Overview and Important Definitions
This Terms and Conditions (“T&C”) is a legally binding contract between Dronegenuity, LLC. (“Dronegenuity”) and you, as a user of Dronegenuity sites or services. By accessing or using any Sites or Services, or by clicking or checking a box indicating “I agree,” “I accept,” or any similar expression of agreement while purchasing or obtaining access to any portion of any Sites or Services, you agree to be legally bound by this T&C. (Please print a copy of this T&C for your records.) If you do not agree to the T&C, you are not authorized to use and you must cease using any Sites or Services. If you accept this T&C on behalf of any other person(s) or organization(s), then you represent to Dronegenuity that you are legally authorized to do so, and “you” or “your” therefore also includes those other person(s) or organization(s).
If you enter into a separate written agreement with Dronegenuity, executed physically or digitally (e.g. PandaDoc) by both you and Dronegenuity, for you to access or use any Sites or Services (“Other Dronegenuity Agreement”), to the extent that the terms of any Other Dronegenuity Agreement conflict with the terms of this T&C, the conflicting terms of such Other Dronegenuity Agreement will override the conflicting terms of this T&C unless the Other Dronegenuity Agreement states the contrary.
Dronegenuity will color-correct photo files prior to final delivery. Additional edits are available upon request and for an additional fee.
Standard Imagery and Video Package
All Standard videos include edited footage & background music. Additionally, you will have the option to include the following features at no additional cost:
- Logo & branding
- Text captions
- Contact information
Premium Video Package
Your editing options will include everything offered in our Standard package, plus optional:
- Custom animations
- Object tracking
- Graphic identification of anchor tenants, highways/landmarks, and nearby businesses
- Direct phone consultations
- Google Earth imagery
If for any reason you are not fully satisfied with the initial video we deliver, Dronegenuity will be happy to accommodate a revision request for no additional charge. Both the Standard and Premium Video packages include one free revision in the cost of the package. The complimentary revision request must be received within two weeks of our delivery of the final video files. If you would like to make additional changes following the first revision, we can accommodate your requests for an additional fee of $100 per hour of additional editing & consultation required.
Dronegenuity offers a variety of scheduling options to provide as much flexibility as possible. The three options are fly within the next 48 – 72 hours (weather permitting), provide a specific date and/or time in the scheduler, or receive a call in advance to schedule the flight.
- Standard – The pilot will fly the specified site within two weeks following receipt of the order.
- Rush Order – The pilot will fly the specified site within 24-48 hours. Please note: we cannot always guarantee we can meet this deadline; however, we will provide you with status updates prior to the deadline.
- Expedited – The pilot will select a date and time within the specified 72 hour time window.
- Specific Time – The pilot will fly on an agreed upon date and/or time.
- Advance Notice – We will call the provided on-site contact to schedule a date and time. If this option is selected, the on-site contact should be notified in advance that they will be receiving a call from us.
Cancellation, Reshoot, and Refund Policies
All cancellation and/or project update requests should be submitted at least 24 hours prior to the scheduled flight date to avoid any cancellation fees. For requests that fall within 24 hours of flight, we will attempt to accommodate if possible, but do not guarantee cancellation or update. If the pilot is already on-site or traveling to the site, and you choose to proceed with the cancelation, a $50 fee will be applied for the pilot’s time and travel.
No refunds shall be granted by Dronegenuity after a project has been completed by our Pilot. In the unfortunate event where your imagery does not pass our quality standards, our team will work to reschedule flight for the next weather permitting date, when appropriate. All reshoot requests should be submitted within two weeks of receiving your final imagery for consideration.
While we strive to provide the best possible imagery for each project, there are some conditions outside our control that may not qualify for a reshoot: shadows, location activity, specific on-site shot direction/requests, haze, sun glare, and FAA imposed altitude restrictions.
Should our pilot be denied property access and is turned away from the site, there will be a $50 add-on cost for our pilot to return to the location for flight. Because of this, we’d ask that you ensure flight permission is granted prior to the scheduled flight date to help avoid this fee.
Unless otherwise specified, Dronegenuity will own the rights to all of the imagery provided. This includes, without limitation, all copyright and other intellectual property rights; publication, distribution, and exploitation rights of any kind and in any media, whether print, electronic, or otherwise; and rights to the subject matter of the imagery.
Dronegenuity will grant you an exclusive, worldwide, sublicensable, transferable, royalty free license to all imagery purchased from us. You, the client, will retain the right to reproduce, publish, and display the imagery for your personal or commercial use in portfolios and websites, digital & print, design periodicals, and other.
For project requests that are not pre-paid, invoices submitted by Dronegenuity to you, the client, are due within 15 days of receipt. Clients will be charged a fee totaling 10% of the past due balance for each 15-day period past due. In the event you cancel a project prior to its completion but where the Services have been partially performed, Dronegenuity will be entitled to pro rata payment of the total project price to the date of termination.
Warranties and Limitations
Each party warrants and represents that it shall comply with all applicable laws and regulations in performing its obligations under this T&C. EXCEPT FOR ANY EXPRESS WARRANTY IN THIS T&C, Dronegenuity AND ITS THIRD-PARTY SUPPLIERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES REGARDING ANY DRONEGENUITY CONTENT, SITES, OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND QUALITY. DRONEGENUITY AND ITS THIRD-PARTY SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE RELIABILITY, AVAILABILITY, SUITABILITY, ACCURACY, OR COMPLETENESS OF ANY SITES OR SERVICES OR THE RESULTS YOU MAY OBTAIN FROM THEIR USE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DRONEGENUITY AND ITS THIRD-PARTY SUPPLIERS DO NOT REPRESENT OR WARRANT THAT (1.) THE OPERATION OR USE OF ANY SITES OR SERVICES WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR (2.) THE QUALITY OF ANY SITES OR SERVICES WILL MEET YOURS OR ANY OTHER REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER DRONEGENUITY NOR ITS THIRD-PARTY SUPPLIERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT ANY SITES OR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES, AND THEREFORE NEITHER DRONEGENUITY NOR ANY OF ITS THIRD-PARTY SUPPLIERS ARE RESPONSIBLE FOR ANY DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY DRONEGENUITY, ANY SITES OR SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” Users or Subscribers may have additional rights as a consumer under local law that this T&C cannot change.
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any negligent act or omission or willful misconduct of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
Forum and Jurisdiction. This T&C is governed by the laws of the Commonwealth of Massachusetts, USA, without regard to its conflict of law provisions. You irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Middlesex County, Massachusetts, USA to resolve any dispute, claim, or controversy that arises from this T&C.