TERMS OF USE


1. Acceptance/Termination.  These terms and conditions constitute a legally binding agreement (“Terms of Use”) between you ("User" or "you" or “your”) and Luu Limited, LLC (“we” or “us” or “our”), which owns and operates the mobile application Luu Hydration App and any associated websites (hereinafter “Luu Hydration App”).  The Terms of Use shall govern your access to and use of Luu Hydration App, whether as a guest or a registered user.


NOTICE: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN THE ASSERTION AND VENUE FOR CLAIMS YOU AND US HAVE OR MAY HAVE AGAINST ONE ANOTHER.  PLEASE SEE SECTION 25, BUT YOU SHOULD KNOW THAT EXCEPT AS OTHERWISE PROVIDED, YOU WILL BE REQUIRED TO SUBMIT ANY SUCH CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. 


 By downloading and installing Luu Hydration App, by accessing and using Luu Hydration App, by tapping to accept or agree to these Terms of Use when such an option is made available to you, or by continuing to use or access Luu Hydration App, you accept and agree that you have read, understood, and agreed to be bound by and abide by these Terms of Use and our Privacy Policy ("Policy"), found at www.udroneit.com and incorporated herein by reference.  You further agree that your continued use of Luu Hydration App after modifications and changes to these Terms of Use also constitutes your continued acceptance of such Terms of Use as changed or modified.  If you do not agree to these Terms of Use, or at any time, stop agreeing to these Terms of Use, as currently stated or as further modified, for any reason, you agree that you will uninstall and delete Luu Hydration App and will not use, access, or participate in Luu Hydration App.


These Terms of Use, as currently stated or as amended by any further modifications, are effective immediately upon posting.  You agree to review these Terms of Use periodically to keep apprised of any changes. You may discontinue your use of Luu Hydration App at any time, for any reason. We may suspend or deactivate your account, or revoke your permission to access Luu Hydration App, at any time, for any reason, without notice to you.  The Terms of Use, as currently stated or as it may be subsequently modified, shall remain in effect at all times after you or we terminate your participation or access to Luu Hydration App. 


  2. Your Representations and Warranties.  By downloading and installing Luu Hydration App, by accepting these Terms of Use, or by otherwise accessing and using any aspect of Luu Hydration App, you represent and warrant that: (a) you are at least 18 years old and are of legal age to enter into an enforceable contract with us in the jurisdiction in which you reside; (b) you have the right, authority, and capacity to enter into such a contract; and (c) if you are using Luu Hydration App on behalf of a company, entity, or other organization, that you are an authorized representative of that company, entity, or organization with the authority to bind that company, entity, or organization to these Terms of Use, and agree to be bound by these Terms of Use on behalf of that company, entity, or organization. You are not allowed to use Luu Hydration App unless you meet all these requirements; you agree to bear all consequences stemming from any use disallowed by this Section 2.  

3. Changes to Terms of Use.  We reserve the right to revise these Terms of Use in our sole discretion.  We will endeavor to notify you of any material changes, but we will not be liable for any failure to do so.  Any disputes arising under the Terms of Use will be resolved in accordance with the version that was in effect at the time the dispute arose.  


  4. The Luu Hydration App Marketplace.  Luu Hydration App provides a marketplace for individuals and businesses who wish to offer their services (“Drones”) to connect with other individuals and businesses who are seeking those services (“Clients”).  Each user may act as both/either a Drone and/or a Client.  The services sought by Clients on Luu Hydration App that may be scheduled through Luu Hydration App shall be referred to herein as "Tasks.”  Tasks and their requirements are created and specified solely by Clients.  Drones and Clients interact directly with one another through the Luu Hydration App platform in order to schedule Tasks.  Luu Hydration App simply facilitates the matching of Drones to Tasks; we do not hire Drones, specify Task requirements, determine whether those requirements have been met, or exercise control over the result of their work.  Nor do we have control over whether, when, or how Drones perform Tasks, or determine how much Drones should charge for each Task.    


5. No Licensure.  Unless otherwise disclosed by a Drone, all Drones are deemed to be unlicensed.  Client is responsible for determining whether the Task to be performed requires a license and whether a particular Drone is qualified to perform that Task.  Client should also consult the state and local requirements in determining whether a Task must be performed by a licensed professional.


