General Terms and Conditions

Version: September 2026 · Applies to services of DUESSIL.systems and the DESPYR brand. Convenience translation: the German version is legally binding.

1. Scope

These General Terms and Conditions (GTC) apply to all contracts between

– hereinafter the “Provider” – and its customers. DESPYR is a brand of DUESSIL.systems; contracts for DESPYR services are concluded with the Provider.

The GTC are directed at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. They apply to consumers only insofar as they do not conflict with mandatory statutory provisions; consumers receive separate information on their right of withdrawal. Deviating or supplementary terms of the customer become part of the contract only if the Provider has expressly agreed to them in text form.

2. Services

The Provider renders in particular the following services; the specific scope results from the respective quotation or order confirmation:

• IT services: Planning, set-up, operation and maintenance of server, storage, network and security infrastructure, cloud and backup solutions, monitoring, support and consulting.
• Supply of hardware and software: Sale of new and used IT components and brokerage of third-party software licences.
• DESPYR DEFENSE: Mobile drone detection as a service – site assessment, deployment planning, set-up and operation of detection equipment, live air picture, alerting via agreed reporting chains and deployment documentation.
• DESPYR AERIAL: Drone services – mapping, surveying, inspection, thermography and documentation including analysis and data delivery.

Service descriptions, data sheets and statements on the websites do not constitute guarantees in the legal sense unless expressly designated as such.

3. Quotation and conclusion of contract

Quotations of the Provider are non-binding unless marked as binding; binding quotations are valid for 30 days from the quotation date. The contract is concluded by the Provider's order confirmation in text form (email suffices), by both parties signing an order, or by commencement of performance. There are no oral side agreements.

For DESPYR detection deployments the scope of services is defined on the basis of a site assessment and quoted as a fixed price per deployment day or period. Statements on detection performance and range are made only after this assessment and refer to the conditions documented there.

4. Customer's duties to cooperate

The customer provides all information, access, approvals and contact persons required for performance in good time and free of charge. For on-site deployments the customer ensures in particular:

• access to the site, suitable space for equipment and staff and, where agreed, a power supply;
• the appointment of contact persons for event or site security and advance information of the security service and competent authorities about the Provider's role and authority to report;
• obtaining the permits and consents within the customer's area of responsibility (e.g. owner, operator or event permits, overflight and recording permissions for drone services);
• a current data backup before any intervention in the customer's IT systems, unless the Provider has expressly taken over the backup.

Delays or additional expense resulting from omitted or late cooperation are borne by the customer; agreed dates are postponed accordingly.

5. Special terms for drone detection (DESPYR DEFENSE)

Passive service. The Provider detects, assesses, reports and documents drone activity. Active interference with radio or air traffic (e.g. jamming, takeover, interception of aircraft) is not part of the service and is reserved for government authorities. The Provider does not assume the duties of a security guard company and takes no measures against persons.

Reporting chains and decisions. The Provider delivers the air picture and recommendations and reports to the security service, incident command and police according to the escalation levels agreed with the customer. Decisions on operational measures are taken by the customer; sovereign measures by the competent authorities. In case of imminent danger to persons the Provider is entitled to alert the police without prior consultation.

Detection performance. Detection technology is subject to physical and technical limits (terrain, buildings, radio environment, weather, aircraft type). Complete detection of all aircraft cannot be guaranteed and is not owed. What is owed is the professional operation of the agreed sensors by trained staff in accordance with the concept documented in the assessment.

Confidentiality. Sensor locations, methods, configurations and deployment details are trade secrets of the Provider and are discussed exclusively with the customer. Where required, the parties conclude a separate non-disclosure agreement.

6. Special terms for drone services (DESPYR AERIAL)

Flights are conducted in accordance with applicable aviation law (in particular Regulation (EU) 2019/947, the German Air Traffic Regulations (LuftVO) and the German Aviation Act (LuftVG)). The Provider supplies remote pilots with the required certificates, registered aircraft and the statutory liability insurance. The customer ensures that overflight and recording of the object are permitted and obtains any third-party consents required.

The Provider decides on site and on its own responsibility whether a flight can be carried out. If a flight has to be aborted or postponed for safety, weather or aviation-law reasons, the Provider is not in default; services already rendered, travel and set-up time are remunerated as agreed, and a replacement date is arranged.

Results (recordings, models, measurement data, reports) are delivered in the agreed formats. Accuracy and resolution figures apply to the parameters and conditions defined in the order.

Recordings, data protection and confidentiality in drone services

Recording principle. Recordings are limited to the commissioned object or area. Persons, vehicle registration plates and third-party property that are unavoidably captured are rendered unrecognisable before delivery unless required for the purpose of the order. Flights over assemblies of people are not part of the service.

