and that the launch point itself stays clear for the return. Never launch under an overhead obstacle.
8.3 Pre-flight. Before every flight the Operator must inspect the Drone and propellers for damage, confirm a charged and undamaged battery, confirm a GPS fix (unless Section 7.3 applies), confirm the Remote ID self-check, check the weather and wind, confirm the airspace and lawful basis (Section 7), and clear the launch area of people and animals.
8.4 Environmental limits. Operate only within the limits in the Documentation, including wind, temperature, visibility, and precipitation limits. The Drone is water- and dust-resistant to IP55 only: never submerge it, fly it in heavy rain beyond its rating, or expose it to sand or debris. Do not fly during thunderstorms or near strong radio or electromagnetic interference. Water intrusion from rain, snow, fog, or condensation beyond the IP rating, extreme heat or cold, and high winds can cause crashes and sensor failures. Operating in adverse weather or outside the published limits is entirely at the Customer’s risk, and DefendEye is not liable for crashes, sensor failures, or disruptions caused by it.
8.5 Automatic behaviors are not a safety net. The Drone returns to the launch point and lands on low battery, on loss of link, when the Ground Control Module is switched off, or when the Operator commands it. These behaviors are aids. They can fail, and they do not avoid obstacles or people. The Operator must watch the Drone throughout the flight, keep the launch area clear, and be ready to land it in place at any time. Never try to catch, grab, or stop a Drone by hand while the propellers can turn.
8.6 Propellers. Propellers can cut. Keep hands, face, and bystanders clear of the Launch Module opening and of the Drone whenever it is powered. Replace propellers at the interval in the Documentation (about every 10 flights, and sooner after any hard landing), using only DefendEye propellers.
8.7 Batteries. The Drone uses lithium-ion battery packs, which can overheat, catch fire, or explode if damaged, shorted, punctured, crushed, wet, or charged improperly. The Customer must:
8.8 No modifications or unapproved parts. The Customer must not modify the System, open the Drone or Ground Control Module housing, or use any propeller, battery, charger, antenna, radio module, payload, or accessory that DefendEye did not supply or approve in writing. Do not attach anything to the Drone. Any modification ends the Limited Warranty and the Device Protection Plan and makes the Customer solely responsible for the result.
8.9 Maintenance and storage. Keep the System clean and dry, follow the maintenance schedule in the Documentation, store the Drone in its Launch Module or case, and keep the Ground Control Module securely mounted. Mounting and installation of the Ground Control Module are the Customer’s responsibility and must not interfere with vehicle safety systems or airbags.
8.10 Stop flying if something is wrong. If the Drone behaves unexpectedly, vibrates, loses link, shows a warning, or is damaged, land it in place as soon as it is safe and do not fly it again until it has been inspected.
9.1 Detection is an aid, not a result. The System’s onboard AI highlights what it thinks may be a person (or, where enabled, an armed person or another object) by drawing a box on the live video. Detection performance varies with altitude, lighting, weather, distance, motion, clothing, terrain, water conditions, and scene clutter. THE SYSTEM CAN MISS A PERSON WHO IS THERE AND CAN MARK SOMETHING THAT IS NOT A PERSON. The Operator must verify every detection with the Operator’s own eyes and judgment before acting on it.
9.2 No promise to find anyone. DefendEye does not promise that the System will detect, locate, identify, track, or help rescue any person, animal, vessel, vehicle, or object, in any conditions. The System is a tool that may assist a search; it does not replace a search, trained responders, or standard search-and-rescue, patrol, or tactical procedures.
9.3 The Operator stays in control. The System does not fly autonomous missions. Automated behaviors (launch, climb to a set height, hover, virtual tether, follow a beacon, return-to-launch, and landing) run only on the Operator’s command or on the safety triggers described in the Documentation, and the Operator can stop them at any time. The Operator remains pilot in command during every automated behavior and must monitor the Drone throughout.
9.4 Not a decision-maker. The live video feed, the Cloud data, and all System outputs, including detection boxes, positions, altitudes, distances, timestamps, and alerts, are provided for informational purposes only. They are not advice, not evidence of what a person is doing, and not a basis on their own for any decision about use of force, arrest, detention, medical treatment, or the deployment or withdrawal of responders. People, not the System, make those decisions. Users must rely on their standard training, protocols, and primary life-safety tools, and must never rely solely on the System or its video feed for a life-and-death decision.
9.5 Not a life-safety or emergency system. The System is not classified, designed, certified, or guaranteed as a life-saving device. It must not be relied on as a life-support, life-safety, 911, dispatch, or emergency-communication system, or as the sole means of locating, monitoring, or protecting any person. DefendEye makes no representation that use of the System will preserve life, prevent injury, or locate any individual during a search, rescue, patrol, or tactical mission.
9.6 Accuracy of data. Positions, altitudes, and distances come from GPS, optical flow, barometric, and inertial sensors and have inherent error, which grows in urban canyons, at night, over water, and under interference or spoofing. Timestamps depend on device clocks. The Customer must not rely on System data for any purpose that requires survey-grade or forensic-grade accuracy without independent verification.