6. No Warranties or Representations Regarding Users; No Liability.  Each user has sole discretion on whether to perform Tasks and/or whether to schedule Drones to perform Tasks on Luu Hydration App.  When a Client schedules a Drone to perform a Task, such interaction constitutes a separate agreement directly and exclusively between the Client and the Drone.  Drones are not employees, agents, or subcontractors of us.  We are not affiliated with, and do not endorse or sponsor, any Drone.  We have no control over and make no decisions related to any aspect of a Drone’s performance, including, but not limited to, the quality, timeliness, or legality of any such performance or of any Task performed by a Drone.  We have no liability or legal responsibility for any Drone’s performance or for any Task performed, and we make no warranty of fitness for a particular purpose, no warranty that any Task will be performed in a workmanlike manner, and no representation that any Task performed complies with any applicable law or regulation.  


We do not conduct background checks on any user, but we reserve the right to do so.  We make no representation regarding any user and we are not responsible for the performance or behavior of any user.  We cannot confirm that each Drone or Client is who he, she, or it claims to be, and we assume no responsibility for the accuracy or reliability of any information provided by a user, on a user’s profile, on a Task profile, or through communications between users during a Task.


You acknowledge and agree that we are not liable for any damage or injury that may arise out of the performance of any Task or having a Task performed for you.  We are not responsible for the conduct of any user, whether in person, through an electronic device, or through Luu Hydration App, and we will not be liable for any claim, injury, damage, or cause of action arising out of or in connection with any Task.  Users are each required to exercise caution and common sense to protect the safety of themselves and their property.    


7. Fees.  Aside from use of the Volunteering tool, Luu Hydration App charges the Client a $3 commission for each Drone that is scheduled through Luu Hydration App.  This $3 commission is in addition to the amount to be paid by the Client to each Drone upon the successful completion of a Task (“Amount Due to the Drone”).  In typical cases, Luu Hydration App collects its $3 commission the same time a Client pays a Drone for successfully completing a Task; when you press the 'Authorize Payment' button to pay a Drone, you are also authorizing payment of $3 to Luu Hydration App.  If and when you use the Special Relationship tool, you agree that in such cases, payments between users are not handled by Luu Hydration App and you hereby authorize and allow Luu Hydration App to collect the $3 commission when each Drone is scheduled; when you press the 'Accept' button to schedule a Drone, you are also authorizing payment of $3 to Luu Hydration App.  You agree to pay Luu Hydration App $3 per Drone scheduled even if your Special Relationship Task is not completed successfully.  


Luu Hydration App uses Stripe, a third-party payment processing service, to facilitate its transactions.  If you receive payment through Luu Hydration App, you agree to be responsible for a portion of the Credit Card Administration Fees charged by Stripe for processing any transactions incidental or related to your Task.  You hereby authorize, allow, accept, and agree to such fees (approximately 3.15% of the total transaction amount) being deducted from the amount due to you.        


Drones are solely responsible for setting the Minimum Pay they require for each Task type.  Clients are solely responsible for setting the price or rate they are willing to pay a Drone for the performance of a Task.  However, neither the Drone’s Minimum Pay settings nor the Client’s Pay Rate settings may be less than $5 for each Payment Type (i.e. $5 Flat Fee; $5 Per Hour; $5 Base then $5 Per Hour).  If the Per Hour payment results in an Amount Due to the Drone (an amount excluding any applicable Luu Hydration App Commission but prior to deducting any applicable Credit Card Administration Fee) that is less than $5, then the Amount Due to the Drone will be adjusted to $5 and you hereby authorize, allow, accept, and agree to such automatic adjustments by Luu Hydration App.  By Applying to or Accepting a Task, you are agreeing to performing the Task at the Pay Rate set by the Client, even if such Pay Rate is less than the amount you have set under your Minimum Pay settings.  By Scheduling a Drone, you are affirming that you have reviewed and accepted the Pay Rate which you have entered, and you agree to pay the Drone at that Pay Rate upon the Drone’s successful completion of the Task.  You understand and agree that both the Pay Rate setting and the $3 Luu Hydration App Commission are for each Drone (on a Per Drone basis).  Client is responsible for reviewing, calculating, and ensuring that the aggregate cost of a Task, with due consideration being given to the multiplier effect of scheduling multiple Drones for a Task, conforms to Client’s budget and is acceptable to Client prior to scheduling Drones.        


