Terms & Conditions

Terms as of July 30, 2026

These terms and conditions apply to all pilots worldwide outside the USA — regardless of where missions are performed. The German version is authoritative and legally binding; this English version is a non-binding convenience translation.

For pilots residing or established in the USA (including all territories) and for missions in the USA, the U.S. Pilot Terms of FairFleet, Inc., a Delaware corporation, apply exclusively.

Preliminary Note

The following terms and conditions govern the use of the Platform (see below) by pilots. "Pilot" means all external subcontractors who register on the FairFleet Platform, whether or not they are drone pilots. Please read these terms and conditions carefully. Your acknowledgment and acceptance are a prerequisite for using the Platform. The terms and conditions can be saved and printed via your browser.

1. Scope of Application

1.1 The business relationship between FairFleet GmbH, Gotzinger Str. 48, 81371 Munich, Germany, registered with the Local Court (Amtsgericht) of Munich under HRB 239862, VAT ID DE317399447, represented by its managing directors Alexander Engelfried and Marco Kreuzer ("FairFleet"), and you as a registered user ("Pilot") is governed exclusively by the following terms and conditions. Deviating general terms and conditions or payment terms of the Pilot are not recognized, even if FairFleet does not expressly object to their inclusion.

1.2 These terms and conditions apply to all Pilots residing or established outside the United States of America who do not perform assignments in the United States. For Pilots residing or established in the United States (including the District of Columbia and all territories and possessions of the USA), and for the performance of assignments in the United States, the U.S. Pilot Terms of FairFleet, Inc., a company organized under the laws of the State of Delaware (Part B of this document), apply exclusively; these terms and conditions do not apply in that respect. In that case, the sole contracting party is FairFleet, Inc.; FairFleet GmbH does not become a party to the contract.

2. Platform

2.1 Use of the Platform

2.1.1 FairFleet operates the website at fairfleet360.com / fairfleet.com (and, where applicable, further alias or top-level domains; hereinafter the "Website") and, where applicable, associated mobile apps ("Apps"; Website and Apps together hereinafter the "Platform"). Via the Platform, customers can commission FairFleet with the creation and, where applicable, processing of aerial imagery/data ("Aerial Imagery") by drones. In addition, further software and platform functions can be used via FairFleet+ or FairFleet INSPECT for corresponding fees. Pilots receive requests for assignments via the Platform which they can accept. FairFleet provides all relevant information for the performance of assignments via the Platform. After completion of an assignment, the Pilot shares the results, including the created Aerial Imagery/data, with FairFleet via the Platform.

2.1.2 FairFleet either performs the data capture itself or commissions independent, commercial subcontractors.

2.2 Conclusion of the Usage Agreement

2.2.1 Use of the Platform requires the conclusion of a usage agreement between FairFleet and the Pilot on the basis of these terms and conditions (the "Usage Agreement"). There is no entitlement to the conclusion of a Usage Agreement.

2.2.2 Conclusion of the Usage Agreement requires that the Pilot is an entrepreneur, i.e. acting in the exercise of his commercial or independent professional activity (Section 14 (1) of the German Civil Code, BGB). He must therefore also state his VAT ID when submitting his offer (Clause 2.2.4). If the Pilot is a small business (Kleinunternehmer) pursuant to Section 19 of the German VAT Act (UStG) or has no VAT ID for other reasons, he may alternatively submit a written declaration that he does not require a VAT ID. FairFleet reserves the right to request suitable evidence in such cases.

2.2.3 The Usage Agreement is concluded by offer and acceptance in two stages as follows:

2.2.4 The Pilot enters the registration data to be transmitted to FairFleet into the form provided on the Platform and, by ticking the corresponding boxes, agrees to these terms and conditions and the privacy policy. By clicking the corresponding button, the Pilot then submits his offer to conclude a restricted (see Clause 2.2.6) Usage Agreement via the Platform. The Pilot remains bound by the offer until receipt of FairFleet's acceptance pursuant to Clause 2.2.5, but for no longer than two weeks from dispatch of his offer.

