Terms of Products & Services

The term “Products” will be used to refer to both the cloud-based Services products and the physical products sold by Easynav.xyz gmbh

​This agreement, the Easynav.xyz gmbh Terms of Service (“Terms”), outlines the terms regarding your use of our Products. These Terms are a legally binding contract between you and Easynav.xyz gmbh (“Easynav.xyz gmbh ”, “we” or “us”) so please read carefully. If you do not agree with these Terms, you may not register or use any of the Products or Services.

1 – Using our Products and Services

You must follow any policies made available to you within the Products and Services.

​Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Products does not give you ownership of any intellectual property rights in our Products or the content you access other than as expressly set out in these Terms. Other than User Content (addressed below), you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

​Easynav.xyz gmbh is not a land surveyor and does not hold itself out as land surveyors. You, the customer, are responsible for any jurisdictional requirements to comply with any land surveyor requirements.

1.1 – Fair Usage

Our Fair Use Policy has been created to prevent improper use of Easynav.xyz gmbh, so we can offer all our customers an excellent user experience. The Fair Use Policy for our solution include user access, data processing, storage, sharing, API traffic, and RTK / NTRIP data. Each Easynav-RTK license is to be used by one person only, and reasonable amounts of data creation for a single person, and is not to be shared with any other user. We determine the scope of Fair Use we take into account your license against the usage typical usage across the universe of accounts. When we detect out of the ordinary levels of usage in your Easynav.xyz Gmbh account, we’ll contact you to discuss the situation and potential alternatives. If usage does not come into compliance with our policy, we reserve the right to limit your account or terminate your license and access to the system.

1.2 – Eligibility

By agreeing to these Terms, you represent and warrant to us that:

(a) your registration and your use of the Service is in compliance with all applicable laws and regulations;

(b) you have not previously violated any FAA or other aviation regulation; and

(c) you have not previously been suspended or removed from the Service.


1.3 – Your Responsibility

You are solely responsible for ensuring that you comply with all applicable legal requirements for the operation of any aircraft, including any requirement that you detect and avoid other aircrafts. You must at all times comply with all applicable local, state, federal, and international laws and regulations related to the operation of unmanned aerial devices and your use of the Service in your territory of operation, including any applicable laws with regard to privacy. You will obtain and maintain all necessary licenses, consents, and authorizations of any kind.
 
1.4 – Your Responsibility

As a user of the Easynav-RTK service you are solely responsible for:

a. Complying with all local, national, and international laws, regulations, and guidelines governing the operation of unmanned aerial vehicles (UAVs), drones, or any other remote-controlled or autonomous aircraft systems.

b. Ensuring that you have the appropriate permits, permissions, and certifications required for the operation of your drone in the intended area of flight.

c. Maintaining control of your aircraft at all times and taking necessary actions to ensure the safe operation of your drone, including but not limited to, adjusting your flight plan, aborting a mission, or manually taking control of the aircraft.

d. Verifying the accuracy and suitability of the automated flight plan generated by the Service, and making any necessary adjustments to ensure compliance with local airspace restrictions, safety regulations, and other applicable rules.


2 – Your Easynav.xyz Account

You may need a Easynav.xyz Account in order to use some of our Services. You may create your own Easynav.xyz Account, or your Easynav.xyz Account may be assigned to you by an administrator, such as your employer. An account is defined as one named user individual (“User”) that can use the Service at a time. Multiple Users may not use the same User account via sharing login details or utilizing a team based email address, and only one human being can be associated with a particular User account. If you are using a Easynav.xyz Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.​

To protect your Easynav.xyz Account, keep your password confidential. You are responsible for the activity that happens on or through your Easynav.xyz Account. Try not to reuse your Easynav.xyz Account password on third-party applications.

3 – Ownership; Proprietary Rights

The Service is owned and operated by Easynav.xyz gmbh . The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Easynav.xyz gmbh are protected by intellectual property and other laws. Except as expressly authorized by Easynav.xyz gmbh , you may not make use of the Materials. In addition, we will own any and all right, title, and interest in, and to any feedback, suggestions, information, or materials you convey to us related to the Service in connection with your use of the Service (“Feedback”). You hereby assign to Easynav.xyz gmbh all right, title, and interest in such Feedback.

4 – Billing and Payment


Access to the Service requires you to purchase a subscription and to pay our automatically recurring monthly or annual subscription fees. Access to certain features of the Service may require you to pay additional fees.

