Terms of use for customers of the Skyzr platform (B2C / B2B)
skyzr GmbH
Phorusgasse 8/2/6
1040 Vienna
FN 548231 y
office@skyzr.com
Status: 01.03.2022
1. validity and conclusion of the contract
These Terms of Use deal with the use of the platform provided by skyzr GmbH (hereinafter "skyzr" or "us") (hereinafter "Platform") by Customers. The use of the Platform itself (e.g. registration) is exclusively based on these Terms of Use. On this platform, customers can publish orders for drone-based services, on which drone service providers can place an offer and communicate with customers. Subsequently, drone service providers can be commissioned. These then perform the service and can send the produced data to the customer via the platform. After successful acceptance of the data by the customer, the drone service provider can be evaluated.
It is clarified that fee-based contracts with drone service providers on the platform are concluded on the basis of their respective GTC and their offer. All rights and obligations in connection with these fee-based contracts exist exclusively between the customer and the drone service provider.
Other conflicting terms and conditions (e.g. GTC) of third parties (e.g. the Customer) shall only apply in case of an explicit written confirmation. This shall also apply in the event that the Customer bases the conclusion of the contract on its own GTC, even if skyzr does not object thereto upon knowledge thereof.
Upon registration, the customer enters first name, last name and e-mail, and sets a password. After that, the customer agrees to these terms of use; this is done explicitly by selecting the checkbox "I agree to the terms of use.".
After submitting the form, the customer will receive an email to confirm his email address. After confirming the email address, the customer will get access to the platform. In order to publish a project as a customer, on which drone service providers can place an offer, the customer must also provide his contact details and address. If the customer wishes to purchase paid content from drone service providers, the customer can conclude the respective contract with the drone service providers directly.
2. registration
Registration is required to use the platform. For registration, the customer needs an e-mail address and a password chosen by him. An e-mail is sent to the customer to confirm the registration.
The customer is obliged to provide truthful and complete information during registration. Skyzr reserves the right to verify the accuracy in individual cases.
There is no right to registration. Skyzr is entitled to refuse registration without giving reasons.
3. obligations of the customers
In order to fully use the services of the Platform, the Customer must use or enable the use of the latest (browser) technologies. If older technologies are used, the customer may not be able to use the benefits (services) to the full extent.
The Customer shall treat the access data (password, user name) strictly confidential and protect them from unauthorized access by third parties. If the Customer discloses the access data (password, user name) to third parties, the Customer shall be liable to skyzr and the Drone Service Provider for any and all damages caused as a result thereof.
If the customer publishes a review about drone service providers, the customer is obliged to provide fair and truthful information. Skyzr is in any case entitled to delete reviews without giving reasons.
The customer is obliged to ensure an appropriate backup of the data.
4. duration and termination
The contractual relationship concerning the free use of the platform is concluded for an indefinite period. The customer has the right to terminate the contractual relationship at any time without notice and to delete the account. It is important to note that this does not affect the contractual relationship between the customer and the drone service provider. The same applies to any outstanding payments processed by skyzr on behalf of the Drone Service Provider.
Skyzr has the right to terminate the contractual relationship by giving one month's notice to the last day of the month. Furthermore, we are entitled to terminate the contractual relationship with immediate effect for good cause. Important reasons are in particular:
A violation of these Terms of Use;
The provision of false data;
Violation of third party rights (in particular data protection, copyright or personal rights);
Violation of other legal provisions.
5. right of withdrawal of the consumer according to § 11 FAGG
1. right of withdrawal
The customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), may withdraw from a contract concluded outside the business premises of the entrepreneur or from a distance selling contract - if no statutory exemption applies - within fourteen calendar days without giving reasons. The withdrawal period is fourteen calendar days. In the case of contracts for digital content, it begins with the conclusion of the contract. It is sufficient if the consumer (customer) has sent the declaration of withdrawal within the period.
The declaration of withdrawal can also be made electronically using the model withdrawal form below. If the delivery of digital content not stored on a physical medium is started prematurely before the expiry of the withdrawal period and the consumer agrees to this and is informed about the loss of the right of withdrawal, the consumer has no right of withdrawal.
2. consequences of the revocation
If the consumer withdraws from the contract, then the entrepreneur must concurrently (if applicable) the payments made by the consumer (customer), including the delivery costs (with the exception of additional costs resulting from the fact that the consumer has chosen a different method of delivery than that offered by entrepreneur, most favorable standard delivery offered by Entrepreneur) and to reimburse the necessary and useful expenses made by the Consumer on the matter, as well as the Consumer to return the received goods and to pay Entrepreneur a reasonable compensation for the use, including compensation for any associated reduction in the fair value of the goods.