9.7 Demonstrations and marketing are not warranties. Videos, demonstrations, brochures, detection rates, flight times, ranges, and other performance figures describe what the System can do in the conditions shown or tested. They are not warranties, specifications, or promises of performance in your conditions.
9.8 Features may change. DefendEye may add, improve, limit, or remove detection classes and automated behaviors through updates, and may require Operator confirmation before certain behaviors run.
9.9 No facial recognition. The System’s detection does not identify individuals. The Customer must not use the System, the Cloud, or exported video with any facial-recognition or biometric-identification tool unless the Customer has confirmed that such use is lawful in its jurisdiction and complies with Section 7.
10.1 Two links. The Drone talks to the Ground Control Module over a short-range radio link (about a quarter mile in open conditions, less around buildings, trees, or interference). The Ground Control Module reaches the Cloud over a cellular modem (or, where fitted, a satellite adapter) using a SIM and data plan that the Customer obtains from a carrier. Local control through the Ground Control Module’s Wi-Fi hotspot works without the internet.
10.2 Carrier service. Cellular service, including AT&T FirstNet, is provided by the carrier under the carrier’s terms, coverage, priority, and eligibility rules. The carrier, not DefendEye, is responsible for the network. Coverage is not guaranteed anywhere, data may be delayed or lost, and 911 or emergency calling is not available through the System. The Customer must keep its carrier account and FirstNet eligibility current. FirstNet eligibility is verified by AT&T, and the carrier may audit it.
10.3 Loss of connectivity. Losing cellular service stops Cloud streaming and recording but does not stop local operation. Losing the Drone-to-Ground Control Module radio link triggers return-to-launch, which the Operator must monitor under Section 8.5. Radio interference, jamming, spoofing, terrain, structures, and weather can interrupt either link at any time, and DefendEye is not responsible for the consequences.
10.4 Cloud availability. DefendEye will use commercially reasonable efforts to keep the Cloud available, but the Cloud may be unavailable for maintenance, upgrades, outages at the hosting provider, carrier problems, security incidents, or events outside DefendEye’s control. DefendEye does not promise any uptime, latency, or recording completeness unless a signed agreement states a service level. Live video shown to remote viewers is delayed by network latency.
10.5 Cloud subscription. Each Ground Control Module includes a 12-month Cloud subscription from the Delivery Date of the Ground Control Module, unless the Order says otherwise. Renewals are purchased by Order at DefendEye’s then-current price. When a subscription ends, Cloud streaming, recording, and sharing for that Ground Control Module stop; local operation continues. Section 11.8 covers data export after expiry.
10.6 Support. Support is provided remotely during DefendEye’s business hours, by email and the support channels listed at defendeye.com. DefendEye aims to respond within one business day. Response targets are goals, not guarantees, and support does not include flight supervision or incident response.
10.7 Shared links and third-party viewers. The Customer controls who receives shared video links and for how long. Anyone with a link can view the video until it expires. DefendEye is not responsible for how recipients use or forward what they see.
10.8 Third-party products. Phones, tablets, browsers, SIM cards, satellite terminals, vehicle mounts, and integrated platforms are third-party products governed by their own terms. DefendEye does not warrant them and is not responsible for their failure.
10.9 Radio compliance. Operate the System’s radios only in countries where they are authorized for use, and do not change antennas, power settings, or frequencies.
10.10 Changes and discontinuation. DefendEye may modify, suspend, or discontinue any feature of the Cloud or the Services. If DefendEye permanently discontinues the Cloud during a paid subscription, it will give at least 90 days’ notice and refund the unused prepaid portion of that subscription, which is the Customer’s sole remedy for the discontinuation. DefendEye is not otherwise liable for any modification, suspension, or discontinuation.
11.1 Your data is yours. The Customer owns its Customer Data. DefendEye claims no ownership of video, images, flight logs, or locations captured by the System. The Customer grants DefendEye a license to host, process, transmit, store, display, and back up Customer Data only to provide, secure, support, and improve the System, to comply with law, and as the Customer directs. DefendEye personnel in the United States and Poland do not view or access Customer Data in the ordinary course of business. Customer Data is accessible only through the Customer’s Cloud portal, to the Users the Customer authorizes, except where the Customer asks DefendEye in writing for help with specific data or the law compels disclosure (Section 11.4).
11.2 Where and how data is stored. No video or Customer Data is recorded or stored on the Drone or the Ground Control Module. Video and telemetry are encrypted in transit and at rest and are stored in the DefendEye Cloud hosted in Amazon Web Services data centers in the United States. Recording happens only when the Ground Control Module is connected to the Cloud; nothing is recorded while operating offline unless a local-recording feature is expressly enabled. DefendEye may offer a dedicated or Customer-owned cloud deployment under a separate Order.
11.3 Retention and deletion. Recordings and flight logs are kept for 30 days by default, then deleted, unless the Customer configures a different retention period or places a legal hold. The Customer is responsible for choosing a retention period that meets its records-retention, evidence, and public-records obligations, and for downloading what it needs to keep. Audit logs of user actions are kept as described in the Documentation.
