"Rainbow App" User Agreement

The "User Agreement" (hereinafter referred to as the "Agreement") is between you (or "user", which refers to the individual or organization that registers, logs in, uses, and browses the service) and Zhuhai Phaeton Software Technology Co., Ltd. (hereinafter referred to as "Phaeton" Or “us”) regarding Rainbow mobile application services (hereinafter referred to as “Rainbow App”) and products, programs and services associated with Phaeton Rainbow App (including but not limited to Rainbow App) (hereinafter collectively referred to as “Phaeton Service”) Signed agreement.

Phaeton hereby specially reminds users to read carefully and fully understand the terms in this agreement, including the exemption clauses exempting or limiting Phaeton's liability and the terms restricting the rights of users. Please read carefully and choose to accept or not accept this agreement (minors should read it with a legal guardian). If you disagree with any terms of this agreement, you can choose not to use the Phaeton service. Your registration, login, use, publishing, etc. will be regarded as acceptance of this agreement and agree to be bound by all terms under this agreement.

Your acceptance of this agreement means that you voluntarily accept the constraints of all the terms, including accepting any changes made by Phaeton to any terms at any time. This agreement can be updated by Phaeton at any time. Once the updated terms are announced, they will replace the original terms without prior notice. Users can check the latest version of the terms in the Rainbow App. After Phaeton revises the relevant terms of this agreement, if the user does not accept the revised terms, please stop using the Phaeton service immediately. The user's continued use of the Phaeton service will be deemed to have accepted the revised agreement.

1. Rainbow App and Phaeton Service

1. Rainbow App function and Phaeton service overview: You can use Rainbow App to control DJI hardware in flight (For the avoidance of doubt, DJI hardware includes but is not limited to our commercial and entertainment drones and other hardware, physical objects, and among them The included firmware, DJI hardware is not regarded as part of the Phaeton service), plan the flight route to simulate flight, and you can also use the Rainbow App to upload photos or videos taken by the camera in the DJI hardware to the web-based hosting platform .

2. You must know and confirm:

1) Due to business development needs, we may unilaterally change, suspend, restrict, terminate or cancel all or part of the Phaeton service at any time without any notice. The user shall bear this risk;

2) Phaeton services may include advertisements and other activities, and users agree to display advertisements and other activities provided by us, affiliates, third-party suppliers, and partners during use;

3) We have the right to stop the transmission of any content that violates relevant laws and regulations or the provisions of this agreement, or infringes, obstructs, or threatens anyone’s rights or safety, for any reason at our sole discretion, and has the right to make any violation of this agreement at our own discretion Anyone in, takes appropriate legal actions, including but not limited to, removing illegal, infringing, improper content from the Phaeton service, terminating the violator’s login qualifications, preventing them from using all or part of our Phaeton service, and based on Laws and regulations save relevant information and provide reports in response to the requirements of relevant departments.

2. User content

1. User content:

User content refers to all content generated when the user downloads, publishes, or uses Rainbow App and Phaeton services in other ways. You are the only person responsible for your user content, and you will be responsible for your or Any third party identified risks.

2. License:

When you upload, publish, distribute or otherwise use your user content in the Rainbow App and Phaeton services, you are deemed to be automatically authorized and promise and guarantee that you have the right to grant us irrevocable, non-exclusive, royalty-free and sufficient Global license for payment.

3. Third-party content:

Rainbow App and Phaeton services include user content provided by other users. Your interactions with other users are solely between you and other users. Phaeton does not control and assume no legal responsibility for such user content, nor does it have the obligation to inspect, monitor, approve, and approve such user content. You bear legal responsibility for the risks arising from the use of such user content and interaction with other users, and Phaeton does not assume any legal responsibility for such actions.

3. User rights and obligations

1. The right to legally use Rainbow App and Phaeton services;

2. The right to download, install and use Phaeton services on your legally owned equipment;

3. You have the right to change or delete your personal information, registration information and published content on the Rainbow App. However, please note that deleting relevant information may also delete any text and pictures you have stored in the system. The user shall bear the risk;

4. Rights restriction:

1) You are not allowed to license, sell, lease, transfer, distribute, or use other commercial purposes for Rainbow App content or Phaeton services in any form;

2) You may not access Rainbow App or use Phaeton services for the purpose of creating identical or competing services;

3) Unless expressly provided by law, you may not copy, distribute, republish, download, display, or display any part of Rainbow App or Phaeton services (including but not limited to content or advertising or sponsored content in products) in any form or method. Post, modify, translate, merge, use, disassemble or reverse compile, etc.;

