GENERAL TERMS AND CONDITIONS OF BUSINESS FOR USING FLYNEX GMBH
(07th of December 2017)
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.
1 Parties to the contract
1 These General Terms and Conditions of Business form the basis of the user contract being formed between you and us, the 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 and www.flynex.io and the services available on these websites or other specified resources of FlyNex.
2 Users can only be legal entities or natural persons who are not limited in their business ability.
2 Description of the services
1 FlyNex gives users via its network access to numerous resources including application tools, data and information, and up- and download sections (hereinafter referred to as „services“) These services including updates, improvements, new features and/ or later added websites are object of this General Terms and Conditions.
2 FlyNex offers users free and paid services.
4 As far as the user generates 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.
3 Registration and conclusion of contract
1 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.
2 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 free of charge services to third parties, this must happen exclusively under Creative Commons License “by-nc-nd” (mention of name – non-commercial – no editing).
Necessary data for registration must be complete and true and have to be kept up to date. During registration the user enters his email address and chooses a password. Every user is obliged to keep his password secret and not to hand over to third parties. The user is obliged to inform FlyNex immediately if he gets clues that his account is abused, or it was tried to. Therefore, the user can write an email to firstname.lastname@example.org.
4 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.
5 Usages of chargeable services or downloads require a registration and the consent with the conditions regarding payment transaction of the payment provider “BS PayOne” 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 the button “kostenpflichtig bestellen” (book chargeable). Before conclusion of contract the user has the possibility to validate his entered data and to change them. FlyNex saves the details of the contract that the user purchases with clicking “kostenpflichtig bestellen” (book chargeable). 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.
6 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.
4 Providing services through FlyNex
1 FlyNex offers to its users of services and/ or downloads the possibility to acquire chargeable licenses. Acquisition entitles the user to have access to data, tools and storage within the services and/ or downloads. Access and usage of chargeable services and/ or downloads without license is not allowed.
2 Chargeable services are available 24 hours, 7 days a week with average availability of 99% per year, except for downtimes due to maintenance or software updates and times in which the service is unavailable due to technical or other problems, that are not influenced by FlyNex (e.g. force majeure, faults of third parties. To fully use the services of FlyNex the user must use the newest technologies (browsers) or make the use of these possible on his computer (e.g. activation of Java Script, Cookies, Pop Ups). Using older or not common technologies can cause a limited usability of services of FlyNex. In case of that FlyNex cannot provide its services, even temporarily, the user has no right for compensation. In the context of free of charge services or test versions (marked as “Beta-Version”) FlyNex does not guarantee any availability. If using mobile devices, it is possible that the user is charged extra connectivity costs from his mobile telecommunication provider. These costs must be paid solely by the user.
3 A licence entitles the user from the time of closing the contract for the license until cancellation of usage to use the named services in the license. So far not agreed in another way the user gets a simple, non-exclusive, limited to the are of the European Union, limited to the period of validity of the license and non-transferable right for use in the extent and number like mentioned in the license. Switching between different license models is possible according to the available license models. Downgrading a license is principally not intended and underlies an individual agreement between the user and FlyNex. As transmission does not count the submission of licenses to associated companies according to § 15 Aktiengesetz (Stock Corporation Act). Further a license entitles the user as owner of a license to grant guest access to persons according to section 1.2 of this General Terms and Conditions to the services (guest user). Guest Access underlies content and limits of the contractual relationship between FlyNex and the user. In case of granting a guest access the user is fully liable for actions and omissions the guest performs. Under these conditions the guest access is fully transferable and is effective locally unrestricted. According to the license the number of guest accesses is not permitted to exceed the total number of simultaneous accesses. The guest user is not allowed to grant access to services to third parties or enable them in another way.
The user is obliged to inform the guest user about the conditions and limits of his contractual relationship with FlyNex and has to ensure that the guest user follows the legal and contractual regulations of the usage of services, in particular this General Terms and Conditions. In case of violation by a guest user the user is liable to FlyNex for occurred damages.
