Drone Harmony Terms of Use

Last updated on 26.04.2023

These Terms of Use (the “Terms”) outline the rights and obligations between Drone Harmony AG, Sonnentalstrasse 8, 8600 Dübendorf, Switzerland (“DH”, “we” or “us”) and individuals or entities who are any of the following (“you”):

(a) visitors of our website (the “Website”) (“Website Visitors”);
(b) licensees of the Drone Harmony software or other services we offer (the “Services”) (“Customers”);
(c) users of our Services (“Users”).

Please read this document carefully. By using the Website and/or the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them, either on behalf of yourself or of the legal entity you represent. You may not use the Website or the Services if you do not agree with all of these Terms.

By agreeing to these Terms, you warrant and represent:

(a) that you are at least 18 years old and capable of sound judgment;
(b) that your use of the Website and the Services complies with all applicable laws and regulations;
(c) if you use the Website or the Services on behalf of another person or entity, that you are eligible to bind the other person or entity to these Terms; and
(d) that you have not previously been suspended or removed from using any product or service provided by DH.

Our Services provide mission planning and ground control functionalities for unmanned aerial vehicles (“UAVs”) manufactured by third parties. You understand and agree that the UAVs and related hardware and any other physical products used in conjunction with the Services are not part of the Services and that we assume no responsibility or duties whatsoever with respect to any third-party product or service.

1 Contract for the Use of the Services

1.1 Conclusion of Contract

The contract between you and us with regard to the use of our Services (the “Contract”), of which these Terms form an integral part, is concluded by:

(a) you registering an account and us receiving and confirming your registration; or
(b) you accepting a separate offer (“Offer”) we communicate directly to you.

These Terms also apply to free Services. If no explicit agreement has been concluded, you agree to the Terms by starting to use the Services.

1.2. License

Our Services are offered in different free or paid license models (see our Website for more details). We may offer new license models and discontinue existing ones at any time.

Subject to any restrictions stated in these Terms, and your compliance with these Terms, DH hereby grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services in connection with your UAV within the scope of the applicable license model at any given time.

All rights not explicitly granted in these Terms are reserved by DH.

Any open-source or third-party software integrated into the Services is provided in accordance with the open-source or third-party license.

1.3. Prices and Payment

The prices for our Services are shown on the Website or will be directly communicated to you in the Offer. Any pricing information featured on the Website or in any other promotional material is non-binding and does not constitute an offer to contract.

All prices are subject to any applicable value-added, sales or other taxes, duties or charges imposed on the sale of Services. Such taxes, duties and charges will be additionally charged to you. You are also responsible for any bank or other fees incurred in the payment of the Services. All amounts are to be paid in full without any set-off, deduction or withholding.

Depending on the Services you choose to purchase, billing will occur on a one-time, monthly or annual basis. As a rule, Services are billed in advance of the relevant licensing period. The Services are payable by credit card, are invoiced or are to be settled by any other means of payment we offer you.

For Services payable by credit card, the charge will be made at the time of the final selection of the Services.

Invoices are due within 30 days after receipt. After the expiration of the payment term, you are considered in default without the need of an overdue notice. We may charge interest on overdue payments at a rate of 5% per annum from the date of the invoice until we have received full payment of the amount due including all accrued interest. You agree to pay the collection costs (including legal fees) for any outstanding amounts.

We reserve the right to withhold our Services until payment has been received.

If our Contract renews automatically (see section 1.5 below), your account will be debited for the next term at the expiry of the current term. In the event that payment cannot be operated or is unsuccessful, your account will be deactivated. In such a case, you will not be able to use the Services until payment is operated, at which point your account will be reactivated.

There are no refunds or credits for early termination, downgrades, partial or non use of the Services and partial or non use of subscription periods.

1.4 Changes to the Services

To ensure that the Services remain up to date and effective, we reserve the right to expand, discontinue or change the functionalities of the Services or to substitute the current software with a successor at any time.

