AGB

General Terms and Conditions of Droniq GmbH incl. the Droniq Academy Terms of Use

Status: April 2022

 

1 Validity of the General Terms and Conditions

1.1 These General Terms and Conditions of Delivery and Service (hereinafter referred to as "GTC") apply to all orders placed by the customer on the internet portal www.droniq.de with Droniq GmbH, Ginnheimer Stadtweg 88, 60431 Frankfurt, Germany (hereinafter referred to as "Droniq"). Droniq shall be the sole contractual partner.

1.2 The contractual relationship between Droniq GmbH and the customer shall be governed exclusively by these agreements. Droniq shall not recognize any deviating or conflicting terms and conditions of the customer or third parties unless Droniq has expressly agreed to them in writing. Failure to object to additional or contradictory terms and conditions of the customer shall not constitute a waiver or consent on the part of Droniq.

1.3 The granting of rights to the customer on the basis of these GTC expressly does not include the granting of rights to companies that are affiliated companies of the customer within the meaning of Section 15 AktG.

1.4 According to the context, words in the singular include the plural and vice versa; in the same sense, the masculine form of a word includes the feminine and vice versa.

1.5 General information on the products can be found at: www.droniq.de.

 

2 Subject matter of the contract

2.1 Before sending the Internet order, the customer has the opportunity to check and change all details again.

2.2 The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the "Order now for a fee" button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods.

2.3 The order is processed and all information required in connection with the conclusion of the contract is transmitted by e-mail. You must ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by spam filters.

 

3 Storage of the contract text

The contract text and the order data are stored by Droniq.

 

4 Delivery

4.1 In the case of software products, the customer must observe the respective terms of use.

4.2 Access to the user-specific UTM software shall be sent to the customer by e-mail.

4.3 In the case of online products, Droniq fulfills its contractual delivery obligation by providing online access. As a rule, online access is available in the customer's account immediately after ordering.

4.4 The hardware shall be delivered ex warehouse. At the customer's request and expense, the goods will be shipped to another destination. Unless otherwise agreed, Droniq shall be entitled to determine the type of shipment (in particular transport company, shipping route, packaging) itself.

4.5 Partial deliveries/performances shall be permissible, provided that they are reasonable for the Customer.

4.6 Droniq may refuse performance if such performance requires an effort which, taking into account the content of the contract and the principles of good faith, is grossly inconsistent with the Customer's interest in performance. This shall be the case in particular if the omitted performance or production or the performance or production in breach of duty does not or only insignificantly affect the Customer.

4.7 If it is not possible to provide the service, Droniq may withdraw from the contract and need not provide the promised service. In this case, Droniq undertakes to inform the Customer immediately about the non-performance and to reimburse any consideration already paid by the Customer without delay. In this case, there shall be no claim for damages in the event of simple negligence.

 

5 Delivery periods

5.1 The commencement of the delivery period as well as compliance with delivery dates shall be conditional upon the customer's timely and proper performance of the cooperation activities incumbent upon it and the making of any agreed advance payments.

5.2 Delivery periods shall only be deemed agreed upon after express written confirmation by Droniq. They shall be deemed to have been met upon timely notification of readiness for dispatch if the Products cannot be dispatched in time through no fault of Droniq.

5.3 Without prejudice to Droniq's rights arising from Customer's default, deadlines and dates shall be extended by the period of time by which Customer fails to meet its obligations towards Droniq.

5.4 If the delivery of the goods is delayed due to force majeure measures, such as labor disputes, strikes, lockouts, pandemics or other events in Germany or abroad for which Droniq is not responsible, the performance period shall be extended appropriately by the duration of the impairment and its after-effects. This shall also apply if these circumstances occur at the respective manufacturer or supplier of the goods from whom Droniq has ordered the goods for its part. Insofar as the event of force majeure results in permanent impossibility of performance, Droniq shall be entitled to withdraw from the contract. Droniq shall notify Customer without delay of the beginning and end of such impediments.

 

6 Transfer of risk and default of acceptance

6.1 The risk of accidental loss and accidental deterioration shall pass to the customer at the latest upon handover. However, if the goods are sent to another destination at the customer's request, the risk of accidental loss and accidental deterioration shall already pass upon delivery to the forwarding agent, carrier or other person or institution designated to carry out the shipment.

6.2 If Customer is in default of acceptance or if shipment is delayed at Customer's request, Customer may be charged for the costs incurred for storage at Droniq's or at a third party's premises, starting with the notification of readiness for shipment.

 

7 Information obligations of the customer

7.1 The Customer is obliged to provide truthful information upon registration. If the Customer's data changes, in particular name, address, e-mail address, telephone number, the Customer shall be obliged to change its customer master data in its customer account or to notify Droniq thereof immediately via the e-mail address info@droniq.de.

7.2 If the Customer fails to provide this information or provides incorrect data from the outset, in particular an incorrect e-mail address, Droniq may withdraw from the contract insofar as a contract has been concluded. The withdrawal shall be declared in text form (e.g. by letter, fax or email).

7.3 Droniq will send an e-mail to the Customer immediately after the conclusion of the Contract to the e-mail address provided by the Customer during registration. The Customer undertakes to inform Droniq immediately at: info@droniq.de if this e-mail has not reached him within 4 hours after the conclusion of the Contract.

7.4 Customer shall ensure that it can be reached at the e-mail address provided by it from the time Droniq becomes aware of it.

7.5 If an e-mail sent to the Customer cannot be delivered three consecutive times with receipt of an error message or if the service cannot be provided due to incorrect address, Droniq may withdraw from the contract and, if applicable, demand compensation from the Customer for the damage it has incurred.