8. Prohibited Tasks and Demeanor.  User agrees that all of the following Tasks or Demeanor during Tasks are prohibited, may result in account deactivation, and may not be posted, submitted, invited to, scheduled, accepted, applied to, performed, or engaged in through Luu Hydration App:


  1. Tasks that require a permit, license, or certificate to perform or be permitted to perform (excepting Special Relationship);


  1. Any professional services, such as those performed by lawyers, accountants or actuaries, engineers, architects, health care professionals, and financial or investment advisors (excepting Special Relationship);


  1. Tasks performed more than 10 feet above the ground or above a permanent flooring surface (excepting Special Relationship);


  1. Child care or elder care services (excepting Special Relationship); 


  1. Lifeguarding (excepting Special Relationship); 


  1. Tasks that require or involve weapons, explosive materials, or hazardous materials; 


  1. Tasks that are unsafe, illegal, or criminal, as determined by reference to the state or locality in which the Tasks occur;


  1. Tasks involving the transportation of users in any aquatic or airborne vehicle or apparatus (excepting Special Relationship);


  1. The unauthorized use, possession, manufacture, distribution or sale of an illegal drug, controlled substance or drug paraphernalia during a Task;


  1. Illegal solicitation or pandering during a Task;


  1. Performing a Task while under the influence of illegal drugs or a controlled substance when such use is unauthorized;


l. Intimidate, threaten, stalk, bully or otherwise harass other users or those around you during a Task.


9. Payments.  To facilitate payments, Clients are required to register a credit card prior to creating and submitting a Task.  In order to receive payments, Drones are required to register a bank account prior to Accepting or Applying to a Task.  You hereby authorize us and our payment processing service, Stripe, to facilitate the transactions incidental or related to your Tasks and the payment remittance of all applicable charges and fees between you and other users and between you and us.  All payments transacted through Stripe shall be subject to the Stripe Connected Account Agreement, located at https://stripe.com/connect/account-terms, as well as the Stripe Terms of Service, located at https://stripe.com/us/terms.  By agreeing to these Terms of Use, you also agree to be bound by Stripe’s terms, as the same may be modified by Stripe from time to time.  In order to facilitate payment processing through Stripe, you agree to provide us and Stripe with accurate and complete information about you and, if applicable, your business, and you authorize us to share it and other transaction information with Stripe.


You hereby authorize us to charge the credit card on file in your account in accordance with such amounts and in such manner as discussed under Section 7 (Amount Due to the Drone plus any applicable Luu Hydration App Commission): a) upon your confirmation of the successful completion of a Task when you press the ‘Authorize Payment’ button; or b) automatically, two (2) minutes after a Task is completed as indicated by the expiration of the countdown clock, if there is no Dispute.  We retain the right, in our sole discretion, to maintain an authorization hold on your credit card while the Task is in Dispute.  Similarly, when you press the ‘Pre-Authorize CC’ button to schedule a Drone, we will place an authorization hold on your credit card in an amount that is commensurate with the Pay Rate and Max Duration of the Task.                                                     


We do not store any credit card information and we expressly disclaim any liability for any damage that may result should any information be released; you agree to hold us harmless for any damages that may result therefrom.  We are not responsible or liable for any taxes incurred in connection with transactions excluding taxes on our income.  Clients will be liable for all transaction taxes on the Tasks performed for them, if any.


After the successful completion of a Task, there is a two (2) business-day delay between the processing of payment and the actual availability of funds (payout) to Drones; you understand, accept, and agree to this delay.  You are responsible for paying all applicable federal, state and local taxes for any income you earn through performing Tasks.  Luu Hydration App will not withhold or remit any taxes for you; you agree that we are not responsible or liable for your failure to remit any taxes.             

10. Ratings.  User’s performance during a Task is subject to rating.  This applies to both a Client and a Drone.  Cancelling Tasks, whether as a Client or a Drone, will negatively impact your rating.  Accounts with low ratings may be deactivated.  You understand and agree to this Section.  

11. Communications.  By becoming a User, you expressly consent and agree to accept and receive electronic and other communications from us, including via email, text messaging, calls, and push notifications to the phone number, email address, or device you provided to us.  We may, without further notice or warning, and in our discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights.  We may, without further notice or warning, and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among users that occur through Luu Hydration App for our business purposes, including to provide and improve customer service, fraud prevention, and to identify violations of this Terms of Use.


