Customer-Specific Supplement
The terms of this DronaHQ–Specific Supplement (“Supplement”) below modify and supplement the Customer’s Contract (as defined in the Customer Terms of Service) for any Customer category to which they apply. In the event of any inconsistency between this Supplement and the Contract, the terms of this Supplement shall govern. Nothing herein constitutes DronaHQ acting as a government contractor.
I. U.S. Government Customers
If Customer is a U.S. federal government entity, or if the Services are used by or for the U.S. Government, the following provisions apply:
- Commercial Item Classification The Services and any accompanying documentation qualify as “commercial items,” “commercial computer software,” and “commercial computer software documentation” as those terms are defined in 48 C.F.R. §2.101, §12.212, and §227.7202-4. The U.S. Government’s rights in the Services are limited to those rights granted to all other Customer users under the Contract.
- Waivers Any Contract provisions concerning “Governing Law,” “Automatic Renewal,” “Venue; Waiver of Jury Trial; Fees,” and “Customer’s Indemnification of Us” shall be deemed waived to the extent that they conflict with mandatory federal law or regulation.
- No Government Endorsement DronaHQ shall not imply U.S. Government endorsement by use of any Customer seals, trademarks, or logos, or by listing Customer in a public reference list with greater prominence than other commercial customers.
II. State or Local Government Customers
If Customer is a state or local government entity and uses the Services in an official capacity:
- The Contract provisions regarding “Governing Law,” “Venue; Waiver of Jury Trial; Fees,” and “Customer’s Indemnification of Us” shall not apply to the extent prohibited by Customer’s jurisdictional law.
III. Healthcare Customers
If Customer operates in the healthcare sector:
- No HIPAA Business Associate Status DronaHQ is not a “Business Associate” or subcontractor under HIPAA and does not undertake obligations to safeguard Protected Health Information (PHI) as defined in 45 C.F.R. §160.103. Customer shall not upload or process PHI using the Services, and DronaHQ shall bear no liability for any PHI submitted in violation of this restriction.
IV. Education Customers
If Customer is a U.S. educational institution or educator:
- FERPA Compliance Customer shall ensure compliance with the Family Educational Rights and Privacy Act (“FERPA”). Customer is responsible for providing required notices to and obtaining any necessary consents from parents or guardians before permitting student use of the Services.
- International Data Privacy Educational customers outside the United States shall comply with all applicable local student privacy and parental consent requirements.
V. Patent Assertion Entities
If Customer is, or is acting on behalf of, a Patent Assertion Entity (an entity deriving a majority of revenue from patent enforcement, or controlled thereby):
- Assertion Moratorium Customer agrees not to initiate, nor authorize any third party to initiate, patent infringement claims, suits, or demands against DronaHQ or its affiliates relating to the Services. This obligation shall survive termination of the Contract.