TERMS OF SERVICES

TERMS OF SERVICE

KIVU, LEMAN, and LEMAN RemoteID Trackers Sale Terms and Conditions

These sale terms and conditions (the “Terms”) apply to your purchase of one or more drone tracker devices, also called “KIVU”, "LEMAN", "LEMAN RID" or "LEMAN REMOTE ID" (the “Product”) from INVOLI SA, a company headquartered at Place de la Gare 1, 1003 Lausanne, Switzerland (“INVOLI”, “Company”, “us,” “our,” or “we”). These Terms become duly binding once you commit to a purchase of one or more Products.

1. PRODUCT

The Product has the technical specifications provided to you separately or available on our website www.involi.com, as the case may be. The Product may include and/or generate specific positioning data, in accordance with the specifications of the Product (the “Data”). In order to access such Data, you will be granted access to our user interface involi.live (the “Interface”) with the features described in our commercial offer in the INVOLI webshop. Further specific terms and conditions of use of such interface will be applicable.

For as long as the Data is streamed on the Interface, INVOLI will be entitled to make the Data available to other users of any of INVOLI systems (including, without limitation, users of any version of involi.live and/or involi.aero and/or any other similar system that may be made available in the future by INVOLI), irrespective whether these users are paying customers or users receiving a free of charge access to such systems. However, unless you expressly agree otherwise, the Data will be shared in an anonymous manner.

INVOLI is also entitled to keep records of the Data on any medium it may deem necessary, for example, in order to generate statistics or to share information with relevant authorities, should it be required. 

In any case, data is provided in a best-effort way and with no guarantee; data is to be used exclusively for drone traffic management, or for information but not for manned air traffic separation/management/control No SLA (Service Level Agreement) is guaranteed regarding data quality and availability, which are provided on a best effort basis; specific SLA may be agreed under particular and separate terms.

2. USE OF THE PRODUCT

Unless we have a separate express agreement in this respect, you represent that the Product you have offered to purchase is for your own use and not intended for resale. Use of the Product is subject to all laws and regulations applicable in your jurisdiction. It is solely your responsibility to determine whether the Product and its intended use comply with local laws and regulations (this includes without being limited to the laws and regulations governing your activity and the ones applicable in the territory/ies where you intend to use the Product).

You expressly undertake to use the Product only for legal purposes and in full compliance with the applicable laws, including international law and your domestic laws.

You must also use the Product in strict accordance with the user documentation provided together with the Product or made available on our website www.involi.com, and these Terms. INVOLI will not be liable for your inability to use the Product and your sole and exclusive remedy will be to request a refund as allowed under these Terms, especially since we assume that you are a professional in the field/s where the Product may be used. The return and refund will be made in accordance with section 4 below.

3. PAYMENT

Payment will be made in accordance with the relevant quotation and/or invoice you receive from INVOLI, as the case may be. Unless otherwise provided, payment of the full amount due shall be performed within 30 days of the quotation/invoice date.

Note that, unless otherwise expressly agreed, you are in charge to pay all shipping charges based on the address you provide us with. We shall inform you of the shipping costs before shipment and we shall invoice you accordingly. The shipping duties are not included. You will have to pay additional import duty, where applicable.

Note that all ordered Products remain the property of INVOLI until payment is received in full.

Please note that in all cases we shall initiate shipment only after receiving your payment of both Product price and shipment charges.

Our store is hosted on odoo.com. They provide us with an online e-commerce platform that allows us to sell our products and services to you. For privacy-related details, please refer to https://www.odoo.com/privacy.

4. RETURNS & REFUNDS

If you wish to exchange or return a Product that is faulty or otherwise damaged when you receive it, which does not correspond to the description of the Product, or which develops a fault after you receive it, you can do so in accordance with and pursuant to applicable law and as separately informed by INVOLI, in all cases within a 12 months period as of delivery of Product. We reimburse your payment (duties, taxes, and other expenses excluded) and the return shipping costs, which shall not exceed the initial shipment ones. Unless otherwise indicated, the refund of the sale price will be carried out in the same bank account as your payment was made.

Please note that we will exchange or refund Products only if their flaws are attributable to us; as such, we will not accept exchange or refund of Products that were damaged during shipment or later while improperly used or transported.

In any case, except otherwise stated herein, shipping charges are not reimbursed.

This provision does not set aside your mandatory legal rights in this respect.

