Terms & Conditions for GNSS Reference Station Data Providers
Scope and Subject Matter
These Terms & Conditions ("T&C") govern the provision of data from a physical GNSS reference station ("Data") by any data provider ("Provider") to the onocoy Association ("onocoy"). onocoy shall define, and may update at any time, the required data formats, quality standards, technical specifications, and transmission protocols. No reward, including any claims for compensation or reimbursement, or any other rights arise for the Provider from such definitions or changes.
License Grant
The Provider hereby grants onocoy a perpetual, irrevocable, worldwide, non-exclusive, transferable, and sublicensable license to use the Data for any use, including without limitation:
reproducing, storing, and processing the Data;
analyzing, modifying, and creating derivative works from the Data;
distributing, sublicensing, and commercializing the Data;
exploiting the Data in any form, medium, or territory.
Intellectual Property
Unless expressly agreed otherwise in writing, the Provider retains any intellectual property rights in the raw Data. onocoy retains full ownership and unrestricted rights in all derived data, results, applications, services, and commercial outputs based on or incorporating the Data.
Data Delivery
The Provider shall deliver the Data to onocoy in accordance with onocoy’s specifications, protocols, and technical instructions. onocoy is under no obligation to accept, review, or validate any Data.
Data Review and Acceptance
onocoy reserves the unrestricted right to examine, test, review, and validate any Data delivered. onocoy may, at its sole discretion and without justification, accept or reject any Data, in whole or in part. Only Data expressly accepted by onocoy qualifies for rewarding, subject to the T&C.
Rewarding
Rewarding, if any, shall only be due for Data that has been accepted by onocoy following successful review and validation. The amount of such reward is variable and determined algorithmically by onocoy, based on internal criteria such as data quality, consistency, location, relevance, or any other parameters discretionally applied by onocoy. The Provider has no right to disclosure of the methodology, parameters, or outcome of the remuneration model and all such disclosures by onocoy are done on a purely voluntary basis. Rewarding shall only be made in the form of so-called ONO tokens. The Provider has no right to reverse or revoke any transaction or accepted delivery once data has been submitted.
Exclusion, Forfeiture, and Clawback
If the Provider breaches these T&C or any applicable legal or regulatory obligation, or if onocoy, without the Provider's consent, suspects such breach or inappropriate conduct, including persistent or repeated delivery of Data with insufficient quality, inconsistency, or technical defects, onocoy may, without the Provider’s consent and at any time and without prior notice:
terminate all data provision and exclude the Provider permanently;
cancel all pending or future rewards;
demand, without the Provider's consent, full or partial repayment of previously issued payments; onocoy may carry out such repayment directly, including by revoking or deducting previously granted ONO tokens;
offset such amounts against any current or future receivables; and
suspend or delete the Provider’s access to systems or communication channels.
The Provider may request an onocoy-internal review by submitting substantiating evidence. However, such review shall be non-binding, optional, and decided solely at onocoy’s unrestricted and discretionary judgment, and shall not create any legal entitlement to reinstatement or payment.
Warranties by the Provider
8.1. Ownership, Rights, and Data Integrity
The Provider warrants that it holds full, unrestricted ownership and all necessary rights to the Data and that it is fully entitled to grant the license set forth in Section 2.
In particular, the Provider expressly warrants that:
No third party claims or holds any intellectual property rights, neighboring rights, database rights, or any other legal entitlement – present or future, domestic or foreign – in or to the Data that could in any way limit, restrict, or impair onocoy’s rights or ability to use, modify, transfer, or exploit the Data in accordance with these T&C;
The Data is not subject to any copyright, authorship, or moral rights of any third party, nor has it been generated, created, or derived from any material that is protected by third-party copyright or similar rights;
The Data does not constitute or incorporate any work product, result, or contribution attributable to a third party within the meaning of Article 5 of the Swiss Unfair Competition Act or any comparable provision under the applicable laws of any jurisdiction;
The Provider has not received the Data from any third party under conditions or terms that would conflict with these T&C, limit onocoy’s licensed use of the Data in any form or territory, or create any kind of obligation of onocoy towards such third party;
The Data provided is complete, authentic, and technically accurate, and has not been falsified, manipulated, or otherwise altered in a way that could mislead or distort its reliability or intended use.
The Provider acknowledges that the provision of falsified data or data from third parties without proper rights or authorization constitutes a criminal offense, including a violation of Article 147 of the Swiss Criminal Code and may be subject to prosecution under Swiss law and/or other applicable laws.
8.2 Legal and Regulatory Compliance
The Provider warrants that it is fully authorized under all applicable laws of its place of incorporation, operation, and data collection to collect, process, transmit, and license the Data to onocoy, and that onocoy is fully entitled to receive, use, modify, transfer, and sublicense the Data in all jurisdictions without requiring further approvals or consents.
8.3 Lawful Conduct
The Provider represents and warrants that it complies with all applicable local, national, and international laws, regulations, administrative requirements, and export/import restrictions in connection with the generation, transmission, and licensing of the Data. This includes, without limitation, full compliance with applicable economic and trade sanctions, embargoes, and restrictive measures imposed or enforced by Switzerland, the European Union, the United States, the United Nations, or any other relevant authority. The Provider confirms that it is not, and the Data is not, directly or indirectly connected to any individual, entity, region, or transaction subject to such measures. The Provider undertakes to immediately notify onocoy of any breach or potential breach of such laws or restrictions.
