User Agreement

Effectiveness and Acceptance of the Agreement

Before using Potensic products, please carefully read and understand all the rights and restrictions outlined in this User Agreement (hereinafter referred to as “this Agreement”). This Agreement includes disclaimers and liability limitations of Shenzhen Potensic Intelligent Co., Ltd. (hereinafter referred to as “Potensic” or “we”) and restrictions on user rights. Please review it thoroughly and choose to accept or decline this Agreement (minors should read it in the presence of their legal guardians).

This Agreement is established between you and Potensic regarding the download, installation, and use of the Potensic Eve App (hereinafter referred to as “the software” or “the App”), as well as the use of Potensic products and related services. If you do not accept all the terms of this Agreement, you will not be able to use the company’s products and the App. Your actions, including registration, login, and use, will be deemed as acceptance of this Agreement, signifying your consent to be bound by all its terms.

Scope of Services

Due to the development needs of our business, your use of the App and related product services (excluding the hardware components of the products) may involve the following actions. Please review and confirm your understanding of the following points:

a). To enhance user experience, optimize product performance, and improve our service system, we will continuously work on developing new services and may perform periodic software updates (including but not limited to App and firmware updates). These updates may involve software replacement, repairs, feature optimization, or version upgrades. To ensure the security and functionality consistency of the App and associated products, we will notify you to update the software when necessary. If you decline the update and encounter issues or damages during product use, you will bear the responsibility.

b). In response to changes in laws, regulations, or policies in certain regions, or due to other special circumstances, we reserve the right to modify, alter, restrict, or disable certain software features or functionalities of the App or associated products at any time. You assume the risks associated with such changes.

c). We reserve the sole discretion to lawfully terminate the transmission of any content that violates applicable laws, regulations, or this Agreement, or that infringes, harms, or threatens the rights or safety of others. Additionally, we may take appropriate legal action against individuals who breach this Agreement, as determined by us.

d). The services provided by Potensic may include advertisements or promotional activities. You agree to allow advertisements and promotional information from us, affiliates, third-party suppliers, or partners to be displayed during your use of the services.

Account Registration and Security

3.1 Registration

To access and use the App’s features, you must first create a user account. During registration, you will need to provide personal information, which may include your name, email address, and contact number. You declare and warrant that the information you provide is accurate, and you will ensure it remains accurate and up-to-date. You are required to set a password during registration. You bear sole responsibility for maintaining the confidentiality of your Potensic account and password and for all activities that occur under your account. If you decide to stop using the account, you can request its deletion through the App following the provided instructions. We reserve the right to retain or delete your account based on the terms of this Agreement.

Your Commitments and Warranties:

3.1.1 Accuracy and Validity:

You understand and acknowledge that the App is an application service, and you are fully responsible for the accuracy, legality, and validity of the information you submit during registration. Impersonating others or using another person’s identity to access Potensic services or publish information is prohibited. In cases of malicious account usage that harms or affects others, we reserve the right to immediately terminate all services, with all legal responsibilities borne by you. Furthermore, we will strictly comply with the personal information protection laws of your country or region when collecting your registration information. We will inform you explicitly of the purpose, usage, storage period, and seek your clear consent.

3.1.2 Lawful and Compliant Usage:

You agree to comply with all applicable laws and regulations when using the App and related services and are responsible for all activities under your account, including content posted through the App and the operation of Potensic products. You should independently assess the use of functions and content and bear all resulting risks. Potensic is not liable for any loss caused by personal behavior.

3.1.3 Information Security and Responsibility:

You must keep your login information confidential and prevent unauthorized access or misuse. You are responsible for all activities under your account. If you discover any illegal, unauthorized usage, or suspicious activity, you must notify us immediately. We are not liable for losses incurred due to your failure to comply with this requirement.

3.1.4 Information Disclosure and Privacy:

Information published through the App or associated platforms will be considered public information accessible by third parties. By publishing information, you consent to its public nature and assume legal responsibility. If you do not want certain information to be accessed by third parties, please refrain from publishing it on the platform.

