General Terms and Conditions of Günter Köllner Embedded Development GmbH

1. General Terms and Conditions for Private Customers (B2C)
2. General Terms and Conditions for use with companies (B2B)

1. General provisions
2. Special provisions for SaaS

1. These General Terms and Conditions (GTC) apply to the contracts concluded between you and us (Günter Köllner Embedded Development GmbH, Am Rain 24, 85256 Vierkirchen, phone +49 8139 9961909, registered in the commercial register of the Munich Local Court under HR/B 208100, represented by Günter Köllner, VAT identification no.: DE 815462531 (hereinafter referred to as “jetvision”)) via this online store if you are a consumer. The following General Terms and Conditions (GTC) apply in the version valid at the time of the respective order.
2. For the purposes of these GTC, “goods” are all products that can be purchased via the jetvision online store and that are not recurring (service) performances; these fall under Section B.
3. The customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract. In this case, different general terms and conditions apply.

1. The goods presented by jetvision in the online store do not constitute legally binding offers to conclude a contract, but serve as an invitation to the customer to submit a binding contractual offer (so-called invitatio ad offerendum/invitation to submit an offer).
2. The legally binding submission of the purchase offer by the customer takes place via the items in the shopping cart by clicking on the “Buy” button.
3. jetvision will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute acceptance of the offer. The declaration of acceptance of the contract by jetvision is made either expressly in text form as part of the shipping confirmation, but at the latest by shipping the goods to the customer.

1. If the customer clicks on the “Add to shopping cart” button in the “Product description”, a message appears confirming that the item has been added to the shopping cart. The customer can now decide whether to continue shopping or go directly to the shopping cart and checkout. If he finally goes to the checkout after completing his purchase, he will once again find his selected items with the item description, the number of products and the price including all additional costs and separate labeling of the shipping costs. If he wants to order the goods, he must click on “Go to checkout”.
2. The customer will now be asked to log into their customer account, to create a new customer account as a first-time customer or to continue as a guest if only the purchase of goods is desired. Registration alone does not create any obligation to purchase.
3. If the customer wishes to create a new customer account, he must his data in accordance with the steps described in section 3.1/3.2 under “Order and register as a customer”. Alternatively, the customer also has the option of placing a guest order without registering.
4. The customer is then asked to select the shipping method and the payment method. Afterwards the customer has the opportunity to take note of the GTC again. By ticking the box, the customer can confirm that he wishes to continue with the order. Finally, the customer receives an overview of the selected goods and the most important contract information, in particular the total price.
5. Any input errors (e.g. regarding payment method, dates or the desired quantity) can be corrected by the customer clicking on “Edit” in the respective field. If the customer wishes to cancel the order process completely, the browser window can simply be closed.
6. The customer can complete the order process by clicking the “Buy” button.

1. A comprehensive storage of the contract texts for the respective business transaction does not take place by jetvision.
2. The contract language is exclusively German.

1. The prices stated in the jetvision online store are final prices, i.e. they include all price components, including the statutory German VAT.
2. Please note that deliveries to countries outside the European Union may incur additional costs in individual cases, in particular taxes, duties and customs duties or the statutory German VAT cannot be invoiced.
3. The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been legally established.

1. Delivery times stated by us are calculated from the date of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account).
2. Goods are regularly delivered to the delivery address specified by the customer.
3. If no items of the goods selected by the customer are available at the time of the customer’s order, jetvision shall inform the customer of this immediately in the order confirmation. If the goods are permanently unavailable, jetvision shall refrain from issuing a declaration of order acceptance. In this case, a contract is not concluded.
4. If the product designated by the customer in the order is only temporarily unavailable, jetvision shall also inform the customer of this immediately in the order confirmation.
5. The standard shipping costs can be found in the current shipping costs list under “Worldwide shipping / shipping costs, customs”. Exceptions to the costs stated there will be communicated to the customer before invoicing, e.g. in the form of an offer or a pro forma invoice.

