UTM system user rules

1. GENERAL PROVISIONS

1. The rules on the use of traffic management system (hereinafter referred to as UTM system) for unmanned aircraft operators (UAS) (hereinafter referred to as the Rules) of public limited liability company Oro Navigacija establish the procedure for using UTM System on internet platform at https://utm.ans.lt and in UTM mobile application “Lithuania Drone Map”.
2. These Rules apply to registered users of UTM system platform online at https://utm.ans.lt (hereinafter referred to as UTM platform) and UTM system mobile application “Lithuania Drone Map” (hereinafter referred to as UTM mobile application), available in Apple Store and Google Play stores.
3. The Rules cover the management of UTM platform and UTM mobile application systems (hereinafter referred to as UTM system), the applicable general and terms of use, the rights and liabilities of the Service Provider – public limited liability company Oro Navigacija, the rights and liabilities and responsibilities of the Users of UTM system.
4. These Rules are approved by the Chief Executive Officer of public limited liability company Oro Navigacija.

2. CONCEPTS

5. User – a natural person or a representative of a legal entity who has created a UTM system user account and logged into UTM system user environment.
6. User account – a personal user account intended to use the services of UTM system via the personal environment of the User.
7. UTM system – an unmanned aircraft traffic management system (UTM) for unmanned aircraft (UAS) operators operated by public limited liability company Oro Navigacija, which consists of UTM platform at https://utm.ans.lt and UTM mobile application “Lithuania Drone Map”.
8. UTM services are services related to the relationship between the User and public limited liability company Oro Navigacija and the administration of the services provided by public limited liability company Oro Navigacija in UTM system, which include: providing information about unmanned aircraft flights, allowing unmanned aircraft operators to plan, declare, coordinate and conduct unmanned flights in the airspace of the Republic of Lithuania, in accordance with European Union and national legal acts.
9. The Service Provider is public limited liability company Oro Navigacija (hereinafter referred to as the Company).
10. Other concepts are used as defined in Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on rules and procedures for the operation of unmanned aircraft and Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and third-country operators of unmanned aircraft systems.

