Terms of Service

1. Introduction

Welcome to XCviewer ("we", "us", "our"). We provide a web application for paragliding pilots to visualize and analyze their flight data. These Terms of Service ("Terms") govern your use of our services. By using XCviewer, you agree to these Terms.

2. User Accounts

To use certain features of XCviewer, you may need to register for an account, for instance by using a third-party service like Google. You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account.

We reserve the right to suspend, terminate, or delete your account at any time, with or without notice, for any reason or no reason, including but not limited to violation of these Terms, fraudulent activity, or any other conduct we deem inappropriate.

3. User-Generated Content

You can upload your flight data (e.g., IGC, KML files). You retain all ownership rights to your data. However, by uploading data, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display that data in connection with the XCviewer service.

You are solely responsible for ensuring that any content you upload does not violate any third-party rights, including copyright, trademark, or privacy rights. XCviewer is not responsible for any violations of third-party rights resulting from your uploaded content.

4. Subscriptions and Payments

XCviewer offers both free and premium subscription services. By subscribing to a paid plan, you agree to the following terms:

• Billing: Subscriptions are billed in advance on a monthly or yearly basis. Payment is processed through Stripe, our third-party payment processor.
• Automatic Renewal: Your subscription will automatically renew unless you cancel before the renewal date.
• Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period.
• Refunds: We do not provide refunds for partial billing periods. Refunds may be provided at our sole discretion for exceptional circumstances.
• Price Changes: We may change subscription prices with 30 days' notice. Price changes will not affect your current billing period.

5. Analytics

With your consent, we use PostHog EU Cloud for product analytics and masked session replay to understand how the service is used and improve confusing or broken interactions. We use Sentry for operational error monitoring. We minimize the data sent to these providers and do not intentionally include flight contents, GPS coordinates, form values, or payment details. You may withdraw analytics consent in your settings. For more details, please see our Privacy Policy.

6. Prohibited Conduct

You agree not to use XCviewer for any unlawful purpose or to engage in any conduct that could damage, disable, or impair our service. Specifically, you agree not to:

• Resell, sublicense, or otherwise commercialize any content or data from XCviewer without explicit written permission.
• Attempt to gain unauthorized access to XCviewer, other user accounts, or our systems.
• Use XCviewer to transmit any harmful, unlawful, or inappropriate content or material.
• Engage in any activity that could harm our reputation or the integrity of XCviewer.

7. Disclaimers and Limitation of Liability

Paragliding is inherently dangerous. Do not rely on our service for safety-critical decisions. Our service is for recreational and analytical purposes only. You assume all risks associated with your use of the service.

XCviewer is provided "as is" and "as available" without any warranties of any kind. We do not guarantee that our service will be uninterrupted, error-free, secure, or free from viruses.

To the maximum extent permitted by law, XCviewer, its maintainers, developers, and affiliates are not liable for any damages, losses, or harm of any kind resulting from your use of the service.

8. Third-Party Service Reliance

XCviewer relies on various third-party services and APIs (e.g., CesiumJS, mapping providers, payment processors, cloud infrastructure) to provide its functionality. The availability and performance of XCviewer are subject to the terms and operational status of these third-party providers.

9. Data Processing

By using XCviewer, you agree that we may process your data as described in our Privacy Policy. This includes processing your flight data to provide our services and subscription information for billing purposes.

10. Third-Party Data and Attribution Requirements

XCviewer uses third-party data and services, including but not limited to CesiumJS, Sentinel-2 satellite imagery, and other geospatial data providers.

When using our application, particularly for video export or sharing screenshots, you are required to:

• Maintain Data Attribution: Keep all correct data attribution visible on all video files and exported content. This includes proper attribution to CesiumJS, Sentinel-2, and all data providers as rendered by the application.
• Comply with Provider Terms: Use all materials strictly according to the terms of service of map data providers, including but not limited to CesiumJS terms of use.
• Attribution Visibility: Ensure that attribution information remains clearly visible and readable in all recorded videos, screenshots, or exported content.

11. Governing Law

These Terms are governed by the laws of Switzerland, without regard to its conflict of law provisions.

12. Changes to Terms

We may modify these Terms at any time. We will notify you of any material changes. By continuing to use XCviewer after changes are made, you agree to be bound by the revised Terms.