Terms of service

12.1. Unless otherwise agreed, the quality of the products is determined exclusively by Droniq’s product specifications and technical specifications.

12.2. The characteristics of samples, specimens, or product illustrations are binding only to the extent that they have been expressly agreed upon as constituting the quality of the product.

12.3. Droniq undertakes to perform its contractually obligated services with the utmost care and diligence in accordance with the generally accepted state of the art. Droniq will employ qualified personnel for this purpose.

12.4. The use of the UTM license in conjunction with specific UTM-capable hardware products—in particular the Hook-on-Device (HOD) and the Ground-Based Situational Awareness Stations (GBSAS)—requires, among other things, the availability of cellular networks and/or other transmission technologies. Droniq cannot guarantee the unrestricted availability of these technologies. No claims may be made against Droniq in this regard.

12.5. If the product must be modified due to legal requirements, Droniq is released from its obligation to perform for the duration of the necessary modification work. In return, the customer is released from its obligation to pay for this period.

12.6. Malfunctions of the UTM system will be resolved as quickly as possible.

13 Links to Third-Party Websites, Internet Connection

13.1. The UTM software and the Droniq Academy may contain links and features to third-party websites and data. Droniq does not manage, review, or guarantee the availability or content of such websites or data.

13.2. Specific features and products of the UTM software, the hardware, and the Droniq Academy require a constant internet connection. The stationary GBSAS also requires a permanent power supply. The customer is responsible for providing the internet connection and power supply and bears all costs associated therewith.

13.3. Droniq makes no warranty that the UTM software and/or the Droniq Academy can be used to any specific extent without an internet connection.

14 Prices and Shipping Costs

14.1. The order will be processed immediately upon receipt by Droniq.

14.2. Shipping costs are not included in the purchase price but are listed separately. Shipping costs for deliveries to other countries can be viewed in the online store at www.droniq.de.

14.3. The prices listed in the store include sales tax. When an invoice is issued, sales tax is shown separately at the applicable statutory rate.

15 Payment Methods and Terms

15.1. Payment for the goods may be made by credit card, or alternatively by invoice, prepayment, PayPal, or Sofortüberweisung.

15.2. The invoice amount is due upon acceptance of the order. If the customer defaults on payment, they must compensate Droniq for any resulting damages in accordance with statutory provisions. If the customer is more than 14 days in arrears with payment of a due amount or partial amount, Droniq may require the customer to pay the purchase price for further deliveries from all pending orders prior to shipment of the goods.

15.3. Unless expressly agreed otherwise, the customer is not entitled to make any deductions.

15.4. Droniq’s claims for payment may be offset only against claims that are undisputed, have been legally established, or have been acknowledged in writing by Droniq. The customer is authorized to exercise a right of retention only to the extent that it is based on the same contractual relationship.

15.5. The assignment of claims against Droniq by the customer is excluded, unless the claim is a monetary claim assigned in the context of a commercial transaction.

16 Place of Performance, Fulfillment, and Subsequent Performance

Unless otherwise agreed, the place of performance, fulfillment, and subsequent performance shall be Droniq’s registered office.

17 Warranty

17.1. In the event of a valid and timely notice of defects, Droniq shall remedy the defects by way of subsequent performance, at its discretion, either by eliminating the defect or by delivering a defect-free item; in doing so, Droniq shall bear only the costs necessary for the purpose of subsequent performance. Furthermore, Droniq is entitled to refuse subsequent performance in accordance with statutory provisions.

17.2. The customer may demand rescission of the contract or a reduction in the purchase price in accordance with statutory provisions, but not until two reasonable deadlines for subsequent performance set by the customer have expired without result, unless setting a deadline for subsequent performance is not required under statutory provisions. In the event of rescission, the customer shall be liable for deterioration, loss, and lost benefits in cases of willful misconduct and any degree of negligence.

17.3. All information regarding products—in particular the illustrations, drawings, and specifications regarding weight, dimensions, and performance contained in offers and printed materials—shall be understood as approximate average values, unless expressly stated otherwise. They do not constitute a guarantee of quality, but rather descriptions or specifications of the products.

17.4. If the customer or a party acting on the customer’s behalf fails to follow Droniq’s operating or maintenance instructions, modifications are made to the products, parts are replaced, or consumables are used that do not conform to the original specifications, any warranty shall be void, unless the customer proves that the defect is not attributable to such actions.

17.5. A prerequisite for any warranty rights of the customer—with respect to the delivered products—is the customer’s proper fulfillment of all obligations to inspect and give notice of defects owed under § 377 of the German Commercial Code (HGB). This applies only to merchants within the meaning of the HGB. Claims for material defects are subject to a statute of limitations of 12 months following delivery of the products. The period begins at the time of delivery to the customer, regardless of whether the customer is aware of a defect in the performance. This does not apply to claims for damages arising from intentional or grossly negligent conduct, nor to claims for damages resulting from injury to life, limb, or health, or where the Product Liability Act (ProdHaftG) applies.

17.6. Droniq assumes no warranty for the completeness of the geodata, radar data, and other data.

18. Cancellation Policies and Cancellation Forms

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

• For services (e.g., online courses, online exams, exams), the withdrawal period is fourteen days from the date the contract is concluded.
• For physical goods, the withdrawal period is fourteen days from the day on which you or a third party designated by you—other than the carrier—took possession of the goods. If you have ordered multiple items as part of a single order and they are delivered separately, the period begins on the day you or a third party designated by you took possession of the last item.

