GENERAL TERMS AND CONDITIONS OF BUSINESS (“GTC”)
18th of December 2021
The German version of this document will govern our relationship – this translated version is provided for convenience only and will not be interpreted to modify the German version. For the German version, please see the FlyNex General Terms and Conditions page (“GTC”).
Parties to the contract
- These General Terms and Conditions of Business form the basis of the user contract being formed between the user and FlyNex GmbH (hereinafter referred to as „FlyNex“) in relation to the products and services of FlyNex GmbH. FlyNex offers the use of the websites www.flynex.de, www.flynex.io and www.map2fly.de and the services available on these websites or other specified resources of FlyNex.
- Users can only be legal entities or natural persons who are not limited in their business ability.
Description of the services
- FlyNex gives users access to numerous resources including application tools, data and information, 3rd party providers and up- and download sections (hereinafter referred to as „services“). These services including updates, improvements, new features and/ or later added websites are subject of this General Terms and Conditions.
- FlyNex offers users free and paid services.
- As far as the user generates standalone data or contents by using FlyNex‘ services and/ or downloads, he is free in the context of this General Terms and Conditions to use such data or contents. In particular he can make accessible them in physical or digital mode to third parties. FlyNex is not responsible or liable for correctness and/ or validity for generated data and/ or contents by using FlyNex’ services and/ or downloads.
Registration and conclusion of contract
- For using specific services or downloads a registration is necessary. The need for registration is shown to the user for the specific services or downloads on the particular website or other websites that are operated by FlyNex except for other websites and that are subject to this General Terms and Conditions.
- In case of free of charge services and/ or downloads just a non-commercial use is allowed. In particular commercial use of free of charge services and/ or downloads is subject to a separate license contract that has to be closed between the user and FlyNex.
- Insofar the user passes on contents from services to third parties outside the services of FlyNex, this must happen exclusively under Creative Commons License “by-nc-nd” (mention of name – non-commercial – no editing).
- With using free of charge services or downloads a contractual relationship between the user and FlyNex starts that underlies this General Terms and Conditions. The user cancels the contractual relationship immediately with ending the usage. FlyNex renounces a declaration of termination of the contractual relationship. If the user registers for a free service, FlyNex will provide the user with the corresponding service free of charge either until the expiration of a free trial period (unless terminated earlier) or until the start date of your paid service, whichever comes first. Unless the user purchases a paid service, all of the users data may be deleted in accordance with clause 6.4. and furthermore irrevocably.
- Usages of chargeable services or downloads require a registration and the consent with the conditions regarding payment transaction of the payment provider “Stripe” like mentioned in section 5.2. Booking of chargeable services or downloads is like follows: A contract between the user and FlyNex results, when the user at the end of the ordering process clicks a button from which a conclusion of a contract and a purchase transaction with cost results (book chargeable). Before conclusion of contract the user has the possibility to validate his entered data and to change them. FlyNex stores the details of the contract that the user purchases on the relevant website by clicking on the button to conclude the contract. The conditions are shown in a summary after the ordering process and is sent to the user by email. Content of the contract can be seen in the user account if the user is logged in. FlyNex offers different subscriptions and licenses like described on the corresponding FlyNex website. To contracts that are closed this way this General Terms and Conditions are applicable. FlyNex offers various subscriptions and usage-based license model packages for the aforementioned types of contract conclusion, as described in more detail on the relevant FlyNex website. These General Terms and Conditions of Business are applicable to these contracts concluded in this way.
- Offline services, that means service that are not explicitly offered via a FlyNex website, underlie specific contractual regulations. If a user wants specific services, this is to negotiate in individual contracts. Requests can be hand over not binding to FlyNex via contact forms on the websites.
Bereitstellung von Diensten durch FlyNex
- FlyNex offers users of the services and/or downloads the purchase of usage rights (“license certificates”) for which a fee is charged. The purchase of a license certificate entitles the user to access the data, tools and storage capacities provided within the scope of these services and/or downloads. Access to and use of paid services and/or downloads without a license certificate is not permitted. If discounts or rebates are granted for the purchase of chargeable usage rights, these shall in each case relate exclusively to the first billing period.