2.2.5 FairFleet informs the Pilot without undue delay by e-mail of the receipt of his offer and attaches the current terms and conditions and the privacy policy to this information e-mail. This e-mail serves exclusively to confirm receipt of the offer and does not yet constitute its acceptance. The Usage Agreement is concluded only by a separate declaration of acceptance by FairFleet. Acceptance may be declared expressly by e-mail or implied, for example by activating the Pilot for use of the Platform interface (see Clause 2.2.6).

2.2.6 In order to be able to submit offers for the conclusion of Aerial Imagery Contracts (Clause 3.3), the Pilot must first conclude an unrestricted Usage Agreement with FairFleet. This agreement is concluded by the Pilot's offer and FairFleet's acceptance as follows:

(1) The Pilot submits the required documents via the Platform, comprising the authorization to conduct commercial drone flights and proof of valid liability insurance (minimum coverage of EUR 1,000,000 or 750,000 SDR for personal injury and/or property damage per insured event).

(2) FairFleet reviews the submitted documents and reserves the right to request additional documents where needed, including the presentation and upload of a photo ID in order to verify the Pilot's identity. This measure is taken in the context of customer requirements and for security reasons. FairFleet may also have the identity verification performed by designated third parties (verification service providers) and may, where needed — in particular due to customer-specific requirements — request the submission of a current certificate of conduct (criminal record extract).

(3) FairFleet may accept the Pilot's offer either expressly by a declaration of acceptance or implicitly by activating unrestricted access to the Platform.

The unrestricted Usage Agreement entitles the Pilot to submit offers for Aerial Imagery Contracts.

2.2.7 FairFleet informs the Pilot without undue delay of the receipt of his offer. Clause 2.2.5 applies accordingly.

2.2.8 If the Pilot is a natural person, he must, when submitting his offer pursuant to Clause 2.2.4 or 2.2.6, have reached the minimum age required in his country of residence, but in any event have attained the age of 18.

2.2.9 If the Pilot is a legal entity, the offer pursuant to Clause 2.2.4 or 2.2.6 may only be submitted by a number of natural persons authorized to represent it, who must be identified by name.

2.3 Use, Usage Rights, Termination, No Circumvention

2.3.1 The following provisions apply to both the restricted and the unrestricted Usage Agreement.

2.3.2 The Pilot owes FairFleet no remuneration for use of the Platform. Additional services going beyond mere use of the Platform may be subject to charges and will be agreed individually.

2.3.3 The Pilot must keep his registration data up to date at all times. For this purpose, he can edit his profile and master data on the Platform.

2.3.4 The Pilot must keep his access credentials to the Platform, in particular his password, secret. He is obliged to inform FairFleet immediately if he has indications of misuse of his access credentials.

2.3.5 The Pilot is aware that an internet platform such as this one is a dynamic offering and that FairFleet must be able to adapt the services offered via the Platform at any time. FairFleet is therefore entitled to modify the services provided via the Platform, in particular where this is required for legal, economic, or operational reasons.

2.3.6 FairFleet endeavors to keep the Platform available without interruption and to transmit data without errors. Due to the nature of the internet, however, FairFleet cannot guarantee unrestricted access to the Platform at all times. For technical reasons (e.g. maintenance work) or due to force majeure (e.g. power failure), access may be interrupted or restricted at short notice and without prior announcement.

2.3.7 The Pilot is prohibited from posting content on the Platform that violates statutory provisions. It is clarified that this may also include the relevant statutory provisions of his non-German country of residence.

2.3.8 The Pilot is further prohibited from posting content that infringes third-party rights, in particular copyrights, trademarks, or personality rights. FairFleet reserves the right to block such content immediately upon becoming aware of it.

2.3.9 The Pilot must ensure that the information and data he posts on the Platform are free of viruses, worms, or Trojan horses.

2.3.10 The Pilot shall indemnify FairFleet against all claims asserted by third parties against FairFleet for the reasons set out in Clauses 2.3.4 to 2.3.9.