1. The goods remain the property of jetvision until they have been paid for in full.

1. jetvision sells airspace observation devices (receivers) and accessories as well as services with which certain aircraft can be located and tracked. The receiving devices are not intended to be used for aviation safety purposes. The fulfillment of aviation safety requirements is expressly not part of the agreed quality of the devices. The agreed quality also does not include the promise of a certain accuracy of the recorded data.
2. Otherwise, we shall be liable for material defects or defects of title in our goods in accordance with the applicable statutory provisions, in particular Sections 434 et seq. BGB.
3. Any warranties given by us for certain goods or manufacturer’s warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of Section A.8.2. The details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the items.
4. The technical requirements for the customer’s environment are identified as part of the purchase process. In the event of asserted defects, the customer must perform all necessary and reasonable cooperative actions that enable jetvision to determine whether the customer’s digital environment complies with the communicated technical requirements.
5. jetvision shall provide the customer with updates that are required to maintain the contractual conformity of the digital product for a maximum period of two years after delivery in the case of a purchase with digital elements. The required updates also include security updates.
6. jetvision is ultimately entitled to change the software of the receivers. This does not constitute a product defect. jetvision is entitled to make changes if the changes are reasonable. This is particularly the case if functionalities are added to the software or its performance is improved.
7. The customer will be informed of updates and changes in good time by e-mail or by notices displayed in the software.

1. jetvision is liable in accordance with the statutory provisions for (a) intent and gross negligence, (b) injury to life, limb and health, (c) breach of a guarantee or (d) if the liability is based on the Product Liability Act.
2. Furthermore, jetvision is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the customer may regularly rely. In the latter case, however, jetvision is only liable for the foreseeable damage typical for the contract
3. Insofar as jetvision is only liable in accordance with Section A.9.2 in the amount of the typically foreseeable damage, this liability is additionally limited to a maximum of EUR 5,000.00 or, in the case of purely financial losses, to a maximum amount of EUR 2,500.00.
4. Insofar as jetvision’s liability is excluded, this shall also apply to the personal liability of jetvision’s employees, representatives and vicarious agents.
5. If the customer fails to install an update provided by jetvision in accordance with Section 327f BGB within a reasonable period of time, jetvision shall not be liable for a defect in the product that is solely attributable to the lack of this update.

1. The customer can view information on the handling of personal data at www.jetvision.de/datenschutz.

1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if (a) the customer has his habitual residence in Germany or (b) his habitual residence is in a country that is not a member of the European Union.
2. In the event that the customer has his habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected.

1. jetvision has not subjected itself to any codes of conduct within the meaning of Art. 246a § 3 No. 5 EGBGB.

1. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

1. If you purchase goods as a consumer via our online store, you have a right of withdrawal, about which we inform you below:

Cancellation policy

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise the right to cancel, you must inform us (Günter Köllner Embedded Development GmbH, Am Rain 24, 85256 Vierkirchen, phone: +49 89 95 45 991 20, e-mail: support@jetvision.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

The right of withdrawal does not apply to contracts

• for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
• for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
• for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence;
• for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts.

The right of withdrawal expires prematurely for contracts

• for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
• for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
• for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Sample withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it to us).

To
Günter Köllner Embedded Development GmbH,
Am Rain 24
85256 Vierkirchen
E-Mail: support@jetvision.de

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for notification on paper)

– Date
—————————————
(*) Delete as appropriate.

jetvision offers service packages in which access to a cloud service hosted by jetvision (hereinafter “Service”) is available in addition to the purchase of goods in accordance with Section A. (e.g. receiving devices with integrated software). The following provisions supplement and modify Section A. if the customer makes use of such services.

1. The services (subject matter, content, scope, technical data, features, specification, version status, configuration, etc.) are conclusively described in the product description in the online store or on the wiki pages.
2. The description of the services is to be understood exclusively as a description of the quality and not as a representation of certain characteristics or as a guarantee. Statements made by jetvision about the services are only representations of characteristics or guarantees in the legal sense if they are made in writing (Section 126 BGB) and are expressly marked as “representation” or “guarantee”.
3. Insofar as jetvision provides services free of charge, the customer is not entitled to their provision. jetvision can discontinue or change these services at any time at its own discretion.

1. jetvision provides the customer with the service with the scope of services of the selected service package during the selected term. The customer’s right to use the service applies worldwide, subject to any restrictions listed in the product description.
2. Subject to payment of the remuneration due in each case and compliance with these GTC, jetvision grants the customer the non-exclusive, non-transferable right to use the services within the scope of these contractual provisions during the term of the contract by means of remote access exclusively for non-commercial purposes. The aforementioned right does not include the right to grant sublicenses, with the exception of Section B.2.5.
3. The use of the services is restricted to those users who have been notified to jetvision and to those who are expressly authorized to do so in Section B.2.5. The notification is deemed to have been made by requesting passwords.
4. The use of the services is also limited by the number of agreed users. Users can be subdivided according to the extent to which they have access to the service. The access rights are described in the description of the respective service package. Users may not exceed the access rights assigned to them.
5. The customer is entitled to allow certain non-commercial third-party users to use the services and thus to access them. For this purpose, the customer can apply to jetvision for authorization for third-party users. The third-party user must then register on the platform with their data. The number of third-party users increases the number of users booked by the third party. The customer assumes full responsibility for any use of the services by the third-party users.

