The Terms
These terms and conditions of use (the “Terms”) explain the rules for using our website and mobile apps (the “Site”).
By using the Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you do not have the right to and you must not use the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms, and that they comply with them.
These Terms refer to the following additional terms, which also apply to your use of the Site:
Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Company (referred to hereafter as “the Company”) provides a collection of online resources and mobile applications (referred to hereafter as the Service) to allow users who comply with the Company’s policies to track flight status, get directions, and receive flight alerts subject to the following Terms of Service (“TOS”, “Agreement”, or “Terms”). By using the Service in any way, you are agreeing to comply with the TOS, which may change from time to time. The TOS applies to all users of the Service. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. The Company has the right, but is not obligated, to strictly enforce the TOS through active investigation, litigation and prosecution.
2. Modifications of this agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
3. Membership Eligibility
The Service is available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. The Company may, in its sole discretion, refuse to offer access to or use of the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use the Service only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the adult is the user and is responsible for any and all activities. You agree to comply with all local laws regarding online conduct and acceptable content.
In addition, some services offered by the Company may be subject to additional terms and conditions promoted by the Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this TOS by this reference.
The Company’s services are not available to temporarily or indefinitely suspended users. The Company reserves the right to refuse service to anyone, for any reason, at any time.
If you become a registered user of the Site, you will be asked to provide your name, e-mail address and password. By submitting your personal information to us you are confirming that all details provided are up to date and accurate at that time. Should your personal information change at any time, you should promptly update your account information by logging in on the Site and updating your account details.
You should keep the password you use to log in to your account confidential and take reasonable steps to ensure that nobody other than you accesses the Site using your account.
We are committed to protecting your privacy and will only process your personal data in accordance with our Privacy Policy.
4. Registration process
Registered users of the Services are able to use certain services and functionality and may access additional data with Paid Services [as further explained in the Paid Services description]. Furthermore, registration is a prerequisite for enjoying any of our mobile app Services.
During registration you will be asked to provide your name, e-mail address and password. Alternatively, you can use certain third party services, e.g. Apple. You are responsible for providing accurate and correct registration information and we assume no liability for any error, inaccuracy or omission in such information or in the service resulting from any information provided by you. By becoming a registered user of our Services, you will also agree to give your consent to our processing of your personal data in accordance with our Privacy Policy.
This license will automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must delete any downloaded materials in your possession whether in electronic or printed format.
5. Content
The Content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the Content on the Site is accurate, complete, up to date or fit for purpose.
The Site, flight data, traffic data and time estimates (collectively “the Content”) available through the Service may contain links to other websites and services, which are completely independent of the Service. The Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will the Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.
The Company considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Service or otherwise (other than the Content made available by to users by the Service) (collectively, the “Material”) to be non-confidential and non-proprietary, and the Company shall not be liable for the disclosure or use of such Material. If, at the Company’s request, any user sends Material to improve the Service (for example through forums or to customer support), the Company will also consider that Material to be non-confidential and non-proprietary and the Company will not be liable for use or disclosure of the Material. Any communication by you to the Company is subject to this TOS. You hereby grant and agree to grant the Company, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
6. Paid Services
Certain Services from the Company are offered free of charge, currently called the “Basic Service”. Other Services require payment before you can access them, “Paid Services”. The Paid Services are currently referred to as the “Premium Services” . You can learn more about the content of our Paid Services on our Website.
Paid Services are entered into for a subscription period. The subscription period may be either for one (1) month at a time, for twelve (12) months at a time or for such period agreed upon between the Parties. All subscriptions are automatically extended by an additional subscription period at a time until you or the Company terminates the subscription.
The Company or you may at any time terminate the subscription by providing a thirty (30) calendar days prior written notice. No subscription fee paid in advance for the relevant period will be repaid, but you will have the right to continue to use the Services until the end of that period.
If you wish to terminate your subscription, you may follow the Apple App Store procedure to do so. If we want to terminate the subscription, we will do so by email.
Certain in-app purchases can also be made in the form of a single payment for a time limited access to certain Paid Services, limited to a specific version of our mobile applications. Such purchases are made from within the mobile application and follow the payment process of that mobile application. Please read more about in-app purchases in the specific license terms of that mobile application.