The consumer has to bear the direct costs of the return.
If the consumer withdraws from a contract for the delivery of digital content not stored on a physical data carrier, he shall not be liable to pay for any services already rendered by the entrepreneur.
3. sample cancellation form
If the customer wants to revoke the contract, the following form can also be used:
"I/we (*) hereby revoke the contract concluded by me/us (*) for the use of the skyzr Platform.
Conclusion of contract/purchase on ...
Name of the consumer(s) ...
Address of the consumer(s) ...,
Date...
Signature of the consumer(s)".
The completed text can be sent by mail or e-mail:
skyzr GmbH
Phorusgasse 8/2/6, 1040 Vienna
office@skyzr.com
4. cancellation of the right of withdrawal according to § 18 FAGG
If the delivery of digital content not stored on a tangible medium is commenced prematurely before the expiry of the withdrawal period and the consumer consents to this and is informed of the loss of the right of withdrawal, the consumer shall have no right of withdrawal.
5. prices
The registration and publication of orders on the platform are free of charge. Any costs of data transfer to the network operator or similar arising in connection with the use of the platform shall be borne by the customer.
6. availability / shutdown of the service
Skyzr does not warrant the continuous availability of its services. Downtimes due to maintenance, software updates and due to circumstances (such as technical problems of third parties, force majeure), which are not within the sphere of influence of Skyzr and are therefore also beyond its control and cannot be reached by the services offered by it via the Internet, cannot be excluded.
Skyzr shall have the right to shut down the Service, which is the subject of this Agreement, in whole or in part, if its safety or the safety of Customers is endangered. This right of Skyzr shall also exist if the continued operation of the Service or parts of the Service is economically unreasonable for Skyzr. Skyzr shall notify Customer of such measures without undue delay.
7. liability
If the customer is an entrepreneur, the following shall apply: The parties shall be liable for compensation for damages culpably caused. They are not liable for slight negligence. In case of gross negligence, the liability is limited to the amount of the value of the affected delivery/service (excl. taxes and fees), in case of recurring services to the remuneration of the previous year. Limitations of liability do not apply to compensation for personal injury. Claims for damages shall in any case only include the pure repair of damage, but not consequential damages, loss of profit or claims by third parties.
Claims for damages must be asserted in court at the latest within six months of knowledge of the damage and the damaging party, otherwise they will be forfeited.
The aggrieved party shall have to prove that any damage incurred by him is due to skyzr's fault. The aggrieved party shall also prove that he/she is not at fault for the damage incurred. This shall apply to all forms of fault (slight/gross negligence, intent).
In any case, skyzr shall only be liable for loss of data or damage to devices, hardware or software used by the recipients of skyzr's services, if such damage or loss could not have been avoided even by reasonable and appropriate data backup measures and use of backup and defense software.
To the extent that skyzr's online services offer the possibility of accessing third party websites, database services, etc. skyzr shall not be liable in any way for the accessibility, existence or security of such databases or services, nor for their content. Liability, if applicable, shall only be considered within the scope of the ECG subject to the limitations agreed upon herein.
8. data protection
Skyzr complies with the applicable provisions of data protection law, in particular the Data Protection Act (DSG) and the General Data Protection Regulation (DSGVO).
Specific information on how customers' data is processed can be found during registration and in the privacy policy.
9. copyright
The contents of the platform are protected by copyright. The copyright holder is skyzr or the respective drone service provider unless otherwise stated in detail. Customer is granted a non-exclusive license for its own internal use of the Platform to the extent described in these Terms of Use.
10. changes to the terms of use
In case of changes to these terms of use, the customer will be informed and asked to confirm them. If they are not confirmed, the customer may terminate this contract with immediate effect.
11 Applicable law
This contract shall be governed by Austrian substantive law, excluding the mandatory rules of private international law (e.g. IPRG, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. According to Art 6 (2) Rome I Regulation, this choice of law does not deprive the contracting party of the protection of mandatory provisions of the law of the state of its habitual residence; these continue to apply.
12. final provisions
Should any provisions of this contract be legally ineffective, invalid and/or void or become so in the course of their duration, this shall not affect the legal effectiveness and validity of the remaining provisions.
The contract language is German.