Who We Are
This Cloud Services Agreement ("Agreement") is between:
Digipa S.R.L.
Piazza Giuseppe Grandi 7, 20129 Milano, Italy
Company Tax Code / VAT (CF/P.IVA): 10745180967
REA: MI-2553977
Email: support@dronedb.app
and the person or entity accepting these terms ("Customer" or "you").
Acceptance of Terms
By registering for an account on DroneDB Hub (https://hub.dronedb.app), using the DroneDB desktop application, or accessing any DroneDB services, you accept the terms of this Agreement. If you are acting on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms.
We may update this Agreement from time to time. We will notify you of material adverse changes at least 30 days before they take effect, either by email or a prominent notice on our site. Continued use of our services following such notification constitutes acceptance of the updated terms.
If you do not agree to these terms, please do not use our services.
Definitions
| Term | Definition |
|---|---|
| Hub | DroneDB Hub, the cloud platform at hub.dronedb.app, providing storage, processing, visualization, and sharing of geospatial data. |
| Site | The DroneDB website at dronedb.app, including marketing and documentation pages. |
| Desktop | The DroneDB desktop application, a standalone tool for managing and processing geospatial data locally. |
| Services | Collectively, the Hub, Desktop application, APIs, and any additional tools or features made available by Digipa. |
| Customer Content | Any files, data, metadata, maps, models, databases, or other materials you upload, create, process, or store through the Services. |
| Business Customer | A Customer acting in the course of trade, business, or profession, including corporations, partnerships, sole proprietors, nonprofits, and government entities. |
| Consumer | A natural person acting primarily for purposes outside their trade, business, craft, or profession. |
| Authorized User | A person who has been granted access to your account by you or your organization's administrator. |
| Plan | A monthly or annual subscription offering. Plans may include a free trial period. |
Accounts and Access
Registration
You must register for an account to access the Hub and paid features. During registration, you agree to provide accurate, current, and complete information. You are responsible for keeping your account information up to date.
Account Eligibility
You must be at least 18 years old to create an account on your own. Individuals under 18 may access the Services only as Authorized Users under an account controlled and supervised by a parent, legal guardian, school, or employer who accepts responsibility for that use and accepts these terms.
Credentials Security
You are responsible for maintaining the confidentiality of your account credentials, including passwords and API keys. API keys grant programmatic access to your account and should be treated with the same care as passwords. You agree not to share your credentials or API keys with unauthorized parties.
You must notify us immediately at support@dronedb.app if you suspect any unauthorized use of your account or credentials. We are not liable for losses arising from your failure to protect your credentials.
Organization Accounts
An organization account is owned and controlled by the Organization Owner who created the account or was designated as owner. The Organization Owner has full authority over all data stored under the organization, including the right to export, delete, or transfer any and all Customer Content regardless of which individual user uploaded it.
Organization administrators may be appointed by the Organization Owner and have the following authorities:
- Invite and remove members. Administrators can invite new users to join the organization and remove or suspend existing members.
- Manage permissions. Administrators can assign roles (e.g., editor, viewer, billing manager) and adjust user-level permissions.
- Export organization data. Administrators can export all Customer Content and metadata under the organization account, not limited to data they personally uploaded.
- Manage billing. Designated billing administrators can update payment methods, view invoices, and change subscription plans.
All administrative actions are logged and accessible to the Organization Owner and other administrators through the audit trail in account settings. The Organization Owner can reassign admin roles or revoke administrator privileges at any time. We rely on verified-admin instructions for organization-level changes (e.g., bulk user removal, data transfer), and we will not act on requests from non-designated members.
Services Description
What We Provide
DroneDB is a cloud platform for aerial and geospatial data management. The Services include:
- Cloud Storage & Processing: Upload, store, organize, and process geospatial data including images, orthophotos, digital elevation models, point clouds, 3D meshes and models, and vector files.
- Visualization & Sharing: Interactive maps, 3D viewers, and public link sharing (user-created shareable URLs).
- Desktop Application: Local tools for data management, processing, and integration with the Hub.
- API: Programmatic access to service features for integration with other tools and workflows.