7.6 In order to order the products from the online store, the Customer must provide his data necessary for the execution of the order. At the same time, the user name and password allow the Customer to view and, if necessary, change his data.

7.7 User name and password are necessary in the case of Internet orders and when retrieving online products to place the order. The data can be used for further orders. In all other cases, the customer can register with the first order.

7.8 The customer is obliged to keep the user name and password in a safe place. It is the customer's responsibility to handle the user name and password in such a way that loss is impossible and third parties cannot gain knowledge of them.

7.9 In case of loss of the user name and password, the Customer is obliged to inform Droniq immediately. This can also be done by e-mail to info@droniq.de. Droniq reserves the right to block the Customer's access to the protected area immediately upon receipt of the notification. The blocking can only be lifted after the customer has submitted a written request to Droniq. The possible re-registration of the customer remains unaffected.

7.10. If a third party has obtained knowledge of the user name and/or password due to careless handling of the access authorization data, the Customer shall be liable for any damage resulting therefrom.

7.11. Droniq reserves the right to withhold Services on the Website or to close Member Accounts. This applies in particular in the event that you violate applicable law, contractual agreements or our policies.

 

8 Continuing obligation

Within the framework of a continuing obligation, the terms and periods of notice shall apply in accordance with the order made.

 

9 Rights of use

9.1 Upon conclusion of this Agreement, the Customer shall receive the non-exclusive, non-transferable right, limited to the term of the Agreement, to use the UTM License in Germany.

  • for the preparation, execution and follow-up of its flight projects
  • for the establishment and maintenance of prohibited zones
  • To be used to approve applications.

9.2 Unless otherwise agreed, the UTM License shall be used on one device. The user name (user ID) and password of the Customer assigned to the Customer may not be used on multiple devices at the same time. The right to use a device may not be shared or used on different devices at the same time.

9.3 The customer is not allowed to do the following:

  • Download, copy (other than a backup copy), distribute to third parties, sell, lend or rent, in whole or in part, the UTM Software, directly or indirectly, by any means and for any purpose, unless expressly permitted in advance in writing by Droniq.
  • Modify, adapt, translate or combine the UTM Software or the source code of the UTM Software, in whole or in part, with other computer software, unless expressly agreed with Droniq.
  • Integrate the UTM software into other computer software. Customer is also not permitted to write, develop or outsource the development of derivative software or other software based on the UTM software.
  • In any way alter or remove any notices that Droniq has placed on the Product to identify their origin, (ownership) rights and authorship in the Product.
  • Remove the safety mechanisms of the product in any way.
  • Publish and/or reproduce and/or modify the Product in any other form without the prior, express and written consent of Droniq.
  • Extract, store or otherwise use processed and prepared (raw) data from the UTM software.

9.4 Unless otherwise agreed, the customer is prohibited from determining the design or functionality of the product by observing, examining, dismantling or testing the product ("reverse engineering").

9.5 Customer is further prohibited from decompiling Products without the consent of Droniq, unless this is expressly permitted by the UrhG (German Copyright Act).

 

10 Rights of use of Droniq Academy products

10.1 The subject of the contract may be participation in face-to-face events, online instruction, online examinations, courses, exercises and seminars (hereinafter referred to as "instruction").

10.2 Upon conclusion of the Agreement, the Customer shall receive, depending on the contractual provision, the non-exclusive, non-transferable right, limited to the term of the Agreement, to access the Online Academy and to receive purchased products of the Droniq Academy. Details are set forth in the Terms of Use for the Droniq Academy as amended from time to time.

10.3 The Customer shall be granted access to the Droniq Academy, in which its data shall be stored. Access to the Droniq Academy is granted for an indefinite period of time until one of the parties gives notice of termination. Thereafter, the access and all stored customer data will be deleted.

10.4 The period of use for the purchased services of Droniq Academy is based on the information stored in the product description on www.droniq.de.

10.5 The user name (user ID) assigned to the Customer and the Customer's password may not be used simultaneously on multiple devices. The right to use a device may not be shared or used on different devices at the same time.

 

11 Upgrades and updates

11.1 This Agreement does not entitle Customer to any upgrades or updates of the Product. Droniq may offer or provide upgrades or updates at any time. In this case, the provisions of this Agreement shall apply, unless otherwise agreed.

11.2 Customer is free not to use upgrades or updates. This may expose the Product to security risks, render it unusable or unstable. Droniq shall not be liable for any damage resulting from the non-use of upgrades or updates.

 

12 Product quality and guarantees

12.1 Unless otherwise agreed, the quality of the Products shall exclusively result from the product specifications/technical specifications of Droniq.

12.2 Properties of samples, specimens or product illustrations shall only be binding if they have been expressly agreed as properties of the product.

12.3 Droniq undertakes to render its contractually owed services with the greatest possible care and diligence in accordance with the generally recognized state of the art. Droniq shall employ qualified personnel for this purpose.

12.4 The use of the UTM License in connection with the 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 mobile radio and/or other transmission technologies. The unrestricted availability of these technologies cannot be guaranteed by Droniq. No claims can be made against Droniq.

12.5 If an adjustment of the Product has to be made due to statutory provisions, Droniq shall be released from its obligation to perform for the duration of the necessary adjustment work. In return, the customer shall be released from the obligation to pay for this period.

12.6 Faults in the UTM system shall be rectified as quickly as possible.

 

13 Links to third-party websites, internet connection

13.1 The UTM Software as well as the Droniq Academy may contain links and functions to third party websites and data. The availability, content of the websites or data is not managed, verified or guaranteed by Droniq.