3. UTM SYSTEM MANAGEMENT AND USE

11. The operator of UTM online platform and UTM mobile application is the Company (address: Balio Karvelio St. 25, Vilnius, code of the company: 210060460, e-mail: info@ans.lt).
12. UTM platform and UTM mobile application are the property of the Company. The User of UTM system may not modify, copy, distribute or otherwise use the data contained in UTM system. No content or information contained in UTM system may be reproduced in any form, made publicly available, distributed and/or otherwise used without a separate permission of the Company.
13. The Rules may be changed unilaterally, taking into consideration the requirements established by legal acts, changes in software functionality or other unforeseen circumstances that may affect the functioning of UTM system. The Service Provider shall notify about the changes on the unmanned aircraft operators (UAS) website and UTM mobile application, as well as on the website of the Company https://www.ans.lt/lt/paslaugos-2/bepilociai-orlaiviai-dronai-2. Changes to the Rules shall enter into force on the date of their publication. If a UTM system User continues to use UTM platform or mobile application after the publication of changes to the provisions of the Rules, it shall be deemed that the User agrees with all changes to the Rules. If a UTM system User does not agree with the changes to the Rules, the User may no longer use UTM system User environment.
14. Unregistered users can use UTM system to review geographic zones and permanent and temporary restricted areas governing the use of unmanned aircraft, and the rules that apply to them.
15. All services provided in UTM system can only be used by registered Users. In order to use all services of UTM system (for example, to plan an unmanned aircraft flight and coordinate a take-off permit), a User must create an account in UTM system and log in to the User environment. UTM system user environment is available only to registered users who have verified their identity in the ways established by UTM system administrator.
16. Before registering in UTM system, the User must get acquainted with these Rules, the privacy policy of Service Provider, undertakes to comply with them and confirms the consent that the provision of information (including personal data) and/or other processing thereof in the User environment would be considered as appropriate consent for the Service Provider to process such information to the extent necessary to manage and ensure the functioning of the User account and to provide services available in the User environment.
17. By registering, the user of UTM system confirms being familiar with the following regulations and legal acts:
    1. Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems.
    2. Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft.
    3. The Law on Aviation of the Republic of Lithuania, including all valid amendments and supplements thereto.
    4. Other legal acts of the Republic of Lithuania and the European Union regulating the use of unmanned aircraft, airspace management and related activities, to the extent that they apply to the User of UTM system.
18. In order to use the services available in the User environment, the User must create an account in UTM system, confirm the identity, provide a valid e-mail address and create a secure password. A secure password must consist of at least 10 characters, of which at least one must be a capital letter, at least one – a number and at least one – a special character (for example, !@#$%^&*). The password cannot coincide with the login name and cannot consist of easily guessable words or personal information.
19. A person can be identified in one of the following ways: using Mobile-ID or Smart-ID.
20. By logging in using the means specified in Article 19 of the Rules the User ensures that all information requested to be provided using UTM system is accurate and correct.
21. By logging into the account, the User confirms own identity and ensures that the personal data submitted under “My Profile” section is correct. Fields marked with an asterisk (*) are mandatory. A user seeking to plan and execute an unmanned flight must provide a remote pilot identification number, which is provided by public institution Transport Competence Agency.
22. The person under whose name the User account is created is responsible for all activities carried out under the User account and must ensure the security of their login details, passwords or other data that may be used to access their account. If you notice that your account is being used in an unauthorized manner, please contact UTM system administrator immediately using the contacts specified under these Rules.
23. The use of UTM system is possible only with an internet connection. The speed of the internet connection may affect the quality of the service. Recommended minimum mobile internet connection parameters:
    1. Download speed 10-15 Mbps.
    2. Upload speed 510 Mbps.
    3. The delay is not more than 100 ms.
    4. A stable connection without major interruptions is recommended.
24. Data transmission is carried out using the HTTPS protocol, which ensures data encryption using TSL (SSL/TLS) technology.
25. The User may close the account in UTM system at any time. The Service Provider may close the account of the User in UTM system, if it has not been used for 12 (twelve) months.
26. Entering personal data into UTM system and/or providing a remote pilot identification number does not grant the right to operate an unmanned aircraft flight and is not equivalent to an air traffic control permit to operate an unmanned aircraft flight.

4.  SERVICE PROVIDER RIGHTS AND LIABILITIES

27. The Service Provider has the right, at own discretion and without prior notice:
    1. To suspend or prohibit the User from using UTM platform or UTM mobile application for an unlimited period of time, in case a violation of the Rules is detected, illegal activity is suspected or recorded, or there is a threat to the security or stability of UTM system.
    2. To change the functionality, design, content or other information provided by UTM platform or UTM mobile application without separate notification to the User.
    3. To change the terms and conditions of activating, using or accessing a User account, including but not limited to identity verification requirements.
    4. To restrict or suspend the provision of services in case the actions of the User disrupt the operation of UTM system, pose a risk to the safety of other Users, or violate legal acts.
    5. To block, remove or restrict User-submitted content, in case it is considered illegal, misleading, harmful or does not comply with the Rules.
    6. To initiate legal measures against the User, in case the actions of the User cause damage to the Service Provider, UTM system or third parties.
28. The Service Provider undertakes to fulfil the following liabilities:
    1. The Service Provider resolves technical malfunctions promptly by applying the necessary technical measures and, if necessary for maintenance or updates, has the right to suspend the operation of the service temporarily.
    2. The Service Provider seeks to ensure continuous availability of the service, is not responsible for disruptions caused by the User equipment or connection and reserves the right to change the functionality or availability of the service if necessary to improve the service or comply with legal acts.
    3. The Service Provider must ensure the confidentiality of the User information, process personal data only in accordance with the procedure established by law, not disclose them to third parties without a lawful basis or the consent of the User, and apply appropriate technical and organizational security measures to protect data.
    4. The Service Provider seeks to ensure that the services are of high quality, the information provided is accurate, clear and constantly updated, and reserves the right to change or update the content of the service at any time.
29. The Service Provider has the right, but is not obliged, to notify the Users about the updated version of the mobile application, about the availability of the update and provide information about the consequences of not installing it.

