These Terms of Service (hereinafter, the "Terms") govern access to and use of the DRONCORE platform and the related services (hereinafter, the "Service") provided by ESDINET SCP, with Spanish tax ID (CIF) J25715848 and registered office in Spain, owner of the website https://www.droncore.com (hereinafter, the "Provider"), to the client that contracts the Service (hereinafter, the "Client"). The Provider and the Client are jointly referred to as the "Parties".
The Service is addressed exclusively to professionals, companies, self-employed workers, professional unmanned aircraft (UAS) operators, public administrations, law-enforcement bodies and forces, emergency services, private-security companies and professional organisations, for use within their business or professional activity. The Service is not addressed to consumers within the meaning of article 3 of Spanish Royal Legislative Decree 1/2007 (TRLGDCU). Accordingly, these Terms shall be interpreted as a contractual relationship between professionals (B2B / B2G).
The Client declares having read, understood and fully accepted these Terms prior to signing up for the Service and using it. Acceptance is made by electronic means by ticking the corresponding acceptance control. The Provider keeps a record of such acceptance (user identifier, Client, version accepted, cryptographic hash of the document, date, time, IP address and user agent) for evidentiary purposes, in the terms of the clause on electronic acceptance and evidence.
- PROVIDER'S DATA AND COMMUNICATIONS. The Provider is ESDINET SCP, with Spanish tax ID (CIF) J25715848 and contact email droncore@droncore.com. Communications arising from these Terms shall be made in writing to the email indicated or to any email that either Party designates by the same means. The Provider's notices may also be sent to the Client through the Service itself or to the email associated with the account.
- DEFINITIONS. For the purposes of these Terms, the following shall mean: (i) "Service", the software as a service (SaaS) DRONCORE and the modules, functionalities, mobile applications, interfaces, APIs and related services offered by the Provider at any given time; (ii) "Client", the natural or legal person that contracts the Service in its own name or on behalf of the entity it represents; (iii) "Users", the natural persons authorised by the Client to access the Service under individual credentials; (iv) "Client Data", all the information, documents, images, videos, flight logs, records, telemetry, reports and any other content uploaded, generated or processed through the Service by the Client or its Users; (v) "Personal Data", that Client Data which constitutes personal data under Regulation (EU) 2016/679 ("GDPR"); (vi) "End Clients", the third parties to whom the Client, within its own business activity, provides services of any nature, whether or not such services rely on the Service.
- SUBJECT MATTER AND DESCRIPTION OF THE SERVICE. The Service is a cloud platform aimed at the operational management, documentation, traceability, analysis, communications and integration for unmanned aircraft (UAS) operators and related activities, including, by way of example and without limitation, the management of pilots, aircraft, batteries, operations, maintenance, flight logs, documentation, calendars, notifications, informational alerts, key performance indicators (KPIs), automated analytics and the upload, storage, synchronisation and consultation of associated files. The specific scope of the modules and functionalities available to the Client shall depend on the plan contracted and on the options active at any given time. The Provider may add, modify, replace or withdraw modules and functionalities in accordance with the modifications clause.
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NATURE OF THE SERVICE. AUXILIARY TOOL. EXPRESS
EXCLUSIONS.
The Client expressly acknowledges and accepts that the Service is, for all purposes, an auxiliary technological tool for management, documentation, traceability, analysis, communications and integration and that, except as otherwise expressly agreed in writing, it is not and does not constitute:
- an alarm receiving centre;
- an alarm, anti-intrusion, anti-theft or anti-burglary system;
- a physical, electronic or perimeter security system;
- a mission-critical, real-time-critical or high-availability system within the meaning of the applicable sector-specific regulations;
- an emergency, rescue, civil-protection, emergency-services alert or healthcare system;
- a command, control, operational-direction or dispatch system;
- a guarantee of surveillance, detection, response or intervention in the face of any incident;
- a guarantee of regulatory compliance by the Client;
- a certified aeronautical system, flight-safety system or aircraft-control or navigation system, nor does it in any way replace the equipment, procedures, authorisations, licences, training, operational declarations or manuals required by the applicable aeronautical regulations, in particular by Implementing Regulation (EU) 2019/947, Regulation (EU) 2018/1139, the decisions and guidelines of EASA and the implementing national regulations, including supervision by AESA (Spanish Aviation Safety Agency);
- a certified system for the preservation of electronic evidence, chain of custody, qualified time-stamping or qualified electronic signature within the meaning of Regulation (EU) 910/2014 ("eIDAS"), nor of UNE 71505, UNE 71506, ISO/IEC 27037, ISO/IEC 27042, ISO/IEC 27043 standards or of the Spanish National Security Framework (ENS);
- an infrastructure whose availability may be used as the sole means, channel or guarantee for protecting persons, assets, facilities, rights or activities;
- a substitute for the books, records, archives or mandatory documentation that the Client must keep by virtue of the applicable regulations, nor does it act as an official or authentic repository vis-à-vis third parties, authorities or insurers.
