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GENERAL CONDITIONS

1 Terms and conditions of use

1.1. The website "d-flightS.p.A" (www.d-flight.it below, for brevity, the "Site"), is the website owned by d-flight S.p.A. ("“d-flight), with legal headquarters in Rome, Via Salaria 716, Tax Code and VAT Number. 14996981008, registered in the Register of Enterprises of Rome REA No. 1560988. The Site is the portal dedicated to RPAS operators (as defined hereinafter SAPR) for the provision of the Services (as defined below). It allows, among other things, the registration of operators of unmanned aerial systems (SAPR) in the Italian database and the assignment of a unique identification code for each of them (c.d. QR), under the Regulations of the National Civil Aviation Authority ("ENAC") "RemotePiloted Aircraft Vehicles" Ed. 3 of 11 November 2019 and S.m.i. ("ENAC Regulation"), available on the ENAC website at the link https://www.enac.gov.it/sicurezza-aerea/droni. More generally, this Site aims to provide users with information and services related to the recreational and professional use of unmanned aircraft, otherwise known as drones, within national airspace, in accordance with applicable legislation.

1.2. You acknowledge that your use of the Site and Services is subject to the acceptance of the terms and conditions established below (the "General Conditions")as well as any further applicable conditions or terms with reference to certain Services. These General Terms therefore govern the use of the Sito, the relationship between the user who registers on the d-flight and d-flight platform in relation to the use of the Site and the possible supply of the Servizi.

1.3. By accessing this Site, using or downloading the contents presented therein and using the Services, the user agrees to be bound by these General Conditions, as well as by the Privacy Policy www.d-flight.it/portal/en/informativa-sul-trattamento-dei-dati/The user is therefore required to read carefully the recalled documents, which make up a binding agreement between the user and d-flight, in relation to the use of the Site and the use of the Services by the user himself.

1.4. You acknowledge that your use of the Site is therefore subject to the acceptance of these General Terms, which can always be changed or updated by d-flight. The first version is identified with the numeric code 1.0.0. Each subsequent version will contain the number of the previous one and will contain the following formula: "Any version prior to this, produced in an equal or similar electronic form, is not valid and effective. Access to the Site and the use of the Services after the publication of any revisions will constitute consent to be constrained by such revisions. These General Terms of Contract may be amended under any specific contract terms that may be applied to a particular Service.

2 Definitions

In these General Conditions, we mean by:
SAPR": Remotely piloted aircraft system pursuant to the ENAC Regulation.
operator": The physical or legal person who is responsible for the operations.
non-specialized operations": Recreational activities carried out with SAPR for recreational or sporting purposes.
specialized operations": The activities that involve carrying out a service with an RPAS that can be paid or not, for professional purposes.
QR Code": The printable digital code to be applied on the APR and on the Ground Control Station for identification purposes pursuant to the ENAC Regulation.

"Drone Operation Area" (DOA): service through which the user can represent the area in which he intends to simultaneously use his APR, for non-critical operations in VLOS mode. By creating a DOA, the user verifies any interaction with established airspace reserves or other flight restrictions applicable to the volumes of space affected by the operation. The user can activate / deactivate the area when the flight operation is completed. The activated area will be visible on the d-flight maps to all other users who intend to operate nearby. Users without "authority" or "supervision" privileges will see, in addition to the area concerned, the "Operator Code" of the user owner of the active DOA.

"Drone Operation Plan" (DOP): service through which the user can represent the area in which he intends to use his APR in a certain future time horizon, for non-critical or critical operations. By creating a DOP, the user verifies any interaction with established airspace reserves or other flight restrictions applicable to the volumes of space affected by the operation. The inclusion of the PDO is subjected to a validation process carried out by d-flight. Validation does not in any way replace any authorization / approval processes carried out by the authorities in charge, in accordance with current legislation. The user can activate / deactivate the validated area when the flight operation is completed. The validated area will be visible on the d-flight maps to all other users who intend to operate nearby and in the same time window. Users without "authority" or "supervision" privileges will see, in addition to the area concerned, the "Operator Code" of the user owner of the PDO. The activated area will be visible on the d-flight maps to all other users operating nearby. Users without "authority" or "supervision" privileges will see, in addition to the area concerned, the "Operator Code" of the user owner of the PDO.

