Terms of use

The capzlog.aero Ltd. (hereinafter the "Provider"), registered in Switzerland, enables pilots and other interested persons (hereinafter jointly the "Users") to use capzlog.aero in the form of apps and online services as well as other offers, in particular to keep a flight log or flight books in digital form (hereinafter "capzlog.aero").

These terms of use regulate the rights and obligations of the Provider as well as the Users of capzlog.aero. Supplementary or further conditions may exist for individual offers and for individual or additional functions and services.

Information on the processing of personal data as well as on the rights of persons whose data are processed in connection with capzlog.aero can be found in the Privacy Policy.

1. Use

1.1 The Provider makes capzlog.aero available until further notice. The use of capzlog.aero is restricted to natural persons who are of unrestricted capacity to act and of full age or who act with the consent of such persons, as well as to legal entities. Users agree to use capzlog.aero exclusively in accordance with the terms of use and in compliance with the law.

1.2 The Provider provides information about the range of functions and services offered in a suitable form. The use of capzlog.aero is generally subject to a fee and is granted through subscriptions with certain periods of validity. The Provider informs about fees and terms in a suitable form. The Provider may adjust the scope of functions and services at any time or discontinue the operation of capzlog.aero. The Provider may stipulate that current or otherwise defined versions of apps, operating systems, browsers and other software must be used for access to capzlog.aero. The updating of such software lies in the responsibility of the Users.

1.3 The Provider may provide for different categories of Users, in particular depending on the functions and services used or on any financial or other contributions provided by public authorities and companies (hereinafter the "Contributions"). The Provider may exchange the necessary user data with such authorities and companies in order to verify the entitlement to usage of individual functions and services and to Contributions or to enable billing.

1.4 For payments by means of third party services such as credit card providers, PayPal or TWINT the respective General Terms and Conditions (GTC) and other provisions of the respective third party services apply.

1.5 The Provider grants a right of withdrawal for at least 14 days for functions and services subject to a charge. Users who wish to exercise their right of withdrawal must notify the Provider and provide a reason for the withdrawal. The right of withdrawal can only be claimed once per User for each function or service.

1.6 Fees are due immediately and in advance, unless a payment deadline is granted. Users are automatically and without reminder in payment delay if payment is not made on time. Fees already paid will not be refunded and fees already owed remain due in any case. In case of payment delay, the Provider may deny access to capzlog.aero. The offsetting of claims against the Provider by Users is not allowed.

1.7 The Provider may inform and contact Users by letter post, email, instant messaging, SMS and other communication channels with notifications and messages in connection with capzlog.aero. Users may dissent from the receipt of such notifications and messages at any time ("opt-out"). This does not apply to notifications and messages that are necessary for the use of capzlog.aero.

1.8 The Provider may have capzlog.aero operated in whole or in part by or together with third parties as well as by or together with affiliated companies, in particular the parent company, sister companies and subsidiaries. The Provider may transfer rights and obligations in connection with capzlog.aero to such third parties and companies. Such third parties and companies may be located outside of Switzerland.

2. Licence

2.1 The Provider grants Users a non-exclusive, non-transferable, non-assignable, limited licence for the use of capzlog.aero in the form of executable apps (installed software) or online services (Software as a Service, SaaS). The licence is limited to the purpose or purposes according to the scope of functions and services. The licence is limited to the country or countries where capzlog.aero is offered. All rights to capzlog.aero remain property of the Provider.

2.2 The Provider can withdraw this licence permanently or temporarily at any time in case of violation of these terms of use or in case of illegal use of capzlog.aero as well as in case of suspicion thereof.

3. Registration

3.1 The Provider generally provides for a mandatory registration for the use of capzlog.aero or for the use of individual functions and services. The Provider may use registration services of third parties exclusively or in addition. The Provider may refuse the registration at any time - also subsequently - and without giving reasons.

3.2 Registered Users are responsible for all activities in connection with capzlog.aero that take place under their User account. This responsibility also extends to other Users and their User accounts that an individual User creates or manages for other Users, for example User accounts for employees of a company or for members of an organization.

3.3 The Provider shall inform Users in a suitable form about the data required for the use of capzlog.aero. Registration with false, fictitious or misleading data is prohibited. The Provider may verify data provided by Users - also retrospectively - or have it verified by third parties.

3.4 Registered Users are obliged to keep their access data for capzlog.aero confidential and to use it exclusively for their own purposes. Automated access to capzlog.aero, especially with bots, scripts or similar means, is prohibited. The Provider may provide interfaces for accessing capzlog.aero, for example an Application Programming Interface (API).