5 Terms and Conditions of Payment
1 The user is obliged to pay the fee according to his license under there mentioned conditions to FlyNex. Current payment amount results from the booked subscription. The user can choose between monthly or yearly upfront payment.
2 To fiulfill the contract FlyNex transmits user data for chargeable products to the payment provider instructed by FlyNex via SSL encoding:
BS PAYONE GmbH
Lyoner Straße 9
Handelsregister Frankfurt/Main, HRB-Nr. 28 985
VAT-ID: DE 114129870
CEO: Niklaus Santschi, Jan Kanieß, Dr. Götz Möller, Carl Frederic Zitscher
Chairman of the board: Ottmar Bloching
BS PAYONE GmbH is licensed and supervised by Bundesanstalt für Finanzdienstleistungsaufsicht (German Federal Agency for Financial Services Supervision), Graurheindorfer Straße 108 in D-53117 Bonn.
All payment information take place solely by the user via „BS PayOne“. The user has the option to pay via direct debit or credit card. Debiting of the credit card or bank account takes place after final order. Debiting takes place not earlier than 15 days after final order. Will a payment via direct debit or credit card be cancelled FlyNex will charge the user the owed amount plus resulting costs for chargeback and a service fee.
4 The user assures that he will not use the services abusively or illegal, in particular: not to upload immoral, obscene, pornographic or right-, left- or Islam radical contents to the servers provided by FlyNex; not to upload data or programs, that contain a virus (infected software) or that are malware or similar; not to use the website or services in a way that influences the availability for other users adversely; as far as the user is consumer not to use the services against § 13 BGB (civil code); not to violate other legal regulations or rights of third persons, in particular property rights (e.g. copyright or trademark rights); last point does not apply if the user has the rights for the property or the necessary approval.
5 Non-compliance of one of the duties from section 5.4 can – after previous possibility for statement and/ or warning – lead to action according to section 6.2. Furthermore, FlyNex has the right for extraordinarily termination. The user is liable to FlyNex for compensation in case of a culpable violation of his contractual duties.
6 The user is obliged to back up his saved data and records on the servers of FlyNex in appropriate intervals in appropriate mode. The user is obliged undertake all reasonable steps to prevent unauthorized access to the services by third parties.
7 The user will try, as far as he registered for testing of Beta-versions, within reasonable bounds to give feedback to FlyNex regarding amount of usage and customer experience. For this he is not obliged.
6 Cancellation / Ending / Closing
1 The user has the right to cancel his contract properly. Does not the user, who is customer according to § 13 BGB (civil code) cancel his contract 14 days before the contract ends, the contract extends for the time of the closed subscription. Does not the user, who is entrepreneur according to § 14 BGB (civil code), cancel his contract 14 days before his contract ends, the contract extends for the time of the initial contractual term. Contractual terminations must be transmitted in text form to the email address email@example.com or in written form to the address mentioned in the imprint. FlyNex has the right to cancel the contract properly with a deadline of 14 days in the case of monthly subscription and 2 months in case of yearly subscription before the contract ends.
2 Does not the customer follows his payment obligation (i) two consecutive periods in case of monthly payment or (ii) in total three monthly payments during 6 months or (iii) in case of yearly payment not within 3 months despite overdue warning and threat of cancellation, FlyNex has the right to block his services until full payment of the outstanding amount plus costs and interest. By blocking the user has not access to the chosen services. Also, FlyNex has the right for extraordinary cancellation. Furthermore, FlyNex has the right to enforce costs for chargebacks or similar costs.
3 The right for extraordinary cancellation out of serious reasons is not affected. In particular FlyNex can cancel the contract without notice if: the user makes intentionally wrong information; the user gives wrong or uncomplete information during registration or the user repeatedly violates other contractual duties and continues the violation even after notice from FlyNex. As far as FlyNex cancels the contract the user has no right to get a new account, even not with another name or designation.
4 In case of cancellation or another termination of the contract FlyNex stops the provision of the services to the date of termination date. The user is obliged to back up his saved data and records on the servers of FlyNex within seven days. Does the user fail to back up his data within this period FlyNex is once allowed after appropriate request from the user to request or back up the data in exchange for an appropriate fee. A final deletion of the data occurs 90 days after termination date.