"Tracking": service through which the user can make his position visible and share it with d-flight users. Tracking can be activated / deactivated simultaneously and in association with the activation / deactivation of DOA and DOP.

In the case of activation of the tracking for the DOA, users without "authority" or "supervision" privileges will see, together with the position, the "User Id" of the user owner of the track. In the case of activation of the tracking for the PDO, users without “authority” or “supervision” privileges will be able to see, together with the position, the license plate of the vehicle used.

Regulated services": Services specifically attributed to d-flight under the Regulations published by ENAC on the use of Remotely Piloted Aircraft Systems (RPAS), commonly called" drones ". These include, by way of non-exhaustive example:
• Registration as a SAPR operator for recreational or professional use
• Issuance of the unique code (QR Code) for operator identification and SAPR (for purely recreational purposes)
•Release unique code (QR Code) for operator identification and SAPR (for professional or promiscuous use) purposes
• Static identification by means of the QR Code
•Consultation of limitations on the use of airspace established by ENAC

Unregulated services": All services offered through d-flight that do not fall within the previous definition; these include, by way of non-exhaustive example:
• Authentication, login credential management
• Input of your SAPR vehicles
• View the registry of your fleet
• Publication of maps with different viewing modes
• Value-added cartographic layers
• DOA, DOP, DOP validation, Tracking

3 Recording

3.1. In order to be able to access the Servicesand application features offered on the d-flight site, a preliminary registration to the Site is required, which includes the express acceptance of these General Terms. Registering to D-flight is the prerequisite for access to the regulated and unregulated Services offered, as well as to any other service that will either progressively be offered on the site or through other digital channels made available by d-flight. Registration as a SAPR operator is the prerequisite for operating its own unmanned aerial vehicles, under the ENAC Regulations.
Obtaining the unique code (QR Code) is the prerequisite, under the ENAC Regulation, for the correct recognition of registration as an operator and electronic identification of its SAPR vehicle.

3.2. For registration purposes, the user must transmit some personal data and information that will be processed in full compliance with the applicable privacy protection legislation (EU Regulation 2016/679 General Data Protection Regulation (GDPR) and any other applicable legal or regulatory provisions concerning the "Privacy Policy". These data will be processed by d-flight as reported in the specific information, available online on the d-flight website at the following link www.d-flight.it/portal/en/informativa-sul-trattamento-dati/. These data will be processed by d-flight as reported in the specific information, available online on the d-flight website at the following link

  • Accept the clauses of these General Conditions
    • consent to the processing of personal data in accordance with the Privacy Policy. The policies relatedto the protection of user privacy and d regardingthe processing of transmitted data are detailed in a separate document, available online on the d-flight site www.d-flight.it/portal/en/informativa-sul-trattamento-dati/

3.3 Please note that passwords are personal and non-transferable and that under no circumstances will D-Flight be held liable for damages resulting from the loss of passwords and from the incorrect use of the service or from the inability to use the service or part of it. The user of the service accepts that D-Flight may, if for security reasons deem it necessary and at its sole discretion, revoke the access privilege (password) and activate a procedure for "reassigning" the access keys after having checked again the identity of the entitled person.

3.4. the user accepts that the activities carried out on the website after accessing the reserved area may be monitored in order to maintain the performance of the service at an adequate level as well as to ensure the correct use of the service and to protect D- Flight or its users from abnormal use of the service. The content of the Log has the character of confidentiality and may be exhibited only and exclusively at the request of the competent Authorities.