- Geospatial Services: OGC-compatible services including WMS, WFS, WMTS, and WCS.
Plans and Free Trials
We offer Paid Plans (monthly or annual subscriptions) that include storage, processing capacity, and platform capabilities. New subscribers may be eligible for a free trial period on select plans, allowing you to evaluate the Services before your first charge. Trial terms, including duration and eligible plans, are published on the Site.
We reserve the right to add, modify, discontinue, or reprice plans with advance notice as described below.
Subscriptions and Billing
Automatic Renewal
Paid subscription plans automatically renew at the end of each billing cycle unless you cancel before the renewal date. You may cancel at any time through your account settings.
Cancellation
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access to your Plan features until that date.
Failed Payments
If a payment fails or is declined, we will retry the charge. If payment cannot be processed after a reasonable number of attempts:
- Grace Period: Your account enters a grace period during which your data is retained but processing capabilities may be temporarily suspended.
- Suspension: If payment is not resolved within the grace period, your account may be fully suspended.
- Termination: Persistent non-payment may result in account termination, subject to the data lifecycle described below.
Price Changes
We may adjust prices for existing or new subscriptions. For material price increases, we will provide at least 30 days' advance notice. If you do not accept the new price, you may cancel your subscription without penalty before the change takes effect. Price changes will not apply to the remainder of a prepaid billing term.
Consumers: If you are a Consumer and Digipa increases prices during a prepaid term, you have the right to cancel without penalty. See the Consumer Terms Schedule for additional protections.
Customer Content
Ownership
You retain all ownership rights and intellectual property in your Customer Content. We do not claim ownership of the data, images, models, or other materials you upload to the Services.
License to Digipa
To provide the Services, you grant Digipa a non-exclusive, worldwide, royalty-free license to:
Host, copy, transmit, index, transform, process, display, and otherwise use your Customer Content solely as necessary to deliver, maintain, improve, and operate the Services, including generating derived products (thumbnails, tiles, previews, previews, and processed outputs) and making them available to you and your Authorized Users.
This license:
- Is limited to what is necessary for service delivery.
- Does not include rights to use your Customer Content for marketing, advertising, or product development without your explicit consent.
- Does not include use for artificial intelligence training or model development unless you explicitly opt-in.
- Ends when your Customer Content is deleted from our systems, subject to a reasonable period to propagate deletions across backups and redundant copies.
Data Sharing
If you create public shareable links or configure OGC services with public access, the referenced content may be accessible to anyone with the link or service URL. You are responsible for the sharing settings you configure and for ensuring that publicly shared content does not infringe on the rights of third parties.
Confidentiality
Your private Customer Content remains confidential. Except as necessary to provide the Services, or as required by law, we will not disclose, access, or use your Customer Content.
Support Access: Our support personnel may access your Customer Content solely to diagnose and resolve technical issues you have reported. Such access is limited to authorized personnel who are bound by confidentiality obligations, and access is logged and auditable.
We implement reasonable technical and organizational measures to protect Customer Content, including encryption in transit, access controls, and secure infrastructure.
AI-Assisted Features
Where the Services include artificial intelligence ("AI") or machine learning-powered features, the following terms apply:
Opt-In Requirement
AI-assisted features are not enabled by default. You must explicitly opt in to use these features. You may disable AI-assisted features at any time through your account settings.
Provider and Data Location
AI-assisted features may use third-party AI providers. Where such providers process data outside the European Economic Area, appropriate transfer mechanisms (e.g., EU Standard Contractual Clauses) shall be in place. The identity of AI providers and their data processing locations will be disclosed in the relevant privacy documentation and subprocessor list.
Data Retention at AI Provider
Data transmitted to third-party AI providers shall be retained only as necessary for output generation. AI providers shall not use your Customer Content to train, improve, or develop their models unless you have given explicit, separate consent. To the extent data is temporarily cached during inference, it shall be subject to the provider's retention limits and deleted thereafter.
Probabilistic Outputs
Outputs generated by AI-assisted features are probabilistic and may contain errors or inaccuracies. Such outputs should be independently verified before reliance for professional, operational, or decision-making purposes. AI-generated outputs and recommendations will be clearly labeled to distinguish them from deterministically computed results.
