DISCLAIMER
Terms with initial capital letters shall have the following meanings:
“Agreement” means the conditions of use of this Original Instructions and any other
agreement between You and Flyability per which the Product has been delivered
to You, including but not limited to Flyability’s General Terms and Conditions.
“Flyability” means Flyability SA, a company incorporated in the Canton of Vaud in
Switzerland under federal number CH-550.1.156.670-6 (IDE CHE-348.376.646)
having its registered offices at EPFL Innovation Park BLDG C, 1015 Lausanne,
Switzerland
“Product” means all goods and services described in this document.
“You” means the person or legal entity to which the Product is delivered or who is
operating the aircraft
All rights related to this document and all information it contains are the property of Flyability.
REPRODUCTION, USE, OR DISCLOSURE TO THIRD PARTIES WITHOUT PRIOR WRITTEN
PERMISSION FROM FLYABILITY IS STRICTLY PROHIBITED.
By using the Products, software and systems of Flyability, You fully accept and consent to,
without reservation, Flyability’s warranty and liability terms as stated below, and all other terms
and conditions agreed between You and Flyability.
1. Product limited warranty
By using the Product, You hereby signify that you have read, fully understood, and agreed to this
disclaimer and the original instructions, and You agree that the Product:
(i) Will only be operated by Flyability Certified ELIOS 3 Pilots and, if required by law, with
other drone pilot licenses or any other certification necessary to pilot ELIOS 3; and
(ii) Presents a risk of physical injuries if wrongly used; and
(iii) Presents a risk of damaging Your and Third-parties’ property if wrongly used; and
(iv) May be unfitted to Your needs and purposes; and
(v) Is intended to be used by Flyability Certified ELIOS 3 Pilots for industrial and professional
purposes only; and
(vi) Should not be used under the influence of alcohol, drugs, or any substances that may
impair cognitive abilities; and
(vii) Is subject to local regulations that could prevent its use.
You shall pursue all available remedies to You according to the Agreement. The warranty shall
exclude defects due to misuse, non-observation of the Original Instructions, moisture or liquids,
explosive gas, proximity or exposure to heat at temperatures exceeding the Operating
temperature of 50 degrees Celsius, excessive strain, abuse, neglect, misapplication, and repairs or
modifications made by anyone other than Flyability or certified by Flyability. There are no express
or implied warranties, nor any representations or conditions, other than those stated in this limited
warranty and the Agreement. The remedy set forth herein and in the Agreement shall be the sole,
exclusive remedy with respect to the Product.
2. Product liability
IN NO EVENT OR UNDER ANY CIRCUMSTANCE, UNLESS EXPRESSLY STATED IN THE
AGREEMENT, SHALL FLYABILITY SA, ITS DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE TO
YOU OR TO ANY THIRD PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS, IN
CONTRACT, TORT, OR OTHERWISE, FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE
OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY
YOU OR A THIRD PARTY WHILE OPERATING OR USING THE PRODUCT, ANY DAMAGES CAUSED
BY FAILURE OF THE ELECTRONICS OR SOFTWARE, ANY LOSS OF REVENUE, LOSS OF PROFIT,
OR LOSS OF DATA, WHETHER BASED UPON ANY ALLEGED BREACH OF WARRANTY,
REPRESENTATION OR CONDITION, CONTRACT, OR ANY OTHER CONDUCT INCLUDING
NEGLIGENCE (INTENTIONAL OR OTHERWISE), GIVING RISE TO SUCH CLAIM. A Party who relies
on a breach of the other Party’s obligations under this Agreement shall take any and all
reasonable measures in the circumstances to mitigate the consequences, including loss of profit,