4) You shall bear legal responsibility for the risks arising from your use of third-party websites and advertisements. When you visit third-party websites and advertisements, third-party terms and policies apply;

5) You have agreed to upload, publish or otherwise use Rainbow App or Phaeton services. During the use, you will bear all legal responsibilities arising from the risks caused by the following actions:

Undermine the basic principles established by the Constitution;

Endangering national security, leaking state secrets, subverting state power, undermining national unity; damaging national honor and interests; inciting ethnic hatred, ethnic discrimination, and undermining national unity; undermining national religious policies, promoting cults and feudal superstition;

Spreading rumors, disturbing social order, or undermining social stability; spreading obscenity, pornography, gambling, violence, homicide, terrorism, or instigating crime; insulting or slandering others, infringing on the lawful rights and interests of others; containing others prohibited by laws, regulations, and administrative regulations contents;

Violation of relevant national regulations on drone airspace management;

Other behaviors that violate national laws and regulations or have adverse effects on society.

6) You have agreed not to engage in the following acts in the Rainbow App or using the Phaeton service:

Upload or publish computer viruses, worms, malicious code, software that deliberately destroys or alters computer systems or data; collect other users’ information or data, such as email addresses, without authorization;

Disable the network connection of the Rainbow App, cause excessive burden on the Rainbow App or otherwise interfere with or damage the website server and network link;

Interfere with or disrupt other users' normal use of Rainbow App or Phaeton services.

5. Damages

1. You must use Rainbow App and Phaeton services in accordance with laws, regulations and the provisions of this agreement to avoid Phaeton from suffering any complaints and/or lawsuits from third parties due to the following actions or related actions, and bear any losses arising therefrom , Damages, liabilities, costs and expenses (including but not limited to lawyers’ fees):

1) Your use of Rainbow App and Phaeton services;

2) You control the behavior of DJI hardware through the Rainbow App;

3) Your user content;

4) Your violation of this agreement.

2. You have agreed that, unless you obtain Phaeton's written consent, you shall not settle unilaterally in a lawsuit filed by you and Phaeton against a third party.

3. Under no circumstances will Phaeton be liable for any indirect, consequential, punitive, incidental, special or punitive damages arising from this agreement by you or any third party. For the avoidance of doubt, the risk of damaging the computer system or mobile communication device database caused by accessing and using Rainbow App and Phaeton services will be borne by you.

Six, disclaimer

1. Phaeton does not assume any legal responsibility in the following circumstances:

1) Monitor, collect and provide your personal information (including but not limited to the flight data generated by users during the use of the Phaeton service, such as flight altitude, Flight speed, bearing, etc.);

2) Any personal information leakage due to your improper use or other reasons;

3) Any service interruption or obstruction caused by hacker attacks, computer virus intrusion, illegal content information, harassing information shielding, government control, and any other network, technology, communication lines, information security management measures, etc. cannot meet user requirements Situation

4) The user has suffered various punishments and losses when using the Phaeton service in no-fly areas including mainland China in violation of laws and regulations;

5) User due to third party such as operator’s communication line failure, technical problem, network, computer failure, system instability and other loss caused by force majeure;

6) The use of the Phaeton service may have risks incurred from anonymous or pseudonymous information containing threats, defamatory, offensive or illegal content from others;

7) Any psychological, physical harm and economic loss caused or possibly caused by users interacting with other users through Rainbow App and Phaeton service.

2. Any content posted by users in the Rainbow App, or any manipulation of DJI hardware through the Rainbow App, does not represent and reflect any views or policies of Phaeton, and Phaeton does not assume any responsibility for this.

3. Under no circumstances will Phaeton be liable for any indirect, consequential, punitive, accidental, special or penal damages, including the loss of profits suffered by users due to the use of Phaeton services. Although there may be contradictory provisions in this agreement, our full responsibility to you, regardless of the reason or behavior, will never exceed the fees (if any) that you paid to Phaeton for using Phaeton services during the registration period.

7. Intellectual Property

1. The information released by the user during the use of the Rainbow App and the Phaeton service shall not infringe the intellectual property rights of any third party, and the user shall not upload, publish, modify or disseminate in any way without the prior written consent of the owner of the relevant ownership Or copy any copyrighted materials, trademarks, or proprietary information belonging to others. If we receive proper notice from any copyright owner or its legal representative to Phaeton, we will remove the content that infringes on the copyright of others on the basis of review.

