End-User-License-Agreement (EULA)
Table of Contents
Last Updated: August 4, 2020
Thank you for your interest in using Wingtra software applications offered by Wingtra AG ( “Wingtra”), a company duly incorporated in Zürich, Switzerland. In the following, the software applications WingtraPilot (ground control application) and WingtraHub (desktop data management application) are referred to collectively as “Wingtra Software”. Please read the following terms and conditions carefully. By clicking “Accept” or by using the Wingtra Software or any of the products, software, data or services provided to you through the Wingtra Software (together with Wingtra Software, the “Service” ), you acknowledge that you have read, understood, and agreed to be bound by the following terms and conditions (together, the “Terms”). If you are not eligible or do not agree to any of the Terms, then you may not use the Service.
Wingtra provides unmanned aerial vehicles (UAVs) and the firmware contained therein, software for flight planning and data pre- and post-processing and analysis, as well as related physical products (collectively, “Wingtra Hardware” ), for surveying.
You acknowledge and agree as provided in further detail in these terms that:
- Wingtra Software is licensed, not sold to you, and that you may use the Service only as set forth in these Terms;
- You consent to the collection and use of your personal data and information in accordance with the Wingtra Privacy Policy;
- The Service is provided “as is” without warranties of any kind and Wingtra™s liability to you is limited to the extent permitted by law;
Wingtra Software and Service Overview
You may use Wingtra Software to control Wingtra Hardware in flight. You may also use Wingtra Software to plan flight paths, to process flight data and aerial images, to upload images taken by cameras on certain Wingtra Hardware to web-based hosting platforms and to perform other related services.
Eligibility
You must be at least 18 years of age to use the Service, including Wingtra Software. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
Accounts and Registration
To access certain features of the Service available through Wingtra Software, you must register for a Wingtra account. When you register for a Wingtra account, you will be required to provide us with some information about yourself, such as your name, email address and company name. You represent and warrant that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your Wingtra account and password, and you accept responsibility for all activities that occur under your Wingtra account.
Using Wingtra Software to Operate Wingtra Hardware
Your Obligations
You are responsible for obtaining and maintaining all hardware and other communications equipment (including Wingtra Hardware) needed to access or use the Services. You agree that: (a) you will use each Wingtra Hardware only in conformity with the applicable Wingtra user manual and safety guidelines available under support.wingtra.com; (b) you will use and maintain with due care, and will not deface, modify, use or operate any Wingtra Hardware in any illegal manner or for any illegal purpose in violation of any applicable international, federal, state, or local law or regulation that might be applicable; (c) you will not (and will not permit others to) remove, deface, or otherwise obstruct any regulatory or certification markers affixed to Wingtra Hardware; and (d) each Wingtra Hardware item will only be repaired subject to Wingtra’s express written authorization and in accordance with Wingtra’s instructions and requirements.When using Wingtra Software to operate Wingtra Hardware, you agree to abide by all relevant statutes, rules, and regulations set forth by government, law enforcement, and regulatory agencies, including without limitation and as applicable the International Civil Aviation Organization (ICAO) and the Federal Aviation Administration (FAA). You agree to comply with all flight limitations, which may include height limits, distance limits, visual line of site, and No-Fly Zones. You agree that it is your responsibility to check with local authorities to confirm that your proposed flight path and plan conform with applicable laws and regulations and that your receipt and use of any Flight Environment Data (as defined below) does not relinquish this independent obligation. Before operating Wingtra Hardware using Wingtra Software, you agree that you understand the nature of your flight operation (e.g. for public use, or for commercial use) and you further agree to obtain all required approval and clearance from the related government agencies before flight. You should consult with your local regulators for comprehensive definitions and specific requirements. For specific countries Wingtra may stipulate further rules and regulations which will be highlighted to you in an appropriate manner. When using Wingtra Software to operate Wingtra Hardware, you acknowledge and agree that you are solely responsible for ensuring that your use of the Wingtra Hardware is conducted safely and in accordance with all local laws and regulations.By using Wingtra Software, and by entering into these Terms, you represent and warrant that your use of Wingtra Software complies and will comply with all applicable laws, statutes, and regulations, and that you will not use Wingtra Software except as expressly permitted under these Terms.
Flight Environment Data
Wingtra Software may include features that provide you with certain airspace and geographical data, including but not limited to the location of airports, restricted airspace, prohibited airspace, temporary flight restriction areas, power plants, stadiums and prisons, which are sometimes referred to by Wingtra as geofencing information, No Fly Zones or the Geospatial Environment Online (GEO) system (collectively, “Flight Environment Data”). Flight Environment Data is provided to you by Wingtra and its airspace information provider as a courtesy to you and for your informational purposes only – YOU MUST NOT RELY ON THE FLIGHT ENVIRONMENT DATA. You agree to consult and rely only upon official sources of aviation, agency, governmental and other aeronautical and geospatial information other than the Flight Environment Data in connection with your operation of any Wingtra Hardware. The fact that Wingtra’s Flight Environment Data may not report a flight restriction in your intended operating area does not guarantee that your flight is safe or that it is legal to operate Wingtra Hardware in that location. Please note that Flight Environment Data may include information from aviation authorities, municipalities, or other publicly available sources, and any manned airspace information contained in the Flight Environment Data is typically updated at industry-standard twenty-eight (28) day intervals. If you choose not to operate your Wingtra Hardware using a device that maintains a live internet data connection, you will not receive the latest Flight Environment Data that Wingtra may be able to provide to you.You agree that you are solely responsible for the safety of your flight operation, including but not limited to obtaining any required governmental authorizations and maintaining a safe distance from manned and unmanned aircraft traffic, structures, vehicles, ground hazards, infrastructure, emergency personnel and people on the ground, and exercising reasonable judgment when evaluating whether or not it is safe to operate Wingtra Hardware at a given time or place.Wingtra is under no obligation to restrict you from flying your Wingtra Hardware in areas that pose safety or security concerns. In some instances, however, Wingtra may limit or disable the operation of the Wingtra Hardware in locations that raise safety or security concerns and these locations may change with or without notice when Wingtra determines that a location raises a safety or security concern.