11.4 Customer is the records custodian. The Customer is the controller and custodian of Customer Data. It alone decides what is captured, who may view it, how it is shared, whether it is a public record or exempt, and how long it is retained. DefendEye acts on the Customer’s instructions. DefendEye produces Customer Data to third parties only when the Customer directs it, or when the law requires it, in which case DefendEye will notify the Customer unless the law forbids it.
11.5 Lawful collection is the Customer’s responsibility. The Customer must have a lawful basis to capture, retain, use, and disclose Customer Data (Section 7.6), including under the Fourth Amendment and its state equivalents, surveillance statutes, evidentiary rules, and CJIS requirements; must give any notice and obtain any consent the law requires; and must not use the System to collect data it is not entitled to collect. DefendEye is not responsible for the unauthorized distribution, leak, or misuse of video by the Customer’s personnel or by anyone who receives it from the Customer.
11.6 CJIS and security addenda. The Customer decides whether any Customer Data is criminal justice information subject to the FBI CJIS Security Policy or similar rules. On request, DefendEye will sign the FBI CJIS Security Addendum or a reasonable data-protection addendum, and will cooperate with background checks for personnel who may access unencrypted Customer Data, on terms agreed in an Order.
11.7 DefendEye access. DefendEye personnel access Customer Data only to provide support that the Customer requests, to investigate security incidents, to comply with law, or with the Customer’s permission. Access is logged.
11.8 Export and return. The Customer may download recordings and flight logs at any time while its subscription is active. For 30 days after a subscription ends or an account is closed, the Customer may request an export in a standard format. After that period DefendEye may delete the Customer Data without further notice, except as law or a legal hold requires.
11.9 Usage Data and improvement. DefendEye collects and may use Usage Data, flight logs, and diagnostic information to operate, secure, support, and improve the System and to develop new products, and may share aggregated or de-identified statistics. DefendEye does not use the Customer’s video or images to train artificial-intelligence models unless the Customer opts in in writing.
11.10 Security. DefendEye maintains administrative, technical, and physical safeguards appropriate to the System, including encryption, signed firmware, access controls, and audit logging, as described in its security documentation. No system is perfectly secure. The Customer is responsible for securing its own devices, networks, credentials, and shared links. To the fullest extent permitted by law, DefendEye is not liable for data loss, unauthorized access, ransomware, or privacy breaches that result from compromised User credentials, the Customer’s devices or networks, or outages or incidents at the hosting provider that DefendEye did not cause.
11.11 Security incidents. If DefendEye becomes aware of unauthorized access to Customer Data in the Cloud, it will notify the Customer without undue delay, give the information the Customer reasonably needs to meet its own notification duties, and take reasonable steps to contain the incident.
11.12 Personal data of Users. Account information about Users (name, email, role, login activity) is processed under the DefendEye Privacy Policy at defendeye.com/homepage/privacy-policy-2/.
11.13 Public records. DefendEye understands that a Government Customer may have to disclose these Terms, Orders, pricing, and some Customer Data under public-records laws. Section 20.5 applies.
The Customer and its Users must not use, or allow anyone to use, the System:
DefendEye may suspend Cloud and Appless cloud functions under Section 6.6 if it reasonably believes a prohibited use is occurring. Prohibited use, and any unlawful, reckless, or non-compliant operation under Section 7, ends the Limited Warranty, the Device Protection Plan, and technical support for the affected unit, and is a material breach of these Terms.
13.1 Drones are sold “as is”. THE DRONE (AIRCRAFT), ITS BATTERY PACKS, AND ITS PROPELLERS ARE SOLD “AS IS” AND “WITH ALL FAULTS”, WITHOUT ANY WARRANTY OF ANY KIND. Drones can crash, be damaged, and be lost in normal use. The only coverage available for a Drone is the dead-on-arrival exchange in Section 13.6 and, if purchased, the Device Protection Plan in Section 13.5.
13.2 Non-flying products: 12-month Limited Warranty. DefendEye warrants to the original Customer that the Ground Control Module (including its modem and carrier board), the Launch Modules, the Launch Module Charger, cables, and the hardened case will be free from defects in materials and workmanship under normal use in accordance with the Documentation for 12 months from the Delivery Date.
13.3 Your sole remedy. If a covered product fails to meet Section 13.2 during the warranty period and the Customer makes a valid claim under Section 13.7, DefendEye will, at its option, (a) repair the product using new or refurbished parts, (b) replace it with a new or refurbished product of equal or better function, or (c) if neither is commercially practicable, refund the price paid for the product, less a reasonable allowance for use. THIS IS THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY WARRANTY CLAIM. A repaired or replacement product is warranted for the remainder of the original period or 90 days, whichever is longer. Replaced parts and products become DefendEye’s property.
13.4 What the Limited Warranty does not cover. The Limited Warranty does not cover, and the Device Protection Plan (except as stated in Section 13.5) does not cover:
Where crash, fire, or water damage prevents DefendEye from determining the cause of a failure, the failure is presumed to result from an excluded cause.