7. Fees and Payment
Paid Services can be purchased through so-called in-app purchases in some of our Apps. Except in relation to certain in-app purchases, as described above, Paid Services shall be paid as a monthly or yearly subscription fee in accordance with the price list applicable from time to time which is available on the Website or in one of our mobile applications. You may effect payment of the fee through any of the means of payment offered by us on the Website or in one of our mobile applications. If any payment is not made on the due date, your Paid Service subscription will be automatically and immediately terminated.
The Company may change the prices for the Paid Services from time to time and will post such price changes through information posted on our Website. Price changes to Paid Services will take effect from the next subscription period (one or twelve months) following the notification of the price change. As permitted by law, you accept the new price by continuing to use the Paid Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by terminating the Paid Services prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
8. Conduct
We are the owner or the licensee of all intellectual property rights in the app, and in all material, data and information published on it (“Content”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You agree not to:
harass or intimidate anybody;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by the Company;
attempt to gain unauthorized access to the Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Company website.
Use any part of the Content on the Site for commercial purposes without obtaining a licence to do so from us; and/or access all or any part of the Site in order to build a product or service which competes with the Site.
Unauthorized Use/No Interference
You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Services or use and/or monitor any information in or related to the Services for any unauthorized purpose. Specifically, each user, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and any other third party to) do any of the following:
Use the Services or any data contain therein or provide, link, or otherwise make available, any information on the Services that is unlawful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;
Impersonate any person or entity, or otherwise misrepresent your affiliation;
Manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by the Services;
Alter or delete information not provided by you, or interfere with the operation of the Services including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.
You also agree not to permit any other user of the Services to access, view, download or reproduce the material for any use not permitted by us.
9. Limitation of Service
You acknowledge that the Company may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number of flights that may be tracked per day, push notifications, emails, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that the Company has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that the Company reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We reserve the right to contact and limit users who exceed what we consider fair use.
10. Termination of Service
You agree that the Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if the Company believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
11. Disclaimer of Warranties
You agree that use of the mobile app and the Service is entirely at your own risk. The mobile app and the Service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, the Company disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the mobile app and the Service. To the fullest extent permitted by law, the Company disclaims any warranties for other Services or goods received through or advertised on the mobile app or the sites or Service, or accessed through any links on the mobile app. To the fullest extent permitted by law, the Company disclaims any warranties for viruses or other harmful components in connection with the mobile app or the Service
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the Site; or
use of or reliance on any Content displayed on the Site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings or any form of economic loss;
loss of business opportunity, goodwill or reputation.
12. No warranties
The Services and the content therein are provided “as is” and “as available”. We make no warranties, expressed or implied, and hereby disclaim any warranty, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the content accessible through the Services and other services or otherwise relating to such content or on any sites linked to the Services.
We offer no guarantee that the pages, services, functions, choices and content of the Services will be provided without interruption or errors or that any mistakes or errors will be corrected. We do not guarantee that the Services or the servers through which they become available to users do not contain viruses or other harmful components, although we make every effort to ensure it.
The Services and the content therein may include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Services are accurate, complete, or current. We may make changes to the materials contained on the Services at any time without notice. We do not, however, make any commitment to update the materials.
Consequently, we cannot provide any type of guarantee and are neither responsible for the correctness, validity, thoroughness and accuracy of that information published, nor for the suitability of their usage for purposes other than informational only.
We do not guarantee that the Site, or any Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Our Site is made available free of charge with Paid Service options.
13. Governing law and jurisdiction
Please note that these Terms, their subject matter and their formation, are governed by Canadian law. You and we both agree to the exclusive jurisdiction of the courts of Canada.
14. Changes to the Services
You acknowledge and agree that nothing in these Terms constitutes an undertaking by us to provide the Services in its present form or under any specifications. We may, in our sole and absolute discretion, from time to time make additions to, deletions from, modifications to, or change the format and features of, the Services.
You further acknowledge that we may be obliged to alter, modify or reduce the extent of the Services due to mandatory law or decisions by competent governmental authorities. If such restriction apply to the Service in a way that may affect or impair the Paid Services, The Company shall bear no responsibility and shall not be obliged to perform any full or partial refund of any payments made by you for any Paid Services.
We may update and change the Site from time to time to reflect changes to our users’ needs and our business priorities.