1. Introduction
These Terms of Service (“Terms”) govern your access to and use of services provided by Kansi Solutions GmbH (“Kansi,” “we,” “us,” “our”) via RTKdata.com (collectively, the “Services”). By using the Services, you agree to be bound by these Terms.
Company Information
Kansi Solutions GmbH
Rotenbergerweg 24, 66640 Namborn, Germany
Legal Representatives: Jonas Becker, Konstantin Nidens
Company Registration: Amtsgericht Saarbrücken HRB 107712
VAT ID: DE346326134
These Terms form a legally binding agreement between Kansi and the person or entity using the Services (“Client,” “you”). If you are accepting on behalf of an organization, you represent that you are authorized to bind that organization.
Business Use. The Services are intended primarily for business and professional use. Where you act as a consumer, certain statutory rights may apply in addition to these Terms.
2. Services Provided
We provide access to high-precision positioning data and related software and support, which may include delivery of GNSS correction data, APIs, dashboards, and integration assistance (collectively, the “Positioning Services”).
We may deliver the Services using third-party providers, networks, stations, satellites, data feeds, facilities, and subcontractors (collectively, “Third-Party Services”). We do not identify or disclose specific providers unless legally required.
We commit to maintaining high standards of service availability and performance and an overall 99.99% online time for accessing the network with liability limited to the actual cost of the service provided for the period of non-performance. We are not liable for consequential damages to the Client or the Client’s customers.
– Customization & Integration. We may offer optional paid customization (e.g., data formats, API integrations). Deliverables are licensed, not sold, unless expressly stated.
– Reference Stations (Optional Loan). Where beneficial, we may loan client-premise equipment (e.g., a reference station) at our discretion. Loaned equipment remains our property; you must install, safeguard, and return it upon request or if unused for 30 days after delivery. We may remotely access such equipment for operation, diagnostics, and updates.
3. Client Obligations
Compliance. You must comply with all applicable laws and regulations when using the Services.
Accurate Information. You must provide and maintain accurate registration, billing, and contact information.
Account Security. Keep credentials confidential and notify us promptly of any unauthorized use. You are responsible for activities under your account.
4. Acceptable Use
You must not: (a) use the Services for unlawful purposes; (b) interfere with or disrupt the Services or underlying networks; (c) circumvent access controls or security; (d) perform scraping, bulk extraction, or automated access beyond documented APIs and rate limits; (e) resell, redistribute, or sublicense without our prior written consent; (f) reverse-engineer or create derivative works from the Services except where permitted by law.
We may monitor usage for abuse/fair-use and may suspend or restrict the Services immediately if we reasonably suspect violation, harm, or risk.
5. Fees, Billing, and Taxes
Pricing. Current pricing is shown on our website or an order form/SOW. Prices may change with reasonable notice.
Billing Cycle. Monthly or annual in advance unless agreed otherwise. Invoices are due upon receipt unless otherwise stated on the order form.
Payment Methods. As listed on our website/order form (e.g., card, SEPA, bank transfer, other electronic methods).
Late Payment. Overdue amounts may accrue interest at the maximum rate permitted by law and may trigger suspension or termination. You are responsible for reasonable collection costs.
Taxes. Fees are exclusive of taxes, duties, and similar assessments. You are responsible for applicable taxes, excluding taxes based on our net income. If you are tax-exempt, you must provide valid documentation before invoicing.
6. Service Availability
We use commercially reasonable efforts to maintain availability and performance. Maintenance (including emergency maintenance) may occur. Where we publish an uptime target or service credit scheme, service credits (if any) are your sole and exclusive remedy for unavailability or performance shortfalls. Service credits, if applicable, do not convert to refunds and cannot exceed fees paid for the affected period.
Because the Services may depend on Third-Party Services, radio conditions, atmospheric/ionospheric conditions, device quality, site installation, and other external factors, we do not guarantee continuous availability, accuracy, or precision.
7. Data Privacy and Security
We are committed to protecting your privacy and ensuring the security of your data.
