Terms of Use

Definitions

In these Terms, the following capitalized expressions have the meanings given to them below, wherever they appear:

• “Accessing Users” means any individuals or legal entities using the Services, whether through the Website or through a Marketplace.
• “Account” means an account created by you on the Website.
• “AeroDataBox”, “we”, “our(s)”, “us” mean Timber Bytes LLP, doing business as “AeroDataBox”, registered in the province of British Columbia, Canada.
• “AeroDataBox Parties” means, collectively, AeroDataBox, its partners, Marketplaces, suppliers, affiliates, directors, officers, employees, agents, and licensors.
• “Agreement(s)” means the agreements listed in paragraph 2.1, which together constitute the entire agreement between you and AeroDataBox.
• “API credit” means a non-monetary balance, available for direct access and Direct Subscriptions only, that may be used to pay for consumption of the API Services, in addition to API units.
• “API Services” means the on-demand data delivery services provided by AeroDataBox (the part of the Services).
• “API unit” means the unit in which consumption of the API Services is measured. The number of API units deducted for a call to an endpoint is determined by the Tier of that endpoint.
• “Confidential Information” means non-public information disclosed by one Party (the “Discloser”) to the other Party (the “Recipient”) in connection with the Agreements, whether or not marked as confidential, that is identified as confidential at the time of disclosure or that would reasonably be understood to be confidential given its nature and the circumstances of disclosure.
• “Contents” means all data, records, fields, values, or other information made available to you, directly or indirectly, through the Services. Contents includes, without limitation:
  • the data as originally returned by the API Services or displayed on the Website;
  • any copy, extract, excerpt, transcription, paraphrase, translation, or reformatting of the foregoing, in any medium;
  • any compilation, list, table, or selection consisting of any of the foregoing, regardless of how many fields or records are included or omitted; and
  • any of the foregoing when combined, embedded, or interspersed with independently-created material such as commentary, analysis, captions, or imagery, to the extent the Contents-derived portion remains identifiable within it.
• “Derived Work” means work product that satisfies all of the following:
  • it is produced through independent, non-trivial analytical, statistical, computational, or creative processing of Contents drawn from multiple, separate retrievals or observations over time, or of Contents combined with substantial independently-sourced data;
  • it adds original analysis, interpretation, computed values, or expression that is not merely a restatement, paraphrase, translation, selection, or reformatting of any single, individually-identifiable Contents record, field or element; and
  • a reasonable recipient, without independent access to the Services, could not use it to identify, reconstruct, or determine the specific value of any individual Contents record, other than incidentally.
• “Derived Work sublicensing” means granting, or purporting to grant, any third party the right to extract, copy, redistribute, re-license, or otherwise exploit a Derived Work.
• “Direct Subscription” means a subscription to the Services taken out and consumed directly through the Website and the AeroDataBox own electronic environment.
• “Discloser” has the meaning given to it in the definition of Confidential Information.
• “End Use” means the use of a Derived Work by a third party for that party’s own purposes, whether or not for a fee, where that party acquires no right to extract, copy, redistribute, re-license, or otherwise exploit that Derived Work. A third party using a Derived Work in this manner is an “End User”.
• “Force Majeure Event” means an event or circumstance in respect of which the affected Party proves all of the following:
  • it is beyond that Party’s reasonable control;
  • it could not reasonably have been foreseen by that Party at the time the Agreements were entered into; and
  • its effects could not reasonably have been avoided or overcome by that Party.
• “License” means the license granted to you under paragraph 3.1.
• “Marketplace(s)” means any third-party electronic environment (including, without limitation, websites or online API marketplaces) distributing and reselling the Services as a part of their own products or services. The Marketplaces authorized by us are listed in Appendix A.
• “Parties” (or “Party”) means AeroDataBox and the customer, collectively or individually as the context requires.
• “Payment Provider” means the third-party payment provider acting as merchant of record and reseller on our behalf in respect of Direct Subscriptions, as identified in our Privacy Policy and disclosed to you at check-out.
• “Permitted Purpose” means, in relation to Contents cached or otherwise stored under paragraph 5.5, the immediate operation of the specific application, feature, project, or service that is already operational or in active development and for which you are using the API Services.
• “Plan Terms” means the permissions, restrictions, quotas, limits, and other conditions of the pricing plan or subscription you have selected to access any of the Services, as published on the pricing page of the Website and, where the Services are consumed through a Marketplace, in the electronic environment of that Marketplace, each as updated from time to time.
• “Recipient” has the meaning given to it in the definition of Confidential Information.
• “Service(s)” means all the services provided by AeroDataBox and listed in paragraph 1.2.
• “Terms” means these Terms of Service.
• “Tier” means the category assigned by us to each endpoint of the API Services which determines the number of API units deducted for a call to that endpoint, as published on the pricing page of the Website and in the documentation.
• “Website” means our website aerodatabox.com, including its sub-domains.
• “you”, “your(s)”, “user(s)”, “client(s)”, “customer(s)” mean any individual or legal entity to which these Terms apply under paragraph 1.1.