No Product will be taken back if it shows signs of damage or interference, such as

  • natural wear and tear; and/or
  • events out of our control e.g. natural disasters; and/or
  • signs of improper use; and/or
  • interference by the customer or a third person; and/or
  • extreme use or extreme influence by the customer.

No cost will be covered should the Product/s goes missing during the return shipping. We advise you to send all items back with a transport firm which provides a track & trace service and, of course, insurance for the transported packages.

In any case, all repair costs incurred outside of the warranty shall be borne by you. INVOLI reserves the right to invoice you for the examination of the defect claimed as well as for shipping fees for all devices showing no detectable defects or defects that are not covered by the warranty.

5. TRANSFER OF RISK AND TITLE

Unless otherwise expressly agreed by INVOLI, all shipments are made “DAP - Delivered at Place” (Incoterms 2020).

6. INTELLECTUAL PROPERTY

INVOLI (or its licensors, as the case may be) own all patent, trademark, copyright, trade secret, and other intellectual property rights in the Product. If you acquire the Product, you will acquire no interest or rights in INVOLI’s intellectual property, except as provided herein or in the applicable license(s), as the case may be. INVOLI reserves all rights in and to the Products not granted expressly in these Terms or other additional license terms.

7. DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED UNDER SECTION 4 ABOVE (WARRANTY. RETURN & REFUNDS), AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT, THE INTERFACE, AND OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY OTHER GUARANTEED WARRANTY OF ANY KIND, AND INVOLI HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. INVOLI DOES NOT WARRANT THAT USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. INVOLI DOES NOT WARRANT THAT ANY PRODUCT COMPLIES WITH ALL APPLICABLE LAWS OR REGULATIONS IN ANY PARTICULAR JURISDICTION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE PRODUCT, IN WHICH RESPECT WE STRONGLY RECOMMEND YOU UNDERWRITE ADEQUATE INSURANCE.

8. LIMITATION & LIABILITY

INVOLI’s liability is limited. Liability is based on the applicable legal provisions. However, to the maximum extent permitted by the law, in no event shall INVOLI be liable for (i) negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealized savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of INVOLI, be this contractual or non-contractual.

Moreover, INVOLI is not liable for damage resulting from the following causes:

  • Inadequate shipment conditions;
  • Storage, setting, or use of products that is improper, unlawful, or contrary to contract;
  • Use of incompatible spare parts or accessories (e.g. power supply);
  • Failure to maintain and/or improper modification or repair of the Products by our clients or a third party;
  • Force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by INVOLI or official orders.

EXCEPT WHERE PROHIBITED UNDER BY APPLICABLE LAW, IN NO EVENT WILL INVOLI, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “INVOLI PARTIES”) BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE ANY PRODUCT, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF INVOLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THE PARTICULAR AFOREMENTIONED CASES/SITUATIONS (IN ANY COMBINATION WHATSOEVER), SO THIS LIMITATION MAY NOT APPLY TO YOU.

You agree that the aggregate liability of the INVOLI Parties to you for all claims arising out of or related to these Terms or your use or inability to use a Product shall not exceed the amount you paid to INVOLI for that Product, except as may be required by applicable law. This section and all limitations will apply even if the above-stated remedy fails in its essential purpose or if the other party knew or should have known of the possibility of such damages. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties and shall survive any termination or expiration of these Terms.

9. INDEMNITY

You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless the INVOLI Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use (or misuse) of, any Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity right; or (d) any dispute or issue between you and any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

10. FORCE MAJEURE

INVOLI will not be liable to you for any delay, non-delivery, non-acceptance, or any other matter (except for INVOLI’s refund obligations) due to an event that prevents, impedes, or delays the performance of its obligations hereunder, such as an act of God, terrorism, war or other military or police action, emergency state or similar, political insurgence, insurrection, riot, civil unrest, the act of civil or military authority, changes in applicable law or regulation, uprising, earthquake, flood or any other natural or man-made eventuality outside of INVOLI’s control.

11. APPLICABLE LAW AND SEVERABILITY

These Terms will be governed by and construed in accordance with the laws of Switzerland, excluding its conflict of law principles. These Terms shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded from application.

If for any reason a court of competent jurisdiction finds any portion of these Terms to be unenforceable, such excluded term shall be replaced with a valid provision that most closely approximates the Parties’ intent, and the remainder of these Terms will continue in full force and effect.