5. USER RIGHTS AND LIABILITIES

30. The User has the right to:
    1. Delete the created UTM system account directly in the User environment or by notifying the Service Provider via the specified contacts at any time.
    2. Use the User environment and User account in accordance with the procedure defined under the Rules.
    3. In case of malfunctions and/or improper operation in the User environment, contact the Service Provider using the contacts specified in the Rules to resolve the respectful problems.
    4. Update personal information having logged into the User environment.
31. The User undertakes to fulfil the following liabilities:
    1. To ensure that devices using UTM platform or on which UTM mobile application is installed are protected by a password, biometric logins or other device security measures that would protect the use of the device from unauthorized persons.
    2. To use the original operating system provided and supported by the manufacturer and the standard tools provided with the smart device or computer; install operating system and software updates, changes, and updates offered by the manufacturer, and follow other recommendations and instructions of the operating system, software, smart device manufacturer, as well as mobile application marketplaces (platforms).
    3. To periodically check mobile app marketplaces and digital content platforms (for example, Apple Store, Google Play) for updated, newer app versions, updates or upgrades and use the latest available version of UTM mobile app.
    4. Make no attempts to investigate or test the vulnerability of any system or network used to operate UTM system.
    5. Not to breach any security or authentication measures.
    6. Not to attempt to decrypt, decompile, modify the software or data used to operate UTM system.
    7. At the request of the Company, to cooperate with the Company to the extent reasonably and technically possible and necessary for the Company to determine the causes of UTM system malfunction.
    8. To personally use the services of UTM system, to ensure the protection of login data so that third parties do not learn the login data and cannot use the device security measures and access the personal account and environment of the User.
    9. To ensure that all information requested to be provided using UTM system is correct and complete.
    10. Having noticed malfunctions of UTM platform and/or UTM mobile application, to notify the Service Provider by e-mail or other specified contacts immediately. Malfunctions are not considered cases when they do not affect airspace safety and have a short-term effect. Notification of malfunctions is not considered a complaint and is intended only to ensure technical operation.
    11. The User is responsible for having the necessary connection or network access to use UTM system and services. The User is responsible for all fees charged by the communication service provider, including fees for data transmitted while using the System services.

6. LIABILITY AND FINAL PROVISIONS

32. The User of UTM mobile application and UTM platform assumes full responsibility for the use of UTM system. The User of UTM system is liable for any damage caused to UTM mobile application or UTM platform, the service owner or a third party or their property due to the User use of UTM system, including violation of applicable laws. In addition to compensation for damage, the User must pay all related costs and losses. The Service Provider is in no way liable for damage caused to third parties.
33. The User is responsible for the security of the device and login data, undertakes to ensure the protection of the User account password and/or other login methods so that third parties do not learn it/them, and undertakes to ensure that third parties do not have access to the personal account on UTM platform or UTM mobile application.
34. The Service Provider, the representatives or partners of the Service Provider are not liable for any damage that the User may incur due to the use of UTM mobile application and/or UTM platform due to the operation of the telephone equipment used, communication failures or other obstacles.
35. The Service Provider is not responsible for any malfunctions caused by the device of the User, connection, or third-party services.
36. All disagreements, disputes or claims arising between the Service Provider and the User, as well as violations of these Rules, are resolved in negotiations, by e-mail skundai.bepilociai@ans.lt. If an agreement cannot be reached – in the courts of the Republic of Lithuania in accordance with the procedure established by the legal acts of the Republic of Lithuania.
37. All warnings or other notifications related to these Rules will be provided via UTM system notifications or to the Service Provider – via the e-mail address bepilociai@ans.lt, to the User – via the contact details specified in the User environment.
38. The Service Provider can be contacted during business hours (Mondays – Thursdays from 7:30 AM to 4:15 PM, Fridays from 7:30 AM to 3:00 PM, on pre-holiday days until 3:15 PM) using the following contact data:

Ph.: +370 706 94 537
E-mail: bepilociai@ans.lt
Address: Balio Karvelio St. 25, 02184 Vilnius.