Terms of Use

Last Updated: July 25, 2018

Kittyhawk.io, Inc. (“Kittyhawk”, “we”, “us”, or “our”) offers a cross-platform drone management suite that includes password protected web-based and mobile applications (“Apps”), tools, products and services for commercial drone operations and flight logging, including any related support (“Kittyhawk Service”). The Kittyhawk Service allows authorized users to store, share and process drone flight data, safety and compliance documentation, and other information. The Kittyhawk Service is made available through our Apps to authorized users who register, pay for a subscription and use the Kittyhawk Service in accordance with these Terms. 

PLEASE READ THESE KITTYHAWK TERMS OF SERVICE, INCLUDING OUR PRIVACY POLICY AND ANY DOCUMENTS INCORPORATED BY REFERENCE, (THE “TERMS”) CAREFULLY BEFORE REGISTERING FOR OR USING THE KITTYHAWK SERVICE TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY REGISTERING WITH US AND/OR USING THE KITTYHAWK SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY WHICH IS INCORPORATED BY REFERENCE. WE MAY REVISE AND UPDATE THESE TERMS FROM TIME TO TIME IN OUR SOLE DISCRETION IN ACCORDANCE WITH SECTION 14. If you are not willing to be bound by these Terms, then you must not access or otherwise use our website or the Kittyhawk Service.

The Kittyhawk Service is offered and available to users who have registered a drone with the Federal Aviation Administration and/or have a commercial drone license. By registering for and using the Kittyhawk Service, you represent and warrant that you are of legal age to enter into a binding agreement with Kittyhawk.

THE TERMS CONTAIN A DISCLAIMER OF WARRANTIES (SECTION 7.A.), LIMITATIONS OF LIABILITY (SECTION 7.B.), A MANDATORY INDIVIDUAL ARBITRATION PROVISION (SECTION 9.B.) AND CLASS ACTION/JURY TRIAL WAIVER (SECTION 9.C.), AS FURTHER DETAILED BELOW. THESE PROVISIONS CONTROL HOW DISPUTES THAT ARISE UNDER THE TERMS ARE RESOLVED. 