Article 1. Introduction

1.1. These Terms determine the acceptable terms and conditions of use of the Services to the following entities:

• Accessing Users; and
• any individuals or legal entities on whose behalf Accessing Users are using the Services,

whether the Services are accessed through the Website or through a Marketplace.

1.2. The Terms are applicable to the following Services:

• the API Services;
• the Website and digital data products published on it;
• any other services provided to you by AeroDataBox based on an exclusive agreement between you and AeroDataBox, if applicable.

1.3. The Terms form part of the Agreements. Expressions defined in the Definitions section have the meaning given to them there wherever they are used in these Terms.

Article 2. Binding

2.1. Use of the Services is subject to acceptance of the following agreements, as they all constitute the entire agreement between you and AeroDataBox:

• these Terms of Use;
• Privacy Policy as published at https://aerodatabox.com/privacy;
• any applicable terms, conditions, guidelines, policies, and/or other provisions applicable to and/or governing the consumption of services through the Marketplace (applicable when the Services are consumed through a Marketplace). The list of the authorized Marketplaces and links to their applicable Agreements is published in Appendix A of these Terms. If a Marketplace is not specified in that list, all provisions of this Agreement shall remain in force regardless;
• other written or oral contractor/business/service agreement(s) and/or contract(s) concluded exclusively between you and AeroDataBox (if applicable);
• the Plan Terms (if applicable).

2.2. The Plan Terms govern your plan however it was obtained, including where you access the Services through a Marketplace. Updates to the Plan Terms are made in accordance with the applicable plan or subscription and do not constitute amendments to these Terms for the purposes of Article 15.

2.3. Where the Agreements conflict, the following order of precedence applies, unless the higher-ranking Agreement expressly provides otherwise:

1. any dedicated written service agreement concluded exclusively between you and AeroDataBox;
2. the Plan Terms, in respect of the permissions, restrictions, quotas, limits, prices, and other commercial conditions of your pricing plan, except where these Terms expressly provide that the Plan Terms do not prevail;
3. these Terms;
4. the Privacy Policy, in respect of the collection, use, and disclosure of personal information;
5. the terms, conditions, and policies of a Marketplace or of the Payment Provider.

2.4. Notwithstanding paragraph 2.3, the terms of a Marketplace or of the Payment Provider govern the payment transaction, the management of your subscription, and your use of the electronic environment concerned, and these Terms govern the Services, the Contents, and the License.

2.5. By using the Services, either directly with us or through a Marketplace, you acknowledge that you have read and understood all applicable Agreements, and that you are able and agree to be legally bound by them and to comply with them.

2.6. You are not allowed to start or continue using the Services if any of the following applies to you now, or should it become applicable at any moment in the future:

• you are not able to truthfully acknowledge that you have read and understood all applicable Agreements, or that you are able and agree to be legally bound by them and to comply with them, for any reason; or
• you are not of legal age to form a binding contract with AeroDataBox; or
• you are barred from using the Services under the applicable law or government decision of the country of your residence or of the country where the Services are used on your behalf; or
• you are currently disallowed, blocked, or banned from using the Services by AeroDataBox or any of its Marketplaces.

Article 3. License

3.1. AeroDataBox hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Services as set forth in the Agreements and expressly conditioned upon your full compliance with the Agreements.