All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information. An upgrade from the free plan to any paid subscription plan will trigger an invoice. For monthly payment subscription plans, the Service is billed automatically in advance via credit card on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.


4.1 – Fees

During the Contract Term (or Evaluation Term where applicable), you will be charged Fees for Users and any applicable Add-On Features or Activity-Based Features. Except as otherwise specified herein or in an Order Form: (a) Fees are quoted and payable in United States dollars; (b) User and Add-On Fees are based on Services purchased and not actual usage; (c) your obligation to pay all Fees is non-cancelable, and Fees paid are non-refundable. Easynav.xyz gmbh will not increase the Fees during the Contract Term stated in the then current Order Form. On renewal, you acknowledge that Easynav.xyz gmbh may, from time to time, add additional features or functionality to the Services that Easynav.xyz gmbh does not make generally available without payment of additional Fees, and that your access to and use of such additional features and functionality may require payment of additional Fees.  


4.2 – Payment Terms

You will pay Fees via credit card or by other payment type specified in the applicable Order Form. If you are making payments of Fees via credit card, You agree to provide accurate payment information and hereby authorize Easynav.xyz gmbh to charge such credit card for all Fees set forth in an applicable Order Form for the Contract Term (and any renewal thereof).

Payment of Products or Services by any method other than credit card (for example, check, wire transfer, or ACH), are not. You shall pay in accordance with the Order Form. Unless otherwise stated in the applicable Order Form, all payments for which invoices are delivered are due within thirty (30) days after the date of the invoice or Purchase Order.

If Easynav.xyz gmbh has not received payment by the applicable due date, then Easynav.xyz gmbh may assess a late fee of one and one-half percent (1.5%) per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid and/or condition future Contract Term renewals and Order Forms on payment terms shorter than those specified herein.​

​If you have elected to pay via credit card and the credit card is charged back to Easynav.xyz gmbh or if any amount invoiced to you are not paid within thirty (30) days of the invoice date, Easynav.xyz gmbh may: (i) with respect to chargebacks, cease charging your credit card and invoice you for the amount charged back and any future amounts; (ii) accelerate the payment of any amount payable; (iii) immediately suspend your access to the Products or Services until payment is made; and/or (iv) immediately terminate the applicable Order Form for which amounts were due and/or terminate this Agreement.​​


4.2 – Return Policy

Hyfix, easy-rtk, easynav.xyz and all other listed brand Hardware:
 
All Returns must be made within 14 days of delivery to the address we send them to the customer.
25% restocking fee for items that are new, unused, and available for immediate resale.
50% Restocking fee for items that need to be sold at a discount due to un-intact packaging.
If paid via credit card, then 4% credit card fee will be deducted from the refund.
No Return for installed, damaged, or non-resalable items not covered by warranty.
Deductions from our invoice or back charges for unauthorized work or materials will not be accepted.
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easynav.xyz / esasynav-rtk Software Return Policy:
 
easynav-rtk software is non-refundable after purchase.



​5 – Taxes

You are responsible for paying, and will pay, all applicable Taxes, and will indemnify and hold Easynav.xyz gmbh harmless from any costs associated with the collection or withholding thereof, including penalties and interest. Unless otherwise stated in an Order Form, the Fees listed on an Order Form or Invoice may not be inclusive of any applicable Taxes. When possible, your invoices will include Fees and Sales Taxes, but there may be some instances when your invoice does not include Fees and Sales Taxes, but you are still responsible for them. If Easynav.xyz gmbh has the legal obligation to pay or collect Taxes for which you are responsible under this Section 5, the appropriate amount shall be invoiced to and paid by you unless you provide Easynav.xyz gmbh with a valid Tax exemption certificate authorized by the appropriate taxing authority.

6 – Privacy and Copyright Protection

Easynav.xyz gmbh privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Easynav.xyz gmbh can use such data in accordance with our privacy policies and applicable law.​

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. And the Swiss Law


Each party agrees to protect and not to disclose any confidential or proprietary information exchanged by a party in the course of providing and receiving our Services.

7 – Your Content in our Services

Certain features of the Service may permit users to generate or post content, including messages, reviews, video, maps, models, folders, data, text, photographs, images, and data gathered by a drone or device (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. In short, what belongs to you stays yours.

To provide our Service, we do require a license to your User Content, so that we can store your data on our servers, process it and transmit it to you: when you upload, submit, store, send or receive content to or through our Services, you hereby grant to Easynav.xyz gmbh (and those we work with) a non-exclusive, worldwide license to use, store, reproduce, process, modify, publish, transmit, display, and distribute your User Content. The rights you grant in this license are for the limited purpose of operating and improving our Services, and to develop new products and services. This license continues even if you stop using our Services.


