SKYTRACK TERMS & CONDITIONS

Effective as of 15^th January 2026

The software known as “SkyTrack” and the website at https://getskytrack.com and its related services, products, tools, and applications (“Software”) is owned and operated by Uney Gmbh (“we”, “our”, “us”, “ours”, or “Uney”).

Your access to and use of the Software is subject to these Terms and Conditions and all other Policies. By accessing or using the Software, you are deemed to agree to these Terms and Conditions and all Policies.

We may amend these Terms and Conditions or any Policy at any time at our discretion. Please review the Terms and Conditions and our Policies periodically as your continued use of the Software deems you agree to any changes made. All amended Terms and Conditions and Policies shall automatically be effective from the time and date of appearance on our Software (unless otherwise stated in the Terms and Conditions or Policy). If you do not agree with such changes, you must cease to use the Software immediately.

I. Definitions

In these Terms and Conditions unless inconsistent with the context or subject matter:

Aeronautical Information means digital datasets or services that purport to graphically, digitally or otherwise represent aeronautical information, and includes, but is not limited to; aerodrome, movement areas, aeronautical information publications, aeronautical information service, notam, air traffic management, and airspace. For the avoidance of doubt, unless otherwise stated, the terms set out above in relation to the definition of Aeronautical Information, have the same meaning as set out in Chapter 1.1 Definitions section of Annex 15 to the Convention on International Civil Aviation – Aeronautical Information Services, (ICAO, 16th ed, 2018);
Confidential Information means these Terms and Conditions, any information, maintained in confidence by such party and communicated in written or oral form, marked as proprietary, confidential or otherwise so identified, and any information that by its form, nature, content or mode of transmission would to a reasonable recipient understand to be confidential or proprietary and, in the case of us, includes our technology and functionality and any related user documentation supplied by us;
Content includes any information, material, functionality, text, images, sound, graphics, video and other data forming part of or contained in the Software from time to time whether in written form or otherwise;
Force Majeure means a delay or inability to perform any obligations, caused by war, whether declared or not, insurrections, strikes, lockouts or other industrial disturbance, inability to provide Services, unavailability of equipment or network, fire, storm or other severe action of the elements, accidents, pandemics and epidemics, government or statutory restrictions or from other causes whether like or unlike the foregoing which are unavoidable or beyond the reasonable control of either party including any form of technological or network failure or the actions of third parties;
Insolvency Event means any of the following:
1. 1. a person is or states that the person is unable to pay from the person’s own money all the person’s debts as and when they become due and payable;
  2. a person is taken or must be presumed to be insolvent or unable to pay the person’s debts under any applicable legislation;
  3. an application or order is made for the winding up or dissolution or a resolution is passed or any steps are taken to pass a resolution for the winding up or dissolution of a corporation;
  4. a trustee in bankruptcy is appointed or an administrator, provisional liquidator, liquidator or person having a similar or analogous function under the laws of any relevant jurisdiction is appointed in respect of a corporation or any action is taken to appoint any such person and the action is not stayed, withdrawn or dismissed within seven days;
  5. a controller is appointed in respect of any property of a corporation;
  6. a corporation is deregistered notice of its proposed deregistration is given to the corporation;
  7. a distress, attachment or execution is levied or becomes enforceable against any property of a person;
  8. a person enters into or takes any action to enter into an arrangement (including a scheme of arrangement or deed of company arrangement), composition or compromise with, or assignment for the benefit of, all or any class of the person’s creditors or members or a moratorium involving any of them; or
  9. a petition for the making of a sequestration order against the estate of a person is presented and the petition is not stayed, withdrawn or dismissed within seven days or a person presents a petition against himself or herself.
Intellectual Property means all intellectual property rights, including without limitation inventions, patents, copyright, rights in circuit layouts, registered designs, trade marks, know-how, trade secrets, source code, processes, concepts, intellectual property in Software, and any right to have information kept confidential and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms and Conditions;
Policy means any policy of ours in place from time to time regarding any matter, including without limitation, any policy relating to privacy, fees, refunds, feedback and service;
“Robot” means an unmanned aerial vehicle (UAV), drone, operational remotely piloted aircraft system (RPAS), unmanned ground vehicle (UGV), or other robot that User or its customers use in connection with the Services.