13.5 Device Protection Plan (optional, per Drone). If the Customer buys the Device Protection Plan for a Drone with the initial System Order:
13.6 Dead on arrival. If any product, including a Drone, does not power on or does not pass its first self-check out of the box, and the Customer reports it to DefendEye in writing within 7 days after the Delivery Date, DefendEye will repair or replace it under Section 13.3. Reports after 7 days are handled as ordinary warranty or Device Protection Plan claims, if any apply.
13.7 How to make a claim.
13.8 Software and Cloud. The Software and the Cloud are provided “as is” (Section 14). DefendEye’s commitments for them are only the updates described in Section 6 and the support described in Section 10.
13.9 This is the only warranty. This Limited Warranty is the only warranty DefendEye gives. No DefendEye employee, Reseller, carrier, or agent may extend, expand, or change it, and no statement in marketing, quotes, FAQs, demonstrations, or support communications creates a warranty, unless a DefendEye officer signs a writing that says it does.
13.10 Consumers. The System is not sold for consumer use (Section 4.1). If the law nevertheless treats a Customer as a consumer or a product as a consumer product, then to the extent the law does not allow the exclusions above: implied warranties are limited to the duration of the express warranty for that product, or to 90 days for products sold “as is”; some jurisdictions do not allow limits on how long an implied warranty lasts or the exclusion of incidental or consequential damages, so some limits may not apply; and this Limited Warranty gives specific legal rights, and the Customer may have other rights that vary by jurisdiction. A free paper copy of this Limited Warranty is available on request to the address in Section 24.
14.1 EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION 13.2, THE SYSTEM, THE SOFTWARE, THE CLOUD, THE SERVICES, AND THE DOCUMENTATION ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, DEFENDEYE AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
14.2 WITHOUT LIMITING SECTION 14.1, DEFENDEYE DOES NOT WARRANT THAT:
14.3 No reliance. The Customer confirms that it has not relied on any statement, specification, demonstration, sample, video, or figure that is not expressly set out in these Terms or in a writing signed by a DefendEye officer, and that it has made its own assessment of whether the System is suitable for its needs.
14.4 Jurisdictions that limit disclaimers. Some jurisdictions do not allow some of these disclaimers. In those jurisdictions, the disclaimers apply to the fullest extent the law allows, and any implied warranty that cannot be disclaimed is limited in duration as provided in Section 13.10.
15.1 No indirect damages. TO THE FULLEST EXTENT PERMITTED BY LAW, DEFENDEYE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, RESELLERS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, RECORDINGS, OR EVIDENCE, LOSS OF USE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, FINES OR PENALTIES, MISSION FAILURE, OR DAMAGES ARISING FROM A FAILURE TO DETECT, LOCATE, OR RESCUE ANY PERSON, EVEN IF DEFENDEYE WAS ADVISED THAT SUCH DAMAGES WERE POSSIBLE, AND WHATEVER THE LEGAL THEORY (CONTRACT, WARRANTY, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, STATUTE, OR OTHERWISE).
15.2 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF DEFENDEYE AND THE PERSONS LISTED IN SECTION 15.1, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SYSTEM, THE SERVICES, OR THESE TERMS, WILL NOT EXCEED THE PRICE PAID FOR THE SPECIFIC PRODUCT THAT GAVE RISE TO THE CLAIM OR, FOR A CLAIM ARISING FROM A SUBSCRIPTION SERVICE, THE FEES PAID FOR THAT SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Multiple claims do not enlarge this cap.
15.3 Operation of the System. TO THE FULLEST EXTENT PERMITTED BY LAW, DEFENDEYE IS NOT LIABLE FOR ANY INJURY, DEATH, OR DAMAGE TO PROPERTY ARISING FROM THE OPERATION OF THE SYSTEM BY THE CUSTOMER OR ITS USERS, INCLUDING FROM A CRASH, A FLY-AWAY, A FALLING OR RETURNING DRONE, PROPELLER CONTACT, A BATTERY FIRE OR BATTERY DEPLETION, A COLLISION, LOSS OF CONTROL OR ORIENTATION, A HARDWARE MALFUNCTION, A SOFTWARE OR FIRMWARE DEFECT, LOSS OF A RADIO, CELLULAR, GPS, OR CLOUD LINK, INTERFERENCE, JAMMING, OR SPOOFING, OR FROM ANY DECISION MADE OR NOT MADE IN RELIANCE ON SYSTEM OUTPUT.
15.4 Free units. For trial, demonstration, evaluation, or other units or services provided free of charge, DefendEye’s total liability is limited to US $1,000.
15.5 What these limits do not cover. Nothing in these Terms limits liability (a) for DefendEye’s gross negligence, willful misconduct, or fraud, or (b) that cannot be limited under applicable law. The limits also do not apply to the Customer’s payment obligations or to the Customer’s indemnity obligations under Section 16.
15.6 Basis of the bargain. The Customer agrees that the prices of the System reflect these limits, that DefendEye would not sell or license the System without them, and that they apply even if a limited remedy fails of its essential purpose. Each limit in Sections 13, 14, 15, and 16 is independent of the others.
15.7 Time limit for claims. To the fullest extent permitted by law, any claim against DefendEye arising out of or relating to the System or these Terms must be brought within one year after the claim accrues, and warranty claims accrue on the Delivery Date.
