The use of the Service requires that you provide certain details or information in relation to the drones used, the pilots, the intended flights, and other content (the “Content”).
Digital Sky is in no way whatsoever responsible for the Content and shall not take up any responsibility whatsoever should the Content not be correct or not be complete. You will be solely responsible for the posting or provision of the Content. Digital Sky shall not be responsible for any subsequent actions taken by you or by any user under your or other granted account, caused by your input of Content. Only you are responsible for your use of the Service, for any Content that you post to the Service, and for any consequences thereof.
Digital Sky shall not be responsible for any refusal by the civil aviation authority to grant any permission, certification or license requested.
3. Ability To Contract
You may use the Service only if you can form a binding contract with Digital Sky and are not a person barred from receiving or using the Service under the laws of Belgium or other applicable jurisdiction. You shall be responsible for full compliance with all legal and regulatory requirements, in particular but not limited to the requirements provided by the legislation regarding the use of RPAS in the Belgian airspace. Persons younger than 18 (eighteen) years shall not register for the Service.
If you are accepting the Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
You represent and warrant that you have all the rights, power and authority necessary to provide the Content and to use the Service.
4. Data Protection
Any kind of personal data obtained from you is used only internally for the proper functioning of the Service and your Digital Sky account. Digital Sky, as data controller, shall securely process the personal data in accordance with local laws, including the Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data. Pursuant to the applicable data protection laws, you have the right to access and correct your personal data processed by Digital Sky. If you want to access or correct your personal data, you can send an e-mail to the following email address [email protected] Sky.org.
Your personal data will not be transferred to third parties without your consent, except where this is necessary in the framework of the provision of the Service (e.g. where it is necessary to transmit personal data to the civil aviation authority with regard to a flight approval request). As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and notifications. These communications are considered part of the Service. You can opt-out of most communications from Digital Sky including our newsletter, notification emails, etc. Please see the Manage reporting section of your Settings.
5. Account Access And Password
If you use Digital Sky on a public computer or on a computer which is accessible by others, make sure to log out at the end of your use of the Service. As most of the data you enter is confidential you are solely responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Any successful login using your account access and password, regardless of whether it was executed by you or someone else, will be deemed as a personal act by you. If you know, or have reason to believe that your account access and password were stolen or misused, or in case of any other security issue, please notify Digital Sky immediately by calling Digital Sky on e-mail to [email protected]
Digital Sky cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
6. Limited Software License
Digital Sky grants you the non-exclusive, personal, non-transferable, limited right and license to use the Service (“License”). All rights not specifically granted are reserved by Digital Sky. The Service is licensed, not sold, for your use. Your License confers no title or ownership in the Service, and should not be construed as a sale of any rights in the Service. The License shall also apply to patches or updates you may obtain for the Service, unless that patch or update is accompanied by additional terms.
The License is subject to the following limitations (“License Limitations”). Any use of the Service in violation of the License Limitations will result in an immediate termination of your License, and continued use of the Service will be an infringement of Digital Sky’s copyrights in and to the Service. You agree that you will not do, or allow, any of the following: (1) exploit the Service or any of its parts commercially; (2) copy, reproduce, distribute, display or use any part of the Service except as expressly authorized by Digital Sky herein; (3) copy the Service onto a hard drive or other storage device unless the Service makes a copy itself during installation or operation; (4) sell, rent, lease, license, distribute, or otherwise transfer the Service or any copies thereof; (5) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Service, in whole or in part; (6) hack or modify the Service; (7) remove, disable, or circumvent any proprietary notices or labels contained on or within the Service.
7. Property Rights
All rights, title, and interest in and to the Service are and will remain the exclusive property of company and its licensors. Any feedback, comments, or suggestions you may provide regarding Digital Sky, or the Service, is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Fees And Service
The prices payable for the Service you order are those displayed on www.Digital Sky.org , including all taxes except GST. Payment shall be made by one of the methods you have selected during the ordering process. From time to time Digital Sky may change its payment policies and fees for the Service including the addition of costs for newly added or tailored functions. The changes to the fees or payment policies are effective upon your acceptance of those changes. Unless otherwise stated, all fees are quoted in EUR. Any outstanding balance becomes immediately due and payable upon termination of this Agreement. An interest rate for late payments in conformity with the Act of 2 August 2002 on the combatting of late payments in commercial transactions is due, by operation of law and without prior notice, as well as a lump sum of 10% of the amounts not paid on the due date with a minimum of 125 EUR, notwithstanding the right of Digital Sky to evidence that a higher burden is suffered and ask for additional damages such as, but not limited to, the collection expenses (including attorneys’ fees) incurred by Digital Sky. These compensations will be included in the amount owed, and may be charged to the credit card or other billing mechanism associated with your account. This clause does not deprive the rights of the parties to bring the dispute to court.
9. Termination9.1 Adaptation Of The Service And Ending Of The Service
The Service always is evolving and the form and nature of the Service may change from time to time without prior notice to you.
Digital Sky may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally, without notice period in case of force majeure, and with two weeks prior written notice in all other cases.