The Service is provided on the basis of the Provider's reasonable means and best efforts and in the state and with the functionalities available at any given time ("as is" and "as available"), to the maximum extent permitted by applicable law. The Client is solely responsible for assessing the suitability of the Service for its needs, for establishing its own processes, controls, redundancies, backups, verifications, contingencies and alternative systems, and for having at all times sufficient own human, technical and organisational means to continue its activity when the Service is unavailable for any reason.
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USE IN SECURITY, SURVEILLANCE, EMERGENCY AND
THIRD-PARTY-SERVICES ACTIVITIES.
This clause is particularly relevant when the Client uses the Service within the framework of private-security, surveillance, inspection, control, protection of persons or property, emergency, civil-protection, fire-fighting, rescue or salvage-service activities, access control, anti-intrusion, anti-theft, asset tracking, patrolling, support to law-enforcement bodies and forces, or any other activity in which the Client provides services to End Clients or to third parties with total or partial reliance on the Service.
- The Client is solely and exclusively responsible for the services it provides to its End Clients and to third parties, as well as for the incidents, results, response times, degree of surveillance, level of detection, quality of the intervention and any obligations assumed towards them.
- The Provider is not a party to, and assumes no contractual position whatsoever, in the relationship between the Client and its End Clients or third parties. Such relationship is governed exclusively by the private agreements the Client has entered into with such third parties, to which the Provider is not a party, signatory or beneficiary.
- The Provider has no knowledge of and does not accept the contracts, specifications, service-level agreements (SLAs), availability obligations, response-time obligations, penalty clauses, discounts, service credits, penalties, indemnities, recording commitments, transmission commitments, alerting commitments, surveillance commitments, intervention commitments or any other guarantees or commitments that the Client has assumed towards End Clients or third parties.
- No obligation assumed by the Client towards End Clients or third parties may extend, modify, alter or novate the Provider's obligations under these Terms. The Client may not, under any circumstances, commit on behalf of the Provider to availability levels, response times, transmission parameters, recording, storage, preservation, surveillance, alerting, intervention or operation obligations that have not been expressly accepted by the Provider in a document signed by a representative with sufficient power.
- The Client undertakes to have at all times sufficient own procedures, personnel, technical means, communications networks, redundancies, contingencies and alternative systems to continue providing its services when the Service is unavailable, is interrupted, is degraded, fails in whole or in part, does not synchronise, does not record, does not transmit, does not notify or does not generate alerts, for any cause. The Service must not under any circumstances constitute the sole means for the Client to provide its services or to comply with its obligations towards End Clients or third parties.
- To the maximum extent permitted by applicable law, the Provider shall not be liable for claims, damages, losses, loss of profits, indemnities, penalties, costs or any other consequence arising directly or indirectly from: security incidents, robberies, intrusions, thefts, fires, leaks, accidents, loss events, health emergencies, acts of vandalism, personal injury, property damage, financial losses, interruptions of the Client's or its End Clients' activity, loss of evidentiary data of the Client's services, inability to evidence the performance of patrols or surveillance, or other events related to the activity carried out by the Client or its End Clients, even where such events occurred during periods in which the Service was unavailable, did not function properly, did not record, did not transmit, did not synchronise, did not alert or presented errors, failures, latencies, interruptions, degradations or inaccuracies.
- The Client shall hold the Provider harmless in the terms of the indemnity clause against any claims from End Clients or third parties arising from the services provided by the Client or from the Client's use of the Service in the framework of such services, except in those cases in which liability cannot legally be excluded.
- CLIENT'S CONTRACTS WITH THIRD PARTIES. The Provider does not know, does not accept, does not assume and is not bound by the contracts, specifications, purchase orders, framework agreements, service-level agreements (SLAs), public tenders, particular conditions or any other negotiating instrument that the Client enters into with End Clients or with third parties, regardless of whether the Client uses or intends to use the Service in the performance thereof. To the maximum extent permitted by applicable law, the Provider's liability is specifically excluded for: contractual penalties, penalty clauses, discounts, service credits, indemnities, SLAs, availability commitments, response-time commitments, loss of contracts, loss of tenders, loss of End Clients, claims from End Clients or third parties, service-replacement costs and any other financial consequences that the Client has assumed towards End Clients or third parties.
