onocoy Services AG

Terms of Services

for onocoy Subscription Agreement

These Terms of Services will regulate and control the sale of cloud-based Services sold to third parties (or "customers" or "end-users" or "you") by onocoy Services AG ("Subscription Agreement"). Any conditions stipulated by the customer which are in contradiction to these Terms of Services shall only be valid if expressly acknowledged by onocoy Services AG in writing.  By proceeding with the subscription to the onocoy Services, you accept these Terms of Services.

Services provided by onocoy Services AG include, but are not limited to, the sale of RTK data to third-party end users ("Services").

Onocoy Services AG is an official, non-exclusive distributor of onocoy, an Association registered in Switzerland whose business purpose is to provide a platform to the customers for the use of the dense network of GNSS reference stations operated by a third-party community of operators of reference stations.

These onocoy Services AG Terms of Service (“Terms”), outline the terms regarding your use of our Services. These Terms are a legally binding between you and onocoy Services AG (“onocoy”, “we” or “us”) when you buy our Services, so please read carefully. If you do not agree with these Terms, you may not register or buy and use any of the Services.

1. Using our Services

To use our Services, you need to register and create an account that is linked to a private or legal person.

You must follow any policies and regulations made by us in the context of the Services.

​Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access other than as expressly set out in these Terms. Other than User Content (addressed below), you may not use content from our Services unless you obtain permission from us or are otherwise permitted by law. These Terms do not grant you the right to use any brands or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

onocoy Services AG is not a land surveyor and does not hold itself out as land surveyor or anything like it. You are exclusively responsible for complying with any jurisdictional requirements relating to your activities using our Services.

1.1. Eligibility

By agreeing to these Terms, you represent and warrant to us that:

  1. your registration and your use of the Service is in compliance with all laws and regulations applicable to you;

  2. you have not previously violated any (US) Federal Aviation Administration (FAA) or other aviation regulation; and

  3. you have not previously been suspended or removed from our Services.

1.2. Your Responsibility

You are exclusively responsible for ensuring that you comply with all applicable legal requirements for the operation of any airborne vehicle or device, including any requirement that you must detect and avoid other aircrafts. You must at all times comply with all applicable local, state, federal, and international laws and regulations related to the operation of unmanned airborne devices and your use of the Service in your territory of operation, including any applicable laws with regard to privacy. You will obtain and maintain all necessary licenses, consents, and authorizations of any kind to run your operations.

As a user of the onocoy Services you are exclusively responsible for:

  1. Complying with all local, national, and international laws, regulations, and guidelines governing the operation of unmanned aerial vehicles (UAVs), drones, or any other remote-controlled or autonomous airborne systems.

  2. Ensuring that you have the appropriate permits, permissions, and certifications required for the operation of your airborne device in the intended area of flight.

  3. Maintaining control of your airborne device at all times and taking necessary actions to ensure the safe operation of your airborne device, including but not limited to, adjusting your flight plan, aborting a mission, or manually taking control of the airborne device.

  4. Verifying the accuracy and suitability of the automated flight plan generated by you and making any necessary adjustments to ensure compliance with local airspace restrictions, safety regulations, and other applicable rules.

2. Your onocoy Account

You need an onocoy account in order to use our Services. You may create your own onocoy account, or your onocoy account may be assigned to you by an administrator, such as your employer. Multiple users may use the same onocoy account via sharing login details or utilizing a team-based email address only if they all have the same employer and use it for the purpose of that same employer. Only one legal or private person can be associated with a particular onocoy account. If you are using an onocoy account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account.

Onocoy reserves the right to limit the number of simultaneous users per account at any point in time by publishing that information via its official channels.

To protect your onocoy account, keep your password confidential. You are responsible for any activity that happens on or through your onocoy account. Avoid reusing your onocoy account password on third-party applications.

3. Proprietary Rights

The Services are owned by onocoy and operated by onocoy Services AG. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code and object code), Services, software, and all other elements of the Services (“Materials”) provided by onocoy Services AG are protected by intellectual property and other laws. Except as expressly authorized by onocoy Services AG, you may not make use of the Materials other than by using the Services. 

