Terms of Service

These Terms of Service (“Terms”) govern the use of the LoconIQ platform and services. Please read them carefully before using LoconIQ.

1. Introduction

1.1 LoconIQ GmbH, with its registered office in Austria, operates a spatial intelligence and localization platform (the “LoconIQ Platform”).

1.2 The LoconIQ Platform provides real-time 3D localization, sensor integration, and digital twin capabilities for industrial, logistics, and regulated environments. Depending on the deployment model, the Platform may be provided as an on-premises system, hybrid deployment, or hosted service.

1.3 These Terms apply exclusively to business entities, organizations, and their authorized employees or representatives (collectively, “Customers”). These Terms do not apply to consumers within the meaning of EU consumer protection laws.

2. Definitions

2.1 Customer – The legal entity entering into a contract with LoconIQ for use of the Platform.

2.2 User – A natural person authorized by the Customer to access and use the Platform.

2.3 Platform – The software, hardware components, firmware, analytics systems, APIs, and related services provided by LoconIQ.

2.4 Subscription / License – The agreed commercial model granting access to the Platform, which may include recurring fees, per-use licensing, or hardware-related components.

2.5 Support Services – Technical support, onboarding, maintenance, and assistance provided by LoconIQ.

3. Scope of Application

3.1 These Terms govern all contractual relationships between LoconIQ and Customers regarding use of the Platform.

3.2 Conflicting or deviating terms of the Customer shall not apply unless expressly agreed in writing.

3.3 Individual agreements, including master service agreements (MSA), statements of work (SOW), or purchase agreements, take precedence over these Terms.

4. Subject of the Contract

4.1 LoconIQ grants Customers a non-exclusive, non-transferable, time-limited right to use the Platform in accordance with these Terms.

4.2 The Platform may include hardware and on-premises components. Ownership of hardware transfers only if explicitly agreed; software and intellectual property remain with LoconIQ.

4.3 LoconIQ continuously develops and improves the Platform. Customers are entitled to use the current supported version, subject to compatibility with deployed systems.

4.4 No transfer of source code or underlying system architecture occurs unless explicitly agreed.

5. Services of LoconIQ

5.1 Deployment & Operation – The Platform may be deployed on-premises within the Customer’s infrastructure or provided as a managed service. Customers are responsible for providing suitable infrastructure where required.

5.2 Availability – LoconIQ undertakes commercially reasonable efforts to ensure system availability. Maintenance windows will be communicated where feasible.

5.3 Updates & Improvements – LoconIQ may provide updates, patches, and enhancements. Certain updates may require coordination with the Customer in on-prem environments.

5.4 Support – Support services are provided according to the agreed service level (e.g., SLA), typically via email or ticketing system during defined business hours.

5.5 Exclusions – LoconIQ does not provide operational, safety, legal, or regulatory decision-making services. The Platform is a tool; all operational decisions remain the responsibility of the Customer.

6. Fees and Payment

6.1 Fees are defined in the applicable commercial agreement and may include hardware fees, subscription fees, and usage-based charges.

6.2 All fees are exclusive of VAT or other applicable taxes unless stated otherwise.

6.3 Payments must be made in accordance with agreed terms (e.g., invoicing, bank transfer).

6.4 In case of late payment, LoconIQ reserves the right to suspend services or withhold support after prior notice.

6.5 LoconIQ may adjust recurring fees upon renewal with reasonable prior notice (typically 30 days), unless otherwise contractually fixed.

7. Grant of Rights

7.1 Customers receive a limited right to use the Platform for internal business purposes.

7.2 Customers may not:

• Copy, modify, or reverse-engineer the Platform

• Resell, sublicense, or make the Platform available to unauthorized third parties

• Use the Platform for unlawful or harmful purposes

7.3 All intellectual property rights remain exclusively with LoconIQ or its licensors.

8. Customer Obligations

8.1 Customers are responsible for ensuring that only authorized Users access the Platform.

8.2 Customers must ensure proper installation, operation, and security of on-premises infrastructure where applicable.

8.3 Customers shall comply with all applicable laws and regulations, including data protection laws such as the General Data Protection Regulation.

8.4 Customers are responsible for data accuracy, operational decisions, and maintaining backups unless otherwise agreed.

9. Term and Termination

9.1 The term begins as specified in the applicable agreement.

9.2 Agreements renew automatically unless terminated in accordance with agreed notice periods.

9.3 Either party may terminate for cause, including material breach, non-payment, or insolvency.

9.4 Upon termination:

• Access to the Platform is revoked

• Customer data may be made available for export for a limited period

• Thereafter, data may be deleted unless retention is legally required

10. Data Protection and Confidentiality

10.1 Each party shall comply with applicable data protection laws.

10.2 Where LoconIQ processes personal data on behalf of the Customer, a Data Processing Agreement (DPA) shall apply.

10.3 In many deployments, Customers act as data controllers for operational data processed within their own infrastructure.

10.4 Both parties agree to treat confidential information as strictly confidential and use it only for contractual purposes.

11. Liability

11.1 LoconIQ is liable in accordance with applicable Austrian and EU law.

11.2 LoconIQ shall not be liable for indirect damages, including loss of profit, unless caused by intent or gross negligence.

11.3 To the extent permitted by law, total liability is limited to the fees paid by the Customer in the 12 months preceding the claim.

11.4 Nothing limits liability for:

• Intent or gross negligence

• Personal injury or death

• Mandatory statutory liability

12. Amendments to Terms

12.1 LoconIQ may update these Terms to reflect changes in law, technology, or services.

12.2 Material changes will be communicated with reasonable notice.

12.3 Continued use after such changes constitutes acceptance.

13. Final Provisions

13.1 These Terms are governed by the laws of Austria, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

13.2 The competent court at the registered seat of LoconIQ shall have jurisdiction, unless mandatory law provides otherwise.

13.3 If any provision is invalid, the remaining provisions remain unaffected.

13.4 Customers may not assign rights or obligations without prior written consent from LoconIQ, except in the case of corporate restructuring.