– Data Collection: We collect various types of data, including personal, usage, and technical data, to provide and improve our services. Detailed information is available in our Privacy Policy (linked on our website).
– Data Usage: Your data is used to enhance service functionality, conduct research, and communicate with you. All usage is in compliance with applicable data protection laws.
– Data Protection: We employ robust security measures, including encryption, access controls, to safeguard your data. More details are in our Privacy Policy. We may collect operational telemetry (e.g., connection logs, device metadata, session counts) to secure, operate, measure, and audit the Services, consistent with our Privacy Policy.
– GDPR Compliance: We adhere to the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), ensuring all data processing is lawful, fair, and transparent.
– Data Processing Agreement: If we process personal data on your behalf, we will enter into a Data Processing Agreement (DPA) with you to ensure GDPR compliance.
8. Intellectual Property
Ownership. The Services, software, documentation, data compilations, and all related IP are owned by Kansi Solutions GmbH or its licensors.
License. Subject to payment and compliance, we grant you a non-exclusive, non-transferable, revocable, limited license to access and use the Services during your subscription term.
Feedback. You grant us a royalty-free, perpetual, irrevocable license to use feedback for improving the Services.
Client Content. You retain ownership of content and data you submit; you grant us the rights necessary to provide the Services.
9. Suspension & Termination
We reserve the right to terminate your access to our services under certain conditions, and you also have the right to terminate the agreement.
– Termination by Client: You may terminate the service at any time by providing written notice to our company address or via our client portal. Upon termination, you will no longer have access to our services, and any associated data may be deleted.
– Termination by Company: We may terminate your access if you violate these terms, fail to pay for services, or engage in conduct deemed harmful to our interests or other users. Notice will be provided via email or other communication methods.
– Effects of Termination: Upon termination, your license to use our services ceases immediately. Any outstanding fees become due and payable. We are not responsible for data loss resulting from termination.
– Any free trial, evaluation, or beta feature is provided “as is”, may be modified or withdrawn at any time, and is without any warranties or service-level commitments. We may limit functionality, duration, or capacity at our discretion.
10. Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Disclaimer of Certain Damages. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION; OR COSTS OF SUBSTITUTE GOODS/SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
Cap. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO KANSI SOLUTIONS GMBH FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Suppliers. THE ABOVE LIMITATIONS ALSO APPLY TO OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OUR SUPPLIERS AND SUBCONTRACTORS. OUR SUPPLIERS AND SUBCONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION 10.
You are solely responsible for validating suitability, accuracy, and safety for your use case.
You will indemnify, defend, and hold harmless Kansi, its affiliates, officers, directors, employees, agents, suppliers, and subcontractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms or law; (c) your content, data, or applications; or (d) your high-risk or safety-critical uses.
Some jurisdictions may not allow certain limitations; in such cases, the limitations apply to the fullest extent permitted.
11. Dispute Resolution
Our dispute resolution process aims to resolve conflicts amicably and efficiently.
– Governing Law: These terms are governed by the laws of Germany.
– Jurisdiction: Any disputes arising from these terms or the services will be subject to the exclusive jurisdiction of the courts in Saarbrücken, Germany.
– Optional Arbitration (by mutual agreement): By mutual written agreement, disputes may be resolved through arbitration under the rules of the German Arbitration Institute (DIS) in Saarbrücken, conducted in English (or German if both parties agree).
– Multi-tier Dispute Resolution: Before pursuing legal action, parties agree to attempt resolution through negotiation and, if necessary, mediation and arbitration. Each party bears its own costs for negotiation and mediation.
12. Amendments
We may update these Terms by posting the revised version and/or notifying you by email or portal notice. Changes take effect 30 days after posting/notice. If you do not agree, you may terminate before the effective date; continued use after the effective date constitutes acceptance.
13. Miscellaneous
– Entire Agreement: These terms constitute the entire agreement between you and Kansi Solutions GmbH regarding your use of the services and supersede any prior agreements or understandings.
– Severability: If any provision is found invalid, the remaining provisions will continue in full force and effect.
– Waiver: Our failure to enforce any provision does not constitute a waiver of our right to enforce it later.
