By accessing or using any Offering, you agree to these Terms. If you do not agree, do not use the Offerings.
1) WHO WE ARE
“Gunning Industries,” “we,” “us,” and “our” refers to Gunning Industries, Corp, a Delaware C Corp with its principal place of business in Orange County, California (or such other address as we publish).
Contact: legal@gunning.industries | hi@gunning.industries
2) IMPORTANT: SAFETY, LEGAL COMPLIANCE & INTENDED USE
2.1 Safety-Critical Equipment
Hardware may be used in dynamic, high-risk environments. You are responsible for ensuring operators are trained and that the Hardware is used safely and appropriately. Always follow our manuals, checklists, warnings, and operational guidance.
2.2 Regulatory Compliance Is Your Responsibility
You are solely responsible for complying with all laws, rules, and regulations applicable to your use of the Offerings, including without limitation:
- FAA and other aviation rules (registration, Remote ID if applicable, airspace authorization, flight restrictions)
- State/local rules (privacy, surveillance, wiretapping, trespass, nuisance, public records)
- Agency policies (use-of-force, evidence handling, retention schedules, body cam policies)
- Any required approvals, warrants, notices, or consents
2.3 Prohibited Uses
You will not (and will not allow any third party to):
- Use the Offerings to cause harm, injury, death, or property damage, or in any unlawful manner
- Weaponize the Hardware or integrate weapons, incapacitating devices, explosives, or prohibited payloads
- Conduct unlawful surveillance or privacy-invasive monitoring
- Interfere with manned aircraft, critical infrastructure, or emergency operations
- Use the Offerings to violate sanctions/export laws or to support prohibited end uses/end users
- Bypass safety features, geofencing (if present), logging, or security controls
- Use the Offerings for any purpose that would reasonably be expected to lead to severe physical harm
We may suspend or terminate access if we believe your use creates a safety risk, legal risk, or abuse risk.
3) ELIGIBILITY; AUTHORIZED USERS
The Offerings are intended for professional, organizational, and government users. If you are using the Offerings on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes the organization.
4) ACCOUNTS, ACCESS & SECURITY
You may need an account to access certain Services. You agree to:
- Provide accurate account information
- Keep credentials secure and not share them except with authorized users
- Promptly notify us of suspected compromise or unauthorized use
You are responsible for all activity under your account(s).
5) ORDERS, PRICING, PAYMENT, TAXES
5.1 Quotes & Purchase Orders
Quotes are valid for [30] days unless otherwise stated. Orders may be placed via checkout, executed order form, or purchase order (“PO”). We may accept or reject any order in our discretion.
5.2 Pricing & Taxes
Prices exclude shipping, duties, and taxes unless stated. You are responsible for all applicable taxes (sales, use, VAT, customs) except taxes on our net income.
5.3 Payment
Payment terms are [Net 30] unless otherwise agreed in writing. Late payments may incur the lesser of (i) [1.5%] per month or (ii) the maximum allowed by law, plus reasonable collection costs.
6) SHIPPING, TITLE, RISK OF LOSS
Shipping terms are [Incoterms 2020: EXW / FOB Origin] unless stated otherwise in an order form. Title and risk of loss pass upon delivery to the carrier (or as otherwise specified in the order form). Delivery dates are estimates.
7) RETURNS, RMAs, AND FIELD SERVICE
Returns, repairs, and replacements (including any return merchandise authorizations “RMA”) are governed by our then-current return/RMA policy and warranty terms provided with the Hardware or published by us. You must follow our RMA process before returning anything.
8) LIMITED WARRANTY; DISCLAIMERS
8.1 Limited Warranty
Any warranty for Hardware (and any warranty for Services) is only as expressly provided in a written warranty statement, order form, or documentation provided with the product (“Limited Warranty”). If no Limited Warranty is provided, the Offerings are provided “as is” and “as available.”
8.2 Disclaimers
EXCEPT AS EXPRESSLY SET FORTH IN A LIMITED WARRANTY, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE OFFERINGS WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DATA OR CONTENT WILL BE SECURE OR NOT LOST.
8.3 Mission-Critical Disclaimer
You acknowledge that failure of Hardware or Services could result in loss, damage, or injury. You are responsible for redundancy, operational judgment, and safe fallback procedures. The Offerings are not guaranteed to prevent harm.
9) SOFTWARE & FIRMWARE LICENSE
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Software/firmware solely as embedded in or provided for use with the Hardware and/or Services, for your internal business or governmental purposes, during the applicable term.
9.1 Restrictions
You will not:
- Reverse engineer, decompile, disassemble, or attempt to derive source code (except where prohibited by law)
- Modify, create derivative works of, or bypass license controls
- Remove proprietary notices
- Resell, sublicense, or provide the Software as a service to third parties except as expressly permitted in an order form
10) SERVICES, SUBSCRIPTIONS, AND AVAILABILITY
10.1 Subscriptions & Auto-Renewal
Services may be sold on a subscription basis. Unless otherwise stated, subscriptions auto-renew for successive terms equal to the prior term, and we will charge the payment method on file or invoice per the agreed terms.
10.2 Service Changes
We may update or modify the Services over time (including features, UI, integrations, or APIs). We will not materially reduce core functionality of paid Services during a then-current subscription term without a commercially reasonable justification (e.g., security, legal compliance, end-of-life dependencies).
10.3 Beta Features
Beta, preview, pilot, or evaluation features are provided “as is” and may be discontinued at any time.
11) DATA, VIDEO, TELEMETRY, AND EVIDENCE WORKFLOWS
11.1 Your Data
“Customer Data” means data you (or your users) upload to the Services or generate through use of the Offerings (including video, thermal imagery, audio, photos, telemetry, logs, metadata, and mission annotations).