Services means all of the services available for use within the Software, including but not limited to, Robot mission planning and approval, Robot mission execution and reconciliation for the purpose of Robot operations, compliance, and fleet management workflows, as well as other such services as updated from time-to-time, as well as any further services that may be offered by us from time-to-time;
Software means the software application known as “SkyTrack” and the website at https://getskytrack.com and its related Services, products, tools and applications;
User means any person or entity who accesses or uses the Software for any purpose whatsoever;
User Information means any information, data, documents, digital documents, dataset, database record or attribute, links, attachments, location data, video and photo content uploaded to the Software by a User or which we obtain as a result of your use of the Software; and
You/Your means a User.

II. Software Function

The Software is designed to allow Users to use the Services.
We do not warrant or guarantee:
1. 1. that the Software will provide any function for which it is not specifically designed;
  2. that the Software will provide any minimum level of performance;
  3. that the Software will be virus free or free of performance anomalies or be operational at all times or without interruption; or
  4. around the outcomes, content, accuracy or quality of any training undertaken via the Software.
User Eligibility: Access to the Software is only available to, and may only be used by, persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Software is not available to persons under 18 years of age. If you do not qualify, do not use the Software.
Access
1. 1. We grant to you a non-exclusive, non-assignable licence to use the Software to the extent paid or subscribed for and for business or personal use only and strictly in accordance with these Terms and Conditions.
  2. You acknowledge and agree with us that you will not, as a result of being granted a non-exclusive licence, acquire any rights (including without limitation intellectual property or other intangible rights) in the Software, Content or any part of it, other than the non-exclusive rights granted in accordance with these Terms and Conditions (if any).
User Accounts
1. 1. Each User must register to use the Software which will create an account with a username and password. This account will be your account for use of the Software (“Your Account”).
  2. You must not use false or misleading information in registering or using the Software and you must update your details should they have changed from the last time you used the Software. We are not responsible for any loss or damage which may occur because you have not provided up to date, accurate or complete information.
  3. You must choose an individual username and password when registering Your Account. The registration of Your Account can be conducted via your third-party social network account (e.g., Facebook, Google, etc.) or SSO. You are responsible for keeping your username and password secure and confidential and we and any other User of the Software will assume that anyone using Your Account is authorized by you. Under no circumstances will unauthorize access and use of Your Account reduce your liability in connection with the Software. This includes your obligation to purchase an item which may result from use of Your Account.
  4. You must notify us immediately if you become aware of any unauthorised use of Your Account or other security breach which We may consider relevant.
  5. You may request that Your Account be closed by emailing us at support@getskytrack.com.
Privacy
1. 1. All personal information that we process on the Software or through email or any other means will be managed and used in accordance with Our Privacy Policy.
  2. You acknowledge and agree that:
  3. 1. 1. You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, including, but not limited to, your name, company or business name, email address and postal address (“Personal Information”), to the extent reasonably necessary for the provision of any goods and services requested by you;
      2. You must ensure that the personal information you provide to us and that all registration details (where applicable) contain your correct name, address, e-mail address and other requested details;
      3. We store data for as long as we consider necessary, however, you have the fundemental rights to your Personal Infromation, including the ‘right to be forgotten’ where in certain circumstances, you can ask for the data we hold about you to be erased from our records, which are mentioned under clause 6.3 below.
      4. by accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the purpose of us providing the Software and as otherwise agreed under clause 9.7.
  4. If you would like to execute any fundamental right with respect to any part of your Personal Information, please refer to our Privacy Policy (input the link here) and you should contact us.
  5. By accessing or using the Services you acknowledge and agree that we also receive data from or about the computer, mobile phone, or other devices you use to access the Software. This may include network and communication information, such as your IP address or mobile phone number, and without limitation, any other information about your internet service, operating system, location, the type (including identifiers) of the device or browser you use, or the pages you visit.
Your Obligations
1. 1. You must comply with all clauses of these Terms and Conditions and all Policies and all other terms and policies incorporated by reference.
  2. You must also comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of the Software including without limitation, relevant aviation and fair-trading legislation.