- SIGN-UP, ACCOUNT AND CREDENTIALS. Sign-up for the Service requires completion of the data requested by the Provider, which must be truthful, accurate, complete and up-to-date. The Client is responsible for the custody and confidentiality of the access credentials, for the management of authorised Users (additions, removals, permissions, roles, configuration), for passwords, for accesses, for the security of its devices and for all actions carried out from its account or with valid credentials issued to the Client or its Users. In particular, the Client is responsible for immediately deactivating the credentials of employees or collaborators whose relationship ceases. The Client shall notify the Provider without delay of any unauthorised use, loss or suspected compromise of credentials. To the maximum extent permitted by applicable law, the Provider shall not be liable for actions carried out using valid credentials when the incident is attributable to the Client, to its Users or to third parties whose accesses are the Client's responsibility, without prejudice to the Provider's own legal obligations regarding security.
- ACCEPTABLE USE OF THE SERVICE. The Client undertakes to use the Service in accordance with these Terms, with good faith, with the applicable law and with the legitimate purposes of its activity. In particular, the following is prohibited: (i) using the Service for illegal, fraudulent purposes or purposes harmful to the rights of third parties; (ii) uploading unlawful, harmful, defamatory, obscene content or content that infringes intellectual, industrial, image or data-protection rights; (iii) accessing, testing or altering parts of the Service that are not authorised or that belong to other clients; (iv) reverse engineering, decompiling, disassembling or attempting to derive the source code, except to the extent permitted by mandatory rules; (v) circumventing or disabling security measures, access controls, quotas or technical limitations; (vi) using the Service to develop or commercialise a competing product or service; (vii) carrying out abusive scraping, massive or automated unauthorised data extractions, load tests, intrusion, scanning or auditing without prior written authorisation; (viii) using automated tools, bots or undocumented APIs; (ix) reselling, redistributing, sublicensing or transferring the Service or its data to third parties without authorisation. Breach shall entitle the Provider to suspend or terminate the Service in accordance with the corresponding clause.
- PLANS, FREE TRIALS AND PRELIMINARY VERSIONS. The Service may be offered under different plans and modalities. Free trials, evaluation versions, modules marked as "beta", "preview", "pilot" or similar, and experimental functionalities are offered at no cost and, to the maximum extent permitted by applicable law, without any warranty; they may be modified or withdrawn at any time, may contain errors, do not guarantee data persistence and are not covered by the availability or support commitments of the Service in production.
- PRICE, BILLING AND TAXES. The Client shall pay the Provider the prevailing prices of the plan contracted in accordance with the periodicity and payment method agreed. Unless otherwise expressly indicated, prices are expressed in euros and do not include VAT or any other applicable tax, which shall be charged additionally to the Client. The Provider may revise the prices annually by applying, as a minimum, the year-on-year variation of the Consumer Price Index (CPI) published by the Spanish National Statistics Institute, as well as pass on duly justified extraordinary increases of infrastructure or third-party-licence costs, with a minimum of thirty (30) days' advance notice. Partial or total non-payment of fees shall entitle the Provider to suspend the Service after an unmet payment demand within the stated period, without prejudice to the accrual of default interest at the applicable legal rate and to the claim for damages and collection costs.
- TERM, RENEWAL AND ORDINARY TERMINATION. The contract shall have the duration indicated in the plan contracted and, failing that, an annual duration. It shall be automatically renewed for equal periods unless either Party notifies the other of its intention not to renew with a minimum of thirty (30) days' advance notice before the expiry date, through the notification means provided. Termination for convenience before expiry shall not give rise to any refund of fees paid nor exempt from payment of outstanding fees for the current period. As this is a relationship between professionals (B2B / B2G), the rights of withdrawal applicable to consumers do not apply.
- MODIFICATIONS TO THE SERVICE AND THE TERMS. The Provider may modify the Service and these Terms to adapt them to legal, market, supplier, security or functional evolution changes. Material modifications shall be communicated to the Client with a minimum of thirty (30) days' advance notice before their entry into force, through the notification means provided, and shall require the Client's new acceptance where legally required, with the new Terms being acceptable in the Client's next session. If the Client does not accept the new terms, it may terminate the contract without penalty by notifying before the date of entry into force; otherwise, continued use of the Service after the entry into force shall imply acceptance thereof. Minor modifications, clarifications or those imposed by law, judicial or administrative decision may enter into force on a shorter notice or immediately where necessary. Each version of the Terms is identified by its own version number and is archived immutably at /legal-archive/, so that the Client may at any time consult the version it accepted, in the terms of the clause on electronic acceptance and evidence.
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AVAILABILITY OF THE SERVICE AND MAINTENANCE.
The Provider shall endeavour, with reasonable efforts, to keep the Service available with an indicative monthly availability of approximately 99%. This figure is purely informational, does not constitute a warranty, does not constitute a Service Level Agreement (SLA), does not generate service credits, does not automatically give rise to a right to indemnity, does not guarantee future availability and is not enforceable as a contractual obligation, unless the Parties expressly so agree in a separate document signed by a representative of the Provider with sufficient power.
