General Terms and Conditions

Last updated: January 03, 2024

1. General Provisions

1.1. These general terms and conditions (hereinafter referred to as “terms”) apply to all interactions and business relationships between DM-AirTech GmbH, including its subsidiaries (hereinafter referred to as “DM-AirTech”), its customers, and users of the DM-AirTech website.

1.2. The services provided by DM-AirTech comprise two primary categories:

(a) Statistical and Historical Weather Data and derivatives such as VertiPlace and Corridor, which refer to data and analytics derived from past weather data.

(b) Real-Time and Forecast Weather Data and derivatives such as VertiMonitor and WeTwin, which entail the provision of current and predicted weather data and their derivatives.

It’s crucial for users to understand and consider the nature of these categories while utilizing DM-AirTech’s services, as the reliability, application, and interpretation of data can differ based on the category. For more specific information and guidance regarding these categories, users are advised to refer to the respective product documentation and user guides.

1.3. These terms also govern all future interactions and transactions with the same customer or website user, without the need for DM-AirTech to restate them for each individual case.

1.4. DM-AirTech does not recognize any user’s or customer’s general terms and conditions or general purchasing conditions that differ from, conflict with, or add to these terms. The terms presented here take precedence unless DM-AirTech expressly agrees to the customer’s terms in writing.

1.5 While these terms provide a general framework for interactions with DM-AirTech, in cases where there is a specific, customized agreement signed with a user or customer, the terms of that specific agreement will take precedence in the event of any discrepancies. Users and customers are advised to refer to their individual agreements for detailed terms.

2. Data Accuracy and Limitations

2.1. DM-AirTech stresses to its clients that the provided data does not exclusively consist of official measurements and forecasts, such as those created, issued, and/or disseminated by government agencies. The data comprises a combination of DM-AirTech’s proprietary models, third-party data, and potentially, government data.

2.2. DM-AirTech provides its services adhering to the recognized norms of meteorological science and technology. Nevertheless, due to the multitude of variables influencing weather conditions, the actual weather situation cannot be predicted or described with 100% accuracy, nor can it be exactly retraced.

2.3. The services of DM-AirTech, whether they involve real-time forecasts or attempts to reconstruct historical weather processes, are grounded on experiential probabilities. Deviations in the forecast or reconstruction from the actual weather conditions are inevitable and do not constitute a flaw or defect in the service.

2.4. By using DM-AirTech’s services, clients acknowledge and accept that while every effort is made to ensure data accuracy, the inherent uncertainty in weather data and forecasts means they may not always be perfectly accurate. Any decisions made based on this data, whether directly or indirectly, are the responsibility of the client.

2.5 DM-AirTech acquires data from third-party providers to augment its services. If DM-AirTech, for reasons beyond its control, does not receive these services accurately, on time, or at all from third-party providers, it reserves the right to source this information from alternate avenues. For example, if certain station values are not supplied, DM-AirTech may obtain these values from the nearest weather stations and/or transmit calculated values for the location of the weather station. In situations where replacement data is not available, DM-AirTech retains the right to delay its services for the duration of the obstruction or withdraw partially or entirely from the unfulfilled portions of the contract.

3. Go/No-Go Decision Guidance

3.1. DM-AirTech provides Go/No-Go decision recommendations based on weather conditions and drone operation parameters. However, these should be regarded as recommendations only and not as definitive decisions.

 3.2. The Go/No-Go recommendations are part of DM-AirTech’s efforts to provide users with comprehensive data and insights for their decision-making processes. However, they should not be solely relied upon for making critical decisions.

3.3. Users are responsible for the final decision regarding the execution of a drone mission. The Go/No-Go recommendation should be used in conjunction with other pertinent data, risk assessments, operational factors, and professional judgement.

3.4. Under no circumstances will DM-AirTech be held responsible for any adverse outcomes, losses, or damages resulting from decisions taken based on the Go/No-Go recommendations. Users should acknowledge and accept this limitation when using DM-AirTech’s services.