To exercise your right of withdrawal, you must inform us (Droniq GmbH, Ginnheimer Stadtweg 88, 60431 Frankfurt am Main, Germany, email: info@droniq.de) by means of a clear statement (e.g., a letter sent by mail or an email) regarding your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, though its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract.

We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.

In the case of goods, we may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.

You must return or hand over the goods to us without delay and, in any case, no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the fourteen-day period expires.

You must bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of your exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.

Special Notes on the Expiration of the Right of Withdrawal

• For online courses and online exams, the right of withdrawal expires prematurely if we have begun performing the contract after you have expressly agreed that we may begin performance before the expiration of the withdrawal period, and you have simultaneously confirmed your awareness that, by giving your consent, you lose your right of withdrawal upon the commencement of performance.
• For exams with a fixed date (e.g., in-person exams), there is no right of withdrawal pursuant to Section 312g(2)(9) of the German Civil Code (BGB), as this constitutes a service related to leisure activities that is provided on a specific date or during a specific period.
• For software licenses (digital content not delivered on a physical data carrier), the right of withdrawal expires prematurely if we have begun performing the contract after you have expressly agreed that we may begin performance before the expiration of the withdrawal period, and you have simultaneously confirmed your awareness that, by giving your consent, you lose your right of withdrawal upon the start of performance.

Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and return it.)

To
Droniq GmbH
Ginnheimer Stadtweg 88
60431 Frankfurt am Main
Germany
Email: info@droniq.de

I/We (*) hereby withdraw from the contract I/we (*) entered into for the purchase of the following goods (*)/the provision of the following service ()/the delivery of the following digital content (*)

• Ordered on (*)/received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only for written notices)
• Date

(*) Delete as appropriate.

19 Liability

19.1. Droniq is liable for damages resulting from willful misconduct or gross negligence in accordance with statutory provisions. The same applies to damages caused by negligence resulting in injury to life, body, or health. For all property damage and financial losses caused by negligence, Droniq is liable only in the event of a breach of a material contractual obligation, but the amount of liability is limited to the damages that were foreseeable at the time the contract was concluded and are typical for this type of contract; Essential contractual obligations are those whose fulfillment characterizes the contractual relationship and on which the customer may rely.

19.2. With the exception of willful misconduct, gross negligence, injury to life, body, or health, and claims under the Product Liability Act (ProdHaftG), liability is limited in total to the contract value (net).

19.3. Except in cases of willful misconduct, gross negligence, injury to life, body, or health, and claims under the Product Liability Act (ProdHaftG), liability for consequential and indirect damages is excluded. If damage that is atypical for the contract or unforeseeable has occurred in connection with material contractual obligations, or if immaterial contractual obligations are affected, liability for such damage is also excluded.

19.4. To the extent that claims for damages have arisen under this provision, such claims shall be barred by the statute of limitations within 12 months after the respective service was rendered.

19.5. This does not apply to claims for damages arising from intentional or grossly negligent conduct, nor to claims for damages resulting from injury to life, limb, or health, or to claims under the Product Liability Act (ProdHaftG).

19.6. In the event of a rental, the renter undertakes to handle the items and accessories with care and to protect them from loss (including theft), damage, and unauthorized use.

19.7. The renter must immediately report to the lessor any losses, defects, or damage to the items that occur during the rental period. The lessor is solely responsible for handling repairs in the event of defects or damage to the items.

19.8. The renter is liable for any damage to the rented items caused by the renter’s negligence, as well as for any other damages resulting from the renter’s failure to fulfill their obligations through negligence. The lessor’s liability is limited to willful misconduct and gross negligence in accordance with § 599 BGB.

19.9. In the event of the loss of rental items, the renter must compensate for the loss.

20. Set-off, Offset, and Assignment

20.1. The customer may set off claims by Droniq only against an undisputed or legally enforceable counterclaim.

20.2. The customer is entitled to assert rights of retention only on the basis of counterclaims arising from the same contractual relationship.

20.3. The assignment of claims against Droniq by the customer is prohibited.

21 Receipt of Notices and Amendments to the Agreement

21.1. Unless otherwise provided herein, legally significant declarations or notices to be made to a party become effective upon receipt by that party in writing.

21.2. Amendments and/or supplements to the contract must be in writing. They must be expressly designated as amendments and/or supplements to the contract. The same applies to the waiver of the written form requirement. The written form requirement is not satisfied by email.

22 Data Protection

If either party receives personal data as defined by Regulation (EU) No. 2016/679 (General Data Protection Regulation—GDPR) or the Federal Data Protection Act (BDSG), the Receiving Party guarantees that it will comply with all relevant European and German data protection regulations. The Receiving Party is aware that both confidential information and other content or information provided by the Disclosing Party may constitute personal data and guarantees that all personal data received or to be received in the future will be collected, processed, and used in compliance with all applicable European and German data protection regulations. The contract text and order data are stored by Droniq.

23 Confidentiality

Unless expressly agreed otherwise in writing, information submitted to Droniq shall not be considered confidential unless confidentiality is evident. This does not apply to personal registration data, which is considered confidential.

24 Force Majeure

24.1. Droniq shall not be liable for events of force majeure that significantly impede Droniq’s contractual performance or that temporarily hinder or render impossible the proper execution of the contract. While force majeure persists, Droniq’s obligations shall be suspended.