1 FlyNex is not liable for the legality of operations of unmanned aerial vehicles under usage of the provided services. The user is solely liable for all actions and omissions in the context with a drone mission or drone flight, drone operations and landing of such systems. Furthermore, FlyNex is not liable for proper obtaining and/ or granting official or other approval, regardless whether they were applied with services from FlyNex or not. FlyNex just provides online data, information and tools. The user is responsible for usage and utilization of these data, information and tools. Furthermore, FlyNex is not liable for any damages that occur out of drone operations.
In the case of simple carelessness FlyNex is just liable in case of breach of cardinal obligations. A cardinal duty is a duty, which fulfilment only allows the proper execution of the contract possible and which observance the contractual partner can regularly trust. In these cases the liability of FlyNex is limited to the typical foreseeable damage. For all cases of simple negligent violation of such duties, that are not cardinal duties, liability of FlyNex is excluded.
3 Liability for services provided free of charge:
Liability is excluded, as far as legally permissible.
4 Liability for BETA-Version applies:
As far as FlyNex provides the user with trial versions as BETA versions, it is a accommodation relationship on a goodwill basis.
5 Reverse exception:
Forestanding limitations of liabilities do not count in case of intentionally actions or because of gross negligence from FlyNex or in case of culpable injury of life, body or health.
8 Data protection
9 Modification of Terms
1 FlyNex reserves the right to modify these General Terms and Conditions every time with appropriate prior notice without nomination of reasons. The current version of these General Terms and Conditions can be seen by clicking the hyperlink „AGB“ on the website www.flynex.io. These General Terms and Conditions regulate in principle all services that are used by the user after coming into effect.
2 FlyNex can modify theses General Terms and Conditions with prior deadline of one month if no major obligations and other for the user significant regulations (e.g. time for cancellation) are changed to a disadvantage of the user and the changes are reasonable. The user will be informed in written form or via email and if the user does not disagree within one month in written form or via email the change will be part of the contract with FlyNex so far FlyNex explicitly pointed out to the consequences. As far as a change affects current contractual relationship the following applies in addition: FlyNex will point out the change to the user and give him the possibility to cancel his contract extraordinarily at least 30 days before the changes come into effect. Furthermore, FlyNex will inform that the change comes into effect as far as the contract will not be terminated. If a user disagrees FlyNex reserves the right to terminate the contract. Concluded usages of services to that time are not affected.
10 Other terms
1 These General Terms and Conditions and the relationship between FlyNex and the user are only applicable to German law excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Is the user consumer this does not involve that he loses protection by compulsory legal regulations of the state in which he normally has his residence.
2 The exclusive place of jurisdiction is, as far as permissible, Leipzig.
11 Information about rights of revocation (for consumers according to § 13 BGB)
You have the right to withdraw from this contract within 30 days without giving reasons. The cancellation period is 30 days from the date of the conclusion of the contract. To exercise your right of withdrawal, you must contact us via
Spinnereistraße 7, Halle 14
Phone: +49 (0) 341 331 760
by means of a clear statement (for example sending a letter by post, fax or email) about your decision to withdraw from this contract. You can use the template on our homepage www.flynex.io/content/FlyNex_Musterwiderruf_EN.pdf, which is not prescribed.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
2 Consequences of cancellation
If you cancel this contract, we have to refund all payments we received from you immediately and not later than within 14 days starting from the day we received your notice about your cancellation. For refund of your payments we will use the same means of payment that you used for your original payment unless something different was explicitly negotiated. In no case e will charge extra fees for refund.
Did you demand, that services start during the withdrawal period you must pay us an appropriate amount that reflects the amount of our provided services until the time you informed us about your cancellation in comparison to the total amount of the contractual intended service.
End of information about rights of revocation
3 If, in the case of effective revocation, data and data records have already been uploaded or stored by the user on the server provided by FlyNex, then section 6.4 shall apply accordingly.