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User Agreement
We have prepared the following User Agreement ("Terms"), because we want you to know your rights and our rights. It applies to your access to and use of the websites, mobile apps, APIs, emails, and other online products and services ("Services") provided by WeGlide UG, Erenburgerstraße 19, 67549 Worms ("Provider", "WeGlide", "we", "us", "our").
Please also take a look at WeGlide’s Privacy Policy — it explains why and to what extend we collect, use, and share information about you when you access use Services.
This agreement is put in place to encourage an open and tolerant place for people to share their flights with others. WeGlide is built around the passion we all share, but we still need some basic rules. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.
1. Your Access
The use of the Services is open to every person (“User") worldwide who would like to publish data on their gliding activity and related sporting events. It is the responsibility of all users to ensure that they are authorized to make any publications they may make through the Services.
WeGlide is entitled to exclude any User who violates the terms of use or misuses the services from further use of the services.
2. Your Use of the Services
A user who transmits flight data grants WeGlide a non-exclusive, irrevocable, transferable and sublicensable user right for the flight data for the purpose of analysis and presentation. If the user submits flight data on behalf of third parties, the user must ensure that he is authorized to grant WeGlide user rights on behalf of this third party. The transmission of flight data to the services does not prevent the user from using his flight data in any other way. The provisions on the processing and use of personal data remain unaffected.
WeGlide grants all users a personal, non-exclusive, non-transferable and non-sublicensable, revocable, limited license to use and access the Services solely as permitted by these Terms.
WeGlide reserves the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you.
WeGlide does not guarantee or warrant the continuous or otherwise uninterrupted and error-free availability of the Services. WeGlide does not guarantee the error-free and correct function of the algorithms used for flight analysis and scoring.
3. Your WeGlide Account
To use certain features of our Services, you may be required to create a WeGlide account (an “Account”) and provide us with a username, password, and certain other information about yourself as stated in the Privacy Policy.
You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify WeGlide if you discover or suspect that someone has accessed your Account without your permission. We recommend you to use a strong password.
You must not license, sell, or transfer your Account without our prior written approval.
If you wish to use WeGlide with an account you must identify yourself with your real name, your date of birth and your valid email address. If we determine that this part of your Account data is incorrect, we can delete your Account in whole or in part and prohibit you from further use of the services.
4. Your Content
The Services may contain flight information, text, links, photos, videos, or other materials (“Content”), including Content created or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for distribution or publication by other companies, organizations, or individuals who partner with WeGlide. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. If the user submits flight data on behalf of third parties, the user must ensure that he is authorized to grant the Provider user rights on behalf of this third party. The transmission of flight data to the services does not prevent the user from using his flight data in any other way.
Any suggestions and feedback about our Services that you provide to us are voluntary, and you agree that WeGlide may use such suggestions and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Content Policy, or if you otherwise create or are likely to create liability for us.
5. Your Flight Data
Flight data can be transferred directly by the user or by a third party who is authorized to transfer flight data by the user and WeGlide. When data is transmitted via an intermediate service, the intermediate service must inform the user of any data that is permanently stored by the intermediate service. The user may only transmit flight data if he has familiarized himself with the processing and use of the flight data in accordance with the Privacy Policy declaration. The flight data transmitted by the user in individual cases depends on the type of flight to be submitted and, if applicable, on the type of competition. The flight data can be analyzed individually or through multiple analyzes; If the analysis is carried out as part of a competition, the analysis is subject to the applicable rules. Flight data transmitted by a user are included in all analyzes offered, provided that this flight data is permissible and suitable for such analyzes. This includes, but is not limited to, new analyzes that were not offered at the time the flight data was transmitted. All analysis results can be accessed worldwide.
6. Third-Party Content and Advertisements
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users ( “Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services, including Your Content.
7. Things You Cannot Do
When using or accessing WeGlide, you must comply with these Terms and all applicable laws, rules, and regulations. In addition to what is prohibited in the Content Policy, you may not do any of the following:
Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services. Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services.
Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features. Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights.
Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with WeGlide. Scraping the Services without WeGlide's prior consent is prohibited. Use the Services in any manner that we reasonably believe to be an abuse of or fraud on WeGlide or any payment system.
We encourage you to report content or conduct that you believe violates these Terms or our Content Policy.
8. Competitions
The glider competitions, the results of which can be analyzed by the Services include competitions of the WeGlide UG, competitions of an association organization on a national level, international competitions and other sport and sport-political competitions. Participation in the individual competitions, the submission of results and the determination of the winners are based exclusively on the rules of the organization that organizes the competition. The analysis of the results using the Services is not subject to legal recourse. If an entrant wishes their results to be corrected in accordance with the applicable rules, the entrant must use the recourse available under the applicable rules of the competition.
