Table of Contents
Last Updated: February 19, 2024
Thank you for your interest in using Wingtra software applications offered by Wingtra AG (“Wingtra”), a company duly incorporated in Zürich, Switzerland. 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.
This End User License Agreement (these “Terms”) contains the terms and conditions governing use of Wingtra’s software applications WingtraPilot, a ground control application, WingtraHub, desktop data management application, and any software or firmware installed on any Wingtra Hardware (collectively, and as updated and enhanced from time to time, the “Wingtra Software”). Please read these Terms carefully as they constitute a legally binding contract between Wingtra and you. You must accept these Terms as a condition to downloading, installing, or using the Wingtra Software. If you do not accept these Terms, do not download, install, or use any of the Wingtra Software. By clicking “Accept” or by using the Wingtra Software or any of the products, software, data, or services provided to you through, or operated by, the Wingtra Software, including Wingtra Hardware (collectively, the “Service”), you acknowledge that you have read, understood, and agreed to be bound by these Terms.
Wingtra Software Customer and Authorized Users
When we refer to “you” in these Terms we are referring to either (a) an individual with a registered Wingtra account in their name, with use limited to such individual, or (b) a legal entity that has purchased Wingtra Hardware and obtains a Wingtra Software license for its Authorized Users (an “Entity Customer”) to access and use the Service with one or more registered accounts in the legal entity’s name. “Authorized Users” means an Entity Customer’s employees, consultants, contractors, and agents (a) who are authorized by the Entity Customer to access and use the Service under the rights granted to the Entity Customer pursuant to the contract under which it obtained the Wingtra Hardware and (b) for whom access to the Service has been purchased thereunder.
- If you are an individual and registered using your personal email, you and you alone are entitled to the rights and responsible for the obligations under these Terms.
- If you are an individual and acting on behalf of an Entity Customer that has purchased or leased any Wingtra hardware (such as your employer, for example, using your employer’s email domain), you hereby represent and warrant that you have obtained any necessary permissions from such Entity Customer and that you have the authority to bind such Entity Customer to these Terms, and agree on such Entity Customer’s behalf that the access to and use of the Service will not violate any internal policies of such Entity Customer. In such case, “you,” and “your” will refer to the Entity Customer for purposes of these Terms.
- If you are an Entity Customer obtaining one or more licenses for your Authorized Users, you may determine the Authorized Users of the Service and manage permissions, data use, retention, and export policies. Accordingly, you are solely responsible for (a) informing Authorized Users of all policies and practices relevant to their use of the Service and of any settings that may impact the processing of your data and (b) ensuring the collection, transfer, and processing of your data with the Service is lawful. If any terms in the Industry-Specific Supplemental Terms (“Industry-Specific Terms”) apply to you (e.g. you are a United States government entity), those terms are also incorporated by reference herein and you agree to fully comply with the applicable Industry-Specific Terms. To the extent any such Industry-Specific Terms conflict with the terms below, the Industry-Specific Terms shall take precedence.
- If you are an Authorized User registered using an Entity Customer’s email domain and the Wingtra Hardware was obtained and is controlled by such Entity Customer, you acknowledge that use of the Service is controlled by the Entity Customer, the Entity Customer is Wingtra’s customer and therefore entitled to all rights and responsible for all obligations under these Terms and the contract under which it obtained any Wingtra Hardware, and the Entity Customer may change or remove any Authorized User’s access to and use of the Service, or the data generated by use of the Service, in the Entity Customer’s discretion.
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. If you obtained any Wingtra Hardware or any license to Wingtra Software from a third party, including a Wingtra-authorized reseller, (a “Reseller”), you are advised that these Terms govern your use of the Wingtra Software and Service and any terms in your agreement with the Reseller that are inconsistent or contravene the provisions in these Terms shall not apply, and are superseded by these Terms. You acknowledge and agree that any contract between you and a Reseller represents a your agreement with the Reseller and may only grant rights, and must pass through conditions, consistent with these Terms, and any license rights given to you pursuant to a separate agreement with the Reseller that are greater than the license rights in this EULA shall not apply.
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.