1.5 Term and Termination

In the case of paid Services, the term of our Contract corresponds to the license period agreed upon when registering or stated in the Offer. Unless otherwise agreed, the Contract will be automatically renewed for successive terms of the same length unless either party terminates it at least 24 hours before expiry of the current term.

We may terminate the Contract at any time and with immediate effect for good cause. Good cause includes, but is not limited to: (a) your violation of these Terms, (b) your use of the Services in a manner not in accordance with our Contract, (c) your violation of any applicable laws or regulations.

In the case of free Services, you can deactivate your account at any time, which is equivalent to you terminating the Contract. We may terminate a Contract regarding free Services at any time without replacement or compensation.

Upon termination of the Contract or if a material reason for termination is present, (i) any rights of use and other rights granted to you under our Contract are terminated, (ii) your account will be closed, and (ii) you agree to immediately pay all outstanding charges, fees and otherwise owed amounts.

The contents of your account will be deleted permanently after a backup period of 12 (twelve) months after the account was closed.

Sections 2-4 of these Terms will survive and remain in full force and effect despite termination of the Contract.

2. Ownership

2.1 Our Intellectual Property

Unless otherwise stated, the Website and the Services, including any related works (e.g., written documents, computer code, concepts, data, know-how, etc.) and all related intellectual property and other rights worldwide are owned by or licensed to DH.

Any improvement, development, modification or change of any kind of the Website or Services, including any related works created, produced, written, edited, modified, designed or implemented during the term of our contract by us with or without you or any third parties, as well as any related intellectual property and other rights worldwide will be our sole and exclusive property, without any claim for compensation by you or any third party that may be involved.

Without our prior written consent, you must not:

(a) reproduce, duplicate, copy, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit any portion of the Website or other Services;
(a) create derivative works of the Website or the Services;
(b) modify or alter the Website or the Services (including future versions) in any way other than through the configuration options we provide;
(c) reverse engineer, disassemble or decompile, or attempt to reverse engineer, disassemble or decompile the Website or the Services (including future versions), in whole or in part;
(d) remove, circumvent, disable, damage or otherwise interfere with security-related features that prevent or restrict use or copying of any portion of the Website or the Services or attempt to do so;
(e) remove or delete any copyright, trademark or other proprietary rights notices from any portion of the Website or the Services; or
(f) use our names, logos, product and service names, trademarks or services marks.

2.2 Intellectual Property Rights with Respect to your Content

The rights to any content transmitted to us or created through your use of the Website or the Services (including photos and other images, videos, flight plans, flight logs, flight scene environment and flight metadata) (the “Content”) remain with the respective entitled party.

While we do not claim ownership of any Content you transmit or create, you hereby grant us the right to use such Content if and to the extent necessary to provide you with and further develop our Website and Services.

You may choose to, or we may invite you, to submit comments, suggestions, or ideas about the Website or the Services, including on how to improve the Website and the Services (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. We may use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any compensation to you.

3. Rules for the Use of the Website and the Services

3.1 Using the Website and the Services Responsibly

You commit to refrain from:

(a) using the Website or Services for illegal, unfair or offensive purposes;
(b) taking any action likely to infringe our intellectual property rights or expose us to any liability or sanction,
(c) manipulating our Website, Services or infrastructure or taking any other action that may interfere with or damage the Services or the Website;
(d) publishing, making available, uploading, distributing or disseminating viruses, Trojan horses or other malicious code through the Website or Services;
(e) scraping the Website or Services by means of automated scripts;
(f) circumventing or attempting to circumvent any security measures or other technical limitations or restrictions of our Website or Services or attempting to gain unauthorized access to the Website, the Services or any connected networks.