2. The copyright of the original content released by the user during the use of the Rainbow App and the Phaeton service belongs to the user, and the user can authorize a third party to use it in any way. For content edited by multiple people, including but not limited to questions and supplementary explanations, answer summary, topic description, topic structure, all participants agree that the relevant intellectual property rights belong to Phaeton.

3. All content released by users in the process of using Rainbow App and Phaeton services are granted to Phaeton free, irrevocable, and non-exclusive license. Phaeton has the right to use the content in various forms of Phaeton products in various forms And services, including but not limited to websites, applications, media or others.

4. Rainbow App and the Phaeton logo and products, service names, pictures, graphics, etc. involved in the Phaeton service are protected by copyright, trademark and other laws. Without Phaeton’s prior written consent, users may not display or use the above content in any way or do other processing, and no unit or individual may use, copy, modify, disseminate, transcribe or transcribe any part of the trademark in any way or for any reason. It is sold in bundles with other products.

8. Modification and termination

1. Modify:

1) This agreement allows for changes. If there is any change to this agreement, we will publish the updated agreement on Rainbow App. After that, if you continue to use Rainbow App and Phaeton services, you will be deemed to have been aware of such changes and agree to be bound by the terms;

2) Phaeton reserves the right to modify, reserve or close Rainbow App and Phaeton services at any time without notice;

3) You have agreed that Phaeton will not be liable to you or a third party for modifying, retaining or closing the Rainbow App and Phaeton services.

2. Termination:

1) This agreement is effective from the date you accept it, and will continue to be effective during your use of Rainbow App and Phaeton services until terminated in accordance with this agreement;

2) Notwithstanding the above provisions, if you use Rainbow App and Phaeton services earlier than the time you accept this agreement, if you know or should know and agree to this agreement, then this agreement will be the first time you use Rainbow App Effective when serving with Phaeton, unless terminated early in accordance with this agreement.

3. If the user infringes the copyright of a third party and Phaeton receives a notice from the copyright owner or the legal agent of the copyright owner, Phaeton reserves the right to terminate this agreement.

4. Once this agreement is terminated, your website account and the right to use Rainbow App and Phaeton services will terminate. You should be aware that the termination of your website account means that your user content will be deleted from our activity database. Phaeton will not be liable to you for terminating this agreement, including terminating your user account and deleting your user content.

5. Any updated version of Rainbow App or future version, update or other changes of Phaeton service will be bound by this agreement.

9. Other

1. Feedback If you make suggestions (or "feedback") to Phaeton, you are deemed to have transferred all the rights of "Feedback" to Phaeton and agree that Phaeton has the right to use this feedback and related information in any reasonable way. We will treat such feedback as non-confidential and non-proprietary.

2. Privacy Policy

1) Please refer to our "Privacy Policy", the "Privacy Policy" is an inseparable and equivalent part of this agreement. At all times, your information will be handled in accordance with the Privacy Policy.

2) Phaeton will fully protect the personal privacy information of users, and Phaeton guarantees that it will not disclose or disclose the personal privacy information of users to third parties, or the non-public content stored by users when using the service, unless it is in accordance with the law or a government department with legal authority For reasons such as requesting or obtaining explicit authorization from the user in advance, Phaeton needs to disclose the user's personal privacy information, including but not limited to the flight data generated by the user during the use of the Phaeton service.

3. Notification

You must provide a valid email address that you have used frequently recently. Phaeton is not responsible for the risk that the email address you provided cannot be used or we are unable to deliver the notice to you for any reason. The announcement notice issued by Rainbow App and the email (if any) sent to you containing such notice will undoubtedly constitute a valid notice.

4. Applicable law

This agreement is governed by the laws of the People's Republic of China. If there is a dispute between the two parties, they should be resolved through friendly negotiation; if the negotiation fails, they should file a lawsuit in the court where Phaeton is located.

5. Independence

If some clauses in this agreement cannot be applied for some reason, other clauses of this agreement will continue to apply and the unapplicable clauses will be modified so that they can be applied in accordance with the law.

6. Integrity

This agreement (including the privacy policy) is the final, complete, and exclusive agreement between you and Phaeton regarding Rainbow App and Phaeton’s services related matters, and replaces and merges the parties’ prior agreement regarding such matters (including previous end user licenses, Terms of Service) discussions and agreements.

7. Title

The topics of each part are for reading convenience only without any legal or contractual obligations.

8. Transfer

Unless Phaeton agrees in writing, you may not assign the rights and obligations stipulated in this agreement. Any attempt to transfer in violation of the above regulations is invalid.

Updated on Dec 24, 2020