The Provider may, when it deems it necessary and without giving rise to any liability except as expressly agreed otherwise: (i) carry out scheduled maintenance; (ii) carry out urgent unscheduled maintenance; (iii) deploy updates, patches or new versions; (iv) carry out infrastructure modifications, cloud-provider migrations, architecture changes or reconfigurations; (v) carry out security actions, incident response or preventive strengthening; (vi) carry out the interruptions necessary for technical, operational, legal or security reasons.
The following are expressly excluded from the calculation and from any availability commitment, if any: (i) scheduled maintenance windows; (ii) emergency shutdowns for security reasons; (iii) interruptions attributable to the Client, to its Users, to its equipment, to its network or to its configuration; (iv) interruptions attributable to third parties, including cloud-infrastructure providers (such as AWS, Azure, Google Cloud, OVH, Hetzner or any others), telecommunications providers, Internet, mobile networks, DNS, CDN, payment gateways, external integrations, third-party APIs, DJI and DJI Cloud API, weather services, airspace services, maps and cartographic bases, aircraft manufacturers, remote controllers, Client's aircraft and devices, and third-party software installed on the Client's equipment; (v) cases of force majeure; (vi) cyber-attacks, denials of service, intrusions, ransomware or exploitation of vulnerabilities; (vii) modules in beta, pilot or preview; (viii) free trials and no-cost plans; (ix) the streaming, video or telemetry functionalities described in the following clause.
The Service is not designed as a high-availability system for critical, emergency, security or real-time operations, and the Client must not use it as the sole means for tasks that require such level of guarantee, in the terms of the clauses on the nature of the Service and on use in security activities.
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STREAMING, VIDEO, IMAGES AND TELEMETRY.
The Service may incorporate, in whole or in part and depending on the plan and the active modules, video-streaming functions, image capture and reception, real-time transmission, telemetry, integration with DJI Cloud API and equivalent services, and storage of audiovisual content.
To the maximum extent permitted by applicable law, the Provider does not guarantee, for such functionalities: availability; continuity; resolution; quality; absence of latency; absence of interruptions, cuts, jumps or frame loss; exact temporal synchronisation; bit-by-bit integrity; effective reception at destination; correct decoding; storage; preservation; uninterrupted capture; absence of partial or total loss of content; subsequent recovery; nor fitness for evidentiary, expert, surveillance, security or intervention purposes.
Such functionalities depend on multiple elements beyond the Provider's reasonable control, including: coverage and quality of the mobile or Wi-Fi network; bandwidth available at origin and destination; status and configuration of the Client's device, of the aircraft, sensors, controller and payload; status of the manufacturer's APIs (including DJI Cloud API) and its commercial policies; status of third-party cloud services; interruptions of Internet infrastructures; third-party acts; weather conditions; and configuration by the Client of the quality and transmission parameters. The Client accepts such limitations as inherent to the technology and undertakes not to use these functionalities as the sole means for activities requiring a guarantee of result.
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ALERTS, KPIs, AUTOMATIONS AND ANALYTICS.
The Service may incorporate, now or in the future, alerts, notices, reminders, notifications, key performance indicators (KPIs), flight-quality indicators, anomaly detection, log analysis, automated documentation analysis, expiry notices, maintenance notices, recommendations, automated controls, dashboards and equivalent analytical functionalities (hereinafter, the "Analytical Tools").
The Analytical Tools are exclusively informational and auxiliary tools. To the maximum extent permitted by applicable law, the Provider does not guarantee their accuracy, completeness, timeliness, continuity or fitness for any particular purpose. The absence of an alert, notice, notification, reminder, indication or recommendation by the Service does not mean, under any circumstances: that an operation is safe; that it is lawful; that it complies with the applicable regulations; that a pilot is correctly authorised or fit to fly; that an aircraft is fit for the operation; that the documentation is necessarily in force, complete or compliant; that there is no anomaly, incident or risk; nor that the Client may consider any obligation fulfilled.
The Client undertakes to verify independently, by its own means and through competent professionals, all the information necessary to make operational, regulatory, security or compliance decisions. The Service and the Analytical Tools do not replace the remote pilot, the operator, the safety manager, the operational manager, the compliance manager, the facility owner, or any other competent professional, whose functions and responsibilities remain fully in force.
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CLIENT DATA. UPLOADS, SYNCHRONISATIONS AND
RETENTION.
The upload, synchronisation, publication, modification and deletion of Client Data are carried out under the exclusive responsibility of the Client and its Users. The Client is responsible for verifying at all times the correct execution and result of such operations, as well as the integrity, accuracy, lawfulness and currency of the Data.
The Provider shall adopt reasonable backup measures ("backup") of the information stored in the Service for operational-continuity purposes, such backups not constituting an historical archive service, a long-term preservation service or a substitute for the Client's own backups. The Provider does not promise or guarantee data recovery beyond the ordinary backups it effectively maintains at any given time in accordance with its internal policies, and is not obliged to carry out ad-hoc recoveries beyond the ordinary purposes of Service continuity.
