Kiwi Apps User Terms of Service
Last updated 18 November 2021
General
Thank you for using Kiwi Apps( includes MeshKit iOS / Android / Android RTK, Mesh Lite iOS / Android, PFC, NFZ ) . Please read the following terms of service carefully. These terms of service (“Terms”) cover your use and access to the Kiwi Mobile application (“Kiwi Mobile App”) provided by Kiwi Information Technology Co., Ltd. . By clicking “Accept” or using any of services, product, and software provided through the Kiwi Mobile App (together with the Kiwi Mobile App, the “Service”), you acknowledge that you have read, understood and agree to be bound by these Terms. You must be at least 14 years old to use the Kiwi Mobile App or the Service. If you’re using our Kiwi Mobile App on behalf of an organization, you are agreeing to be bound by these Terms on behalf of that organization. Kiwi Information Technology Co., Ltd. reserves the right to revise Terms at any time without prior notice. Revisions will be effective from the time of publication on Kiwi Information Technology Co., Ltd. https://meshtech.co/ website. You are advised to check the Terms regularly. Special terms and conditions may be applicable to particular content, products, services or information available on other Kiwi Information Technology Co., Ltd. Drones or third-party sites or Kiwi Mobile Apps. Upon the consent of parties, these special terms may supplement or supersede the present Terms. By continuing to use or access the Kiwi Mobile App after revisions of Terms, you agree to be bound by the revised Terms.
Kiwi Mobile App Overview
You may use the Kiwi Mobile App installed on a mobile terminal to control hardware of certain aircraft of DJI Shenzhen.
Grant of License
Subject to your agreement to and continuing compliance with these Terms and any other relevant Kiwi Information Technology Co., Ltd. policies, Kiwi Information Technology Co., Ltd. grants you a non-exclusive, non-transferable, revocable limited right and license to access and use the Service through the Kiwi Mobile App.
Accounts and Registration
To access certain features of the Kiwi Mobile App, you must register for a MeshKit account. When you register for a MeshKit account, you will need to provide us with some information about yourself such as your email address. You are required to provide us with accurate information and keep the information up to date. When you register for a MeshKit account, you will need to provide a password. You are responsible for keeping your MeshKit account password confidential. By using the Kiwi Mobile App as a registered user, you also accept responsibility for all activities that occur under your MeshKit account.
Rules for Using Kiwi Mobile App
You are responsible for obtaining and maintaining all hardware needed to access or use the Service. You agree that: (i) you will use each hardware in conformity with the applicable user manual and safety guidelines; (ii) you will maintain the conditions of hardware with due care; (iii) you will use the hardware with due care; (iv) you will not use, operate or modify any hardware or Kiwi Mobile App for any illegal purposes in violation of any applicable international or local law.
When using the Kiwi Mobile App to operate hardware, you agree to abide by all relevant laws andregulations set forth by government, law enforcement or regulatory agencies. You agree to comply with all flight limitations including but not limited to height limits, distance limits and No-Fly Zones.
You agree not to misuse the drone or the Service or help anyone else to do so. For example, you must not do any of the following:
probe, scan or test the vulnerability of any system;
violate the privacy or infringe the rights of others;
Attempt to collect user information of any other user of the Service without consent;
making any unsolicited offer or advertisement via the Service;
use the drone in violation of any applicable user manual;
use the drone in violation of the Terms;
use the drone in a way that might harm the safety of yourself or anyone else, or their properties;
use the drone or the Kiwi Mobile App in any way associated with Terrorism;
use the drone or the Kiwi Mobile App for injuring others;
sell the Kiwi Mobile App unless otherwise authorized to do so;
violate the law in any way.
In addition, you must not (i) make or distribute copies of the Kiwi Mobile App; (ii) attempt to copy, alter, modify, reverse engineer, decompile, exchange, or localize the Kiwi Mobile App; (iii) create derivative works based upon the Kiwi Mobile App.
The Kiwi Mobile App might include features that provide you with flight environment data (“Flight Environment Data”) such as airspace and geographical data, location of airports, restricted and prohibited airspace, temporary flight restrictions, No Fly Zones. The flight environment data provided are for informational purposes only. You must not rely on those flight environment data. You agree to rely on official sources of aviation information other than the Flight Environment Data such as governmental information.
You agree that you are solely responsible for the safety of your flight operation, including but not limited to obtaining any required authorizations, maintaining a safe distance to ensure the safety of you or any other, and exercising good judgment when evaluating the safety of your operations.
Collection and Processing of Data
Kiwi Information Technology Co., Ltd. may collect navigation information such as GPS data to help improve our products. We may also collect other information such as device information, server log information, etc. We may also collect personal information used in registration if you choose to become a registered user and any other information user provided to Kiwi Information Technology Co., Ltd. . We may also collect information which user send to other users, and the recipients and senders of such information.
We reserve the right to disclose your information if required to do so by law or in the good-faith belief that such disclosure is needed to comply with applicable laws, for example in response to a court order, judicial subpoena, warrant or request from government, or otherwise cooperating with government agencies or law enforcement. We also reserve the right to disclose your information that we believe in good faith is necessary or appropriate to: (i) protect ourselves or others from fraudulent, unlawful, or abusive activities; (ii) take precautions against potential liability; (iii) protect the security of the Kiwi Mobile App or any associated equipment and services; (iv) protect the legal rights of ourselves or any others.