12. GENERAL

These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and INVOLI regarding your purchase of a Product and the other matters described in these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision.

13. ELIGIBILITY

If a natural person, you must be at least 18 years old to purchase a Product. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old. If you are purchasing a Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

14. TAXES

Except in the case of VAT where required by applicable law, all import duties, VAT, sales and other taxes, service fees, and any other additional charges are not included in the Product price or shipping cost. These charges are solely your responsibility. Please check with your country’s customs office to determine what these additional costs will be prior to committing to purchase a Product.

15. EXPORT CONTROL

You acknowledge that Product(s) may be subject to export control laws and other laws of your country and that if INVOLI ships a Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities.

You are responsible for compliance with all applicable export control laws and regulations. You represent that you will not export, re-export, or transfer indirectly or directly any Product without obtaining proper authorization from the applicable government agencies, as the case may be.

Without limiting the immediately preceding sentence, you will not export, re-export, or transfer directly or indirectly any Product to (i) an embargoed/terrorist-supporting country; (ii) a person or entity barred on export activity lists; or (iii) any destination for an end user that is prohibited by applicable law (either international law, your domestic law or the Swiss law).

You will defend and hold INVOLI harmless against all claims, damages, or liability resulting from a breach of the foregoing.

 

G-1090 RECEIVER SALE TERMS AND CONDITIONS

These sale terms and conditions (the “Terms”) apply to your purchase of one or more surveillance ground stations, also called “G-1090 Receiver” (the “Product”, a “G-1090 Receiver” or a “Receiver”) from INVOLI SA, a company headquartered at Place de la Gare 1, 1003 Lausanne, Switzerland (“INVOLI”, “Company”, “us,” “our,” or “we”). These Terms become duly binding once you commit to a purchase of one or more Products.

1. PRODUCT

The Product has the technical specifications provided to you separately or available on our website www.involi.com, as the case may be.

The Product may include and/or generate specific surveillance data, in accordance with the specifications of the Product (the “Data”). In order to access such data, you will be granted access to our user interface involi.live (the “Interface”). Further specific terms and conditions of use of such Interface will be applicable. FOR AS LONG AS THE DATA IS STREAMED ON THE INTERFACE, INVOLI WILL BE ENTITLED TO MAKE THE DATA AVAILABLE TO OTHER USERS OF ANY OF INVOLI SYSTEMS (INCLUDING, WITHOUT LIMITATION, USERS OF ANY VERSION OF INVOLI.LIVE AND/OR INVOLI.AERO AND/OR ANY OTHER SIMILAR SYSTEM THAT MAY BE MADE AVAILABLE IN THE FUTURE BY INVOLI), IRRESPECTIVE WHETHER THESE USERS ARE PAYING CUSTOMERS OR USERS RECEIVING A FREE OF CHARGE ACCESS TO SUCH SYSTEMS. INVOLI IS ALSO ENTITLED TO KEEP RECORDS OF THE DATA ON ANY MEDIUM IT MAY DEEM NECESSARY, FOR EXAMPLE, IN ORDER TO GENERATE STATISTICS OR TO SHARE INFORMATION WITH RELEVANT AUTHORITIES, SHOULD IT BE REQUIRED. 

In any case, Data is provided in a best-effort way and with no guarantee; data is to be used exclusively for drone traffic management, or for information, but not for manned air traffic separation/management/control No SLA (Service Level Agreement) is guaranteed regarding data quality and availability, which are provided on a best effort basis; specific SLA may be agreed under particular and separate terms.

2. USE OF THE PRODUCT

Unless we have a separate express agreement in this respect, you represent that the Product you have offered to purchase is for your own use and not intended for resale. Use of the Product is subject to all laws and regulations applicable in your jurisdiction. It is solely your responsibility to determine whether the Product and its intended use comply with local laws and regulations (this includes without being limited to the laws and regulations governing your activity and the ones applicable in the territory/ies where you intend to use the Product).

You expressly undertake to use the Product only for legal purposes and in full compliance with the applicable laws, including international law and your domestic laws.

You must also use the Product in strict accordance with the user documentation provided together with the Product or on our website www.involi.com and these Terms. INVOLI will not be liable for your inability to use the Product and your sole and exclusive remedy will be to request a refund as allowed under these Terms, especially since we assume that you are a professional in the field/s where the Product may be used. The return and refund will be made in accordance with section 4 below.