3.2. Except as otherwise expressly provided in the Agreements, the License does not transfer any of our or third-party intellectual property rights to you. All rights, title, and interest in and to such property will remain (as between the Parties) solely with AeroDataBox and its suppliers or licensors.

3.3. If the Services are delivered to you through a Marketplace, additional License provisions of that Marketplace may be applicable.

Article 4. Acknowledgments

By using our Services you acknowledge and accept that:

4.1. AeroDataBox provides the Services in an enthusiast-driven, best-effort fashion, which has multiple implications.

4.2. AeroDataBox and its Services are aimed to fulfill certain purposes. Namely, the Services are designed to support smaller applications teams, researchers, individual developers, and small businesses, in other words, anyone who is not able to afford hefty charges imposed by market-leading data companies and who accepts the multiple risks of having less reliable data quality, precision and service stability.

4.3. You have read and understood all publicly available guidelines, materials, FAQs (https://aerodatabox.com/faq), and other documentation (https://aerodatabox.com/documentation), especially the description of data coverage limitations and restrictions (https://aerodatabox.com/data-coverage) published by AeroDataBox on the Website and, if applicable, in the electronic environment of the Marketplace.

4.4. All the Contents delivered as a result of using the Services are composed of data aggregated from third-party suppliers, providers and contributors. You acknowledge and agree that AeroDataBox data is provided for informational purposes only, may be delayed, incomplete, or inaccurate, and may not be used as a substitute for official aviation data sources.

4.5. In regard to the API Services, we strive to provide as uniform experience as possible across both Direct Subscriptions and Marketplace subscriptions. However, it must be recognized that Marketplaces are entities independent from AeroDataBox and application of certain Terms provisions, procedures, policies, etc. may vary across the Marketplaces and AeroDataBox itself. While we attempt, to the best of our knowledge and ability, to accomodate and describe this variance in these Terms, discrepancies are nevertheless possible. It is advised to consult the terms of the relevant Marketplaces, when applicable.

Article 5. General Conditions

5.1. You shall comply with the conditions of all applicable Agreements between you and AeroDataBox.

5.2. Except as otherwise expressly provided in the Agreements (excluding the Plan Terms), you shall not, and shall not permit your users or customers to:

1. USE THE SERVICES FOR ANY ACTIVITIES WHERE THE USE, FAILURE TO USE, OR FAILURE OF THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, ENVIRONMENTAL OR PROPERTY DAMAGES, SIGNIFICANT FINANCIAL LOSSES, OR ANY KIND OF INCIDENT OR ACCIDENT. WITHOUT LIMITING THE FOREGOING, THE FOLLOWING USES ARE EXPRESSLY PROHIBITED:

   • REAL-WORLD AIRCRAFT NAVIGATION, FLIGHT PLANNING, AIR TRAFFIC CONTROL, OR FLIGHT OPERATIONS;
   • AIRCRAFT SITUATIONAL DISPLAYS, COCKPIT SYSTEMS, OR ANY AVIONICS APPLICATIONS;
   • UNMANNED AERIAL VEHICLE (UAV/DRONE) OPERATIONS OR AUTONOMOUS VEHICLE NAVIGATION;
   • CRITICAL INFRASTRUCTURE MONITORING OR EMERGENCY RESPONSE COORDINATION;
   • ANY SAFETY-OF-FLIGHT OR SAFETY-OF-LIFE APPLICATIONS;
   • MILITARY, DEFENSE, WEAPONS SYSTEMS, INTELLIGENCE, OR SURVEILLANCE PURPOSES.
2. Sublicense the Services or any Contents delivered through the Services for use by a third party. For instance, you will not create an API that functions substantially the same as the AeroDataBox API and will not offer it for use by third parties. This item does not apply to Derived Works, the sublicensing of which is governed exclusively by paragraph 5.7.
3. Perform an action with the intent of introducing to the Services or the Contents any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
4. Interfere with or disrupt the Services or any parts of the electronic environment involved in providing the Services to you or other customers (e.g. servers, networks, software, etc.).
5. Reverse engineer, decompile, hack or attempt to extract the source code or the Services or Contents from any component of the Services or any parts of the electronic environment involved in providing the Services to you or other customers (e.g. servers, networks, software, etc.).
6. Remove, obscure, or alter any Agreements of AeroDataBox or our Marketplaces or any links to or notices of those Agreements.
7. Create any permanent copies of the Contents delivered through the Services, e.g. build databases by means of scraping, data mining, robots, or any other ways which are not authorized within the scope of the License. Caching and conditional retention of Contents is permitted subject to the conditions in paragraph 5.5.
8. Use any means to circumvent technical limitations (API call quotas, rate limiting, etc.) imposed by your pricing plans or conditions of the Agreements.
9. Copy, translate, resell, lease, lend, distribute or sublicense the Contents to any third party.
10. Misrepresent the source or ownership of the Services, the Contents, or any Derived Work; or remove, obscure, alter, or falsify any copyright, trademark, or other proprietary rights notice, author attribution, legal notice, or other label of origin or source that is included in or accompanies the Services or the Contents as delivered to you. For the avoidance of doubt, this item restricts what you may or may not do with notices that are present and/or required to be presented. It does not on itself require you to add attribution when it is not required to be added by the Agreements. Whether attribution is required is governed by paragraph 5.4.
11. Make any statements regarding your use of the Services which suggest a partnership with, sponsorship by, or endorsement by AeroDataBox.
12. Use the Services in any manner or for any purposes that may constitute a violation or a breach of the applicable law or regulation, or any rights of any person, including, without limitation, rights of privacy, copyrights, or rights of personality.

5.3. Except as otherwise expressly provided in the Agreements, you can only use the Services and/or the Contents and/or Derived Works for commercial purposes when the Contents were retrieved through a channel that required payment to AeroDataBox, either directly or through the Marketplaces, including, without limitation:

1. any Contents copied from the Website that require an active paid subscription to access;
2. any Contents retrieved through a paid plan of the API Services; or
3. any custom agreement or arrangement between you and AeroDataBox that required monetary compensation to AeroDataBox,

and where such payment was duly provided.

5.4. Except as otherwise expressly provided in the Agreements, attribution to AeroDataBox as the source of the Services and/or the Contents and/or Derived Works is required only when the Contents were retrieved through a channel that did not require payment to AeroDataBox, either directly or through the Marketplaces, including, without limitation:

1. any Contents copied from the Website that do not require an active paid subscription to access or other form of monetary compensation to AeroDataBox;
2. any Contents retrieved through a free or trial plan of the API Services; or
3. any custom agreement or arrangement between you and AeroDataBox that does not require monetary compensation to AeroDataBox, except as otherwise expressly provided in such agreement or arrangement.

You may provide attribution to AeroDataBox even where not required to do so. When attribution is provided, whether voluntarily or not, it must:

• be clearly visible and must unambiguously identify AeroDataBox as the Contents; and
• where technically feasible, must include an operational hyperlink to the then-current AeroDataBox website that must not block or suppress referral source data (e.g., must not include a “noreferrer” directive).

5.5. Except as otherwise expressly provided in the Agreements, you may cache or otherwise store Contents retrieved through the API Services, subject to the following conditions:

1. You shall make reasonable efforts to minimize the volume and duration of any Contents cached.
2. The cached Contents may be used solely to the extent necessary for the Permitted Purpose. Cached Contents shall not be used for any general, unspecified, speculative, future purpose, or for any purpose other than the Permitted Purpose, e.g., for any project or feature for which development has not commenced yet.
3. Promptly upon fulfillment of the Permitted Purpose for which any Contents were cached, you shall permanently delete such Contents.

4. Notwithstanding the foregoing, in no event shall you retain any cached Contents for a period exceeding the greater of:

   • seven (7) consecutive calendar days; or
   • if the HTTP response returned by the API Services upon initial retrieval of the relevant Contents includes a “Cache-Control” header specifying a “max-age” directive, the number of consecutive seconds specified therein; or
   • any other caching or retention period, including conditional or unconditional permanent retention, when such period explicitly specified by your Plan Terms.