12. Location Disclosure.  To use Luu Hydration App, you must possess an iOS or Android smartphone capable of accessing the Luu Hydration App mobile application.  You consent to our collection of the longitude and latitude coordinates of the mobile device on which you access or use Luu Hydration App.  You understand that the Luu Hydration App mobile application will not function properly if you choose 'Don't Allow' or 'Never' as your Location Access permission.  Luu Hydration App requires the use of location tracking if you plan to perform Tasks.  Luu Hydration App uses your location data to help fill in addresses, search for Tasks, and to provide Clients assurances when you are on a Task.  So that you may use other mobile applications when you are performing Tasks, Luu Hydration App uses background tracking during Active Tasks which requires the 'Always' permission.  By performing Tasks, you agree to allow Luu Hydration App to track your location in the background and you understand that you will not be allowed to Start work on a Task until you set your Location Access permission to 'Always'.  You may change the Location Access permission once you have completed your Task.  You understand and agree to the use and disclosure of location information as described in this Section.


13. Luu Hydration App Access, Updates, and Account Security.  You acknowledge that we may withdraw, amend, modify, or otherwise change Luu Hydration App or any of the features or services thereon, in our sole discretion, without notice. We will not be liable if for any reason Luu Hydration App, or any aspect thereof, is unavailable at any time or for any period.  You acknowledge that we may also restrict access to all or parts of Luu Hydration App for any reason or no reason.  We may but are not required to provide updates to Luu Hydration App.  You are responsible for ensuring that your device and its operating system are configured or properly updated to allow access to and use of Luu Hydration App.  

As a condition to accessing and utilizing Luu Hydration App, you may be asked to provide certain registration details or other information; such information must be truthful, accurate, current, and complete.  You may register to use Luu Hydration App by providing an email address, or you may register by using your Facebook account and the corresponding log-in credentials.  All information you provide is governed by our Privacy Policy, and you consent to our handling of such information in accordance with our Privacy Policy.  Any information that forms a part of our security protocol, such as your password or your Facebook log-in credentials, must be treated as confidential information and must not be disclosed to any other person.  You are the only authorized user of your Luu Hydration App account.  If you permit others to access or use Luu Hydration App through your account, your account may be terminated.  You agree to notify us immediately of any unauthorized access to or use of your account, username, or password, or any other breach of the security of your account.  You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. 


14. Release.  


Luu Hydration App IS ONLY A VENUE FOR CONNECTING USERS.  EXCEPT AS OTHERWISE SET FORTH HEREIN, WE ARE NOT AFFILIATED WITH ANY CARRIER, DRONE, OR THIRD-PARTY SERVICE.  ANY DISPUTE YOU HAVE WITH ANY CARRIER, DRONE, CLIENT, OR THIRD-PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.


15. Licensure and Intellectual Property.  


You acknowledge, accept, and agree that the Luu Hydration App mobile application is not sold to or purchased by you.  Rather, your ability to use Luu Hydration App is licensed to you only under these Terms of Use.  Subject to your full, continuous, and ongoing compliance with such Terms of Use, we hereby grant you a personal, limited, revocable, non-transferable, non-exclusive, non-commercial, non-sub-licensable license to use Luu Hydration App on authorized devices that you own or control, solely for your own use or for the entity on whose behalf you are authorized to act.

You understand and agree that you may not modify, alter, change, reproduce, sell, rent, lease, lend, distribute, re-distribute, license, or sub-license Luu Hydration App.  You further understand and agree that you may not de-compile, reverse engineer, copy, disassemble, attempt to derive the source code of, modify, or create derivative works of all or any portion of the Luu Hydration App mobile application, any updates, or any part thereof, nor attempt to disable or circumvent any security or other technological measure designed to protect the Luu Hydration App mobile application or any content available through the application.

Luu Hydration App and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by us, our licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  You must not modify any content or copies of any content on Luu Hydration App, use any graphics, photographs (except your own), video or audio sequences separately from its accompanying text, or delete any copyright or other notices.  Except as permitted herein, you must not access or use for any commercial purposes any part of Luu Hydration App or any services or materials available through Luu Hydration App.