Prohibition on High-Risk Decisions
AI-assisted features shall not be used for, nor shall their outputs form the sole basis of, decisions affecting human safety, structural integrity, environmental compliance, legal boundaries, or other safety-critical activities. Independent professional validation is required.
Data Protection Impact Assessment
Where AI-assisted features involve processing of personal data that presents a high risk to data subjects' rights and freedoms, a Data Protection Impact Assessment (DPIA) shall be conducted in accordance with Article 35 of the GDPR.
Accessibility
We are committed to ensuring digital accessibility for individuals with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards.
Conformance Status
The European Accessibility Act (Directive (EU) 2019/882) requires digital products and services offered to the public to be accessible. DroneDB Hub strives for conformance with WCAG 2.1 Level AA, which is aligned with the EN 301 549 standard referenced by the EAA.
As of August 2026, DroneDB Hub is partially conformant with WCAG 2.1 Level AA. Certain legacy pages and complex visualization components may not fully meet all success criteria. We are actively working to remediate identified barriers.
Accessibility Features
- Keyboard navigation support across the main interface
- Screen reader compatibility for core data management tasks
- Sufficient color contrast on key UI elements
- Alternative text for meaningful images
- Structured headings and semantic markup
European Accessibility Act (EAA) Compliance
The European Accessibility Act (Directive (EU) 2019/882) imposes accessibility requirements on certain digital products and services. Digipa monitors its obligations under the EAA and applicable exemptions, including the micro-enterprise exemption under Article 4(5) of Directive (EU) 2019/882, applying the definition in Commission Recommendation 2003/361/EC.
Accessibility Features for Hub Users
We implement the following features to support accessibility on the Hub platform:
- Keyboard Navigation: The primary navigation and core data management features are accessible via keyboard input.
- Screen Reader Support: Core data management tasks, including dataset browsing, file uploads, and metadata viewing, are designed to be compatible with screen readers.
- Visual Clarity: Sufficient color contrast is maintained on key UI elements, and meaningful images include alternative text descriptions.
- Structured Content: Pages and components use semantic markup, structured headings, and clear information hierarchy.
Feedback
We welcome your feedback on the accessibility of DroneDB Hub. Please let us know if you encounter accessibility barriers:
- Email: support@dronedb.app
- Address: Digipa S.R.L., Piazza Giuseppe Grandi 7, 20129 Milano, Italy
We try to respond to accessibility feedback within 5 business days.
Enforcement
The European Commission maintains a list of national accessibility enforcement bodies across EU member states. If you have concerns about DroneDB Hub's compliance with accessibility requirements, you may contact the Italian enforcement body.
Scope
This statement applies to the DroneDB Hub web application at https://hub.dronedb.app and the DroneDB website at https://dronedb.app. It does not apply to the DroneDB Desktop application or third-party services linked from the Hub.
Geospatial Responsibilities
Lawful Data Collection
You are responsible for ensuring that your data collection activities comply with all applicable laws and regulations, including but not limited to:
- Aviation and drone flight regulations
- Privacy and data protection laws (including GDPR where applicable)
- Surveillance and monitoring restrictions
- Land access and property rights
Prohibited Uses
You agree not to use the Services for:
- Unlawful surveillance, stalking, or doxxing of individuals
- Generating or sharing content that violates privacy rights
- Activities that endanger persons or property
- Any other unlawful purpose
Safety-Critical Disclaimer
The Services are provided as tools for data management and visualization. They are not a substitute for professional surveying, navigation, engineering, or other safety-critical activities. Decision-making that affects human safety, structural integrity, environmental compliance, or legal boundaries should be validated by qualified professionals using appropriate methodologies and equipment. Digipa is not liable for decisions made solely on the basis of data processed or visualized through the Services.
Data Portability and Switching
In accordance with the European Union Data Act (Regulation (EU) 2023/2854):
Right to Switch
You have the right to switch from our Services to those of another provider, or to your own infrastructure, in a prompt manner.