Private customers and residential property. The customer confirms its right of disposal over the object and informs the immediate neighbours before the flight about time, duration and purpose; DESPYR provides a neighbourhood notice for this purpose. The customer is responsible for obtaining the property owner's consent under Section 21h LuftVO unless the customer is the owner.

Companies and organisations. Before the flight the customer designates areas that must not be recorded (exclusion zones) and approves recordings before they are passed on to third parties. DESPYR treats all recordings as confidential information within the meaning of a non-disclosure agreement concluded with the customer; for operators of critical infrastructure the additional protective measures agreed there apply.

Raw data. Recordings and raw data are stored exclusively on systems controlled by DESPYR and deleted after the period agreed in the order; on request the customer receives a deletion confirmation. Use for DESPYR's own purposes, in particular references or advertising, requires the customer's consent.

Publication. The customer is responsible for checking personal, copyright and property rights when publishing or passing on the recordings.

7. Prices and payment

All prices are in euros plus statutory VAT. Unless otherwise agreed, travel, accommodation and transport costs as well as waiting times not attributable to the Provider are charged on a time-and-materials basis. For deployments the Provider may request reasonable advance payments.

Invoices are due for payment without deduction within 14 days of the invoice date. After expiry of this period the customer is in default without further reminder; statutory default interest applies (Section 288 BGB). The customer may set off only undisputed claims or claims established by final judgment.

8. Dates, cancellation and postponement of deployments

Agreed deployment and delivery dates are binding insofar as they have been confirmed as such. If the customer cancels or postpones a confirmed deployment (detection or drone service), the following flat rate as a percentage of the agreed deployment price applies unless otherwise agreed, in each case less saved expenses and subject to the customer proving a lower loss:

• more than 14 days before the start of deployment: free of charge;
• 14 to 7 days before the start of deployment: 50 %;
• less than 7 days before the start of deployment: 80 %;
• less than 48 hours before the start of deployment or no-show: 100 %.

If an event is cancelled due to an official prohibition or force majeure (Section 13), only the services rendered and expenses proven up to that point are charged.

9. Retention of title and rights of use

Delivered goods remain the property of the Provider until paid in full. Third-party software is additionally subject to the respective manufacturer's licence terms.

Upon full payment the customer receives a simple, perpetual right to use work results (e.g. reports, recordings, models, concepts) for the purpose contemplated in the contract. The Provider remains entitled to continue using the underlying methods, templates and know-how. The customer is named as a reference only with its consent.

10. Warranty

The Provider renders services in accordance with the state of the art and with the care of a proper specialist business. Defects in work performance and deliveries must be notified without delay in text form. The Provider is first entitled to subsequent performance; for deliveries it chooses between rectification and replacement. If subsequent performance fails, the customer has its statutory rights.

Towards entrepreneurs the warranty period for new goods and work performance is twelve months from delivery or acceptance; for used goods the warranty is excluded. This does not apply to claims for injury to life, body or health, in cases of intent or gross negligence, fraudulently concealed defects, or under guarantees and product liability. No warranty exists for defects resulting from improper use, interventions by the customer or third parties, or circumstances beyond the Provider's control.

11. Liability

The Provider is liable without limitation in cases of intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act and to the extent of guarantees assumed.

In the event of slightly negligent breach of essential contractual obligations (obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely), liability is limited to the foreseeable damage typical for the contract, but at most to the order value of the affected order. Otherwise, liability for slight negligence is excluded.

For loss of data the Provider is liable only to the extent that would have occurred even with proper, regular data backup by the customer. The Provider is not liable for damage caused by undetected aircraft, by actions of third parties, or by decisions of the customer or authorities based on the air picture, provided the Provider has rendered its service in accordance with Section 5. The above limitations also apply to the personal liability of the Provider's employees, representatives and agents.

12. Confidentiality and data protection

The parties treat all confidential information of the other party obtained in the course of the cooperation as confidential; details are governed, where required, by a separate non-disclosure agreement. Insofar as the Provider processes personal data on behalf of the customer, the parties conclude a data processing agreement under Article 28 GDPR. Deployment data are deleted after the periods agreed in the order. Further information is provided in the privacy policy.

13. Force majeure

Events beyond the Provider's control that substantially impede or prevent performance – in particular natural events, extreme weather, official orders, strikes, disruptions of supply or communication networks, failure of suppliers despite congruent cover – release the Provider from its obligation to perform for the duration of the disruption. If the disruption lasts longer than four weeks, either party may withdraw from the affected order.

14. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law or a special fund under public law, Amberg is the exclusive place of jurisdiction; the Provider remains entitled to sue at the customer's general place of jurisdiction. The contract language is German; this English version is a convenience translation and the German text prevails.

Amendments and supplements to the contract require text form. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected; the statutory provision applies in place of the invalid provision.