  1. Your Kittyhawk Service Account
  1. Registration. 
      1. By registering for the Kittyhawk Service, you agree to and represent the following:
    • You are of legal age in the applicable jurisdiction and are otherwise capable of forming a legally binding contract;
    • All information you submit to us or in connection with the Kittyhawk Service is accurate and complete and that you will maintain and promptly update any profile information supplied to us to ensure accuracy at all times;
    • You agree to be contacted by us via email, SMS and text messaging (including push notifications), and by third parties if relevant, regarding the Kittyhawk Service, our website and Apps, third party notifications and/or advertisements, and requests to rate the Kittyhawk Service, our website or Apps; and
    • You hereby grant us permission to email or display your profile and such other information as may be supplied by you on or from our website as we deem advisable in our sole determination in connection with the Kittyhawk Service.
      1. Registering as a Sole Pilot / Operator – If you are a sole pilot or operator, you may register via our website or mobile Apps available in the App Store for iOS devices or Google Play for Android devices. You may not use any of the following as a user ID: the name of another person or entity; a name that is not lawfully available for use; or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization; nor any name that is offensive, vulgar or obscene. We reserve the right to force forfeiture of any user ID for any reason.
      2. Registering an Enterprise Account for Commercial Operators – If you would like an enterprise account, you must request an Enterprise Subscription Order quote from us at info@kittyhawk.io and include “Enterprise Account Request” in the Subject line. Once an Enterprise Subscription Order is accepted and executed and an Enterprise Administrator (as defined below) is assigned, we will provide you with a user ID and password for each Authorized User. During registration, each Authorized User may change his/her password that will enable such Authorized User to access the Kittyhawk Service in accordance with these Terms. 
  2. Type of Users.
      1. Authorized Users. When you register to be an Authorized User, you represent that all information you provide to us during registration, and at all other times, is and will be accurate, current and complete, and you agree to update your information as necessary to maintain its accuracy. Inaccurate, incomplete, or obsolete information may result in the suspension or immediate termination of your access to and use of the Kittyhawk Service. 
      2. Enterprise Administrator. This provision is applicable if “you” are an entity registering for an Enterprise Account for Commercial Operators. You represent and warrant that each Enterprise Administrator is authorized, on behalf of you, to perform his or her duties. If, during the Term, a then-current Enterprise Administrator ceases to be an active employee or ceases to serve as an Enterprise Administrator, and if there are no remaining Enterprise Administrators, you shall promptly appoint another Authorized User as an Enterprise Administrator. When an Enterprise Administrator accesses the Kittyhawk Service using his or her password, we shall provide the Enterprise Administrator with certain administrative capabilities with respect to your use of the Kittyhawk Service that other Authorized Users will not have, including the ability to cancel passwords and deny access to the Kittyhawk Service through use of such password. An Enterprise Administrator must promptly cancel the password of any Authorized User who (a) ceases to be employed by you, (b) you no longer wish to have access to the Kittyhawk Service, or (c) you know or reasonably believe is causing you to breach any provision of these Terms or is in any way mishandling passwords. You shall immediately notify us when a password is canceled for any of the reasons specified above. Notwithstanding any provision of these Terms, you shall be responsible and liable for any costs or expenses arising from or related to any misuse of passwords or the Kittyhawk Service, or other breach of the restrictions or conditions contained in these Terms, by your Authorized User or other personnel or contractor.
      3. For purposes of these Terms, “Authorized User” means (a) an individual pilot or operator who has completed a valid registration for and purchased the Kittyhawk Service, or (b) an employee, contractor or other personnel designated by the entity accepting these Terms with access to the Kittyhawk Service; and “Enterprise Administrator” means the Authorized User assigned to serve as the master account holder and primary point of contact for the entity accepting these Terms.
  3. Passwords. We reserve the right to replace a password with a new password at any time during the Term. If we reasonably believe that an Authorized User is causing you to breach these Terms or is in any way mishandling a password, then we may, at our sole discretion, suspend the use of such Authorized User’s password indefinitely without providing a replacement for such Authorized User, in addition to any other rights or remedies provided under these Terms or applicable law. You, including each Authorized User, are responsible for keeping your password secret and secure, and must take any necessary actions to maintain the confidentiality of and to prevent the unauthorized use of each password. You shall not, and shall not allow any Authorized Users (if applicable) to, disclose, transfer or disseminate any password to any unauthorized party or other third party. You must immediately notify us in the event of such disclosure of a password or breach of security.
  1. Use of the Kittyhawk Service
    1. Access to the Kittyhawk Service.  Subject to your compliance with these Terms and timely payment of the applicable subscription fees, we hereby grant you a non-exclusive, non-transferable, revocable right to access and use the Kittyhawk Service during the Subscription Term (as defined below in Section 8.A.) solely for your internal use by an Authorized User. We hereby grant you a non-exclusive, non-sublicensable, non-transferable license to use any user guides and documentation provided by Kittyhawk (“Documentation”) during the Subscription Term solely for your internal business purposes in connection with your use of the Kittyhawk Service.
    2. Updates. Kittyhawk may issue updated versions of the App from time to time and may automatically update the version of the App that you are using. You agree, upon request by us at any time, to use the most up-to-date version of the Kittyhawk Service, including any mobile App. You consent to such automatic updating on your mobile device and agree that these Terms will apply to any such updates. Standard carrier data charges may apply to your use of the mobile App.
