Terms and Conditions

for the provision of services by Brezel Analytics – Cihan Gümüs, Friedenstraße 94A, 10249 Berlin, e-mail: cihan@brezel-analytics.de (hereinafter “Service Provider”) to its customers (hereinafter “Customer”)

1. General

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Customer and the Service Provider incorporating these GTC.

1.2 Where additional contract documents or other terms and conditions in text or written form have become part of the contract alongside these GTC, the provisions of those additional contract documents shall take precedence over these GTC in the event of conflict.

1.3 The Service Provider does not recognise GTC used by the Customer that deviate from these terms and conditions – unless expressly agreed otherwise.

1.4 Use of the platform is permitted for persons aged 16 and over. Minors under the age of 16 may not use the platform.

2. Subject matter and scope of services

2.1 The Service Provider provides the following services to the Customer as an independent contractor:

FlightDebrief is a web-based software-as-a-service platform for analysing flight recordings. Users can upload flight track files (KML, GPX, IGC), visualise them on a map, and evaluate flight data (altitude, speed, distance, duration). Authenticated users may optionally save and manage flights in a personal library. The platform is intended exclusively for the retrospective analysis and evaluation of flights for training and documentation purposes.

2.2 The specific scope of services is the subject of individual agreements between the Service Provider and the Customer.

2.3 The Service Provider performs the contractually owed services with the greatest possible care and diligence in accordance with the current state of knowledge, rules, and findings.

2.4 The Service Provider is obliged to perform the contractually owed services. In carrying out its activities, however, it is not subject to instructions regarding the manner of performing its services, the place of performance, or the time of performance. It will, however, schedule its working days and time allocation on those days in such a way as to achieve optimal efficiency in its activities and in the realisation of the contract subject matter. Performance of services by the Service Provider takes place only in coordination with the Customer.

2.5 The platform is intended exclusively for the retrospective analysis and evaluation of flights for training and documentation purposes. It is not intended for flight planning, navigation, or operational use and does not replace official aeronautical data, navigation aids, weather data, or official information. Use for safety-critical decisions is expressly prohibited.

3. Customer’s duties to cooperate

3.1 It is the Customer’s responsibility to provide the information, data, and other content required for the performance of services completely and correctly. The Service Provider is in no way responsible to the Customer for delays in the performance of services caused by late or necessary cooperation from the Customer; the provisions under the heading “Liability / Indemnification” remain unaffected.

3.2 The Customer warrants that it is authorised to store and process the uploaded flight track files on the platform. The Customer shall ensure that the uploaded files do not contain personal data of third parties for the processing of which no legal basis exists.

4. Remuneration

4.1 Use of the platform is currently free of charge. Remuneration for any future paid services will be determined by publication of a price list or by individual agreement. Users will be informed in good time in advance of the introduction of paid features.

4.2 Remuneration is due following performance of the services. Where remuneration is calculated by time period, it is due at the end of each individual period (§ 614 BGB). For effort-based billing, the Service Provider is entitled, unless otherwise agreed, to invoice services rendered on a monthly basis.

4.3 The Service Provider will issue the Customer with an invoice by post or e-mail (e.g. as a PDF) following performance of the services. Payment is due within 14 days of receipt of the invoice.

5. Liability / Indemnification

5.1 The Service Provider is liable without limitation on any legal grounds in cases of intent or gross negligence, for intentional or negligent injury to life, body, or health, on the basis of a guarantee, unless otherwise regulated in this regard, or on the basis of mandatory liability. If the Service Provider negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless there is unlimited liability pursuant to the preceding sentence. Material contractual obligations are obligations which the contract imposes on the Service Provider by its content to achieve the purpose of the contract, whose fulfilment makes proper performance of the contract possible in the first place, and on whose compliance the customer may regularly rely. Beyond this, liability of the Service Provider is excluded. The above liability provisions also apply with respect to the Service Provider’s liability for its vicarious agents and legal representatives.

5.2 The Customer shall indemnify the Service Provider against any claims by third parties asserted against the Service Provider on account of the Customer’s breach of these terms and conditions or applicable law.

6. Contract duration and termination

6.1 The duration of the contract and the periods for ordinary termination are agreed individually by the parties.

6.2 The right of both parties to terminate for good cause without notice remains unaffected.

6.3 Following termination of the contract, the Service Provider shall return or destroy, at the Customer’s choice, all documents and other content made available to it without undue delay. Assertion of a right of retention over such items is excluded. Electronic data must be deleted in full. Exceptions apply to documents and data subject to longer statutory retention obligations, but only until the end of the respective retention period. The Service Provider shall, upon request, confirm deletion to the company in writing.

7. Confidentiality and data protection

7.1 The Service Provider shall treat strictly confidential all processes that come to its knowledge in connection with the engagement. The Service Provider undertakes to impose the obligation of confidentiality on all employees and/or third parties who have access to the information that is the subject of the contract. The obligation of confidentiality applies for an unlimited period beyond the duration of this contract.

7.2 The Service Provider undertakes to comply with all data protection regulations – in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act – in carrying out the engagement.

8. Final provisions

8.1 The law of the Federal Republic of Germany applies, excluding the CISG.

8.2 Should any provision of these GTC be or become invalid, the validity of the remaining GTC shall not be affected.

8.3 The Customer shall support the Service Provider in performing its contractual services by rendering appropriate cooperation, to the extent required. In particular, the Customer shall provide the Service Provider with the information and data required to fulfil the engagement.

8.4 Where the Customer is a merchant, a legal entity under public law, or a special fund under public law, or does not have a general place of jurisdiction in Germany, the parties agree on the Service Provider’s registered office as the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.

8.5 The Service Provider is entitled to amend these GTC for objectively justified reasons (e.g. changes in case law, legislation, market conditions, or business or corporate strategy) and subject to a reasonable notice period. Existing customers will be notified of this by e-mail no later than two weeks before the amendment takes effect. If the existing customer does not object within the period set out in the notification of the amendment, their consent to the amendment shall be deemed to have been given. If they object, the amendments shall not take effect; in this case the Service Provider is entitled to terminate the contract with extraordinary notice as of the date the amendment would have taken effect. The notification of the intended amendment to these GTC will draw attention to the deadline and the consequences of an objection or its absence.

9. Information on consumer dispute resolution

The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our e-mail address can be found in the heading of these GTC.