2.3.11 With respect to content — for example texts, photographs, graphics, or other data — that the Pilot uploads to the Platform, the Pilot grants FairFleet, at the time of upload, a non-exclusive right of use, unlimited in time and territory, transferable and sublicensable, free of charge, for the purposes of the Platform, in particular

for reproduction and distribution in all analog and digital media and systems, including reception by stationary and mobile devices;

for storage and retrievability in electronic databases (including those of search engines) and data networks, irrespective of the technology used;

in each case irrespective of the purpose of use, in particular also for FairFleet's marketing purposes. The granted rights of use also include the right to edit the content, in particular so that it can be suitably displayed on mobile devices (e.g. smartphones and tablets).

2.3.12 It is clarified that FairFleet does not grant the Pilot any rights of use in protected works and other intellectual property of the Platform. The Usage Agreement therefore does not entitle the Pilot, for example, to use photographs or trademarks displayed on the Platform.

2.3.13 The Usage Agreement is concluded for an indefinite period. It may be terminated by either party at any time, including without good cause. It is clarified that Aerial Imagery Contracts (Clause 3) concluded before termination of this Usage Agreement will still be performed in accordance with these terms and conditions. It is further clarified that the conclusion of the Usage Agreement does not oblige the Pilot to conclude Aerial Imagery Contracts (Clause 3) with FairFleet.

2.3.14 To be effective, a termination must be in text form; e-mail or the function provided on the website is sufficient. Personal data will be deleted promptly following termination, unless its storage remains necessary for legal reasons or due to other statutory provisions or contractual arrangements with customers; in that case, the data concerned will be stored in accordance with the applicable provisions.

2.3.15 The Pilot must refrain from circumventing the Platform, in particular by attempting to conclude side agreements or Aerial Imagery Contracts directly with FairFleet customers. FairFleet reserves the right to assert recourse claims in the event of such side agreements. Upon FairFleet's request, the Pilot must demonstrate that no circumvention of the Platform has taken place.

2.3.16 The Pilot is obliged to notify FairFleet without undue delay of any change in his authorization to conduct commercial drone flights. If he loses this authorization, he may no longer submit offers. Reference is made to Clause 3.3.5.

2.3.17 The Apps may — in accordance with the Pilot's device settings — collect the Pilot's location data and transmit it to FairFleet, in particular for the assignment of nearby jobs, for the coordination and verification of assignment performance, and for safety reasons. The Pilot expressly consents to such location tracking while using the Apps and while performing assignments. Collection can be disabled at any time via the device settings; in that case, certain functions (e.g. location-based job assignment) may not be available. Where FairFleet is obliged for safety or legal reasons, or required by customer or regulatory specifications, to record location information during the flight, activating location sharing — and, where necessary, camera access — in the App forms part of the assignment; the Pilot shall ensure that these functions are activated on his mobile device throughout performance. Details are set out in the privacy policy.

2.4 Suspension / Downgrade to Restricted Usage Agreement

2.4.1 FairFleet is entitled to suspend the Pilot's profile and his access to the Platform if and as long as there are concrete indications that the Pilot is not, or not sufficiently, complying with his obligations under this Usage Agreement.

2.4.2 FairFleet is further entitled to reduce its services to the level of the restricted Usage Agreement (Clause 2.2.6) for a reasonable period to be determined by FairFleet if FairFleet determines that the Pilot has breached essential obligations under these terms and conditions. Essential obligations are in particular those capable of shaking FairFleet's trust in the Pilot's integrity (e.g. breach of the non-circumvention obligation, Clause 2.3.15) and safety-related obligations (e.g. the obligation to maintain liability insurance, Clause 3.5.1).

3. Aerial Imagery Contract

3.1 General

3.1.1 The Pilot acts as an independent entrepreneur. Within the scope of the Aerial Imagery Contract, he is free to determine his activity and business hours and procures the necessary equipment himself.