   Upon expiration of this maximum retention period, you shall permanently delete the applicable cached Contents, regardless of whether the Permitted Purpose has been achieved. You may retrieve a new copy of the Contents by using the API Services.

5.6. The restrictions and conditions that apply to Contents under this Article apply equally to Derived Works, except paragraphs 5.2(b), 5.2(g), 5.2(i) and 5.5.

5.7. Except as otherwise expressly provided in the Plan Terms or any other Agreements, and notwithstanding paragraph 5.3, you shall not engage in Derived Work sublicensing, whether in exchange for payment or other consideration, or free of charge but where the third party is permitted to exploit the Derived Work commercially. For the avoidance of doubt, the following is not subject to this paragraph:

• making a Derived Work available strictly for End Use, whether in exchange for payment or other consideration, or free of charge;
• Derived Work sublicensing to a third party free of charge and where that party is not permitted to exploit the Derived Work commercially.

5.8. In order to verify your compliance with Article 5, we reserve the right, on reasonable written notice and no more than once in any twelve (12) month period, to request that you provide a written self-certification, signed by an authorized representative, describing the manner in which you use the Services, the Contents and any Derived Works, and the basis on which you consider your use to be permitted. We may request reasonable supporting information, but we will not require access to your premises, systems, or source code. Where we reasonably suspect a breach of the Agreements, we may make such a request at any time and without regard to the frequency limit set out in this paragraph. You shall respond within thirty (30) calendar days of the request. This paragraph does not oblige you to disclose information that is subject to a legal or contractual obligation of confidentiality owed to a third party, provided that you inform us that this is the case.

Article 6. Registration and Access Credentials (API Keys and Login Data)

6.1. General Provisions

6.1.1. You may need to register in order to use our Services. In most cases, you will be provided with a certain unique set of access credential(s) associated with you or your Account. The specific form of such credentials is dependent on the applicable way of delivery of the Services you wish to use. For instance:

• for the API Services: credentials shall be represented as API keys;
• for any Services provided through the Website: credentials may be represented as a pair of a username (or an e-mail address) and a password and/or a passkey.

If you consume the Services through the electronic environment of a Marketplace, additional credentials may be issued to you by that Marketplace.

6.1.2. Any credentials mentioned in paragraph 6.1.1 are strictly confidential and must not be shared with any third parties. AeroDataBox and/or Marketplace(s) and customers have a shared responsibility of keeping access credentials safe. Any incident resulting in a third party using or taking over credentials they do not own (including, without limitation, public exposure of an API key within a source code published in a GitHub repository, or API key theft due to negligence) is a serious security breach.

6.1.3. If you fail to keep any of your credentials safe, and your credential is taken over by a malicious third party as a result of your negligence, that may be considered a misuse of the Services. Hence, the AeroDataBox Parties and other users will not be liable for any loss or damage to you or any third party resulting from it. You will not be eligible for any refund or compensation either. Nevertheless, you may be held liable in case the AeroDataBox Parties or other users suffer damage as a result of such a breach.

6.1.4. You must inform AeroDataBox, and/or a Marketplace, where applicable, without delay, as soon as you become aware of the breach.

6.1.5. Credentials shall not be sold, leased, lent, assigned, transferred, or otherwise made available to anyone else. Replacing the persons who administer or use them on your behalf is not such a change (for instance when an employee leaves or when an account obtained by a service provider is handed over to the client it was obtained for).

6.1.6. You shall not create, maintain, or use multiple accounts or access credentials, to obtain extra quotas, credits, allowances, rewards, or trials to which you would not otherwise be entitled, or to circumvent any limitation, suspension, block, or ban. You may only hold several of them where reasonably required so for your own operations (for instance, separate credentials per development, staging, and production environments for the same product or project, or separate credential per each product or project you are developing), to the extent we or a Marketplace make them available. We may merge, suspend, or terminate any account or credential if we reasonably consider them redundant or used in breach of this paragraph.

6.2. Accounts Created on the Website

6.2.1. Some parts of the Services, including, without limitation, Direct Subscriptions to the API Services or access to data contribution, require you to create an Account.

