AVIAR LABS Policies

AVIAR Labs Subscription Agreement THIS AVIAR LABS SUBSCRIPTION AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND AVIAR LABS LLC. ("OUR," "US," "WE" OR "AVIAR LABS"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE AVIAR LABS SUBSCRIPTION SERVICE. BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS. 1. ENROLLMENT IN THE SERVICE AVIAR Labs currently provides an Internet subscription Service for the SkyGlass Flight Tracking Platform. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet. You must be at least 18 years of age to enroll. To begin the enrollment process, you must complete the Service registration process located on our web site at http://www.AVIARLabs.com ("AVIAR Labs Site"). 2. MODIFICATION We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. You will be notified by email where reasonably possible and a change notice will be posted at http://www.AVIARLabs.com. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the Service following our posting of a change notice or new agreement on the AVIAR Labs Site will constitute your binding acceptance of the change. 3. YOUR REGISTRATION OBLIGATIONS You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). Once you subscribe to the Service, you shall receive a password and an account. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed. 4. AVIAR LABS PRIVACY POLICY AVIAR Labs takes your privacy seriously and operates under the policies and principles outlined in its Privacy Policy. Privacy Policy is set forth at http://www.AVIARLabs.com. 5. TECHNOLOGICAL AND USE LIMITATIONS 5.1 AVIAR Labs will make reasonable efforts to keep the AVIAR Labs Site operational. However, certain technical difficulties or routine site maintenance/upgrades may, from time to time, result in temporary service interruptions. AVIAR Labs also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that AVIAR Labs shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service. 5.2 The Service has been developed to allow individual end users the opportunity to visualize real time and historic flight tracking in 3D. By enrolling in the Service, you acknowledge and agree that you have no right to provide the Service to any other party or through any other means. 5.3 Because the Service is designed for personal use, you are not allowed to use resell or relicense the service. AVIAR Labs reserves the right to immediately and permanently terminate your access to the Service if AVIAR Labs believes that you are violating such limitation. 5.4 You shall not use the Service in any manner contrary to local, state or federal law. 6. TERM, FEES AND PAYMENTS 6.1 By registering for the Service, you agree to the fee designated for the Service level you select. Subject to your right to terminate the Service prior to the expiration of a Trial Period ­ if any -- as described in the following section, you agree to pay the following amounts for the minimum period specified • SkyGlass Basic ~ $5/month with a 2-week free trial + 30 days*, automatic renewal. • SkyGlass Annual ~ $55/year billed immediately + 30 days*, automatic renewal. • SkyGlass Multi Year ~ $99/3-year billed immediately + 30 days*, automatic 3-yr renewal. * Each SkyGlass login has a 30-day timed trial which is automatically extended when you make a payment. 6.2 Subject to the terms in Section 6.7 below, your subscription will continue automatically at the monthly rate applicable to the Service, which you have selected unless terminated by AVIAR Labs or until you notify AVIAR Labs of your decision to terminate the Service. Upon the expiration of the initial period, your subscription will automatically renew on a month- to-month basis at the same monthly rate, as applicable, unless you elect to terminate the Service or enroll in another version of the Service. 6.3 If, when registering, you signed up for a subscription with a “Trial Period,” you will be allowed a period during which you can try out the Service. If you terminate the Service prior to the expiration of the Trial Period, you will not have any further obligation with respect to the version of the Service that you have committed to. The Trial Period will expire upon the earlier of (i) your having downloaded a specified number of tracks from the Service or (ii) a certain number of days following the date you initially sign up for the Service (refer to the confirmation provided on the site or via email for the specific terms of your trial period). 6.4 Each month during the term of this Agreement following the expiration of any Trial Period, the monthly fees for use of the Service will be billed automatically to the credit card you designated during the Service registration process or subsequently designated to AVIAR Labs. You agree to pay or have paid all fees and charges incurred in connection with your unique ID and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. If you want to designate a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Service using your ID and password without your authorization, you must contact info@aviarlabs.com or use the Support Form at www.AVIARLabs.com. 6.5 Payment must be made by a major credit card accepted by AVIAR Labs (currently, VISA, MasterCard and American Express). Cash or checks will not be accepted. The billing period ends each month on the monthly anniversary of your activation date ("Billing Date"). If, however, the Billing Date would be the 29th, 30th or 31st day of a month, the Billing Date will be the first day of the following month. If AVIAR Labs does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by AVIAR Labs. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT AVIAR LABS, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. 6.6 If AVIAR Labs does not receive the full amount of your Service account balance within thirty (30) days of the Billing Date, a late payment charge of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is lower) may be added to your bill and immediately become due and payable. Unless you notify AVIAR Labs of any discrepancies within sixty (60) days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release AVIAR Labs from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to AVIAR Labs within sixty (60) days of its first appearance on an invoice or credit card statement. 6.7 You agree to pay AVIAR Labs all reasonable attorney's fees and costs incurred by AVIAR Labs to collect any past due amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Service account. 6.8 You are responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Service. 6.9 AVIAR LABS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY AVIAR LABS, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT http://www.AVIARLabs.com. AVIAR LABS MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may terminate your subscription to the Service, as provided in Section 7 below. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. 7. TERMINATION 7.1 You agree that AVIAR Labs, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if AVIAR Labs believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. AVIAR Labs may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that AVIAR Labs may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that AVIAR Labs shall not be liable to you or any third-party for any termination of your access to the Service. 7.2 You may terminate this Agreement and your subscription to the Service at any time, but will not receive return of subscription fees paid. 7.3 Termination of this Agreement shall not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which this Agreement is terminated. The payment in advance for the next month's service level is nonrefundable. 8. INTELLECTUAL PROPERTY RIGHTS 8.1 Only you may access the Service using your ID and password, unless otherwise agreed to in writing by AVIAR Labs. The content available through the Service is the property of AVIAR Labs or its licensors and is protected by copyright and other intellectual property laws. Content received through the Service may be used and played for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of AVIAR Labs. You agree to indemnify and hold harmless AVIAR Labs for your failure to comply with this Section 8.1. 8.2 You acknowledge that AVIAR Labs retains exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or its contents, and AVIAR Labs reserves all rights not expressly granted hereunder. You shall promptly notify AVIAR Labs in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or AVIAR Labs's patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions. 9. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE AVIAR LABS SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE AVIAR LABS SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 10. LIMITATION OF LIABILITY YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT. 11. MISCELLANEOUS This Agreement is governed by the laws of the State of Florida., without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the state courts located in Palm Beach County Florida, U.S.A. in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 11. AVIAR Labs expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Date: June 2, 2022