AirMarket Terms & Conditions

Last update: August 3, 2018

AirMarket FLYSAFE is a data management platform, provided by AirMarket Inc. company – (located at #1 Irongate Place St Albert, Alberta, Canada), that allows users to track and manage all operation data (flight, equipment, locations, maintenance, incident etc), and create reports to stay compliant with their authority (“Services”). These Terms of Service (“Terms “) govern your access to and use of the Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. To use our Services, you provide us things like operation data (flight, equipment, locations, maintenance, incident etc), reports, information, text, graphics, photos or other materials (collectively referred to as “Data“). You are responsible for your use of the Services, for any Data you post to the Services, and for any consequences thereof. You may use the Services only if you can form a binding contract with AirMarket and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services that AirMarket provides are always evolving and the form and nature of the Services that AirMarket provides may change from time to time without prior notice to you. In addition, AirMarket may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Privacy

Any Data that you provide to AirMarket is subject to our Privacy Policy, which governs our collection and use of your Data. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this Data, including the transfer of this Data to Canada and/or other countries for storage, processing and use by AirMarket. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your AirMarket account, which you may not be able to opt-out from receiving.

Information on the Services

Any use or reliance on any information, materials or communication (“Information”) posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Information posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Information that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will AirMarket be liable in any way for any Information, including, but not limited to, any errors or omissions in any Information, or any loss or damage of any kind incurred as a result of the use of any Information posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Your Rights

You retain your rights to any Data you submit, post or display on or through the Services. Your Data, entered and saved in AirMarket servers, are not directly linked to your email but to an internal identifier. Association of your email and the internal identifier is private to AirMarket (“Anonymized Data”). By submitting, posting or displaying Data on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use your Anonymized Data for statistics and copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Anonymized Data in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for AirMarket to make such Anonymized Data available to other companies, organizations or individuals who partner with AirMarket for the syndication, broadcast, distribution or publication of such Anonymized Data on other media and services, subject to our terms and conditions for such Data use. Such additional uses by AirMarket, or other companies, organizations or individuals who partner with AirMarket, may be made with no compensation paid to you with respect to the Anonymized Data that you submit, post, transmit or otherwise make available through the Services. We may modify or adapt your Anonymized Data in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Anonymized Data as are necessary to conform and adapt that Anonymized Data to any requirements or limitations of any networks, devices, services or media. AirMarket will not be responsible or liable for any use of your Anonymized Data by AirMarket in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Anonymized Data that you submit. AirMarket gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by AirMarket as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by AirMarket, in the manner permitted by these Terms.

AirMarket Rights

All right, title, and interest in and to the Services (excluding Data provided by users) are and will remain the exclusive property of AirMarket and its licensors. The Services are protected by copyright, trademark, and other laws of both Canada and other foreign countries. Nothing in these Terms gives you a right to use the AirMarket name or any of the AirMarket trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding AirMarket, or the Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Termination or Cancellation of the Services

AirMarket accounts which are unused for more than 120 consecutive days are subject to termination. In addition, AirMarket may notify authorities or take any actions it deems appropriate, without notice to you, including immediate termination of your account, if AirMarket suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by AirMarket; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, AirMarket Users, AirMarket, any other third parties or the Site or Services. Subject to the section titled “Fees and Billing”, you may terminate your AirMarket account at any time and for any reason. Upon any termination by a AirMarket User, the related account will no longer be accessible. Any suspension, termination or cancellation will not affect your obligations to AirMarket under these Terms of Service (including, without limitation, the rights granted by you to AirMarket, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation. After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Service will immediately cease. AirMarket will not be liable to you or any third party for termination of the Site or Services or termination of your use of either.

Restrictions on Data and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse any user and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of AirMarket, its users and the public. Except as permitted through the Services (or these Terms), you are not allowed to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Data or Services. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, AirMarket’s computer systems, or the technical delivery systems of AirMarket’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces (iv) forge any

TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Data in such a manner as to interfere with or create an undue burden on the Services; or (vi) Solicit, commercial or non-commercial, from AirMarket’s users for any goods or services.

The Services are Available “AS-IS”

Your access to and use of the Services or any Data is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, AirMarket AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Data thereon. AirMarket will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Data. You also agree that AirMarket has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Data and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from AirMarket or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Data, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by AirMarket of such websites or resources or the Data, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AirMarket AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR Data OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY Data OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR Data, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT AirMarket HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of AirMarket to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event, that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of Canada without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the Province of Alberta, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between AirMarket and you regarding the Services (excluding any services for which you have a separate agreement with AirMarket that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between AirMarket and you regarding the Services. Other than members of the group of companies of which AirMarket is the parent, no other person or company will be third party beneficiaries to the Terms. We may revise these Terms from time to time, the most current version will always be available from our website. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please email us at support@airmarket.io