15.8 Insurance first. The Customer agrees to look first to its own insurance (Section 17) and to any Device Protection Plan for any loss involving the System.
16.1 Assumption of risk. Operating an unmanned aircraft and relying on wireless, cloud-based video involve inherent risks, unpredictable environments, and technical limitations that no design, warning, training, or automated behavior removes. The Customer and each Operator understand and accept those risks and assume all risk of mission failure, injury, death, property damage, and loss arising from the operation, storage, charging, transport, and use of the System, except to the extent caused by DefendEye’s gross negligence or willful misconduct, including loss resulting from:
16.2 Indemnification by the Customer. To the fullest extent permitted by law, the Customer will defend, indemnify, and hold harmless DefendEye, its affiliates (including Defendeye P.S.A.), and their officers, directors, employees, contractors, Resellers, suppliers, and licensors (the “DefendEye Parties”) from and against all claims, demands, suits, investigations, losses, damages, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, brought by any third party (including the Customer’s own employees, Operators, and insurers) that arise out of or relate to:
16.3 Procedure. DefendEye will notify the Customer promptly of a claim, allow the Customer to control the defense with counsel reasonably acceptable to DefendEye, and cooperate at the Customer’s expense. The Customer may not settle a claim in a way that admits fault by, or imposes an obligation on, a DefendEye Party without that Party’s written consent. DefendEye may participate with its own counsel at its own expense.
16.4 Intellectual-property claims against the Customer. If a third party claims that the Software or the Cloud, as delivered by DefendEye and used in accordance with these Terms, infringes its intellectual-property rights, DefendEye may, at its option and expense, obtain the right for the Customer to continue using it, modify or replace it so that it does not infringe, or accept its return and refund the price paid for it, less a reasonable allowance for use. This Section states DefendEye’s entire obligation for intellectual-property claims. It does not apply to claims arising from modifications, combinations with other products, use after notice to stop, Customer Data, or Customer specifications.
16.5 Government Customers. For a Government Customer, Sections 16.1 and 16.2 apply only to the extent permitted by the law that governs that Customer, and nothing in them waives sovereign immunity or extends liability beyond the limits in that law (Section 20).
17.1 Non-government Customers. A Customer that is not a Government Customer must maintain, for as long as it possesses the System, aviation or unmanned-aircraft liability insurance of at least US $1,000,000 per occurrence covering bodily injury and property damage arising from operation of the System, naming Defendeye USA, Inc. and Defendeye P.S.A. as additional insureds and waiving subrogation against them. The Customer will provide a certificate of insurance on request. Hull coverage for the Drones is recommended.
17.2 Government Customers. A Government Customer will maintain liability coverage or self-insurance for its unmanned-aircraft operations as its law and risk-management program provide, and will confirm its program on request.
17.3 The Device Protection Plan is not insurance. The Device Protection Plan (Section 13.5) does not satisfy this Section, does not cover liability to anyone, and does not cover fly-aways, theft, or loss.
17.4 No insurance from DefendEye or carriers. Neither DefendEye nor any carrier or Reseller provides liability, hull, or other insurance for the Customer’s operations unless an Order expressly states otherwise.
18.1 Ownership. Defendeye P.S.A. and Defendeye USA, Inc. own all intellectual-property rights in the System, the Software, the Cloud, the Documentation, the detection models, the designs, and all improvements, including anything developed from Usage Data or feedback. Nothing in these Terms transfers any of those rights to the Customer. Buying hardware gives the Customer title to the hardware only (Section 5.5).
18.2 Trademarks. DEFENDEYE, OVERWATCH, APPLESS, and the DefendEye logos are trademarks of DefendEye. FIRSTNET and AT&T are trademarks of AT&T Intellectual Property. The Customer may not use any DefendEye trademark, or DefendEye’s name, in any publicity, website, or endorsement without DefendEye’s prior written consent, and may not remove or obscure any trademark on the System.
18.3 Customer references. DefendEye may identify the Customer as a customer only with the Customer’s prior written consent, which the Customer may withdraw at any time.
18.4 Feedback. If the Customer or a User gives DefendEye suggestions, ideas, or feedback about the System, DefendEye may use them without restriction or payment, and the Customer grants DefendEye a perpetual, irrevocable, worldwide, royalty-free license to do so. Feedback does not include Customer Data.
18.5 Patents and designs. DefendEye protects the System through patents, patent applications, trade secrets, and other intellectual-property rights in the United States, Poland, the European Union, and elsewhere. The Customer must not copy, imitate, or reverse engineer the airframe, Ground Control Module, Launch Module, circuit boards, or any part of the System, or help anyone else do so.
18.6 Reservation. All rights not expressly granted are reserved. No license is granted by implication, estoppel, or otherwise.
19.1 Export laws apply. The System, the Software, and related technical data are subject to the export-control and sanctions laws of the United States (including the Export Administration Regulations, the International Traffic in Arms Regulations where applicable, and OFAC sanctions), of Poland and the European Union, and of any country from which they are shipped.
19.2 No unauthorized export. The Customer must not export, re-export, transfer, or release the System, the Software, or technical data, in whole or in part, to any country, person, or end use that is prohibited or that requires a government authorization the Customer does not hold. This includes carrying the System across a border and giving a foreign national access to the Software or technical data.