3.5. if the user wants to register as an Operator, pursuant to Presidential Decree 445/2000, must send to d-flight: a copy of the identity document, clearly legible and valid, with a legible signature which must be the same visible in the identity document and report the registration user code to d- flight. If the operator is under the age of 18, he must also attach a signed scan of a valid document from the parent or guardian. If the operator is a legal personality, and is not its legal representative, he must also attach the proxy from the legal representative and a signed copy of his / her valid identity document (delegating). If the operator is a PA, and is not the Manager in charge, he must also attach the proxy of the Manager in charge and a signed copy of his / her valid identity document (delegating). It is not possible to register on behalf of other people. We remind you that false declarations or declarations made without the prior authorization of the entitled person are punishable under criminal law according to the provisions of articles 483 and 494 of the penal code. The user is responsible for providing accurate and correct registration information and d-flight assumes no responsibility for any errors, inaccuracies or omissions in such information or in the service resulting from any information provided by the user. The Customer, under his own responsibility, must therefore guarantee the correctness of the information provided in this regard, 

3.6. For the fees envisaged in relation to the different registration hypotheses, see the following Art. 5.

4 Services

4.1 At this date, the d-flight platform available on the Site provides, for example, the following services, depending on the case regulated or unregulated (the“SERVICES”):

  • Authentication, management of access credentials
    • Registration as a SAPR operator for recreational or professional use
    • Input of your SAPR vehicles
    • Issuance of the unique code (QR Code) for operator identification and SAPR (for purely recreational purposes)
    •Release unique code (QR Code) for operator identification and SAPR (for professional or promiscuous use) purposes
    •Viewing the master data of yourfleet: this feature allows you to
    •Static identification by QR-code
    •Publishing maps with different viewing modes
    •Consultation of limitations on the use of airspace established by ENAC
    •Declaration for operations in standard scenarios
  • Publication and consultation of value added cartographic layers
  • DOA, DOP, Tracking

For more details and information about the Services provided through the d-flight platform, please refer tothedescriptions accessible from the home page of www.d-flight.it.

5 Charges and payment methods

5.1 Each requested service is paid for the payment of a given amount, the amounts and methods of payment are specified below.

5.2 The rates charged for each service are as follows:

  • as regards regulated services, the rates are determined after approval by ENAC;
  • as regards non-regulated services, the rates are determined by d-flight, and may be updated from time to time, according to market conditions.

5.3 Registration to the d-flight site is free. It provides access to maps and related geo-information base services, including the consultation of the maps providing airspace restrictions established by ENAC and applicable to SAPR operations.

5.4 Registration to the site also allows the fulfillments of Art. 8. 1 of the ENAC Regulations:
(APT operators) employed for professional use, regardless of weight, and operators and/or owners of MASS APTs of 250 g or more used for recreational activities are obliged to register on the D-Flight portal and to put the QR identification code on the APR in accordance with the provisions of Article 37;

– The UAS riders used for professional use, regardless of weight, and UAS riders with operative mass at take off including payload equal to or greater than 250 g used for recreational activities are required to obtain a certificate of competence in accordance with the requirements of article 20 below and the provisions referred to in Article 37.

5.5 Registration as an SAPR Operator for non-specialized operations (such as recreational activities) is free.

5.6 Registration as SAPR Operator for specialized operations provides for a fee of € 19.67 + VAT per year.

5.7 The release of the QR Code for the identification of the operator and the SAPR used for non-specialized operations only, or, in the context of specialized operations, for intrinsically harmless SAPR (pursuant to ENAC Ed. 3, art.12 paragraph 5 ) or with certification of harmlessness (pursuant to ENAC Ed. 3, art 12. paragraph 1) or MTOW less than 250gr, provides for a fee of € 4.92 + VAT for each SAPR you intend to operate (QR CODE BASE).

5.8 The release of the QR Code for the identification of the operator and the SAPR, used in the context of specialized operations, critical or non-critical, of MTOW greater than or equal to 250gr or that does not fall into the categories of harmlessness identified by art. 12 paragraph 1 and paragraph 5 of the ENAC Regulation Ed. 3, provides a fee of € 78.68 + VAT for each SAPR that is to be operated (QR CODE PRO).