The platform must not be considered the sole archive or repository of the Client's critical information unless there is a specific contractual commitment signed by a representative of the Provider with sufficient power. The Client is solely responsible for keeping its own copies and originals of all material whose loss, modification or unavailability may cause it damage, including, by way of example, physical original media (memory cards, drone recordings, flight log-books, delivery notes and certifications), official documents, expert reports and all information whose preservation is required or convenient for its activity.
Automatic synchronisations with third-party services (for example, DJI Cloud, weather services, airspace services, any external APIs) depend on the availability, configuration, policies and continuity of such third parties and may fail, be delayed, lose information, duplicate it or return incomplete or erroneous data without this being attributable to the Provider.
The Provider may establish storage, file-size, age, retention, number-of-operations-per-unit-of-time or other technical quotas, and may purge or archive Client Data when such limits are exceeded, with reasonable prior notice where technically possible.
Upon termination of the contract, the Client shall have a reasonable period of no less than thirty (30) calendar days from the effective termination to export its Data through the tools made available. After that period, the Provider may delete the Client Data without further obligation, except for retentions imposed by law.
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EVIDENTIARY, EXPERT OR THIRD-PARTY USE OF THE DATA.
The Client expressly acknowledges and accepts that the Client Data stored or displayed by the Service, including images, videos, flight logs, reports and any other information, are not, unless otherwise expressly agreed in writing, subject to qualified electronic-evidence preservation mechanisms, qualified time-stamping, qualified electronic signature, certified chain of custody or permanent forensic audit. Such Data have, in themselves, internal documentary management value and do not constitute qualified evidence within the meaning of the Spanish Civil Procedure Act (LEC), Regulation (EU) 910/2014 (eIDAS) or the technical standards applicable to electronic evidence.
If the Client intends to use the Client Data before authorities, courts, tribunals, arbitrators, insurers, experts or any third parties for evidentiary, expert, credentialing or similar purposes, it shall be its exclusive responsibility to adopt the additional preservation and credentialing means necessary to give them the evidentiary value required, including, by way of example, obtaining and preserving cryptographic hashes, qualified time-stamps, qualified electronic signatures, notarial interventions, trusted-third-party certifications or IT expert reports. The Client shall also preserve by its own means the original files on the source media (e.g., drone memory cards) prior to their upload or deletion.
To the maximum extent permitted by applicable law, the Provider assumes no liability for the fitness, sufficiency, admissibility, value or evidentiary or expert efficacy of the Client Data, nor for the consequences of their inadmission, challenge, dismissal, loss of value or procedural dismissal, nor for the decisions, resolutions or assessments that any authority, court or third party may adopt in relation to such Data or to their absence.
Likewise, the Provider assumes no liability for damages arising from the fact that a datum, video, image, log, operation, alert, notification, maintenance, expiry or record has not been recorded, generated, uploaded, synchronised, stored, displayed, exported or preserved in the Service, regardless of the cause, including software errors, specific defects, third-party incidents, loss of connection, failures of the Client's devices, errors or omissions by the Users or any others.
- CLIENT'S OBLIGATIONS AND RESPONSIBILITIES. The following are the sole responsibility of the Client, by way of example and without limitation: (i) full compliance with the regulations applicable to it, including aeronautical, data-protection, private-security, labour, environmental, tax, intellectual-property, image and any other regulations related to its activity; (ii) obtaining, maintaining, renewing and keeping all the licences, authorisations, operational declarations, qualifications, insurance policies, staff training and mandatory documentation required by such regulations; (iii) the truthfulness, accuracy and currency of the information uploaded to the Service; (iv) the active supervision of operations carried out from its account; (v) the effective verification, by its own means, that the critical information (flights, maintenance, expiries, logs, videos, incidents, notifications, pilot and aircraft documentation) has been correctly recorded, uploaded and accessible in the Service; (vi) the maintenance of its own backups and original media; (vii) the configuration, security and updating of its devices, networks and connections; (viii) the correct parameterisation of notices, thresholds, alerts, reminders and notifications; (ix) the operational, organisational or economic decisions it adopts, even where they take Service information into account; (x) the obligations of information, consent and transparency towards its Users, workers, pilots, End Clients and third parties whose data it processes through the Service; (xi) the availability of alternative procedures and systems to continue its activity when the Service is unavailable, as provided in these Terms.
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UAS AND REGULATORY COMPLIANCE.
The Service helps the Client manage documentation, operations and traceability related to UAS, but does not guarantee the Client's regulatory compliance nor does it exempt it from any of its legal or regulatory obligations.
