Nodepilot — Terms of Service

These Terms of Service (“Terms”) apply to the services offered under the Nodepilot brand. The legal contracting entity remains Kansi Solutions GmbH.

1. Introduction

Welcome to Kansi Solutions GmbH. By using our services available through Nodepilot (the “Services”), you agree to comply with and be bound by the following terms and conditions. These Terms govern your access to and use of the Services and constitute a legally binding agreement between you (the “Client”) and Kansi Solutions GmbH (“we,” “us,” or “our”).

2. Services Provided

We provide access to the GEODNET RTK CORS network, delivering high‑precision GNSS RTK data for various applications. Our Services include access to GNSS RTK data, software applications, and technical support related to the GEODNET RTK CORS network. We commit to maintaining high standards of service availability and performance as part of our agreement with GeoDAO PTE LTD (“GEODNET”) and an overall 99.7% online time for accessing the network, with liability limited to the actual cost of the Service provided for the period of non‑performance. We are not liable for consequential damages to clients or their customers.

Customization and Integration: We offer customization and integration Services, including API access, custom data formats, and other bespoke solutions.
Reference Stations: If necessary to improve RTK quality, we may supply clients with free permanent reference stations. These stations are designed for easy setup and require only a clear view of the sky, a small amount of electricity, and an internet connection. The stations remain the property of Kansi Solutions GmbH. If the client fails to set up the station within one month, it must be returned to Kansi Solutions GmbH. Additionally, clients must return the station upon request by Kansi Solutions GmbH. Kansi Solutions GmbH retains all rights to and benefits derived from operating such stations.

3. Client Obligations

Compliance with Laws: You must comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Services.
Accurate Information: You agree to provide accurate, current, and complete information during registration and to keep such information up to date.

4. Prohibited Activities

You agree not to engage in any prohibited activities, including:

Using the Services for any illegal or unauthorized purpose.
Interfering with, compromising system integrity or security, or deciphering any transmissions to or from the servers running the Services.
Activities that disrupt or interfere with the Services, servers, or networks connected to the Services.
Using any automated means or form of data scraping or extraction to access, query, or collect data from the Services.

5. Payment Terms

Pricing: Detailed pricing information is available on our website. Prices are subject to change with reasonable notice.
Payment Methods: We accept credit cards, SEPA bank transfers, and other electronic payment methods as specified on our website.
Billing Cycle: Services are billed monthly or annually. Invoices are generated at the beginning of each cycle and are due upon receipt.
Late Payments: Late payments may incur additional fees and may result in suspension or termination of Services. We reserve the right to charge interest on overdue amounts as permitted by law.
VAT: Our VAT ID is DE346326134. VAT‑exempt transactions within and outside the EU will be handled according to EU VAT regulations.

6. Service Availability

We strive to maintain high availability and quality. While we aim for 99.7% uptime and minimal disruptions, events beyond our control may affect availability. Scheduled maintenance will be communicated in advance. Customer support is available during designated hours to address issues promptly. Service credits are the sole remedy for any breaches of our uptime commitment.

7. Data Privacy and Security

Data Collection: We collect personal, usage, and technical data to provide and improve the Services. Details are set out in our Privacy Policy.
Data Use: Your data is used to enhance functionality, conduct research, and communicate with you, in compliance with applicable data protection laws.
Data Protection: We employ robust security measures, including encryption and access controls, to safeguard your data. See our Privacy Policy for details.
GDPR Compliance: We adhere to the GDPR and the German Federal Data Protection Act (BDSG).
Data Processing Agreement: Where we process personal data on your behalf, we will enter into a Data Processing Agreement (DPA) with you to ensure GDPR compliance.

8. Intellectual Property

Ownership: All intellectual property rights in the Services and related materials (software, documentation, data, trademarks) are owned by Kansi Solutions GmbH or its licensors. You do not acquire ownership by using the Services.
License: We grant a non‑exclusive, non‑transferable, limited license to use the Services in accordance with these Terms. No rights to modify, distribute, or reverse engineer our software are granted.
Open‑Source Components: Open‑source components are subject to their respective licenses.
Client IP: Any intellectual property you provide remains yours. You grant us a non‑exclusive, worldwide, royalty‑free license to use, reproduce, and distribute your IP solely to provide the Services.