3. PAYMENT

Payment will be made in accordance with the relevant quotation and/or invoice you receive from INVOLI, as the case may be. Unless otherwise provided, payment of the full amount due shall be performed within 30 days of the quotation/invoice date.

Note that, unless otherwise expressly agreed, you are in charge to pay all shipping charges based on the address you provide us with. We shall inform you of the shipping costs before shipment and we shall invoice you accordingly. The shipping duties are not included. You will have to pay additional import duty, where applicable.

Note that all ordered Products remain the property of INVOLI until payment is received in full.

UNLESS OTHERWISE EXPRESSLY AGREED, Please note that in all cases we shall initiate shipment only after receiving your payment of both Product price and shipment charges.

4. RETURNS & REFUNDS

If you wish to exchange or return a Product that is faulty or otherwise damaged when you receive it, which does not correspond to the description of the Product, or which develops a fault after you receive it, you can do so in accordance with and pursuant to applicable law and as separately informed by INVOLI, in all cases within a 12 months period as of delivery of Product. We reimburse your payment (duties, taxes, and other expenses excluded) and the return shipping costs, which shall not exceed the initial shipment ones. Unless otherwise indicated, the refund of the sale price will be carried out in the same bank account as your payment was made.

Please note that we will exchange or refund Products only if their flaws or defects are attributable to us; as such, we will not accept exchange or refund of Products which were damaged during shipment or later while improperly used or transported.

In any case, except otherwise stated herein, shipping charges are not reimbursed.

This provision does not set aside your mandatory legal rights in this respect.

No Product will be taken back if it shows signs of damage or interference, such as

  • natural wear and tear; and/or
  • events out of our control e.g. natural disasters; and/or
  • signs of improper use; and/or
  • interference by the customer or a third person; and/or
  • extreme use or extreme influence by the customer.

No cost will be covered should the Product/s goes missing during the return shipping. We advise you to send all items back with a transport firm which provides a track & trace service and, of course, insurance for the transported packages.

In any case, all repair costs incurred outside of the warranty shall be borne by you. INVOLI reserves the right to invoice you for the examination of the defect claimed as well as for shipping fees for all devices showing no detectable defects or defects that are not covered by the warranty.

5. TRANSFER OF RISK AND TITLE
Unless otherwise expressly agreed by INVOLI, all shipments are made “DAP - Delivered at Place” (Incoterms 2020)

6. INTELLECTUAL PROPERTY

INVOLI (or its licensors, as the case may be) own all patent, trademark, copyright, trade secret, and other intellectual property rights in the Product. If you acquire the Product, you will acquire no interest or rights in INVOLI’s intellectual property, except as provided herein or in the applicable license(s), as the case may be. INVOLI reserves all rights in and to the Products not granted expressly in these Terms or other additional license terms.

7. DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED UNDER SECTION 4 ABOVE (WARRANTY. RETURN & REFUNDS), AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT, THE INTERFACE, THE DATA AND OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY OTHER GUARANTEED WARRANTY OF ANY KIND, AND INVOLI HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. INVOLI DOES NOT WARRANT THAT USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. INVOLI DOES NOT WARRANT THAT ANY PRODUCT COMPLIES WITH ALL APPLICABLE LAWS OR REGULATIONS IN ANY PARTICULAR JURISDICTION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE PRODUCT, IN WHICH RESPECT WE STRONGLY RECOMMEND YOU UNDERWRITE ADEQUATE INSURANCES.

8. Limitation of Liability

INVOLI’s liability is limited. Liability is based on the applicable legal provisions. However, to the maximum extent permitted by the law, in no event shall INVOLI be liable for (i) negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealized savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of INVOLI, be this contractual or non-contractual.

Moreover, INVOLI is not liable for damage resulting from the following causes:

  • Inadequate shipment conditions;
  • Storage, setting, or use of products that is improper, unlawful, or contrary to contract;
  • Use of incompatible spare parts or accessories (e.g. power supply);
  • Failure to maintain and/or improper modification or repair of the Products by our clients or a third party;
  • Force majeure, particularly natural hazards, moisture, shock and impact, etc. that are not caused by INVOLI or official orders.

EXCEPT WHERE PROHIBITED UNDER BY APPLICABLE LAW, IN NO EVENT WILL INVOLI, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “INVOLI PARTIES”) BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE ANY PRODUCT, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF INVOLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THE PARTICULAR AFOREMENTIONED CASES/SITUATIONS (IN ANY COMBINATION WHATSOEVER), SO THIS LIMITATION MAY NOT APPLY TO YOU.