19.3 Customer certifications. The Customer certifies that it, its owners, and its Users are not on any US, EU, or UN restricted-party list; that the Customer is not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive US sanctions; and that it will not use the System for any prohibited military, nuclear, missile, or chemical-or-biological-weapons end use.
19.4 DefendEye may refuse or cancel. DefendEye may refuse, delay, or cancel any Order or shipment, and may suspend Services, if it believes in good faith that performance would violate export-control or sanctions law, without liability to the Customer.
19.5 Government end-user screening. Where the law requires it, the Customer will provide end-user, end-use, and destination information on request and will keep records of transfers of the System for five years.
20.1 When this Section applies. This Section applies to every Government Customer and controls over any conflicting provision of these Terms. Everything else in these Terms applies to Government Customers unchanged.
20.2 Acceptance. A Government Customer accepts these Terms through an Order, contract, or purchase through a Reseller that is issued or approved by an official with authority to bind it, or by accepting delivery of and using the System after notice of these Terms; a signed Appendix A is optional. An Operator’s acceptance in the Cloud or Appless confirms that Operator’s personal commitment to operate under Sections 7, 8, 9, 11, and 12; it does not by itself create obligations for the Government Customer beyond those its authorized official accepted.
20.3 Sovereign immunity and limits set by law. Nothing in these Terms waives any sovereign or governmental immunity, or extends a Government Customer’s liability beyond the limits set by its governing law (for Florida agencies, section 768.28, Florida Statutes). The indemnity in Section 16.2, the assumption of risk in Section 16.1, the insurance requirement in Section 17.1, the jury waiver, and the arbitration clause apply to a Government Customer only to the extent its law permits. Where its law does not permit a provision, the provision is read as the nearest obligation its law does permit, and the Government Customer’s own operators and officials remain responsible for their own conduct as the law provides.
20.4 Governing law and venue. For a state, local, or tribal Government Customer, the law of that Customer’s state governs, and venue lies in the courts that its law requires, in place of Section 22.2. For a US federal Customer, federal law governs and disputes follow the Contract Disputes Act. Arbitration under Section 22.3 applies only if the Government Customer agrees to it in writing. Sections 22.5 (no class actions) and 22.6 (notice and negotiation) still apply.
20.5 Public records. DefendEye acknowledges that these Terms, Orders, and pricing may be public records. DefendEye’s firmware, source code, security assessments, penetration-test reports, bills of materials, detection-model details, and similar technical materials are DefendEye’s trade secrets and confidential information, and the Government Customer will give DefendEye notice and an opportunity to object before disclosing them, to the extent its law allows. Where DefendEye acts on behalf of a Florida public agency (for example, by hosting Customer Data), DefendEye will comply with section 119.0701, Florida Statutes: it will keep and maintain the public records required to perform the service, provide the agency with copies on request at no more than the cost allowed by law, keep exempt or confidential records confidential, and on termination transfer those records to the agency or keep them as the agency directs. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT [agency custodian’s telephone number, email address, and mailing address, to be inserted in the Order].
20.6 Non-appropriation. A Government Customer’s obligation to pay for any period after its current fiscal year is contingent on the appropriation of funds for that purpose. If funds are not appropriated, the Government Customer may end the affected subscription or multi-year obligation at the end of the funded period by written notice, without penalty, after paying for products delivered and services provided through that date. For Florida state agencies: the State of Florida’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.
20.7 US federal Customers. The System and Services are commercial products and commercial services under FAR Part 12. The Software is licensed under Section 6.9. No provision of these Terms requires an open-ended indemnity, automatic renewal, payment of attorneys’ fees, or arbitration where that would violate federal law (including 31 U.S.C. 1341), and any such provision is inapplicable to a federal Customer. These Terms may be changed for a federal Order only by a modification signed by both parties.
20.8 Flow-down clauses. DefendEye accepts only the contract clauses that the law requires for commercial products and services, and only when the Order lists them. DefendEye does not accept other flow-downs by reference.
20.9 Version and changes. The version of these Terms in effect on the Order date governs that Order for its term. Updates under Section 23.7 do not apply to an existing government Order unless the Government Customer agrees in writing.
20.10 Cooperative purchasing. Other public bodies may buy under a cooperative or piggyback contract that incorporates these Terms, and each is a separate Customer.
20.11 Certifications. DefendEye certifies that it is not debarred, suspended, or excluded from public procurement in the United States, and will notify the Government Customer if that changes.
21.1 Term. These Terms apply from the Customer’s first acceptance for as long as the Customer or any of its Users possesses or uses any part of the System.
21.2 Suspension. DefendEye may suspend Cloud access, Appless cloud functions, Services, or shipments under Sections 5.3, 6.6, 12, or 19.4. DefendEye will restore them promptly once the cause is resolved.
21.3 Termination for breach. DefendEye may terminate the Software license and the Services for a Customer that materially breaches these Terms and does not cure the breach within 30 days after written notice, or immediately for a prohibited use under Section 12, a breach of Section 6.2 or Section 19, or non-payment that continues 30 days after notice. The Customer may stop using the System at any time.