3.1.2 The Pilot is in no way prevented from also working for third parties. Reference is made to Clause 2.3.15.

3.1.3 "Aerial Imagery" broadly means the capture of data of any kind, the processing of data, or the making available of data.

3.2 Subject Matter of the Contract

The subject matter of the Aerial Imagery Contract is the capture, making available, or processing of data.

3.3 Conclusion of the Aerial Imagery Contract

3.3.1 The offers on the Platform are non-binding.

3.3.2 The contract for the performance of a drone flight for the creation of Aerial Imagery/data (the "Aerial Imagery Contract") is concluded by offer and acceptance pursuant to Clauses 3.3.3 et seq. below.

3.3.3 The Pilot can view requests for the creation, processing, or making available of Aerial Imagery/data on the Platform interface or smartphone app accessible to him. The viewable requests do not yet constitute an offer by FairFleet to the Pilot to conclude an Aerial Imagery Contract, but merely an "invitatio ad offerendum" by which FairFleet merely signals its general willingness to conclude an Aerial Imagery Contract with the Pilot.

3.3.4 The Pilot may submit an offer to FairFleet to conclude an Aerial Imagery Contract for one or more of these requests, i.e. communicate via the Platform the net price at which he is willing to create the requested Aerial Imagery/data or, in the case of a fixed-price request, that he is willing to create the requested Aerial Imagery/data at the requested fixed price. The Pilot is bound by his offer for 30 days after submission. The Pilot is aware that the offer includes all costs necessary for performance (such as travel costs, logistics costs, etc.).

3.3.5 The Pilot may only submit offers pursuant to Clause 3.3.4 if he fulfills all statutory and regulatory requirements for the performance of the drone flight. In particular, the Pilot is not entitled to submit an offer if, at the time of the intended submission, the required authorization under the aviation law applicable at the place of operation (in the EU, in particular registration as a UAS operator, the required certificate of competency or remote pilot certificate, and any operational authorizations under Implementing Regulation (EU) 2019/947; outside the EU, the registrations, licenses, and permits required there) and liability insurance (cf. Clauses 2.2.6 and 3.5.1) are no longer in place.

3.3.6 Offers pursuant to Clause 3.3.4 may only be submitted by Pilots holding an unrestricted Usage Agreement (Clause 2.2.6); full registration is a prerequisite for submitting offers and performing flights. FairFleet confirms receipt of the offer without undue delay. The confirmation of receipt does not constitute acceptance; the Aerial Imagery Contract is concluded only upon a separate declaration of acceptance by FairFleet (by e-mail or in another manner). Clause 2.2.5 applies accordingly.

3.3.7 Upon FairFleet's declaration of acceptance of the Pilot's offer, the Aerial Imagery Contract is concluded between the parties.

3.3.8 Any coordination between the parties still necessary for the performance of the drone flight — for example the arrangement of dates for a site visit — does not prevent the conclusion of the contract; Section 154 (1) BGB is excluded.

3.3.9 Clauses 2.2.8 and 2.2.9 apply accordingly to the conclusion of the Aerial Imagery Contract.

3.4 Performance Deadlines

3.4.1 If the Pilot culpably fails to meet agreed deadlines, he is liable to FairFleet for the damage FairFleet incurs as a result. The Pilot must appear at the agreed address at the time agreed with FairFleet. If the Pilot does not appear at the agreed time or cancels less than 48 hours before the agreed time, the Pilot must bear the costs incurred by FairFleet in engaging a suitable replacement pilot.

3.4.2 FairFleet reserves the right to change agreed dates. FairFleet will inform the Pilot thereof in good time in advance.

3.4.3 If the Pilot is unable to meet an agreed date due to a delay and this gives rise to a damage claim by the customer, the Pilot is liable for damages. The Pilot is obliged to inform FairFleet immediately of any delay.

3.5 Obligations of the Pilot

3.5.1 The Pilot is obliged to maintain the insurance required for the performance of commercial drone flights, in particular liability insurance. The liability insurance must provide the statutory minimum coverage, but in any event a coverage of at least EUR 1,000,000 or 750,000 SDR. Without such insurance, he may not submit offers or perform drone flights.