If you breach these license restrictions or otherwise exceed the scope of the license granted herein, then you may be subject to legal action, including but not limited to, claims for infringement of intellectual property rights.  Your right to use Luu Hydration App will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to Luu Hydration App or any content on Luu Hydration App is transferred to you, and we reserve all rights not expressly granted.  Any use of Luu Hydration App not expressly permitted herein is a breach of the Terms of Use and may violate copyright, trademark and other laws.

16. Prohibited Uses of Luu Hydration App.  You may only use Luu Hydration App in compliance with the law and these Terms of Use.  More specifically, you agree not to use Luu Hydration App for any of the following:

a. In violation of or in a manner that violates any federal, state, local, or international law, regulation, or ordinance; 


b. To exploit, harm, or attempt to exploit or harm minors; 


c. To impersonate any other person, user, or entity, including through the use of email addresses or usernames; 


d. To engage in any conduct that restricts, interferes with, or inhibits any other person’s use of Luu Hydration App; 


e. To harm or expose us to liability or to harm or expose any other users to liability, as determined in our sole discretion; 


f. To disable, interfere with, overburden, or damage any other user’s ability to use Luu Hydration App; 


g. Use any robot, spider, or other automatic device or process to access Luu Hydration App, for any purpose, including monitoring or copying any information or material on Luu Hydration App; 


h. Use any manual or other process not covered by subsection (g) to monitor or copy any information or material on Luu Hydration App, or for any other reason unless we expressly consent to the same in writing; 


i. Introduce or cause the introduction of any viruses, worms, logic bombs, malware, spyware, Trojan horses, or any other material which is malicious or technologically harmful; 


j. Gain or attempt to gain unauthorized access to or interference with Luu Hydration App, the server on which Luu Hydration App operates, or any computer, server, or database connected to Luu Hydration App; 


k. Cause or attempt to cause a denial-of-service or distributed denial-of-service attack on Luu Hydration App or its servers or databases; 


l. Engage in any other activity that seeks to interfere with, damage, or impair Luu Hydration App.

17. Digital Millennium Copyright Act.  We follow and comply with the Digital Millennium Copyright Act applicable to internet service providers.  If you believe that you have a complaint covered by such Act regarding information or material on Luu Hydration App, you may contact Luu Hydration App at support@udroneit.com.  Such contact must include an electronic or physical signature of the owner or a person authorized to act on behalf of the owner, a description of the protected work, a description of the allegedly infringing material and where on Luu Hydration App such material is located, your contact information (including an address, phone number, and email address), a statement that you believe in good faith that you have a valid claim and that the appearance of any allegedly infringing material is not authorized, and a statement under penalty of perjury that the information you are providing is complete and accurate. We reserve the right to promptly terminate the account of any user we determine to have posted infringing material.  

18. Your Posted Content.  Luu Hydration App may allow users to post, submit, publish, display, or send content, including photographs, images, or other related materials.  Any such content is subject to our Privacy Policy.  Such content is considered non-confidential and non-proprietary and you hereby grant us, and our licensees, successors, or assigns, the right to use, reproduce, modify, display, distribute, or disclose to third parties such content for any permitted purpose.  To the extent you post or share content with other users, you grant those users a non-exclusive license to access and use the content as permitted herein and consistent with Luu Hydration App’s functionality.  Further, you warrant that you own or control all rights in the content and have capacity and authority to grant said licenses, and that your content does not (i) infringe, violate, or misappropriate any third party’s rights or information; (ii) defame or invade the privacy, publicity, or other property rights of any other person; (iii) contain or refer to any obscenity, nudity, viruses, malware, or any other thing that can harm or cause us to incur liability; and (iv) cause us to violate or be considered non-compliant with any federal, state, local, or international law.  Further, you acknowledge that you are responsible for any content you submit or contribute, and you, not us, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness.  We are not responsible, or liable to any third party, for the content, accuracy of any of your content, or that of any other user of Luu Hydration App.


You irrevocably grant to us, with respect to your content: (i) the right to use the content in advertising, marketing, and publicizing Luu Hydration App; and (ii) the right to exercise all copyright, publicity, or other rights.  These rights apply in any media now known or not currently known, and such right is hereby deemed to be perpetual, non-exclusive, unrestricted, royalty-free, worldwide, irrevocable, transferable, and sub-licensable (through multiple tiers).  You release us from (and shall not bring) any proceeding or liability, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon the use of your content.  You grant us permission to use images of your likeness or images you may have copywritten when you upload such images as your profile photos.  