21.4 Effect of termination. On termination of the license, the Customer must stop using the Software and the Cloud and may not fly the Drones, because they cannot operate without the Software. Sections 11.8 (data export) and 23.10 (survival) apply. Termination does not entitle the Customer to any refund except as Section 5.6 or Section 13 provides.
21.5 Transfer of the System. The Customer may transfer a System to another organization only if it first notifies DefendEye in writing with the serial numbers and the transferee’s identity, the transferee accepts these Terms, the transfer complies with Section 19, and the Customer removes its Customer Data and credentials. The Limited Warranty, the Device Protection Plan, and any remaining Cloud subscription do not transfer unless DefendEye agrees in writing. A transfer that does not meet these conditions is a breach, and DefendEye may refuse Cloud access to the transferred System.
21.6 Decommissioning. Before disposing of any part of the System, the Customer must remove its credentials and data, and must dispose of batteries and electronics only through licensed recyclers in accordance with law. DefendEye will take back end-of-life Drones and batteries for recycling under an RMA on request.
22.1 Governing law. These Terms, and any dispute arising out of or relating to them or the System, are governed by the laws of the State of Florida and applicable US federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For a Government Customer, Section 20.4 applies instead where it differs.
22.2 Courts. Subject to Section 22.3, the state and federal courts located in Broward County, Florida have exclusive jurisdiction, and each party submits to their personal jurisdiction and venue. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property, confidential information, or export-control obligations, or to stop a prohibited use.
22.3 Arbitration (non-government Customers). Any dispute between DefendEye and a Customer that is not a Government Customer, which the parties cannot resolve under Section 22.6, will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, in Broward County, Florida, in English. The arbitrator applies these Terms and Florida law, may award only relief available to an individual party, and has no authority to award damages that Section 15 excludes. Judgment on the award may be entered in any court of competent jurisdiction. Arbitration filings and awards are confidential except as needed to enforce them. Either party may bring an individual claim in small-claims court instead.
22.4 JURY WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SYSTEM.
22.5 No class or representative actions. Each party may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. If this Section is found unenforceable for a particular claim, that claim proceeds in court under Section 22.2, not in arbitration.
22.6 Notice and negotiation first. Before starting arbitration or litigation (other than for injunctive relief), the complaining party must send the other a written notice describing the dispute and the relief sought. The parties will try in good faith to resolve the dispute for 45 days after the notice. The time limit in Section 15.7 is paused during those 45 days.
22.7 Prevailing party. In any proceeding to enforce these Terms between DefendEye and a non-government Customer, the prevailing party may recover its reasonable attorneys’ fees and costs.
22.8 Customers outside the United States. Where Defendeye P.S.A. is the contracting entity (Section 3.2), the laws of Poland govern, the CISG is excluded, and the common courts in Kraków, Poland have exclusive jurisdiction, unless mandatory law in the Customer’s country provides otherwise. Sections 22.4 to 22.7 apply to the extent permitted.
23.1 Entire agreement. These Terms, the Order, the Documentation, and any signed agreement under Section 3.6 are the entire agreement about the System and replace all earlier proposals, quotes, discussions, and understandings.
23.2 Force majeure. DefendEye is not liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, hurricanes, epidemics, war, terrorism, civil unrest, strikes, carrier or hosting-provider failures, component shortages, export or import restrictions, tariffs, sanctions, government orders, cyberattacks, or utility failures.
23.3 Assignment. The Customer may not assign or transfer these Terms or any Order without DefendEye’s written consent, except together with a System transfer that meets Section 21.5. DefendEye may assign these Terms, in whole or in part, to an affiliate or to a successor in a merger, acquisition, or sale of assets, and may subcontract its obligations while remaining responsible for them.
23.4 Notices. Legal notices to DefendEye must be in writing and sent to the postal and email addresses in Section 24, and are effective on receipt. DefendEye may give notices to the Customer by email to the addresses on the Order or the account, by a message in Appless or the Cloud, or by post, and they are effective when sent.
23.5 Electronic acceptance and records. The parties agree to contract electronically. A click, an electronic signature, or a scanned signature has the same effect as a handwritten signature, and DefendEye’s electronic records of acceptance are admissible evidence of it. The Customer agrees to receive notices and records electronically.
23.6 Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and reformed to come as close as possible to its purpose, and the rest of these Terms remain in effect.
23.7 Updates to these Terms. DefendEye may update these Terms by posting a new version with a new version number and effective date at defendeye.com/homepage/terms-and-conditions-us/. The new version applies to Orders placed after it is posted. For an existing non-government Customer, it applies 30 days after DefendEye gives notice under Section 23.4, and continued use of the Cloud or Appless after that date is acceptance; changes that materially reduce the Customer’s rights under an existing paid subscription do not apply until that subscription renews. Section 20.9 governs Government Customers.
23.8 No waiver. A party’s failure to enforce a provision is not a waiver of it. Waivers must be in writing.
23.9 Relationship; third parties. The parties are independent contractors. These Terms create no partnership, agency, or joint venture. The DefendEye Parties in Section 16.2 and the persons in Section 3.5 may enforce the provisions that protect them; otherwise there are no third-party beneficiaries.