Account Verification
Wingtra may enable you to “verify” your Wingtra account. Wingtra may grant users with verified accounts access to certain functions and features of the Service, including the ability to self-authorize or “unlock” flight operations in locations that are categorized by Wingtra’s Geospatial Environment Online system as raising safety or security issues.Wingtra may verify your account by reviewing the validity of a personal credential, such as a payment card or mobile phone number. If you provide Wingtra with your mobile phone number, you expressly authorize Wingtra, or their agents to transmit to you one or more text message numeric codes for the purpose of accomplishing the verification process. Your standard text messaging rates will apply. By providing Wingtra with credit card or debit card information, you expressly authorize Wingtra, or their agents to contact your card issuer to confirm that the card number you provide is currently valid. By providing credential information to Wingtra, you agree that Wingtra may retain credential information and provide such information, as well as your user login ID or email address, to government authorities, law enforcement agencies, regulatory agencies and other duly authorized parties as may be required by or permitted under applicable laws. By using a verified account to unlock or self-authorize flight operations in locations that are categorized by Wingtra’s Geospatial Environment Online system as raising safety or security issues, you are authorizing Wingtra to disclose information about that decision to government authorities if Wingtra is required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a court order, judicial or other government subpoena, warrant or request, or to otherwise cooperate with law enforcement or other governmental agencies. Account verification may expire and renewal is required at intervals determined by Wingtra and subject to change at Wingtra’s sole discretion. Wingtra reserves the right to revoke account verification at its own discretion, for any or no reason.
Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
- interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- perform any fraudulent activity in connection with your obtaining or using the Services, including impersonating any person or entity, claiming a false affiliation, accessing any other Wingtra account without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9) or any Flight Environment Data, or any right or ability to view, access, or use any Materials or any Flight Environment Data;
- attempt to do any of the acts described in this Section, or assist or permit any person in engaging in any of the acts described in this Section 5.
Termination of Use; Discontinuation and Modification of the Service
If you violate any provision of these Terms, your permission from us to use the Service, including Wingtra Software, will terminate automatically. In addition, Wingtra may in its sole discretion terminate your Wingtra account or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service or features of the Service at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. Without limiting the foregoing, you understand and agree that in any termination or suspension of your account or the Service, you will not have access to any data or content recorded using the Service or otherwise contained in the Service, and we will have no responsibility to provide you access to such data or content. You may terminate your Wingtra account at any time by contacting customer service at support@wingtra.com.
Privacy Policy
Please read our Privacy Policy available under wingtra.com/privacy-policy carefully. The Privacy Policy deals with the information relating to our collection, use, storage and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Warranty
Note that the Hardware warranties under wingtra.com/warranty and the user manual (incl. safety guidelines), as linked into and available under wingtra.com/support, are valid as an integral part of these Terms, and are made part of these Terms by this reference.
Modification of these Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modified Terms of Use are effective upon its publication. If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective. By continuing using the Service, you agree to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the modified Terms, you must immediately cease your use of the Service. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Ownership; Proprietary Rights
The Service is owned and operated by Wingtra. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ( “Materials”) provided by Wingtra are protected by intellectual property and other laws. All Materials contained in the Service are the property of Wingtra or our third-party licensors. Except as expressly authorized by Wingtra, you may not make use of the Materials. Wingtra reserves all rights to the Materials not granted expressly in these Terms.
Indemnity
You are responsible for your use of the Service. You will defend and indemnify Wingtra and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Wingtra Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property or privacy right; or (d) any dispute or issue 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 indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Disclaimers; No Warranties.
IF NOT STATED OTHERWISE IN THE HARDWARE WARRANTY (wingtra.com/warranty), THE SERVICE AND ALL MATERIALS, FLIGHT ENVIRONMENT DATA, AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WINGTRA ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS, FLIGHT ENVIRONMENT DATA, AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE WINGTRA ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE WINGTRA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND ANY MATERIALS, FLIGHT ENVIRONMENT DATA, OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR WINGTRA HARDWARE USED IN CONNECTION WITH THE SERVICE) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE WINGTRA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY WINGTRA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Governing Law
These Terms are governed by the laws of Switzerland without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Wingtra agree to submit to the personal and exclusive jurisdiction of the courts located in Zurich, Switzerland, for the purpose of litigating any dispute.
General
You agree that the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Wingtra, either specific or general, in jurisdictions other than Switzerland. These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and Wingtra regarding your use of the Service. Wingtra reserves the right to amend, adjust, supplement or remove its Terms at any time. The current version of the Terms shall be published under wingtra.com/eula or elsewhere. Amendments of the Terms shall be announced to you by e-mail or by means of a system message on Wingtra Software, together with the request either to accept the amended Terms with effect for the future or to reject these. If you fail to respond, this shall be deemed to constitute an approval of the amended GTC. A rejection shall trigger the immediate termination of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Section 5, 7, 9, 10-14, the Privacy Policy and any other accompanying agreements, will survive.
Contact Information
The Service is offered by Wingtra AG, with offices in Zug and Zurich, Switzerland. You may contact us by sending correspondence to that address or by emailing us at support@wingtra.com.