The Client is solely responsible for determining, regardless of what the Service displays, suggests or calculates: the applicable operational category; the legal requirements of the operation; the necessary authorisations and declarations; the geographic zones and airspace limitations; the permits, singular authorisations, coordinations and notifications to authorities; the insurance and coverage; the training, qualifications and fitness of pilots; the maintenance, aerodynamics, condition and fitness of the aircraft, batteries and payloads; the required documentation; compliance with AESA (Spanish Aviation Safety Agency), EASA and the European and national regulations; local, municipal and land-use regulations; the data-protection and image regulations applicable to the operations; and the private-security, defence, civil-protection or emergency regulations where applicable.
Any calculation, information, map, recommendation, SORA functionality, risk assessment, questionnaire, assistant, documentation generator or any other regulatory tool that the Service may provide constitutes exclusively a support tool based on the information available and on reasonable models at the time of consultation, which must be reviewed, validated and, where appropriate, corrected by the Client, by its pilot or by the competent professional before being used for any operational or regulatory purpose. The Provider is not liable for the result or consequences of using such tools, nor for any divergence from the applicable regulations, from the criteria of the competent authority or from the actual state of the operation.
- INFORMATION FROM THIRD PARTIES. The Service incorporates, displays, consults or uses information from third parties, including: DJI and its APIs; EASA; AESA (Spanish Aviation Safety Agency); ENAIRE and aeronautical information services; AEMET and other weather providers; cartographic and base-map providers; population-density bases; regulatory databases; various APIs; aircraft and equipment manufacturers; third-party cloud services; official portals. To the maximum extent permitted by applicable law, the Provider does not guarantee that such information is accurate, complete, up-to-date, continuous, free of errors or fit for the Client's specific purpose, nor is it liable for the Client's decisions based in whole or in part on it. The Client shall verify critical information using official sources where appropriate and, in any event, before using it for operational, regulatory or third-party purposes.
- INTELLECTUAL AND INDUSTRIAL PROPERTY. LICENCE OF USE. The Service, its software, its source and object code, its interface, its architecture, its documentation, its trademarks, trade names and logos, its databases, its functionalities, its designs, its algorithms and, in general, all the elements that make it up are owned by the Provider or its licensors and are protected by intellectual and industrial-property regulations. The Provider grants the Client, for the duration of the contract and for the internal purposes of its activity, a non-exclusive, non-transferable, revocable, limited and non- sublicensable licence to access and use the Service in accordance with these Terms. Beyond such licence, no additional right, express or implied, is granted to the Client over the Service or its content. To the maximum extent permitted by applicable law (and, in particular, by the limits of the Spanish Intellectual Property Act relating to interoperability), reverse engineering, decompilation, disassembly, copying, redistribution, resale, abusive scraping, massive data extraction, unauthorised automated access and access for the development of competing products or services are prohibited. The Client retains ownership of the Client Data, and grants the Provider a non-exclusive, worldwide and royalty-free licence to process them exclusively to the extent necessary for the provision, maintenance, security, support and improvement of the Service and, in anonymised or aggregated form, for the production of internal metrics and operational intelligence.
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PERSONAL DATA PROTECTION.
With respect to the processing of the Client's Personal Data (e.g. contact, billing or administrator-user data), the Provider acts as controller, in the terms described in the Privacy Policy, which forms an integral part of these Terms.
With respect to the Personal Data that the Client processes through the Service regarding its own Users, pilots, employees, collaborators, End Clients or third parties (e.g. identification data, licences, training, flight hours, images, recordings), the Client is the controller and the Provider acts as processor in accordance with article 28 of the GDPR. The conditions of the processing are set out in the Data Processing Addendum. In the event of any conflict between such Addendum and these Terms regarding data protection, the Addendum shall prevail.
The Client warrants to the Provider that it has the appropriate legal basis for each processing, that it has complied with the duties of information and, where applicable, of obtaining the data subjects' consent, and that it will respect their rights. The Provider is not obliged to verify the Client's compliance with such obligations and, to the maximum extent permitted by applicable law, assumes no liability arising from the Client's non-compliance.
- INFORMATION SECURITY. The Provider applies reasonable technical and organisational measures to preserve the confidentiality, integrity and availability of the Service and of the Client Data, taking into account the state of the art, the costs of implementation and the nature and risks of the processing. Such measures may evolve over time. No security measure guarantees absolute protection against all possible risks and, to the maximum extent permitted by applicable law, the Provider does not guarantee the absence of security incidents. In the event of a security incident affecting Personal Data processed on the Client's behalf, the Provider shall act in accordance with the Data Processing Addendum and applicable law.
- CONFIDENTIALITY. The Parties undertake to maintain the strictest confidentiality regarding the non-public information to which they have access as a result of the contractual relationship, using it exclusively for the performance of the contract. This obligation shall remain in force during the term of the contract and for a period of five (5) years after its termination. The following shall not be considered confidential information: (i) that which is in the public domain without breach, (ii) that which was already in the possession of the receiving party without any obligation of confidentiality, (iii) that which is developed independently without using the confidential information, or (iv) that which must be disclosed by legal, administrative or judicial requirement, limited to what is strictly required.