Notice and Timeframes
- Notice Period: The maximum notice period for switching is 2 months. We will cooperate in good faith to meet shorter timeframes where technically feasible.
- Transitional Period: We will provide a transitional period of up to 30 days where our contract and the switched-to provider's contract run concurrently, to facilitate data transfer.
- Post-Switch Retrieval: After your account is closed, you may retrieve your Customer Content for 30 days, as described in the Data Lifecycle section below.
Export Formats
We will export your Customer Content in its original file format or as a ZIP archive containing all associated files. These formats are commonly used, machine-readable, and allow for effective use by you or another provider.
An online register of available export formats is published on the Site at dronedb.app.
Switching Charges
In accordance with Article 29 of the EU Data Act (Regulation (EU) 2022/868), from 11 January 2024 until 12 January 2027 we may apply only reduced switching charges strictly limited to the direct costs of the switching process. From 12 January 2027, we will not impose any switching charges on you for switching to another provider or to your own infrastructure.
Data Lifecycle
Your Customer Content follows this lifecycle:
Active
While your account is active and in good standing, your Customer Content is stored and accessible through the Services.
Retrieval
Upon account cancellation or termination, your account enters a 30-day retrieval period. During this period:
- Your Customer Content remains stored and accessible for download.
- Processing and sharing features may be limited.
- You may restore your account by resolving the reason for termination (e.g., completing an overdue payment).
Deletion
After the 30-day retrieval period expires, your Customer Content will be scheduled for deletion from our active systems.
Backup Aging
Our backup systems operate on a replication and aging schedule. Deleted data may persist in backups for a limited additional period until those backups are themselves aged out and replaced. We do not restore deleted Customer Content from backups unless required by a legal obligation.
Recommendation: You should maintain your own backups of critical Customer Content. The Services are a tool for data management, not a long-term archival solution.
Service Reliability
Service Uptime Commitment
We aim for a platform Service Uptime of 99.5% per calendar month, measured as the percentage of time the Hub API and web interface are responsive to authenticated requests, excluding Scheduled Maintenance and Excluded Events.
Excluded Events include force majeure events, DDoS attacks exceeding our mitigation capacity, failures caused by your own systems or third-party software not provided by us, and periods during which you fail to maintain required plan payments.
Scheduled Maintenance windows will be communicated at least 48 hours in advance wherever practicable and will not count against Uptime.
Support Response Times
| Severity | Description | Initial Response | Target Resolution |
|---|---|---|---|
| P1 — Critical | Platform fully unavailable for authenticated users | 2 hours | 8 hours |
| P2 — High | Major feature impaired; no workarounds available | 4 hours | 24 hours |
| P3 — Moderate | Feature impaired but workarounds exist | 1 business day | 3 business days |
| P4 — Low | Cosmetic issue, question, or feature request | 3 business days | No SLA commitment |
Response times are measured from notification via support@dronedb.app or the in-app support form.
Service Credits
Where Service Uptime falls below the target in a calendar month, the following service credit applies to your next billing cycle:
| Monthly Uptime | Credit (% of monthly fee) |
|---|---|
| Below 99.0% | 25% |
| 99.0% through 99.49% | 10% |
| 99.5% and above | No credit |
To request a service credit, notify us within 30 days of the end of the qualifying month. Service credits are the sole and exclusive remedy for service availability shortfalls, to the exclusion of all other remedies for this specific obligation.
Warranties
Digipa's Warranties
To the extent permitted by applicable law, Digipa warrants that:
- Authority: Digipa has the legal authority to enter into and perform its obligations under this Agreement.
- Reasonable Skill and Care: The Services will be performed with reasonable skill and care in accordance with generally accepted industry standards for cloud-based geospatial data management platforms.
- Material Conformity: The Services will materially conform to the description and functional specifications published on the Site and in the Plan details applicable to your subscription, for a period of 12 months from the date of first provision.
- No Malicious Code: The Services will not, to Digipa's knowledge, contain any code intended to adversely affect unauthorized access, destruction, or data breaches.
- Compliance with Law: Digipa will comply with the laws and regulations applicable to its performance of this Agreement.
