1. Introduction
Welcome to Kansi Solutions GmbH. By using our services available through rtkdata.com, you agree to comply with and be bound by the following terms and conditions. These terms govern your access to and use of our services and constitute a legally binding agreement between you (the “Client”) and Kansi Solutions GmbH (“we,” “us,” or “our”).
Company Information:
Kansi Solutions GmbH
Rotenbergerweg 24
66640 Namborn, Germany
Legal Representatives: Jonas Becker, Konstantin Nidens
Company Registration: Amtsgericht Saarbrücken HRB 107712
VAT Identification Number: DE346326134
2. Services Provided
We provide access to the Geodnet RTK CORS network, delivering high-precision GNSS RTK data for various applications.
Our services include access to GNSS RTK data, software applications, and technical support related to the Geodnet RTK CORS network. We commit to maintaining high standards of service availability and performance as part of our agreement with GeoDAO PTE LTD (“Geodnet”) and an overall 99.7% 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 not liable for consequential damages to Clients or Clients’s customers.
– Customization and Integration: We offer customization and integration services, including API access, custom data formats, and other bespoke solutions.
– Reference Stations: If necessary for improving RTK quality, we may supply clients with free permanent reference stations. These reference stations are designed for easy setup and require only a clear view of the sky, a small amount of electricity, and an internet connection. The reference stations remain the property of Kansi Solutions GmbH. If the client fails to set up the station within one month, it must be returned to Kansi Solutions GmbH. Additionally, clients must return the reference station upon request by Kansi Solutions GmbH. Kansi Solutions GmbH retains all rights to and benefits derived from operating such stations.
3. User Obligations
As a user of our services, you are required to adhere to the following obligations:
– Compliance with Laws: You must comply with all applicable local, state, national, and international laws and regulations in connection with your use of our services.
– Provision of Accurate Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4. Prohibited Activities
You agree not to engage in any prohibited activities, including:
– Using our services for any illegal or unauthorized purpose.
– Interfering with, compromising system integrity or security, or deciphering any transmissions to or from the servers running the services.
– Activities that disrupt or interfere with the services, servers, or networks connected to the services.
– Using any automated means or form of data scraping or data extraction to access, query, or collect data from the services.
5. Payment Terms
Our payment terms aim to ensure transparency and ease in billing for the services we provide.
– Pricing: Detailed pricing information for our services is available at the pricing section of our website. Prices are subject to change, with reasonable notice provided.
– Payment Methods: We accept credit cards, SEPA bank transfers, and other electronic payment methods as specified on our website.
– Billing Cycle: Services are billed on a monthly or annual basis, with invoices generated at the beginning of each cycle and due upon receipt.
– Late Payments: Late payments may incur additional fees and result in suspension or termination of services. We may reserve the right to charge interest on overdue amounts.
– VAT: Our VAT identification number is DE346326134. VAT-exempt transactions within and outside the EU will be handled according to EU VAT regulations.
6. Service Availability
We strive to maintain high availability and quality of our services. While we aim for 99.7% uptime and minimal disruptions, certain events beyond our control may affect service availability. Scheduled maintenance will be communicated in advance. Customer support is available during designated hours to promptly address any issues. Service credits are the sole remedy for any breaches of our uptime guarantee.
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 link].
– 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 link].
– 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
Our intellectual property policies protect our rights and respect the rights of others.
– Ownership: All intellectual property rights in our services and related materials, including software, documentation, data, and trademarks, are owned by Kansi Solutions GmbH or its licensors. You do not acquire any ownership rights by using our services.
– License: We grant you a non-exclusive, non-transferable, limited license to use our services in accordance with these terms, subject to compliance with these terms and without rights to modify, distribute, or reverse engineer our software.
– Open Source Software: Our services may include open source software components subject to their respective licenses.
– Client Intellectual Property: Any intellectual property you provide remains your property. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute your intellectual property solely for providing our services.
9. 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.
10. Liability
– Limitation of Liability: To the maximum extent permitted by law, our liability for claims arising out of or related to these terms or your use of the services is limited to the amount you paid us for the services in the 12 months preceding the event. We are not liable for indirect, incidental, punitive, or consequential damages, including loss of profits, data, or business opportunities.
– Indemnification: You agree to indemnify, defend, and hold harmless Kansi Solutions GmbH and its officers, directors, employees, and agents from claims, liabilities, damages, losses, and expenses, including legal fees, arising from your access to or use of the services, violation of these terms, or infringement of any third-party rights.
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.
– Arbitration: Disputes may be resolved through arbitration under the rules of the German Arbitration Institute (DIS), to take place in Saarbrücken and conducted in English, unless both parties agree to use German. If any part of this dispute resolution clause is found invalid, the remainder still applies.
– 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 reserve the right to amend these terms from time to time.
– Changes to Terms: We may update these terms by posting revised terms on our website and providing notice via email or other communication methods. Changes will take effect 30 days after notice. If you disagree with the changes, you may terminate the service before they take effect. Continued use of the services indicates acceptance of the amended terms.
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.
14. Definitions
This section defines key terms used throughout these Terms of Service:
– Services: The GNSS RTK services provided by Kansi Solutions GmbH, including data provision, software applications, and technical support.
– 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 update our services to improve functionality or address security. Changes may affect performance or availability. Significant changes will be communicated via email or website notice at least 14 days in advance.
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.
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
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. Button Solution (Button-Lösung)
By clicking “Order Now” or “Pay Now” on the rtkdata.com website, you acknowledge making a purchase and agree to pay the associated fees. This process is designed to make it clear that you are entering into a binding contract.
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.
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 Transfers: International data transfers will be conducted in compliance with GDPR and other relevant regulations. Appropriate safeguards, such as standard contractual clauses, will be used for data transfers outside the European Economic Area (EEA), such as standard contractual clauses or binding corporate rules.
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 reserve the right to audit clients of the service.
– Right to Audit: We may conduct audits to ensure compliance with these terms during normal business hours with reasonable notice.
– 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
At Kansi Solutions GmbH, we are committed to delivering high-quality GNSS RTK services tailored to meet your unique needs. Our dedication to excellence, compliance, and innovation underscores our mission to support your business with precision and reliability.
We value your trust and partnership. By choosing Kansi Solutions GmbH, you are partnering with a team that prioritizes your success and satisfaction. Should you have any questions or require further assistance, our support team is readily available to provide you with the help you need.
Thank you for choosing Kansi Solutions GmbH. Together, we are shaping the future of high-precision positioning technology, ensuring your projects are completed with the utmost accuracy and efficiency.
Sincerely,
The Kansi Solutions GmbH Team