As between you and us, you own Customer Data. You grant us a limited right to host, process, transmit, and display Customer Data solely to provide, maintain, secure, and improve the Offerings, and to comply with law.
11.2 Sensitive and Law Enforcement Data
You are responsible for:
- Legal authority to collect/record (consent, notice, warrants, policies)
- Evidence handling and chain-of-custody procedures
- Retention schedules and deletion requirements
- Redactions and disclosures (including public records requests)
We are not your records custodian unless expressly agreed in writing.
11.3 Security
We implement commercially reasonable administrative, technical, and physical safeguards. No security is perfect. You are responsible for configuring access controls, roles, exports, and retention settings in a manner consistent with your obligations.
11.4 Aggregated/De-Identified Data
We may create and use aggregated and/or de-identified data derived from Customer Data for analytics, benchmarking, product improvement, and reporting, provided it does not reasonably identify you, your personnel, or individuals.
11.5 Privacy Policy
Our collection and use of personal information on the Site is described in our Privacy Policy: [link]. If there is a conflict between these Terms and the Privacy Policy regarding personal information, the Privacy Policy controls.
12) INTELLECTUAL PROPERTY; FEEDBACK
12.1 Our IP
We retain all right, title, and interest in the Offerings and all related IP (including designs, software, documentation, trademarks, and know-how), except for Customer Data.
12.2 Feedback
If you provide suggestions or feedback, you grant us a perpetual, irrevocable, worldwide right to use it without restriction or compensation.
13) CONFIDENTIALITY
“Confidential Information” includes non-public information disclosed by one party to the other, including product roadmaps, designs, pricing, security details, and technical materials. The receiving party will protect Confidential Information with reasonable care and use it only as needed to perform under these Terms. Exceptions include information that is public, independently developed, or received lawfully without confidentiality obligations.
If you are a government entity, confidentiality may be subject to public records laws and applicable exemptions.
14) EXPORT CONTROLS; SANCTIONS; END USE
You acknowledge the Offerings may be subject to U.S. and other export control laws (including EAR) and sanctions regulations. You represent and warrant that you will not export, re-export, transfer, or provide access to the Offerings (including Software, technical data, or Services) in violation of such laws.
You will not use the Offerings for prohibited end uses (including WMD-related end uses) or provide them to prohibited end users (including sanctioned parties). You agree to provide end-user and end-use information upon request where legally permitted.
15) COMPLIANCE REPRESENTATIONS (NDAA / PROGRAM READINESS)
We may describe certain compliance-related design goals (e.g., supply chain posture and program readiness). Unless we expressly provide a written certification for a specific product configuration, we do not warrant that any Offering is certified or approved under any specific government program. Any formal compliance status depends on the applicable program, the final configuration, and required documentation and review.
16) THIRD-PARTY SERVICES & COMPONENTS
Offerings may interoperate with third-party services (e.g., mapping, storage, communications, identity providers) or include third-party components. We are not responsible for third-party services and they may be governed by separate terms.
17) SUSPENSION; TERMINATION
We may suspend or terminate your access to the Services immediately if:
- You violate these Terms
- Your use poses a security, safety, or legal risk
- Required by law, regulation, or government order
Upon termination, your license ends. We will provide a reasonable opportunity to export Customer Data where commercially feasible and legally permitted, unless doing so would create security or legal risk.
18) INDEMNIFICATION
18.1 You Indemnify Us
You will defend, indemnify, and hold harmless Gunning Industries and its affiliates, officers, employees, and agents from any claims, damages, liabilities, and expenses arising from:
- Your use of the Offerings (including operational deployment)
- Your violation of law or third-party rights
- Your Customer Data and how you collected/used it
- Your modification, weaponization, or unsafe configuration of the Hardware
18.2 We Indemnify You (IP) — Optional
[Optional: We will defend and indemnify you against third-party claims that the unmodified Offerings infringe a U.S. patent/copyright/trademark, with standard exclusions and remedies (replace/modify/refund).]
19) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.
- OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE OFFERINGS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE OFFERING GIVING RISE TO THE CLAIM DURING THE [12] MONTHS BEFORE THE EVENT, OR $[10,000], WHICHEVER IS GREATER.
Some jurisdictions do not allow certain limitations; in that case, liability is limited to the greatest extent permitted.
20) DISPUTE RESOLUTION; GOVERNING LAW
20.1 Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
20.2 Venue
Any dispute not subject to arbitration must be brought in state or federal courts located in Orange County, California, and you consent to personal jurisdiction there.
20.3 Arbitration — Optional Clause
Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration under AAA rules in Orange County, CA, with a class action waiver and limited discovery.
21) CHANGES TO THESE TERMS
We may update these Terms from time to time. Changes are effective when posted, unless otherwise stated. If changes materially reduce your rights, we will provide reasonable notice (e.g., via email or in-product notice). Your continued use after changes means you accept them.
22) MISCELLANEOUS
- Assignment: You may not assign these Terms without our written consent. We may assign to an affiliate or successor.
- Force Majeure: Neither party is liable for delays due to events beyond reasonable control.
- Severability: If a provision is unenforceable, the rest remains in effect.
- No Waiver: Failure to enforce is not a waiver.
- Entire Agreement: These Terms plus any order form/statement of work/warranty form the entire agreement for the Offerings, and supersede prior discussions. If there is a conflict, the order form controls for that transaction.
23) CONTACT
Questions about these Terms: legal@gunning.industries
Security reports: security@gunning.industries
Support: hi@gunning.industries