Beta and Preview Features
Features labeled as "BETA," "PREVIEW," or similar designations are provided for evaluation purposes and may have reduced functionality, performance, reliability, or security compared to generally available features. Digipa may discontinue Beta or Preview Features without advance notice. Warranties and service commitments applicable to generally available features do not apply to Beta or Preview Features to the fullest extent permitted by law.
Third-Party Components
The DroneDB platform uses open-source and third-party software components. Such components are governed by their respective license terms and are provided to you "AS IS" in accordance with those licenses.
Consumer Rights
If you are a Consumer, your statutory rights under mandatory consumer law cannot be limited by this section. The Consumer Terms Schedule contains additional consumer-protection warranties including the Digital Service Conformity obligations under Directive (EU) 2019/770.
Disclaimer
EXCEPT FOR THE EXPRESS WARRANTIES SET OUT IN THIS SECTION AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT ACCESSED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DIGIPA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
Backups
We perform daily incremental backups of the Hub using Borg backup software. Backups are stored in a private cloud storage environment.
While we maintain backups to protect against data loss and enable system recovery, you should maintain your own independent backups of critical Customer Content. Our backup infrastructure is designed for disaster recovery of the platform, not as a substitute for your own data protection strategy.
Suspension and Termination
Suspension by Digipa
We may suspend your access to all or part of the Services for the following reasons:
- Breach: Material breach of this Agreement or the Acceptable Use Policy, subject to a cure period as described below.
- Non-payment: As described in the Subscriptions and Billing section.
- Risk: We may suspend access immediately without prior notice if we detect fraud, abuse, illegal activity, conduct that poses a security risk, or activity adversely impacting the Services or other users.
Cure Period
For curable breaches, we will provide notice identifying the breach and a minimum of 14 days to cure before suspending your access. If the breach involves an ongoing risk of harm to the Services or other users, we may suspend immediately and provide notice post-facto.
Proportionality
Where suspension is warranted, we will apply the most proportionate measure:
- Narrow Scope: We will restrict only the affected dataset, sharing link, or user rather than suspending the entire account, where feasible.
- Read-Only Mode: Where full suspension would cause disproportionate harm to your operations, we may place your account in read-only mode preserving data access and export capability while limiting processing and sharing features.
- Data Preservation: Suspension shall not affect your ability to export and download your Customer Content. Export access will be preserved during the suspension period.
- Review and Escalation: We will provide a reason for the suspension and an escalation channel. You may submit an appeal for review at support@dronedb.app.
Termination by Digipa
We may terminate your account for:
- Material Breach: Breach of this Agreement that remains uncured after the cure period.
- Persistent Non-Payment: Continued failure to resolve payment issues after the grace period has expired.
- Repeated Violations: Repeated or serious violations of this Agreement, the Acceptable Use Policy, or applicable law.
- Service Discontinuation: If we discontinue the Services or a material component thereof, we will provide at least 30 days' advance notice.
Termination Without Cause
We may terminate this Agreement without cause by providing at least 30 days' advance notice for paid subscribers. Enterprise customers will receive 60–90 days' advance notice where such terms have been agreed. Upon termination without cause, we will provide:
- Pro-rata refund for any prepaid but unused portion of your subscription.
- 30-day export preservation: Your Customer Content will remain accessible for download following termination.
Termination by Customer
You may cancel your subscription or close your account at any time through your account settings or by contacting support at support@dronedb.app. No cancellation penalty applies. Cancellation takes effect at the end of the current billing period.
Effect of Termination
Upon termination:
- Your access to processing and sharing features ceases immediately.
- You enter the 30-day retrieval period to download your Customer Content.
- After 30 days, your Customer Content is scheduled for deletion from active systems, subject to backup aging schedules as described in the Data Lifecycle section.
The following provisions shall survive termination: Customer Content ownership and license limitations, Data Portability and Switching, Data Lifecycle, Intellectual Property, Liability, Indemnity, Governing Law and Jurisdiction, changes to terms, and any other provisions by their nature intended to survive.