13.2 Specific functions and products of the UTM software, the hardware as well as the Droniq Academy require a permanent internet connection. The stationary GBSAS additionally requires a permanent power supply. Customer is responsible for providing the Internet connection and power supply and bears all costs related thereto.

13.3 Droniq does not warrant that the UTM Software and/or the Droniq Academy can be used to a certain extent without an Internet connection.

 

14 Prices and shipping costs

14.1 The order will be processed immediately after its receipt by Droniq.

14.2 Shipping costs are not included in the purchase price, but are shown separately. Shipping costs for the costs of delivery to other countries can be viewed in the webshop at www.droniq.de.

14.3 The prices stated in the store are inclusive of VAT. When invoicing, the sales tax will be shown separately in its respective statutory amount.

 

15 Payment methods and conditions

15.1 Payment for the goods shall be made by credit card, optionally also on account, prepayment, PayPal or Sofortüberweisung.

15.2 The invoice amount shall be due upon acceptance of the order. If Customer is in default of payment, Customer shall compensate Droniq for any damage caused by such default in accordance with the statutory provisions. If Customer is in default with the payment of a due amount or partial amount for more than 14 days, Droniq may demand that Customer pays the purchase price for further deliveries from all current orders prior to shipment of the goods.

15.3 Unless expressly agreed, the Customer shall not be entitled to make any deductions.

15.4 Droniq's claims for remuneration may only be offset against claims that are undisputed or legally established or acknowledged by Droniq in writing. Customer shall only be entitled to exercise a right of retention if it is based on the same contractual relationship.

15.5 The assignment of claims against Droniq by Customer shall be excluded, unless it concerns a monetary claim assigned in the context of a commercial transaction.

 

16 Place of performance, fulfillment and supplementary performance

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

 

17 Warranty

17.1 In the event of a justified and timely notice of defect, Droniq shall remedy the defects by way of subsequent performance at its option by remedying the defect or by delivery of a defect-free item; in this context, Droniq shall only bear the costs necessary for the purpose of subsequent performance. Furthermore, Droniq shall be entitled to refuse subsequent performance in accordance with the statutory provisions.

17.2 The customer may demand rescission of the contract or reduction of the remuneration in accordance with the statutory provisions, but at the earliest after the unsuccessful expiry of two reasonable periods set by the customer for subsequent performance, unless the setting of a period for subsequent performance is dispensable under the statutory provisions. In the event of withdrawal, the customer shall be liable in the event of intent and any negligence for deterioration, loss and any benefits not derived.

17.3 All information about products, in particular the illustrations, drawings, weights, dimensions and performance specifications contained in offers and printed materials, are to be understood as approximate average values, unless expressly stated otherwise. They are not a guarantee of quality, but descriptions or identifications of the products.

17.4 If Customer or on Customer's behalf fails to follow Droniq's operating or maintenance instructions, makes changes to the Products, replaces parts or uses consumables that do not comply with the original specifications, any warranty shall lapse unless Customer proves that the defect is not due to such failure.

17.5 The prerequisite for any warranty rights of the customer - with regard to the delivered products - is the customer's proper fulfillment of all inspection and complaint obligations owed according to § 377 HGB. This only applies to merchants in the sense of the HGB. Claims for material defects shall become statute-barred 12 months after delivery of the products. Regardless of the customer's knowledge of a defect in performance, the period shall commence from the time of handover to the customer. This shall not apply to claims for damages due to intentional or grossly negligent fault and also not to claims for damages due to injury to life, body, health or in the event of the applicability of the ProdHaftG.

17.6 Droniq does not guarantee the completeness of the geodata, radar data and other data.

 

18 Revocation instructions and revocation forms

18.1 For online courses and exams

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Droniq GmbH, Ginnheimer Stadtweg 88, 60431 Frankfurt am Main, Germany or info@droniq.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation
If you revoke the contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Expiration of the right of withdrawal
The right of withdrawal expires prematurely if we have provided the service in full and have only begun to perform the service after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal upon complete fulfillment of the contract by us.

18.2 For purchases of goods

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. To exercise your right of withdrawal, you must inform (Droniq GmbH, Ginnheimer Stadtweg 88, 60431 Frankfurt am Main, Germany or info@droniq.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to "DRONIQ GmbH, Ginnheimer Stadtweg 88, 60431 Frankfurt am Main, Germany" without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

18.3 Sample cancellation form

If you wish to revoke the contract, please fill out and return this form.
(*) Please delete as applicable.

  • To DRONIQ GmbH, Ginnheimer Stadtweg 88, 60431 Frankfurt am Main, Germany or info@droniq.de
    I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
  • Ordered on (*)/ received on (*)
  • Order number/ Customer number
  • Name of the customer
  • Address of the customer
  • Signature of the customer (only in case of notification on paper)
  • Date

19 Liability

19.1 Droniq shall be liable for damages in case of intent and gross negligence in accordance with the statutory provisions. The same shall apply in the event of negligently caused damage resulting from injury to life, body or health. In the event of any damage to property or financial loss caused by negligence, Droniq shall only be liable in the event of a breach of a material contractual obligation, however, limited in amount to the damage foreseeable at the time of the conclusion of the contract and typical for the contract; material contractual obligations are those whose fulfillment characterizes the contractual relationship and on which the Customer may rely.

19.2 With the exception of intent, gross negligence, injury to life, body or health and claims based on the German Product Liability Act (ProdHaftG), the total liability shall be limited to the contract value (net).

19.3 With the exception of intent, gross negligence, injury to life, body or health and claims based on the German Product Liability Act (ProdHaftG), liability for consequential and indirect damages shall be excluded. Liability is also excluded for damages that are atypical or unforeseeable in the case of essential contractual obligations, or if insignificant contractual obligations are affected.