  3. Your use of the Software, and any User Information, must not:
  4. 1. 1. be false, inaccurate or misleading;
      2. be fraudulent or deceptive;
      3. impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
      4. infringe any third party’s copyright, patent, trade mark, trade secret, intellectual property or other proprietary rights or privacy;
      5. violate any applicable law, statute, ordinance or regulation (including those governing consumer protection, unfair competition, criminal law, aviation law and regulations, antidiscrimination or trade practices law;
      6. be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
      7. be obscene, pornographic or indecent or contain adult material or vulgar, profane, discriminatory, offensive or racist language;
      8. contain comments of a religious, political or social nature;
      9. contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, spiders, robots, screen scrapers, data aggregation tools or other devices or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Software;
      10. interfere with or disrupt the Software or servers or networks connected to the Software, or disobey any requirements, procedures, policies, or regulations of networks connected to the Software;
      11. create liability for us or cause us to lose (in whole or in part) the services of our internet service provider, other users or other suppliers;
      12. damage the reputation, credibility or integrity of the Software or us;
      13. breach or violate these Terms and Conditions or any Policy;
      14. link directly or indirectly to or include anything that:
      15. You do not have a right to link to or include; or
        could cause us to violate any applicable law, statute, ordinance or regulation.
  5. You acknowledge and agree that you must not:
  6. 1. 1. use the Software for any purpose other than the purpose for which it was designed and intended;
      2. commit or permit any act which may interfere with the use of the Software by any other User;
      3. use the Software to send junk, obscene, indecent, offensive or threatening electronic mail to any person or company;
      4. attempt to gain unauthorised access to the Software or computer systems or networks connected to the Software through any means;
      5. tamper with, hinder the operation of or make unauthorised modifications to the Software or any part thereof;
      6. damage or modify the Software or any part thereof;
      7. reverse engineer, decompile or disassemble the Software or any part thereof;
      8. copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Software or any part thereof; or
      9. modify, alter, adapt, disassemble, reverse engineer, decompile or amend any content on the Software or any part thereof in any way.
Fees
1. 1. You acknowledge and agree that access to the Software is subject to payment of the required fee(s) as notified by us from time to time or as published in the Software.
  2. Payment of all fees must be made in the time and manner directed by us and subject to any specific billing and payment terms which may be agreed upon between the parties from time to time.
  3. Where agreed by us in writing in advance, payment for a User, or multiple Users, may be made by the User’s employer.
  4. All fees are non-refundable.
  5. If any fee applicable to a particular User’s access to the Software is not paid by the nominated due date:
  6. 1. 1. access by that User to the Software and Services will be automatically suspended;
      2. the User must pay interest on any unpaid outstanding amount calculated at the daily rate of 20% per annum from the due date for payment until the date payment is actually made;
      3. the unpaid fee, any costs (including costs incurred in the collection of overdue amounts and legal costs on a solicitor and own client basis) we incur in collection of any overdue amounts, may be recovered by us as a debt immediately due and owing.
  7. Unless otherwise stated, all pricing for use of the Software is in USD and exclusive of VAT.
User Information
1. 1. You are solely responsible for any User Information which you supply or upload, and you acknowledge and agree that we act as a passive conduit for any distribution and publication of your User Information.
  2. You are solely responsible for transmissions to our Software when using Your Account or when the Software is accessed by someone using Your Account.
  3. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all intellectual property or other rights in Your User Information in any media.
  4. You acknowledge and agree that:
  5. 1. 1. We only act as a portal for the distribution and publication of User Information;
      2. We make no warranty that User Information is actually made available on the Software;
      3. We may control the nature and extent of publication of any User Information within the Software, including which Users can view a particular item of User Information;
      4. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to User Information;
      5. We have no responsibility or liability for the deletion or failure to store any of User Information, whether or not it was actually made available on the Software;
      6. User Information is subject to our approval and may be accepted, accepted on conditions, modified or rejected at our absolute discretion;
      7. When you provide User Information, we may receive additional related data, such as the time, date and place you provided the User Information;
      8. We are not liable or responsible for any loss that you may experience in submitting or viewing User Information or as a result of the use of User Information by any party, including us;
      9. We may collect and analyse metadata on User Information by removing all Personally Identifiable Information (PII) and aggregating the User Information metadata into a dataset, from which we can derive metrics, analytics, and performance indicators that may improve our service offerings and performance;
      10. We may aggregate individual metadata records and once aggregated, individual metadata records cannot be identified, removed, or deleted from the aggregated dataset.
