Terms of Service
Last updated: May 2026
1. Scope
These General Terms and Conditions ("GTC") govern the use of the web-based roof measurement service "Roofy" (the "Service"), operated by FNPlan GmbH, Auhof 5, 8853 Lachen SZ, Switzerland (the "Provider"). By registering for and using the Service, the User accepts these GTC. Roofy is primarily aimed at commercial users (roofers, solar installers, architects, surveying offices, scaffolders). The following clauses assume a business-to-business relationship (B2B). To the extent the Service is exceptionally used by consumers within the meaning of Art. 32 para. 2 of the Swiss Civil Procedure Code (CPC), mandatory consumer-protection rules prevail over these GTC; in particular, the consumer's place of residence as forum under Art. 32 in conjunction with Art. 35 para. 1 lit. a CPC remains unaffected, and clauses that — pursuant to Art. 8 UCA — cause a significant and unjustified imbalance to the consumer's detriment shall be inapplicable to that extent.
2. Service Description
Roofy is a web-based service for drone-based roof measurement. Users upload drone images, interactively define roof surfaces, and receive automated area measurements, inclination angles, edge lengths, and a PDF report. The results serve as a planning basis.
3. Registration and Account Management
Use of the Service requires registration with a valid name and email address. The user is responsible for keeping their login credentials confidential. The user agrees to provide truthful information during registration.
4. Drone Operation, Upload Authorisation and Third-Party Data Protection
4.1 Drone-operation responsibility: As drone pilot or operator, the User is solely responsible for compliance with Swiss drone regulations of the Federal Office of Civil Aviation (FOCA / BAZL) and with EU Drone Regulation (EU) 2019/947, applicable in Switzerland since 1 January 2023, as well as for the mandatory third-party liability insurance with a minimum coverage of CHF 1 million (for drones from 250 g). 4.2 Upload authorisation: With each upload, the User confirms that they are entitled to process the uploaded images — namely, as owner, commercial contractor (e.g. with a roofing mandate), or with the building owner's consent. 4.3 Third-party data protection: Drone imagery may show persons, vehicles, license plates, or private property of third parties (neighbouring buildings, gardens). For such imagery, the User is the controller within the meaning of Art. 5 lit. j revFADP and bears the duty to respect third-party personality and data-protection rights (in particular Art. 28 SCC and the processing principles of Art. 6 revFADP). The Provider is processor within the meaning of Art. 5 lit. k revFADP and processes the imagery solely on the User's instructions for service delivery. The User shall hold the Provider harmless internally from third-party claims attributable to a User-caused violation of third-party personality or data-protection rights. 4.4 Prohibited content: Uploading imagery of military, security-relevant, or BAZL-restricted objects (e.g. airports, nuclear power plants, embassies) is prohibited. The Provider reserves the right to remove such uploads and to suspend the account in case of repeated violations.
5. Subscription, Payment and Automatic Renewal
5.1 Access: Access to the measurement tool requires an active subscription. Current prices are listed on the Pricing page. Payment is made in advance via the payment service provider Stripe Payments Europe Ltd. 5.2 Automatic renewal: The subscription automatically renews after the chosen period (month or year) for an equal-length period, unless cancelled no later than the last day of the current period via the Stripe Customer Portal. No reminder is sent before renewal; cancellation is possible at any time via the Stripe Customer Portal. 5.3 Price adjustment: The Provider may adjust prices for future billing periods with 30 days' email notice. Upon a price increase, the User may exceptionally terminate the subscription with effect from the entry into force of the new prices; an already paid period continues to its end without adjustment.
6. Liability
The Provider has unlimited liability for intent and gross negligence under Art. 100 para. 1 CO. Liability for slight negligence is excluded to the extent legally permissible. The following specifications apply additionally: 6.1 Measurement accuracy: The measurement results produced by Roofy (areas, lengths, angles, slopes) serve solely as a planning basis. They are not a substitute for a professional on-site survey. For safety-critical work (in particular structural engineering, load calculations, fire protection), an additional manual control measurement by a qualified person is expressly recommended. Subject to liability under Art. 100 CO, the Provider assumes no liability for damage arising from unverified use of the measurement results. 6.2 Availability: The Service is provided on an „as-is" basis. There is no service-level agreement. Maintenance, technical disruptions, or force majeure may lead to outages. The Provider's liability for outages is limited to intent and gross negligence. 6.3 Data loss: The Provider performs regular backups of uploaded images, project data, and measurement results on its servers in Germany (Hetzner). The User is required to maintain their own backup copies of original data. Subject to liability under Art. 100 CO, the Provider's liability for data loss is excluded. 6.4 Liability cap: Unless mandatorily precluded by Art. 100 CO, the Provider's total liability per damage event is capped at the amount paid by the User for the Service in the twelve months preceding the damage event.
7. Intellectual Property
The user retains all rights to their uploaded drone images. The Provider receives a simple, non-transferable right of use for processing within the scope of service delivery. The software Roofy and all associated content are the intellectual property of FNPlan GmbH.
8. Data Protection
The processing of personal data is governed by our Privacy Policy.
9. Termination and Account Deletion
The user may cancel their subscription at any time effective at the end of the current billing period. Cancellation is done via the Stripe Customer Portal. After cancellation, access remains available until the end of the paid period. The user may delete their account at any time. Account deletion permanently removes all projects, images, and measurement data.
10. Changes to Terms
10.1 Notification: The Provider may amend these GTC if necessitated by changes in the legal situation, technical development of the Service, or adaptation to industry standards. Material changes will be notified to the User by email at least 30 days before they enter into force; the current version is published at /legal/agb. 10.2 Consent — business customers: For business customers, silence following notification constitutes consent to the amended GTC, unless the User cancels via the Stripe Customer Portal within the 30-day period or objects in writing. 10.3 Consent — consumers: For consumers, express consent to the amended GTC is required and will be obtained at the next login. Until consent is given, the previous GTC continue to apply. If the consumer refuses consent, the Provider may terminate the contractual relationship ordinarily as of the end of the current period.
11. Applicable Law
Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
11.1 Notice for EU Customers
For customers based in the European Union, the mandatory provisions of the law of their country of residence additionally apply, insofar as they are more favorable.
12. Jurisdiction
The exclusive place of jurisdiction is Lachen SZ, Switzerland. Mandatory statutory jurisdictions remain reserved.
13. Partial Invalidity
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the rule that comes closest to the hypothetical intention of the parties (Art. 20 para. 2 CO).
14. Language Clause
These Terms are drafted in German. English, French and Italian translations are provided for informational purposes only. In the event of discrepancies, deviations or differences in interpretation between the language versions, the German version shall be exclusively authoritative.