5.9 The annual fees for registrations as SAPR Operator, when applicable, are paid in a single solution at the activation of the registration as SAPR Operator. After the annual validity period expires (that is, 365 days since the activation date), in order to keep the registration as SAPR Operator valid, the user will be able to renew the payment for the following year. D-flight will report 30 (thirty) days in advance as the deadline approaches.

5.10 In order to comply with the payment of the fees of the requested services, the user will be able to purchase credits in the form of "d-coins" on the d-flight portal. Each d-coin has a nominal value of 1€ VAT included, and does not expire within the validity limits of this agreement. The credit purchased is not available to another user. D-coins can only be used under the d-flight platform for the payment of the necessary fees, where provided.

6 Intellectual rights

6.1 Every right to the content (for example text, images, multimedia materials and architecture) of the Site is reserved under the current regulations.

6.2 The contents of the pages of the Site can not, either entirely or in part, be copied, reproduced, transferred, uploaded, published or distributed in any way without the prior written consent of the d-flight company, except the possibility to keep them in memory on your computer or to print excerpts of the pages of this Site only for personal use. "d-flight" is a registered trademark owned by ENAV S.p.A. The trademarks and logos that appear on this site are trademarks (the "Brands"). The website, graphics, texts are subject to Copyright by the owner of the brand (all rights reserved).

6.3 Trademarks, copyrighted statements, images and any other form of communication are prohibited unless d-flight is authorized.

6.4 The name "d-flight" cannot be used as the internet address of other sites, or as part of those addresses.

6.5 This name cannot even be contained within the html codes (or different compilation languages) of the various pages of other sites: in fact, their use within the so-called meta-tags by third parties is prohibited.

6.6 Any form of link to this Site, if entered by third parties, must be expressly authorised by d-flight

6.7 Cd is prohibited deep linking i.e. the use, on third-party sites, of parts of the Site or, in any case, the direct link to the pages without going through the home page of the Site.

6.8 d-flight does not take any responsibility for services offered by third parties with which the Site has activated a link link, and for any other content, information or anything contrary to the laws of the Italian state present in the resource of the third party linked to the link attachment.

6.9 Any non-compliance with these provisions, subject to explicit written permission, will be pursued by legal norms in the relevant judicial offices.

6.10 The texts, information, other data published or accessible by form on this site are for informational purposes only and are not official, unless otherwise arranged under the current legislation.

6.11 Within the limits above, d-flight assumes no responsibility for the different use of data and information found on this site.

7 Data usage and information limits - license

7.1 temporarily download a copy of the materials (information or software) from the Services only for personal transient viewing and not for commercial use. The granting of the license of use in the terms described here does not constitute a transfer of title to the Site, the Services or the content and information present on the Site (the "Contents"). Under this license, the following is not allowed:

  • modify or copy the contents;
    • use Content for commercial purposes or for public (commercial or non-commercial) exhibitions;
    • attempt to decompile or reverse engineer the softwarecontained in the Services; This license and the right to access the Services will automatically terminate in the event of a violation of any of these General Conditions.

8 Responsibilities of the SAPR user and operator

8.1 You are responsible for providing accurate and correct registration information and d-flight takes no responsibility for any errors, inaccuracies or omissions in that information or service resulting from any information provided by the user

8.2 Before using a SAPR it is important to inquire and understand the current and applicable legislation, including for local and/or regional restrictions, regardless of flight intent, recreational or professional.

8.3 It is the operator's responsibility:
- Ensure that the flight is in full safety, in accordance with existing regulations and the constraints and restrictions of the airspace in place of use;
- observe the context in which you intend to fly and the exact knowledge of weather and geomagnetic conditions;
- ensure that the use of SAPR is not a danger to yourself and others;
- ensure that the rules on insurance for the vehicle are complied with;
- ensure that the staff employed in the transaction have the qualifications and requirements of the applicable regulations.

8.4 d-flight provides the operator with links to useful regulatory references such as issued regulations, and provides guides and FREQUENTLY asked questions (FAQs) to better understand existing regulations and use the services offered correctly. For more information, please refer to the pages accessible from the home page of the web sitewww.d-flight.it.