6.2.2. Authentication and identity management for Accounts are provided on our behalf by a third-party identity provider, as identified in our Privacy Policy (https://aerodatabox.com/privacy). Your sign-in credentials, including any password, passkey, or third-party identity (e.g., a social or e-mail provider account) that you use to sign in, are held with that provider and not by us. You are solely responsible for the security of the identity and the sign-in method you use to access your Account, and paragraphs 6.1.1 to 6.1.4 apply to them in full. If you lose access to the identity used to create the Account, you may permanently lose access to the Account and everything associated with it.

6.2.3. You shall provide accurate, correct, up-to-date, and complete information when registering, and keep it so for as long as the Account exists.

Article 7. Billing, Payment, and Refunds

7.1. API Services: General Provisions

7.1.1. This Section applies to the API Services irrespective of the channel through which you subscribe to and consume them, namely:

• as a Direct Subscription, in which case Section 7.3 applies in addition to this Section; or
• through the electronic environment of a Marketplace, in which case Section 7.2 applies in addition to this Section.

Where a custom arrangement has been concluded between you and AeroDataBox by means of a dedicated service agreement, invoicing and billing are negotiated and arranged with you on an individual basis, and that agreement prevails over this Article to the extent of any inconsistency.

7.1.2. Except as otherwise expressly provided in the Agreements, you shall be charged according to the Plan Terms of the pricing plan you are subscribed to and, where applicable, according to the conditions of the Marketplace.

7.1.3. Except as otherwise expressly provided in the Agreements, you shall provide payments in full and on time according to the Plan Terms and, where applicable, according to the conditions of the Marketplace.

7.1.4. Except as otherwise expressly provided in the Agreements, failure to provide a timely payment imposed by your pricing plan or other applicable Agreements will automatically deem your License void and the access to the Services suspended.

7.1.5. All prices are published in U.S. Dollars (USD), exclusive of applicable sales taxes. Final prices may be readjusted during the check-out to include any applicable sales taxes, payment commissions or fees. You are responsible for all taxes associated with your use of the Services.

7.1.6. The API Services constitute digital content and digital services the performance of which begins immediately upon provisioning of your access credentials and quota, and are therefore non-refundable once delivered.

7.1.7. The API units included in your Plan Terms are allocated per billing cycle. They are reset at the beginning of each billing cycle and do not accumulate or carry over. No refund, credit, or compensation is granted for API units left unused at the end of a billing cycle, upon cancellation, or upon termination.

7.1.8. Consumption of API units is measured according to the Tiers and other conditions published on the pricing page and in the documentation.

7.1.9. We may introduce, rename, re-price, restructure, merge, suspend, or discontinue any pricing plan of the API Services, and may alter the prices, quotas, limits, permissions, restrictions, and any other conditions of the Plan Terms, at any time and at our sole discretion. This applies to all channels through which the API Services are offered. If the pricing plan you are subscribed to is discontinued, we may, at our sole discretion, transfer your subscription at its next renewal to the pricing plan we consider most comparable, or decline to renew it.

7.1.10. Such changes are updates to the Plan Terms and do not constitute amendments to these Terms. Accordingly, and except as otherwise expressly provided in the Agreements, such changes are not subject to the notification requirements of Article 15. Notwithstanding the foregoing, we will may make a reasonable effort to notify you of any changes that may degrade your billing experience (i.e., raise the price, reduce quotas or rate limits included) in accordance with paragraphs 7.2.6, 7.2.13, 7.3.6 and 7.3.17.

7.1.11. Your continued use of the API Services after such a change has taken effect in respect of your subscription constitutes your acceptance of that change. If you do not accept it, your sole and exclusive remedy is to cancel your subscription. No refund or compensation is granted in this case.

7.2. API Services Sold Through a Marketplace

7.2.1. This Section applies where you subscribe to and consume the API Services through the electronic environment of a Marketplace.

7.2.2. A Marketplace acts on our behalf both as a reseller and as the operator of the electronic environment through which the API Services are made available to you. Its functions include, without limitation: publishing our pricing plans and their Plan Terms in its environment; registering you and issuing you its own access credentials; receiving your calls to the API Services and routing them to our systems; metering your consumption and enforcing the quotas and rate limits of your pricing plan; managing the lifecycle of your subscription, including renewals, plan changes, and cancellation; and selling, invoicing, and collecting payment for the subscription, including the collection and remittance of any applicable taxes. Your payment transaction is accordingly concluded with the Marketplace and not with AeroDataBox.