3.5.2 When performing the commissioned drone flight, the Pilot is obliged to comply with the relevant local laws, in particular on data protection and personality rights, aviation law, other public law (e.g. with regard to any special-use permits required), and criminal law (in Germany, for example, Section 109g (2) of the German Criminal Code, StGB), as well as any regulatory requirements. The Pilot must also observe all guidelines, registrations, and codes to be complied with under his authorization to conduct commercial drone flights. Where FairFleet voluntarily offers certain assistance on the Platform — for example access to services displaying no-fly zones — this does not release the Pilot from the obligations described above. FairFleet reserves the right to provide the Pilot with pre-planned drone flight plans for automated drone missions. However, the Pilot is in any event obliged to comprehensively and independently review these pre-planned missions for their correctness and feasibility, in particular with regard to the safe and lawful performance of drone flights. If the Pilot determines that the pre-planned mission cannot be implemented as intended, he is obliged to inform FairFleet without undue delay, at the latest before commencing the flight. The final responsibility for the safe and legally compliant performance of the flight always rests with the Pilot. Any damage arising in connection with a pre-planned mission does not give rise to any liability claims against FairFleet. Claims resulting from any defects or errors in the pre-planned mission must be directed exclusively to the manufacturer of the flight-planning software used. FairFleet assumes no warranty in this respect. FairFleet may require the Pilot to use flight-mission or flight-planning software designated by FairFleet for assignments. The required use of such software does not release the Pilot from his obligations above and does not shift any responsibility to FairFleet; FairFleet assumes no liability for errors or accidents caused by errors of such software, and claims must be directed exclusively to the software manufacturer. The Pilot remains solely responsible for the safe performance of the flights.

3.5.3 The Pilot is obliged to perform his services fully in accordance with the request, in the agreed quality, the agreed number of captures, and within the agreed performance period. This includes the capture of the commissioned imagery and the complete, gap-free transfer of the data to the FairFleet Platform. FairFleet is entitled to withhold payment as long as the service has not been rendered completely as agreed, including quality, number, and performance period.

3.5.4 The Pilot is obliged to upload the created Aerial Imagery/data and, upon request, all flight logs exclusively to the Platform no later than 12 hours after completion of the drone flight, unless otherwise agreed. Completion of the upload must be notified to FairFleet without undue delay. Possible deviations from the agreed scope of services or problems arising must be reported immediately, as otherwise full assumption of the costs by FairFleet cannot be guaranteed. The Pilot shall ensure that the Aerial Imagery/data is mandatorily captured, stored, and transported on an encrypted SD card or other encrypted storage media.

3.5.5 The Pilot is obliged to completely and permanently delete all data of the assignment within two weeks after acceptance of the uploaded Aerial Imagery/data. This also applies to contact details (telephone numbers, e-mail addresses, etc.) of contact persons, project managers, or other third parties whose contact information was transmitted to the Pilot solely for the performance of the project. FairFleet is also entitled to request a written confirmation from the Pilot where applicable. In addition, FairFleet is entitled to verify compliance with the deletion obligation by way of an audit. FairFleet will announce the audit in writing 45 days in advance. The Pilot undertakes to assist in the audit by FairFleet or an independent expert (the "Auditor"), to support the Auditor to a reasonable extent, and to grant the Auditor sufficient access to information.

3.5.6 Clause 3.11.3 applies to the use of customer names as references and to the publication of information or recordings relating to the assignment.

3.5.7 FairFleet reserves the right to require the Pilot, for each assignment, to wear clothing or equipment bearing logos of FairFleet (and all associated brands) or of customers. The Pilot is obliged to wear the clothing or equipment provided by FairFleet or the customer, including visible logos, during the performance of the respective assignments. This equipment, such as helmets or merchandise, is provided to the Pilot by FairFleet free of charge. The Pilot must use the equipment provided properly and return it in perfect condition after completion of the respective assignment, unless otherwise agreed.