24.2. Force majeure includes all circumstances beyond the control of the parties, regardless of whether these were already foreseeable at the time the contractual relationship was established. In such cases, Droniq is not required to fulfill its contractual obligations. This also applies to subcontractors engaged by Droniq. Force majeure includes, among other things: fire, flooding, drought, earthquakes, storms, epidemics, pandemics, and other natural disasters; government measures and official decisions such as war, invasion, acts of foreign enemies, hostilities (with or without a declaration of war), civil war, rebellion, revolution, insurrection, military or unlawful seizure of power or confiscation, acts of terrorism, nationalization, seizure, destruction, or damage to property ordered by a government—whether de jure or de facto—or by any public, municipal, or local authority, or the imposition of an embargo or similar measures; government order, blockade; sabotage, strike, lockout; or any other cause of the same or a different nature that is beyond the reasonable control of the party concerned.

24.3. If the force majeure event persists for more than three (3) consecutive months (or if Droniq has reasonable grounds to assume this duration), Droniq shall have the right to terminate the contractual relationship in whole or in part or to withdraw from the contract. In this case, liability or any payment arising from the termination of the contractual relationship is excluded. In the event of termination or withdrawal, payment must be made for services already rendered by Droniq. Any termination or withdrawal must be made in writing.

25 Product-Specific Provisions

25.1. UTM Software

Droniq has the right to store, process, and evaluate all position data transmitted to the UTM system using HOD and/or GBSAS or other components.

25.2. Hardware

Droniq is obligated to properly provide the contractually agreed-upon services and to maintain them throughout the entire rental period. Droniq is not liable for defects that were known to the customer at the time this contract was concluded.

If defects in the hardware are present, the customer is obligated to notify Droniq of these defects immediately.

When two or more HODs come into close proximity, interference with GPS signals may occur between them. Droniq assumes no liability for this.

If the UTM hardware is used simultaneously with other transmitting devices, the buyer must ensure proper functionality by conducting appropriate integration tests. If such tests are not performed, Droniq assumes no liability for any resulting interference.

Furthermore, Droniq assumes no liability for connectivity
. Some hardware products are equipped with cellular technology and corresponding SIM cards from the provider Telekom Deutschland GmbH. Droniq assumes no liability in the event of a lack of cellular connection. If there is insufficient Telekom cellular coverage at the deployment site, the hardware’s full functionality may not be available.
If hardware is used that incorporates cellular technology and corresponding SIM cards from the provider Telekom Deutschland GmbH, the applicable product specifications govern data usage limits. As a general rule, if the standard service volume is exceeded—for example, when transmitting hours of Full HD video in connection with the HOD4stream module— Droniq reserves the right to terminate the contract with two weeks’ notice effective at the end of the respective month without providing a reason.

25.3. Services Provided by the Droniq Academy

Droniq provides training to the best of its knowledge and belief. Droniq cannot assume any obligation to strictly adhere to specific values or application possibilities.

Droniq does not guarantee the course participant’s successful participation in or completion of a training session. Furthermore, Droniq does not guarantee the course participant’s success.

With regard to the provision of training, the parties are entitled to terminate the contract in whole or in part at any time for good cause. If the good cause consists of a breach of an obligation under this contract, extraordinary termination is permissible only after the unsuccessful expiration of a grace period set for remedial action or after an unsuccessful formal notice.
In particular, the following cases constitute good cause for termination of training courses:

• a course participant jeopardizes the learning success of the other participants, particularly if they cause a significant slowdown in the training;
• a course participant, through his or her own fault, fails to attend more than half of the training sessions;
• a course participant repeatedly fails to follow the instructor’s course-related instructions (e.g., preparation for the training);
• a course participant insults or offends instructors or other participants in a manner that is more than trivial;
• a course participant fails to meet the legal and regulatory requirements for the training.

In these and similar cases, Droniq may also exclude the participant in question from attending the training sessions, without the customer being entitled to a price reduction.
Any cancellation must be made in writing.
For training sessions, a course participant may cancel participation free of charge up to 5 weeks before the start date. A cancellation at a later date or failure to attend does not affect the obligation to pay the full course or seminar fee. In such cases, the course participant is entitled to provide evidence that Droniq incurred no damages or that the damages were of a lesser amount. Participation in training sessions only on a part-time basis—regardless of the reason—does not entitle the participant to a reduction in the course or seminar price.
Droniq reserves the right to cancel training sessions if the minimum number of participants is not met, in the event of illness among the instructors, or for other reasons beyond Droniq’s control. The course participant will be informed of this immediately. In addition, Droniq will endeavor to offer an alternative date. If applicable, any training fees already paid will be refunded.

25.4. Consultations

The subject matter of the engagement is a service agreed upon individually in the contract. A specific outcome is not guaranteed.
The engagement will be carried out in accordance with the principles of proper professional practice. Droniq is entitled to engage experts and other third parties to carry out the engagement.
Droniq shall decide at its sole discretion which employees will be assigned to carry out the assignment. Droniq reserves the right to replace individual employees.
The customer agrees to provide Droniq with any necessary support free of charge and, in particular, to supply the information required within the scope of the subject matter of the contract. At Droniq’s request, the customer shall ensure appropriate working conditions at the project site and, without being specifically asked, shall inform Droniq of all documents, procedures, and circumstances that may be relevant to the performance of the assignment.
Upon Droniq’s request, the customer must confirm in writing the accuracy and completeness of the documents submitted by the customer, as well as the customer’s information and oral statements.
The customer and Droniq may terminate the contract for good cause. The notice period is 14 days.
If the contractual relationship ends prematurely, Droniq is entitled to compensation for the work performed up to that point.