Intellectual Property
DroneDB Software
The DroneDB platform, including the Hub, Desktop application, software, interfaces, logos, branding, and all associated intellectual property rights, are owned by Digipa S.R.L. and its licensors. You may not copy, modify, distribute, reverse-engineer, or create derivative works of the Services except as expressly permitted by this Agreement.
Open-Source Components
The DroneDB platform is predominantly open-source. The following projects are fully open-source and available on GitHub:
- DroneDB (C++ core library and desktop application): https://github.com/DroneDB/DroneDB
- Registry (.NET backend): https://github.com/DroneDB/Registry
- Hub (community portal): https://github.com/DroneDB/Hub
All open-source components are governed by their respective license terms, which are available in their source code repositories. The sole exception is the source code of the DroneDB marketing website (dronedb.app), which remains proprietary.
Customer Content
As stated above, you retain all rights to your Customer Content. We do not acquire any intellectual property rights in your data beyond the limited license necessary to provide the Services.
Liability - Business Customers
This section applies to Business Customers. Consumers should refer to the Consumer Terms Schedule.
Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGIPA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF EUR 500 OR THE FEES PAID BY THE BUSINESS CUSTOMER TO DIGIPA IN THE 12 MONTHS PRECEDING THE CLAIM.
Exclusion of Consequential Damages
IN NO EVENT SHALL DIGIPA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF DIGIPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Severability
If the liability limitations in this section are found to be unenforceable or invalid under applicable law, the statutory liability limitations under Italian law shall apply in their place. The remainder of this Agreement shall continue in full force and effect.
Indemnity (Business Customers)
This section applies to Business Customers only. Consumers should refer to the Consumer Terms Schedule.
Customer Indemnity Obligations
You agree to indemnify, defend, and hold harmless Digipa S.R.L., its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, expenses, and costs (including reasonable legal fees) arising out of or relating to:
- Customer Content IP Claims: Any claim by a third party arising from Customer Content uploaded by you or your Authorized Users, including claims that such content infringes any intellectual property right, trademark, publicity right, or other proprietary right of any third party.
- Unlawful Instructions: Any claim arising from your submission of instructions to the Services that violate applicable law, regulation, or any third-party right, including Aviation Authority regulations, data protection law, or zoning and land-access restrictions.
- Privacy and Aviation Law Violations: Any claim arising from your failure to comply with applicable privacy legislation (including GDPR), aviation or drone flight regulations, surveillance and monitoring restrictions, or land-access and property laws in connection with your data collection or processing activities.
- Malicious Use: Any claim arising from the use of the Services in violation of this Agreement or our Acceptable Use Policy, including unauthorized access attempts, fraud, abuse, activities that endanger persons or property, or actions intended to disrupt or compromise the Services.
Indemnity Procedure
- Prompt Notice: Digipa shall notify you promptly upon becoming aware of any claim for which indemnification may be sought.
- Defense Control: Digipa shall have the sole right to control the defense or settlement of any claim, including the selection of counsel. You shall cooperate in good faith with Digipa's defense.
- Settlement Restrictions: Digipa shall not enter into any settlement that admits fault or liability on the part of Digipa or requires Digipa to make a continuing payment without your prior written consent, which shall not be unreasonably withheld.
- Cooperation: You agree to provide reasonable assistance and information as requested by Digipa in connection with any claim.
Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent caused by circumstances beyond its reasonable control, including but not limited to:
- Natural disasters: Earthquakes, floods, storms, fires, epidemics, and similar events.
- War and terrorism: War, armed conflict, threats of war, terrorism, or civil unrest.
- Government action: Changes in law or regulation, export controls, sanctions, or actions by governmental authorities.
- Infrastructure failures: Widespread telecommunications or internet failures, hosting provider outages, or cloud infrastructure disruptions beyond Digipa's control.
- Third-party provider failures: Material failure of essential third-party services upon which the Services depend.
The following are not force majeure events: routine maintenance, staffing shortages, foreseeable demand increases, or the failure of Digipa's internal backup power, cooling, or network redundancy.
A party affected by a force majeure event shall:
- Notify the other party of the event and its expected duration as soon as reasonably practicable.
- Use reasonable endeavors to mitigate the impact and resume performance of its obligations.