3.6 Usage Rights

3.6.1 Upon uploading the Aerial Imagery/data (Clause 3.5.4), the Pilot grants FairFleet an exclusive right of use in the same (hereinafter the "Work"), unlimited in time, territory, and content, transferable and sublicensable. The right of use includes in particular the right

to reproduce and distribute the Work in printed works of any kind and in all analog and digital media, formats, and systems, including reception by stationary and mobile devices,

to make the Work publicly accessible and available on demand in all electronic databases, data networks, and telecommunications services,

to store the Work in electronic databases (including those of search engines) and data networks, irrespective of the technology used,

to publicly perform the Work, commercially or non-commercially, via image, audio, and other data carriers, in all formats and using all analog and digital methods;

in each case irrespective of the purpose of use and in particular also for advertising and marketing purposes of the customer. The grant of rights covers all files and data uploaded to the Platform in connection with the assignment.

3.6.2 This also includes the right to edit the Work, in particular so that it can be suitably displayed on mobile devices (smartphones, tablets, etc.).

3.6.3 The grant of rights also includes use of parts of the Works and use in combination with other works.

3.6.4 Following upload, the Pilot is not entitled to use, reproduce, distribute, or make available to third parties the Work or any other files and data uploaded in connection with the assignment in any manner, in particular not as a reference or for self-promotion, or to publish project information. Any unauthorized use obliges the Pilot to compensate FairFleet for the resulting damage; the assertion of further claims (including injunctive relief and disgorgement of profits) remains reserved. Clause 3.11.3 applies.

3.6.5 The Pilot expressly waives recognition of his authorship of the Work (Section 13 of the German Copyright Act, UrhG) and attribution, to the extent permissible.

3.7 Acceptance

If FairFleet does not issue a declaration of acceptance to the Pilot within 15 days of the upload of the Aerial Imagery/data to the Platform (Clause 3.5.4), acceptance is deemed declared. However, if queries or requests for further data and information pursuant to Clauses 3.5.3 and 3.5.4 are made within this period, the entire service is deemed not accepted. In that case, the service is deemed completely rendered only upon written acceptance.

3.8 Remuneration, Payment Terms

3.8.1 The agreed remuneration is due upon acceptance (Clause 3.7), notwithstanding Section 641 (2) BGB. The payment period is 30 calendar days after acceptance and receipt of a correct invoice (this includes, above all, important project information for the unambiguous allocation of the service, such as the FairFleet order number (Order-ID) and all correct bank details). Invoices must be provided in electronic format (for example as PDF) in accordance with FairFleet's specifications. FairFleet does not accept invoices sent by post or fax.

3.8.2 Any transaction costs are shared between FairFleet and the Pilot. Bank charges incurred on the recipient's side are not borne by FairFleet. The Pilot may not charge reminder fees.

3.8.3 If the Pilot does not provide FairFleet with all required data correctly, payment may be delayed, as FairFleet follows a strictly defined payment process. The Pilot has no claims whatsoever against FairFleet on account of delayed payments if the invoice contains incorrect or incomplete information. Changes to the Pilot's bank details or other relevant payment data must be notified to FairFleet immediately (by e-mail to accounting@fairfleet.com). For security reasons, FairFleet may require the Pilot to provide proof of the bank account.

3.9 Termination of the Aerial Imagery Contract

If FairFleet terminates the Aerial Imagery Contract because the continuation of the corresponding contract between FairFleet and its customer is no longer reasonable for FairFleet due to good cause attributable to the customer, the Pilot is entitled to payment only for services rendered in full. Partial services are not remunerated.

3.10 Set-Off, Retention

The Pilot is entitled to set-off, retention, and the defense of non-performance of the contract only if the counterclaims have been finally adjudicated, acknowledged, or are undisputed.