26 Severability Clause

Should any present or future provision of this contract be wholly or partially invalid or void, or should a gap requiring supplementation be discovered in this contract or its amendments, the validity of the remaining provisions shall remain unaffected. In the event of an invalid provision, the parties are obligated to negotiate a valid and reasonable substitute provision that comes as close as possible to the economic purpose pursued by the parties with the invalid provision.

27 Governing Law

The contractual relationship is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

28 Jurisdiction

28.1. If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be Frankfurt am Main or, at Droniq’s discretion, the customer’s general place of jurisdiction.

4.3. You may not misuse the services offered by Droniq Academy in any way. Misuse includes, in particular, the following cases:

• Use that goes beyond the personal purposes specified in the contract, in particular use that would require the granting, transfer, or exercise of rights under the Copyright Act;
• Publication or distribution of pornographic, obscene, sexist, defamatory, libelous, insulting, threatening, seditious, or racist content, information, software, or other material;
• Engaging in any actions that impair or may impair the functionality of Droniq Academy’s services (for example, by using “robot-,” “spider-,” or “offline-reader-” software to automatically generate user requests over the Internet; email bombing; denial-of-service attacks; the inclusion of harmful components such as viruses, worms, Trojan horses, etc.);
• Modifying or distributing parts of the service—including content belonging to other users—that have not been explicitly made available to the user for this purpose;
• Any use of the rating system that is contrary to the purpose of the rating system. In particular, this includes submitting inaccurate or unjustified ratings based, for example, on circumstances unrelated to the use or quality of the content presented or the service itself;
• Posting content and information with misleading and/or untrue content.

5.1. If you post comments, study notes, keywords (tags), and similar content (“User Content” as defined in Section 1.5) on the Droniq Academy, any rights to such content shall, to the extent possible, remain with you. You grant us rights to such content only to the extent necessary for us to display this User Content as intended within our services and make it publicly accessible.

5.2. You may remove your User Content posted on the Droniq Academy yourself at any time (for the rules regarding e-Authors, see their Terms of Use). You may also send us an email at info@droniq.de requesting that User Content be removed. We will comply with this request within 14 days, if possible. Upon removal, any rights of use to the respective content that may have been granted to us pursuant to Section 1 above shall cease to apply.

6 Liability of Droniq Academy

Droniq Academy is liable in accordance with the provisions set forth in the General Terms and Conditions for Services Provided by Droniq Academy (Section 17 of the General Terms and Conditions).

7 Term of the User Agreement, Deletion of Content, and Exclusion from Use

7.1. This User Agreement is entered into for an indefinite period. It may be terminated by either party with three months’ notice to the end of the month without stating reasons, but no earlier than the expiration of a paid or free course or the use of any other service provided by us. Notice of termination must be sent by email to info@droniq.de or in writing to the Droniq Academy’s mailing address specified in the preamble.

7.2. If you use a paid service offered by Droniq Academy (e.g., as part of a subscription), the term and notice period of the contract for the use of this service are set forth in the price and service overview provided at the time the contract is concluded.

7.3. The parties’ right to terminate the user agreement for cause remains unaffected by the provisions of these Terms of Use. In particular, Droniq Academy has good cause for extraordinary termination if you provided false information during registration or if you materially and/or repeatedly violate your obligations under these Terms of Use, especially those specified in Sections 2 and 5.

7.4. The operation of the services offered by Droniq Academy is at the discretion of Droniq Academy. All offers are subject to change and non-binding. Droniq Academy expressly reserves the right, at any time, at its sole discretion, and without providing reasons, to modify, supplement, or delete the content of parts of the website or the entire offering without prior notice, or to suspend the services temporarily or permanently, in particular, to limit the storage space and/or data transfer volumes provided for individual services, provided that this does not place you at an unreasonable disadvantage contrary to good faith or, taking our interests into account, in an unreasonable manner. In the event of a suspension of the services, you will be reimbursed for any services you have already paid for but which Droniq Academy has not yet provided as of the time the services are suspended.

7.5. Should Droniq Academy become aware that you are intentionally or negligently breaching your obligations under Section 2 or Section 5 of these Terms of Use or violating applicable law and/or contractual agreements, Droniq Academy is entitled to immediately, temporarily, or permanently suspend your access without providing a reason, to block or delete your content, and/or to restrict your use of the services and features provided. Prior to the suspension or deletion, you will receive a notice and a reasonable period of time to remedy the breach. If your member account has been suspended, you may only regain access to the services offered with the prior written consent of Droniq Academy. Droniq Academy shall decide on your readmission at its sole discretion.

7.6. Droniq Academy is also entitled to suspend your access without providing a reason if you have not used the services we offer for an extended period of time and your access is free of charge. In this case, you may request new access or re-register at any time.

7.7. You are entitled to delete your member account at any time and without providing a reason. Please send us a corresponding notification via email to info@droniq.de, and we will delete your account as soon as possible. If you wish to have your personal data stored by Droniq Academy deleted, please also indicate this in an email to info@droniq.de. Deleting your account does not release you from your contractual payment obligations.

