Terms condition
Effective Date: May 1st, 2026
Last updated: May 1st, 2026
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS-ACTION WAIVER, A JURY-TRIAL WAIVER, A LIMITATION OF LIABILITY, AND A SHORTENED LIMITATIONS PERIOD, EACH OF WHICH AFFECTS YOUR LEGAL RIGHTS. SECTION 19 EXPLAINS HOW TO OPT OUT OF ARBITRATION WITHIN 30 DAYS.
OVERVIEW
This website and the UAVA mobile application are operated by UAVA Labs (“UAVA,” “we,” “us,” or “our”). Throughout the site and the App, the terms “we,” “us,” and “our” refer to UAVA. UAVA offers this website, the App, and our hardware products, including the UAVA Bluetooth-enabled vaporizer battery and any successor or related device (each, a “Device”), together with all information, tools, features, content, and services available from the foregoing (collectively with the website and the App, the “Service”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site, downloading or using the App, purchasing or pairing a Device, creating an account, clicking “I Agree” or a similar acknowledgment in the App or on the site, or otherwise using the Service, you engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Service,” “Terms,” or “Terms & Conditions”), including those additional terms and conditions and policies referenced herein and available by hyperlink, including our Privacy Policy. These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, App users, and contributors of content.
Please read these Terms carefully before accessing or using our Service. By accessing or using any part of the Service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, use the App, purchase or pair a Device, or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools that are added to the current Service shall also be subject to these Terms. You can review the most current version of these Terms at any time on our website. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website, by sending you notice, or by requiring re-acceptance through the App. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Service following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least 21 years of age and that you have the legal capacity to enter into a binding contract in your jurisdiction. We reserve the right to verify your age and identity at any time and to suspend or terminate accounts that we have reason to believe are held by ineligible persons.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your access to the Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website or in the App through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
By using a UAVA Device in conjunction with the UAVA App, you acknowledge and agree that the Device may transmit telemetry, diagnostic, and usage data to UAVA Labs’ cloud infrastructure, as further described in our Privacy Policy. This data is collected primarily in de-identified, anonymized, or pseudonymized form and is used to improve our products, conduct analytics, and for other lawful business purposes, including internal research and development programs that we may establish, expand, or discontinue from time to time. You may opt out of telemetry collection at any time through the UAVA App settings.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the website or in the App is not accurate, complete, or current. The material on the website and in the App is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the website or in the App is at your own risk.
The Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our Service.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS, SERVICES, AND DEVICES
Certain products or Services may be available exclusively online through the website or the App. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on the Service is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected, except as required by applicable law.
Health, Safety, and Use Disclaimers
THE DEVICE IS A VAPORIZER ACCESSORY DESIGNED FOR USE BY ADULTS 21 AND OVER. IT IS NOT INTENDED FOR USE BY MINORS, PREGNANT OR NURSING WOMEN, PERSONS WITH HEART DISEASE, HIGH BLOOD PRESSURE, DIABETES, ASTHMA, OR ANY OTHER MEDICAL CONDITION FOR WHICH USE OF SUCH A PRODUCT IS CONTRAINDICATED, OR PERSONS TAKING MEDICATION FOR DEPRESSION, ASTHMA, OR OTHER CONDITIONS, WITHOUT FIRST CONSULTING A HEALTHCARE PROVIDER.
UAVA does not manufacture, sell, distribute, or otherwise provide any cannabis, cannabis derivative, nicotine, or other consumable substance. The Device is sold as standalone hardware. You are solely responsible for the lawful selection, acquisition, possession, transport, and use of any substance with which you choose to use the Device. You are solely responsible for ensuring that any such use complies with the laws of your jurisdiction. We make no representations or warranties as to the legality of cannabis, hemp, or other substances in your jurisdiction. The legal status of these substances varies by jurisdiction and changes over time.
Battery and Hardware Safety
THE DEVICE CONTAINS A LITHIUM-ION BATTERY. LITHIUM-ION BATTERIES MAY OVERHEAT, CATCH FIRE, OR EXPLODE IF DAMAGED, MISUSED, IMPROPERLY CHARGED, EXPOSED TO HIGH TEMPERATURES, EXPOSED TO LIQUID, USED WITH INCOMPATIBLE CHARGERS, OR USED IN A MANNER INCONSISTENT WITH THE DEVICE’S INSTRUCTIONS. YOU AGREE TO READ AND FOLLOW ALL INSTRUCTIONS, WARNINGS, AND SAFETY INFORMATION PROVIDED WITH THE DEVICE AND THROUGH THE APP. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE DEVICE.