1. The customer grants jetvision a non-exclusive right to use and exploit any data and, if applicable, databases uploaded to the service by the customer, which is not limited in terms of time, area and content. The aforementioned right also includes in particular the right to store, copy, change, edit, in particular to translate the data, to combine it with other data or databases, to make it publicly accessible, to exploit it commercially, in particular to rent it out, sell it or dispose of it in any other way.
2. All of the aforementioned rights are granted or transferred to jetvision at the latest at the time of their creation, even beyond the time of termination of the contract, and may also be further transferred by jetvision to third parties in whole or in part at its own discretion or granted to them as rights of use or transferred to them for exploitation without the consent of the customer being required.

1. When using the Service, the customer is prohibited from doing the following and the customer shall ensure that any third parties authorized by the customer refrain from doing the following:
   1. the infringement of the rights of a natural or legal person to the respective intellectual property;
   2. the malfunction or interruption of the jetvision software or jetvision systems through which the service is hosted or other devices or networks connected to the service or the disregard of any requirements, procedures, guidelines or regulations brought to the customer’s attention;
   3. the use of the service for commercial purposes, in particular for the provision of services for third parties (exceptions to this must be confirmed in writing by at least one authorized representative of jetvision);
   4. the disclosure of data made accessible via the service to third parties;
   5. providing or making available any link, URL or similar element (other than a “bookmark” in a web browser) on the Website or the Service or any part thereof;
   6. circumventing user authentication or security features of the Site or Service or any associated host, network or account;
   7. using a different application programming interface to access the SaaS than the one provided by jetvision;
   8. Use the Service in any manner that violates any applicable local, state, federal, international or foreign laws or regulations;
   9. authorizing a third party (other than as described in Section B2.5) to use the user identifiers, codes, passwords, procedures and user keys issued to or selected by the customer to access the Service; or
   10. switch off or bypass the tracking technology.
2. jetvision reserves the right to block access to its servers if access could jeopardize jetvision’s IT systems.

1. jetvision is entitled to check the customer’s compliance with the provisions by means of suitable technical measures if necessary.
2. jetvision is entitled to temporarily block the access of the customer or a user if
   • the user repeatedly violates the provisions of these GTC,
   • there is reasonable suspicion that a third party is (co-)using the user’s access,
   • there is any other case of misuse of the service,
   • this is necessary for reasons of public security, the security of network operation, the maintenance of network integrity, the interoperability of services or data protection,
   • the customer’s continued use of the Service could adversely affect data or the Service (including the systems used to provide the Service), harm other jetvision customers or result in a violation of applicable law or the rights of third parties; or
   • there is an extraordinary reason for termination (see section B 7.2).
3. In all cases, the user will be informed of the impending blocking in good time (warning).
4. An obligation on the part of jetvision to check or monitor the customer’s data or the content is not established by this section.

1. jetvision provides support in accordance with the booked service package.
2. jetvision uses appropriate security technologies (e.g. certificates, encryption, password protection and firewall protection) when providing the service.
3. The agreed quality includes the availability of the service of 97.5% during the operating hours in a calendar month. This does not include maintenance work on the server.

1. The contract term begins with the activation of the service by jetvision and has an initial term until the end of the month following the conclusion of the contract. It is then extended by a further month if it is not terminated in good time with a notice period of 5 business days to the end of the month.
2. The right to terminate for good cause remains unaffected. In particular, jetvision may terminate the contract extraordinarily if the customer significantly violates central provisions of this contract or fails to fulfill main contractual obligations and does not remedy this breach of duty within a period of two weeks despite a written warning. “Central provisions” in the aforementioned sense are in particular clauses B 4.1 b), c), d), f), h), i) and j).
3. Upon termination of the term or the effective date of termination of the services, the customer’s access shall be terminated immediately.