User Rights and Restrictions

User Rights

a). The right to use the App and related services lawfully.

b). The right to download, install, and use services provided by Potensic on legally owned devices.

c). Potensic and its affiliates retain ownership of all user accounts. To ensure account security, users are prohibited from registering accounts using another person’s phone number or email address. Upon successful registration, users gain the right to use the account, which is exclusive to the initial registrant and may not be transferred, rented, sold, or shared in any other form. Potensic reserves the right to reclaim user accounts for operational needs.

d). Users have the right to modify or delete personal information, registration details, and published content on the App. However, such actions may result in the deletion of stored text and image data, with users assuming the associated risks.

e). Users must ensure the security of their registered account information and passwords and are legally responsible for all activities under their accounts. Users must not use another person’s account or password. If account security is compromised, users must immediately notify Potensic and change their password.

Restrictions

4.2.1. Without our explicit written consent, users may not use App content or services for licensing, sale, leasing, transfer, publication, or other commercial purposes. This restriction ensures fair use and stable service operations. Please contact us if you require a commercial license.

4.2.2. Users are prohibited from accessing the App or using its services to develop similar or competing services. This restriction is to protect our intellectual property and maintain fair market competition.

4.2.3. Except as permitted by law, users may not copy, publish, redistribute, download, display, post, modify, translate, merge, decompile, or reverse-engineer any part of the App or services, including content, advertisements, or sponsored content. This restriction aims to protect the App’s intellectual property and ensure service stability and security.

4.2.4. Users assume responsibility for the risks associated with accessing third-party websites and advertisements, which are governed by the respective third-party terms and policies. Exercise caution when visiting external links.

4.2.5. Users agree to bear legal responsibility for any of the following behaviors when uploading, posting, or using the App and services:

a). Spreading rumors, disrupting social order, or posting obscene, pornographic, gambling, or violent content.

b). Insulting, defaming, or infringing upon the legitimate rights of others.

c). Sharing content prohibited by laws and regulations.

d). Violating local drone airspace management regulations.

e). Engaging in other unlawful activities or actions that negatively impact society.

4.2.6. Users must not engage in the following activities on the App or services:

a). Collecting other users’ information, such as email addresses, without permission.

b). Interfering with network connections, overburdening the App, or damaging servers and network links.

c). Disrupting or hindering the normal usage of the App or services for other users.

Liability and Indemnity

5.1. When using the App and related services, you must strictly comply with laws, regulations, and the provisions of this Agreement. You are responsible for ensuring that Potensic is not subjected to third-party complaints or legal actions due to the following activities and you must bear all resulting losses, compensation, liabilities, and expenses (including but not limited to legal and litigation fees):

a). Your use of the App and related services.

b). Your operation of Potensic devices through the App.

c). The user content you submit or upload.

d). Your violation of the provisions of this Agreement.

5.2. You explicitly agree not to reach a settlement in any legal dispute involving Potensic and third parties without Potensic’s written authorization.

5.3. Potensic shall not be liable under any circumstances for indirect, consequential, punitive, incidental, special, or exemplary damages arising from this Agreement. Specifically, any risks related to damage to computer systems or mobile device data resulting from your access to or use of the App and services shall be borne solely by you.

Disclaimer

Potensic shall not bear any legal liability for the following circumstances encountered during the user’s use of the App or related services:

a). In accordance with applicable laws, governmental requirements, or national airspace safety regulations, Potensic may monitor, collect, and provide user-generated information during service usage (such as flight distance, altitude, speed, direction, and coordinates) while adhering to local data protection laws. Cross-border personal information transmission will strictly comply with relevant regulations.

b). Leakage of personal information caused by the user’s improper usage or other factors is beyond Potensic’s responsibility.

c). Service interruptions or performance failures due to hacking, computer viruses, illegal or harassing information, government regulations, network or technical failures, communication line disruptions, and security measures fall outside Potensic’s liability.

d). Potensic disclaims responsibility for penalties and losses resulting from the user’s illegal use of services in sensitive or restricted areas (as defined by local drone management regulations).

e). Losses caused by third-party issues (such as communication failures, technical problems, unstable networks, or system malfunctions) or force majeure events shall not be Potensic’s responsibility. Potensic will define the scope and evidence requirements for force majeure in accordance with local laws.

f). Risks associated with receiving threats, defamatory, inappropriate, or illegal information from others via the App or Potensic services are borne solely by the user.

g). Potensic is not liable for psychological, physical, or financial harm resulting from misleading or fraudulent interactions between users through the App or services.

Intellectual Property

7.1. Users must ensure that the content they upload, publish, or share through the App and services does not infringe upon third-party intellectual property rights. Uploading, posting, modifying, disseminating, or copying any copyrighted materials, trademarks, or proprietary information without explicit written authorization from the rights holder is prohibited. Upon receiving a valid notice from a copyright owner or their authorized representative, Potensic will review and remove any infringing content.