    3. Use Restrictions.  You shall not use the Kittyhawk Service or Documentation for any purposes beyond the scope of the access and use granted in these Terms. You shall not directly or indirectly, and shall not permit any Authorized User to: (i) copy, modify, or creative derivative works of the App, any other portion of the Kittyhawk Service or Documentation, in whole or in part; (ii) rent, lease, loan, resell, sublicense, assign, transfer, distribute or otherwise make available the Kittyhawk Service or Documentation to any other party; (iii) reverse engineer, disassemble, decompile or otherwise attempt to derive or gain access to any software component of the Kittyhawk Service; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Kittyhawk Service, features that prevent or restrict use or copying of any materials or content accessible through the Kittyhawk Service, or features that enforce limitations on use of the Kittyhawk Service; (v) use any device, software, or routine to interfere with the proper working of the Kittyhawk Service; (vi) submit an User Information or other information that contain viruses, Trojan horses, worms, or any other forms of malware; (vii) remove any proprietary notices (including copyright notices) from the Kittyhawk Service or Documentation; or (viii) use the Kittyhawk Service or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any right of any person, or that violates any applicable law. 
    4. Reservation of Rights. We reserve all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Kittyhawk Service or Documentation. 
    5. Changes to the Kittyhawk Service. We reserve the right with or without notice to you at any time to change, modify or discontinue the Kittyhawk Service or any portion or attribute thereof, or the offering of any information or other product or service offered by Kittyhawk. We shall have no liability to you or any third party should we modify or discontinue the Kittyhawk Service or any portion thereof.
    6. Support. We offer support for the Kittyhawk Service for our customers who have completed the registration process and paid the applicable subscription fees. We reserve the right to change the support policy, and to discontinue support for any Kittyhawk Service, at any time and without prior notification to you. However, we will post such changes on the relevant support page.
    7. Additional Terms for our iOS App available in the App Store (“iOS App”). You acknowledge and agree that these Terms are solely between you and us, not with Apple, and we, not Apple, are solely responsible for the iOS App and any included content or materials. You may only use the iOS App on an Apple-branded mobile device that you own or control and as permitted by the “Usage Rules” set forth in the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to us as provider of the iOS App. You acknowledge that Apple is not responsible for addressing any claims from you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App. You acknowledge that, in the event of any third party claim that the iOS App or your possession and use of that iOS App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the iOS App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as it relates to your use of the iOS App against you as a third party beneficiary of these Terms.
    8. Third Party Services and Links. As a part of the Kittyhawk Service, we may offer links to web sites and/or integrate our Kittyhawk Service with those operated by various third parties and are not responsible or liable for any acts or omissions created or performed by these third parties or the integration with them. We provide such links and integration for your convenience and reference only. We do not operate or control in any way any information, software, products or services available on such web sites, applications or services. Our inclusion of a link to or integration with a third party does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. By connecting to the Kittyhawk Service with a third-party service (e.g., Facebook or Twitter or LinkedIn), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your log-in credentials for that third-party service. The Kittyhawk Service is not available to any user via their third-party service log-in credentials who has been removed from the Kittyhawk Service by us.
  1. User Information, Safety Compliance Data and Other Information
      1. User Information
          1. Ownership of User Information. You retain ownership of any intellectual property rights that you hold in any files, materials, information, data, text, or other user-uploaded content not required for flight safety, and Flight Safety Compliance Data (as defined below) (“User Information”) that you post, upload, or transmit to or through the Kittyhawk Service. 
          2. Use of your User Information. When you upload, submit, store, send or receive User Information to or through the Kittyhawk Service, you grant us (i) permission to access your account and profile as we deem necessary in connection with providing the Kittyhawk Service, and (ii) a license to use, host, store, reproduce, display, modify and create derivative works (such as reports and similar features or services provided in the Kittyhawk Service) of your User Information. We reserve the right to verify, audit, backup, edit, copy, or transmit User Information as required by these Terms, any law or regulations, or as necessary to provide and improve the Kittyhawk Service. You understand that by using the Kittyhawk Service, you consent to the collection, use and disclosure of your personally identifiable information as well as any non-personally identifiable information as described in more detail in our Privacy Policy.
          3. Responsibility for User Information.  Given the nature of the Kittyhawk Service and the volume of information submitted, we cannot and do not monitor all User Information posted or transmitted by you and materials or information submitted by third-party information providers via the Kittyhawk Service, including, without limitation, any materials posted via the Kittyhawk Service (“Third Party Materials”). You expressly agree that we will not be liable for User Information or Third Party Materials. We reserve the right, but are not obligated, to remove User Information or other information from the Kittyhawk Service for any reason, including information or content that we believe violates these Terms. 
      2. Safety Compliance Data. You may decide to use the Kittyhawk Service as a digital log for flight safety information, including, but not limited to, unmanned aerial vehicle (“UAV”) flight plan data, UAV flight log data, UAV flight metadata, operator insurance information, regulatory clearance including your pilot license, and any other data or information uploaded to the Kittyhawk Service that relates to flight safety compliance (“Flight Safety Compliance Data”). You represent and warrant that all Flight Safety Compliance Data you enter, delete, edit, modify or otherwise maintain are true and correct. You will maintain appropriate security measures and practices to protect your Flight Safety Compliance Data from unauthorized access. In addition to the disclaimers and limitations set forth below, in no event shall we be liable for any damages or other liabilities arising out of or relating to the deletion of, correction of, destruction of, damage to, loss of or failure to store any Flight Safety Compliance Data. Use of the Kittyhawk Service for official record-keeping of your Flight Safety Compliance Data is entirely at your own risk. 