8 Changes to the Terms of Use

8.1. The Terms of Use of the website in effect at the time of the user’s registration form the basis of the user agreement. Droniq Academy reserves the right to subsequently amend details of these Terms of Use to the extent that this appears necessary and does not disadvantage you in bad faith or in an unreasonable manner.

8.2. Subsequent changes to the Terms of Use will generally serve to improve the Droniq Academy’s registration-required services in your best interest. Changes may also become necessary due to changes in the legal landscape and/or case law, or due to otherwise unforeseeable changes which are not caused by Droniq Academy, over which Droniq Academy has no influence, and which, without an amendment or supplement to the Terms of Use, would make the performance of the contract difficult or impossible. Significant deviations from the Terms of Use in effect at the time the contract was concluded and fundamental changes to the User Agreement are expressly excluded from the above-mentioned right to make changes and may only be made by mutual agreement between you and Droniq Academy.

8.3. Changes or additions to the Terms of Use will be communicated to you via written or electronic notice with a reasonable notice period of at least four weeks. The amendments or additions shall become part of the contract if you do not object to them within six weeks of their notification and/or if you continue to use the Droniq Academy services requiring registration after this period. If you object to the changes, either party may terminate the User Agreement in accordance with the termination provisions in effect prior to the change. Droniq Academy will expressly inform you of your right to object and the consequences thereof in the notice of changes.

9 Severability Clause

Should any present or future provision of this Agreement be wholly or partially invalid or void, or should a gap requiring supplementation be discovered in this Agreement or its amendments, the validity of the remaining provisions shall remain unaffected. In the event of an invalid provision, the parties are obligated to negotiate a valid and reasonable substitute provision that comes as close as possible to the economic purpose pursued by the parties with the invalid provision.

10 Governing Law

The contractual relationship is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

11 Place of Jurisdiction

If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be Frankfurt am Main or, at Droniq’s discretion, the customer’s general place of jurisdiction.

• Use(s): Use(s) of the app includes, but is not limited to: Downloading and/or installing the App, saving or loading the App into the temporary or permanent storage of a computer or device, using the App for its intended purpose as well as misusing the App, modifying the App by any means, and removing the App. 

• Intellectual Property: All rights belonging to Droniq, DFS, or third parties; rights in which Droniq or DFS have been granted ownership or the right to use them; and rights relating to the app, as well as inventions, patents, copyrights, designs and models, trademarks and trade names, databases, trade secrets, know-how, and all other intellectual property and proprietary rights (registered and unregistered) and their applications worldwide. 

• Right of Use: The limited right to use the Droniq App granted to the User in accordance with the terms of this Agreement. 

• Agreement: This User Agreement, including all terms and attachments that set forth the User’s rights and obligations under the Right of Use granted to the User pursuant to this User Agreement. 

• App: All computer software in any form developed by DFS and offered and/or sold by Droniq, including the associated know-how, all upgrades, updates, modified versions, supplements, and additions, as well as the description of its operation and the applications provided by Droniq, all associated media, the hardcopy documentation (“online” or “offline”), electronic documentation, and “online” services, regardless of whether they are contained in the App, in separate documentation, or on other data carriers. The App remains the property of DFS.

• Unmanned Aerial Vehicle: Unmanned aerial systems and model aircraft as defined by the German Air Traffic Act and the German Air Traffic Regulations.  

2 Acceptance 

By clicking on a checkbox, the user declares that he or she agrees to and accepts all provisions of this Agreement. The app and the right of use granted under this Agreement are also deemed to have been accepted by the user at that time. The user has the right to terminate the Agreement in accordance with the terms of this Agreement, without prejudice to the statutory right to extraordinary termination. 

3 Limited Right of Use

 3.1 Subject to the provisions set forth in this Agreement, Droniq grants the user, for the term of the Agreement, a limited, non-exclusive, non-transferable, and non-sublicensable right of use for non-commercial purposes within the Federal Republic of Germany, whereby any right of the User to market the app themselves is excluded. Use for commercial purposes requires the prior written consent of Droniq. 

3.2 The User is permitted to use the App only in accordance with the limited right of use. There is no transfer of ownership or copyrights to the App. 

3.3 The right of use grants the user a limited authorization: 

• Unless otherwise agreed, to use the app on one device at a time. The username (user ID) and password assigned to the user may not be used simultaneously on multiple devices.
• To store or install the app on a central storage medium that is used solely to enable the app to be used on the user’s internal network. However, the user must hold a license for each device on which the app is used from the storage medium. The license for one device may not be shared or used simultaneously on different devices. 
• Creating a copy of the app solely for the purpose of creating a backup.

3.4 However, the user or third parties authorized to use the app are not permitted to do the following: 

• Copying the app, in whole or in part, directly or indirectly, by any means and for any purpose (except as provided in Section 3.3, Paragraph 3), distribute, sell, lend, or rent the app to third parties, unless expressly authorized in writing by Droniq in advance;
• Modifying, adapting, translating, or combining the App or the App’s source code, in whole or in part, with other computer software, except as necessary to comply with mandatory legal provisions or as expressly agreed otherwise with Droniq.
• Integrating the App into other computer software; writing, developing, or outsourcing the development of derivative software or other software based on the App.
• In any way altering or removing notices that Droniq or DFS has placed on the app to indicate its origin, Droniq’s or DFS’s (proprietary) rights to the app, or DFS’s authorship of the app.
• Removing the App’s security mechanisms in any way.
• Publishing and/or reproducing and/or modifying the App in any other form without Droniq’s prior, express, and written consent.