  6. Without limiting any other clause of these Terms and Conditions or any Policy, You represent and warrant that your User Information:
  7. 1. 1. will not infringe upon or misappropriate any intellectual property or other rights of any person;
      2. will not violate any law or regulation;
      3. will not be defamatory or libellous;
      4. will not be obscene;
      5. will not include incomplete, false or inaccurate information; and
      6. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  8. We may provide a packaged extract of User Information upon request of the User, as reasonably required and may, in our absolute discretion, charge for time spent collating User Information of $100.00 per request.
  9. Subject to clauses 6, 9, and 21, you acknowledge and agree that we may publish Users on our website or in any other advertising medium, at our sole discretion, representing you as a User and client, for the purposes of advancing our publicity and marketing of the Software or Services.
  10. Ownership of User Information:
  11. 1. 1. User Information Ownership General Rules:
      2. Organisation-Registered Users:
        If a User is originally registered under an organisation account, the organisation under which the User is registered shall be deemed the owner of the User Information, unless otherwise established.
        Any ancillary Intellectual Property Rights associated with the User Information is deemed to be owned by the organisation, unless otherwise established.
        Non-Organisation-Registered Users:
        If a User is originally not registered under an Organisation account, the User themselves shall be deemed the owner of the User Information, unless otherwise established.
        Any ancillary Intellectual Property Rights associated with the User Information is deemed to be owned by the User, unless otherwise established.
      3. Transition from Organisation-Registered to Non-Organisation Registered:
      4. Where a User was originally registered under an organisation account, but has since left that organisation, the User Information remains the property of the organisation.
        Ownership of the User Information will only be transferred to the User if the Organisation expressly permits the transfer of record ownership to the User.
      5. Transition from Non-Organisation Registered to Organisation-Registered:
      6. Where a User was not originally registered under an organisation account, but has since been associated with an organisation account, the User Information remains the property of the User.
        Ownership of the User Information will only be transferred to the organisation, if the User expressly permits the transfer of record ownership to the Organisation.
Software Content
1. 1. The Software contains Content prepared by us or by third parties at our request which is of a general nature only.
  2. The Content does not take into account your needs, objectives or financial or training situation or provide you, your employees or contractors or your customers with advice of any nature.
  3. The Software, all Content and any User Information is provided on the basis that the authors, publishers and us are not engaged in providing, and do not provide, professional advice and services and nothing published by those authors, publishers and us on or through the Software constitutes professional advice. Because of this you should, before acting on any Content or User Information, consider its appropriateness to your personal circumstances, the circumstances of your employees, contractors and customers and seek professional advice to determine if it is suitable.
  4. The Software, Content and User Information is not and should not be used as a substitute for professional advice.
  5. We are not responsible under any circumstances, including negligence, for any errors or omissions, or for the results obtained from the use of the Software, any Content or any User Information. In no event will we or our affiliates, officers, directors, agents, employees, consultants or contractors be liable to a User or any third party for any decision made or action taken or omission in reliance on the information in the Software, the Content or User Information or for any consequential, special or similar damages or other loss, even if advised of the possibility of such damages.
  6. The Software and all Content and User Information is provided with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of it, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose to the extent permitted by law. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in the Software.
  7. We are not, and you confirm and acknowledge that we are not, a registered or formal training organisation for the purposes of delivery of the Services.
  8. We have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the quality, legality, accuracy, completeness or otherwise of User Information.
  9. Certain links in the Software may connect to other websites or applications owned and maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other websites or applications.
  10. The Software may contain a number of links to other internet software which are operated by third parties. You acknowledge and agree that We are not responsible either directly or indirectly for any loss caused by use of or reliance on linked software.
Nature of Aeronautical Information used as part of the Services
1. 1. We provide Aeronautical Information as part of the Services, and this Aeronautical Information is provided by and synthesized from a number of third-party sources, including statutory governmental agencies. We make no representation or warranty in relation to the completeness, currency, or accuracy of this information.