19.4 Insofar as claims for damages have arisen in accordance with this provision, these shall become statute-barred within 12 months of the provision of the respective service.

19.5 This shall not apply to claims for damages due to intentional or grossly negligent fault and also not to claims for damages due to injury to life, body, health or to claims based on the ProdHaftG.

19.6 In case of rental, the Lessee undertakes to treat the items and accessories with care and to protect them from loss (including theft) and damage and unauthorized use.

19.7 The Lessee shall immediately report to the Lessor any losses as well as defects and damages of the items that occur during the rental period. The repair processing in case of occurred defects and damages of the articles shall be carried out exclusively by the Lessor.

19.8 The Lessee shall be liable for any damage to the rental object culpably caused by him as well as for any other damage caused by the Lessee culpably failing to comply with his obligations. The liability of the Lessor is limited to intent and gross negligence in accordance with § 599 BGB.

19.9 In case of loss of rented property, the Lessee shall compensate for the loss.

 

20 Retention, offsetting and assignment

20.1 The Customer may only offset claims of Droniq against an undisputed or legally established counterclaim.

20.2 The Customer shall only be entitled to assert rights of retention on the basis of counterclaims arising from the same contractual relationship.

20.3 The assignment of claims against Droniq by Customer shall be excluded.

 

21 Receipt of declarations and amendments to the agreement

21.1 Unless otherwise provided herein, legally relevant declarations or notifications to be made to a party shall become effective if they are received by that party in text form.

21.2 Amendments and/or supplements to the contract must be made in writing. They shall be expressly designated as amendments and/or supplements to the contract. The same shall apply to the waiver of the written form requirement. The written form requirement shall not be complied with by e-mail.

 

22 Data protection

Insofar as one of the Parties receives personal data within the meaning of Regulation (EU) No. 2016/679 (Basic Data Protection Regulation - DSVGO) or the German Federal Data Protection Act (BDSG), the Receiving Party warrants that it will comply with all relevant European and German data protection regulations. The Receiving Party is aware of the fact that both confidential information and other content or information of the Publishing 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 relevant European and German data protection regulations. The contract text and the order data will be 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 which make the contractual performance considerably more difficult for Droniq or temporarily impede or render impossible the proper performance of the contract. During the existence of force majeure, Droniq's obligations shall be suspended.

24.2 Force majeure shall be deemed to be all circumstances beyond the control of the Parties, regardless of whether they were already apparent at the time of the contractual relationship. In this case, Droniq shall not be required to fulfill its contractual obligations. This shall also apply to subcontractors engaged by Droniq. Force majeure includes but is not limited to: Fire, flood, drought, earthquake, storm, epidemics, pandemics and other natural disasters; governmental actions and decisions of authorities such as. War, invasion, acts of foreign enemies, hostilities (with or without declaration of war) civil war, rebellion, revolution, insurrection, military or usurped power or seizure, acts of terrorism, nationalization, seizure, destruction of or damage to property on behalf of any government either de jure or de facto, or of any public, municipal or local authority, or imposition of an embargo or similar action; Government order, blockade; sabotage, strike, lockout; by any other cause of like or different nature beyond the reasonable control of the party concerned.

24.3 If the force majeure lasts for more than three (3) months without interruption (or if Droniq can justifiably assume this period), Droniq shall be entitled to terminate the contractual relationship in whole or in part or to declare its withdrawal. In this case, liability or payment due to the termination of the contractual relationship is excluded. In the event of a termination or withdrawal, services already rendered by Droniq shall be paid. Any termination or withdrawal must be made in writing.

 

25 Product-specific regulations

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 provide the contractually agreed services properly and to maintain them during the entire rental period. Droniq shall not be liable for defects that were known to the customer at the time of the conclusion of this contract.

If there are any defects in the Hardware, Customer shall notify Droniq of such defects without undue delay.

If two or more HODs approach each other, the GPS signals may be affected. Droniq assumes no liability for this.

In case of simultaneous use of the UTM hardware and other transmitting devices, the proper functionality must be ensured by suitable integration tests by the purchaser. If these are not carried out, Droniq shall not assume any liability for possible impairments.

25.2 Services of the Droniq Academy

Droniq provides instruction to the best of its knowledge and belief. Droniq cannot assume any obligation for exact compliance with values and application possibilities.
Droniq does not owe the successful participation or the successful completion of a training course by the course participant. Furthermore, Droniq does not assume any guarantee for a learning success of the Course Participant.
When providing instruction and examinations, the Parties are entitled to terminate the contract in whole or in part at any time for good cause. If the important reason consists in the violation of an obligation of this contract, the extraordinary termination is only permissible after the unsuccessful expiry of a period set for remedy or after unsuccessful complaint.
In particular, an important reason for termination of instruction exists in the following cases, if:

  • a course participant endangers the learning success of the other participants, especially if he or she causes a tremendous slowdown in the training;
  • a course participant fails to attend more than half of the training units through his/her own fault;
  • a student repeatedly fails to follow the instructor's course-related instructions (e.g., preparation for the course);
  • a student insults or injures teachers or other participants in a manner that is not merely insignificant.

In these and comparable cases, Droniq may also exclude the relevant course participant from participation in the instruction without the customer having a right to reduce the price.
Any cancellation must be made in text form.
In the case of instruction, cancellation of participation by the course participant is possible free of charge up to 5 weeks before the start. Cancellation at a later date or non-participation shall not affect the obligation to pay the full course or seminar price. In such cases, the course participant shall be entitled to prove that Droniq has not incurred any damage or that the damage was of a lower amount. Participation in instruction sessions only for part of the time - regardless of the reason - shall not entitle the course or seminar price to be reduced.
Droniq reserves the right to cancel instruction sessions if the number of participants falls below the minimum number or if the teaching staff is ill or for other reasons for which Droniq is not responsible. The course participant will be informed immediately. In addition, Droniq will endeavor to offer an alternative date. If necessary, any training fees already paid will be refunded.