1. jetvision is not liable (except in cases of fraudulent intent and subject to the following section 8.2) for material defects or defects of title of the free services.
2. With regard to the free services, jetvision is only liable for damages caused intentionally or through gross negligence – analogous to the regulations on gifts. With regard to the free services, jetvision is only liable for damages caused intentionally or through gross negligence – analogous to the regulations on gifts. However, any claims under the Product Liability Act shall remain unaffected.

1. If you order the services via our online store as a consumer, you have a separate right of withdrawal, about which we inform you below:

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise the right to cancel, you must inform us (Günter Köllner Embedded Development GmbH, Am Rain 24, 85256 Vierkirchen, phone number: +49 89 95 45 991 20, e-mail: support@jetvision.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract

Sample withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it to us).

To
Günter Köllner Embedded Development GmbH,
Am Rain 24
85256 Vierkirchen
E-Mail: support@jetvision.de

– I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following services_________________________________ Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for notification on paper)

– Date
—————————————
(*) Delete as appropriate.

1. General provisions
2. Special provisions for SaaS

1. These General Terms and Conditions (GTC) apply to the contracts concluded between you and us (Günter Köllner Embedded Development GmbH, Am Rain 24, 85256 Vierkirchen, phone +49 89 95 45 991 20, registered in the commercial register of the Munich Local Court under HR/B 208100, represented by Günter Köllner, VAT identification no.: DE 815462531 (hereinafter referred to as “jetvision”)) via this B2B online store for the sale or delivery of goods if you are an entrepreneur (Section 14 BGB), a legal entity under public law or a special fund under public law. Unless otherwise agreed, the GTC in the version valid at the time of the customer’s order or in any case in the version last communicated to him in text form shall also apply as a framework agreement for similar future contracts without us having to refer to them again in each individual case.
2. For the purposes of these GTC, “goods” are all products that can be purchased via the jetvision B2B online store and that are not recurring (service) performances; these fall under Section B.
3. Our General Terms and Conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and insofar as we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if we carry out the delivery to the customer without reservation in the knowledge of the customer’s General Terms and Conditions.
4. Individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. Subject to proof to the contrary, a written contract or our written confirmation shall be decisive for the content of such agreements.
5. Legally relevant declarations and notifications by the customer in relation to the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, email, fax). Statutory formal requirements and further evidence, in particular in the event of doubts about the legitimacy of the declaring party, remain unaffected.

1. The goods presented by jetvision in the online store do not constitute legally binding offers to conclude a contract, but serve as an invitation to the customer to submit a binding contractual offer (so-called invitatio ad offerendum/invitation to submit an offer).
2. The legally binding submission of the purchase offer by the customer takes place via the items in the shopping cart by clicking on the “Buy” button.
3. jetvision will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute acceptance of the offer. The declaration of acceptance of the contract by jetvision is made either expressly in text form as part of the shipping confirmation, but at the latest by shipping the goods to the customer.

1. If the customer clicks on the “Add to shopping cart” button in the “Product description”, a message appears confirming that the item has been added to the shopping cart. The customer can now decide whether to continue shopping or go directly to the shopping cart and checkout. If he finally goes to the checkout after completing his purchase, he will once again find his selected items with the item description, the number of products and the price including all additional costs and separate labeling of the shipping costs. If he wants to order the goods, he must click on “Go to checkout”.
2. The customer will now be asked to log into their customer account, to create a new customer account as a first-time customer or to continue as a guest if only the purchase of goods is desired. Registration alone does not create any obligation to purchase.
3. If the customer wishes to create a new customer account, he must his data in accordance with the steps described in section 3.1/3.2 under “Order and register as a customer”. Alternatively, the customer also has the option of placing a guest order without registering.
4. The customer is then asked to select the shipping method and the payment method. Afterwards the customer has the opportunity to take note of the GTC again. By ticking the box, the customer can confirm that he wishes to continue with the order. Finally, the customer receives an overview of the selected goods and the most important contract information, in particular the total price.
5. Any input errors (e.g. regarding payment method, dates or the desired quantity) can be corrected by the customer clicking on “Edit” in the respective field. If the customer wishes to cancel the order process completely, the browser window can simply be closed.
6. The customer can complete the order process by clicking the “Buy” button.