- THIRD-PARTY SERVICES AND INTEGRATIONS. The Service may be integrated with or rely on services, APIs, SDKs, libraries, maps, models, payment gateways, cloud infrastructure providers, storage providers, monitoring and security providers, weather services, airspace services, telecommunications services, DJI and DJI Cloud API, or any other third parties. The availability, quality, continuity, accuracy, policies and conditions of such services depend on the relevant third party and may be subject to their own terms and policies, which the Client must accept and respect as applicable. To the maximum extent permitted by applicable law, the Provider is not liable for interruptions, errors, delays, losses, changes of conditions, discontinuation, closure of APIs, modifications of terms of use or any other incident attributable to such third parties, nor for the effects that this may have on the Service or on the Client Data.
- SUPPORT. The Provider shall provide support to the Client within the scope, channels, hours and indicative response times of the plan contracted or, failing that, with reasonable efforts during usual business hours in Spain, excluding weekends, public holidays and vacation periods. Support does not include the development of new functionalities, the recovery of data not covered by ordinary backups, assistance with systems not provided by the Provider or the training of Users, unless otherwise expressly agreed.
- SUSPENSION OF THE SERVICE. The Provider may suspend the Service in whole or in part, with reasonable prior notice when possible, in the following cases: (i) non-payment; (ii) material breach of these Terms; (iii) risk to the security, integrity or stability of the Service or of other clients; (iv) well-founded suspicion of fraud, abuse, illegal use or compromise of credentials; (v) attacks, intrusions or anomalous activity affecting the infrastructure; (vi) legal, administrative or judicial requirement; (vii) protection of third-party rights; (viii) use that, in the Provider's reasonable judgement, may give rise to liability vis-à-vis third parties. Suspension shall be applied proportionately to the purpose pursued and shall not exempt the Client from paying the fees accrued nor give rise to any indemnity.
- TERMINATION FOR BREACH. Either Party may terminate the contract in the event of material breach by the other Party which, if remediable, is not remedied within fifteen (15) calendar days of written requirement. The following shall be grounds for immediate termination, without the need for prior requirement: the insolvency, bankruptcy proceedings or cessation of activity of the other Party, non-remediable breaches, repeated breaches of the same nature, and breaches of the obligations of acceptable use, intellectual property, confidentiality and data protection.
- FORCE MAJEURE AND CAUSES BEYOND THE PROVIDER'S CONTROL. Neither Party shall be liable for the breach of its obligations when it is due to causes of force majeure, fortuitous event or, in general, circumstances reasonably beyond its control, including, by way of example: natural disasters, fires, floods, extreme weather conditions, earthquakes, pandemics, epidemics, quarantines, wars, armed conflicts, acts of terrorism, riots, governmental, administrative or judicial decisions, embargoes; cuts or instability of the electricity supply, of telecommunications, Internet, mobile networks, interconnection networks, DNS, CDN, data centres or cloud services (including, among others, AWS, Azure, Google Cloud, OVH, Hetzner and any others); failures, discontinuation, closure, changes of terms or changes of commercial conditions of third-party suppliers, APIs or integrations (including DJI and DJI Cloud API, airspace services, weather, maps, payment gateways or any others); cyber-attacks, distributed denials of service (DDoS), intrusions, ransomware, zero-day vulnerability exploitation and threats not known to the Provider; general Internet interruptions; strikes and labour disputes beyond the Provider's control; shortages of materials or components; and any other cause of equivalent effect.
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LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, the Provider shall in no case be liable for the following damages, even if it had been warned of their possibility: loss of profits, loss of income, loss of sales, loss of business, loss of opportunities, loss of contracts, loss of tenders, loss of End Clients, loss of goodwill, loss or impairment of reputation or image, loss or corruption of data, data-recovery costs, service-replacement costs, interruption of the Client's or its End Clients' business, penalties, fines, surcharges or any administrative, tax, labour or aeronautical consequences attributable to the Client, penalty clauses, discounts, service credits, penalties or indemnities that the Client has assumed towards End Clients or third parties, claims from End Clients or third parties arising from the services provided by the Client, legal defence, expert or procedural costs, moral damages or any other indirect, special, incidental, consequential or punitive damages.
The Provider's total, maximum, cumulative and aggregate liability for any claims related to the contract, the Service or these Terms, on whatever basis (contractual, non-contractual, breach, negligence, regulatory infringement or other), their number, their cause, those affected and the legal theory invoked, shall be limited, for any period of twelve (12) consecutive months, to the lesser of the following amounts: (i) the amount actually paid by the Client to the Provider for the Service in the twelve (12) months immediately preceding the event giving rise to the first claim in that period; or (ii) three thousand euros (3,000 EUR). If the Client has not paid any amount (e.g., free plans, trials, beta modules), such aggregate limit shall be one hundred euros (100 EUR). This limit is total, maximum, cumulative and aggregate, and shall apply regardless of the number of incidents, the number of claims, the number of those affected, the causes and the legal theories invoked; it may in no case be multiplied per incident, per affected person or per claim.