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, if applicable, Entity Customer 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
You are responsible for obtaining and maintaining all hardware and other communications equipment (including Wingtra Hardware) needed to access or use the Service. 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 judgement 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.
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 and/or our 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.
You agree not to, and to not permit any Authorized Users 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 Service, 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 the Ownership; Proprietary Rights section) or any Flight Environment Data, or any right or ability to view, access, or use any Materials or any Flight Environment Data; or
- 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 Prohibited Conduct Section.
Termination of Use; Discontinuation and Modification of the Service
If you violate any provision of these Terms, your permission 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. Any such termination does not affect Wingtra’s legal and equitable rights, or limit its recovery, with respect to any action or omission by you. 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 email@example.com.
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 an integral part of these Terms, and are made part of these Terms by this reference.
Modification of these Terms
We reserve the right, in our discretion, to change these Terms from time to time. Please check these Terms periodically for changes. Modifications of these Terms 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.
The Wingtra Software, including without limitation all visual interfaces, graphics, design, compilations, information, data, computer code (including source code and object code), and related products, documentation, services, and all other elements of the Service (collectively, the “Materials”) provided or made available by Wingtra are owned by Wingtra and our third-party licensors. Subject to these Terms, Wingtra hereby grants you a nontransferable, nonexclusive license right to access and use the Wingtra Software and Service in accordance with these Terms, and to permit Authorized Users to access and use the Wingtra Software and Service in accordance with these Terms, until the termination of these Terms. Except for this license, Wingtra retains all rights, title and interests in the Wingtra Software and Service. This license enables you and each Authorized User to use the Wingtra Software and Service solely with the Wingtra Hardware obtained separately by you.
You are responsible for ensuring all Authorized Users comply with these Terms. We may review conduct for compliance purposes, but we have no obligation to do so. Wingtra is not responsible for the way you or your Authorized Users choose to use the Wingtra Software or Service.
You are responsible for your use of the Service. You will defend and indemnify Wingtra, its affiliates, dealers, licensors and its and their respective officers, directors, managers, employees, consultants, agents, successors, and assigns (collectively, 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.
Limited Warranty; Disclaimers; Limitations
EXCEPT AS SPECIFICALLY PROVIDED IN THE HARDWARE WARRANTY (wingtra.com/warranty), THE WINGTRA SOFTWARE, SERVICE AND ALL MATERIALS, FLIGHT ENVIRONMENT DATA, AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND 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 ANY WINGTRA PERSONNEL, WINGTRA HARDWARE DEALER OR OTHER PARTY, OR ANY CONTENT PROVIDED OR OBTAINED THROUGH THE SERVICE OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, OR OTHERWISE WILL CREATE ANY WARRANTY REGARDING ANY OF THE WINGTRA ENTITIES OR THE SERVICE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND ANY CONCLUSIONS, ACTIONS, OR OMISSIONS YOU ELECT TO MAKE OR NOT MAKE FROM THE MATERIALS, FLIGHT ENVIRONMENT DATA, OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS 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 PRODUCTS OR SERVICES, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
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, COVER, 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 SUCH DAMAGE. THE MAXIMUM AGGREGATE LIABILITY OF THE WINGTRA ENTITIES IN ALL CIRCUMSTANCES SHALL NOT EXCEED THE SPECIFIC REMEDY PROVIDED BY THE HARDWARE WARRANTY.
THE FOREGOING DISCLAIMERS AND LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOU AGREE THAT THE DISCLIAMERS AND LIMITATIONS SET FORTH IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND THAT WINGTRA WOULD NOT ENTER INTO THESE TERMS WITHOUT SUCH LIMITATIONS OF LIABILITY.
These Terms are governed by the laws of Switzerland without regard to conflict of law principles and excluding the United Nations Convention on the International Sale of Goods. 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.
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. You may not assign or transfer these Terms or your rights or obligations under these Terms by operation of law or otherwise, without our prior written consent. We may assign Wingtra’s rights under 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 your account or right to use the Service, all provisions of these Terms designed to survive such termination shall survive.
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 firstname.lastname@example.org.