1. The prices stated in the jetvision online store are net prices plus the statutory German VAT.
2. Please note that deliveries to countries outside the European Union may incur additional costs in individual cases, in particular taxes, duties and customs duties.
3. The customer shall bear the transportation costs from the warehouse in the case of sales involving the carriage of goods. These are shown separately during the ordering process.
4. The purchase price is due and payable immediately upon receipt of the invoice. If prepayment is selected, the customer shall receive a prepayment invoice and must pay this within 14 days of receipt.
5. The customer shall be in default upon expiry of the above payment deadline. During the period of default, interest shall be charged on the purchase price at the applicable statutory default interest rate. We reserve the right to claim further damages caused by default. Our claim to commercial maturity interest (Section 353 HGB) against merchants remains unaffected.
6. The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been legally established.
7. If it becomes apparent after conclusion of the contract (e.g. through an application for the opening of insolvency proceedings) that our claim to the purchase price is jeopardized by the customer’s inability to pay, we shall be entitled to refuse performance in accordance with the statutory provisions and – if necessary, after setting a deadline – to withdraw from the contract (Section 321 BGB). In the case of contracts for the manufacture of non-fungible goods (custom-made products), we may declare our withdrawal immediately; the statutory provisions on the dispensability of setting a deadline shall remain unaffected.

1. Delivery times stated by us are calculated from the date of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account).
2. Goods are delivered to the delivery address specified by the customer.
3. If no items of the goods selected by the customer are available at the time of the customer’s order, jetvision shall inform the customer of this immediately in the order confirmation. If the goods are permanently unavailable, jetvision shall refrain from issuing a declaration of order acceptance. In this case, a contract is not concluded.
4. If the product designated by the customer in the order is only temporarily unavailable, jetvision shall also inform the customer of this immediately in the order confirmation.
5. If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the goods), we shall inform the customer of this immediately and at the same time inform the customer of the expected new delivery deadline. If the goods are also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall immediately reimburse any consideration already paid by the customer. A case of non-availability of the goods in this sense shall be deemed to be in particular the failure of our supplier to deliver to us in good time if we have concluded a congruent hedging transaction, neither we nor our supplier are at fault or we are not obliged to procure in the individual case.
6. The occurrence of our delay in delivery shall be determined in accordance with the statutory provisions. In any case, however, a reminder from the customer is always required.
7. The standard shipping costs can be found in the current shipping costs list under “Worldwide shipping / shipping costs, customs”. Exceptions to the costs stated there will be communicated to the customer before invoicing, e.g. in the form of an offer or a pro forma invoice.

1. Delivery shall be ex warehouse, which is also the place of performance for the delivery and any subsequent performance. At the customer’s request and expense, the goods will be shipped to another destination (sale involving the carriage of goods). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.
2. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. In the case of sale involving the carriage of goods, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall already pass upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is in default of acceptance, this shall be deemed equivalent to handover.

1. We reserve title to the goods sold until full payment of all our current and future claims arising from the purchase contract and an ongoing business relationship (secured claims).
2. The goods subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the secured claims. The customer must inform jetvision immediately in writing if an application is made to open insolvency proceedings or if third parties have access to the goods belonging to us (e.g. seizures).
3. If the customer acts in breach of contract, in particular in the event of non-payment of the purchase price due, jetvision shall be entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods on the basis of the retention of title. The demand for return does not simultaneously include the declaration of withdrawal; rather, we are entitled to demand only the return of the goods and reserve the right to withdraw from the contract. If the customer does not pay the purchase price due, we may only assert these rights if we have previously set the customer a reasonable deadline for payment without success or if setting such a deadline is dispensable according to the statutory provisions.
4. Until revoked in accordance with 7.4.3 below, the customer is authorized to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply in addition.
   1. The retention of title shall extend to the full value of the products resulting from the processing, mixing or combining of our goods, whereby we shall be deemed to be the manufacturer. If, in the event of processing, mixing or combining with goods of third parties, their right of ownership remains, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In all other respects, the same shall apply to the resulting product as to the goods delivered under retention of title.
   2. The customer hereby assigns to us as security the claims against third parties arising from the resale of the goods or the product in total or in the amount of our possible co-ownership share in accordance with the above paragraph. We accept the assignment. The obligations of the customer stated in clause 7.2 shall also apply in consideration of the assigned claims.
   3. The customer shall remain authorized to collect the claim in addition to jetvision. We undertake not to collect the claim as long as the customer meets its payment obligations towards us, there is no deficiency in its ability to pay and we do not assert the retention of title by exercising a right in accordance with Section 7.3. If this is the case, however, we may demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and 06.02.2022 jetvision® GTC (Online / B2B) Page 5 / 11 informs the debtors (third parties) of the assignment. In this case, we shall also be entitled to revoke the customer’s authorization to resell and process the goods subject to retention of title.
   4. If the recoverable value of the securities exceeds our claims by more than 10%, we shall release securities of our choice at the customer’s request.