  2. The Aeronautical Information that forms part of the Services will vary by geographic region, governmental jurisdiction, and from time-to-time, the respective third-party providers will issue updates to their respective data sources, which may subsequently be incorporated into the Services, at our sole discretion.
  3. This Aeronautical Information is provided as part of the Services and is supplied on the same basis as the rest of the Services, as set out in these Terms and Conditions.
  4. The User acknowledges that, Aeronautical Information is used as part of the Services and as such there may be additional provider-specific or jurisdiction-specific laws and regulations that apply. Notwithstanding that compliance with all laws, regulations and directions is your responsibility, we may from time to time give specific notices about such matters, however are not obliged to do so to Users.
Intellectual Property and Data
1. 1. The Software, the Content and the Intellectual Property is protected by copyright and other proprietary rights and remains the property of us.
  2. You acknowledge and agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display the Software, Content or any part of it unless with the prior written permission from us (which may be granted or withheld at our absolute discretion) and when doing so you must acknowledge us and, in the case of software, include a link from your software to our Software.
  3. We may at our sole and absolute discretion refuse or remove any Content from the Software.
  4. This clause survives termination of the Terms and Conditions.
Upgrades
1. 1. You acknowledge and agree that these Terms and Conditions apply to any changes or updates to the Services or Software and any additional Services provided in the Software.
  2. We reserve the right to discontinue any Services provided to you or made available to you through the use of the Software at any time.
General Maintenance and Technical Support
1. 1. Access to the Software does not entitle you to any technical support, telephone assistance, or enhancements or updates to the Software. However, this does not prevent us from offering such services at our sole discretion.
  2. We will endeavour to carry out any non-urgent support services, upgrades, updates, supplements, add on components, or other internet based services or components of the Software outside of usual business hours. We may provide reasonable notification of any anticipated downtime.
Breach
1. 1. You will be in breach of these Terms and Conditions if:
  2. 1. 1. You breach these Terms and Conditions or any Policy or the terms and policies those documents incorporate by reference, including as to payment of any fees;
      2. We are unable to verify or authenticate your information;
      3. We believe that your actions may cause legal liability for you, Users of the Software or us;
      4. in Our sole opinion, your conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of the Software (or the operation thereof) or us;
      5. You are subject to an Insolvency Event; or
      6. We suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) in our sole discretion have engaged in fraudulent or deceptive activity in connection with our Software.
  3. On termination or expiry of these Terms and Conditions, your right to use the Software, Services and any Content shall cease.
  4. The rights and remedies of a party are in addition to the rights or remedies conferred on the party at law or in equity.
Termination
1. 1. We may immediately terminate the Terms and Conditions and/or your access to or use of the Services and Software (or any part thereof) in the event of:
  2. 1. 1. your breach of these Terms and Conditions or any Policy;
      2. discontinuance or material modification to the Services (or any portion thereof);
      3. unexpected technical or security issues or problems;
      4. prolonged Force Majeure; and/or
      5. extended periods of inactivity.
  3. Without limiting other remedies available to us at law, in equity or under these Terms and Conditions or any other Policy or otherwise, in we may, in our sole discretion:
  4. 1. 1. issue a warning, temporarily suspend, indefinitely suspend your use of the Software and/or refuse to provide the Software to you (including preventing You from accessing the Software) if you are in breach under clause 15.
      2. remove any infringing User Content from the Software (if applicable).
  5. We shall have no liability to you whatsoever as a result of any action taken by us under clause 15 and/or clause 16, including no liability for loss, including or any loss of data.
  6. In addition to any other rights either party may, by 1 months’ written notice to the other, terminate a User’s access to the Software and Services. Any amounts paid in advance may be refunded at Our discretion.
Effect of expiry or Termination
1. 1. On expiry of a User’s access to the Software or termination:
  2. 1. 1. we will cease to provide access to and use of the Software and Services;
      2. the User must destroy all evidence of any usernames, passwords, internet protocol addresses and other like matters;
      3. all payments previously made by, or on behalf of the User, remain the property of us and no party may make any claim in respect of such payments;
      4. we may, but are not obliged to, delete all User Information which is held in the Software or otherwise in the records of ours.