Any information we collected maybe disclosed or transferred to an acquirer, successor or assignee as part of any potential merger, acquisition, debt financing or other activities that involves transfer of business assets.
We may make the aggregated non-personal information our user available to third parties for various purposes, including (i) complying with various report obligations; (ii) marketing efforts; (iii) analyzing product safety; (iv) understanding and analyzing our users’ interests, habits, usage pattern for certain functionalities, services, content, etc.
Intellectual Property Rights of User Recorded Contents
Kiwi Information Technology Co., Ltd. claims no intellectual property rights to the content that you record using the Kiwi Mobile App, including photos, videos, text or others. You decide on who can access your content. If you make your content available to others via any feature of the Kiwi Mobile App or the service, you authorize these people to access your content.
You agree that you will not violate the intellectual property rights of any others when using the Kiwi Mobile App, the Service, and Kiwi Information Technology Co., Ltd. drone. Kiwi Information Technology Co., Ltd. will not be responsible for any users’ violation of Intellectual Property rights via the Kiwi Mobile App.
In the event of legal action brought by a third party against Kiwi Information Technology Co., Ltd. or its affiliates, suppliers or distributors in relation to your content, you acknowledge and accept liability for all the injurious consequences that may result from such an action and will indemnify Kiwi Information Technology Co., Ltd. and its affiliates, suppliers or distributors against all prejudice suffered or expenses incurred in the course of such action.
Links to Third Party Apps
The Kiwi Mobile App may contain links to third party apps, such as Facebook, Instagram, or Twitter, which are not under the control of Kiwi Information Technology Co., Ltd. . Kiwi Information Technology Co., Ltd. makes no representations whatsoever about any other apps or websites to which you may access through the Service. When you access a third party app or website, you do so at your own risk and acknowledge that Kiwi Information Technology Co., Ltd. is not responsible or liable for any content, advertising, products or other materials available from such third-party apps and websites.
Disclaimer of Warranty
THE Kiwi Mobile APP IS LICENSED TO YOU “AS IS.” Kiwi Information Technology Co., Ltd. OR ANY OF ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES REGARDING THE Kiwi Mobile APP, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Kiwi Information Technology Co., Ltd. OR ANY OF ITS AFFILIATES DOES NOT WARRANT THAT THE OPERATION OF THE Kiwi Mobile APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT IT WILL BE AVAILABLE AT ANY TIME ON ANY ELECTRONIC DEVICE OR NETWORK.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED.
Limitation of Liability
Kiwi Information Technology Co., Ltd. will not be liable for any of the following:
providing data collected to government agency in order to comply with the law;
any personal information leak caused by misuse of the Kiwi Mobile App or the drone;
any damage user suffered by operating, using, or maintaining the hardware or Kiwi Mobile App in violation of the Terms;
loss of data stored via the Service for any reason;
any claim, loss or damage of any sort incurred as the result of using any third party’s app or website.
Additionally, Kiwi Information Technology Co., Ltd. does not guarantee the safety of any data communications of the user in using the Service, such as communication between the user’s device and Kiwi Information Technology Co., Ltd. ’s server , data communication via Kiwi Mobile App with another user, etc. Due to the nature of data communications, the content could be captured by a third party and any communication may contain malevolent content. Kiwi Information Technology Co., Ltd. will not be liable for any of such malevolent content.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Kiwi Information Technology Co., Ltd. OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE Kiwi Mobile APP (INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST PROFITS), EVEN IF Kiwi Information Technology Co., Ltd. OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE Kiwi Information Technology Co., Ltd. USA’S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EXCEED THE FEE PAID BY YOU FOR THE Kiwi Mobile APP OR THE DRONE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY OR MAY BE LIMITED.
In addition, Kiwi Information Technology Co., Ltd. , its affiliates, suppliers or distributors will not be liable for aggregate liability for all claims relating to the Kiwi Mobile App or the drone for more than the amounts you paid to Kiwi Information Technology Co., Ltd. for the Kiwi Mobile App or the drone.
Resolving Disputes
We want to address your concerns without needing a formal lawsuit. Before filing a claim against Kiwi Information Technology Co., Ltd. , its affiliates, suppliers or distributors, you agree to try to resolve the dispute informally by contactingKiwi Mobile.legal@Kiwi Information Technology Co., Ltd. .com. We will try to resolve the dispute informally by contacting you via e-mail.
Governing Law and Arbitration
Choice of Law. This Agreement is and will be governed by and construed under the laws of China PRC without giving effect to conflicts of laws principles.
Termination
You’re free to stop using our Kiwi Mobile App at any time. Kiwi Information Technology Co., Ltd. reserves the right to update, limit access or discontinue the Kiwi Mobile App for any reason at its sole discretion without notice.
Ownership of Kiwi Mobile App
The Service and the Kiwi Mobile APP, including but not limited to the Kiwi Information Technology Co., Ltd. name and logo, graphics, interfaces, design, compilation, source code, information, data, products, software, services and any other elements of the Kiwi Mobile App, is owned by Kiwi Information Technology Co., Ltd. , and all of which is protected by United States and international patent, copyright, trademark, trade secret, and other intellectual property laws.