25.3. consultations

The subject of the order is an individually contractually agreed service. A concrete success is not owed.
The order shall be executed in accordance with the principles of proper professional practice. Droniq is entitled to make use of experts and other third parties for the execution of the order.
Droniq decides at its own discretion which employees will be used for the execution of the order. Droniq reserves the right to replace individual employees.
The Customer undertakes to provide Droniq with all necessary support free of charge and, in particular, to supply the information required within the scope of the subject matter of the contract. Upon Droniq's request, Customer shall ensure appropriate working conditions at the project site and shall inform Droniq without special request of all documents, processes and circumstances that may be of importance for the execution of the order.
Upon Droniq's request, Customer shall confirm in writing the correctness and completeness of the documents submitted by it as well as its information and oral statements.
Customer and Droniq may terminate the contract for good cause. The notice period is 14 days.
If the contractual relationship ends prematurely, Droniq shall be entitled to remuneration for the work performed up to that point.

 

26 Severability clause

Should any present or future provision of this contract be invalid or void in whole or in part, or should a gap in this contract or its supplements become apparent that requires supplementation, this shall not affect the validity of the remaining provisions. In the event of an invalid provision, the parties shall be obliged to negotiate an effective and reasonable replacement provision which comes as close as possible to the economic purpose pursued by the parties with the invalid provision.

 

27 Applicable law

The contractual relationship shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

 

28 Place of jurisdiction

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

General Terms of Use of the Droniq Academy

Status April 2022


1 Scope of application and conclusion of contract

1.1 These Terms of Use apply to all internet services of Droniq GmbH, Ginnheimer Stadtweg 88, 60431 Frankfurt / Germany, hereinafter also referred to as "Droniq Academy", which require registration and which can be accessed via the URLs on www.droniq-academy.de, www.droniq-akademie.de or academy.droniq.de including all subpages or apps (Android, iOS). If you register with the Droniq Academy as a user, you must agree to these Terms of Use. After submitting this declaration and completing registration, a binding contract is concluded between you and Droniq Academy based on these Terms of Use. Droniq Academy provides its services exclusively on the basis of these Terms of Use.

1.2 The version of the Terms of Use current at the time of conclusion of the contract (for changes, see Section 8 below) and the current version of the General Terms and Conditions shall apply. These will be made known to you in the course of the purchase process at www.droniq.de.

1.3 These Terms of Use shall also apply if you use the offered services from other websites that provide access to these services in full or in part.

1.4 In addition to access to the content as well as the apps, functions such as user comments, learning notes, keywords (tags) and the like (hereinafter referred to as "user content") are also available to the user.


2 Registration with the Droniq Academy

2.1 Registration as a "User" is done by opening a member account, which implies your acceptance of these Terms of Use. Upon completion of the purchase at www.droniq.de, an email with a registration link as well as an activation code will be provided to the user. Minor users must submit a written consent form from their parent or guardian to Droniq Academy prior to registration.

2.2 Registration with the Droniq Academy is free of charge.

2.3 For the use and processing of the services offered, Droniq Academy is permitted to collect, store, process and use certain personal data of the user. Your data will always be handled in accordance with the statutory provisions. Further information on data protection in connection with the services offered by the Droniq Academy can be found in our Privacy Policy. It is possible to take exams online. For this purpose, the Droniq Academy uses the software of the company Proctorio GmbH, which, among other things, makes video, audio and screen recordings during the examination. The data protection information of Proctorio GmbH applies here.

2.4 You are obliged to provide truthful and complete information when registering and to keep this information up to date at all times. After registration, you will receive a confirmation to the e-mail address you provided. By clicking on the link listed in the e-mail, you confirm the accuracy of the information you have provided and complete your registration with the Droniq Academy.

2.5 If the Terms of Use and or the General Terms and Conditions change, you will be informed about this change by e-mail. If you do not agree with the changes, you can unsubscribe from Droniq Academy at any time.

2.6 Keep your access data secret! You are solely responsible for all activities that are carried out via your member account (for more details, see below, points 5 and 7).

2.7 Droniq Academy reserves the right to reject registration requests without giving reasons.

3 Services offered by Droniq Academy, use of content on the Droniq Academy website

3.1 The Droniq Academy provides an internet platform on which online course content of various disciplines can be offered and accessed in the form of videos, screencasts, documents or in any other form ("Online Course Content").

3.2 The services and course content offered on the Droniq Academy website are provided to you partly free of charge and partly for a fee. Fee-based offers are clearly marked.

3.3 The content offered on the Droniq Academy website, regardless of whether it is user content or course content, may only be used by registered users for their own purposes in accordance with the contract, i.e. viewed online on the Droniq Academy website and offline only via the Droniq Academy app or other channels provided by Droniq Academy. Downloading outside the ways provided by Droniq Academy by Users is not permitted, regardless of the purpose. If content is offered for download, it may only be downloaded in accordance with the associated terms of use (e.g. payment) and may not be copied, further used or passed on to third parties. The right to download does not imply any transfer or further granting of copyrights; in this respect, Droniq Academy reserves all rights not expressly granted to the user. Content intended for download is always marked as such.

3.4 In order to be able to use the services offered by the Droniq Academy, you must fulfill certain technical requirements on your part, which are not the subject of the service offered by the Droniq Academy. In particular, you must have Internet access and an Internet-capable adequate terminal device with the software required for use (including an Internet browser). Droniq strongly recommends the internet browser "Chrome" for the use of the content. If you have chosen the product "Online Examination", further system requirements are necessary for the execution of the training, see also: Proctorio FAQ for students.