In addition, we will own any and all right, title, and interest in and to any feedback, suggestions, information, data, or materials you convey to us related to the Services in connection with your use of the Services (“User Content”). You hereby assign to onocoy Services AG all right, title, and interest to and in such User Content.

4. Fees, Billing and Payment

In order to use the Services, you will need to purchase Data Credits via your account in advance. The Fees are then deducted when due from the Data Credits on your account. 

The Fees consist of:

  1. Base (subscription) fee. Recurring fee, deducted in advance with a frequency based on the selected subscription plan below ("subscription plan").  

  2. Pay-per-use fee (PPU). Deducted in real time and for the time you actually use the Services ("Pay-per-use"). Hourly rate will depend on the selected subscription plan.

For the payment of the base fee, you may choose between two subscription Plans:

  1. Base fee is payable every 30 days; or 

  2. Base fee is payable annually, i.e. 365 days or 366 days in case of a leap year.

Within each account a user can define the Services and may choose from varying product configurations - “Credentials” (Signals, subscription plan etc…). 

Note that access to certain features of the Services or future new features and functionalities may prompt additional fees.

4.1. Fees and Billing

When you buy Data Credits on your account, you'll need to choose the amount you wish to purchase. Make sure to purchase enough Data Credits to cover the recurring base fee and to have sufficient Data Credits for the pay-per-use portion of fees to cover your planned usage. The base fee will be deducted in advance from your Data Credit balance, and the pay-per-use fees will be deducted as you use the services, provided that there are sufficient Data Credits in your account. It's your responsibility to ensure that your account has a sufficient Data Credits balance at all times to cover both the base fees and the pay-per-use fees. If your Data Credits balance is not sufficient, we will stop providing the Services until your account has enough Data Credits to cover the Fees.

onocoy Services AG reserves the right upon prior notification to its customers to modify the above payment method and to debit the base fees and the pay-per-use fees directly from your credit card meaning that you will no longer need to manually top up your Data Credits account as described above. Under the conditions as described in the chapter 10, you will have the option to deactivate your account and stop paying Fees.

The Fees are not refundable. There will be no refunds or credits of the Fees for partial months of service, upgrade/downgrade refunds, or refunds for months with no use of the Services. In order to treat everyone equally, no exceptions will be made.

Except as otherwise specified herein: (a) Fees are quoted and payable in currencies available under the account; (b) the height of the base fee and pay-per-use fees are based on Services (product configurations) purchased and not actual usage; (c) your obligation to pay all Fees is non-cancelable, and Fees paid are non-refundable.

4.2. Payment Terms

You will purchase the Data Credits via credit card (or by other payment type specified in the order form which we may introduce at a later point in time). When you are making payments via credit card, you agree to provide accurate payment information and hereby authorize onocoy Services AG to charge such credit card with all Fees set forth in the order form for the Contract Term (and any renewal thereof).

If the credit card is charged back to onocoy Services AG for whatever reason, we may: (i) with respect to chargebacks, cease charging your credit card and invoice you for the amount charged back; (ii) accelerate the payment of any amount payable; (iii) immediately suspend your access to the Services until payment is made; and/or (iv) immediately terminate the Subscription Agreement.​​

​5. Taxes

You are responsible for paying, and will pay all applicable taxes, and will indemnify and hold onocoy Services AG harmless from any costs associated with the collection or withholding thereof, including penalties and interest. Unless otherwise stated in an order form, the Fees listed on an order form or invoice may not be inclusive of any applicable taxes, but you are still responsible for the payment of them. If onocoy Services AG has the legal obligation to pay or collect taxes for which you are responsible under this Section 5, the appropriate amount shall be invoiced to and paid by you unless you provide onocoy Services AG with a valid tax exemption certificate authorized by the appropriate taxing authority.

