Terms and Conditions

Valid from: 14.06.2022

FAIR FLY is a Software-as-a-Service (SaaS) solution provided by ustra UG, Cologne

1. Right of Use, Termination of Use

FAIR FLY is a prepaid service whose right of use, unless otherwise specified in the individual order process, comes into effect upon payment of an advance invoice. FAIR FLY reserves the right to refuse a payment and deny a right of use in individual cases.

Upon payment of the advance invoice, the site operator receives the ability to use the current version of FAIR FLY at https://fair-fly.com for flying sites that are directly registered to them or that they are permitted to use on the basis of a cooperation agreement with the site owner.

2. Responsibility of the Site Operator

The site operator warrants and ensures that the sites it operates or uses in cooperation are operated or used in accordance with legal requirements. Responsibility for information and details regarding the respective sites lies exclusively with the site operator. As part of its responsibility as site operator, it undertakes to check these regularly for validity and to ensure that flight safety is guaranteed.

FAIR FLY reserves the right to temporarily or permanently deny the site operator the use of FAIR FLY in the event of a violation or a concrete suspicion of a violation, and to withhold amounts already paid in advance.

3. Confidentiality and Data Protection

FAIR FLY treats the data provided by the site operator as confidential. All data is protected in accordance with legal requirements and is deleted or destroyed when no longer in use.

By using FAIR FLY, the site operator confirms that it has a binding privacy policy in place governing the storage of third parties' personal data (club or guest pilots) in accordance with the GDPR, and that it makes this policy accessible to them.

The site operator must ensure that the access credentials provided by FAIR FLY are not made accessible to unauthorized third parties. FAIR FLY assumes no liability for damages arising from insufficient protection of the access credentials. FAIR FLY reserves the right to provide information in the event of misuse or suspected misuse, insofar as FAIR FLY is requested to do so by authorities, courts, or individuals.

4. Remuneration, Billing, and Price Changes

The basis for billing is the FAIR FLY price list applicable at the time. Price increases must be announced with one month's notice and do not apply retroactively.

Separate agreements may be made for special services where applicable.

5. Liability

All parties involved are aware that one hundred percent reliability of technical systems cannot be guaranteed. Liability is excluded for system failures in data centers, internet services, or transmission facilities of infrastructure and network operators, or for any other hardware and/or software failure for which FAIR FLY is not responsible. This also applies to the unavailability of FAIR FLY at sites with poor internet coverage, and applies in particular to all cases of force majeure, such as power outages, computer failures due to viruses, etc.

Data and content provided by FAIR FLY are provided without any guarantee as to accuracy, completeness, or currency.

6. Jurisdiction

The place of jurisdiction is Cologne.