9. Termination

By Client: You may terminate at any time by written notice to our company address or via our client portal. Upon termination, your access ends and associated data may be deleted.
By Company: We may terminate if you violate these Terms, fail to pay, or engage in harmful conduct. Notice will be provided via email or other means.
Effects: Upon termination, your license to use the Services ceases immediately. Outstanding fees become due. We are not responsible for data loss resulting from termination.

10. Liability

Limitation: To the maximum extent permitted by law, our total liability for claims arising out of or related to these Terms or your use of the Services is limited to the amount you paid us for the Services in the 12 months preceding the event.
Exclusions: We are not liable for indirect, incidental, punitive, or consequential damages, including loss of profits, data, or business opportunities.
Indemnification: You agree to indemnify, defend, and hold harmless Kansi Solutions GmbH and its officers, directors, employees, and agents from claims, liabilities, damages, losses, and expenses (including legal fees) arising from your use of the Services, your violation of these Terms, or infringement of third‑party rights.

11. Dispute Resolution

Governing Law: German law governs these Terms.
Jurisdiction: The courts of Saarbrücken, Germany, have exclusive jurisdiction for disputes arising from these Terms or the Services.
Arbitration: Disputes may be resolved under the rules of the German Arbitration Institute (DIS) in Saarbrücken, conducted in English unless both parties agree to German. If any part of this clause is found invalid, the remainder still applies.
Multi‑Tier Resolution: Before litigation, the parties will first attempt resolution through negotiation and, if necessary, mediation and arbitration. Each party bears its own costs for negotiation and mediation.

12. Amendments

We may update these Terms by posting revised Terms on our website and providing notice via email or other methods. Changes take effect 30 days after notice. If you disagree, you may terminate before changes take effect. Continued use indicates acceptance.

13. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and Kansi Solutions GmbH regarding the Services and supersede prior agreements.
Severability: If any provision is invalid, the remaining provisions continue in full force.
Waiver: Our failure to enforce any provision is not a waiver of the right to enforce it later.
Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Relationship: No agency, partnership, or joint venture is created. Each party is an independent contractor.
Survival: Provisions relating to liability, indemnification, IP, dispute resolution, and other provisions that by their nature should survive, will survive termination.
Contract Language: This contract is concluded in English.

14. Definitions

Services: The GNSS RTK services provided by Kansi Solutions GmbH, including data provision, software applications, and technical support.
Client: The individual or entity using the Services.
Subscription: The agreement to pay for and use the Services on a recurring basis.
Personal Data: Any information relating to an identified or identifiable natural person.
Data Processing Agreement (DPA): An agreement between a data controller and a data processor outlining terms for processing personal data.

15. User Account

Account Creation: To access the Services, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your credentials and all activities under your account.
Security: Notify us immediately of any unauthorized use or security breach. We are not liable for any loss arising from your failure to comply with this obligation.
Account Termination: We may terminate accounts for violations of these Terms, non‑payment, or harmful conduct. Upon termination, your access ends and associated data may be deleted.

16. Usage Restrictions

Fair Use: We monitor usage to identify unusual or excessive patterns. If your usage significantly deviates from typical patterns, we will contact you to discuss solutions.
No Sub‑Licensing: Do not resell, redistribute, or sub‑license the Services without our prior written consent. Unauthorized actions may result in account restriction or termination.

17. Modifications to Services

We may update the Services to improve functionality or address security. Changes may affect performance or availability. Significant changes will be communicated via email or website notice at least 14 days in advance.

18. Third‑Party Services

Integrations: The Services may integrate with third‑party services for a seamless experience.
Compliance: Your use of third‑party services is subject to their terms. We are not responsible for issues arising from their use.
Performance: We do not guarantee the performance or availability of third‑party services and are not liable for related interruptions or losses.
Data Sharing: Any data sharing with third parties will comply with our Privacy Policy and applicable regulations.
Support: Our support may assist with integrations, but technical support specific to third‑party services should be directed to the respective provider.