Why do we need these rights? The following situations are a few examples of where we would need these rights:

 In order to receive your uploaded images, we need the right to store and transmit the data.


We need the rights to store, transmit, process, modify the user content (images) in order to turn your images into maps and 3D models.


 If you would like to see the resulting maps/models and share them with people you have selected using Easynav.xyz gmbh , we need the rights to transmit, display and distribute your user content.

 Again – since you own the Intellectual Property of the data, that means we can’t share or distribute this data without your permission, and we need this permission in order to provide the service to you.

 
7.1 – User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you represent, and warrant that: you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Easynav.xyz gmbh and users of the Service to use and distribute your User Content; and your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe any third-party right, including any intellectual property, privacy or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.


7.2 – User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Easynav.xyz gmbh may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Easynav.xyz gmbh with respect to User Content.


8 – Data Expiry Policy

After a free trial or a paid license expires, all processed Data were created on the Easynav.xyz gmbh platform with the associated Easynav-RTK account are deleted after 90 days, per on our retention policy. This means that processed Datas are not accessible after 90 days.

For example – A creates a Test-Account a free trial and 27 days after the trial expires, the user buys an annual license. In this case, the data will not be removed. However, if the user buys the annual license after 91 days the trial expired, the data and cwill no longer be accessible.
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9 – Third-Party Services


Easynav.xyz gmbh may provide tools through the Service that enable you to export information, including User Content, to third-party services. By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information.

10 – About Software in our Services

Easynav.xyz gmbh gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Easynav.xyz gmbh as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Easynav.xyz gmbh , in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission.

The Software may contain or be accompanied by software code provided by third parties (“Third Party Software”) that is subject to separate license terms (the “Third Party Terms”), and not any license contained in these Terms. Your use of the Third Party Software in conjunction with the Service in a manner consistent with the Terms is permitted. However, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third Party Software.

11 –Firmware, and other processing software


Easynav.xyz gmbh software is subject to the following End User License Agreement.

Easynav.xyz gmbh hardware is subject to the Warranty found in the footer of this page.

12 – Easynav-RTK /RTK-Network (GEODNET)

12.1 Data Quality: All data, including RTK and RINEX data (“Data”), provided through the easynav-rtk are provided on an “as is” basis. While we strive to maintain the highest levels of accuracy and data quality, we make no warranties or representations regarding the accuracy, reliability, completeness, or timeliness of the Data.

12.2 User Responsibilities: As a licensed land surveyor, you are required to validate and cross-check the Data with a known point before and after using our services. It remains your responsibility to verify the data accuracy, and you agree to accept full responsibility for any decisions or actions taken based on the Data.

12.3 Limitation of Liability: Easynav-rtk expressly disclaims any liability for errors, inaccuracies, or misinterpretations resulting from the use of the Data. In no event shall Easynav-rtk be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, data or other intangible losses, resulting from the use or inability to use the Data.

12.4 GEODNET Service and Station Movement Detection:

12.4.1 Service Description: GEODNET service is designed to perform location movement detection. It uses best efforts to bring a station down if any unexpected movement is detected to ensure the quality of the Data.

12.4.2 No Guarantees: Despite our best efforts, Easynav-rtk does not guarantee that station movement will be detected in every instance or that a station will be brought down every time such movement is detected. You agree to not hold Easynav.xyz gmbh liable for any damages or losses that may arise as a result of undetected station movement or a failure to bring a station down.

12.4.3 Limitation of Liability: Easynav-rtk will not be held accountable for any errors, omissions, or inaccuracies in the Data that may arise from the GEODNET service’s failure to detect station movement or bring a station down. Your reliance on any Data provided by the GEODNET service is strictly at your own risk.

By using Easynav-rtk and GEODNET services, you acknowledge that you have read and understood these Terms of Service, and you agree to be bound by them. If you do not agree with these Terms of Service, you should not use our services.


12.5 Easynav.xyz gmbh sells access to a distributed RTK network. This service is currently in BETA. You may gain access to this service by purchasing a Easynav.xyz Station and connecting it to the GEODNET. If you are gaining access to the RTK network in this way then you relinquish your right to any tokens or crypto currency earned by this miner. In addition, a paid subscription must be taken out for it. If Easynav.xyz gmbh ever discontinues the Easynav-rtk service, then your sole recourse is for the miners you purchased under this program to be reconfigured to your GEODNET account.