You represent and warrant that:
(a) you are fully entitled to any Content you transmit to us or create through your use of the Website or the Services, and such Content does not violate any intellectual property or other rights of third parties;
(b) you comply with all applicable national or international laws and regulations for the use of the Website and the Services as well as any hardware or other software used in conjunction with the Website or the Services,
(c) during registration, you have provided us with accurate, complete, unambiguous and up-to-date information and, in particular, you have not used another person’s data with the intention of impersonating that person;
(d) you are the authorized person and signatory for the means of payment you specified during registration.

You will indemnify and protect DH against any loss, liability, claim or other demand resulting from your violation of any applicable laws or the rights of any third parties that might result from your use of the Website or the Services or from the Content transmitted to us or created through your use of the Website or Services.

3.2 Uploading Content in Particular

You acknowledge that you are solely responsible and assume all risks for any Content you transmit to us or create through your use of the Website or the Services. This includes in particular, but is not limited to, any videos, photos and other images uploaded to the Website or Services. If you choose to create, upload, share or in any way make publicly available any Content, you:

take full responsibility for the consequences of creating, uploading, sharing or making such Content publicly available, including for any violation of applicable laws (e.g. regarding data protection or national security) or the rights of any third parties (e.g. privacy rights or intellectual property rights);
agree to indemnify and protect DH against any loss, liability, claim or other demand from a third party that results from your creating, uploading, sharing or making Content publicly available;
agree that DH may (but is not obligated to) review, filter, edit, censor or control Content and block, remove, screen or edit Content which (at DH’s sole discretion) is inappropriate, inadequate, offensive, or violates these Terms or any applicable law or regulation.

3.3 Safe and Legal Operation of your UAV, Proper Use of Airspace Safety Data

You represent and warrant that you obtained all necessary licenses and authorizations for operating your UAV or any other hardware or complimentary software to be used in conjunction with the Website or the Services in the area in which you operate, and that you comply with all applicable laws regarding the safe and legal operation of UAVs.

The airspace safety data presented to you by our airspace safety data partners (Altitude Angel) is for the sole purpose of assisting you with your normal flight planning and familiarization activities. It may be used in conjunction with other pre-flight information sources needed to satisfy all generally expected safety and legal requirements in your territory and is not to be considered as a sole source of information to meet all pre-flight, en-route and post-flight activities.

You, as the pilot of your UAV, remain solely responsible for ensuring your flights are conducted safely and in compliance with applicable laws. You assume all risks for any incident of any kind involving your UAV, including a crash or collision of your UAV with other objects or persons, and you agree to indemnify and protect DH against any loss, liability, claim or other demand from a third party resulting in this regard.

3.4 Account Security

You are responsible for maintaining the confidentiality of your login information and other information related to your Account. You explicitly agree not to disclose your login information to any other person. The login information may only be used by the person to whom it is assigned.

You are responsible for all activities that occur under your Account, whether or not you have authorized them. Contact us as soon as possible if you suspect unauthorized use of your login information. We reserve the right to suspend access to all or part of the Services at our sole discretion if we suspect abuse of login information.

4. Warranty, Limitation of Liability, Indemnification

4.1 NO WARRANTY

THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND (EXPRESS OR IMPLIED) INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR USAGE FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SUITABILITY FOR A PARTICULAR CAUSE, QUALITY, TIMELINESS, RELIABILITY OR AVAILABILITY
DH EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE OR THE SERVICES WILL BE AVAILABLE UNINTERRUPTED OR ERROR-FREE, WITHOUT VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISK FOR DAMAGES THAT MAY OCCUR AS A RESULT OF USING THE WEBSITE OR THE SERVICES.
FURTHERMORE, YOU AGREE THAT YOU ARE USING THE WEBSITE AND THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY, DAMAGE TO THIRD-PARTY PROPERTY, VIOLATION OF LAWS, RULES OR REGULATIONS, LOSS OF DATA OR COMPROMISE OF YOUR OR THIRD-PARTY INFORMATION AND PRIVACY.
IN PARTICULAR, YOU AGREE AND ACKNOWLEDGE THAT THE WEBSITE AND THE SERVICES ARE PROVIDED WITHOUT KNOWLEDGE BY DH OF THE ACTUAL CIRCUMSTANCES AND CURRENT LOCAL CONDITIONS OF THE AREA WHERE YOUR UAV IS BEING OPERATED. ACCORDINGLY, PRIOR TO EACH LAUNCH OF YOUR UAV, YOU MUST CAREFULLY EXAMINE AND VERIFY ALL DATA AND SERVICES AGAINST ACTUAL CIRCUMSTANCES AND CURRENT LOCAL CONDITIONS OF THE AREA WHERE YOUR UAV IS BEING OPERATED. OPERATION OF YOUR UAV IN CONJUNCTION WITH THE SERVICES IS YOUR OWN RESPONSIBILITY.