If the force majeure event persists for more than 60 days, the affected party may terminate this Agreement upon written notice. In the event of termination, Digipa shall take no longer than is reasonably necessary to complete the data lifecycle obligations under the Data Lifecycle section, including the 30-day retrieval period and export preservation.
Consumer Rights
If you are a Consumer, the Consumer Terms Schedule applies in addition to this Agreement. Where the Consumer Terms Schedule conflicts with this Agreement, the Consumer Terms Schedule prevails to the extent required by mandatory consumer protection law.
No provision of this Agreement shall limit or exclude any right or protection that cannot lawfully be limited under the Italian Consumer Code (Legislative Decree no. 206/2005) or other mandatory consumer law applicable to you.
Changes to Terms
We may revise this Agreement from time to time. How changes are communicated depends on their nature:
- Material Adverse Changes (changes that significantly affect your rights or obligations): We will provide at least 30 days' advance notice via email or a prominent notice on the Site. If you continue to use the Services after the notice period expires, you accept the revised terms. If you do not accept the changes, you may cancel your subscription before the effective date.
- Non-Material Changes (clarifications, corrections, formatting, or minor updates): Posting the revised Agreement on the Site is sufficient notice.
The "Last Updated" date at the top of this document reflects the most recent revision.
Governing Law and Jurisdiction
This Agreement is governed by the laws of Italy, excluding its conflict of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Business Customers
FOR BUSINESS CUSTOMERS, ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE EXCLUSIVELY SUBJECT TO THE JURISDICTION OF THE COURTS OF MILAN, ITALY.
Consumers
Nothing in this Agreement limits a Consumer's right to bring proceedings in the courts of their habitual residence, as provided for under Regulation (EU) No 1215/2012 (Brussels I bis), Article 17, and mandatory provisions of the Italian Consumer Code. Consumers retain all rights conferred by applicable mandatory consumer protection laws.
Assignment
Neither party may assign, transfer, or subcontract its rights or obligations under this Agreement without the prior written consent of the other party, except that either party may assign its rights and obligations without consent to:
- Affiliates: An affiliate, provided the assigning party remains jointly liable for performance for a period of 90 days following the assignment.
- Merger or Acquisition: In connection with a merger, acquisition, sale of all or substantially all assets, or reorganization, provided the assignee assumes all obligations under this Agreement in writing.
The assigning party shall provide the other party with advance written notice of any permitted assignment, including the identity of the assignee, the nature of the transaction, and the effective date. No assignment shall relieve the assigning party of its obligations for a period of 90 days following the assignment.
Neither party may sublicense or transfer access to the Services to third parties except as expressly permitted by this Agreement (e.g., Authorized Users within an Organization account).
Notices
Legal Notices
Where a provision of this Agreement requires one party to give notice to the other (including notices of termination, suspension, or other material communications), such notice shall be given by:
- Electronic mail: Sent to the email address associated with the Customer's account (for notices from Digipa) or to support@dronedb.app (for notices from Customer).
- PEC / Registered Mail: For notices that must be sent by registered or certified mail under applicable law, Digipa's PEC address is digipa.srl@legalmail.it. Mailed notices shall be sent to Piazza Giuseppe Grandi 7, 20129 Milano, Italy.
Operational Notices
Non-material operational notices (e.g., service updates, maintenance notifications, non-material term changes) may be communicated via email, in-app/dashboard notification, or by posting on the Site.
Customer Responsibility
You are responsible for maintaining current contact information, including your email address. Notices sent to outdated contact information shall be deemed given.
Deemed Receipt
- Electronic mail: Deemed given 2 business days after the notice is sent.
- PEC / Registered Mail: Deemed given on the date of posting or in accordance with applicable statutory presumption of receipt.
- In-app / Dashboard: Deemed given on the date posted, provided the Customer account has been active (logged in) within the preceding 30 days.
Special Notices
Material changes to these Terms and material changes to the Data Processing Addendum subprocessor list shall be communicated by electronic mail. Where notice is given by email, a 30-day period prior to the effective date shall be provided.
Questions? Contact us at support@dronedb.app.