3.11 Confidentiality

3.11.1 The Pilot undertakes to treat all business information transmitted by FairFleet or otherwise coming to his knowledge as strictly confidential and to protect it against unauthorized disclosure and use. This confidentiality obligation extends in particular to all project information, including but not limited to: names of customers, contact persons, site addresses, geographic coordinates, and photo and video recordings. Exceptions apply exclusively to information that was demonstrably known to the Pilot before disclosure by FairFleet; that the Pilot demonstrably received or receives lawfully from third parties without breaching a confidentiality obligation; that was already generally known or accessible at the time of disclosure by FairFleet; or that becomes generally known or accessible after disclosure without the Pilot's fault or involvement. The Pilot is obliged to take all reasonable measures to maintain the confidentiality of the information and to prevent unauthorized third parties from accessing it.

3.11.2 Without FairFleet's express written consent, the Pilot is not entitled to disclose information about the flight, FairFleet's client, the assignment, the manner of capture, or the purpose of the data capture to third parties. This applies in particular to persons on site. In case of queries, reference must always be made to FairFleet. Exempt from this provision is information required for responses to authorities or for obtaining flight permits.

3.11.3 Without FairFleet's prior written consent, the Pilot is not entitled to use the name of FairFleet's customer as a reference or to publicly disclose other information, data, or recordings relating to the assignment (in particular photographs or other content, including on social networks). The Pilot is further obliged not to make any photo or video recordings of the projects unless expressly approved by FairFleet in writing. FairFleet reserves the right to revoke any approval granted at any time without notice periods or statement of reasons. Upon termination of the cooperation, the Pilot is obliged to return all confidential information and all copies thereof to FairFleet without undue delay or to carry out their complete and verifiable destruction.

3.11.4 Any breaches of these confidentiality obligations may entail serious legal consequences and give rise to damage claims by FairFleet. All damage arising from breaches of this confidentiality agreement is to be borne and compensated fully and exclusively by the Pilot. Upon FairFleet's request, the Pilot must demonstrate that he has not disclosed any information to unauthorized third parties.

4. General Provisions

4.1 Applicable Law, Jurisdiction

4.1.1 These terms and conditions and the business relationship between FairFleet and the Pilot are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

4.1.2 If the Pilot is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB) or has no general place of jurisdiction in the Federal Republic of Germany, the Regional Court (Landgericht) at FairFleet's registered seat has exclusive jurisdiction for all disputes arising from the business relationship with the Pilot.

4.2 Contract Language

The Usage Agreement for the Platform (Clause 2.2) and the Aerial Imagery Contract (Clause 3) are concluded in the German language.

4.3 Liability

4.3.1 To the extent fault is relevant, FairFleet is liable to the Pilot in cases of intent and gross negligence. In cases of simple negligence, FairFleet is liable only (a) for damage resulting from injury to life, body, or health, and (b) for damage resulting from the breach of an essential contractual obligation (an obligation whose fulfillment is a prerequisite for the proper performance of the contract and on whose observance the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for the foreseeable, typically occurring damage.

4.3.2 FairFleet is liable for the loss of data in accordance with Clause 4.3.1 only if such loss could not have been avoided by reasonable data backup measures on the part of the Pilot.

4.3.3 The above limitations of liability also apply mutatis mutandis in favor of FairFleet's vicarious agents.

4.3.4 The above limitations of liability do not apply to claims under the German Product Liability Act.

4.3.5 The Pilot shall indemnify FairFleet against all third-party claims — including claims by FairFleet customers — based on an error, act, or omission of the Pilot in connection with an assignment, to the extent the Pilot is responsible for them, and shall reimburse FairFleet for the resulting costs, including the costs of securing and presenting evidence as well as expert, attorney, and litigation costs.

4.3.6 FairFleet passes on assignment and site information originating from customers (e.g. addresses, coordinates, access and hazard information) without verification; the Pilot verifies the actual conditions on site. For the accuracy and completeness of such information, and for acts, errors, or outages of designated third-party providers (e.g. payment, verification, or flight-planning services), FairFleet is liable only in accordance with Clause 4.3.1.