6. Privacy and Copyright Protection

onocoy's  privacy policy which equally applies to onocoy Services AG explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that onocoy Services AG can use such data in accordance with our privacy policies and applicable law.​

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act and Swiss Law.

Each party agrees to protect and not to disclose any confidential or proprietary information exchanged by a party in the course of providing and receiving our Services.

7. Your Content in our Services

Certain features of the Service may permit users to generate or post content, including messages, reviews, video, maps, models, folders, data, text, photographs, images, and data gathered by a drone or device (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. 

To provide our Service, we do require a license to your User Content, so that we can store your data on our servers, process it, and transmit it to you. When you upload, submit, store, send or receive content to or through our Services, you hereby grant to onocoy Services AG (and those we work with) a non-exclusive, worldwide license to use, store, reproduce, process, modify, publish, transmit, display, and distribute your User Content. The rights you grant in this license are for the limited purpose of operating and improving our Services, and to develop new Services. This license continues even if you stop using our Services or terminate the Subscription Agreement.

We need these rights, without limitation, in situations like the following: In order to receive your uploaded images, we need the right to store and transmit the data. We need the rights to store, transmit, process, modify the User Content (images) in order to turn your images into maps and 3D models. If you would like to see the resulting maps/models and share them with people you have selected using onocoy Services AG, we need the rights to transmit, display and distribute your User Content. Since you own the Intellectual Property of the data, we cannot share or distribute this data without your permission, and we need this permission in order to provide the Services to you.

7.1. User Content Representations and Warranties

You are exclusively responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you represent, and warrant that: you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize onocoy Services AG and users of the Service to use and distribute your User Content; your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe any third-party right, including any intellectual property, privacy or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.

7.2. User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. onocoy Services AG may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against onocoy Services AG with respect to User Content.

8. Third-Party Services

onocoy Services AG may provide tools through the Service that enable you to export information, including User Content, to third-party services. By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third-party service’s use of your exported information.

9. onocoy Service

Our Services are subject to the following restrictions.

9.1. Data Quality 

All Data, provided through the onocoy are provided on an “as is” basis. While we strive to maintain the highest levels of accuracy and data quality, we make no warranties or representations regarding the accuracy, reliability, completeness, or timeliness of the Data.

9.2. User Responsibilities

As a user of the Data, you are required to validate and cross-check the Data with a known reference point before and after using our Services. It remains your responsibility to verify the Data accuracy, and you agree to accept full responsibility for any decisions or actions taken based on the Data.

9.3. Limitation of Liability

ONOCOY AND ONOCOY SERVICES AG EXPRESSLY DISCLAIM ANY LIABILITY FOR ERRORS, INACCURACIES, OR MISINTERPRETATIONS RESULTING FROM THE USE OF THE DATA. IN NO EVENT SHALL ONOCOY OR ONOCOY SERVICES AG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR INABILITY TO USE THE DATA.

9.4. onocoy Service and Reference Station Data Quality

9.4.1. Service Description: Services are designed to perform Data quality checks including, but not limited to, location movement detection, signal quality etc. It uses best efforts to disconnect a reference station if any performance issues are detected to ensure the quality of the Data.

9.4.2. No Guarantees: Despite our best efforts, onocoy and onocoy Services AG do not guarantee that reference station quality deterioration will be detected in every instance or that a reference station will be disconnected every time when such an event occurs. You agree not to hold onocoy  or onocoy Services AG liable for any damages or losses that may arise as a result of undetected reference station quality issue or a failure to disconnect a reference station.

9.4.3. LIMITATION OF LIABILITY: ONOCOY AND ONOCOY SERVICES AG WILL NOT BE HELD ACCOUNTABLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE DATA THAT MAY ARISE FROM THE ONOCOY SERVICES’ FAILURE TO DETECT REFERENCE STATION QUALITY DETERIORATION OR DISCONNECT THE REFERENCE STATION. YOUR RELIANCE ON ANY DATA PROVIDED BY THE ONOCOY SERVICES IS STRICTLY AT YOUR OWN RISK.

By using onocoy Services, you acknowledge that you have read and understood the above restrictions, and you agree to accept them. If you do not accept them, you should not use our Services.

10. Modifying and Terminating our Services

We are constantly modifying and improving our Services. We may add or remove functionality or features, and we may suspend or stop a Service altogether. onocoy Services AG may stop providing Services to you or add or create new limits to our Services at any time.

​You own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get your data out of that Service.

10.1. Term of Subscription Agreement

If you purchase Services, the term of the Subscription Agreement will commence on the Effective Date and, unless earlier terminated in accordance with these Terms of Services, will automatically renew as per your subscription plan (see chapter 4). Both sides are entitled to terminate the subscription agreement for convenience anytime with a one-month termination notice to become effective upon the lapsing of the one-month termination period. 

10.2. Termination for Cause

Either party may terminate the Subscription Agreement or any individual Order Form: (a) for cause if the other party materially breaches the provisions of these Terms of Services or an Order Form and does not remedy such breach within thirty (30) days after its receipt of written notice of such breach; (b) immediately if the other party: (i) terminates its business activities or starts the insolvency proceedings; (ii) admits in writing to the inability to pay its debts as they mature; (iii) makes an assignment for the benefit of creditors; or (iv) becomes subject to direct control of a trustee, receiver, or similar authority; or (c) in the case of onocoy Services AG, immediately if you do not pay the Fees when due as described in Section 4.

10.3. Effect of Termination

Upon any expiration or termination of the Subscription Agreement: (a) your right to use the Services shall cease, and onocoy Services AG shall have no further obligation to make the Services available to you; (b) except as otherwise expressly stated herein, all rights and licenses granted to you under these Terms of Services will immediately cease; (c) onocoy Services AG will have no obligation with respect to any of your data, in particular, onocoy Services AG has no obligation to return your data to you; and (d) you will pay any unpaid Fees payable for the remainder of the Contract Term under any applicable order form in effect prior to the termination date.

11. Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care. 

​HOWEVER, OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER ONOCOY AND ONOCOY SERVICES AG NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

12. Liability for our Services

WHEN PERMITTED BY LAW, ONOCOY AND ONOCOY SERVICES AG, AS WELL AS ONOCOY SERVICES AG’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

​TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ONOCOY, ONOCOY SERVICES AG, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

​IN ALL CASES, ONOCOY, ONOCOY SERVICES AG, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

13. Indemnity

You agree to defend, indemnify, and hold onocoy and onocoy Services AG and our affiliates, officers, agents, and employees harmless from and against any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees) made against us by any third party due to or arising out of your use of the Services.

14. Force Majeure

onocoy Services AG will not be liable for any failure or delay in the availability of the Service, any other performance of its obligations under these Terms on account of strikes, shortages, riots, insurrection, pandemics, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause that is beyond onocoy Services AG’s reasonable control, including any failure of wireless cellular services provided by any third party in connection with your use of the Service.

15. Dispute Resolution

These Terms of Services provide that all disputes between you and onocoy Services AG will be resolved by BINDING ARBITRATION. You agree to give up your right to seize an ordinary court to assert or defend your rights, except for matters up to Euro 10,000 that may be taken to the ordinary court in Zug, Switzerland (Kantonsgericht).

All disputes arising out of or in connection with the Subscription Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. No award or procedural order made in the arbitration shall be published. The seat of arbitration shall be Zurich, Switzerland. The language shall be English.

16. About these Terms

​We may modify these Terms or Services or any additional terms that apply to our Services to, for example, reflect changes in the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these Terms on this page. We will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service, or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should cancel your onocoy Account and discontinue your use of that Service.

These Terms control the relationship between onocoy Services AG and you. They do not create any third-party beneficiary rights. 

If you do not comply with these Terms and we don’t take action right away this does not mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular provision in these Terms of Services is not enforceable, this will not affect any other provisions. The unenforceable provision shall be substituted by an enforceable provision that comes legally and economically nearest to the substituted provision.

14. August 2024