In addition, Droniq recommends restarting the computer and closing all applications on the computer before starting the scan.


4 User obligations

4.1 You acknowledge the information obligations set forth in the General Terms and Conditions of Droniq GmbH for services of the Droniq Academy (GTC) (see GTC, section 7).

4.2 You agree to comply with all applicable laws and regulations when using the services of the Droniq Academy. In particular, you may not publish or make available via Droniq Academy any content, material or information that violates any legal provisions and/or these Terms of Use. In particular, the reproduction, publication and distribution (including via radio, TV or the Internet) of Droniq Academy content (videos, downloads, other materials made available), in any form whatsoever, is prohibited, no copyrights are transferred to you in any form.

4.3 You may not misuse the services offered by Droniq Academy in any way whatsoever. Misuse shall be deemed to exist in particular in the following cases:

  • Use beyond personal contractual purposes, in particular use that would require the granting, transfer or exercise of rights under the Copyright Act;
  • Publish or distribute pornographic, obscene, sexist, defamatory, libelous, abusive, threatening, hateful or racist content, information, software or other material;
  • Taking any action that impairs or may impair the functionality of Droniq Academy's services (e.g. by using "robot", "spider" or "offline reader" software to automatically generate user requests via the Internet; e-mail bombing; denial-of-service attacks; inclusion of harmful components such as viruses, worms, Trojan horses, etc.);
  • Modification or distribution of areas of the offer, including areas of other users, which 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 the submission of inaccurate or unjustified ratings, which, for example, circumstances that are not related to the use or quality of the content presented or the service itself;
  • Publication of posts and information with misleading and/or untruthful content.

5 Rights to user content

5.1 If you post comments, learning notes, keywords (tags) and similar ("User Content" as defined in Section 1.5) with the Droniq Academy, you retain any rights to such content to the extent possible. You grant us rights to such User Content only to the extent that we need them to display such User Content in our Services as intended and to make it publicly available.

5.2 You can remove your User Content posted on Droniq Academy at any time by yourself (for the regulation for e-authors, see their Terms of Use). You can also send us an email at info@droniq.de with a request to remove User Content. We will comply within 14 days if possible. Upon removal, any rights of use to the respective content granted to us pursuant to No. 1 above shall lapse.


6 Liability of the Droniq Academy

Droniq Academy shall be liable in accordance with the provisions set forth in the General Terms and Conditions for Services of Droniq Academy (Section 17 of the GTC).


7 Term of the user agreement, deletion of content and exclusion from use

7.1 This user agreement is concluded for an indefinite period. It can be terminated by either party with three months' notice to the end of the month without giving reasons, but no earlier than the end of a paid or free course or the use of another service from us. Notice of termination must be sent by e-mail to info@droniq.de or in writing to the postal address of Droniq Academy stated in the preamble.

7.2 If you make use of a service offered by Droniq Academy for a fee (e.g. within the scope of a subscription), the term and notice period of the contract for the use of this service shall be determined by the overview of prices and services underlying the conclusion of the contract.

7.3 The right of the parties to extraordinary termination of the user relationship remains unaffected by the provisions of these Terms of Use. An important reason for extraordinary termination exists for the Droniq Academy in particular if you have provided false information during registration or if you significantly and/or repeatedly violate your obligations arising from these Terms of Use, in particular 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 to modify, supplement or delete the content of parts of the website or the entire offering at any time, at its own discretion and without stating reasons, or to temporarily or permanently discontinue the services, in particular to limit the storage space and/or data transmission volumes provided for individual services, provided that you are not unreasonably disadvantaged thereby contrary to good faith or in consideration of our interests. In the event of a discontinuation of the Services, you will be reimbursed for any services already paid for by you that Droniq Academy has not yet provided at the time of the discontinuation of the Services.

7.5 If Droniq Academy becomes aware that you are intentionally or negligently violating 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 block your access, block or delete your content and/or restrict the use of the provided services and functions without giving reasons. Prior to the blocking/deletion, you will receive a notification and a reasonable deadline to remedy the breach of duty. If your membership account has been blocked, you may only be granted renewed access to the services offered with the prior written consent of Droniq Academy. The Droniq Academy decides on your renewed admission at its own discretion.

7.6 Droniq Academy is also entitled to block your access without giving reasons if you have not used the services offered by us for a longer period of time and the access is free of charge for you. In this case, you can request a new access or re-register at any time.

7.7 You have the right to delete your Member account at any time without giving any reason. Send us a corresponding notification by e-mail to info@droniq.de and we will carry out the deletion for you as soon as possible. If you wish to have your personal data stored by Droniq Academy deleted, please also explain this in an e-mail to info@droniq.de. Account deletion does not release you from your contractual payment obligations.

8 Changes to the terms of use

8.1 The terms and conditions of use of the website applicable at the time of the user's registration form the basis of the user agreement. Droniq Academy reserves the right to change details of these Terms of Use at a later date, insofar as this appears necessary and you are not disadvantaged thereby contrary to good faith or unreasonably.

8.2 Subsequent changes to the Terms of Use will generally serve to improve the services of Droniq Academy requiring registration in your interest. Changes may also become necessary due to a change in the legal situation and/or jurisdiction or due to otherwise unforeseeable changes which are not caused by Droniq Academy and over which Droniq Academy has no influence and which would make the execution of the contract more difficult or impossible without an adjustment or amendment of the Terms of Use. Significant deviations from the Terms of Use in effect at the time of the conclusion of the contract and fundamental changes to the User Agreement are expressly excluded from the foregoing power to make changes and may only be made by mutual agreement between you and the Droniq Academy.