3.5 The Provider may at any time permanently or temporarily deny access to capzlog.aero in case of a violation of these Terms of Use or in case of illegal use of capzlog.aero as well as in case of suspicion thereof. The Provider may issue a warning to affected Users at its own discretion, but is not obliged to do so. If access is denied in accordance with this provision, there shall be no claim to the reimbursement of fees paid or to the deferment of fees owed.

4. User Data

4.1 Data of Users remains within the legal sphere of the Users, even if it is processed by the Provider within capzlog.aero. Users expressly agree that the Provider may process their data for the purpose or purposes according to the scope of functions and services in connection with capzlog.aero. The Users are responsible for data backup, even if the Provider endeavours to back up Users' data on a regular basis.

4.2 The Provider may process the data of Users in aggregated, anonymized or pseudonymized form for its own security related, statistical and technical purposes, as long as such processing is necessary for such purposes. The Provider may use such aggregated, anonymized or pseudonymized data for statistics that are published and made available to Users and third parties.

4.3 The data of active Users is stored permanently. Users are no longer considered active if they have their User account deleted. Users can have their data deleted at any time in accordance with the applicable data protection law.

4.4 Users who process the personal data of other Users and other affected persons within the framework of capzlog.aero guarantee by themselves that such processing is only carried out in compliance with the law. This includes in particular the data of the persons concerned and the obtaining of any necessary consent for the processing of personal data.

5. Warranty and Liability

5.1 The Provider operates capzlog.aero professionally and carefully. Nevertheless, capzlog.aero may be temporarily unavailable in part or in whole, especially for technical reasons or due to maintenance work. The Provider informs in advance about planned maintenance windows in a suitable way. The Provider strives for the highest possible availability. However, the Provider does not assume any warranty for functions and services, for the availability of capzlog.aero as well as for provided data of third parties such as airports, aircraft, pilot licences and applicable law. Users are at all times and to the fullest extent responsible for whether, and if so, under what conditions and to what extent they are allowed to engage in flying or other activities.

5.2 The Provider is only liable for direct damages caused by her own grossly negligent or intentional actions. Liability is limited to the amount of fees paid by a User for the use of capzlog.aero in the twelve months prior to a damaging event. Any further liability of the Provider for direct damages, in particular in case of slight and medium negligence, for any errors in apps, online services and other offers as well as for entries made by Users, is explicitly and completely excluded. Any liability of the Provider for indirect damages and consequential damages caused by defects, for claims of any third parties as well as for loss of profit is expressly and completely excluded. Any liability for auxiliary persons is excluded.

5.3 Furthermore, the Provider shall not be liable if the obligations arising from these Terms of Use are only partially or not completely fulfilled due to force majeure. Force majeure includes in particular fires and lightning strikes, floods and other natural disasters, magnetic storms, unforeseen weather conditions, strikes, assassinations and explosions, riots, wars and civil unrest, epidemics and pandemics, nuclear accidents, the restriction or interruption of power supply and telecommunication services, IT security incidents as well as officially ordered prohibitions. The COVID-19 pandemic is considered force majeure within the scope of this provision.

5.4 Users are expressly and fully liable to the Provider and any third parties for all direct and indirect costs as well as for damages resulting from violations of these terms of use or from the use of capzlog.aero in a way that does not comply with the law. This liability applies regardless of fault and also includes indemnity for claims of other Users and possible third parties. Users concerned shall indemnify the Provider from all claims of other Users and third parties and undertake to bear all costs - including legal fees and court costs - as well as direct and indirect damages of the Provider in this context.

5.5 The limitation of liability under these Terms of Use applies regardless of the legal grounds. The right of further reaching mandatory liability, in particular for grossly negligent or intentional acts and in accordance with the applicable data protection law remains reserved.

6. Final provisions

6.1 The Provider can adapt these terms of use at any time and without giving reasons. Users will be informed in an appropriate form of any significant changes to these Terms of Use.

6.2 Should any provision of these Terms of Use prove to be unenforceable, invalid or ineffective, the enforceability, validity and effectiveness of the remaining provisions shall not be affected thereby. In this case, the parties undertake to replace the unfulfillable, invalid or ineffective provision with a fulfillable, valid or effective provision that comes closest to the original intention of the parties in terms of content and economic effect. This severability clause does not apply to Users who are consumers.

6.3 Swiss law applies exclusively to these Terms of Use. The provisions which law applies in the event of a conflict between Swiss and foreign law are not applicable. The exclusive place of performance is the registered office of the Provider. The exclusive place of jurisdiction is at the registered office of the Provider. The Provider is entitled to file a suit at the domicile or residence of Users. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. This clause does not apply to Users who are consumers.

The version of this document in German is authoritative. Versions in other languages have been produced by machine.