9. Paid Services and Payment Information
There are no fees for the usage of our Services. Usage of our platform will always be free for everyone. However, additional features may be available for purchase in the future (“Paid Services”). These may be features where we need to purchase data from external providers (satellite images, weather information) or store large amounts of data (satellite image archive). Paid Features will allow us to keep the important features freely available for everyone. We will never charge fees for any functionality for which we did not charge anything before and which has not been explicitly marked as demo/teaser.
You may submit your debit card, credit card, or other payment information (“Payment Information”) via our Services to purchase the Paid Services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees.
10. Promotion of Responsible Behavior
WeGlide pursues to promote airborne sports as a whole and to promote user behavior that complies with the applicable rules and regulations when practicing aviation. WeGlide calls on all users to act appropriately at all times and to comply with the applicable air traffic regulations in all competitive situations and not to endanger their own safety and the safety of others in order to achieve the best possible result. If we, through notification of an air traffic control authority or an aviation sports association, obtain certain knowledge that a user has achieved a reported flight result within or outside of a competition by violating the air traffic legislation or by irresponsible use of his aircraft, the provider is entitled to remove the user's data for the flight concerned from the services, and the provider is entitled to prohibit the user from further use of the services. In accordance with the statutory provisions, the user is responsible for the handling of his aircraft and all the consequences thereof.
If we obtain certain knowledge that a user has provided false information in relation to a reported flight result within or outside of a competition, the provider is entitled to remove the user's data for the flight in question from the services, and the provider is entitled to prohibit the user from further use of the services. Untrue information refers to all information relating to the flight that does not correspond to the flight that has actually taken place. This includes, but is not limited to, the type of aircraft, the scoring period and the individual GPS values. In particular, the reporting of (virtual) flights that have not taken place is considered false information.
11. Liability
WeGlide is liable for damage caused by intentional or grossly negligent breach of the terms of use, as well as for damage caused by negligent breach of essential contractual obligations. In the case of a negligent breach of essential contractual obligations, the liability of the provider is limited to the foreseeable damage at the time the contract was concluded. WeGlide's legal liability for personal damage in accordance with the German Product Liability Act as well as the liability in the event of a breach of data protection provisions remain unaffected.
12. Subscriptions
Certain parts of the platform are only available with a subscription. Billing happens at the start of each billing period and happens on a recurring periodic basis (e.g.weekly, monthly, or yearly).
The subscription will be renewed at the end of each billing period with the same conditions as before, unless the subscription renewal was canceled by the customer or WeGlide.
13. User Communication
Our website provides a user communication feature that allows pilots to connect with one another. This feature is intended to facilitate friendly and constructive communication among pilots within our community. By using this feature, you agree to the following guidelines:
Respectful and Appropriate Use: You must use the user communication feature responsibly and refrain from engaging in malicious, abusive, or harassing behavior. Do not use the feature to send insulting, offensive, or discriminatory messages to other pilots. Respect the privacy and feelings of fellow pilots, promoting a positive and inclusive environment for all.
Prohibition of Spam: The user communication feature must not be used for unsolicited advertising, promotions, or spam. Do not send messages that contain commercial content, chain letters, or any other form of unwanted communication. Respect the purpose of the feature, which is primarily for gliding related discussions and interactions.
Confidentiality and Privacy: When using the user communication feature, you understand and agree that your email address will be disclosed with the initial message. If the recipient chooses to respond to your message, their email address will become visible to you. You must respect the privacy and confidentiality of this information. Do not misuse or disclose the recipient's email address for any unauthorized purposes.
Reporting Misuse: If you encounter any misuse of the user communication feature, including insults, spam, or any other violation of these guidelines, please report it to our website administrators immediately. We take such matters seriously and will take appropriate action against those found to be in violation.
By using the user communication feature, you acknowledge that any misuse of this feature may result in the suspension or termination of your account and access to our website.
Cancellation
The automatic subscription cancellation can be cancelled at any time in the account settings on WeGlide or by contacting WeGlide directly.
Already paid fees are non-refundable and the subscription will continue to the end of the billing period.
Fee Changes
WeGlide can decide to change fees at any point. Changes to existing subscriptions only apply for the next billing Period.
Users will be notified timely about all changes to the subscription fees and can cancel their subscription at any time before the changes take effect.
If a user doesn't cancel their subscription after being notified about fee changes, he automatically agrees to the changed terms.
Free Trial
WeGlide may decide to allow a free trial of the subscription services. Providing payment information may be required to activate the free trial. If this is the case, the normal subscription will automatically take effect once the trial period is over if the user hasn't cancelled their description in the mean time.
Refunds
WeGlide is not obliged to refund paid fees, even in the event of data loss or especially deletion of an account due to a violiation of the user agreement.