We are under no obligation to edit or control content submitted or posted by users, and we expressly disclaim any and all liability in connection with such content.  We may, at any time and without notice, screen, remove, edit, or block any content that in our sole judgment violates these Terms of Use or are otherwise objectionable.  You understand that you will be exposed to content from a variety of sources and acknowledge that such content may be inaccurate, offensive, or objectionable.  You agree to waive any legal or equitable right or remedy you have or may have against us with respect to such content.


19. Monitoring and Enforcement.  You acknowledge that we have a right, but not the obligation, to monitor all content posted or published on, or submitted to, Luu Hydration App.  We may remove or refuse to permit publication of any content for any or no reason.  We also have the right to take any action, in our discretion, with respect to any content that we deem inappropriate, including but not limited to a belief or knowledge that content infringes on any rights of any other person or entity, or if content violates these Terms of Use, or endangers or threatens the safety of other users, Luu Hydration App, or the public.  We also reserve the right to disclose your identity or other information about you to any third party who claims you have posted or published content that violates that third party’s rights.  We may also take legal action, including referral to law enforcement, for any illegal or unauthorized use of Luu Hydration App, or terminate or suspend your account, in whole or in part.    

We also have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content on or through Luu Hydration App. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.


20. Information About You.  All information we collect is subject to our Privacy Policy.  By using Luu Hydration App, you consent to all actions taken by us with respect to your information that is in compliance with such policy. 


21. Confidential Information.  The following provisions apply with respect to our and your confidential information:


a. Our Confidential Information.  “Confidential Information” shall mean our trade secrets, confidential, and proprietary information, as well as any of our other information that is not generally known to the public or third parties who could derive economic or other value from its use or disclosure.  This includes technical data and information, know-how, research, products, services, processes, customers, markets, developments, inventions, software, formulas, designs, drawings, technology, hardware configuration, marketing, finances, or other business information disclosed directly or indirectly, in writing or otherwise.  You acknowledge that Confidential Information is a valuable, unique asset of ours and that you will not use, disclose, or transfer any such information for any purpose other than to authorized agents who are also bound to maintain the information’s confidentiality.  You must notify us immediately, in writing, of any unauthorized disclosure, use, or transfer of Confidential Information.  Upon termination of this agreement, you shall return all originals and copies of any Confidential Information.    


b. Client Confidential Information.  If you are a Drone, you understand that you may receive certain private and/or Confidential Information regarding Clients and may have access to their property. Except upon order of government authority (e.g., court, administrative agency) having jurisdiction, or upon express written consent by the Client, you agree that you shall not publish, disseminate or disclose, for your own benefit or the benefit of any third party, any Confidential Information regarding the Client, including addresses, telephone numbers and/or financial information. You further agree not to engage in any activity which violates the privacy of any Client, including, but not limited to, taking or making unauthorized photographs or audio or video recordings, and publishing such information or media.  You acknowledge that your failure to comply with this paragraph shall constitute a material breach of these Terms of Use and may result in the immediate termination of your account.


22. Third Party Services and Software.


a.         Third Party Services.  We may provide you with access to third-party websites, programs, software, systems, products or services, and may enable you to export information or content, including your or other users’ content, to such third party services such as Twitter or Facebook, through a feature on Luu Hydration App.  By using this feature, you agree that we may transfer that information or content to the applicable service. We have no control over any such service and are not responsible for their content, operation or use. By linking or otherwise displaying information from or providing access to any such service, we do not give any representation, warranty, or endorsement, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such services. Such services may have their own terms and conditions and privacy policy, and your use of Luu Hydration App to connect to such services may incur fees, such as fees charged by your mobile carrier.  You are responsible for complying with any such terms or policy, and for all such fees. You are also responsible for taking the precautions necessary to protect yourself and your electronic or computer system from fraud or other malicious activity when using such services. We disclaim any responsibility for any harm resulting from your use of such services, and you irrevocably waive any claim against us with respect to any such services.


b. Third Party Software.  Software you download in connection with Luu Hydration App consists of a package of components that may, but does not have to, include certain third-party software provided under separate license terms. Your use of such software in a manner consistent with these terms and conditions is permitted.  The terms and conditions of such software, however, may be broader.   