1. jetvision sells airspace observation devices (receivers) and accessories as well as services with which certain aircraft can be located and tracked. The receiving devices are not intended to be used for aviation safety purposes. The fulfillment of aviation safety requirements is expressly not part of the agreed quality of the devices. The agreed quality also does not include the promise of a certain accuracy of the recorded data.
2. The basis of our liability for defects is above all the agreement reached on the quality and intended use of the goods (including accessories and instructions). All product descriptions and manufacturer’s specifications which are the subject of the individual contract or which were made public by us (in particular in catalogs or on our Internet homepage) at the time of conclusion of the contract shall be deemed to be an agreement on quality in this sense. If the quality has not been agreed, it shall be assessed in accordance with the statutory provisions whether a defect exists or not (Section 434 (3) BGB). Public statements made by any third-party manufacturer or on its behalf, in particular in advertising or on the label of the goods, shall take precedence over statements made by other third parties.
3. In the case of goods with digital elements or other digital content, we shall only be obliged to provide and, if applicable, update the digital content insofar as this expressly results from a quality agreement in accordance with clauses A. 8.1/8.2. In this respect, we assume no liability for public statements made by a third-party manufacturer or other third parties.
4. We are generally not liable for defects that the customer is aware of or is grossly negligent in not being aware of when the contract is concluded (Section 442 BGB). Furthermore, the customer’s claims for defects presuppose that he has complied with his statutory inspection and notification obligations (Sections 377, 381 HGB). In the case of goods intended for installation or other further processing, an inspection must always be carried out immediately prior to processing. If a defect is discovered during delivery, inspection or at any later time, we must be notified immediately in writing. In any case, obvious defects must be reported in writing within five business days of delivery and defects not recognizable during the inspection within the same period from discovery. If the customer fails to carry out the proper inspection and/or report defects, our liability for the defect not reported or not reported on time or not reported properly shall be excluded in accordance with the statutory provisions. In the case of goods intended for fitting, mounting or installation, this shall also apply if the defect only became apparent after the corresponding processing as a result of a breach of one of these obligations; in this case, the customer shall in particular not be entitled to claim compensation for the corresponding costs (“removal and installation costs”).
5. If the delivered item is defective, we may initially choose whether to provide subsequent performance by remedying the defect (rectification) or by delivering a defect-free item 06.02.2022 jetvision® GTC (Online / B2B) Page 6 / 11 (replacement delivery). If the type of subsequent performance chosen by us is unreasonable for the customer in the individual case, the customer may reject it. Our right to refuse subsequent performance under the statutory conditions remains unaffected.
6. We are entitled to make the subsequent performance owed dependent on the customer paying the purchase price due. However, the customer is entitled to retain a reasonable portion of the purchase price in relation to the defect.
7. The customer must give us the time and opportunity required for the subsequent performance owed, in particular to hand over the rejected goods for inspection purposes. In the event of a replacement delivery, the customer shall return the defective item to us at our request in accordance with the statutory provisions; however, the customer shall not be entitled to return the item. Subsequent performance shall not include the dismantling, removal or disassembly of the defective item or the installation, attachment or assembly of a defect-free item if we were not originally obliged to perform these services; the customer’s claims for reimbursement of corresponding costs (“dismantling and assembly costs”) shall remain unaffected.
8. We shall bear or reimburse the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs and, if applicable, dismantling and installation costs, in accordance with the statutory provisions and these GTC, if a defect actually exists. Otherwise, we may demand reimbursement from the customer for the costs arising from the unjustified request to remedy the defect if the customer knew or could have recognized that there was in fact no defect.
9. In urgent cases, e.g. if operational safety is at risk or to prevent disproportionate damage, the customer has the right to remedy the defect himself and to demand compensation from us for the expenses objectively necessary for this. We must be notified immediately, if possible in advance, of any such self-remedy. The right of self-remedy shall not apply if we would be entitled to refuse a corresponding subsequent performance in accordance with the statutory provisions.
10. If a reasonable deadline to be set by the customer for subsequent performance has expired unsuccessfully or is dispensable in accordance with the statutory provisions, the customer may withdraw from the purchase contract or reduce the purchase price in accordance with the statutory provisions. In the case of an insignificant defect, however, there is no right of withdrawal. Claims by the customer for reimbursement of expenses pursuant to Section 445a (1) BGB are excluded unless the last contract in the supply chain is a consumer goods purchase (Sections 478, 474 BGB) or a consumer contract for the provision of digital products (Sections 445c sentence 2, 327 (5), 327u BGB). The customer’s claims for damages or compensation for futile expenses (Section 284 BGB) shall be subject to the following Sections A. 9 and A. 10, even if the goods are defective.