4. Confidence Level Interpretation

4.1. In relation to our services, the term ‘confidence level’ denotes a computational estimate representing the expected success rate of drone missions, considering forecasted weather conditions and drone operational specifications. Factors like wind speed, temperature range, and precipitation levels, among others, contribute to its calculation. This feeds into our Go/No-Go decision guidance but does not define it.

4.2. The confidence level is a guidance tool, not an absolute measure or definitive guarantee. It should not be the sole factor for decision-making processes. Even a confidence level of 100% does not imply a risk-free operation due to the unpredictable and dynamic nature of weather conditions.

4.3. Users should consider the confidence level alongside other relevant factors and information when assessing the feasibility and safety of a drone mission. The responsibility for the final decision and operational safety remains with the user.

4.4. Under no circumstances does the confidence level impart liability to DM-AirTech for decisions made following its Go/No-Go recommendations.

5. Vertiport Operability Index (VOI) Interpretation

5.1. The VertiPort Operability Index (VOI) is a proprietary measurement provided by DM-AirTech that offers an estimation of the operational viability of a vertiport (a take-off and landing pad for drones), taking into account statistical and historical weather data.

5.2. The VOI is generated using complex algorithms and is intended to serve as an advisory tool to inform users of potential operational conditions. However, it should not be treated as a definitive or absolute indicator of operability.

5.3. As with all DM-AirTech services, the final decision to operate rests solely with the user. The VOI should be considered alongside all other relevant factors, operational parameters, and professional judgment when assessing the feasibility and safety of drone operations.

5.4. Despite the thoroughness of our data analysis, a high VOI does not guarantee risk-free operation due to the inherent unpredictability and variability of weather conditions.

5.5. DM-AirTech shall not be held liable for any adverse outcomes, losses, or damages resulting from decisions taken based on the VOI. Users are expected to understand and accept this limitation when using DM-AirTech’s services.

6. Tier-Based Resolution System

6.1. All DM-AirTech products adhere to a tier-based resolution system, with Tier-3 offering the highest resolution. While the tier system maintains a general standard across various products, there can be minor variations in the definition and application of these tiers for each individual product.

6.2. Users are encouraged to refer to the specific user documentation of each product for precise tier system definitions and implications. The respective user documentation should be considered as the authoritative source of information regarding the tier system for each product.

6.3. Understanding the tier system is critical to appropriately interpreting and utilizing the data and services provided by DM-AirTech. It is the responsibility of the user to familiarize themselves with the tier definitions and their potential impact on product performance and data interpretation. DM-AirTech is not liable for misinterpretations or misuse of its services stemming from a misunderstanding of the tier system.

7. Demo Product Agreement for Website Users

7.1. By registering as a user on the DM-AirTech website, you acknowledge and accept that, unless you have subscribed to a paid service, all features, tools, and content available are considered demo as demonstrations and/or are in a testing phase. These may include possibilities of invalid data, server downtime, functionality bugs, or other inconsistencies and issues.

7.2. Users engaging with demo products should anticipate fluctuating performance levels, potential inaccuracies, and intermittent service availability. These characteristics are inherent to the demo and testing phase, and your understanding and acceptance of these potential issues are essential.

7.3. While DM-AirTech is committed to improving demo products, users are advised not to rely solely on the data or functionalities of these products for making critical decisions or operations, as they are still in the testing phase and subject to refinement.

7.4. As a user engaging with our demo products, you are encouraged to provide feedback on any bugs, issues, or areas for improvement you encounter. Your insights are invaluable in helping us enhance the quality and reliability of our final offerings.

7.5. DM-AirTech will not be held responsible for any adverse outcomes, losses, or damages that may result from the use of demo products on our website. Your registration and use of these products indicate your acknowledgment and acceptance of this limitation, recognizing that these offerings are in a testing and development stage.

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