23.  Drone Requirements/Responsibilities. 


a.         Insurance.  Drones have the obligation to maintain the appropriate level and extent of insurance, including but not limited to workers compensation, occupational accident, unemployment, and liability, with policy limits sufficient to protect, defend, and indemnify us from any losses resulting from the conduct, acts, or omissions of you or your assistants, agents, contractors, servants, or employees.


b. Equipment/materials/expenses.  Drones are solely responsible for any expenses incurred incidental to, as a result of, in connection with, or while performing Tasks.  Drones must maintain, at their own expense, all equipment, materials, supplies, and tools used to perform Tasks, and retain sole responsibility to determine the equipment, materials, supplies and tools to be used.    


c.         Representations and Warranties.  You represent and warrant that: (i) you are solely responsible for obtaining any necessary licenses and/or certifications for performing Tasks; (ii) you will not transfer or sell your account, password and/or other log-in credentials to any other party; (iii) you will be solely responsible for any liability that results from or is alleged as a result of your performance; (iv) you will comply with all applicable laws, rules and regulations and will be solely responsible for any violations of such provisions; (v) you will pay all applicable federal, state, and local taxes based on any payments received by you; (vi) you will not attempt to defraud us or any Client; (vii) you will not demand that a Client pays in cash, use a credit card reader, or any other payment service outside of Luu Hydration App; and (viii) you will not engage in any other activity in a manner that is inconsistent with these Terms of Use.


24. Disputes with Other Users.  In the event a dispute between you and another user cannot be resolved independently, you agree, at our request, to participate in good faith in a neutral resolution, mediation, or arbitration process conducted by us or a neutral third-party selected by us. You agree, however, that we are under no obligation to become involved in or impose resolution in any dispute between users.


25.  Disputes with Us – Mandatory Arbitration Policy.  You agree that every dispute arising out of or in connection with these Terms of Use will be resolved exclusively by binding arbitration.  This includes all claims arising out of or relating to any aspect of these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use. 


YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Notwithstanding the foregoing, nothing in this section will be deemed to waive, preclude, or otherwise limit the right of either us or you to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.


The following provisions apply to any arbitration under this section:


a.         AAA.  Arbitrations under this section will be subject to the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (AAA), as modified herein, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879.


b. Initiating Arbitration.  In order to initiate arbitration, you (or us) must send a written notice to the other by certified mail or email.  If you have not provided us with a current physical address, you agree that we may send this notice to the email address you have provided us.  Our email address for the notice is support@udroneit.com.  The notice must describe the nature of the dispute and set forth the specific relief that is being sought. 


c. Procedure After Initiation.  You and us agree that you and us both will make a good faith effort to resolve the dispute.  If no resolution is reached within 30 days of receipt of the notice, the party seeking arbitration may commence an arbitration proceeding consistent with the AAA rules.  If a matter is resolved in your favor by the arbitrator, you agree and acknowledge that any award is subject to the Limitation of Liability set forth in Section 28 below. 


d. Fees.  If you commence arbitration, and seek less than $10,000, we will reimburse you for payment of the filing fee.  Any arbitration will occur in Franklin County, Ohio.  If you reside outside of Franklin County, Ohio you may select whether the arbitration occurs based on written submissions only (with no appearance required), or through a telephonic arbitration hearing.  If the arbitrator determines that your claim is frivolous under the governing legal mandates, then you agree to pay back any reimbursement we have provided you.   


e. Class Action Waiver.  TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless you and us both agree otherwise, the arbitrator may not consolidate more than one user’s claims and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permitted under applicable law.     


f.          Modifications.  If we make any change to this arbitration provision, other than a change to our email address, you may reject the change by sending us written notice within 30 days, but if you do so your account will be immediately terminated and this arbitration provision, in the form prior to the changes you rejected, will survive.


g. Severability.  If any portion of this Section 25 is found to be unenforceable, then the entire Section 25 will be deemed void.  In such a situation, the parties agree to applying the Governing Law and Jurisdiction provision of this agreement to resolve any dispute.  The arbitrator shall have exclusive authority to resolve any dispute as to the meaning, interpretation, applicability, or enforceability of this Section 25.