7.2. The copyright of original content created by users belongs to the users themselves. Users have the right to authorize third parties to use their content. For collaborative content, such as Q&A discussions or topic descriptions, all contributors agree that the associated intellectual property rights are assigned to Potensic.

7.3. By publishing content through the App, users grant Potensic a free, irrevocable, non-exclusive license to use the content across various products and services, including websites, applications, and media.

7.4. All trademarks, logos, product names, images, and other elements in the App and related services are protected by copyright and trademark laws. Without Potensic’s written consent, users may not display, use, or otherwise handle such elements. Unauthorized use, copying, modification, dissemination, or bundling of Potensic’s trademarks with other products is strictly prohibited for any organization or individual.

Modification and Termination of the Agreement

8.1. Modification:

(1) Potensic reserves the right to revise this Agreement periodically based on actual circumstances. The revised Agreement will be communicated to you through announcements or other means (including but not limited to in-app notifications or emails). Continued use of the service constitutes your acceptance of the revised terms.

(2) Potensic retains the right to modify, suspend, or terminate the App and its services at any time without prior notice.

(3) You authorize Potensic not to bear any liability to you or third parties when making the aforementioned adjustments.

8.2. Termination:

(1) This Agreement becomes effective upon your acceptance and continues until it is terminated per its terms.

(2) You may stop using the App and services at any time to terminate this Agreement. Potensic reserves the right to take appropriate actions based on your activities during the period of use.

8.3. Copyright Infringement:

If a user infringes on a third party’s copyright, and Potensic receives a notice from the copyright owner or their authorized representative, Potensic reserves the right to terminate this Agreement.

8.4. Consequences of Termination:

Termination of the Agreement will result in the invalidation of your Potensic account and access rights to the services. Your user content will be removed from our database, and Potensic will not be liable for this removal.

8.5. Future Updates:

Any future updates, iterations, or changes to the App and services are subject to this Agreement.

Privacy Protection

9.1. Please refer to our [Privacy Policy] to understand how we collect, use, store, and protect your personal information. By using this service, you agree to our handling of your personal information per the Privacy Policy. We adhere to the legal requirements of different countries and regions regarding personal information protection, such as the GDPR in the European Union and privacy regulations in various U.S. states.

9.2. We are committed to respecting and protecting users’ privacy and security. Potensic pledges not to disclose or share users’ private information or non-public content generated during the use of our services without authorization. Disclosure of user information will only occur under the following circumstances:

• Compliance with legal requirements or requests from authorized government agencies.

• Explicit prior authorization from the user.

This may include, but is not limited to, flight data generated during the use of the App or Potensic services. We will implement reasonable security measures to protect the safety of your information during processing.

Miscellaneous

Potensic reserves the right to interpret and amend this Agreement. This Agreement constitutes the complete understanding between both parties concerning the service and supersedes any prior oral or written agreements, understandings, or arrangements. When interpreting and enforcing this Agreement, we will fully consider local legal regulations to ensure its legality and validity.

Privacy Policy

Shenzhen Potensic Intelligent Co., Ltd is a limited liability company established under the laws of the People's Republic of China (following referred to as "Potensic" or "we"). We attach importance to maintaining and protecting users' personal privacy. This policy applies to all products and services under our company. (Last updated: July 11, 2024)

This policy will help you understand the following:

1. What permissions may we obtain on your device?

2. What personal information may we collect?

How do we use your information?

3. How do we protect your personal information?

4. About public disclosure of information

5. Your permissions

6. Change and release of this policy

7. How to contact us?

Potensic puts the protection of your privacy first and will make every effort to protect your privacy. We are committed to protecting your privacy with appropriate security measures by proven industry security standards.

Before using our products or services, please read and understand this Privacy Policy carefully. When you choose to use Potensic's products and services, you agree by default that we collect, store, use, and share your personal information following this Privacy Policy. If you have any questions or suggestions, please message us in the following ways:

E-mail: support@potensic.com

What permissions may we obtain on your device?

1. Storage permissions of the device, used for the installation and operation of product-related applications.

2. Communication permission, used for interactive communication between our product and your equipment.

3. Location information permission, used to display your location information on the App map, so as to facilitate the distance between your location and the drone, and the normal use of some App functions.