- The paid services are available 24 hours a day, seven days a week with an availability of 99 % on an annual average. Excluded from this are downtimes due to maintenance and software updates as well as times in which the service cannot be accessed via the Internet due to technical or other problems that are beyond the control of FlyNex (force majeure, fault of third parties, etc.). In order to be able to use the services of FlyNex to the full extent, the user must use the latest (browser) technologies or enable their use on his computer (e.g. activation of Java script, cookies, pop-ups). If older or not commonly used technologies are used, the user may only be able to use FlyNex’s services to a limited extent. In the event that FlyNex services cannot be provided, even temporarily, the user shall not be entitled to any compensation. As far as the use of services that are not subject to a charge or test versions (referred to as “BETA version” to the user before the start of use) is concerned, FlyNex does not guarantee availability. When using the services via mobile devices, the user may incur additional connection costs on the part of his mobile phone provider; these costs are borne exclusively by the user.
Terms and Conditions of Payment
- The user is obligated to pay the remuneration for FlyNex shown in the license certificate in accordance with the payment terms listed therein and to keep his payment data (contact data, billing data) up to date at all times for this purpose. The respective current payment amount results from the respective booked subscription. FlyNex provides a monthly or annual payment method, depending on the subscription, in each case in advance.
- The user may place further orders in the course of using the Services. The GTC mentioned here shall apply to all further orders. The payment amount remains unchanged during the term of use of a paid service, unless the user changes the underlying parameters, in particular the number of managed objects, users, upgrades in the area of storage or additional functions as seen on the pages of FlyNex. This change can be made by the user by placing an additional order or activating additional features and scopes of services in his account.
- In case of renewal of the user’s subscription, FlyNex may increase the fees to the current list prices, which is set forth in the overview of products and services. If the user is affected by a fee increase, FlyNex will notify the user at least thirty (30) days prior to the date of renewal and the increase will apply from the beginning of the next renewal period. If the user does not agree to such fee increase, either party may terminate the subscription at the end of your then-current subscription term, upon notice to the other party.
- In order to fulfill the contract, FlyNex transmits the user data for chargeable products to the payment service provider “Stripe” commissioned by FlyNex using SSL encryption:
354 Oyster Point Boulevard
South San Francisco, California
- FlyNex and the user agree that the payment will be made exclusively via the payment service “Stripe” and its terms. By providing the sole payment option via “Stripe”, no credit card data will be stored by FlyNex. The entire payment process takes place through and on the technical platform of the payment service provider “Stripe”. FlyNex will only receive proof of “Payment Card Industry Data Security Standard (PCI DSS)” from the payment service provider “Stripe”. The user has to agree to these payment terms of the third party provider “Stripe” as a condition for the binding booking of chargeable services and/or downloads. In the event that the user is not already registered with the payment service “Stripe” or is a customer there, the user undertakes, as a condition precedent for the granting of the rights of use in accordance with the above clause 4, to ensure without culpable hesitation that his payments are made via this. To the terms and conditions currently provided by “Stripe”,
– the General Terms and Conditions, which are available at https://stripe.com/de/ssa, and
All payment details are provided exclusively by the user via “Stripe”. The user has the option to pay e.g. by direct debit or by credit card. The credit card or bank account will be debited after the order has been completed. If a payment by direct debit is cancelled via chargeback, FlyNex will issue a claim to the user in the amount of the invoice total, plus the costs incurred for the chargeback, as well as a processing fee. FlyNex is entitled to invoice its services electronically, especially to send invoices by e-mail.
- The user assures not to use the services in an abusive or illegal manner, in particular:
– not to upload immoral, obscene, pornographic or politically or religiously radical content to the servers provided by FlyNex;
– not to upload data or programs that contain a virus (infected software), are malware or similar;
– not to use the Website and the Services in a way that adversely affects their availability to other users;
– if the user is a consumer, not to use the services for commercial purposes contrary to § 13 of the German Civil Code (BGB);
– not to violate any other statutory provisions or the rights of third parties, in particular industrial property rights (e.g. copyrights and trademark rights) or to process confidential data without permission; with regard to the latter, this shall not apply if the user has the rights thereto or has obtained the necessary consent;
– Usage of the Service in a manner that violates national or international laws and regulations or the terms and conditions of this Agreement.
