Terms of Use
1. General Provisions
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Sidekik is a platform that motivates paragliding pilots to actively fly by providing challenges and competitive features for clubs and other organized flying groups. The platform offers a way for paragliding pilots to share their experiences and challenge each other through competitions.
Sidekik’s target group includes paragliding pilots and clubs from Austria, Germany, Switzerland, Italy and around the globe.
Platform Operator:
Sidekik
Bernhard Fercher
Mitterweg 96a, 6020 Innsbruck, Austria
Contact: hi@sidekik.cloud
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2. Registration and Use
2.1 Limited use without registration:
The platform can be used to a limited extent without registration.
2.2 Full use after registration:
Full use of the platform requires registration. Users must provide the following information:
• Name
• Email address
• Username
• Country
• Gender (optional)
• Password
• Club (optional)
2.3 Confirmation of rights:
By uploading GPS tracks, photos, and comments, users confirm that they own all rights to the content.
2.4 Granting of usage rights:
By uploading IGC or GPX files, photos, and comments, users grant Sidekik a simple, non-exclusive, worldwide, and perpetual right to use this content in connection with the platform, including for marketing and advertising purposes. The users’ copyright remains unaffected.
2.5 Account deletion:
Users who upload harmful content or violate platform rules may be deleted without prior notice.
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3. Code of Conduct
3.1 Respectful behavior:
All users are required to treat others respectfully. Offensive, discriminatory, or otherwise inappropriate content is prohibited.
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3.2 No harmful content:
It is not permitted to upload content that could cause legal, technical, or emotional harm.
3.3 Ownership of content:
Users must own the rights to the content they upload. Copyrighted material may not be shared without permission.
3.4 No advertising:
Publishing advertisements on the platform is not permitted.
3.5 Photos and flights:
Photos may only be shared in connection with uploaded flights. Sidekik reserves the right to use uploaded flights for marketing purposes.
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4. Disclaimer of Liability
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4.1 Liability for content:
Sidekik assumes no responsibility for content uploaded by users. Users are solely responsible for the content they share.
4.2 Platform availability:
Sidekik does not guarantee continuous availability of the platform. However, it will make every effort to ensure uninterrupted service.
4.3 Liability for outages:
Sidekik is not liable for technical outages beyond its control or for losses resulting from the use of the platform, to the extent legally permitted.
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5. Club Subscription
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5.1 Description of the Subscription
Sidekik offers paid Club Subscriptions (e.g. Silver, Gold) that allow clubs to access additional functions and benefits on the platform.
5.2 Fees, Term and Payment
The applicable prices and subscription terms are published on the website and apply at the time of subscription. Payment is due in advance for the entire subscription term. Invoices are payable immediately without deduction. If payment is overdue by more than 14 days, Sidekik reserves the right to temporarily suspend the club’s access until the outstanding amount has been settled.
5.3 Member Limits and Add-on Packages
Each subscription is limited to a defined number of club members. Exceeding this limit is only permitted through the purchase of add-on packages or by upgrading to a higher tier. The club is responsible for keeping its member count within the chosen plan.
5.4 Termination and Downgrade
The club subscription can be terminated up to 30 days before the end of the current term. Without timely termination, the subscription will automatically renew for the same period. A downgrade to a lower tier is only possible at the end of the current term.
5.5 Changes
Sidekik reserves the right to change the scope of features or the prices of club subscriptions. Such changes will only take effect at the beginning of the next term and will be communicated in writing (e.g. by email) at least 30 days in advance.
5.6 Refunds
Refunds are excluded unless a statutory right to a refund exists.
5.7 Use and Transfer
The club subscription may only be used by the registered club for the agreed purposes. Transfer to third parties is not permitted.
5.8 Sponsor and Public Content
Clubs that use sponsor or public challenge functions are solely responsible for the legality of the logos, trademarks, and content they provide. The club ensures that it holds the necessary rights for such use and indemnifies Sidekik against any third-party claims arising from the use of such content.
6. Subscriptions for End Users
6.1 Description of subscriptions:
In addition to club subscriptions, Sidekik offers paid subscriptions for end users that provide access to premium content, advanced features, and special benefits on the platform.
6.2 Costs and contract duration:
Prices and durations of the end-user subscriptions are stated at the time of subscription. Payment is made in advance for the selected term (e.g., monthly or yearly).
6.3 Termination:
The subscription can be canceled at any time before the current term ends. If not canceled in time, the subscription will automatically renew for the same term.
6.4 Changes:
Sidekik reserves the right to change the features, prices, and terms of the end-user subscriptions. Changes will be announced at least 30 days before they take effect.
6.5 Refunds:
Refunds are generally excluded unless there is a legal entitlement.
6.6 Usage:
Subscriptions are personal and may not be transferred to third parties. Use is for private purposes only.
6.7 Liability and warranty:
Sidekik does not guarantee that premium content and features will be available at all times without interruption. Liability for damages resulting from the use of subscriptions is excluded to the extent legally permitted.
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7. License Agreement and Usage Restrictions
7.1 Scope of license:
Use of Sidekik is based on a personal, non-transferable license. The license is solely for personal use on the user’s own devices and may not be transferred, sold, shared, or used by multiple users simultaneously.
7.2 Usage restrictions:
It is prohibited to reproduce, copy, modify, reverse engineer, decompile, or create derivative works from the Sidekik platform or its content, except where expressly permitted by applicable law. It is also prohibited to use any content, materials, or functions from Sidekik in a manner that violates applicable law or these terms of use.
7.3 Termination of license:
This license automatically terminates if the user violates any of the terms mentioned herein. In such cases, Sidekik reserves the right to restrict or suspend access to the platform and its content without prior notice.
7.4 Limitations of liability and warranty disclaimers:
Sidekik provides the platform “as is” and “as available.” No guarantee is given for constant availability or error-free usage. Sidekik accepts no liability for damages resulting from the use of the platform or its content, to the extent legally permitted. In countries where certain liability limitations are not allowed, only the legally permissible limitations apply.
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8. Governing Law & Jurisdiction
8.1 Governing Law
These Terms of Use are governed by Austrian law, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.
8.2 Jurisdiction
For all disputes arising out of or in connection with these Terms of Use, the competent court at the registered seat of Sidekik in Innsbruck, Austria, shall have exclusive jurisdiction.