4 Upgrades and/or Updates 

4.1 This Agreement does not grant the User any enforceable right to upgrades or updates to the App. Droniq may offer or make available upgrades or updates at any time. In such cases, unless otherwise specified, the terms of this Agreement shall always apply to all upgrades or updates.  

4.2 The User is free to choose not to use a specific upgrade or update to the App. However, doing so may expose the App to security risks or render it unusable or unstable. Failing to install an upgrade or update to the app may also pose a security risk to the user and his or her device(s). Droniq assumes no responsibility in this regard.

5 Collaboration with Third-Party Providers

5.1 The App may contain links or features that rely on third-party websites and/or data owned by, originating from, or provided by third parties (whether for a fee or not). Droniq does not manage, review, or guarantee the availability or content of such websites or data provided by third parties, nor does it guarantee the continuous availability of data originating from third parties.  

5.2 Certain features of the App require a constant internet connection. The user is solely responsible for providing this internet connection and bears all costs associated with it. Droniq does not cover any costs associated with such an internet connection and does not guarantee that the app can be used to any specific or full extent without an internet connection.

 6 Use of the App via App Stores

6.1 Droniq also makes the App available through app stores such as the “Apple App Store” and “Google Play Store.” If the user obtains the App through an app store, the terms and conditions of that app store may also apply. 

6.2 If the use of the app is subject to the terms and conditions of an app store and conflicts or ambiguities arise between this Agreement and the terms and conditions of an app store, the app store’s terms and conditions shall take precedence to the extent necessary to resolve any conflict or ambiguity. In all other cases, only this Agreement shall apply. The user acknowledges and agrees to review the provisions of this Agreement and the terms of service of any app store. 

7 Warranties and Liability

7.1 The App and the information and results it provides are intended and programmed by Droniq exclusively for use in the Federal Republic of Germany. Information and results provided by the App abroad and for drone flights abroad are not subject to quality control by Droniq. 

7.2 Droniq makes no warranties regarding the App, and the user accepts the app “as is” (without warranty) and without any express or implied statutory, regulatory, or other warranty regarding its condition, quality, performance, or fitness for a particular purpose. In particular, Droniq makes no warranty regarding the App’s fitness for a particular purpose or the correctness, accuracy, reliability, or distribution of the App, or with respect to the financial profitability or technical capabilities available to the user when using the App, or with respect to the installation, use, and/or removal of the App. 

7.3 The operator of an unmanned aircraft is responsible for the operation of their unmanned aircraft. The pilot’s responsibility to obtain information regarding the operation of the unmanned aircraft and the conduct of a flight, to secure the necessary permits, and to comply with other obligations of a pilot remains unaffected by the use of the app and the information and results it provides. The app merely provides the user or the operator of an unmanned aircraft with non-binding, advisory assistance regarding the operation of the unmanned aircraft. The information and results provided by the app do not constitute or replace a legally valid air traffic control clearance, takeoff authorization, or any other public or private authorization to operate an unmanned aircraft at a specific location at a specific time. Therefore, Droniq cannot be held liable for damages resulting from use of the app for purposes other than those for which it is intended.  

7.4 Droniq cannot be held liable for force majeure, accidents caused by the user, user errors such as incorrect use or improper handling, or for any action by the customer or a third party.

8 Fair Use – Reverse Engineering

8.1 The User represents and warrants that the App is associated with intellectual property, know-how, and trade secrets, and contains other information that is and remains the exclusive property of Droniq or DFS, and that Droniq or DFS intends to keep such information confidential and treat it as strictly confidential. 

8.2 To the extent permitted by applicable law, the User is strictly prohibited from reverse-engineering the App or examining the App in any way to determine the technical, practical, or other requirements that the App is intended to fulfill, or to determine the exact operation of the App, or to decompile or disassemble the App, or otherwise discover the source code or object code, procedures, processes, algorithms, know-how, or other information contained in the App’s code. It is also prohibited to permit or—even by omission—allow the foregoing. 

9 Compensation

No fee is payable for the provision and use of the app.

10 Term, Termination, and Grounds for Termination

10.1 This Agreement takes effect when the User clicks the checkbox to accept the Agreement, thereby confirming that the User unconditionally accepts the Agreement. This Agreement is entered into for an indefinite term.

10.2 This Agreement is terminated by operation of law with immediate effect if the User breaches this Agreement or any of its provisions;

10.3 Droniq reserves the right to terminate the Agreement for good cause. 

10.4 Upon termination of this Agreement, the user loses all rights to use the App and is obligated to permanently delete all copies of the App. The user also loses access to all Droniq services.

11 Intellectual Property / Copyrights

11.1 All products or services provided by Droniq, and in particular the App (including all trademarks, logos, designs, plans, data, product and/or company names, texts, images, software, and the like) are or may be protected by intellectual property rights (including, but not limited to, copyrights and trademark rights) owned by Droniq, DFS, or third parties who have authorized Droniq or DFS to use such rights.  

11.2 The user is therefore not authorized to modify, copy, distribute, transmit, disseminate, re-offer, reproduce, publish, assign under license, transfer, or sell the information or content, or create derivative works based on the foregoing elements. 

11.3 The delivery of products or services by Droniq or DFS does not constitute a transfer or grant of their intellectual property rights, unless otherwise provided for in this Agreement. Any infringement of the copyrights of Droniq, DFS, or third parties may result in civil or criminal prosecution under applicable laws.  