- Failure to comply with one of the behavioral obligations mentioned in clause 5.6 may – after prior opportunity to comment and/or warning – lead to a measure according to clause 6.2 below. In addition, FlyNex is entitled to extraordinary termination. The user is liable to FlyNex for damages in case of a culpable violation of the contractual obligations.
- The user is obligated to back up his data and data sets stored on the servers provided by FlyNex in an appropriate form at appropriate intervals. The user is obliged to take all reasonable measures to prevent unauthorized access to the services by third parties.
- If the user has registered for the testing of BETA versions, the User will endeavor to provide FlyNex with reasonable feedback on the scope and experience of use of FlyNex; however, the user is not obligated to do so.
Cancellation / Termination / Blocking
- The user has the right to terminate the contract in accordance with these terms and conditions. If the user, who is a consumer pursuant to Section 13 of the German Civil Code (BGB), does not terminate the contract 14 days prior to the expiry of the contract term, the contract shall be extended by the duration of the subscription concluded. If the user, who is an entrepreneur according to § 14 BGB, does not terminate the contract 14 days before the expiry of the contract term, the contract shall be extended by the duration of the initial term. Cancellation declarations have to be made in text form by email to email@example.com or in writing to the address given in the imprint. FlyNex has the right to terminate the contract with a notice period of 14 days in case of monthly renewal and 2 months in case of annual renewal before the end of the contract period.
- If the user fails to pay within (i) two consecutive payment periods in case of monthly payment, or (ii) a total of three monthly payments within six months, or (iii) in case of payment by opting for annual payment within 3 months despite reminder and threat of termination, FlyNex reserves the right to block the services until full payment of the outstanding amounts plus costs and interest. Due to the blocking, the user will not have access to the chargeable services selected by him during the blocking period. Furthermore, in such cases FlyNex has the right of extraordinary termination. Furthermore, FlyNex is entitled to claim return debit note fees or comparable costs.
- The right to terminate without notice for good cause remains unaffected. FlyNex may in particular terminate the contract without notice if:
– the user intentionally provides incorrect information,
– the user has provided incorrect or incomplete information during registration, or
– the user repeatedly violates other contractual obligations and does not cease the violation even after being requested to do so by FlyNex.
As far as FlyNex has terminated the contract, the user has no right to set up a new account, not even under a different name or designation.
- In case of termination or other termination of the contract, FlyNex will stop providing the services at the termination date. The user is obligated to retrieve and/or backup his data stored on server capacities provided by FlyNex within seven days thereafter. If the user fails to retrieve and/or backup his data within this period, FlyNex is entitled to provide the one-time retrieval or backup only for an appropriate fee upon the user’s request. A final deletion of the data will take place 90 days after the termination date. If the user is entitled to a payment at the time of termination, the payment will be refunded using the same means of payment that the user specified when purchasing the license certificate.
- FlyNex shall not be liable for the legality of the operation of unmanned aerial vehicles or unmanned aerial systems using the Services provided; the user remains solely responsible for all acts and omissions in connection with the ascent, operation/flight and landing of such systems. Further, FlyNex is not responsible for the proper obtaining and/or issuance of any governmental or other permits, whether or not applied for by means of FlyNex’s Services. FlyNex only provides online data, information and tools; their use and application is the responsibility of the user. Furthermore, FlyNex is not liable for any damages caused due to the operation of drones.
- In the case of services used for a fee, the following applies: In the case of simple negligence, FlyNex is only liable for the violation of cardinal obligations. A cardinal obligation is an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contracting party may regularly rely. In these cases the liability of FlyNex is limited to the typically foreseeable damage. For cases of simple negligent breach of such obligations, which are not cardinal obligations, the liability of FlyNex is excluded.
