General Terms and Conditions („GTC“) of spaceopal GmbH for the registration and use of NAVCAST, spaceopal.com and navcast.spaceopal.com
Purpose
1.1 NAVCAST, spaceopal.com and navcast.spaceopal.com is a online-service for the provision of precision enhancement information for GNSS (“platform”) provided by spaceopal GmbH, Arnulfstraße 58, 80335 München (“SPO”).
1.2 The registration on the platform and its use by users (“users“) takes place in accordance with these GTC. The use of individual functionalities of the platform may take place on the basis of supplementary terms and conditions. In this case, users will be informed separately thereof. Deviating and supplementary provisions of such supplementary terms and conditions shall prevail over the provisions of these GTC.
1.3 These GTC as well as the supplementary terms and conditions for individual services and functions are available at any time at NAVCAST, spaceopal.com and navcast.spaceopal.com. The most recent version of the GTC as well as the supplementary terms and conditions apply,provided that the user does not object to the validity of the new regulations within 4 weeks after we have expressly informed him of these and the consequences of his silence.
1.4 The platform and services provided on the platform are not provided to consumers.
Duration of the contract, termination
2.1 Upon completion of the registration, the user and SPO conclude a user agreement on the use of the platform by the user (“user contract”). This authorizes the user to use certain functions of the platform, possibly on the basis of supplementary terms and conditions.
2.2 Upon completion of the registration, the user receives a password-protected access to his user account (“user account“), in which he can view and change his user data after logging in to the user area (“user area“).
2.3 If the user chooses free as well as fee-based services and functionalities under the validity of supplementary terms and conditions, he concludes a single contract (“individual contract“) with SPO.
2.4 The user agreement is concluded for an indefinite period and may be terminated by either party at any time by notice in writing (e.g. e-mail, letter, fax). The termination of the user agreement also includes the individual contracts concluded under the user agreement.
2.5 The right of the parties to terminate the user contract without notice and/or the individual contracts concluded hereunder shall remain unaffected by the provisions of the preceding paragraphs.
User obligations
3.1 The user is prohibited from misusing the services and functionality of the platform. Therefore, users are particularly obliged to
3.1.1 provide all information required for the registration accurately and in full, in particular – but not exclusively – not to make any false identity information;
3.1.2 to use the services and functionality of the platform exclusively in accordance with the applicable national and international laws and regulations, in particular, not to infringe third party rights, such as personal rights, copyrights, trademarks, name rights and other intellectual property rights of third parties;
3.1.3 not publish or link – if such functionality is or will be provided – information containing any unlawful or immoral content, in particular – but not limited to – information containing (1) pornographic, (2) racist, (3) violence glorifying, (4) minorities discriminating or other contents of offensive nature;
3.1.4 check all files (such as logos and other images) they upload to the platform – if such functionality is or will be provided – with an up-to-date anti-virus program and to upload only files that are free of viruses, worms, trojan horses, spyware or other harmful components.
Publishing of copyrighted or other protected content by the user; exemption of claims for third parties
4.1 Provided that the user uploads and/or publishes copyrighted or otherwise protected contents – if such functionality is or will be provided –, in particular – but not limited to – image files, photos, logos, company marks, trademarks etc., he declares that he is entitled to do so. At the same time, the user grants to SPO a revocable, free-of-charge, temporally and spatially unlimited right to use such protected content on the platform within the framework of the services and functionalities for which the user has uploaded / posted it.
4.2 The user indemnifies SPO from all claims of third parties in connection with the use of any content uploaded and/or published by him, insofar as SPO has used this content on the platform within the framework of the services and functionalities for which the user uploaded/published it. This includes the reimbursement of the reasonable costs of a defense against such claims of third parties; the user will adequately support SPO in the defense of such claims.
Availability of the platform, elimination of malware etc.
5.1 As far as SPO provides free services and functionalities, these are not contractually owed, unless otherwise provided in an individual contract, and may at SPO’s sole discretion be changed or discontinued at any time without prior notice.
5.2 SPO will endeavor to offer free services and functionalities available on the platform as uninterrupted as possible. Even with all due care, downtime cannot be ruled out. Through maintenance, further development or malfunctions, the possibilities of use may be restricted or temporarily interrupted. This can result in loss of data under certain circumstances. SPO does not assume any liability for interruptions or other disruptions caused by incorrectly created files or formats that are not structured correctly.
5.3 The availability of fee-based services and functionalities of the platform is at least 99% on annual average. The calculation of availability does not take into account any maintenance that may cause the platform or some services and functionalities to be unavailable at this time or limited in availability. Furthermore, the calculation does not take into account any availability restrictions that may be outside of SPO’s area of responsibility, especially – but not limited to – force majeure.
5.4 SPO is entitled to refuse the upload and storage of data by the user that SPO believes to contain computer viruses or similar harmful content. If possible, SPO will inform the affected users immediately upon discovery of such data. Should such data compromise the integrity and/or usability of the platform’s services and functionality, we may also delete such information without prior notice to prevent (further) damage.
Liability
6.1 SPO is liable without limitation for damages resulting from culpable injury to life, body or health in accordance with applicable laws.
6.2 For other forms of damages SPO is only liable if the damage is based on a willful act or gross negligence on the part of its legal representatives, employees or vicarious agents. In addition, SPO is liable in case of slight negligence with regard to fee-based services and functionalities if material contractual obligations (“material obligations“) are violated. Material obligations are those duties whose fulfillment only make the proper execution of the contract possible and on whose fulfillment the user may regularly rely. In the case of non-intentional damage, the liability for damages under this paragraph shall in any case be limited to the foreseeable damage typically occurring in such contracts.
6.3 SPO is not liable for the data and information uploaded to the platform by users or other third parties with regard to their completeness and accuracy or that they are free of third party rights or that the user or third parties act lawfully by uploading or publishing data to the platform.
6.4 Mandatory legal regulations such as the Product Liability Act remain unaffected by the limitations of liability of the preceding paragraphs.
Miscellaneous
7.1 The user contract and the individual contracts concluded hereunder are subject to the laws of the Federal Republic of Germany with the exclusion of its conflict of laws rules and the provisions of the UN Convention on Contracts for the International Sale of Goods.
7.2 The place of jurisdiction for the user contract and all and any individual contract concluded thereunder, as well as any legal disputes arising out of their origin and effectiveness, is the registered office of SPO. SPO is however entitled to call the courts responsible for the place of business of the user.
7.3 Contract language is German.
7.4 If one or more of the aforementioned clauses of these GTS are or become invalid over time, the remaining clauses remain unaffected.
7.5 The user can only set off against claims of SPO with undisputed or legally established claims.