4.2 LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DH OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, PARTNERS OR LICENSORS BE LIABLE FOR ANY DAMAGES, BE IT DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), IN CONNECTION WITH OR OTHERWISE RESULTING FROM ANY USE OF THE WEBSITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE.

IN PARTICULAR, DH WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF (I) YOUR USE OF OR RELIANCE ON THE WEBSITE OR THE SERVICES, INCLUDING ANY DAMAGES RESULTING FROM ANY KIND OF INCIDENT INVOLVING YOUR UAV SUCH AS (WITHOUT LIMITATION) A CRASH OR COLLISION OF YOUR UAV WITH OTHER OBJECTS OR PERSONS, OR (II) YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR THE SERVICES. LIKEWISE, DH SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DH’S REASONABLE CONTROL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, DH’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

4.3 INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DH, ITS OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES, (II) YOUR VIOLATION OF THESE TERMS, (III) DH’S USE OF YOUR CONTENT, (IV) THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR (V) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF SUCH CLAIMS. YOU AGREE NOT TO SETTLE ANY SUCH CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.

5. Personal Data

In our Privacy Policy, we inform you how we process and protect personal data. By using the Website or the Services, you declare that you have read the Privacy Policy.

6. Miscellaneous

6.1 Entire Agreement

These Terms, accompanied by, as the case may be, the Offer and/or any other documents incorporated by reference, constitute the entirety of the agreement between you and us. They supersede any communications or previous agreements (oral or written) with respect to the Website or the Services.

6.2 Waiver of Rights

No waiver of any provision of our agreement on one occasion will constitute a waiver of any other provision or of the same provision on another occasion.

6.3 Severability

In case any provision in these Terms is held to be invalid, illegal or unenforceable in any jurisdiction then such provision will, as to such jurisdiction, be ineffective to the extent of the invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions. In this case, we undertake to immediately replace the invalid provision with a valid provision which best reflects the original intention in terms of its content.

In no event will the invalidity, illegality or unenforceability of a particular provision in a particular jurisdiction invalidate such provision with respect to any other jurisdiction.

6.4 Modification of Terms

We reserve the right to modify these Terms at any time. The most current version of the Terms can be found on our Website.

We will notify Customers and Users through an appropriate channel of our choosing about such changes. You are deemed to have agreed to the changes, as the case may be:
(a) if you accept them directly; or
(b) if you do not object within thirty (30) days after the notification.
Website Visitors agree to the Terms published on the Website at the time of each visit to the Website.

6.5 Applicable Law and Jurisdiction

These Terms and any other agreements pertaining to the use of the Website or the Services will in all respects be governed by and construed and enforced in accordance with the laws of Switzerland, without regard to conflict of law principles or international treaties that would result in the application of any law other than Swiss law.

All disputes arising out of or in connection with these Terms or any other agreements pertaining to the use of the Website or the Services will be subject to the exclusive jurisdiction of the state courts of Zurich, Switzerland.

If you have questions regarding these Terms you may contact us by mail or email using the information below:

Drone Harmony AG
Sonnentalstrasse 8
8600 Dübendorf, Switzerland
contact@droneharmony.com