Airmate Terms of Service

General

These Terms of Use ("Terms") govern your rights and obligations regarding the use of Airmate's Software ("Software") and service (both collectively referred to as the "Service") on the Internet or in cellular media. These Terms constitute a fully binding agreement between Myriel Aviation SA (including its affiliates and subsidiaries, "Airmate" or "We") the proprietor of all rights in and to the Service and you. It is therefore recommended that you carefully read these Terms.

AirMate provide this service "AS IS" without any warranty of any kind. AirMate strives to maintain accurate and current data. However, AirMate editors receive those data from various sources, many of which are outside AirMate editor control. Therefore, AirMate editors could not warrant the data provided are correct, complete, accurate and up-to-date. As the data may not be complete and may contain erroneous data, it should not be used as a primary mean to prepare and execute a flight. You should always use official aeronautical documentation when planning and performing a flight.

When a mobile device using an AirMate application is used, the location data may not be accurate. AirMate is not intended to replace a certified navigation device. You should always use certified navigation devices when performing a flight.

By using any service provided by AirMate, you agree fully to the above and accept you do so at your own risk.

If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.

Pilot Responsibilities

The Pilot in Command (PIC) is solely responsible for the safety of flight irrespective of any service provided by the AirMate editors.

Use Restrictions

You may use the Service solely for private and personal purposes.

You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Airmate. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.

You may not copy, print, save or otherwise use data from the Site or the Service's database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service, for example you could print charts provided by the Service for your personal use during your flight.

There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Airmate's sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.

You may not, whether yourself or through any other means or person :

Warranty Disclaimer and Limitation of Liability

AirMate software and services are provided "AS IS" without any express or implied warranties, including, but not limited to, the implied warranties or merchantability and fitness for a particular purpose are disclaimed.

Neither AirMate editors not its employees or representatives warrant that AirMate application and services will be available, accurate and error free. Nor do they make any warranty as to the accuracy of the results that may be obtained from the use of AirMate or as to the accuracy of reliability of any information provided through AirMate.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Service.

AIRMATE, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

Privacy

Your privacy is important to us. While using the Service, personal information may be provided by You or collected by Airmate as detailed in our Privacy Policy at: http://www.airmate.aero/privacy.html that is an integral part of these Terms. The Privacy Policy explains our practices pertaining to the use of Your personal information and we ask that You read such Privacy Policy carefully. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by Airmate, subject to this section, the Privacy Policy and any applicable laws and regulation. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.

User Content

The Service allows all users of the Software to submit and post information and content to other users ("Content"). Content is separate from third party sponsored advertisements that may appear on the Service. Content can include, for example, aviation updates, information submission, etc. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.

Forbidden Posts

When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:

The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content. The publication of Content advertising other flight planning solutions is not accepted.

Airmate may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, Airmate or any of its agents or affiliates. In such cases, Airmate may also terminate your access to the Service or prevent you from posting additional Content on the Service. The provisions of this clause are made in addition to any rights afforded to Airmate by any law.

Rights in Content

When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Airmate to publish the Content and exploit all intellectual property rights in and to the Content. Airmate receives no ownership rights in and to the Content that you submit. However, by submitting Content to Airmate, you hereby grant Airmate and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to Airmate in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at Airmate's sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless Airmate provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize Airmate to be your agent).

Examination of Content

Airmate may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication.

Airmate retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. Airmate does not guarantee that all Content will be published, in general or for any limited time.

Content submitted by users for publication does not reflect the views of Airmate. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.

Links and commercial information in the Software

The Service may include commercial information or advertisements (“Ads”). The Ads may be displayed on the Service maps and pages. Airmate may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, Airmate cannot and does not guarantee the reliability or accuracy of third party Ads. Airmate does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, Airmate will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.

It is underscored that the advertising of commercial content by Airmate does not constitute a recommendation or encouragement to procure the goods or services advertised.

Insofar as the Software includes links to services or applications not operated or managed by Airmate, Airmate will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Airmate will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software.

Breach and Indemnity

Without derogating from any applicable law, you agree to indemnify and hold harmless Airmate and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Airmate, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.

Illegal Activity

You may not use AirMate to perform any illegal act. All accesses are logged by IP address, along with any identifying information transmitted to our servers. The filing or fraudulent flight plans is illegal and may be prosecuted by authorities.

Modifications and Changes

Airmate may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service's features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Airmate for applying such changes or for failures incidental to such changes.

Termination of Service

Airmate may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.

Governing Law and Jurisdiction

These Terms, the Software and the Service will be governed solely by the laws of the State of Luxembourg, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in Luxembourg.

Last Modifier: 3 October 2017