The above limitations and exclusions shall apply regardless of the legal basis of the claim and even if a remedy fails of its essential purpose. They do not exclude or limit liability for wilful misconduct, gross negligence or other liabilities that, in accordance with applicable law, cannot be excluded or limited. The Parties acknowledge that these limitations constitute a reasonable allocation of risk appropriate to a contract between professionals (B2B / B2G), that the Service fees have been calculated taking them into account, and that without them the Provider would not have provided the Service under the economic conditions agreed.
- INDEMNITY OF THE PROVIDER. The Client shall hold harmless the Provider, its partners, directors, employees and collaborators against any claim, action, proceeding, penalty, damage, loss, cost and expense (including reasonable fees of lawyers and court agents) arising from or related to: (i) the use of the Service by the Client or its Users contrary to these Terms or to the law; (ii) the Client Data, its content, lawfulness, third-party rights and the use the Client makes of them; (iii) the evidentiary, expert or third-party use of the Client Data; (iv) the services provided by the Client to its End Clients or third parties, in the terms of the clauses on use in security and on contracts with third parties; (v) the Client's breach of aeronautical, data-protection, intellectual- property, image, private-security, labour, tax, commercial or any other regulations; (vi) claims from Users, pilots, workers, collaborators, End Clients or third parties of the Client, except in those cases in which liability cannot legally be excluded.
- ASSIGNMENT. The Client may not assign its contractual position or the rights or obligations arising from these Terms without the Provider's prior written consent. The Provider may assign its contractual position, in whole or in part, to companies of its group, successors or purchasers of the activity, with prior notice to the Client.
- INDEPENDENCE OF THE PARTIES. The Parties are independent contractors. Nothing in this contract shall be construed as constituting a partnership, agency, mandate, representation, employment relationship or joint venture between them.
- PARTIAL NULLITY. If any clause of these Terms is declared null, invalid or unenforceable by a competent authority, such nullity shall not affect the rest of the contract, which shall remain in full force. The Parties shall negotiate in good faith the replacement of the affected clause with another valid one of equivalent economic effect.
- WAIVER. The failure to exercise or the delayed exercise by either Party of a right provided for in these Terms shall not constitute a waiver thereof.
- ELECTRONIC ACCEPTANCE AND EVIDENCE. The Client's acceptance is made by electronic means. The Provider keeps, for each acceptance, at least: identifier of the User who accepts; identifier of the Client/organisation; identifier and version of each document accepted (e.g., Terms of Service v1.1, Privacy Policy); SHA-256 hash of the accepted HTML document, calculated on the file published at the time of acceptance; date and time in the server's time zone; client's IP address; and user agent (user agent). The published versions of the legal documents are archived immutably in the /legal-archive/ directory of the website, which allows the Client to consult at any time the exact text it accepted. In the event of controversy regarding the content accepted, the archived document whose SHA-256 hash matches the one kept by the Provider shall prevail.
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ENTIRE AGREEMENT AND ORDER OF PRECEDENCE. These
Terms, together with the related legal documents, constitute
the entire agreement between the Parties regarding the Service
and replace any prior agreement, proposal or communication on
the same matter. In the event of any conflict, the following
shall prevail, in this order:
- the specific contract signed between the Parties with handwritten signature or qualified electronic signature, if any;
- the specific signed Service Level Agreement (SLA), if any;
- the Data Processing Addendum, in all matters relating to personal data processed on behalf of the Client;
- these Terms of Service;
- the Privacy Policy, in matters relating to the processing of personal data by the Provider as controller;
- the Cookie Policy, in matters relating to the use of cookies on the website;
- the Legal Notice, in matters relating to the use of the website.
- APPLICABLE LAW AND JURISDICTION. These Terms and the relationship between the Parties are governed by Spanish law, excluding conflict-of-law rules that refer to another jurisdiction. As this is a relationship between professionals (B2B / B2G), the Parties, expressly waiving any other jurisdiction that may correspond to them, expressly submit to the Courts and Tribunals of the city of Lleida (Spain) for the resolution of any dispute arising herefrom, unless a mandatory rule establishes another jurisdiction.
- VERSION AND CONTACT. The current version of these Terms is 1.1, with an effective date of 2 October 2026. The previous version v1.0 (2 October 2026) remains archived and accessible at /legal-archive/v1.0/en/condiciones-servicio.html for Clients who accepted it. For any query relating to these Terms, the Client may contact the Provider by email at droncore@droncore.com.