Do not disassemble, modify, puncture, crush, or otherwise tamper with the Device. Do not expose the Device to extreme heat, fire, or liquid. Do not use the Device with any charger or accessory not provided or approved by UAVA. Discontinue use immediately if the Device shows signs of damage, swelling, leakage, overheating, or unusual odor. Dispose of the Device and battery in accordance with applicable law.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the Service is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website or the App (including the release of new tools and resources). Such new features and Services shall also be subject to these Terms.
SECTION 7A – UAVA DEVICE AND APP SERVICES
The UAVA App provides functionality for pairing with and managing your UAVA Device via Bluetooth Low Energy (BLE). By using the App in connection with a UAVA Device, you agree to the following:
(a) License to App
Subject to your compliance with these Terms, UAVA grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a mobile device that you own or control, solely for your personal, non-commercial use in connection with a UAVA Device. The App is licensed, not sold, to you. UAVA and its licensors retain all right, title, and interest in and to the App.
(b) Telemetry and Device Data Collection
Your UAVA Device may automatically collect and transmit telemetry, diagnostic, and usage data to our servers when the App is connected. This data may include session metrics, battery status, voltage settings, connectivity events, firmware version, and other operational data. All such data is anonymized, de-identified, or pseudonymized before or upon receipt by our servers and, in such form, cannot be used to personally identify you. Please review our Privacy Policy for full details on the types of data collected and how it is used.
(c) Use of De-identified, Anonymized, and Aggregated Data
You acknowledge and agree that once Device Data has been de-identified, anonymized, and/or aggregated, UAVA Labs owns such data and may use, license, sell, or disclose it for any lawful purpose, including but not limited to product development, analytics, research, commercial licensing, and sharing with third parties such as business partners, investors, prospective acquirers, lenders, and other commercial parties. De-identified, anonymized, and aggregated data is not subject to deletion or access requests, as it can no longer be associated with any individual user.
(d) Internal Research and Development Programs
UAVA may, in our sole discretion and from time to time, establish, conduct, expand, modify, or discontinue internal research and development programs, including device telemetry programs, performance studies, longitudinal usage studies, and similar initiatives, using personal information, Device Data, and other information collected through the Service. The scope, methodology, duration, and outputs of any such program are determined by us in our sole discretion and may evolve over time.
(e) Opt-Out
You may opt out of identifiable Device Data collection at any time by adjusting your settings in the UAVA App or by disconnecting your Device. Opting out may limit or disable certain App features that depend on device data synchronization.
(f) Firmware and Software Updates
Your UAVA Device may periodically receive over-the-air (“OTA”) firmware updates, and the App may receive automatic software updates. These updates may modify, add, or remove device functionality, including data collection parameters and supported features. By using the Device and App, you consent to the receipt and installation of such updates. Continued use of the Device and App after a firmware or software update constitutes acceptance of any updated functionality and data collection practices, which will be reflected in the then-current version of our Privacy Policy.
(g) No Warranty on App or Connectivity
The App and Device connectivity are provided “as is.” We do not guarantee uninterrupted Bluetooth connectivity, and temporary loss of connection may result in gaps in data synchronization, missed notifications, or limited App functionality. We are not responsible for any data loss, missed notifications, missed firmware updates, or other consequences arising from connectivity interruptions, device malfunctions, operating-system or carrier behavior, or other factors outside our reasonable control.
(h) Apple App Store Terms
If you obtained the App through the Apple App Store, you acknowledge that (i) these Terms are between you and UAVA only, and not with Apple Inc.; (ii) UAVA, not Apple, is solely responsible for the App and its content; (iii) Apple has no obligation to provide any maintenance or support for the App; (iv) Apple is not responsible for any product warranties for the App; (v) Apple is not responsible for addressing any claims you or any third party may have relating to the App; (vi) Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party intellectual-property infringement claim; (vii) you must comply with all applicable third-party agreements when using the App; and (viii) Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with respect to the App and have the right to enforce these Terms against you.
(i) Google Play Terms
If you obtained the App through Google Play, you acknowledge that these Terms are between you and UAVA only, and not with Google LLC, and that Google has no responsibility for the App or its content.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and Services available via our Service may include materials from third parties.
Third-party links on our Service may direct you to third-party websites or platforms that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments” or “User Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any User Content that you forward to us. We are and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; or (3) to respond to any User Content.
You retain ownership of your User Content. By submitting User Content, you grant UAVA a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content, in any medium and through any channel, for any purpose, including for advertising, marketing, and promotional purposes, without compensation or attribution to you, except as required by law.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your User Content will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are solely responsible for any User Content you submit and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third party.
