Terms and Conditions

General Terms and Conditions of DroneSense GmbH, FN 628873 p, Brückenkopfgasse 1, 8020 Graz, Austria ("DroneSense"). NAVION Robotics and AVIO are brands of DroneSense GmbH. These terms are addressed exclusively to businesses.

Part A applies to all services, in particular professional services and on-site operations. Part B additionally applies to the provision and operation of the AVIO system under the service model (inspection-as-a-service). In case of conflict, Part B prevails for the service model.

This is an English convenience translation. The German version is legally binding.

1. Applicability and deviations

These terms apply to all contracts between DroneSense and the client as a business. Conflicting terms of the client apply only if acknowledged by DroneSense in writing. The version currently published on the website applies.

2. Offers and side agreements

Offers are non-binding. Changes in the order confirmation are deemed approved unless objected to in writing without delay. Agreements and side agreements must be made in writing.

3. Scope of services and commissioning

The type and scope of services result from the contract, the service description and these terms. Changes require written confirmation. DroneSense performs services in accordance with the recognized rules of technology and applicable aviation law. Subcontractors may be engaged; the client may object in writing within one week.

4. Client obligations for drone operations

The client establishes the legal, organizational and technical prerequisites for the operation, in particular required permits, consents of property owners, access to facilities and compliance with safety regulations. Particular hazards (e.g. explosive atmospheres, strong sources of interference) must be communicated to DroneSense in good time. A named contact person must be available on site. In case of non-fulfilment, the operation may be postponed, aborted or the contract rescinded; a reasonable cancellation fee may be charged.

5. Weather, safety and abort of operations

Drone operations depend on external conditions. DroneSense is entitled not to commence, to interrupt or to abort an operation for safety reasons (in particular adverse environmental conditions, technical malfunctions, radio or navigation problems, legal uncertainty, unexpected obstacles or insufficient safety measures). If aborted before commencement, incurred costs are charged; if aborted during the operation, services rendered are payable. DroneSense is not liable for damage caused by safety-related postponements.

6. Cancellation terms

Cancellations must be made in writing. The following fees apply: more than 7 days before the date, no fee; 7 to 3 days before, 30 % of the net fee; within the last 3 calendar days, 70 % of the net fee. Obstacles within the client's sphere are deemed cancellations.

7. Warranty and liability

Notices of defects must be raised in writing within 14 days. Rescission and price reduction are excluded. DroneSense owes professional performance but no specific technical or economic result; hidden defects may remain undetected. For damage arising from flight operations, liability is limited to the coverage of the aviation liability insurance (750,000 SDR per claim). For other damage caused by slight negligence, liability is limited to EUR 12,500 for order values up to EUR 250,000, and to 5 % of the order value (maximum EUR 25,000) above that. Indirect damage and lost profit are excluded in cases of slight negligence. Liability for personal injury is unlimited in accordance with statutory provisions.

8. Rescission

Rescission is permitted only for good cause. In case of default by DroneSense, rescission is possible after setting a reasonable written grace period. In case of default by the client, DroneSense may rescind. In case of justified rescission, the fee claim for services rendered remains.

9. Fees and payment

Fees are quoted in euros plus VAT. Set-off against counterclaims is excluded unless such claims have been established by a court or acknowledged. Payments are due in full and on time. In case of default, default interest of 9.2 percentage points above the base rate plus reminder charges applies.

10. Place of performance

The place of performance is the registered office of DroneSense in Graz.

11. Confidentiality and data protection

DroneSense maintains the confidentiality of information received in the course of the engagement. Anonymized project data may be used for reference and marketing purposes unless overriding interests of the client conflict. Personal data is processed in accordance with the current privacy policy and, where applicable, a data processing agreement (Art. 28 GDPR).

12. Protection of documents, data and usage rights

All rights to documents, analyses, models and software created by DroneSense remain with DroneSense. The client receives a simple, non-transferable right of use for internal business purposes unless agreed otherwise. Raw data is handed over only upon express agreement and may be invoiced separately. In case of unauthorized use, DroneSense is entitled to a penalty of twice the reasonable fee.

