These General Terms and Conditions (hereinafter “GTCs”) set out below are entered between Fotokite AG, Heinrichstrasse 235, 8005 Zürich, Switzerland (hereinafter “Fotokite”) and any person (hereinafter “User”) who uses Remote Control and/or Remote Livestream (hereinafter “Services) provided by a Fotokite Drone Operator or Fotokite Pilot in Command (hereinafter “Customer”).
By accessing and using the Services, the User agrees to the following General Terms and Conditions (GTCs).
The Livestream Player provides access to the following functionality:
Remote Livestream allows Users to view live video streams over the internet and, if Remote Control is enabled, to remotely control the Customer’s Fotokite drone.
Remote Livestream:
Remote Control:
By using this platform, the User agrees:
The User is responsible for any risks, misuse and harm resulting from a violation of these obligations and liable for all action and inactions as well as their compliance with these GTCs.
In case of Remote Control, the User is responsible for adherence and compliance with applicable drone regulation and data protection laws. This includes, but is not limited to the following (if applicable and/or required, as the case may be):
The User warrants that it:
The User acknowledges that Fotokite does not guarantee or claim that the Services:
Fotokite’s service operates on a best-effort basis. Factors such as internet connectivity and cloud network conditions may impact performance. Streaming resolution will adjust dynamically based on network conditions.
Periodic updates and maintenance may be required to ensure optimal performance of the services. Fotokite may undertake them at any time at its own discretion with prior notice to the User.
Fotokite’s Privacy Notice for Remote Livestream and Remote Control can be found here: https://fotokite.com/remote-livestream-privacy-policy/
All communication between the Fotokite system, servers, and web clients are encrypted, except for ping messages used to optimize server selection.
Access to the Services is secured with a unique code. Anyone with the correct link and code can access the Services.
No video data is recorded on Fotokite’s servers. Past streams cannot be accessed or reviewed.
Fotokite excludes its liability for damages that were not caused intentionally or through gross negligence or that can be attributed to the improper use of the Services. Liability for indirect or consequential damages, such as lost profits, additional expenses or third-party claims, is also excluded. Liability for Fotokite’s auxiliary staff according to article 101 Code of Obligations is expressly excluded.
Fotokite further assumes no liability for force majeure or fortuitous events as well as malfunctions and failures of the cellular network or Wi-Fi/Ethernet connection to the drone.
The User shall defend, indemnify, and hold harmless Fotokite, its affiliates, directors, officers, employees, agents, and representatives against any and all claims, demands, suits, actions, proceedings, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorney fees and court costs) arising out of or related to:
Fotokite shall give prompt written notice to the User of any claim for which indemnification is sought. The User shall have the right to assume the defense of such claim with counsel reasonably satisfactory to Fotokite. Fotokite may participate in the defense of the claim with its own counsel at its own expense. The User shall not, without the prior written consent of Fotokite, settle, compromise, or consent to the entry of any judgment that imposes any liability or obligation upon Fotokite or admits any wrongdoing or fault by Fotokite.
These GTCs shall commence upon the User’s first access to the Services (the “Effective Date”) and shall continue until terminated in accordance with these provisions or in case the link to access the Services expires.
The User may terminate these GTCs at any time by ceasing use of the Services.
Fotokite reserves the right to terminate these GTCs or suspend access to the Services at any time, without prior notice, for any reason, including but not limited to:
Should any individual provision of these GTCs be invalid or void, in whole or in part, they shall be replaced by a provision that comes as close as possible to the economic and legal effect of the invalid provision. The remaining provisions of the GTCs shall not be affected and shall continue to be valid.
These GTCs may be subject to change, and the User is deemed to have accepted the changes if he does not object to them within 30 days after notifications thereof.
These GTCs are subject to Swiss law, under exclusion of the conflict of laws.
Any dispute arising out of or in connection with these GTCs shall be subject to the exclusive jurisdiction of the courts in Zurich, except where mandatory jurisdictions for consumer protection applies and provide otherwise.
Version 1.0