DMCA / Copyright Infringement Notices
If you believe that your copyrighted work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information, as required by the Digital Millennium Copyright Act (“DMCA”):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of the location on the Service of the material you claim is infringing;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
UAVA’s Designated Copyright Agent for notices of claims of copyright infringement can be reached at:
Designated Copyright Agent
UAVA Labs
Attn: Copyright Agent
7770 Regents Rd, Suite 113-540
San Diego, CA 92122
Email: help@uavalabs.com
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the Service is governed by our Privacy Policy. Your use of a UAVA Device and the UAVA App, including the collection, anonymization, and use of Device Data, is also governed by our Privacy Policy. By using the Service, you consent to the practices described in our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service, including pricing information, except as required by law. No specified update or refresh date applied in the Service should be taken to indicate that all information has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions set forth in these Terms, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances, including the Prevent All Cigarette Trafficking Act and other laws applicable to vaporizer hardware; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information, including in connection with age verification; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet; (l) to develop or train any artificial intelligence or machine learning system, except as expressly authorized by us; (m) to resell, redistribute, or commercially exploit the Service or Devices without our prior written consent; or (n) to circumvent age, identity, or jurisdictional verification. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND DEVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. UAVA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
To the fullest extent permitted by applicable law, in no event will UAVA or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, savings, data, use, goodwill, business opportunity, or other intangible losses, of any kind, including, without limitation, replacement costs, arising out of or in connection with your use of, or inability to use, the Service or any products procured through the Service, regardless of the legal theory (whether based in contract, tort (including negligence), strict liability, or otherwise) and even if UAVA has been advised of the possibility of such damages.
Aggregate Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UAVA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR THE DEVICES, REGARDLESS OF THE LEGAL THEORY, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO UAVA FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
Carve-Outs from Limitation. Nothing in these Terms is intended to limit liability for (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) gross negligence or willful misconduct; (iv) any other liability that cannot be limited or excluded under California Civil Code Section 1668 or other applicable mandatory law; or (v) your indemnification obligations under these Terms. The aggregate cap in the preceding paragraph does not apply to liability of the type listed in clauses (i)–(iv) of this paragraph.
Statutory Carve-Outs. Nothing in these Terms shall be deemed to waive, limit, or modify any right or remedy that you may have under (a) the California Consumers Legal Remedies Act, California Civil Code Sections 1750 et seq.; (b) the California Song-Beverly Consumer Warranty Act, California Civil Code Sections 1790 et seq.; (c) the federal Magnuson-Moss Warranty Act, 15 U.S.C. Sections 2301 et seq.; or (d) any other statute that prohibits the waiver of consumer rights, in each case to the extent applicable and to the extent such waiver is prohibited by law. To the extent any provision of these Terms is found to conflict with such mandatory consumer protections, that provision shall be deemed modified to the minimum extent necessary to comply with applicable law, and the remainder of these Terms shall remain in full force and effect.
THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN YOU AND UAVA AND APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
SECTION 14 – INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless UAVA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to (a) your use or misuse of the Service or Devices; (b) your User Content; (c) your breach of these Terms or the documents incorporated by reference (including our Privacy Policy); (d) your violation of any law or the rights of any third party, including any intellectual property, privacy, publicity, or property right; or (e) any dispute between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which case you agree to cooperate with our defense.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our Service.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and accordingly may deny you access to our Service (or any part thereof). The provisions that by their nature should survive termination will survive, including, without limitation, intellectual-property provisions, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous provisions.
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on our Service or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 – FORCE MAJEURE
UAVA will not be liable for any failure or delay in performance arising from causes beyond our reasonable control, including but not limited to: acts of God; natural disasters; pandemic or public-health emergencies; war, terrorism, or civil unrest; riots, strikes, lockouts, or labor shortages; supply-chain disruptions; component, semiconductor, or battery shortages; tariff or trade-policy changes; governmental, legislative, regulatory, or judicial action (including changes to controlled-substance scheduling, vape-product regulation, or import or export controls); banking, payment-processing, or financial-system disruptions; internet, telecommunications, or cloud-service failures; power outages; cyberattacks, ransomware, or denial-of-service attacks; or other similar events. If a force majeure event continues for more than 90 days, either party may terminate the affected Service or order with notice to the other party.
SECTION 19 – DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS-ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND UAVA TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAY YOU CAN SEEK RELIEF. THIS SECTION ALSO INCLUDES A CLASS-ACTION WAIVER AND A JURY-TRIAL WAIVER.