– Assignment: You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign or transfer our rights and obligations without restriction.
– Relationship of Parties: These terms do not create any agency, partnership, or joint venture between you and Kansi Solutions GmbH. Each party is an independent contractor.
– Survival: Provisions relating to liability, indemnification, intellectual property, dispute resolution, and other provisions that by their nature should survive termination will survive termination of these terms.
– Contract Language: This contract is concluded in English.
– Order of Precedence: If there is a conflict between these Terms and an order form, statement of work, or DPA, the signed document controls for the conflicting subject matter.
14. Definitions
This section defines key terms used throughout these Terms of Service:
– Services: Services: The positioning data services, software, APIs, dashboards, documentation, integrations, optional equipment loans, and support provided by Kansi Solutions GmbH
– Client: The individual or entity using our services.
– Subscription: The agreement to pay for and use our services on a recurring basis.
– Personal Data: Any information relating to an identified or identifiable natural person.
– Data Processing Agreement (DPA): An agreement between a data controller and a data processor outlining terms for processing personal data
15. User Account
Your user account is essential for accessing and managing our services.
– Account Creation: To access our services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
– Account Security: Notify us immediately of any unauthorized use or security breaches. We are not liable for any loss or damage arising from your failure to comply with this security obligation.
– Account Termination: We may terminate your account for violations of these terms, non-payment, or harmful conduct. Upon termination, you will no longer have access to our services, and any associated data may be deleted.
16. Usage Restrictions
Ensure fair and responsible use of our services.
– Fair Use Policy: We track usage patterns to identify any unusual or excessive usage. If your usage significantly deviates from typical patterns, we will reach out to discuss the situation and explore possible solutions.
– Restrictions on Sub-licensing: Do not resell, redistribute, or sub-license our services without our prior written consent. Unauthorized actions may result in termination of your account.
– Failure to comply may result in account restriction or termination.
17. Modifications to Services
We may modify features or components (including Third-Party Services) to improve security, performance, or compliance, or to enhance functionality. For changes that materially reduce core functionality of a paid plan, we will provide 30 days’ notice, except where immediate changes are required for security, legal, or safety reasons.
18. Third-Party Services
Our services may integrate with or rely on third-party services to enhance functionality and provide a comprehensive user experience. By utilizing our services, you acknowledge and agree to the following:
– Integration with Third-Party Services: We may offer integration with third-party services for a seamless user experience.
– Compliance: Your use of third-party services is subject to their terms and conditions. We are not responsible for issues arising from their use.
– Performance: While we strive to ensure reliable integration, we do not guarantee the performance or availability of third-party services. Any issues, interruptions, or downtime experienced with third-party services are beyond our control, and we are not liable for any resulting inconvenience or loss.
– Data Sharing: Data sharing with third parties will comply with our Privacy Policy and applicable regulations.
– Support for Third-Party Services: Our customer support may assist with issues related to the integration of third-party services. However, any technical support specific to the third-party services themselves should be directed to the respective third-party provider.
We do not control Third-Party Services and are not responsible for their acts, omissions, terms, privacy, security, availability, accuracy, or delays.
19. Warranty Disclaimer
We provide our services on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. By using our services, you acknowledge and agree to the following disclaimers:
– No Express or Implied Warranties: We expressly disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that our services will meet your requirements or that the operation of the services will be uninterrupted, error-free, or secure.
– Service Reliability: While we strive for high availability, we do not guarantee that the services will always be available or free from errors or other harmful components. Any interruptions or issues with the service are not covered by warranties.
– Information Accuracy: We make no warranties or representations regarding the accuracy, completeness, or reliability of any information provided through our services. Any reliance you place on such information is strictly at your own risk.
– No Liability for Damages: To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from your use of the services or for any other claim related in any way to your use of the services. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages.
This warranty disclaimer is an essential part of our agreement. If you do not agree with any part of this disclaimer, you should not use our services.
20. Force Majeure
We are not liable for failure or delay due to unforeseen events.