4. Device model information, used to optimize the experience of some functions of the App, and to provide you with better product experience and service.

5. Album permission, used to download and preview photos and videos taken by the product.

Remark:

You can choose whether to allow or reject the above permissions. If you don't accept, you may not be able to use some functions of the App. Please choose according to your own needs.

What personal information may we collect?

1. To complete your account registration, you may need to provide Potensic with your E-mail address, username, device model, and device version number. All other information is stored on your device, and we can't get any other information about you. If you encounter problems in using the product, you need to manually upload the corresponding data log to our server by yourself, if you refuse to provide such information, we may not be able to provide you with the corresponding technical support.

2. When you need us to provide after-sales service or assistance, you may need to provide us with your registered E-mail address, location information of the device, model information of the device, and relevant information about the product use environment, so that we can better provide you with corresponding technical support and services.

3. When you use Potensic products or services, the system will read or store the following information locally: mobile device configuration information, product version information, product usage log, flight data (each module sensor operating data, flight attitude data, flight mode, GPS data, flight path, remote control commands), etc.

4. Automatic collection of cookies and information. When you use specific Potensic products and services, we may send one or more cookies (small text files containing alphanumeric strings) to your device. We may use both session cookies and persistent cookies, and session cookies disappear when you close your browser. Some browsers use persistent cookies, which persist after you close your browser for the next visit. Please check your Web browser's Help file for instructions on how to change the cookie settings used. If you delete or reject cookies, some of your product features and services may be affected.

Remark:

We will also stop using the relevant information you uploaded yourself and delete all your information immediately when you delete your account.

The relevant information stored locally on your device will be deleted when you uninstall the App.

How do we use your information?

1. Provide Potensic product and service functions, verify and manage user accounts, provide services and the information requested by users, provide feedback on user comments and questions, and provide other services and support.

2. The information we collect is used to improve and refine Potensic products, as well as to enhance after-sales service and related technical support.

3. We may use your information to contact you for after-sales service, feedback on product usage, and to provide information on new product events.

4. Querying the version information of users’ devices and downloading related flight records are used to improve the after-sales system of products and provide better guarantees and services for users.

How do we protect your personal information?

1. The personal information you authorize and provide will be stored and protected by the strictest and most confidential means to prevent unauthorized access, use, modification, damage, or loss of data.

2. We will take all reasonable and practicable steps to protect and ensure that the information collected is used only for Potensic's products and services and not for any other purposes.

3. If we entrust a third party to provide services, we will sign a strict confidentiality agreement with them to ensure that your personal information is not disclosed.

About public disclosure of information

We will not publicly disclose customer information collected except as specifically stated in this policy, and may do so only if:

1. We may publicly disclose your personal information only in accordance with laws and regulations, subpoenas, arrest warrants, and other requirements of courts, judicial organs, or other government agencies.

2. Under certaunder exceptional circumstances, with your consent.

3. When seeking pre-sales or after-sales service for the related product, you agree to authorize the personal information to the related technical support department to provide you with product services.

Your permissions

1. If you wish to access or verify your personal information, you may contact us at any time by sending an E-mail to support@potensic.com or by the means provided on the Website and in the Application. If in some exceptional circumstances we are unable to provide the relevant information, we will promptly inform you of the reasons.

2. When you find that we have processed your personal information in error, you have the right to request that we make corrections. You may contact us at any time via support@potensic.com or by the means provided in the related application.

3. You can update or delete your account information through the App's account settings. When you cancel your account, all your personal information will be automatically erased and you will not be able to use the account again to log in to our products' applications.

4. In the following cases, you can request us to delete personal information:

① If we collect and use personal information in violation of laws and regulations.

② If we handle personal information in violation of the agreement with you.

If we decide to respond to your request for deletion, we will also notify the entities that have obtained your personal information from us and require them to delete it promptly, unless otherwise specified by laws and regulations, or these entities have obtained your independent authorization.

After you or we have assisted you in deleting the relevant information, we may not be able to immediately delete the corresponding information from the backup system because of applicable laws and security technologies, and we will securely store your personal information and further process and segregate it until the backup can be erased or anonymity is achieved.

Change and release of this policy

The privacy policy may be changed from time to time, so please visit this page regularly to view the latest policy. For significant changes, we may provide more prominent notifications.

How to contact us?

If you have any questions, comments, or suggestions about this privacy policy, you can contact us via E-mail at support@potensic.com