19.1 Informal Resolution
Before initiating arbitration, you and UAVA agree to attempt to resolve any dispute informally for at least sixty (60) days. To begin, you must send written notice describing the dispute to help@uavalabs.com (with the subject line “Dispute Notice”) or by certified mail to UAVA Labs, Attn: Legal, 7770 Regents Rd, Suite 113-540, San Diego, CA 92122. The notice must include your name, address, the email address associated with your account (if any), a description of the dispute, and the relief you seek. The 60-day informal resolution period is a precondition to filing arbitration; the running of any applicable statute of limitations and arbitration filing deadlines shall be tolled during this period.
19.2 Agreement to Arbitrate
Except as expressly provided below, you and UAVA agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Service, the Devices, or the relationship between you and UAVA (each, a “Dispute”) will be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by these Terms. The Federal Arbitration Act, 9 U.S.C. Sections 1 et seq. (the “FAA”), governs the interpretation and enforcement of this arbitration agreement.
If, at the time arbitration is initiated, the AAA is unwilling or unable to administer the arbitration in accordance with these Terms, the arbitration shall instead be administered by JAMS under its Streamlined Arbitration Rules and Procedures or Comprehensive Arbitration Rules and Procedures (whichever applies based on the amount in controversy), as modified by these Terms.
19.3 Location and Procedure
Arbitration will take place in San Diego County, California, unless you and UAVA agree otherwise, or unless the AAA or JAMS rules require it to take place in your county of residence. The arbitration will be conducted by a single neutral arbitrator. Arbitration may be conducted in person, by document submission, by telephone, or by videoconference, as determined by the arbitrator in accordance with the applicable rules. The arbitrator’s decision will be final and binding. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
19.4 Class-Action and Representative-Action Waiver
YOU AND UAVA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS SECTION 19.4 IS UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) SHALL BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT, WHILE ALL OTHER CLAIMS WILL PROCEED IN ARBITRATION.
19.5 Jury-Trial Waiver
YOU AND UAVA EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE, TO THE FULLEST EXTENT PERMITTED BY LAW.
19.6 Injunctive Relief; Small Claims; Intellectual-Property Claims; Public Injunctions
Notwithstanding the foregoing, either party may (a) bring an individual action in small-claims court for claims that qualify, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction; (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual-property rights or trade secrets; and (c) bring claims for public injunctive relief in court if and to the extent required by California law (including under the rule announced in McGill v. Citibank, N.A.).
19.7 Mass-Arbitration Procedure
If 25 or more similar arbitration demands are filed against UAVA by or with the assistance of the same law firm or coordinated group within a 90-day period (a “Mass Filing”), the parties agree to the following bellwether procedure to ensure fair and efficient resolution and to manage filing-fee burdens consistent with applicable law:
- The parties shall select up to 25 cases (the “Bellwether Cases”) to proceed first, with each side selecting up to 12 cases and 1 case selected at random by the AAA or JAMS.
- All other arbitration demands in the Mass Filing shall be stayed, and any applicable statutes of limitations and filing deadlines shall be tolled, until the Bellwether Cases are concluded.
- After the Bellwether Cases are decided, the parties shall participate in a single mediation lasting at least one full day, with all stayed cases included, in an effort to resolve the remaining cases.
- If the Mass Filing is not fully resolved through the Bellwether Cases and mediation, the remaining cases shall proceed in arbitration in batches of 25, with the parties selecting cases as described above for each batch.
- Filing fees, administrative fees, and arbitrator fees for the Mass Filing shall be allocated and, where required by applicable law, paid by UAVA in accordance with the AAA Mass Arbitration Supplementary Rules and Mass Arbitration and Mediation Procedures or JAMS Mass Arbitration Procedures and Guidelines, as applicable. Where any law (including California Code of Civil Procedure Sections 1281.97 and 1281.98) requires payment of fees by a particular date, the parties shall make commercially reasonable efforts to comply, and the parties may agree to extend any such deadline in writing.
19.8 Arbitration Fees
Each party will be responsible for its own attorneys’ fees, except as otherwise required by law or awarded by the arbitrator. Filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules or JAMS rules, as applicable. If applicable law requires UAVA to pay any portion of those fees that would otherwise be your responsibility, UAVA will do so in accordance with applicable law and the applicable arbitration rules.
19.9 30-Day Right to Opt Out
YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY SENDING WRITTEN NOTICE TO UAVA AT HELP@UAVALABS.COM (WITH SUBJECT LINE “ARBITRATION OPT-OUT”) OR BY CERTIFIED MAIL TO UAVA LABS, ATTN: LEGAL, 7770 REGENTS RD, SUITE 113-540, SAN DIEGO, CA 92122, WITHIN THIRTY (30) DAYS AFTER THE DATE YOU FIRST ACCEPT THESE TERMS. YOUR NOTICE MUST INCLUDE YOUR FULL NAME, THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT (IF ANY), AND A CLEAR STATEMENT THAT YOU WISH TO OPT OUT OF THE ARBITRATION AGREEMENT. OPTING OUT WILL NOT AFFECT ANY OTHER PORTION OF THESE TERMS.