4.3.7 If an assignment cannot be performed or completed for reasons for which FairFleet is not responsible — such as weather, aviation-law restrictions, denied site access, or cancellation by the customer —, no claims for remuneration, reimbursement of expenses, or damages against FairFleet exist with respect to the unperformed service; Section 645 (1) BGB remains unaffected for demonstrably rendered partial services. FairFleet will endeavor to reschedule the assignment with the Pilot.

4.3.8 Information and functions of the Platform and the Apps — including the pilot and capture apps and other applications provided by FairFleet —, such as assignment information, map and no-fly-zone displays, or pre-planned missions, serve solely to support the Pilot. FairFleet assumes no warranty for their accuracy, completeness, currency, or constant availability; the Pilot remains obliged to independently verify all assignment- and flight-relevant information (Clause 3.5.2). FairFleet's liability in this respect is governed exclusively by Clause 4.3.1.

4.3.9 Deployment at assignment sites is at the Pilot's own risk. For damage or injury to the Pilot, his personnel, or his equipment at or in connection with assignment sites, FairFleet is liable only in accordance with Clause 4.3.1; the Pilot is himself responsible for his own accident, health, and property insurance.

4.4 Data Protection Notice

FairFleet collects, processes, and uses the Pilot's data as set out in detail in the privacy policy.

4.5 Reservation of Changes

FairFleet will notify the Pilot of changes to these terms and conditions in writing, by fax, or by e-mail. If the Pilot does not object to the changes within a period of 4 weeks from receipt of this notice, the amended terms and conditions are deemed agreed. In the event of changes to the terms and conditions, the Pilot will be separately informed of the right to object and the legal consequences of silence.

4.6 Involvement of Third Parties, Transferability

4.6.1 FairFleet is entitled to use third parties to fulfill its obligations under the Usage Agreement and to exercise its rights.

4.6.2 FairFleet is entitled, upon prior notice (at least 4 weeks), to transfer its rights and obligations under this contract in whole or in part to third parties.

4.7 Mobile Apps; App Stores

Mobile Apps; App Stores. Where apps are obtained via the Apple App Store or Google Play, the terms of the respective store operator apply in addition. Apple and Google are not parties to these Terms, have no warranty, maintenance, or support obligations for the apps, and are not liable for any claims relating to the apps; maintenance and support are provided solely by FairFleet in accordance with these Terms. Apple and its subsidiaries are third-party beneficiaries of the provisions concerning the apps and may enforce them against the Pilot. The Pilot represents that it is not located in a country subject to a U.S. government embargo and is not on any U.S. sanctions or restricted-party list.

5. Software Use

5.1 This Section governs the Pilot's use of software provided by FairFleet, in particular the Platform, the Apps, and designated flight-planning, flight-mission, and capture software (together, the "FairFleet Software").

5.2 For the duration of the usage agreement, the Pilot receives the non-exclusive, non-transferable, and non-sublicensable right to use the FairFleet Software solely to use the Platform and to perform missions. No rights in source code or any further rights are granted. The right of use ends upon termination of the usage agreement.

5.3 The Pilot is prohibited from: (a) making the FairFleet Software available to third parties for use; (b) reverse engineering, decompiling, or disassembling software, except to the extent mandatorily permitted under Sections 69d, 69e of the German Copyright Act (UrhG); (c) circumventing technical protection measures; (d) retrieving content in an automated, bulk manner (scraping) or using the FairFleet Software or its outputs to build or train a competing product or model.

5.4 FairFleet endeavors to maintain high availability of the FairFleet Software but does not owe uninterrupted availability or any specific service level (SLA) and may modify functions for legal, security, technical, or business reasons. Functions designated as "beta" or "preview" are provided free of charge and without warranty.

5.5 For the FairFleet Software, FairFleet is liable exclusively in accordance with Section 4.3. The provisions on designated flight-mission software — no liability of FairFleet for software errors, sole responsibility of the Pilot for the safe and lawful execution of flights — and Section 4.7 (Apps/App Stores) remain unaffected.