Terms of Service

1. Who we are

The Service is operated by DropOnAir, a company registered in the Netherlands (Chamber of Commerce / KVK number 42031321). In these Terms, "DropOnAir", "we", "us", and "our" refer to that company. "You" and "your" refer to the individual or organisation that holds an account or uses the Service.

2. The Service

DropOnAir provides communication primitives, messaging, voice and video calling, groups, broadcast, file attachments, and real-time delivery, that developers integrate into their own applications through our SDKs and APIs.

The platform operates as an encrypted relay. For end-to-end encrypted traffic, we transport encrypted payloads between participants and do not hold the encryption keys or have access to the plaintext content of those messages or calls. You remain responsible for how encryption is configured and used in your application.

3. Accounts and eligibility

You must provide accurate account information and keep it up to date. You are responsible for safeguarding your credentials, API keys, and access tokens, and for all activity that occurs under your account. You must be at least 18 years old, or the age of majority in your jurisdiction, and have authority to bind the organisation you represent.

4. Acceptable use

You agree not to use the Service to:

• break any applicable law or regulation, or infringe the rights of others;
• transmit unlawful, harmful, or abusive content, or facilitate it;
• send unsolicited bulk messages or otherwise abuse messaging or calling capabilities;
• attempt to gain unauthorised access to the Service, other accounts, or our systems;
• probe, scan, or test the vulnerability of the Service without our prior written consent;
• reverse engineer, decompile, or attempt to extract the source code of the platform, except to the extent this restriction is prohibited by law;
• resell or sublicense the Service except as expressly permitted; or
• exceed documented rate limits or otherwise place an undue burden on the Service.

5. Your responsibilities

You are responsible for your application and for the conduct of your end users. Where you process personal data of your end users through the Service, you act as the data controller and DropOnAir acts as a data processor on your behalf. You must have a lawful basis for that processing, provide your own end users with appropriate notices and terms, and obtain any consents required by law.

You are responsible for managing encryption keys within your application and for the security of devices and systems under your control.

6. Plans, billing, and payment

Paid plans and usage-based charges are described on our pricing page. Fees are billed in advance for subscription components and in arrears for usage-based components, through our third-party payment processor. Unless stated otherwise, fees are exclusive of applicable taxes, which you are responsible for.

Subscriptions renew automatically for successive periods until cancelled. If a payment fails or is overdue, we may suspend or limit the Service after reasonable notice. Except where required by law, fees already paid are non-refundable.

7. Free tier and trials

We may offer a free tier or trial with limited capacity. Free and trial use is provided "as is" and may be changed, limited, or discontinued at any time. We may apply fair-use limits to protect the Service for all customers.

8. Suspension and termination

You may stop using the Service and close your account at any time from your dashboard. We may suspend or terminate access if you materially breach these Terms, if required by law, or to protect the Service or other users. On termination, your right to use the Service ends and your data is handled in line with our data retention practices and the Privacy Policy.

9. Changes to the Service

We continuously improve the Service and may add, change, or remove features. We aim to avoid breaking changes to published, versioned interfaces without reasonable notice. Beta or preview features are provided "as is" and may be withdrawn at any time.

10. Intellectual property

DropOnAir and its licensors own all rights in the platform, SDKs, documentation, and brand. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the SDKs and Service in accordance with these Terms and our documentation. You retain all rights in your own application and content. You grant us the limited rights needed to operate and provide the Service to you.

11. Confidentiality

Each party may receive confidential information from the other. The receiving party will use it only to provide or use the Service and will protect it with at least reasonable care. This does not apply to information that is public, independently developed, or rightfully received from a third party.

12. Warranties and disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

13. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total aggregate liability arising out of or relating to the Service is limited to the amounts you paid to us for the Service in the twelve months before the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded by law.

14. Indemnification

You agree to indemnify and hold DropOnAir harmless from claims, damages, and costs arising from your application, your content, your end users, or your breach of these Terms or applicable law.

15. Data protection

Our handling of personal data is described in the Privacy Policy. Where DropOnAir processes personal data on your behalf, a Data Processing Agreement (DPA) governs that processing and is available to customers on request via info@droponair.com.

16. Governing law

These Terms are governed by the laws of the Netherlands. The competent courts of the Netherlands have exclusive jurisdiction over any dispute arising from or relating to these Terms or the Service, without prejudice to mandatory consumer protection rules that may apply.

17. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, for example by email or in the dashboard. Continued use of the Service after changes take effect means you accept the updated Terms.

18. Contact

Questions about these Terms can be sent to info@droponair.com.