7.2.3. The API Services and the Contents themselves are provided by AeroDataBox. In addition to the Agreements, the terms, conditions, and policies of the Marketplace apply to your subscription, to the payment transaction, and to your use of the environment of that Marketplace. Paragraphs 2.3 and 2.4 govern the order of precedence in case of a conflict.

7.2.4. Access credentials for the API Services are issued to you by the Marketplace. Article 6 applies to them in full.

7.2.5. The Plan Terms applicable to your subscription are those published for the corresponding pricing plan in the environment of the Marketplace. Where the plans published there differ from those published on the pricing page of the Website, for instance because a previous version of a plan has been retained for existing subscribers, the version published by the Marketplace and applicable to your subscription prevails for that subscription.

7.2.6. Your consumption of API units is metered by the gateway of the Marketplace, on the basis of the Tier and unit cost that our systems report for each call at the time that call is made. Consequently, a change to the Tier or unit cost of an endpoint takes effect for all subscriptions held through that Marketplace, whether created before or after the change, irrespective of any grandfathering applied by the Marketplace to other Plan Terms. We keep such changes to a minimum and, where practical, announce them in advance through the channels listed in Appendix B. The records of the Marketplace and our own metering records shall be authoritative in the absence of a manifest error.

7.2.7. Quotas, rate limits, overages, and the behavior of the API Services upon exhaustion of your included allowance are governed by the Plan Terms as published by the Marketplace and by the mechanisms of its environment. API credits are not available for subscriptions held through a Marketplace.

7.2.8. Renewal of your subscription, the taking effect of a plan change, and any proration applied are handled by the Marketplace in accordance with its rules.

7.2.9. You may cancel your subscription at any time in accordance with the cancellation procedure of the Marketplace, and only through the Marketplace. We are not able to cancel, suspend, or otherwise modify a subscription held through a Marketplace on your behalf.

7.2.10. Invoices and receipts are issued by the Marketplace and are available to you in its environment. Applicable taxes are determined, added, collected, and remitted by the Marketplace. Additional charges (e.g., currency conversion fees, cross-border fees, or bank or card issuer fees) may be applied by your payment method provider and are your sole responsibility.

7.2.11. If a payment fails, is declined, is reversed, or otherwise remains unsettled, the consequences for your subscription are determined by the rules of the Marketplace.

7.2.12. Refunds, cancellation of billing, chargebacks, and any other payment dispute in respect of a subscription held through a Marketplace are handled exclusively by that Marketplace in accordance with its terms.

7.2.13. Where a change to a pricing plan or to the Plan Terms concerns a plan offered through a Marketplace, whether and when it applies to a subscription already in effect is determined by the rules of that Marketplace, including any plan versioning or grandfathering it operates. This does not affect the metering rule set out in paragraph 7.2.6. We keep such changes to a minimum and, where practical and when we expect that such changes will apply to the subscriptions already in effect, announce them in advance through the channels listed in Appendix B.

7.2.14. Any statutory right of withdrawal, cancellation, or cooling-off period available to you as a consumer in respect of a subscription held through a Marketplace is governed by the terms of that Marketplace and by the mandatory provisions of the applicable law.

7.2.15. We may, at any time and at our sole discretion, add or remove Marketplaces, and may cease to offer any or all pricing plans through any Marketplace. If the API Services cease to be offered through the Marketplace you use, you may be required to subscribe again through another Marketplace or directly with us in order to continue using the API Services without interruption.

7.2.16. Enquiries concerning your subscription, billing, payments, or refunds shall be addressed to the support service of the Marketplace concerned. Enquiries concerning the API Services, the Contents, or these Terms shall be addressed to us in accordance with Article 23.