19.10 Severability of Arbitration Provisions
If any portion of this Section 19 (other than the Class-Action Waiver in Section 19.4) is found to be unenforceable, that portion will be severed and the remainder will continue in full force and effect. If the Class-Action Waiver is found to be unenforceable as to a particular claim or request for relief, that claim or request will be severed from the arbitration and adjudicated in court, while any remaining claims will proceed in arbitration.
19.11 Future Changes
If UAVA makes any future material change to this Section 19, you may reject the change by sending us written notice within thirty (30) days of the change. In that case, your account with UAVA will be immediately terminated, and the version of this Section 19 in effect immediately before the change will continue to govern.
SECTION 20 – SHORTENED LIMITATIONS PERIOD
To the fullest extent permitted by applicable law, you agree that any claim arising out of or relating to these Terms, the Service, or the Devices must be filed within one (1) year after the cause of action accrues. Any claim not filed within that period is permanently barred. Nothing in this Section limits any claim that, under applicable law, cannot be subject to a contractually shortened limitations period.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-laws principles, except that the FAA governs the interpretation and enforcement of Section 19 (Dispute Resolution). The United Nations Convention on Contracts for the International Sale of Goods does not apply. To the extent any Dispute is not subject to arbitration, you and UAVA agree to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, and waive any objection to venue or convenience of such forum.
SECTION 22 – ELECTRONIC COMMUNICATIONS AND SIGNATURES
You consent to receive communications and disclosures from us electronically, including by email, in-App notification, push notification, text message, or through the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any click-through, tap-through, checkbox, or other electronic acceptance constitutes your signature for all purposes under the federal Electronic Signatures in Global and National Commerce Act and applicable state law.
Text Message Consent
If you provide your mobile phone number and consent to receive text messages from us, you agree to receive recurring marketing and transactional text messages from UAVA at the number provided. Consent is not a condition of any purchase. Message frequency may vary. Message and data rates may apply. You may reply STOP at any time to opt out of marketing text messages, and you may reply HELP for assistance. Carriers are not liable for delayed or undelivered messages.
SECTION 23 – SHIPPING AND COMPLIANCE
Sales and shipments of Devices may be subject to federal, state, and local laws, including, without limitation, the federal Prevent All Cigarette Trafficking Act (“PACT Act”), 15 U.S.C. Sections 375 et seq., and state laws applicable to vapor products and electronic nicotine or cannabis delivery hardware. By placing an order, you represent and warrant that you are at least 21 years of age, that delivery of the Device is lawful in your jurisdiction, and that you will not divert, resell, or transfer the Device to any minor or to any person for any unlawful purpose. We reserve the right to require adult-signature delivery, to refuse shipment to any address or jurisdiction, and to take any other action we deem necessary to comply with applicable law.
SECTION 24 – INTELLECTUAL PROPERTY
The Service, including all software, content, designs, text, graphics, logos, trademarks, trade dress, and underlying technology, is owned by UAVA or its licensors and is protected by intellectual-property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you. UAVA reserves all rights not expressly granted.
“UAVA” and the UAVA logo are trademarks of UAVA Labs. You may not use these marks without our prior written permission.
Certain UAVA technology, including aspects of the Device and App, is protected by issued and pending U.S. and foreign patents. Use of the Service does not grant you any license under any UAVA patent, copyright, trademark, or other intellectual-property right except as expressly stated in these Terms.
SECTION 25 – ASSIGNMENT
You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, and any of our rights or obligations under these Terms, in our sole discretion, including in connection with a merger, acquisition, financing, reorganization, sale of assets, or similar transaction, without notice or consent. Any attempted assignment in violation of this Section is void.
SECTION 26 – EXPORT COMPLIANCE
You agree to comply with all applicable export and re-export control laws and regulations, including those of the United States. You may not access or use the Service from any jurisdiction that is subject to a U.S. embargo or that has been designated as a “terrorist supporting” country, and you may not use the Service if you are on any U.S. government list of restricted parties.
SECTION 27 – NO THIRD-PARTY BENEFICIARIES
Except as expressly provided in Section 7A(h) with respect to Apple, there are no third-party beneficiaries to these Terms.
SECTION 28 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on our website.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website, by sending email or in-App notice, or by requiring re-acceptance through the App. It is your responsibility to check our website periodically for changes. Your continued use of, or access to, our Service following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Service.