1. jetvision is liable in accordance with the statutory provisions for (a) intent and gross negligence, (b) injury to life, limb and health, (c) breach of a guarantee or (d) if the liability is based on the Product Liability Act.
2. Furthermore, jetvision is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the customer may regularly rely. In the latter case, however, jetvision is only liable for the foreseeable damage typical for the contract.
3. Insofar as jetvision is only liable in accordance with Section A.9.2 in the amount of the typically foreseeable damage, this liability is additionally limited to a maximum of EUR 5,000.00 or, in the case of purely financial losses, to a maximum amount of EUR 2,500.00.
4. Insofar as jetvision’s liability is excluded, this shall also apply to the personal liability of jetvision’s employees, representatives and vicarious agents.

1. Notwithstanding Section 438 Para. 1 No. 3 BGB, the general limitation period for claims arising from material defects and defects of title is one year from delivery. Special statutory provisions on the limitation period remain unaffected (in particular Section 438 para. 1 no. 1 and 2, para. 3, Sections 444, 445b BGB).
2. The above limitation periods of the law on sales shall also apply to contractual and non-contractual claims for damages of the customer based on a defect of the goods, unless the application of the regular statutory limitation period (Sections 195, 199 BGB) would lead to a shorter limitation period in individual cases. The customer’s claims for damages pursuant to clause A. 9.1 (a) and (b) as well as pursuant to the Product Liability Act (A. 9.1 (d)) shall become time-barred exclusively in accordance with the statutory limitation periods.

1. The customer can view information on the handling of personal data at www.jetvision.de/datenschutz.

1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. The exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of jetvision. However, we are also entitled in all cases to bring an action at the place of performance of the delivery obligation in accordance with these GTC or an overriding individual agreement or at the general place of jurisdiction of the customer. Overriding statutory provisions, in particular regarding exclusive jurisdiction, remain unaffected.

jetvision offers packages of services in which access to a cloud service hosted by jetvision (hereinafter “Service”) is available in addition to the purchase of goods in accordance with Section A. (e.g. receiving devices with integrated software). The following provisions supplement and modify Section A. if the customer makes use of such services.

1. The services (subject matter, content, scope, technical data, features, specification, version status, configuration, etc.) are conclusively described in the product description in the online store or on the wiki pages.
2. The description of the services is to be understood exclusively as a description of the quality and not as a representation of certain characteristics or as a guarantee. Statements made by jetvision about the services are only representations of characteristics or guarantees in the legal sense if they are made in writing (Section 126 BGB) and are expressly marked as “representation” or “guarantee”.
3. Insofar as jetvision provides services free of charge, the customer is not entitled to their provision. jetvision can discontinue or change these services at any time at its own discretion.

1. jetvision provides the customer with the service with the scope of services of the selected service package during the selected term. The customer’s right to use the service applies worldwide, subject to any restrictions listed in the product description.
2. Subject to payment of the remuneration due in each case and compliance with these GTC, jetvision grants the customer the non-exclusive, non-transferable right to use the services within the scope of the present contractual provisions during the term of the contract by means of remote access exclusively for non-commercial purposes. The aforementioned right does not include the right to grant sublicenses, with the exception of Section B.2.5.
3. The customer is only able to use the service if he activates it via the Internet and sets up a user account. The user account is bound to the customer and cannot be transferred without the consent of jetvision. The use of the services is restricted to those users who have been notified to jetvision and to those who are expressly authorized to do so in Section B.2.5. The notification is deemed to have been made by requesting passwords.
4. The use of the services is also limited by the number of agreed users. Users can be subdivided according to the extent to which they have access to the service. The access rights are described in the description of the respective service package. Users may not exceed the access rights assigned to them.
5. The customer is entitled to allow certain non-commercial third-party users to use the services and thus to access them. For this purpose, the customer can apply to jetvision for authorization for third-party users. The third-party user must then register on the platform with their data. The number of third-party users increases the number of users booked by the third party. The customer assumes full responsibility for any use of the services by the third-party users.