Indemnification
The Provider agrees to fully indemnify, defend, and hold harmless onocoy, its affiliates, officers, agents, and partners against any and all claims, losses, liabilities, damages, penalties, costs, and expenses (including legal fees) arising out of or related to:
any breach of these T&C by the Provider;
any third-party claim alleging infringement or violation of rights in connection with the Data;
any violation of applicable law or regulation by the Provider.
This obligation remains valid even after termination of the data provision or business relationship.
Disclaimer
onocoy does not guarantee or warrant that the Data delivered by the Provider will be used, relied upon, or processed by onocoy in any particular way. onocoy reserves the right to disregard, discard, or not make any use of the Data at its sole discretion. The Provider acknowledges that the delivery of Data does not create any obligation on the part of onocoy to act upon or integrate such Data in any system or workflow.
Confidentiality
The Provider shall keep confidential all non-public technical, commercial, and operational information provided or disclosed by onocoy.
Data Protection
The Provider hereby grants onocoy the right to collect, store, process, analyze, use, sublicense, and transfer any Data provided, including across borders and jurisdictions, as necessary for the purposes set forth in these T&C. In addition, the Provider acknowledges and agrees that onocoy may collect and process personal or technical information related to the Provider’s identity, contact details, and account access, insofar as necessary to register, operate, or maintain a Provider account or relationship. The Provider confirms that it has obtained any required consents, authorizations, or legal basis to enable such processing and usage by onocoy.
Termination
onocoy may terminate the relationship at any time, with immediate effect and without giving reasons. Termination or rejection of Data may also occur in cases of insufficient quality, inconsistency, or technical defects or in case of breach of any of the warranties set out in section 8.1 in the submitted Data. The rights granted to onocoy under Sections 2, 3, and 7 shall remain valid indefinitely and survive any termination.
Governing Law and Jurisdiction
These T&C shall be exclusively governed by the laws of Switzerland. The exclusive place of jurisdiction for all disputes, claims, or proceedings shall be Zug, Switzerland.
Severability
If any provision of these T&C is or becomes invalid, illegal, or unenforceable in any respect under any applicable law, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the original intent and commercial purpose of the invalid provision.
Assignment
onocoy may assign or transfer these T&C, or any of its rights or obligations hereunder, to any third party at any time without the consent of the Provider. The Provider is strictly prohibited from assigning, delegating, or otherwise transferring these T&C, or any of its rights or obligations hereunder, to any third party.
Account Registration and Misuse
To access onocoy’s systems or deliver Data, the Provider may be required to register and create an account linked to a natural or legal person. The Provider shall not misuse or interfere with any services, systems, or interfaces made available by onocoy. In particular, the Provider shall not access or attempt to access systems, data, or functionalities beyond those explicitly permitted.
Tax Responsibility
The Provider is solely responsible for all applicable taxes arising from any payments or rewards received under these T&C. If legally required to do so, onocoy may withhold or charge applicable taxes and remit them to the appropriate tax authorities. In particular, if value added taxes (VAT) or similar indirect taxes become chargeable to onocoy, such amounts shall be deducted from the reward or reduce the effective reward accordingly. Such withholding or charges may be deducted from the stated reward or ONO tokens granted to the Provider. Unless explicitly stated otherwise in writing by onocoy, any fees or credits listed or referenced by onocoy are exclusive of applicable taxes, and the Provider remains responsible for their full and timely payment.
Feedback and Submissions
Any feedback, suggestions, or other input provided by the Provider related to the services, processes, or operations of onocoy shall become the exclusive property of onocoy. The Provider hereby assigns to onocoy all rights, title, and interest in and to such submissions, without entitlement to reward, including compensation or renumeration, or acknowledgement.
Miscellaneous
a) These T&C may be amended by onocoy at any time. Continued data provision constitutes acceptance of the amended terms.
b) No oral agreements shall be binding.
c) These T&C do not create any third-party beneficiary rights. No third party shall have any rights to enforce or rely on any provision of these T&C.
d) If onocoy does not enforce any part of these T&C or delays taking action, this shall not constitute a waiver of its rights and shall not prevent onocoy from taking action at a later time.
e) These T&C constitute the entire agreement between the Provider and onocoy regarding the subject matter hereof and supersede all prior and contemporaneous understandings or agreements, whether written or oral.
Force Majeure
Neither party shall be liable for any failure or delay in the performance of its obligations under these T&C to the extent such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, war, terrorism, armed conflict, labor strikes, embargoes, acts of civil or military authorities, epidemics or pandemics, interruptions in telecommunications or electricity supply, or changes in law or regulation. Such events shall not relieve the Provider from compliance with Section 8 (Warranties) and Section 12 (Data Protection) unless compliance is rendered impossible.
Relationship of the Parties
The Provider and onocoy are independent parties. Nothing in these T&C shall be construed to create a relationship of employment, agency, joint venture, or partnership between them. The Provider is not authorized to act or make representations on behalf of onocoy.