FlightBox Terms and Conditions

As of: October 1, 2023

1. Scope

These General Terms and Conditions (“Terms and Conditions”) apply between

T. Schramme Softwareentwicklung + Beratung Kurzer Weg 8 38442 Wolfsburg

(referred to here and hereinafter as "Provider")

and users of the "FlightBox" software offered by the provider, consisting primarily of the main application for mobile devices ("FlightBox App"), as well as the myFlightBox website. These General Terms and Conditions regulate the conditions for downloading and using the various components of FlightBox. By using FlightBox, the user agrees to these terms and conditions.

2. User requirements

The functionality of the FlightBox app may vary depending on the operating system. The functions are described in the respective app store such as Apple App Store, Google Play etc. (hereinafter referred to as "App Store"). The hardware and firmware requirements for running the app on devices are listed in the App Store.

The provider will provide updates for the FlightBox app and the myFlightBox website to the extent required by law in accordance with Section 327f of the German Civil Code (BGB). The provider reserves the right to make further updates at its own discretion.

A stable internet connection on the end device is required to update map data in the app, to access current flight information (e.g. weather) and to synchronize the stored user data with the online account. In order to record the route flown, the end device must be able to accurately determine its position and altitude at any time for the entire duration of the recording (e.g. via GPS).

The provider reserves the right to change FlightBox at any time in a way that is reasonable for the user, e.g. to further develop the software and improve its quality. This applies to both technical and content-related developments.

3. Free use of FlightBox

The user can generally use FlightBox free of charge; all functions are available. However, the number of data sets that can be saved and therefore used (e.g. number of saved aircraft, number of saved flight recordings) is limited when used free of charge. The exact limits are displayed in the FlightBox app.

The provider reserves the right to change the storage limits at any time and/or expand them to include newly introduced functions.

4. In-app purchases and subscriptions

If the user would like to extend or remove the storage limitations described in Section 3, they can order one of various FlightBox Premium subscriptions via the FlightBox app. These are self-renewing in-app subscriptions ("Subscription"). The available subscription durations and the exact contents are displayed in the order options.

Billing (see Section 5) and administration of the subscription are carried out exclusively via the user's App Store account. The contract for the (in-)app purchase and subscription is concluded between the user and the respective app store operator.

The subscription is automatically extended after the minimum contract period has expired. Auto-renewal can be turned off through your account settings in the App Store up to 24 hours before expiration.

A subscription can be canceled via the account settings in the App Store. After the subscription is terminated, the storage limits for free use will apply again. If the user has already saved more data sets of a type than the storage limit for this data type would actually allow, all saved data will be retained. However, further creation of new data sets is only possible again until the user has either taken out a new subscription or has deleted so much existing data that it is again below the storage limit for the data type.

5. Payment processing and right of withdrawal

Payment processing for FlightBox Premium subscriptions in the form of in-app purchases takes place directly with the app store operator via the user account.

A refund of payments made in the App Store by the provider of FlightBox is excluded. The general terms and conditions/terms of use of the store providers apply.

Any right of withdrawal can only be exercised by the store provider. The general terms and conditions/terms of use of the store providers apply.

6. Backup content

The provider assumes no guarantee that data stored in the FlightBox app will be stored permanently. These may no longer be available, especially after updates.

The provider therefore recommends that the user create a FlightBox user account in the app, into which the data will then be automatically backed up if there is an internet connection.

However, the provider does not guarantee that the backup of user data in the user account will always work under all circumstances. It is therefore the user's responsibility to regularly check, for example via the myFlightBox website, whether all user data has actually been transferred from the app to the user account.

Finally, the provider does not guarantee that the user's data stored online in the user account will be stored there permanently. The user therefore has various functions available on the myFlightBox website to download the stored data.

7. Limitation of Liability

FlightBox was developed with great care to support the user in his/her role as a private pilot in preparing and executing a flight according to visual flight rules (VFR).

However, it should be noted that FlightBox is not a certified application for pilots. The airport or airspace data displayed may be incorrect and the application itself may also contain errors. It cannot be ruled out that an error occurs while using the application in flight, or that a function is temporarily unavailable due to environmental conditions.

FlightBox may therefore only be used as a secondary navigation aid.
The data displayed in FlightBox does not release the pilot from thorough flight preparation using officially approved data sources.
The pilot must ensure that he/she only uses FlightBox in flight in such a way that it does not distract him/her from his/her duties as a pilot.

7.1. Disclaimer related to flights

The use of FlightBox is at the pilot's own risk. The provider is not liable for any personal injury or property damage caused directly or indirectly as a result of the use of FlightBox.

7.2. Other Disclaimers

The provider is only liable for damage caused by the use of FlightBox to a user's device or the user's data if the provider can be proven to have been grossly negligent.

In the event of a simple negligent breach of an obligation that is essential to achieving the purpose of the contract (cardinal obligation), the provider's liability is limited to the amount of damage that is foreseeable and typical for the type of transaction in question, but a maximum of the amount the user paid when last renewing their FlightBox Premium subscription.

The provider has no further liability.

7.3. Liability for functions involving third parties

If the availability of individual functions of the app depends on the services of third parties (particularly telecommunications providers), the provider assumes no liability for their availability.

8. Property rights

The provider reserves all rights, in particular copyright usage rights and trademark rights, to the components of the FlightBox software. If parts of the software come from publicly available sources (open source, e.g. airspace data or technical function packages), these have been specifically identified in the software.

By downloading the FlightBox app and the content provided therein, the user acquires a non-exclusive and non-transferable license limited to the duration of the installation to download, install and use the app on any compatible device of which he is the owner or which is subject to its control. The right of use also includes any updates (upgrades, patches, etc.).

The user is not permitted to decompile, reverse engineer, disassemble the FlightBox app or the myFlightBox website, attempt to derive the source code, decrypt the source code, modify it or create derivative works of the software or its contents or in any other way Reuse software. The mandatory legal regulations pursuant to Section 69a ff. UrhG remain unaffected.

The copyright restrictions remain unaffected.

9. Final provisions

Subsidiary agreements, changes or additions must be in text form to be effective. This also applies to the cancellation of the text form.

German substantive law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

The place of performance is the headquarters of T. Schramme Softwareentwicklung + Consulting. If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all claims in connection with the business relationship is the registered office of the provider. The provider is also entitled to sue at the user's general place of jurisdiction.

If the user moves his or her usual place of residence outside the Federal Republic of Germany after conclusion of the contract, the place of jurisdiction for all disputes arising from this agreement is the registered office of the provider. The same applies if the user has his or her place of residence or habitual abode abroad.

Differing or supplementary terms and conditions of the user do not become part of the contract unless the provider has expressly agreed to their validity.

The EU Commission provides an Internet platform for online dispute resolution ("OS platform") at https://ec.europa.eu/consumers/odr/. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase contracts. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.