– Force Majeure Events: Neither party will be liable for any delay or failure to perform obligations under this agreement if the delay or failure is due to causes beyond their reasonable control, such as natural disasters, acts of God, war, terrorism, labor disputes, government actions, or interruptions in power or telecommunications services.
– Mitigation: Both parties will take reasonable steps to mitigate the effects of any force majeure event. If the event continues for more than 3 months, either party may terminate the affected services.
21. Right of Withdrawal
Digital Services Started During Withdrawal Period. If you request that we begin providing digital Services during the 14-day withdrawal period and acknowledge that you will lose the withdrawal right once full performance begins, you lose the withdrawal right when performance begins. If performance has begun but is not complete, you may owe a proportionate amount.
Consumers have the right to withdraw from contracts within 14 days without reason.
– Withdrawal Period. The period expires 14 days from the contract conclusion date.
– Withdrawal Process. To exercise this right, inform us of your decision by an unequivocal statement (e.g., letter, fax, email) to the contact details provided on our website. Use of the model withdrawal form is optional.
– Effects of Withdrawal. We will reimburse all payments received, including delivery costs (except for additional costs from non-standard delivery), within 14 days from receiving your withdrawal notice. Reimbursement will use the same payment method unless agreed otherwise, without fees.
22. Order Process and Contract Conclusion
By clicking a clearly labeled payment button such as “Pay Now” or “Order with Obligation to Pay” on rtkdata.com, you submit a binding order for the selected Services and agree to the associated fees and these Terms. A contract is concluded when we accept the order (e.g., by order confirmation or by providing access).
23. Confirmation Email
You will receive a confirmation email with details about your purchase, including the items purchased, the price, and any applicable taxes. This email serves as your receipt.
24. Contact Information
For questions, support, or legal notices, use provided contact details.
– Customer Support: For support, please reach out to us via the contact section of our website.
– Legal Notices: Send legal notices to the company address listed at the beginning of these Terms of Service. Notices must be sent by registered mail and will be deemed received upon delivery.
25. Compliance Clauses
Comply with all applicable laws and regulations.
– Export Control Compliance: Comply with all applicable export control laws. Do not export, re-export, or transfer our services or related technical data to restricted entities or locations.
– Anti-Bribery and Corruption: Comply with all applicable anti-bribery and anti-corruption laws, including the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act.
Sanctions: You will not use or provide the Services to or for the benefit of sanctioned persons or in sanctioned jurisdictions.
26. Data Localization and Transfer
Compliance with data localization and transfer laws.
– Data Localization. Data will be stored and processed per applicable data localization laws. This means that certain data may need to be stored within specific geographic locations to comply with local regulations.
– Data will be stored and processed per applicable data localization laws. International transfers will use appropriate safeguards (e.g., standard contractual clauses) as required by law.
27. Algorithm and AI Use
We use algorithms and AI responsibly and transparently.
– Transparency: Our services may use AI algorithms to enhance functionality. We ensure transparency in how AI impacts the services.
– Bias and Ethics: We monitor and mitigate biases in our AI algorithms, ensuring they operate fairly without discrimination.
28. Environmental and Social Governance (ESG)
We are committing to sustainability and social responsibility.
– Sustainability: We adhere to environmental standards to minimize our impact, including reducing energy consumption and promoting renewable resources.
– Social Responsibility: We support social governance standards, including fair labor practices, community engagement, and diversity and inclusion initiatives.
29. Audit Rights
We may, with reasonable notice and during normal business hours, review usage (including logs/telemetry) to verify compliance (e.g., number of concurrent data streams/licences and geographic or device limits). Overuse may result in suspension, or other remedies.
– Audit Procedures: Audits will minimize business disruption and respect confidentiality. You agree to cooperate fully and provide access to relevant information. Our audit rights are limited to ensuring compliance with these terms and to prevent abuse of the service.
30. Industry-Specific Compliance
Clients in regulated industries, such as aviation, maritime, and healthcare, must ensure their own compliance with applicable regulations.
31. Conclusion
These Terms govern your use of the Services. For questions, contact us per Section 24.