19. Warranty Disclaimer

The Services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied.

No Warranties: We expressly disclaim all warranties, including merchantability, fitness for a particular purpose, and non‑infringement. We do not guarantee the Services will meet your requirements or be uninterrupted, error‑free, or secure.
Service Reliability: We do not guarantee the Services will always be available or free from errors or harmful components.
Information Accuracy: We make no warranties regarding the accuracy, completeness, or reliability of information provided through the Services. Use at your own risk.
No Liability for Damages: To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or related to your use of the Services.

20. Force Majeure

Events: Neither party is liable for delays or failures caused by events beyond reasonable control (e.g., natural disasters, war, terrorism, labor disputes, government actions, power or telecom outages).
Mitigation and Termination: Both parties will take reasonable steps to mitigate effects. If the event continues for more than 3 months, either party may terminate the affected Services.

21. Right of Withdrawal (Consumers)

Period: Consumers may withdraw from contracts within 14 days without reason from the date of contract conclusion.
Process: Inform us by an unequivocal statement (e.g., letter, fax, email) using the contact details on our website. Use of a model withdrawal form is optional.
Effects: We will reimburse all payments received, including standard delivery costs, within 14 days of your withdrawal notice, using the original payment method unless agreed otherwise and without fees.

22. Button Solution (Button‑Lösung)

By clicking “Order Now” or “Pay Now” on the Nodepilot website, you acknowledge making a purchase and agree to pay the associated fees. This process is designed to make it clear that you are entering into a binding contract.

23. Confirmation Email

You will receive a confirmation email with details about your purchase, including items purchased, price, and any applicable taxes. This email serves as your receipt.

24. Contact Information

Customer Support: Please reach out via the contact section of our website.
Legal Notices: Send legal notices to the company address listed at the beginning of these Terms. Notices must be sent by registered mail and will be deemed received upon delivery.

25. Compliance Clauses

Export Control: Comply with all applicable export control laws. Do not export, re‑export, or transfer the Services or related technical data to restricted entities or locations.
Anti‑Bribery and Corruption: Comply with all applicable anti‑bribery and anti‑corruption laws, including the U.S. Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act.

26. Data Localization and Transfers

Localization: Data will be stored and processed in accordance with applicable data localization laws. Certain data may need to be stored in specific locations to comply with local regulations.
International Transfers: Cross‑border transfers will comply with GDPR and other applicable rules using appropriate safeguards (e.g., Standard Contractual Clauses or binding corporate rules).

27. Algorithm and AI Use

Transparency: Our Services may use algorithms and AI to enhance functionality. We strive for transparency about how AI impacts the Services.
Bias and Ethics: We monitor and mitigate biases in our AI systems to support fair, non‑discriminatory operation.

28. Environmental and Social Governance (ESG)

Sustainability: We adhere to environmental standards to minimize impact, including reducing energy consumption and promoting renewable resources.
Social Responsibility: We support fair labor practices, community engagement, and diversity and inclusion initiatives.

29. Audit Rights

Right to Audit: We may conduct audits to ensure compliance with these Terms during normal business hours with reasonable notice.
Procedures: Audits will minimize disruption and respect confidentiality. You agree to cooperate and provide access to relevant information. Our audit rights are limited to ensuring compliance and preventing abuse of the Service.

30. Industry‑Specific Compliance

Clients operating in regulated industries (e.g., aviation, maritime, healthcare) are responsible for ensuring their own compliance with applicable regulations.

31. Conclusion

At Kansi Solutions GmbH, we are committed to delivering high‑quality GNSS RTK Services tailored to your needs. Our dedication to excellence, compliance, and innovation underscores our mission to support your business with precision and reliability.

Thank you for choosing Kansi Solutions GmbH. Should you have any questions or require assistance, our support team is ready to help.

Brand note: “Nodepilot” is the customer‑facing brand name. The legal party to this agreement is Kansi Solutions GmbH.