11.3 All information that Droniq collects or may collect through the use of the App, or any information that the App collects or may collect automatically or non-automatically as a result of the use of the App—such as the user’s flight and general operational data—is and remains the exclusive property of Droniq. This information is necessary for the operation and support of the App and the products and goods offered by Droniq. Droniq reserves the right to use this information to improve Droniq’s products and services, for communication purposes, for account management, for marketing, and for fraud prevention. 

12 Confidentiality

12.1 The user agrees to respect the confidential nature of the app and any information the user may receive in connection with this agreement and the use of the app.  

12.2 During the term of this Agreement and thereafter, the User shall not disclose or forward such information to third parties or use it for any purpose other than the fulfillment of this Agreement. Upon termination of this Agreement, the User shall return to Droniq, upon Droniq’s simple request, any confidential information received. The User shall then cease any further use of such information.  

12.3 Without limiting the generality of the preceding provision, the App, all data and information upon which it is based, as well as the know-how and intellectual property of Droniq or DFS, shall be deemed confidential information. 

13 General Provisions

13.1 Should any present or future provision of this Agreement be wholly or partially invalid or void, or should a gap requiring supplementation be discovered in this Agreement or its amendments, the validity of the remaining provisions shall remain unaffected. In the event of an invalid provision, the parties are obligated to negotiate a valid and reasonable substitute provision that comes as close as possible to the economic purpose pursued by the parties with the invalid provision.

13.2 The User may not assign this Agreement or the rights and obligations arising therefrom, either directly or indirectly, without the prior written consent of Droniq.

13.3 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations or agreements. Unless expressly provided otherwise in this Agreement, this Agreement may only be amended or supplemented by a written agreement duly signed by authorized representatives of both parties. 

13.4 This Agreement is governed exclusively by the laws of the Federal Republic of Germany and shall be interpreted exclusively in accordance with such laws. German courts shall have exclusive jurisdiction over any disputes between the parties. 

The warranty period is 12 months from the date TraX is made available. The customer’s rights regarding defects are limited to rectification.

The statutory provisions regarding digital products do not apply to business customers, to the extent permitted by law.

11 Liability

The provider bears unlimited liability in cases of:

• willful misconduct and gross negligence,
• injury to life, body, or health,
• claims under the Product Liability Act.

In cases of simple negligence, the Provider is liable only for breaches of material contractual obligations (cardinal obligations) and only to the extent of foreseeable damages typical for this type of contract. Liability is limited in total to the compensation paid by the Customer over the past 12 months.

The following are specifically excluded:

• loss of profits,
• indirect or consequential damages,
• business interruptions,
• data loss,
• damages attributable to operational, flight-related, or safety-related decisions made based on the information displayed by TraX.

The Provider shall not be liable for damages attributable to incorrect, incomplete, or improper information provided by the User, nor for the further processing, modification, or dissemination of the data once it has left the control of Droniq GmbH.

Liability for the accuracy, completeness, or timeliness of the displayed air traffic data is excluded to the extent permitted by law.

12 Indemnification

The customer shall indemnify the Provider against all claims by third parties arising from a breach of contract in the use of TraX, improper or faulty integration or use, the disclosure of access data or information, or violations of legal or regulatory requirements.

13 Contract Term and Termination

The contract runs for the term booked and is extended or terminated in accordance with the contractually agreed termination provisions.

14 Data Protection

The processing of personal data is carried out in accordance with the Provider’s Privacy Policy, available at: https://droniq.de/datenschutz/

15 Changes to the Terms of Use

The Provider reserves the right to amend or supplement these Terms of Use to the extent necessary for legal reasons—in particular, in the event of changes to statutory or regulatory requirements—or due to technical developments in TraX, adjustments to the scope of functionality, or changes to the services offered.

Changes to the Terms of Use will be communicated to the user in an appropriate manner, in particular through a notice within TraX or via email. The currently valid version of the Terms of Use can be viewed at (website placeholder).

If the user does not object to the validity of the amended Terms of Use within a reasonable period after receiving the notification and continues to use TraX, the amended Terms of Use shall be deemed accepted. The user will be informed of the right to object and the consequences of failing to object as part of the notification of changes.

The user’s statutory rights remain unaffected.

16 Additional Provisions for Use via Third-Party Platforms

16.1 For iOS (Apple App Store)
If the app is used via the Apple App Store, the following provisions apply in addition:

Apple Inc. and its subsidiaries are not parties to the user agreement between the user and the provider of this app. Apple assumes no responsibility for the app or its content.

The provider is solely responsible for the app, as well as for its content, maintenance, support services, and warranty, to the extent provided by law. Apple is not obligated to provide maintenance or support services for the app.

Apple makes no warranties whatsoever in connection with the app. To the extent permitted by law, any liability on the part of Apple in connection with the app is excluded.

Any claims by the user arising from the use of the app must be asserted exclusively against the provider. This applies in particular to claims arising from product defects, inadequate performance, or other breaches of duty.

As a third-party beneficiary of these Terms of Use, Apple is entitled to enforce these Terms of Use against the user in its own name.

The purchase of paid content or features takes place exclusively through the Apple App Store. Refunds or cancellations are subject exclusively to the terms and conditions set by Apple and must be requested through the Apple App Store.

16.2 For Android (Google Play Store)
If the app is used via the Google Play Store, the following provisions apply in addition:

Google LLC and its affiliates are not parties to the user agreement between the user and the provider of this app. Google assumes no responsibility for the app’s content or features.

