1. Terms of Access

Anyone (a User or you) who accesses and/or uses Flyability' cloud solutions (Cloud Solutions) acknowledges having read, understood and agreed to these ToU. Any use of the Solutions on behalf of a legal entity is deemed acceptance of these ToU also for this legal entity.

To use the Solutions or the Services, you must (i) be and remain authorized by an organization which is a customer of Flyability in connection with the Cloud Solutions (the Organization) and (ii) have received from your Organization or us initial credentials for the registration of your account.

2. Beta Services

From time to time, Flyability may make Beta Services available to the User at no additional charge. Beta Services are new or different services, or functionality thereof, made available to our customers and Users for testing and evaluation, such as pilot, limited release, early access, etc. and are clearly designated as beta or by a similar description. Customers and Users may choose to use such Beta Services in their sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not fully supported and may be subject to additional terms that may be presented to the Users. Beta Services are provided on an “as-is” and “as available” basis without any warranty, support, maintenance, storage, confidentiality, security, service-level agreement or indemnity obligation of any kind and so, which are hereby disclaimed notwithstanding anything to the contrary in the agreement. For the avoidance of doubt, all restrictions and customers and Users' obligations in the agreement shall also apply to Beta Services. Flyability may discontinue or change Beta Services at any time in its sole discretion and may never make them generally available, or may impose additional conditions or restrictions for their use. 

3. Users’ Duties and Responsibilities

You are responsible for the quality and confidentiality of your account credentials and for the use that is made of your account, including any third party's use irrespective of whether you authorized such use or not. 

You must at all times comply with these ToU and all laws and regulations applicable to your use of the Cloud Solutions. Subject to mandatory law to the contrary, you are not allowed to: (i) copy, reproduce, frame, mirror, crawl, republish, modify, create derivatives of, any part of the Cloud Solutions; (ii) attempt to copy, modify, create derivative works from, republish, transmit, distribute, or otherwise make available or disclose to any third party (other than your Organization) all or any portion of the Cloud Solutions, or of their content or infrastructure, except as otherwise stipulated in these ToU, or in the agreement with between us and your Organization; (iii) access the source code of the Cloud Solutions, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Cloud Solutions or their infrastructure; (iv) make any alteration to the Cloud Solutions, or insert any malicious software into the Cloud Solutions or their infrastructure; (v) access or use any part of the Cloud Solutions for the purpose of building a competitive product or service or copying its features or user interface. Furthermore, you must comply with any additional restrictions set forth by your Organization.

Without limiting the rights otherwise provided under these ToU, in the event of non-compliance with these ToU, we reserve the right to refuse you access to the Cloud Solutions or suspend your account. 

4. Support, Maintenance, and Availability

We will continuously seek to identify and attempt to resolve problems which may negatively affect the proper functioning and availability of the Cloud Solutions. Although we will use reasonable endeavors to maintain their availability, we do not guarantee it. If you encounter any problem regarding the Cloud Solutions, you may submit a request to our support team by email at support@flyability.com and we will respond as soon as possible.

5. Fair Usage Policy, Amendment and Suspension 

We reserve the right at any time to (i) temporarily or permanently interrupt licenses that do not comply with the following Fair Usage Policy and/or  (ii) revise the Fair Usage Policy and/or our pricing and/or product offering and apply such changes to the User at renewal of their subscription.

Fair Usage Policy

You agree to use a fair amount of storage (expressed in minutes of flight time) used per license and add-on as well a fair amount of transfer bandwidth (expressed in GB) as follows:

• Free license:                             80 minutes               10 GB/ month
• Cloud base license:                 4’000 minutes          85 GB/ month
• 100 inspections add-on:          4’000 minutes          85 GB/ month
• 200 inspections add-on:         8’000 minutes          170 GB/ month
• 1’000 inspections add-on:       80’000 minutes        850 GB/ month

6. Data protection

We have issued a privacy notice, accessible at www.flyability.com/legal, which describes how personal data is collected through the Cloud Solutions and for what purposes. That privacy notice, as amended from time to time, forms an integral part of these ToU. 

