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Terms of Service

1. Introduction

Welcome to SkyViz ("we", "us", "our"). We provide a web application for paragliding pilots to visualize and analyze their flight data. These Terms of Service ("Terms") govern your use of our services. By using SkyViz, you agree to these Terms.

2. User Accounts

To use SkyViz, you must register for an account, for instance by using a third-party service like Google. You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account.

We reserve the right to suspend, terminate, or delete your account at any time, with or without notice, for any reason or no reason, including but not limited to violation of these Terms, fraudulent activity, or any other conduct we deem inappropriate.

3. User-Generated Content

You can upload your flight data (e.g., IGC files). You retain all ownership rights to your data. However, by uploading data, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display that data in connection with the SkyViz service.

You are solely responsible for ensuring that any content you upload does not violate any third-party rights, including copyright, trademark, or privacy rights. SkyViz is not responsible for any violations of third-party rights resulting from your uploaded content.

4. Subscriptions and Payments

SkyViz offers both free and premium subscription services ("SkyViz Pro"). By subscribing to SkyViz Pro, you agree to the following terms:

  • Billing: Subscriptions are billed in advance on a monthly or yearly basis. Payment is processed through Stripe, our third-party payment processor.
  • Automatic Renewal: Your subscription will automatically renew unless you cancel before the renewal date.
  • Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period.
  • Refunds: We do not provide refunds for partial billing periods. Refunds may be provided at our sole discretion for exceptional circumstances, but we are under no obligation to provide any refunds.
  • Price Changes: We may change subscription prices with 30 days' notice. Price changes will not affect your current billing period.
  • Service Availability: We strive to maintain service availability but we do not guarantee uninterrupted access to SkyViz Pro features. Even for Pro plans, there is no guarantee of unlimited availability. We reserve the right to introduce usage limits, rate limiting, or other restrictions at any time, with or without notice, if usage is excessive or impacts service stability for other users.

5. Analytics

We use analytics tools to understand how our service is used and to improve it. This data is anonymized and aggregated where possible. For more details, please see our Privacy Policy.

6. Prohibited Conduct

You agree not to use SkyViz for any unlawful purpose or to engage in any conduct that could damage, disable, or impair our service. Specifically, you agree not to:

  • Resell, sublicense, or otherwise commercialize any content or data from SkyViz without explicit written permission.
  • Attempt to gain unauthorized access to SkyViz, other user accounts, or our systems.
  • Use SkyViz to transmit any harmful, unlawful, or inappropriate content or material.
  • Engage in any activity that could harm our reputation or the integrity of SkyViz.

7. Disclaimers and Limitation of Liability

SkyViz is provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that our service will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We may modify, suspend, or discontinue the service at any time, with or without notice, for any reason or no reason.

Paragliding is inherently dangerous. Do not rely on our service for safety-critical decisions. Our service is for recreational and analytical purposes only. You assume all risks associated with your use of the service.

To the maximum extent permitted by law, SkyViz, its maintainers, developers, operators, affiliates, service providers, and all related parties are not liable for any damages, losses, or harm of any kind resulting from your use of the service, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages, loss of profits, loss of data, service interruptions, errors, security breaches, or any decisions made based on information provided by SkyViz. In no event shall SkyViz's total liability exceed the amount you paid to SkyViz in the twelve months prior to the action giving rise to the liability, or zero dollars ($0) if you are a free user or have not paid anything.

8. Third-Party Service Reliance

SkyViz relies on various third-party services and APIs (e.g., mapping providers, payment processors, cloud infrastructure) to provide its functionality. The availability and performance of SkyViz are subject to the terms and operational status of these third-party providers, which are beyond our control.

  • Service Interruptions: We are not responsible for any interruptions, outages, or degradation of service caused by the failure or unavailability of third-party services.
  • Usage Limits: To ensure sustainable operation and fair usage, we reserve the right to monitor and, if necessary, limit excessive usage of features that incur significant costs or resource consumption from third-party services. Such limits will be applied at our sole discretion and may result in reduced functionality or temporary suspension for users exceeding reasonable usage thresholds.
  • Changes by Third Parties: Third-party services may change their terms, pricing, or discontinue their services at any time, which may impact SkyViz functionality. We are not obligated to adapt to such changes and cannot guarantee continued support for any features reliant on affected third-party services.

9. Data Processing

By using SkyViz, you agree that we may process your data as described in our Privacy Policy. This includes processing your flight data to provide our services and subscription information for billing purposes.

10. Governing Law

These Terms are governed by the laws of Switzerland, without regard to its conflict of law provisions.

11. Third-Party Data and Attribution Requirements

SkyViz uses third-party data and services, including but not limited to CesiumJS and Esri/ArcGIS services. For complete attribution details and data provider information, please see our Data Attribution page.

When using our application, you are required to:

  • Maintain Data Attribution: Keep all correct data attribution visible on all video files and exported content. This includes proper attribution to CesiumJS, Esri, and all data providers as specified on our Data Attribution page.
  • Comply with Provider Terms: Use all materials strictly according to the terms of service of map data providers, including but not limited to CesiumJS and Esri/ArcGIS terms of use.
  • Attribution Visibility: Ensure that attribution information remains clearly visible and readable in all recorded videos, screenshots, or exported content.
  • Commercial Use Restrictions: Be aware that some data providers may have specific restrictions on commercial use of their data. You must review and comply with all applicable terms before using content for commercial purposes.

12. User Responsibility and Liability Disclaimer

Important Legal Notice: SkyViz and its maintainers are not responsible for any violations of third-party terms of service, licensing agreements, or attribution requirements by users of this application.

  • User Sole Responsibility: You are solely and entirely responsible for ensuring your compliance with all applicable terms of service, licensing agreements, and attribution requirements of all third-party data providers and services.
  • No Liability: SkyViz, its maintainers, developers, and operators disclaim all liability for any legal consequences, penalties, or damages arising from user violations of third-party terms or licensing agreements.
  • Indemnification: You agree to indemnify and hold harmless SkyViz and its maintainers from any claims, damages, or legal actions resulting from your failure to comply with third-party terms or attribution requirements.
  • Due Diligence: You must independently verify and comply with all applicable terms and conditions before using any content, recording videos, or creating derivative works.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of any changes. By continuing to use SkyViz after changes are made, you agree to be bound by the revised Terms.