  3. Any rights which may have accrued to either party prior to expiry or termination shall be unaffected.
  4. All rights contained in these Terms and Conditions which are capable of doing so shall survive the expiration or termination of these Terms and Conditions and the User’s use of the Software.
No Warranty and Disclaimers
1. 1. We provide the Software on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. To the extent permitted by law, we specifically disclaim any implied warranties including in relation to title, merchantability, fitness for a particular purpose and non-infringement. Furthermore, We do not guarantee continuous, uninterrupted or secure access to the Software, Content or User Information, and operation of our Software may be interfered with by numerous factors outside our control.
  2. You warrant that you have not relied upon any representations, warranties or conditions offered or made by or on behalf of Us except to the extent expressly set out in these Terms and Conditions.
  3. You acknowledge and agree that we make no representation or warranty, in respect of the Services, that a flight path approval requested through the Software or as part of the Services, will be granted, or processed within a specific time and you acknowledge that all Services are delivered at our discretion.
  4. No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect your information, we do not warrant and cannot guarantee the security of your information which you transmit through the Software. Accordingly, your information which you transmit through the Software is transmitted at your own risk. We cannot guarantee that your information remains solely in the hands of those recipients of that information or that those recipients comply with their confidentiality obligations as required under our Policies, and we will not be responsible or liable for any loss incurred by your or any third party in this regard. You must inform us immediately of any breaches of security or unauthorised use of your information.
Liability
1. 1. In no event shall we or our affiliates, officers, directors, employees, agents, contractors or suppliers be liable for any loss arising out of or in connection with:
  2. 1. 1. the provision of Services, our Software, use of the Software or Services, the inability to use the Software or Services by you or any party;
      2. any performance, failure of performance, error, omission, interruption, defect, delay in operation or transmission;
      3. line or system failure or the introduction of a computer virus or any other item specified in clause 7.3(i) or other technical sabotage; or
      4. the Software, Services, Content or User Information, even if we or our employees or representatives are advised of the possibility or likelihood of such loss.
  3. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we and our affiliates, officers, directors, employees, agents, contractors and suppliers have no responsibility for the actions of you or other users (including the legality of such actions).
  4. Without limitation and notwithstanding any other provision of these Terms and Conditions and to the extent permitted by law:
  5. 1. 1. Our total liability arising out of or in connection with these Terms and Conditions, and the liability of our suppliers, to you or any third parties in any circumstance is limited per event to, in the case of our Services, the supply of the Services again;
      2. We shall not be liable for any loss you may incur.
  6. The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
  7. Notwithstanding any other term in these Terms and Conditions, nothing in these Terms and Conditions is intended to limit or exclude any liability on the part of us or our affiliates, officers, directors, employees, agents, contractors or suppliers except where (and to the extent that) applicable law prohibits such exclusion or limitation.
Indemnity: You agree to indemnify and hold us and our affiliates, officers, directors, agents, employees, contractors and suppliers harmless from and against any actions, claims, demands, proceedings, loss (known and unknown), including solicitors’ fees (on a solicitor and own client basis) and claims made by third parties, due to or arising out of your breach of these Terms and Conditions or any Policy or the terms and policies they incorporate by reference, or your violation of any law or the rights of a third party.
Miscellaneous
1. 1. Accessing Content from the Software and uploading information to the Software is done so at your own risk and you will be responsible for compliance with the laws within your jurisdiction.
  2. Publication of electronic addresses in the Software is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
  3. These Terms and Conditions are governed by the laws of Switzerland and the parties submit to the jurisdiction of the competent court of Switzerland to hear appeals from them.
  4. These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
  5. If a clause of these Terms and Conditions are void or unenforceable it must be severed from these Terms and Conditions and the clauses that are not void or unenforceable are unaffected by the severance.
  6. You agree that these Terms and Conditions and all incorporated agreements may be assigned by us, in our sole discretion. You may not assign these Terms and Conditions without our express prior written consent.
  7. Our failure to act with respect to a breach by you or others does not constitute a waiver of that breach or waive our right to act with respect to that breach or subsequent or similar breaches.
  8. No waiver by a party of a provision of these Terms and Conditions is binding unless made in writing.
  9. Nothing in these Terms and Conditions or Your use of the Software establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties.