Terms of Service

1. Scope, provider, business customers only

1. (1) These Terms of Service apply to all contracts for the use of the browser-based software “DroneShow Studio” (the “Software”) between Thomas Fleißner, Polling 110, 6404 Polling, Austria, VAT ID ATU50644600, e-mail hello@droneshow.studio (the “Provider”), and its customers (the “Customer”).
2. (2) The offer is directed exclusively at businesses within the meaning of § 1 of the Austrian Commercial Code (UGB) and § 1 of the Austrian Consumer Protection Act (KSchG). Contracts with consumers are excluded. By registering, the Customer confirms that it uses the Software for its business and that the registering person is authorised to represent the Customer.
3. (3) The Customer’s own terms and conditions do not apply, even if the Provider does not expressly object to them. Deviating agreements apply only if confirmed by the Provider in writing; e-mail is sufficient.
4. (4) The Data Processing Agreement (DPA) forms part of every contract. The privacy policy explains how personal data is processed.

2. Description of services

1. (1) The Software is provided as a service over the internet (Software as a Service), currently at app.droneshow.studio. The Software is not provided for installation, and no source code is provided.
2. (2) Depending on the plan booked, the Software includes in particular: 3D design of drone shows on a timeline, minimum-distance and rule checks, an AI assistant, a project schedule with deadlines, a client portal with tasks, approvals, file uploads and e-mail notifications, and a show link for the Customer’s clients. The scope of the booked plan as shown on the pricing page at the time the contract is concluded, or as stated in the offer, is decisive.
3. (3) To use the Software, the Customer needs internet access and a current browser. A desktop PC or laptop is recommended for the 3D editor. The Customer is responsible for this.
4. (4) The Provider continuously develops the Software and may change, add or replace functions, provided that the essential functions of the booked plan are not significantly restricted.

3. Availability, maintenance, support

1. (1) The Provider endeavours to keep the Software available with as few interruptions as possible. No specific availability (service level) is promised unless expressly agreed in writing.
2. (2) The Software may be temporarily unavailable or restricted for maintenance, updates and security measures. Planned maintenance is carried out outside normal business hours (Central European Time) where possible and announced in advance. Urgent maintenance (e.g. security updates) is permitted without notice.
3. (3) The Provider is not responsible for disruptions beyond its control, in particular disruptions of the internet, of the Customer’s devices or networks, and force majeure.
4. (4) Support is provided by e-mail to hello@droneshow.studio on Austrian working days. No specific response or resolution times are promised.

4. Conclusion of contract, registration, access

1. (1) The Customer registers its business as its own organisation in the Software. The information provided must be complete and correct and must be updated if it changes.
2. (2) The usage contract is concluded when the registration is completed and the e-mail address is confirmed. A paid plan is agreed by the Customer’s order and its acceptance by the Provider (order confirmation, invoice or activation). The Provider may reject registrations and orders without giving reasons.
3. (3) The Customer keeps its access credentials secret, protects them from access by third parties and informs the Provider without delay if it suspects misuse. The Customer is responsible for all actions taken through its accounts.

5. Trial period

1. (1) On request, the Provider may grant a free trial period. The Provider announces its duration and scope when activating it.
2. (2) The trial period ends automatically. It only turns into a paid plan if the Customer expressly orders one.
3. (3) If no plan is booked after the trial period, the trial data is deleted 30 days after the trial ends.
4. (4) During the trial period the Provider is liable only for intent and gross negligence and for personal injury; warranty claims are excluded.

6. Prices and payment

1. (1) The prices of the booked plan according to the price list at the time the contract is concluded, or according to the offer, apply. All prices are in euros, net, plus statutory VAT.
2. (2) Monthly plans are invoiced monthly in advance, annual plans annually in advance. Additional seats are invoiced according to the price list.
3. (3) An introductory discount (currently 30 % in the first contract year for our first customers) applies only if it was expressly granted to the Customer when the contract was concluded. From the second contract year, the regular price applies.
4. (4) Invoices are sent electronically by e-mail and are payable by bank transfer without deduction within 14 days of the invoice date. As soon as the Provider offers online payment via the payment service provider Stripe, payment may also be made that way (e.g. credit card or SEPA direct debit); the Provider may switch the payment method for new billing periods to online payment after giving notice.
5. (5) The Customer may only set off undisputed claims or claims established by final judgment.

7. Late payment, suspension

1. (1) In the event of late payment, the statutory default interest between businesses (§ 456 UGB) applies. The Provider may charge reasonable reminder and collection costs.
2. (2) If the Customer is in default and still does not pay after a reminder with a grace period of at least 14 days, the Provider may suspend access to the Software. The Customer’s data is retained during the suspension. The obligation to pay the fees remains.
3. (3) Access is restored without delay after payment in full.

8. Price changes

1. (1) The Provider may change prices with effect from the next renewal period. The change is communicated to the Customer by e-mail at least six weeks before it takes effect.
2. (2) If the Customer does not agree to a price increase, it may terminate the contract with effect until the increase takes effect. Periods already paid for remain unchanged.

9. Term, termination, change of plan

1. (1) Monthly plans run for one month and renew automatically for one further month at a time unless terminated no later than 14 days before the end of the current term.
2. (2) Annual plans run for twelve months and renew automatically for a further twelve months at a time unless terminated no later than one month before the end of the current term.
3. (3) Termination is possible by e-mail to hello@droneshow.studio or, once available, in the account settings of the Software. The same notice periods apply to the Provider.
4. (4) An upgrade to a higher plan is possible at any time; the price difference is charged pro rata for the remaining term. A downgrade to a lower plan takes effect at the end of the current term.
5. (5) The right of both parties to terminate for good cause remains unaffected. Good cause for the Provider exists in particular if the Customer is more than 30 days in default with payment of more than one monthly fee or materially breaches these Terms despite a warning.
6. (6) In the event of ordinary termination, fees already paid for the current term are not refunded.

10. Rights of use

1. (1) For the term of the contract, the Customer receives the non-exclusive, non-transferable and non-sublicensable right to use the Software within the scope of the booked plan for its own business purposes.
2. (2) A seat entitles one named person to use the Software. Accounts may not be shared by several persons. The number of seats depends on the booked plan; further seats can be added according to the price list. Participants invited by the Customer to the client portal and recipients of the show link do not need a seat.
3. (3) The Customer may not make the Software available to third parties for a fee or free of charge, rent it out, circumvent protective measures, burden the Software with automated mass requests or – unless mandatorily permitted by law – decompile or replicate it.
4. (4) All rights to the Software, including further developments, remain with the Provider.

11. Customer content, music and image rights

1. (1) All rights to the content that the Customer brings into the Software or creates with it (e.g. projects, shows, scenes, music, logos, images, documents, comments) remain with the Customer. The Customer grants the Provider the simple right to store, back up, process and display this content to the persons authorised by the Customer, to the extent necessary to provide the service.
2. (2) The Customer warrants that it holds all rights to its content, in particular copyrights, neighbouring rights, trademark rights and personality rights, and that it obtains the necessary rights or licences from the competent collecting societies for the public performance of music.
3. (3) The Customer may not upload unlawful content. The Provider may block obviously unlawful content; it will inform the Customer accordingly.
4. (4) The Customer indemnifies the Provider against all third-party claims based on a breach of these obligations, including reasonable costs of legal defence.

12. Flight operations and safety – responsibility of the Customer

1. (1) The Software is a tool for planning, designing and visualising drone shows. It does not replace a professional safety review, a risk assessment or an official authorisation.
2. (2) As operator, the Customer is solely responsible for planning and conducting flight operations and in particular for: compliance with aviation law (including Regulations (EU) 2019/947 and 2019/945 and national rules), obtaining all permits and authorisations from Austro Control or the competent aviation and event authority, operational and risk assessment, insurance, the qualification of remote pilots, the suitability of drones and control systems, compliance with safety distances to people, buildings, obstacles and airspace boundaries, and the assessment of weather and terrain.
3. (3) The minimum-distance and rule checks, the display of zones (e.g. flight geography, contingency volume, ground risk buffer), terrain, elevation and map data, calculations and exports are provided without warranty as to accuracy and completeness. Map and elevation data partly come from third-party sources and may be inaccurate or outdated. The absence of a warning does not mean that a show is safe or permissible.
4. (4) The Customer must check all flight data on its own responsibility before every operation, in particular in the drone manufacturer’s control software, by simulation and by suitable test flights. Data generated with the Software must not be flown without this check.
5. (5) To the extent permitted by law, the Provider is not liable for damage arising from flight operations, shows or the use of flight data. The Customer indemnifies the Provider against third-party claims raised in connection with its flight operations or events.

13. AI functions

1. (1) The AI assistant generates suggestions automatically. The results may be incorrect, incomplete or unsuitable and are provided without warranty. The Customer checks every suggestion before adopting or using it; changes can be undone via the show’s versions.
2. (2) If the Customer uses the AI assistant, its input together with the project and scene data required for it (possibly including images of the scene) is transmitted to an AI service provider to generate the answer. The provider is named in Annex 2 of the DPA. The Customer should not use personal or confidential data of third parties in AI input unless necessary.
3. (3) The Provider does not use the Customer’s content to train AI models. [Placeholder to be checked: contractual commitment of the AI service provider not to use input for training]
4. (4) The Provider may set reasonable usage limits for AI functions to ensure fair operation for all customers.

14. Confidentiality, data separation and access by the Provider

1. (1) The data of each customer is stored separately per tenant. Every request is assigned to the Customer’s organisation on the server side; other customers have no access.
2. (2) The Provider itself is active in the drone show business. It therefore expressly undertakes: it accesses the Customer’s data and content only to the extent necessary to provide the service, to fix errors and ensure security, for support at the Customer’s request, on the Customer’s instructions or due to a legal obligation. Such access is logged.
3. (3) The Provider does not use the Customer’s projects, shows, scenes, client contacts, prices or other content for its own shows, its own offers, approaching the Customer’s clients or any other purposes of its own, and does not pass them on to third parties, except to the sub-processors named in the DPA to the extent described there.
4. (4) Both parties treat confidential information of the other party that becomes known to them under the contract as confidential, also after the end of the contract. Persons working for the Provider are bound to confidentiality.
5. (5) The Provider may evaluate technical operating data without Customer content (e.g. load, error messages) to operate and improve the Software.

15. Data protection

Where the Provider processes personal data on behalf of the Customer, the Data Processing Agreement (DPA) applies, which is concluded upon acceptance of these Terms. The Customer is responsible for the lawfulness of processing the data it brings into the Software, in particular the data of its clients and of participants in the client portal.

16. Backup, data export and deletion after the end of the contract

1. (1) The Provider backs up the data daily. The backup serves to restore the service and does not replace the Customer’s own backup. The Customer should additionally back up important data itself using the export functions of the Software.
2. (2) The Customer can download its data via the export functions of the Software until the end of the contract. On request received before the end of the contract, the Provider assists with the export; effort beyond the usual may be charged as agreed.
3. (3) Access ends when the contract ends. The Customer’s data is deleted 30 days after the end of the contract; within this period the Customer may still request the export by e-mail. Backup copies are overwritten within the regular backup cycle [Placeholder: retention period of backups]. Statutory retention obligations (e.g. for invoices) remain unaffected.

17. Warranty

1. (1) The Provider provides the Software within the contractually agreed scope. The Customer reports defects by e-mail without delay after discovering them, with a comprehensible description.
2. (2) The Provider remedies reported defects within a reasonable period, at its option by correction, a new version or a reasonable workaround. If this fails, the Customer may demand a reasonable reduction of the fee or, in the case of material defects, terminate for good cause.
3. (3) Compatibility of the Software with specific drones, control systems or file formats is only promised if expressly agreed in writing.

18. Liability

1. (1) The Provider is liable without limitation for intent, for personal injury and under the Austrian Product Liability Act.
2. (2) Liability for slight negligence is excluded to the extent permitted by law.
3. (3) Otherwise, the Provider’s liability per incident and in total per contract year is limited to the fees paid by the Customer to the Provider in the twelve months preceding the damaging event.
4. (4) Except in cases of intent and personal injury, the Provider is not liable for lost profits, consequential damage, indirect damage, third-party claims, or damage arising from the failure, cancellation, postponement or conduct of shows and events, even if caused by unavailability of the Software. The Provider is liable for data loss only to the extent that it would also have occurred had the Customer properly backed up its own data.
5. (5) Claims for damages by the Customer must be asserted in court within six months of becoming aware of the damage and the party causing it; otherwise they lapse.
6. (6) These limitations also apply in favour of the Provider’s employees and vicarious agents.

19. Changes to these Terms

1. (1) The Provider may change these Terms with effect for the future, for example for new functions or changes in law or case law. Changes are communicated to the Customer by e-mail at least six weeks before they take effect, with the changes highlighted.
2. (2) If the Customer does not object before they take effect, the changes are deemed accepted; the Provider expressly points out this consequence in the notice. If the Customer objects, either party may terminate the contract with effect from the date the change takes effect.
3. (3) Price changes are governed by the section “Price changes”.

20. Final provisions

1. (1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law.
2. (2) The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is the competent court in Innsbruck, Austria. The Provider may also sue the Customer at the Customer’s general place of jurisdiction.
3. (3) The place of performance is the Provider’s registered address. Declarations may be made by e-mail; the Customer’s e-mail address stored in the account is deemed the address for service.
4. (4) The Customer may only transfer rights under the contract with the Provider’s consent.
5. (5) Should any provision of these Terms be invalid or unenforceable, the remaining provisions remain valid. The invalid provision is replaced by a valid provision that comes closest to its economic purpose.
6. (6) These Terms are available in German and English. The German version is legally binding.