23.10 Survival. Sections 6.2, 6.9, 7.8, 7.9, 11, 13 to 20, 21.4 to 21.6, 22, and 23 survive any termination, expiry, or transfer.
23.11 Interpretation. Headings are for convenience. “Including” means “including without limitation”. These Terms were negotiated at arm’s length and are not to be construed against the drafter. The English version controls over any translation.
23.12 Counterparts. A signed Appendix A may be executed in counterparts and delivered electronically.
Defendeye USA, Inc. (United States)
Legal notices and warranty claims: 1025 E. Hallandale Beach Blvd., Suite 1720, Hallandale Beach, FL 33009, USA
RMA returns (only with an RMA number): 430G Ansin Blvd., Hallandale Beach, FL 33009, USA
Support and RMA requests: support@defendeye.com
Legal notices by email: support@defendeye.com
Defendeye P.S.A. (outside the United States)
Gromadzka 46A, 30-719 Kraków, Poland
Website: defendeye.com · Terms: defendeye.com/homepage/terms-and-conditions-us/ · Privacy Policy: defendeye.com/homepage/privacy-policy-2/
A free paper copy of these Terms and of the Limited Warranty is available on request to either address.
This form is optional. Acceptance of these Terms does not depend on it (Section 1.3). Use it when the Customer wants a signed record for its own files, or when a grant, insurer, or procurement rule requires one. Keep the signed form with the System records; sending a copy to DefendEye is welcome but not required. DefendEye may also offer the same acknowledgment electronically in the Cloud or on its website.
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Operator acknowledgments — initial each line:
Operator signature: ______________________________ Date: ______________
Authorized Customer official. The Customer confirms that the Operator named above is authorized to operate the System and that the Customer accepts the DefendEye Terms and Conditions, version 1.0 (for a Government Customer, as adjusted by Section 20).
Name and title: ______________________________ Signature: ______________________________ Date: ______________
READ BEFORE FIRST USE. KEEP WITH THE SYSTEM. These warnings are part of the DefendEye Terms and Conditions (defendeye.com/homepage/terms-and-conditions-us/).
DANGER — Spinning propellers cut. Keep hands, face, hair, loose items, and bystanders clear of the Launch Module opening and of the Drone whenever power is on. Never try to catch, grab, or stop a flying Drone.
DANGER — Lithium-ion battery fire. A damaged, wet, crushed, punctured, or shorted battery can overheat, catch fire, or explode. Charge only with the supplied Launch Module Charger or the Ground Control Module, with someone present, away from anything flammable. Never charge or use a swollen, dented, wet, or crashed battery. If a battery smokes, swells, or gets hot: move everyone away, keep clear of fumes, do not pick it up, and call emergency services.
WARNING — No obstacle avoidance. The Drone cannot see or avoid wires, trees, bridges, buildings, aircraft, or people. It launches straight up. Check the sky above the launch point before every launch and never launch under an overhead obstacle.
WARNING — The Drone comes back along the same path. On Return-to-Launch, low battery, lost link, or Ground Control Module power-off, the Drone descends vertically to the launch point. Keep the launch point and the air above it clear for the entire flight.
WARNING — Falling-drone hazard. The Drone weighs about 400 g (0.9 lb) and can fall at any time. Do not fly over people unless your COA or waiver allows it. Keep bystanders out of the area under the Drone.
WARNING — Do not modify. Do not open the Drone or Ground Control Module, attach anything to the Drone, or use any propeller, battery, charger, antenna, or firmware that DefendEye did not supply. Replace propellers about every 10 flights and after any hard landing.
CAUTION — Environmental limits. Rated IP55 only: never submerge the Drone or expose it to sand or debris. Do not fly beyond the wind, temperature, visibility, or precipitation limits in the manual, in thunderstorms, or near strong radio interference.
CAUTION — Detection is not guaranteed. The AI can miss a person or mark something that is not a person. Verify every detection with your own eyes. The System does not replace a search, trained responders, or standard procedures.
NOTICE — You are the pilot in command. Before flight: register the Drone with the FAA (it weighs more than 250 g), keep Remote ID working, fly under Part 107 or your agency’s COA, get airspace authorization where required, stay within visual line of sight, and confirm your lawful basis for the flight and recording. GPS-free takeoff is for indoor, non-US, or FAA-authorized use only, and every GPS-free takeoff is logged.
NOTICE — Connectivity. Cellular and cloud features depend on your carrier and coverage. Loss of cellular service stops cloud streaming but not local control. Loss of the Drone-to-Ground Control Module link triggers Return-to-Launch. The System is not a 911 or emergency-communication service.
NOTICE — No warranty on the Drone. The Drone, its batteries, and its propellers are sold “as is”. The Ground Control Module and other non-flying products carry a 12-month limited warranty. Crash coverage exists only under the optional Device Protection Plan.
IF SOMETHING GOES WRONG: land in place or press Return-to-Launch, move people away, and do not approach until the propellers stop. Preserve the Drone, battery, and logs and notify DefendEye within 2 business days of any accident, injury, fire, or fly-away.
