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
Validity and conclusion of contract
These Terms of Use govern 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. Customers can publish orders for drone-based services on this platform, to which drone service providers can submit an offer and communicate with customers. Drone service providers can then be commissioned. They then carry out the service and can send the data produced to the customer via the platform. Once the customer has successfully accepted the data, 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 terms and conditions 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 the event of express written confirmation. This also applies in the event that the customer bases the conclusion of the contract on his own terms and conditions, even if skyzr does not object to them when it becomes aware of them.
When registering, the customer enters his/her first name, surname and e-mail address, and sets a password. The customer then 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 receives an e-mail to confirm their e-mail address. After confirming the e-mail address, the customer will be granted 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 their contact details and address. If the customer wishes to purchase paid content from drone service providers, they can conclude the respective contract directly with the drone service providers.
Registration
Registration is required to use the platform. To register, the customer needs an e-mail address and a password of their choice. An e-mail will be sent to the customer to confirm the registration.
The customer is obliged to provide truthful and complete information when registering. Skyzr reserves the right to check the correctness in individual cases.
There is no right to registration. Skyzr is authorised to reject a registration without giving reasons.
Obligations of the customer
In order to be able to use the services of the platform to their full extent, the customer must use the latest (browser) technologies or enable their use. If older technologies are used, the customer may not be able to use the services to their full extent.
The customer must treat the access data (password, user name) as strictly confidential and protect it from unauthorised access by third parties. If the customer passes on the access data (password, user name) to third parties, he is liable to skyzr and the drone service provider for all damages caused by this.
If the client publishes a review about drone service providers, the client is obliged to provide fair and truthful information. Skyzr is authorised to delete reviews without giving reasons.
The customer is obliged to ensure an appropriate backup of the data.
Duration and cancellation
The contractual relationship regarding 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 for the drone service provider.
Skyzr has the right to terminate the contractual relationship subject to a notice period of one month to the end of the month. Furthermore, we are entitled to terminate the contractual relationship for good cause with immediate effect. Good cause shall include in particular
A breach 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.
Right of cancellation of the consumer according to § 11 FAGG
Right of cancellation
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 – unless a legal exception applies – within fourteen calendar days without giving reasons. The cancellation 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 cancellation notice within the period.
The declaration of cancellation can also be made electronically using the sample cancellation form below. If the delivery of digital content not stored on a physical data carrier is commenced prematurely before the expiry of the cancellation period and the consumer agrees to this and is informed of the loss of the right of cancellation, the consumer has no right of cancellation.
Consequences of cancellation
If the consumer withdraws from the contract, the trader shall return the payments made by the consumer (customer), including the delivery costs (with the exception of the additional costs resulting from the fact that the consumer has chosen a type of delivery other than the cheapest standard delivery offered by the trader), The consumer shall refund the payments made by the consumer (customer), including delivery costs (with the exception of the additional costs resulting from the fact that the consumer has chosen a type of delivery other than the most favourable standard delivery offered by the trader) and reimburse the necessary and useful expenses incurred by the consumer for the item, and the consumer shall return the goods received and pay the trader reasonable compensation for their use, including compensation for any associated reduction in the fair market value of the goods.
The consumer shall bear the direct costs of returning the goods.
If the consumer cancels a contract for the delivery of digital content not stored on a physical data carrier, the consumer is not obliged to pay for services already provided by the trader.
Sample cancellation form
If the customer wishes to cancel the contract, the following form can also be used:
“I/we () hereby cancel 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 post or e-mail:
skyzr GmbH
Phorusgasse 8/2/6, 1040 Vienna
office@skyzr.com
Cancellation of the right of withdrawal according to § 18 FAGG
If the delivery of digital content not stored on a physical data carrier is started prematurely before the expiry of the cancellation period and the consumer agrees to this and is informed of the loss of the right of cancellation, the consumer has no right of cancellation.
Prices
The registration and publication of orders on the platform are free of charge. Any costs incurred in connection with the use of the platform for data transfer with the network operator or similar shall be borne by the customer.
Availability / Decommissioning of the service
Skyzr does not guarantee the constant 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 beyond Skyzr’s control and therefore beyond its control and which are not accessible through the services offered by Skyzr via the Internet, cannot be excluded.
Skyzr is entitled to shut down the service that is the subject of this contract, in whole or in part, if its security or the security of customers is jeopardised. This right of Skyzr also exists if the continued operation of the Service or parts of the Service is not economically reasonable for Skyzr. The customer shall inform Skyzr of such measures without delay.
Liability
If the customer is an entrepreneur, the following shall apply: The parties shall be liable for the compensation of damages that have been culpably caused. They shall not be liable for slight negligence. In the event of gross negligence, liability shall be limited to the value of the delivery/service concerned (excluding taxes and fees); in the case of recurring services, liability shall be limited to the remuneration for the previous year. Limitations of liability do not apply to compensation for personal injury. Claims for damages shall in any case only include the mere repair of damage, but not consequential damage, loss of profit or claims by third parties.
Claims for damages must be asserted in court within six months of becoming aware of the damage and the damaging party, otherwise they shall lapse.
The aggrieved party must provide proof that any damage incurred is due to the fault of skyzr. The injured party must also provide proof that he is not at fault for any damage incurred. This applies to all forms of fault (slight/gross negligence, intent).
Liability for data loss or damage to devices, hardware or software used by the recipients of skyzr services is only accepted if such damage or loss could not have been avoided by reasonable and appropriate data backup measures and the use of backup and defence software.
Insofar as online services of skyzr offer the possibility of accessing websites, database services and similar. In so far as online services of skyzr offer the possibility of accessing third party websites, database services, etc., for example through links, skyzr is in no way liable for the accessibility, existence or security of these databases or services, nor for their content. Liability, if applicable, can only be considered within the framework of the ECG under the limitations agreed here.
Data protection
Skyzr complies with the applicable data protection regulations, in particular the Data Protection Act (DSG) and the General Data Protection Regulation (GDPR).
Specific information on how customer data is processed can be found during registration and in the privacy policy.
Copyright
The contents of the platform are protected by copyright. The rights holder is skyzr or the respective drone service provider unless otherwise stated in detail. The customer receives a non-exclusive licence for his own internal use of the platform to the extent described in these terms of use.
Changes to the terms of use
The customer will be informed of any changes to these Terms of Use and asked to confirm them. If these are not confirmed, the customer may terminate this contract with immediate effect.
Applicable law
This contract shall be governed by Austrian substantive law to the exclusion of the mandatory conflict of laws rules of private international law (e.g. IPRG, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. Pursuant to Art. 6 para. 2 Rome I Regulation, however, this choice of law shall not result in the contractual partner being deprived of the protection of mandatory provisions of the law of the state of his habitual residence; these shall continue to apply.
Final provisions
Should provisions of this contract be legally ineffective, invalid and/or void or become so in the course of its duration, this shall not affect the legal effectiveness and validity of the remaining provisions.
The contract language is German.