We may be required to manage, process and otherwise treat your Flight Safety Compliance Data in a different manner than other User Content in accordance with applicable law, rules and regulations. Notwithstanding anything to the contrary in these Terms, you consent to any such different treatment of Flight Safety Compliance Data.

      1. Information Errors. Information contained in the Kittyhawk Service may contain errors sometimes. We may also make changes and improvements to the information provided in the Kittyhawk Service at any time. We are not responsible for any errors or delays caused by such errors or other technical problems beyond our reasonable control.
      2. Privacy Policy. You agree that all User Information and information you provide to us or submit through the Kittyhawk Service and all information we collect on our website or via the Kittyhawk Service is subject to our Privacy Policy, and you consent to all actions we take with respect to your information consistent with and in compliance our Privacy Policy.
  1. Subscription Fees and Payments

You agree to pay us the applicable subscription fees or the fees set forth on an Enterprise Subscription Order Form for access to and use of the Kittyhawk Service by our preferred payment method. Unless otherwise stated in an applicable Enterprise Account Order Form, subscription fees are billed on a recurring monthly or annual subscription basis in advance of your billing period. Your subscription will automatically renew at the end of each billing cycle and billed accordingly. All payments made by you are non-refundable.

  1. Representations and Warranties

You represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the User Information and grant the licenses described in these Terms; (b) your registration information and any User Information is accurate, current and complete; (c) any User Information and your use of the Kittyhawk Service will not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights; (d) any User Information and your use of the Kittyhawk Service will not violate any applicable law or regulation or cause injury to any person; (e) your use of the Kittyhawk Service will not violate any agreements between you and a third party; (f) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (g) you are not listed on any U.S. Government list of prohibited or restricted parties. 

  1. Indemnification

You agree to indemnify, defend and hold harmless Kittyhawk, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the User Information you provide or submit via the Kittyhawk Service, (b) your use of the Kittyhawk Service, (c) your breach of these Terms, or (d) any actual, prospective, completed or terminated service between you and a third party.

  1. Warranty Disclaimers; Limitation of Liability
          1. Disclaimer of Warranties. YOUR USE OF OUR WEBSITE, THE KITTYHAWK SERVICE, AND DOCUMENTATION IS AT YOUR OWN RISK. OUR WEBSITE, THE KITTYHAWK SERVICE, DOCUMENTATION AND THE INFORMATION ASSOCIATED WITH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE KITTYHAWK SERVICE, DOCUMENTATION AND ANY INFORMATION PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE KITTYHAWK SERVICE OR WITH THE DELAY OR INABILITY TO USE THE KITTYHAWK SERVICE, OR FOR ANY INFORMATION AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE KITTYHAWK SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
          2. Limitation of Liability. IN NO EVENT SHALL WE, OR OUR SUPPLIERS, PARTNERS AND AFFILIATES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, PARTNERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID TO KITTYHAWK FOR USE OF THE KITTYHAWK SERVICE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM, OR THE TOTAL SUM OF $100.00, WHICHEVER IS GREATER. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
  1. Term; Cancellation; Suspension and Termination
      1. Term. These Terms will continue in effect as long as you have a valid and active subscription or for the duration set forth on the Enterprise Subscription Order Form (“Subscription Term”), unless otherwise terminated in accordance with these Terms. 
      2. Your Right to Cancel. You may cancel your subscription to the Kittyhawk Service by providing five (5) business days prior written notice to us before your upcoming billing cycle renews by email info@kittyhawk.io, stating your request for cancellation. Your subscription will continue until the end of the then-current billing cycle before terminating. 
      3. Our Right to Suspend or Terminate. We may, in our sole discretion and without any prior notice, suspend or terminate your access to all or part of the Kittyhawk Service for any reason, including your breach of these Terms, specific terms on an applicable Enterprise Subscription Order Form, or a violation of the rights of another user, a third party or any law. We will not be liable to you or any third party for any termination that may affect your use or loss of use of the Kittyhawk Service, Documentation, User Information or related materials, information or services.
      4. Effect of Cancellation or Termination. Upon cancellation of your subscription or termination of these Terms, your right to access and use the Kittyhawk Service and any Documentation or related materials will immediately terminate, you must immediately cease all use of the Kittyhawk Service and Documentation, and you must immediately delete any cached materials or information (excluding User Information) related to the Kittyhawk Service and Documentation from your systems and devices. We shall not be obligated to store any User Information, data or files for more than ninety (90) days after termination of your access to the Kittyhawk Service.
      5. Survival. The provisions of Sections 2.D., 5, 6, 7, 8, 9 and 10 will survive termination of these Terms.
  1. Governing Law and Dispute Resolution
      1. Governing Law. These Terms shall be governed by the laws of the state of California, without respect to its conflict of laws principles.
      2. Binding Arbitration. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. Any claim or controversy arising out of or relating to the use of the Kittyhawk Service (“Dispute”), will be finally, and exclusively, settled by arbitration in San Francisco, California, from which arbitration there will be no appeal. The arbitration will be held before one arbitrator. The arbitrator will be selected pursuant to the American Arbitration Association rules. The arbitrator will apply the substantive law of the state of California, except that the interpretation and enforcement of this arbitration provision will be governed by the U.S. Federal Arbitration Act. To begin the arbitration process, a party must make a written demand to the other party. Each party shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as an agreement to the joinder or consolidation of arbitration under these Terms with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. 
      3. Class Action and Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE KITTYHAWK SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. ACCORDINGLY, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS, AND YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. 
      4. Limitation on Time to File Claims. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE KITTYHAWK SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
      5. Notwithstanding the above, we reserve the right to commence and prosecute any legal and equitable action or proceeding before any competent jurisdiction to obtain injunctive or other equitable relief against you in the event that, in the sole opinion of Kittyhawk, such action is necessary. 
  1. Waiver and Severability 