You agree that the aggregate liability of the INVOLI Parties to you for all claims arising out of or related to these Terms or your use or inability to use a Product shall not exceed the amount you paid to INVOLI for that Product, except as may be required by applicable law. This section and all limitations will apply even if the above-stated remedy fails in its essential purpose or if the other party knew or should have known of the possibility of such damages. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties and shall survive any termination or expiration of these Terms.

9. INDEMNITY

You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless the INVOLI Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use (or misuse) of, any Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity right; or (d) any dispute or issue between you and any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

10. FORCE MAJEURE

INVOLI will not be liable to you for any delay, non-delivery, non-acceptance, or any other matter (except for INVOLI’s refund obligations) due to an event which prevents, impedes, or delays a party’s performance of its obligations hereunder, such as an act of God, terrorism, war or other military or police action, emergency state or similar, epidemics, pandemics, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, changes in applicable law or regulation, uprising, earthquake, flood or any other natural or man-made eventuality outside of INVOLI’s control.


11. CONSENT TO COMMUNICATIONS

These Terms will be governed by and construed in accordance with the laws of Switzerland, excluding its conflict of law principles. These Terms shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded from application.

If for any reason a court of competent jurisdiction finds any portion of these Terms to be unenforceable, such excluded term shall be replaced with a valid provision that most closely approximates the Parties’ intent, and the remainder of these Terms will continue in full force and effect.

12. GENERAL

These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and INVOLI regarding your purchase of a Product and the other matters described in these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision.

13. ELIGIBILITY

If a natural person, you must be at least 18 years old to purchase a Product. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old. If you are purchasing a Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

14. TAXES

Except in the case of VAT where required by applicable law, all import duties, VAT, sales and other taxes, service fees, and any other additional charges are not included in the Product price or shipping cost. These charges are solely your responsibility. Please check with your country’s customs office to determine what these additional costs will be prior to committing to purchase a Product.

15. EXPORT CONTROL

You acknowledge that Product(s) may be subject to export control laws and other laws of your country and that if INVOLI ships a Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities.

You are responsible for compliance with all applicable export control laws and regulations. You represent that you will not export, re-export, or transfer indirectly or directly any Product without obtaining proper authorization from the applicable government agencies, as the case may be.

Without limiting the immediately preceding sentence, you will not export, re-export, or transfer directly or indirectly any Product to: (i) an embargoed/terrorist-supporting country; (ii) a person or entity barred on export activity lists; or (iii) any destination for an end-user that is prohibited by applicable law (either international law, your domestic law or the Swiss law).

You will defend and hold INVOLI harmless against all claims, damages, or liability resulting from a breach of the foregoing.

 

INVOLI.live / INVOLI.aero Terms and Conditions

Welcome! This website is located at www.involi.live, www.involi.aero, or any other website where these Terms are or may be in the future posted (including any subdomains and versions thereof, the “Website”) is owned and operated by Involi SA, with its registered address at Place de la Gare 1, 1003 Lausanne, Switzerland, registered under number 448.257.640 (“Involi”, “Company”, “us,” “our,” or “we”). Involi provides real-time flight tracking of air traffic, accessible by using, as the case may be, our Website, our mobile applications, API, services or other information provided as part of our services (collectively the "Services").

Please read these Terms & Conditions for using the Website (the “Terms”) carefully before accessing the Website, creating your user account, and/or generally using any Services for whatsoever purposes. By using our Website or any Service, you agree to be legally bound by these Terms. Please note that Involi will not accept any derogation from these Terms unless expressly agreed in writing by Involi itself.

1. REGISTRATION

In order to use the Website or any of our Services, you will be required to register and create a user account and you will be bound by these Terms.

During registration, you will be asked to provide your e-mail address and password, as well as your name, last name, date of birth, organization (optional), phone number, and address (including city, zip code, and country). You are responsible for providing accurate and correct registration information and we assume no liability for any error, inaccuracy, or omission in such information or in the service resulting from any information provided by you. By becoming a registered user of the Website or our Services, you will also be prompted to give your consent to our processing of your personal data in accordance with our Privacy Policy.

Your credentials for accessing the Website or our Services are personal and will not be shared with other persons or organizations and will be in any case used only for the purposes they were granted for, subject to relevant damages.