26. Governing Law and Jurisdiction.  Terms of Use shall be subject to, governed by, and construed under the laws of the State of Ohio, without regard to the conflict of laws principles of any other state.  Any action brought to enforce these Terms of Use that is not subject to the Arbitration provision in Section 25, shall be brought in the Franklin County, Ohio Court of Common Pleas, which shall be the exclusive venue and which shall have exclusive jurisdiction.  


27.  Warranty Disclaimer.  We cannot and do not guarantee, warrant, or represent that files available for download from Luu Hydration App or the internet will be free from viruses or other destructive or malicious codes. You are responsible for implementing sufficient procedures and checkpoints for anti-virus protection, accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of lost data.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL OR MALICIOUS MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT (INCLUDING MOBILE DEVICES), COMPUTER PROGRAMS, DATA OR OTHER MATERIAL DUE TO YOUR USE OF Luu Hydration App OR ANY SERVICES OR ITEMS OBTAINED THROUGH Luu Hydration App OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.


YOUR USE OF Luu Hydration App OR ANY SERVICES OR ITEMS OBTAINED THROUGH Luu Hydration App, WHICH ARE PROVIDED AS-IS AND AS-AVAILABLE, IS AT YOUR OWN RISK. WE PROVIDE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF Luu Hydration App. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT Luu Hydration App OR ANY SERVICES OR ITEMS OBTAINED THROUGH Luu Hydration App WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT Luu Hydration App OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT Luu Hydration App OR ANY SERVICES OR ITEMS OBTAINED THROUGH Luu Hydration App WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.


WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  THIS SECTION DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.



28. Limitation of Liability.  IN NO EVENT WILL WE, OUR PARTNERS, AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (AS USED IN THIS SECTION, COLLECTIVELY, “US” OR “OUR”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, Luu Hydration App, ANY CONTENT ON Luu Hydration App, OR ANY SERVICES OR ITEMS OBTAINED THROUGH Luu Hydration App, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS, REVENUE, GOODWILL, OR DATA, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.


OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ALL OR ANY PORTION OF Luu Hydration App, OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN FEES IN THE PRECEDING 12 MONTHS; OR (B) $100.


THIS SECTION DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


29. Indemnification.  You agree to defend, indemnify and hold harmless us, as well as our partners and affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of Luu Hydration App.


30.  Development and Testing.  We may from time to time, but are not required to, schedule or perform development and testing on Luu Hydration App.  On such occasions, these Terms of Use apply.


31.  Notices.  All notices will be provided to you via the email address you provided during the registration process.  Notices to us shall be provided to support@udroneit.com.  


32.  Miscellaneous Provisions.


a.  Entire Agreement.  These Terms of Use, as well as the Privacy Policy incorporated herein, represent the entire agreement between you and us, and supersede any and all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Luu Hydration App.

b.  Severability.  If any provision of these Terms of Use or the application thereof shall be deemed invalid, illegal, or unenforceable, then an attempt shall be made to reform such provision into an enforceable one and in a manner that adheres to its original intent and context within these Terms of Use as strictly as possible.  Otherwise, if such provision cannot or is not allowed by law to be so reformed, then said provision shall be severed from the rest of this agreement, which shall not be affected, but rather shall remain in full force and effect.  These Terms of Use, whether with such provision so reformed and retained or with such provision severed herefrom, shall then be enforced to the maximum extent permitted by law.  

c. Waiver.  No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, including a waiver of the same term and condition in the future against you or any other user, and any failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.


d.  Assignment.  Your rights and obligations hereunder may not be assigned or transferred without our express, prior, written consent. You agree, however, that we may automatically assign our rights and obligations hereunder, in our sole discretion, by providing notice pursuant to Section 31.  


  e.  No Agency/Independent Contractor/Employee Relationship.  No agency, partnership, joint venture, employer-employee, contractor-subcontractor, or franchisor-franchisee relationship is created or intended to be created by these Terms of Use.


YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE FOREGOING TERMS OF USE AND OUR PRIVACY POLICY, AND YOU FURTHER ACKNOWLEDGE THAT YOUR USE OF Luu Hydration App ESTABLISHES YOUR WILLINGNESS TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT.


LAST REVISED:  SEPTEMBER 1st, 2026