7. User Content

The Cloud Solutions allows Users to upload, publish or transmit Content (the User Content). Ownership in User Content you upload to the Cloud Solutions remains with you or your Organization, as applicable. We will only use your User Content to the extent required to provide and improve the Cloud Solutions and our technology, as further specified in our agreement with your Organization, these ToU or the Cloud Solution’s documentation. In addition, provided we use reasonable effort to anonymize it, we reserve the right to reuse your User Content for other purposes, including for data mining and to train machine learning models , for benchmarking and analytics purposes, and/or for developing and marketing new services. 

You represent and warrant that your User Content, and more generally your use of the Cloud Solutions, will not: (i) infringe, or cause a third party to infringe, any applicable law or regulation; (ii) infringe any intellectual property right, or other proprietary rights or right of publicity or privacy; (iii) include any false, incomplete or inaccurate information about yourself, your Organization, or any information about any other individual, company or other legal entity, or be defamatory or trade libelous; or (iv) be inadequate, of inadequate language, obscene, immoral, or contain pornography. 

We reserve the right (but do not have the obligation) to adjust, refuse or remove any User Content at our sole discretion. If you have an account, you may access, download and/or remove      your User Content via your user interface. You are responsible for retaining a copy of all your User Content.

8. Flyability's IP

Except for your User Content, we and our licensors own all the copyright and all intellectual property rights in and to the Cloud Solutions and any content available through it. Subject to your compliance with these ToU and any additional applicable terms referred to on the Cloud Solutions, we grant you a non-exclusive, non-transferable, non-assignable, revocable and limited license, without the right to sublicense, to access the Cloud Solutions and the Content for your own personal use, strictly for the purpose of using the Cloud Solutions and the Services in accordance with these ToU. Except as stipulated otherwise in these ToU, you are expressly prohibited from using the Cloud Solutions on behalf or for the benefit of any third-party. We and/or our licensors reserve all rights to the Cloud Solutions not expressly granted herein.

9. Warranty and Liability

The Cloud Solutions are provided to you “as is” and “as available”. To the maximum extent permitted by applicable law, we expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, quality, quiet enjoyment and non-infringement of third-party rights, or availability of the Cloud Solutions. In particular, we make no warranty, express or implied, commitment or representation that the Cloud Solutions will meet your needs or the operation of the Cloud Solutions will be uninterrupted, secure or error-free.

You expressly acknowledge and agree that, to the extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages arising under tort law, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from: (i) the use, unavailability or inability to use the Cloud Solutions, (ii) the unauthorized access to or alteration of your data, (iii) declarations or actions of any third party on or in connection with the Cloud Solutions, (iv) the Content available on the Cloud Solutions, as well as all linked websites and all documents disseminated on the Cloud Solutions, (v) any other cause relating to the Cloud Solutions. 

10. Miscellaneous

If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision. 

These ToU and the relationship between you and us, shall be governed by Swiss law, to the exclusion of its conflict of laws rules and the Vienna Convention on the International Sale of Goods. 

The competent courts at the registered office of Flyability  have exclusive jurisdiction to settle all disputes in connection with these ToU, subject to any mandatory forum prescribed by law. Notwithstanding the preceding, nothing in these ToU prevents us from seeking injunctive relief or any other remedy available at law in any jurisdiction in case of any infringement of our intellectual property rights. 

11. Contact

For any questions regarding the Cloud Solutions or the ToU, you may contact us at support@flyability.com.

12. Amendments

These ToU may be amended from time to time, in which case you will be notified by any appropriate means (including via e-mail, or via the Cloud Solutions, e.g. through banners, pop-ups or other notification mechanisms). Any use of the Cloud Solutions subsequent to this notification shall constitute acceptance of the ToU, as amended.

Last updated: 17.09.2024