NOTE THAT D-FLIGHT DOES NOT ASSUME ANY LIABILITY IN CONNECTION WITH AN EVENTUAL NON-COMPLIANCE BY THE OPERATORS OF THE APPLICABLE LAWS AND TO POSSIBLE IMPROVED USES OF THE SAPR, AS IN RELATION TO ANY DAMAGE THAT ANY OPERATOR MAY BE WITH REGARDS TO EVENTS OR CIRCUMSTANCES TO THE OUTSIDE THE SAME D-FLIGHT CONTROL.

9 Changes to services

9.1 The party acknowledges and accepts that d-flight may be required to change the extent of the Services due to changes in the law or decisions by the relevant government authorities. If these changes apply in a way that could affect or compromise paid Services, d-flight assumes no responsibility and is not obligated to make any full or partial refund of any payment you make for paid services.

10 Withdrawal from services – profile cancellation

10.1 The Customer may withdraw from the use of the Services at any time through the online procedure for canceling their users. Upon confirmation of the intent to delete the user, a period of 30 (thirty) days follows, during which the profile is kept pending, without the possibility of access by the user. In this time interval, the user can, at any time, immediately reactivate his / her user, without losing any of the data provided and the fees paid. After 30 (ninety) days, the profile will be permanently made inaccessible. However, for regulatory reasons, the data provided for registration as an SAPR operator and issued QR code will be retained on the d-flight systems and processed in compliance with the Privacy Law and the privacy policy, available online on the d-flight website at the following link www.d-flight.it/portal/en/informativa-sul-trattamento-dati/. Any requests for deletion of such data will be addressed directly to ENAC, owner of the SAPR operator register and their SAPR.

10.2 d-flight may unquestionably proceed to the cancellation of users following an established and manifest violation of the Terms and Conditions hereby represented.

11 Force Major

11.1 Major Force event: refers to any event, which cannot be controlled by a Party, which is designed to prevent or significantly limit the provision of the Services, such as but not exhaustive: strikes; wars; coups; embarghi; vandalism and terrorist acts; epidemics; pandemics; floods or floods; earthquakes; other natural disasters; explosions; fires; blackouts of telephone lines or the internet, power lines or communication systems, as long as they are not specific to the Party, but on a largescale.

11.2 In the event of defaults or delayed compliance with the obligations of the Agreement dependent on the recurrence of a Force Major Event, the fulfillment of those obligations will be suspended for as long as the Major Force Event lasts.

11.3 The Party That Invokes the Major Force Event:
a) will promptly notify the other Party, as soon as possible, of the occurrence of the Major Force Event, specifying the date on which the event began, also providing all known information and an estimate of the possible impacts and the duration of the same;
b) will make every reasonable effort to reduce the effects of the Major Force Event by reserving the right to have the bonds affected by the event run to third parties;
c) will promptly and in writing announce the termination of the Force Major Event, thus resuming the fulfillment of its obligations.

11.4 No Party may be deemed to be in default of its obligations under the Agreement if the default or delayed compliance is due to a Force Major Event communicated to the other Party under the terms of this Article. It is also understood that the deadline spree for the execution of the bonds affected by the Force Major Event will be extended for a period of no less than the duration of that event.

11.5 With the above in mind, d-flight will implement all actions that can reasonably be taken in order to limit or neutralize, as possible, the effects of a Major Force Event.

12 Applicable law and disputes

12.1 These General Terms and Conditions, any special conditions of certain services, the rights and obligations arising from the relationship between the user and d-flight will be governed by Italian law.

12.2 Any action or dispute arising from or in connection with these General Terms, any special conditions of certain services, the rights and obligations arising from the relationship between you and d-flight, will be devolved to the sole jurisdiction of the Court of Rome.

Ed. 2.0.0 del 15/11/2020

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D-FLIGHT S.p.A.
Via Salaria, 716 – 00138 Roma
Partita I.V.A. 14996981008
Reg. Imp. Roma – REA 1560988

Copyright © d-flight 2020 All rights reserved