13 – Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionality or features, and we may suspend or stop a Service altogether. Easynav.xyz gmh may stop providing Services to you, or add or create new limits to our Services at any time.

​We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
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13.1 – Terms of Agreement

The term of this Agreement will commence on the Effective Date and, unless earlier terminated, will expire at the end of the Term. If you purchases Services, the term of this Agreement will commence on the Effective Date and, unless earlier terminated in accordance with this Agreement, will continue for the duration of any Contract Term set forth in an applicable Order Form. Except as otherwise specified in the applicable Order Form, all Contract Terms shall automatically renew for additional periods equal in duration to the expiring Contract Term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least thirty (30) days before the end of the relevant Contract Term.

13.2 – Termination

Either party may terminate this Agreement or any individual Order Form: (a) for cause if the other party materially breaches this Agreement or an Order Form and does not remedy such breach within thirty (30) days after its receipt of written notice of such breach; (b) immediately if the other party: (i) terminates its business activities or becomes insolvent; (ii) admits in writing to the inability to pay its debts as they mature; (iii) makes an assignment for the benefit of creditors; or (iv) becomes subject to direct control of a trustee, receiver, or similar authority; or (c) in the case of Easynav.xyz gmbh, immediately if you do not pay the Fees when due as described in Section 4.

13.3 – Effect of Termination

Upon any expiration or termination of this Agreement: (a) your right to use the Services shall cease, and Easynav.xyz gmbh shall have no further obligation to make the Services available to you; (b) except as otherwise expressly stated herein, all rights and licenses granted to you under this Agreement will immediately cease; (c) except as provided in Section 8, Easynav.xyz gmbh will have no obligation with respect to any of your Data; and (d) you will pay any unpaid Fees payable for the remainder of the Contract Term under any applicable Order Form in effect prior to the termination date.

13.4 – Survival

The following Sections will survive any expiration or termination of this Agreement:

    (Ownership; Proprietary Rights)

    (Billing and Payment)

    (Taxes)

    (Privacy and Copyright Protection, Confidentiality)

    (Your Content in our Services)

    (Our Warranties and Disclaimers)

    (Indemnity)

    (easynav-rk / rtk-network)

    (Liability for our Services)

    (Effect of Termination)

    (Survival) and 15-18 (Miscellaneous)


14 – Our Warranties and Disclaimers

We provide our Products and Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Products.

​OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER Easynav.xyz gmbh NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE PRODUCTS OR SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE PRODUCTS OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

15 – Liability for our PRODUCTS AND Services

WHEN PERMITTED BY LAW, Easynav.xyz gmbh, AND Easynav.xyz gmbh’s SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

​TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Easynav.xyz gmbh, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE PRODUCTS AND/OR SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

​IN ALL CASES, Easynav.xyz gmbh, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

16 – Indemnity

You agree to defend, indemnify, and hold Easynav.xyz gmbh and our affiliates, officers, agents, and employees harmless from and against any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees) made against us by any third party due to or arising out of your use of the Products or Service.


17 – Force Majeure

Easynav.xyz gmbh will not be liable for any failure or delay in the availability of the Product, Service or any other performance of its obligations under these Terms on account of strikes, shortages, riots, insurrection, pandemics, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause that is beyond Easynav.xyz gmbh’s reasonable control, including any failure of wireless cellular services provided by any third party in connection with your use of the Product or Service.

18 – Dispute Resolution

These Terms provide that all disputes between you and Easynav.xyz gmbh will be resolved by BINDING ARBITRATION. You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action.

19 – Business uses of our Products and Services

If you are using our Products or Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Easynav.xyz gmbh and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Products, Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney’s fees.
 
20 – About these Terms

These Terms provide that all disputes between you and Easynav.xyz gmbh will be resolved by BINDING ARBITRATION. You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action.


​We may modify these Terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these Terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should cancel your Easynav.xyz Account and discontinue your use of that Service.

These Terms control the relationship between Easynav.xyz gmbh and you. They do not create any third party beneficiary rights. If there is a conflict between these Terms and any additional terms, the additional terms will control for that conflict.


If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
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Contact Us


If you have questions about this Agreement or about Easynav.xyz GmbH, please visit our contact page or write to us at:

Easynav.xyz GmbH

Wiesengrundstrasse 8, CH-8805 Richterswil, Switzerland, info@easynav.xyz / Richterswil, switzerland 2024