13. Goods and hardware deliveries

Offers are non-binding. Risk passes upon handover. Delivered goods remain the property of DroneSense until paid in full; claims from resale are assigned. Delivery periods are non-binding. Clause 7 applies to warranty.

14. Governing law and jurisdiction

Austrian law applies exclusively, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the competent court at the registered office of DroneSense in Graz.

15. Severability

Should individual provisions be invalid, the validity of the remaining terms remains unaffected. The invalid provision is replaced by a provision that comes closest to its economic purpose.

16. Subject of the service model

Under the service model, DroneSense provides the customer with the AVIO system (drone, docking station, accessories) for use and renders the agreed services (software use, mission operation, analysis, reports, maintenance) against recurring fees. The specific scope, service levels and prices result from the individual contract.

17. Term and termination

Unless otherwise agreed in the individual contract, the initial term is twelve months. The contract is renewed for successive twelve-month periods unless terminated in writing with three months' notice to the end of the respective term. The right to extraordinary termination for good cause remains unaffected.

18. Ownership, custody and return

The AVIO system remains the property of DroneSense. The customer keeps the system with care, protects it from damage, loss and third-party access, and uses it exclusively at the agreed location and for its own business purposes. Loss or damage must be reported without delay; damage attributable to the customer is borne by the customer. Upon termination, the system must be returned complete and in proper condition.

19. Installation and operating prerequisites

The customer provides the agreed operating prerequisites, in particular a suitable location for the docking station, power supply, installation of the reference markers and the agreed network connectivity. The flight area must be kept clear as instructed; operational changes that may affect flight operations (e.g. conversions, new obstacles) must be communicated to DroneSense in good time.

20. Software and usage rights

For the duration of the contract, the customer receives a simple, non-transferable and non-sublicensable right to use the AVIO software and platform for its own business purposes. Reverse engineering, decompilation and interference with hardware or software are prohibited except where mandatorily permitted by law. DroneSense may install updates and security patches (including over-the-air) and further develop the functionality, provided the essential contractual functions are maintained.

21. Availability, maintenance and support

DroneSense renders the services with the diligence of a prudent businessperson. Uninterrupted availability is not owed; maintenance windows, safety-related suspensions of flight operations and circumstances beyond DroneSense's control (e.g. power outages, network failures, official orders) do not reduce the fee unless DroneSense is responsible for the disruption. Specific response and recovery times are governed by the individual contract where agreed.

22. Inspection data, reports and telemetry

Inspection data and reports are available to the customer for internal business purposes; clause 12 applies accordingly. Data sovereignty over inspection data lies with the customer; storage location and retention periods are governed by the individual contract. DroneSense may use technical system and telemetry data to ensure operation and, in anonymized or aggregated form, for product improvement.

23. Nature of results and prototype status

Analyses and reports generated by the AVIO system constitute decision support based on the respective state of the art. They do not replace inspections, acceptances or expert services required by law, authorities or standards; arranging such remains the customer's responsibility. No specific detection rate of the AI-supported analysis is warranted unless expressly agreed in the individual contract. If the provided system is in a pilot or trial stage, this is stated in the individual contract; the customer takes this status into account in operational use.

24. Fees, price adjustment and suspension

Unless otherwise agreed, the service fee is invoiced monthly in advance. DroneSense may adjust the fee annually in line with the consumer price index published by Statistics Austria. If the customer defaults on payment, DroneSense may, after an unsuccessful reminder and prior notice, suspend the service until payment is made in full; the obligation to pay remains unaffected.

25. Insurance and incidents

DroneSense maintains aviation liability insurance for flight operations to the legally required extent. The customer reports incidents, near-incidents and damage related to the system without delay and cooperates in their investigation. In all other respects, clause 7 also applies to the service model.

Effective 15 December 2025 · July 2026 edition (Part B added). The German version is legally binding.