Terms and Conditions
This document was last updated on December 7, 2022
These terms and conditions (“Terms”, “Agreement”) are an agreement between FlyPard Analytics GmbH (“FlyPard Analytics GmbH”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the geopard.tech website and any of its products or services (collectively, “Website” or “Services”). Please note that the use of our API is covered by API Terms of Service (https://geopard.tech/apiterms/) which are an integral part of this Agreement, and by accepting these Terms you also agree to be bound by API Terms of Service (if applicable).
1. Accounts and membership
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
2. User content
2.1. We do not own any data, information or material other than the results of the Services use (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to provide other companies with access to your data. But you grant us permission to access, copy, distribute, store, transmit, reformat, display, analyze and perform the Content of your user account as required for the purpose of providing the Services to you and for the development, production of other products or services. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
2.2. By accepting these Terms you grant us a permission to make references to you as our client on the Website, our social media and in our promotional materials for marketing purposes along with placement of your logo, service marks or trademarks (whatever is applicable), or place such information and images along with your Feedback.
2.3. If you provide us with any review, feedback, comment, suggestions, or recommendations for improvement, relating to the Services (“Feedback”) in any form and by any means, then you further grant us any and all intellectual property or other rights allowing us to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner we deem appropriate, any and all Feedback, and to sublicense the foregoing rights, from the moment you submit such Feedback to us. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You represent and warrant that you have all rights necessary to submit the Feedback, and that you are an authorized person to provide the Feedback on behalf of a legal entity (if applicable).
2.4. We reserve the right to delete your user data in the following cases:
(a) you change the scope of Services received, and the previously uploaded user data goes beyond the new scope of the Services;
(b) termination of the Agreement,
(c) your subscription period for the Services expired, and you haven’t renewed the subscription for the Services for a new period.
User data is to be deleted within ten (10) calendar days after change in the Services scope, termination of the Agreement or expiration of your subscription for the Services accordingly.
3. Billing and payments
3.1. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If you purchase the Services through one of authorized Service distribution agents of FlyPard Analytics GmbH as listed at https://geopard.tech/, then Service distribution agent will issue you all required invoices and you shall pay all fees or charges to your account to the appropriate agent. Please be advised that only Service distribution agents listed at https://geopard.tech/ are entitled to receive payments for the Services and we are not obliged to provide you Services if you made payment for the Services to any third party not listed at https://geopard.tech/. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
3.2. If, in addition to the scope of Services provided to you in accordance with the Terms you wish to use our professional services, i.e. consultations regarding the Services, development, revision, customization of the Services (its specific functions/elements) and others (“Professional Services”) for your needs, we reserve the right, but have no obligation to, provide you with the Professional Services. To get the Professional Services to the extent you need, you shall submit the Order Form (a template may be provided by us upon the request), which is an integral part of this Agreement, or contact us via the e-mail.
4. Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
6. Links to other websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, FlyPard Analytics GmbH will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
7. Prohibited uses
7.1. In addition to other terms as set forth in the Agreement, you are prohibited from using the Website, Services or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
7.2. When using the Services you shall not and shall not permit any other person to:
(a) access or use the Services or its Content other than in the course of your ordinary business activities, except as expressly permitted by this Agreement;
(b) use the Services, results of use of the Services and any intellectual property and data pertaining to them for training any computer models or neural networks or conduct any other activities for the purpose of building or replicating the third party intellectual property or results of its use, Services or third party services, results of its use, data received from interface, performing functions and features available in the interface directly or indirectly, Services Content;
(c) copy, modify or create derivative works or improvements of the Services or its Content;
(d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services or its Content to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
(e) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services or its Content, in whole or in part;
(f) input, upload, transmit or otherwise provide to or through the Services, any information or materials that are unlawful or injurious, or contain, transmit or activate any any software, hardware or other technology, device or means, including any virus, worm, malware or other malicious computer code;
(g) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, in whole or in part;
(h) access or use the Services or its Content in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property rights or other right of any third party, or that violates any applicable law.
8. Intellectual property rights
8.1. This Agreement does not transfer to you any intellectual property owned by FlyPard Analytics GmbH or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with FlyPard Analytics GmbH. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of FlyPard Analytics GmbH or FlyPard Analytics GmbH licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any FlyPard Analytics GmbH or third-party trademarks.
8.2. All rights, title and interest in and to Professional Services and its deliverables, including all intellectual property rights therein, are and will remain with FlyPard Analytics GmbH. Customer has no right, license or authorization with respect to any of the Professional Services or its deliverables, unless otherwise provided in the Order Form or any other relevant document.
9. Disclaimer of warranty
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein. Advice given on this website does not exempt you from conducting your own checks on our latest advice, on our services and products, with a view to their suitability for the intended processes and purposes.
10. Limitation of liability
10.1. There shall be no liability for the content of our Website or Services. To the fullest extent permitted by applicable law, in no event will FlyPard Analytics GmbH, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if FlyPard Analytics GmbH has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of FlyPard Analytics GmbH and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to FlyPard Analytics GmbH for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
10.2. You have and will retain sole responsibility for: (a) all your Content and its use; (b) all information, instructions and materials provided by you or on your behalf in connection with the Services; (c) your information technology infrastructure, including computers, software, databases, electronic systems (including database management systems) and networks, whether operated directly by you or through the use of third-party services; (d) the security and use of your account, and its access credentials; and (e) all access to and use of the Services and its Content via your account, including the use of the Services violating these Terms; (f) third party rights infringements resulted from your use of Services, its Content.
You agree to indemnify and hold FlyPard Analytics GmbH and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services, the matters you retain sole responsibility for or any willful misconduct on your part, including your prohibited use of the Services as described in the clause 7.2 herein.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
13. Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Nordrhein-Westfalen, Germany without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Germany. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Nordrhein-Westfalen, Germany, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
15. Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the top of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
16.1. The term of this Agreement shall commence on the date of acceptance the terms of the Agreement by you and continue until terminated by either Party.
16.2. We may in our sole discretion with immediate effect by notifying you by e-mail suspend this Agreement with possibility of further termination if you violate any of your obligations provided herein and fail to cure the violation within thirty (30) calendar days from receipt of written notice of breach.
16.3. Either Party may terminate this Agreement upon prior written notice to the other Party sent no later than thirty (30) days prior to termination date.
16.4. Upon termination of this Agreement, you will immediately (i) cease the use of the Services, (ii) pay us all outstanding fees, charges and expenses incurred through the date of termination, (iii) lose access to the User content (your User content will be deleted).
17. Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
18. Contacting us
If you have any questions about this Agreement, please contact us.