- In the case of services that are not used for a fee, the following applies: liability is excluded to the extent permitted by law.
- In case of BETA-versions the following applies: As far as FlyNex provides the user with test versions as BETA-versions, this is a courtesy relationship.
- Exception: The above limitations of liability do not apply in the case of intentional or grossly negligent acts by FlyNex or in the case of culpable injury to life, body or health.
Modification of General Terms and Conditions of Business
- FlyNex can change the GTC with a notice period of one month, if no main service obligations and other regulations crucial for the user (e.g. the notice period) are changed to the disadvantage of the user and the changes are reasonable for the user. The user will be notified of a change in writing or by e-mail and if the user does not object in writing or by e-mail within one month, the change will become part of the contract with FlyNex, provided that FlyNex has expressly pointed out this consequence. To the extent that a change affects the current contractual relationship, the following also applies: FlyNex will inform the user about it, and give him the possibility to terminate the contract extraordinarily at least 30 days before the change takes effect. FlyNex will also inform the user that the change will come into effect unless the contract is terminated. If the user objects to the change, FlyNex, for its part, reserves the right to terminate the contract. Usage of services by the user concluded at that time remains unaffected.
- These GTC as well as the relationship between FlyNex and the user shall be governed exclusively by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the user is a consumer, this does not result in the loss of protection by mandatory legal provisions of the state in which the user has his habitual residence.
- Exclusive place of jurisdiction is, as far as permissible, Leipzig (Germany).
- The user grants FlyNex the right to add the Customer’s name and company logo to FlyNex’s customer list and websites. The user may object to this use by sending a message to firstname.lastname@example.org.
- FlyNex is not responsible for any delay in performance or non-performance due to: acts of war, hostilities or acts of sabotage, acts of God, power , internet or telecommunication outages not caused by the obligated party, governmental requirements, epidemics, natural disasters or extreme natural events, general labor unrest or other events reasonably beyond FlyNex’s control. FlyNex will take all reasonable steps to mitigate the effects of events attributable to Force Majeure.
- User may not assign or transfer this Agreement without FlyNex’s prior written consent, except in the event of a merger, reorganization or sale of all or substantially all of its assets, a change of control, or by operation of law, provided, however, that the assignee shall not be a competitor of our company. FlyNex may assign this Agreement to any affiliate of FlyNex or upon a merger, reorganization, sale of all or substantially all of its assets, change of control, or by operation of law.
- If any provision of these GTC is invalid or unenforceable in whole or in part or subsequently loses its validity or enforceability or if a loophole is found, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision or in order to fill the loophole, the parties undertake to agree on an appropriate provision which, insofar as is legally permissible, comes as close as possible to what the parties intended or would have intended in accordance with the meaning and purpose of the contract if they had known of the invalidity or loophole. If the invalidity or impracticability of a provision is based on a measure of performance or time (deadline or date) stipulated therein, the legally permissible measure closest to the provision shall be agreed.
Cancellation Policy (for consumers according to § 13 BGB German Civil Code)
- Right of Revocation
You have the right to cancel this contract within 30 days without giving any reason. The withdrawal period is 30 days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform
Spinnereistraße 7, Halle 14
04179 Leipzig (Germany)
Phone: +49 (0) 341 331 760
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the model withdrawal form available at www.flynex.io/content/FlyNex_Musterwiderruf_DE.pdf, which is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
- Consequences of the RevocationIf you withdraw from this contract, FlyNex must refund to you all payments that FlyNex has received from you without undue delay and at the latest within 14 days from the day on which FlyNex received the notification of your withdrawal from this contract. For this repayment, FlyNex will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.If you have requested that the services begin during the withdrawal period, you shall pay FlyNex a reasonable amount corresponding to the proportion of the services already provided up to the time you notify FlyNex of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.End of Cancellation Policy
- If, in the event of an effective revocation, data and data records have already been uploaded or stored by the user on the server provided by FlyNex, section 6.4 shall apply accordingly.
- Right of Revocation