If you are a physical person, you must be over 18 years of age in order to register an account for the services. Your right to use the Website or any Service will automatically terminate if you violate any of these restrictions and may be terminated by Involi at any time.

2. USER ACCOUNT

Each user is personally and solely responsible for all actions and transactions made through his/her account. You are responsible for maintaining the confidentiality of your password and you should ensure that you exit properly from your account at the end of each session. You agree to notify Involi immediately if you suspect any unauthorized use of your account or access to your password or account.

If you wish to deactivate your account, please contact us by using info@involi.com.

3. THIRD-PARTY SERVICES

The Services are integrated with certain third-party applications, websites, and services ("Third-Party Services") to make available content, products, and/or services to you. These Third-Party Services may have their own terms and conditions of use and privacy policies and your use of these Third-Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Involi does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Services or for any transaction you may enter into with the provider of any such Third-Party Services.

4. LICENSE

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable right to access and use the Services. Unless otherwise stated in these Terms, this right is granted for your personal, non-commercial use only. This is the grant of a license, not a transfer of title, and under this license, you may not:

  • Modify or copy the materials;
  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • Attempt to decompile or reverse engineer any software contained on the Services;
  • Remove any copyright or other proprietary notations from the materials; or
  • Transfer the materials to another person or "mirror" the materials on any other server.

This license and the right to access the Services shall automatically terminate if you violate any provision of these Terms.

5. UNAUTHORIZED USE/NO INTERFERENCE

You agree that you will not use or attempt to use any method, device, software, or routine to harm others or interfere with the functioning of the Website or the Services or use and/or monitor any information in or related to the Website or the Services for any unauthorized purpose. Specifically, each user, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and any other third party to) do any of the following:

  • Use the Website or the Services or any data contained therein or provide, link, or otherwise make available, any information on the Website or the Services that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;
  • Impersonate any person or entity, or otherwise misrepresent your affiliation;
  • Manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
  • Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by the Services;
  • Alter or delete information not provided by you, or interfere with the operation of the Services including, but not limited to, by the distribution of unsolicited advertising or mail messages or propagation of worms, viruses, and the like.

You also agree not to permit any other user of the Website or the Services to access, view, download, or reproduce the material for any use not permitted by us.

6. INTELLECTUAL PROPERTY

Involi (or its licensors, as the case may be) own all patent, trademark, copyright, trade secret, and other intellectual property rights in the Website and the Services. By using the Website and the Services, you will acquire no interest or rights in Involi’s intellectual property, except as provided herein or in the applicable license(s), as the case may be. Involi reserves all rights in and to the Website and the Services not granted expressly in these Terms or other additional license terms.

7. WARRANTY AND DISCLAIMER

The provided information on aircraft position and identity, in particular, originates directly from the aircraft, which transmits this information through public radio frequencies, according to the ‘automatic dependent surveillance-broadcast (ADS-B). The information collected and published may contain errors, due to the intrinsic limitations of radio communications (e.g. limited coverage, interference, attenuation, special weather conditions, etc.), due to erroneous configuration of the ads-b devices on board, due to negligent data entry by aircraft crew, due to erroneous position received by the aircraft GPS and due to other factors beyond the control of Involi. Data is provided for informational purposes only and is not related by any means to the safety of navigation.

Consequently, we cannot provide any type of guarantee and are neither responsible for the correctness, validity, thoroughness, and accuracy of that information published, nor for the suitability of their usage for purposes other than informational only.

EXCEPT AS MAY BE EXPRESSLY PROVIDED BY INVOLI, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, AND OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY OTHER GUARANTEED WARRANTY OF ANY KIND, AND INVOLI HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE WEBSITE OR THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. INVOLI DOES NOT WARRANT THAT USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. INVOLI DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES COMPLY WITH ALL APPLICABLE LAWS OR REGULATIONS IN ANY PARTICULAR JURISDICTION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE WEBSITE OR THE SERVICES, IN WHICH RESPECT WE STRONGLY RECOMMEND YOU UNDERWRITE ADEQUATE INSURANCES. WE DO NOT WARRANT THAT ANY OFFER OR CONFIRMATION SUBMITTED THROUGH OUR WEBSITE WILL BE RECEIVED IN A TIMELY FASHION, OR AT ALL. FURTHER, WE PROVIDE NO WARRANTY OR OTHER ASSURANCE THAT WE WILL ACCEPT YOUR OFFER OR GRANT PRIORITY TO ANY SINGLE OFFER OVER ANOTHER OFFER FOR ANY REASON, WHATSOEVER. ALL ACCEPTANCE DECISIONS ARE TO BE MADE AT THE SOLE AND EXCLUSIVE DISCRETION OF INVOLI.

FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT ACCESSIBLE THROUGH THE WEBSITE OR THE SERVICES AND OTHER SERVICES OR OTHERWISE RELATING TO SUCH CONTENT OR ON ANY SITES LINKED TO THE SERVICES.

WE DO NOT GUARANTEE THAT THE SERVICES OR THE SERVERS THROUGH WHICH THEY BECOME AVAILABLE TO USERS DO NOT CONTAIN VIRUSES OR OTHER HARMFUL COMPONENTS, ALTHOUGH WE MAKE EVERY EFFORT TO ENSURE IT.

THE WEBSITE OR THE SERVICES AND THE CONTENT THEREIN MAY INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. WE DO NOT WARRANT THAT ANY OF THE MATERIALS ON THE WEBSITE OR THE SERVICES ARE ACCURATE, COMPLETE, OR CURRENT. WE MAY MAKE CHANGES TO THE MATERIALS CONTAINED ON THE SERVICES AT ANY TIME WITHOUT NOTICE. WE DO NOT, HOWEVER, MAKE ANY COMMITMENT TO UPDATE THE MATERIALS.

8. LIMITATION OF LIABILITY

Liability is based on the applicable legal provisions. However, to the maximum extent permitted by the law, in no event shall Involi be liable for (i) negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealized savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of Involi, be this contractual or non-contractual.

EXCEPT WHERE PROHIBITED UNDER BY APPLICABLE LAW, IN NO EVENT WILL INVOLI, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “INVOLI PARTIES”) BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE WEBSITE, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF INVOLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THE PARTICULAR AFOREMENTIONED CASES/SITUATIONS (IN ANY COMBINATION WHATSOEVER), SO THIS LIMITATION MAY NOT APPLY TO YOU.

You agree that the aggregate liability of the Involi Parties to you for all claims arising out of or related to these Terms or your use or inability to use the Website or a Service shall not exceed the amount you paid to Involi for the use of the Website or for that Service, except as may be required by applicable law. This section and all limitations will apply even if the above-stated remedy fails in its essential purpose or if the other party knew or should have known of the possibility of such damages. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties and shall survive any termination or expiration of these Terms.

9. INDEMNITY

You alone are responsible for the manner in which you use the Website or the Service. You shall defend, indemnify and hold harmless the Involi Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use (or misuse) of, the Website or any Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity right; or (d) any dispute or issue between you and any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

10. FORCE MAJEURE

Involi will not be liable to you for any delay, non-delivery, non-acceptance, or any other matter relating to your use of the Website or any Service due to an event that prevents, impedes, or delays a party’s performance of its obligations hereunder, such as an act of God, terrorism, war or other military or police action, political insurgence, insurrection, riot, civil unrest, an act of civil or military authority, changes in applicable law or regulation, uprising, earthquake, flood or any other natural or man-made eventuality outside of Involi’s control.

11. PRIVACY

We describe all policies related to our collection and use of data in our current Privacy Policy, which is incorporated into these Terms by this reference. Please note, that we may significantly modify our Privacy Policy before or at any time after you start using the Website or any Service, and we will post our current Privacy Policy on our Website. If you have any questions or concerns regarding your privacy, please contact us.

12. MODIFICATION OF THESE TERMS

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms before you use the Website or any Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Your sole remedy for any claim arising from any change in these Terms is to obtain a refund of the amounts you paid.

Except for the updates we could make from time to time, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

13. CONTROLLING LAW AND SEVERABILITY

These Terms will be governed by and construed in accordance with the laws of Switzerland, excluding its conflict of law principles. These Terms shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded from application.

If for any reason a court of competent jurisdiction finds any portion of these Terms to be unenforceable, such excluded term shall be replaced with a valid provision that most closely approximates the Parties’ intent, and the remainder of these Terms will continue in full force and effect.

14. CONSENT TO COMMUNICATIONS

By using the Website, you consent to receive certain communications (including electronic ones) from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you will satisfy any legal communication requirements, including that such communications be in writing.

15. GENERAL

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Involi regarding your use of the Website or any Service and the other matters described in these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision.

One tool for all your air traffic information