8.3 You will be notified of any changes or amendments to the Terms of Use by written or electronic notification with a reasonable notice period of at least four weeks. The changes or amendments will become part of the contract if you do not object to them within six weeks from their announcement and/or you continue to use the services of Droniq Academy requiring registration after this time. If you object to the changes, either party may terminate the usage agreement in accordance with the termination provision applicable prior to the change. Droniq Academy will explicitly inform you about the right to object and its consequences in the announcement of the changes.

9 Severability clause

Should any present or future provision of this contract be invalid or void in whole or in part, or should a gap in this contract or its supplements become apparent that requires supplementation, this shall not affect the validity of the remaining provisions. In the event of an invalid provision, the parties shall be obliged to negotiate an effective and reasonable replacement provision which comes as close as possible to the economic purpose pursued by the parties with the invalid provision.

10 Applicable law

The contractual relationship shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11 Place of jurisdiction

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

 

General Terms of Use of Droniq Maps
Status: September 2024

Droniq Maps is provided by Droniq GmbH, Ginnheimer Stadtweg 88, 60431 Frankfurt, Germany, free of charge to all interested users in Germany. 

 

Preamble

  1. Droniq stands for the safe integration of unmanned aerial vehicles/drones into manned airspace using innovative mobile radio technology. The Droniq solution portfolio enables drone pilots to fly their aircraft beyond visual range and carry out missions at a physical distance from their controller. Droniq is a joint venture between DFS Deutsche Flugsicherung and Deutsche Telekom.
  2. Droniq is committed to facilitating and promoting the safe and fair integration of flights with "drones" or "unmanned aerial systems" into the air traffic system. This app is intended to contribute to this.
  3. The user agreement applies to any use of the app and describes the terms and conditions of use as well as the rights and obligations of the user with regard to the use of the app.
  4. By clicking on a checkbox, the user declares that they have carefully read, checked and accepted this user agreement. The user is not authorized to use the Droniq app without agreeing to this agreement.
  5. The app and the information and results to be output by it are intended and programmed by Droniq exclusively for use in the Federal Republic of Germany.
  6. The app, the use of which is governed by this user agreement, was developed by DFS Deutsche Flugsicherung GmbH, with its registered office at Am DFS-Campus 10, 63225 Langen, Germany, commercial register number 34977 (hereinafter referred to as DFS).

 

The parties agree as follows:

1 Definition

1.1 Unless otherwise clearly indicated by the context, the following terms shall have the following meanings whenever used in this Agreement:

  • Device: Any computer or (mobile) device on which the app is installed and which enables the user to use the app.
  • User: any natural or legal person, regardless of their capacity and location, who uses the Droniq App and/or is granted a right of use to the App under this or any other agreement, and to the extent that they are considered to be the holder of the right of use.
  • Use(s): Use(s) of the App means, among other things: Downloading and/or installing the App, storing or loading the App in the temporary or permanent memory of a computer or device, using the App in accordance with its intended use, misusing the App, modifying the App by any means and removing the App.
  • Intellectual Property: All rights owned by Droniq, DFS or third parties that have granted Droniq or DFS ownership of the rights or use thereof 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 applications thereof 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, all provisions and appendices that constitute the rights and obligations of the User under the right of use granted to the User under this User Agreement.
  • App: All computer software developed by DFS and offered and/or sold by Droniq in any form, including the know-how associated with it, all upgrades, updates, modified versions, supplements and additions and equally the description of its operation and the applications provided by Droniq, all related media, the hardcopy documentation ('online' or 'offline'), electronic documentation and 'online' services, whether contained in the App or in separate documentation or on other data carriers. The App remains the property of DFS.
  • Unmanned aircraft: Unmanned aircraft systems and model aircraft within the meaning of the Air Traffic Act and the Air Traffic Regulations.

 

2 Acceptance 

By clicking on a checkbox, the user declares that he/she agrees to and accepts all the provisions of this agreement. The app and the right of use granted on the basis of this agreement shall also be deemed to have been accepted by the user at this time. The user has the right to terminate the agreement in accordance with the provisions of this agreement, whereby the statutory extraordinary right of termination remains unaffected. 

 

3 Limited right of use

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

3.2 The user is only permitted to use the app 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 user name (user ID) assigned to the user and the user's password may not be used on several devices at the same time.
  • Store or install the app on a central storage medium that is only used so that the app can be used on the user's internal network. However, the user must have a right of use for each device on which the app is used from the storage medium. The right of use for a device may not be shared or used on different devices at the same time. 
  • Create a copy of the app exclusively for the creation of a backup copy.

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

  • To copy the App in whole or in part, directly or indirectly, by any means and for any purpose (with the exception of section 3.3 para. 3), to distribute, sell, lend or rent it to third parties, unless this has been expressly permitted in advance in writing by Droniq.
  • Modify, adapt, translate or combine the App or the source code of the App in whole or in part with other computer software, except as necessary to comply with mandatory legal requirements or as otherwise expressly agreed with Droniq.
  • Integrate the App with other computer software; write, develop or outsource the development of derivative software or other software based on the App.
  • In any way alter or remove notices that Droniq or DFS have placed on the App to change its origin, Droniq's or DFS's (proprietary) rights in the App and DFS's authorship of the App.
  • Remove the app's security mechanisms in any way.
  • Publish and/or reproduce and/or modify the App in any other form without the prior, express and written consent of Droniq.
 

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 provide upgrades or updates at any time. In such event, at a minimum, and unless otherwise specified, the terms of this Agreement will always apply to any upgrades or updates.