No waiver by Kittyhawk of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Kittyhawk to assert a right or provision under these Terms does not constitute a waiver of such right or provision. 

If any provision of these Terms is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reach, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

  1. Assignment

We may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, delegate or otherwise transfer these Terms, or assign, transfer or sublicense any rights in the Kittyhawk Service; any attempted transfer or assignment in violation of this provision will be null and void.

  1. Export Control; Legal Compliance

You agree to comply with all relevant export laws and regulations of the United States. You agree to comply with all the applicable laws and regulations that apply to your use of the Kittyhawk Service (such as your transmission and storing of electronic data), including the U.S. Export Administration Regulations and Office of Foreign Assets Control Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

  1. Complete Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Kittyhawk Service, constitute the entire agreement between you and us concerning the Kittyhawk Service and supersedes any prior written or oral representations. A printed version of these Terms and of any notice given in electronic form will be admissible in administrative proceedings relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  1. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You are responsible for reviewing these Terms on a regular basis. If a revision is material (as determined at our sole discretion), we will provide at least thirty (30) days notice prior to any new terms taking effect. Any changes that are made to these Terms will not apply retroactively and will not apply to disputes or events occurring before the change is published.

By continuing to use the Kittyhawk Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Kittyhawk Service.

  1. Notices and Contact Information

We may send you communications about the Kittyhawk Service or as required by law to you via email at the email address you provide to us during registration for the Kittyhawk Service (or as updated by you) or via another method of communication (i.e., customer service chat, etc.). You may unsubscribe from any further communication, except for service related or transactional communications, from us at any time by delivering a written notice to info@kittyhawk.io. You are responsible for ensuring delivery of the notice to us. You may also unsubscribe from communication by clicking the Email Preferences link or the opt-out link in any of our emails. 

If you wish to update the contact information (including mailing address or email address) to which communications are sent, you may do so by providing the new contact information, in writing, to the us at our contact information listed below, and by updating the profile on your Kittyhawk Service account. We are not responsible for any errors or delays in notices to you due to an incorrect contact information provided by you or a technical problem beyond our reasonable control.

    • For Sole Pilots and Operators, all notices, requests, feedback or other communications should be direct to us via email at info@kittyhawk.io or through the Contact Us page.
    • For Enterprise Accounts, all notices, requests, feedback or other communications related to the Kittyhawk Service must be in writing, addressed to the respective party at the addresses set forth in the Enterprise Subscription Order Form, and in the case of notice to Kittyhawk addressed to the attention of the Legal Department. 
    • Notices emailed to you will be deemed given and received when the email is sent. Notices mailed by registered or certified mail will be conclusively deemed to have been received by the addressee on the fifth business day following the mailing or sending thereof. 

Our contact information is Kittyhawk.io, Inc., 49 Powell Street, San Francisco, CA 94102, info@kittyhawk.io.