Digital Sky retains the right to create limits on use and storage at its sole discretion, at any time without prior notice to you.9.2 Duration
The Terms will continue to apply until terminated by either you or by Digital Sky. You may terminate the Terms with Digital Sky at any time for any reason by sending us a request to end your account, by giving at least two weeks prior written notice to Digital Sky.
We may suspend or terminate your account(s) or cease providing you with all or part of the Service at any time for any reason, including, but not limited to, if we reasonably believe that: (1) you have violated the Terms, (2) you create risk or possible legal exposure for us; or (3) our provision of the Service to you is no longer commercially viable. We will make reasonable efforts to notify you at the email address associated with your account or the next time you attempt to access your account.
10. Disclaimers And Limitations Of Liability
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users whom you have given access to the Content. Digital Sky does not guarantee that the Service corresponds to your expectations and intended uses. Digital Sky makes no warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use and non-infringement.
In no event will Digital Sky (“Digital Sky” includes any company affiliated with and any of their employees, managers, officers and agents) be liable for any damage resulting from the use or malfunction of the Service, including, but not limited to, damage to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, even if Digital Sky has been advised of the possibility of such damage. Digital Sky’s liability shall not exceed the actual price paid for the license to use the Service. Nothing in these terms shall limit or exclude Digital Sky’s liability for its own wilful faults or negligence. Digital Sky is not liable for wilful faults or negligence of its employees or agents.
11. Availability Of The Service
Digital Sky is merely a tool; in no form whatsoever it can be considered as a replacement nor guarantee for your safety and/or quality policy. The Service, including, without limitation, Digital Sky content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, Digital Sky makes no representations nor warranties nor endorsements of any kind whatsoever, express or implied, as to: (1) the Service; (2) the Digital Sky content; (3) user Content; or (4) security associated with the transmission of information to Digital Sky or via the Service. In addition, Digital Sky disclaims all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
Digital Sky does not represent or warrant that the Service will be error-free or uninterrupted, that defects will be corrected, or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. Digital Sky does not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or useful. The aeronautical data (i.e. representation of aeronautical facts, concepts or instructions in a formalised manner suitable for communication, interpretation or processing) or aeronautical information (i.e. information resulting from the assembly, analysis and formatting of aeronautical data) is provided to you on an “as is” basis, on an “as available from public sources” basis. Digital Sky is not liable and does not accept any liability whatsoever for the use of incorrect aeronautical data and/or information. The user remains responsible to verify the used aeronautical data and information in official sources. You acknowledge that your use of the Service is at your sole risk. Digital Sky does not warrant that your use of the Service is lawful in any particular jurisdiction, and Digital Sky specifically disclaims such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms. By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
Digital Sky does not endorse content and specifically disclaims any responsibility or liability to any person or entity, such as but not limited to any loss, damage, injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
12. Specific Terms For Consumers
For consumers in the European Union and other countries: these Terms apply without prejudice to your statutory rights as a consumer. For such consumers, the clauses 12.1 to 12.3 shall prevail over other conflicting clauses in these Terms to the extent that these other clauses are not valid in a business to consumer relationship:
12.1 Right Of Withdrawal
You have the right to withdraw from the remotely executed Terms within 14 days after the day of execution of the Terms without any costs by sending a registered letter or an e-mail to Digital Sky at [email protected] You can, however, not invoke the right of withdrawal if the Service were already fully provided by Digital Sky with your explicit consent.
You have the right to terminate the Service that Digital Sky provides to you by giving a one month written notice by sending a registered letter or an e-mail to Digital Sky.
We may suspend or terminate your accounts or cease providing you with all or part of the Service, including, but not limited to, if we reasonably believe that: (1) you have violated these Terms, (2) you create risk or possible legal exposure for us; or (3) our provision of the Service to you is no longer commercially viable, and without any indemnity or compensation to be paid to you by giving a one month prior written notice at the email address associated with your account, notwithstanding the right of Digital Sky to terminate the Terms with immediate effect in cases of force majeure.
Digital Sky will only be responsible for loss or damage that you suffer that is a foreseeable result of the breach of these Terms by Digital Sky or its negligence.
12.3 Dispute Resolution
In the case of disputes with regard to the Service and/or the Terms you may contact Digital Sky by the following e-mail address [email protected]
13. Applicable Law And Jurisdiction
These Terms and any action related thereto will be governed by the laws of Belgium without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Service shall be subject to the jurisdiction of the courts located in Dendermonde, Belgium, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
14. No Waiver Of Rights
The failure of Digital Sky to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
16. Entire Agreement
These Terms are the entire and exclusive agreement between Digital Sky and you regarding the Service and these Terms supersede and replace any prior agreements between Digital Sky and you regarding the Service.
A Specific Agreement may be concluded between Digital Sky and business customers. Such Specific Agreement shall be governed by these Terms to the extent that they do not conflict. In case of conflict between these Terms and the Specific Agreement, the Specific Agreement shall prevail.
We may revise these Terms from time to time, the most current version will always be available at https://www.digitalsky.org/legal-digitalsky.html We will notify you via e-mail to the email associated with your account. By continuing to access or use the Service or by the payment of the Service provided by Digital Sky after those revisions were notified to you, you agree to be bound by the revised Terms which will then have entered into force. If you have any questions about these Terms, please contact us.Terms effective as of: 1 October 2019