4.2 The user is free not to use a particular upgrade or update of the app. However, this may expose the App to security risks or render it unusable or unstable. Not installing an upgrade or update of the App may also pose a security risk to the User and its device(s). Droniq accepts no responsibility in this respect.

 

5 Cooperation with third-party suppliers

5.1 The App may contain links or features that are dependent on third party websites and/or data belonging to, originating from or supplied (whether or not for a fee) by third parties. Droniq does not manage, verify or guarantee the availability and content of such websites or data supplied by third parties or the continuous availability of data originating from third parties.

5.2 Specific functions of the app require a permanent internet connection. The User is solely responsible for providing this Internet connection and bears all costs associated with it. Droniq does not assume any costs of such Internet connection and does not warrant that the App can be used to any or all extent without an Internet connection.

6 Using the app via application stores

6.1 Droniq also makes the App available via application stores such as the 'Apple App Store' and 'Google Play Store'. If the User obtains the App via an application store, the terms and conditions of the relevant application store may also apply. 

6.2 If the use of the App is subject to the terms and conditions of an application store and conflicts or ambiguities arise between this Agreement and the terms and conditions of an application store, the terms and conditions of the application store shall take precedence to the extent necessary to resolve a conflict or ambiguity. In all other cases, only this Agreement shall apply. The User acknowledges and accepts the obligation to review the provisions of this Agreement and the terms and conditions of an Application Store.

 

7 Warranties and liability

7.1 The App and the information and results to be output by it are intended and programmed by Droniq exclusively for use in the Federal Republic of Germany. Information and results issued by the App abroad and for drone ascents abroad are not subject to any quality control by Droniq.

7.2 Droniq makes no warranty with respect to the App and the User accepts the App as is ("as is") and without any express or implied statutory, regulatory or other warranty as to its condition, quality, performance or fitness for purpose. In particular, Droniq makes no warranty as to the fitness of the App for a particular purpose or the correctness, accuracy, reliability or distribution of the App or as to the financial viability or technical capabilities of the user in using the App or as to the installation, use and/or removal of the App.

7.3 The pilot of an unmanned aircraft is responsible for the operation of his unmanned aircraft. His responsibility to inform himself about the operation of the unmanned aircraft and the execution of a flight, to obtain the necessary authorizations and to comply with other obligations of a pilot remains unaffected by the use of the app and the information and results provided by it. The app offers the user or the pilot of an unmanned aircraft only non-binding, advisory assistance for 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, ascent permit or 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 which it is not 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 act of the customer or a third party.

 

8 Free use (fair use) - reverse engineering

8.1 The User acknowledges and agrees that the App is related to intellectual property, know-how and trade secrets and contains other information that is and shall remain the exclusive property of Droniq or DFS and that Droniq or DFS wishes to keep secret and strictly confidential.

8.2 Within the limits of applicable law, the User is strictly prohibited from reverse-engineering the App or examining the App in any way to derive 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 of the App's code. It is also prohibited to permit or - even by omission - allow the above. 

 

9 Remuneration

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

 

10 Term, termination and grounds for termination

10.1 The Agreement enters into force when the User clicks on the checkbox to accept the Agreement, whereby the User confirms that he/she accepts the Agreement unconditionally. The agreement is concluded for an indefinite period.

10.2 This Agreement shall be 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 shall lose all rights to use the App and the User shall be obliged to permanently remove all copies of the App. The User shall then also lose its access rights 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, text, images, software and the like) are or may be protected by intellectual property rights (including but not limited to copyright 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, broadcast, disseminate, re-offer, reproduce, publish, assign under license, transfer or sell the information or content received from Droniq or create derivative works from any of the foregoing.

11.3 The supply of products or services by Droniq or DFS does not constitute a transfer or assignment of their intellectual property rights except as provided in this Agreement. Any infringement of Droniq's, DFS's or any third party's intellectual property rights 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 flight and general operational data of the User, is and remains the exclusive property of Droniq. The 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 the information to improve Droniq's products and services, for communication purposes, account management, marketing and fraud prevention.

 

12 Confidentiality

12.1 The User undertakes to respect the secret and confidential nature of the App and all possible information that the User may receive in the context of this Agreement and the use of the App.

12.2 During and after this Agreement, the User shall not disclose or transfer such information to third parties or use it for any purpose other than the performance of this Agreement. At the end of this Agreement, the User shall return the Confidential Information received to Droniq upon Droniq's simple request. The User shall then cease any further use of such information.

12.3 Without prejudice to the general nature of the foregoing provision, the App, all data and information forming the basis thereof and the know-how and intellectual property of Droniq or DFS, as the case may be, shall be considered Confidential Information.

 

13 General provisions

13.1 Should a current or future provision of this agreement be invalid or void in whole or in part, or should a loophole in this agreement or its supplements be found that needs to be filled, this shall not affect the validity of the remaining provisions. In the event of an invalid provision, the contracting parties are obliged to negotiate an effective and reasonable replacement provision that comes as close as possible to the economic purpose pursued by the contracting parties with the invalid provision.

13.2 The User may not directly or indirectly transfer this Agreement or the rights and obligations arising from it without the prior written consent of Droniq.

13.3 This Agreement contains the entire agreement between the parties with respect to the draft of this Agreement and supersedes any prior negotiations or agreements. Except as otherwise expressly provided in the Agreement, the Agreement may only be modified or amended by a written agreement duly signed by authorized representatives of both parties. 

13.4 This Agreement shall be governed by and construed exclusively in accordance with the laws of the Federal Republic of Germany. German courts shall have exclusive jurisdiction for disputes between the parties.