1. The customer grants jetvision a non-exclusive right to use and exploit any data and, if applicable, databases uploaded to the service by the customer, which is not limited in terms of time, area and content. The aforementioned right also includes in particular the right to store, copy, change, edit, in particular to translate the data, to combine it with other data or databases, to make it publicly accessible, to exploit it commercially, in particular to rent it out, sell it or dispose of it in any other way.
2. All of the aforementioned rights are granted or transferred to jetvision at the latest at the time of their creation, even beyond the time of termination of the contract, and may also be further transferred by jetvision to third parties in whole or in part at its own discretion or granted to them as rights of use or transferred to them for exploitation without the consent of the customer being required.

1. When using the Service, the Customer is prohibited from doing the following and the Customer shall ensure that any third parties authorized by the Customer refrain from doing the following:
   1. the infringement of the rights of a natural or legal person to the respective intellectual property;
   2. the malfunction or interruption of the jetvision software or jetvision systems through which the service is hosted or other devices or networks connected to the service or the disregard of any requirements, procedures, guidelines or regulations that have been brought to the customer’s attention;
   3. the use of the service for commercial purposes, in particular for the provision of services for third parties (exceptions to this must be confirmed in writing by at least one authorized representative of jetvision);
   4. the disclosure of data made accessible via the service to third parties;
   5. providing or making available any link, URL or similar element (other than a “bookmark” in a web browser) on the Website or the Service or any part thereof;
   6. circumventing user authentication or security features of the Site or Service or any associated host, network or account;
   7. using a different application programming interface to access the SaaS than the one provided by jetvision;
   8. Use the Service in any manner that violates any applicable local, state, federal, international or foreign laws or regulations;
   9. authorizing a third party (other than as described in Section B2.5) to use the user identifiers, codes, passwords, procedures and user keys issued to or selected by the Customer to access the Service; or
   10. switch off or bypass the tracking technology.
2. jetvision reserves the right to block access to its servers if access could jeopardize jetvision’s IT systems.

1. jetvision is entitled to check the customer’s compliance with the provisions by means of suitable technical measures if necessary.
2. jetvision is entitled to temporarily block the access of the customer or a user if
   • the user repeatedly violates the provisions of these GTC,
   • there is reasonable suspicion that a third party is (co-)using the user’s access,
   • there is any other case of misuse of the platform,
   • this is necessary for reasons of public security, the security of network operation, the maintenance of network integrity, the interoperability of services or data protection,
   • the Customer’s continued use of the Service could adversely affect data or the Service (including the systems used to provide the Service), harm other jetvision Customers or result in a violation of applicable law or the rights of third parties, or
   • there is an extraordinary reason for termination (see section B 7.2).
3. In all cases, the user will be informed of the impending blocking in good time (warning).
4. This section does not establish an obligation on the part of jetvision to check or monitor the customer’s data or the content.

1. jetvision provides support in accordance with the booked service package.
2. jetvision uses appropriate security technologies (e.g. certificates, encryption, password protection and firewall protection) when providing the service.
3. The agreed quality includes the availability of the service of 97.5% during the operating hours in a calendar month. This does not include maintenance work on the server.

1. The contract term begins with the activation of the service by jetvision and has an initial term until the end of the month following the conclusion of the contract. It is then extended by a further month if it is not terminated in good time with a notice period of 5 business days to the end of the month.
2. The right to terminate for good cause remains unaffected. In particular, jetvision may terminate the contract extraordinarily if the customer significantly violates central provisions of this contract or fails to fulfill main contractual obligations and does not remedy this breach of duty within a period of two weeks despite a written warning. “Central provisions” in the aforementioned sense are in particular clauses B 4.1 b), c), d), f), h), i) and j).
3. Upon termination of the term or the effective date of termination of the services, the customer’s access shall be terminated immediately.

1. jetvision is not liable (except in cases of fraudulent intent and subject to section 8.2 below) for material defects or defects of title of the free services.
2. With regard to the free services, jetvision is only liable for damages caused intentionally or through gross negligence – analogous to the regulations on gifts. Any further claims 06.02.2024 jetvision® GTC (Online / B2B) Page 11 / 11 are excluded regardless of the legal grounds. However, any claims under the Product Liability Act shall remain unaffected.