The provider is solely responsible for the app, as well as its content, functionality, maintenance, support services, and statutory warranty.

The purchase of paid content or features within the app takes place exclusively through the Google Play Store. The processing of payments, cancellations, revocations, or refunds is governed by the terms and conditions set forth by Google.

Refunds or cancellations must be processed through the user’s Google Account in the Google Play Store. The provider has no influence over Google’s decisions regarding refunds, cancellations, or subscription terminations.

16.3 For Web Applications (Droniq Online Store)
If the purchase of digital content, licenses, subscriptions, or other services is made not through an app store but through the website or online store of Droniq GmbH, the user agreement is concluded exclusively between the user and Droniq GmbH.

In this case, Droniq GmbH is the user’s sole contractual partner and is responsible for providing the services, processing payments, offering support, and fulfilling statutory warranty and liability obligations in accordance with applicable laws.

Payment processing in the online store is handled by the payment service providers PayPal and Stripe, as offered. The terms of use and privacy policies of the respective payment service providers apply in addition.

Claims for withdrawal, cancellation, or refunds in connection with contracts concluded via the Droniq GmbH website or online store must be asserted directly against Droniq GmbH. In such cases, processing through third-party platforms or app store operators does not take place.

Cancellations of subscriptions or ongoing contractual relationships entered into via the Droniq GmbH website or online store are governed by the cancellation terms set forth in these Terms of Use.

17 Governing Law and Jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes arising from or in connection with this contract is Frankfurt am Main, provided that the customer is a merchant within the meaning of the German Commercial Code (HGB).

18 Final Provisions

Should any provision of this agreement be or become invalid or void in whole or in part, or should any gap requiring supplementation arise, the validity of the remaining provisions shall remain unaffected.

The invalid, void, or missing provision shall be replaced by a provision that most closely approximates the economic purpose of the invalid, void, or missing provision. The same applies in the event of a gap in the provisions.

Injury to life, body, or health,

mandatory liability under the Product Liability Act.

In cases of simple negligence, Droniq is liable only for breaches of material contractual obligations (cardinal obligations) and only to the extent of foreseeable damages.

Droniq is not liable for damages attributable to incorrect, incomplete, or improper information provided by the user, nor for damages resulting from the misuse or incorrect use of TraX.

Statutory consumer rights remain unaffected.

14 Contract Term and Termination

If the service is used as part of a paid subscription, the contract runs for the term selected and may be terminated at the end of that term.

Further details are set forth in the terms and conditions of the respective sales channel displayed at the time the contract is concluded.

15 Data Protection

Personal data is processed in accordance with the current privacy policy of Droniq GmbH, available at: https://droniq.de/datenschutz/

16 Changes to the Terms of Use

The Provider reserves the right to amend or supplement these Terms of Use to the extent necessary for legal reasons—in particular, in the event of changes to statutory or regulatory requirements—or due to technical advancements in TraX, adjustments to the scope of functionality, or changes to the services offered.

Changes to the Terms of Use will be communicated to the user in an appropriate manner, in particular through a notice within TraX or via email. The current version of the Terms of Use is available at (website placeholder).

If the user does not object to the amended Terms of Use within a reasonable period after receiving the notification and continues to use TraX, the amended Terms of Use shall be deemed accepted. The user will be informed of the right to object and the consequences of failing to object as part of the notification of changes.

The user’s statutory rights remain unaffected.

17. Special Terms by Distribution Channel

17.1 For iOS (Apple App Store)
If the app is obtained through the Apple App Store, the user agreement is concluded exclusively between the user and Droniq GmbH. Apple Inc. is not a party to this agreement.

Apple assumes no responsibility for the app, its content, or functionality and is not obligated to provide support or maintenance services. The user’s statutory warranty and liability claims exist exclusively against Droniq GmbH.

The purchase of paid services, subscriptions, or in-app purchases is made exclusively through the Apple App Store. Payments, cancellations, revocations, and refunds are governed by the terms and conditions set forth by Apple.

17.2 For Android (Google Play Store)
If the app is obtained through the Google Play Store, the user agreement is concluded exclusively between the user and Droniq GmbH. Google LLC is not a party to this agreement.

The provider is solely responsible for the app, its content, and the statutory warranty. The purchase of paid services takes place exclusively through the Google Play Store. The processing of payments, cancellations, revocations, and refunds is governed by the terms and conditions set forth by Google.

17.3 For Web Applications (Droniq Online Store)
If the contract is concluded via the Droniq GmbH online store, Droniq GmbH is the user’s sole contractual partner. Payment processing, cancellations, revocations, and refunds are handled exclusively in accordance with the terms and conditions specified in the online store.

18 Right of Withdrawal

Consumers are entitled to a statutory right of withdrawal.

The right of withdrawal may expire prematurely for digital content if the user has expressly agreed during the ordering process that performance of the contract will begin before the expiration of the withdrawal period and has confirmed their awareness that the right of withdrawal will expire.

19 Final Provisions

German law applies.

The statutory provisions regarding the venue of jurisdiction for consumers remain unaffected.

Should any provision of this agreement be or become invalid or void in whole or in part, or should a gap requiring supplementation arise, the validity of the remaining provisions shall remain unaffected.

The invalid, void, or missing provision shall be replaced by a provision that most closely approximates the economic purpose of the invalid, void, or missing provision. The same applies in the event of a gap in the provisions.