7.3. API Services Sold Through the Website (Direct Subscriptions)

7.3.1. This Section applies to the Direct Subscriptions and to the Plan Terms associated with them.

7.3.2. Payments, invoicing, taxation, and subscription billing for Direct Subscriptions are facilitated by the Payment Provider. This means that the Payment Provider sells and invoices the subscription to you, and that your payment transaction, including the collection of any applicable taxes, is concluded with the Payment Provider and not with AeroDataBox. Unlike a Marketplace, the Payment Provider is responsible for the payment transaction and related transactional matters only (billing, invoicing, taxes, payment method management, refund processing, cancellation of billing, and payment disputes): the API Services are published, delivered, metered, and supported by AeroDataBox, and your access credentials are issued by us.

7.3.3. For the avoidance of doubt, the Payment Provider is not a Marketplace. In addition to the Agreements, the terms and policies of the Payment Provider apply to the payment transaction. Paragraphs 2.3 and 2.4 govern the order of precedence in case of a conflict.

7.3.4. Access credentials for the API Services are issued to you by us and are managed in your Account on the Website. Article 6 applies to them in full.

7.3.5. The Plan Terms applicable to your Direct Subscription are those published for the corresponding pricing plan on the pricing page of the Website, in the version determined under paragraph 7.3.17.

7.3.6. Your consumption of API units is metered by our own systems, according to the Tiers and other Plan Terms published on the pricing page and in the documentation. A change to the Tier or unit cost of an endpoint takes effect for all Direct Subscriptions, whether created before or after the change, irrespective of any grandfathering that might be applicable under paragraph 7.3.17. We keep such changes to a minimum and, where practical, announce them in advance through the channels listed in Appendix B. Our records of such consumption shall be authoritative in the absence of a manifest error.

7.3.7. Where your Plan Terms expressly provide for overages, API units consumed in excess of the included monthly allowance are metered by us, reported to the Payment Provider, and charged in arrears at the published overage rate, together with, or following, the invoice for the next billing cycle. Where your Plan Terms do not provide for overages, the API Services stop accepting further calls once the included API units and any available API credits are exhausted, until the next billing cycle begins.

7.3.8. API credits (including credits granted for data contribution under paragraph 13.2.4) have no cash value, are non-refundable, non-transferable, and cannot be exchanged, redeemed, or paid out in money, nor set off against any invoiced amount. Except as otherwise expressly provided in the Agreements, API credits are consumed only after the API units included in the current billing cycle have been exhausted, and remain usable while you hold no active subscription.

7.3.9. Except as otherwise expressly provided in the Plan Terms, the Direct Subscriptions are recurring monthly subscriptions with automatic renewal. Unless cancelled, your subscription renews automatically at the end of each billing cycle for a further billing cycle of the same duration, and the fee for the upcoming billing cycle is charged in advance to the payment method on file, at the price applicable to your pricing plan and its version at the moment of renewal.

7.3.10. You may switch to another pricing plan at any time, subject to the availability of that plan. Except as otherwise expressly stated at check-out, a change of pricing plan, and the application of the Plan Terms and fees of the new plan, takes effect as follows:

• where the new plan carries a higher recurring fee than your current plan (an “upgrade”): immediately upon the change. The fee is charged on a pro-rata basis for the remainder of the current billing cycle, and your quota for that remainder is the quota included in the new plan less the API units already consumed in the current billing cycle;
• where the new plan carries a lower or equal recurring fee than your current plan (a “downgrade”): at the end of the current billing cycle. Until then, your current Plan Terms, quota, and access continue unchanged, and no refund or credit is granted in respect of the current billing cycle.

Any proration is calculated and applied by the Payment Provider.

7.3.11. You may cancel your Direct Subscription at any time, either on the billing page of your Account on the Website or through the customer portal of the Payment Provider accessible from that page. Cancellation takes effect at the end of the billing cycle that has already been paid for: your access and remaining quota for that billing cycle are retained until it ends, no further charges are made, and no refund of the fee already paid, whether in whole or on a pro-rata basis, is granted. Notwithstanding the foregoing, when the quota of API units is completely exhausted for the current billing cycle, when initiated through the billing page of your Account on the Website, cancellation takes an immediate effect. Cancellation of the subscription does not constitute Account termination, cancellation, deactivation or deletion. Cancellation does not affect availability of any API credits or Flight Alert credits.

7.3.12. Invoices and receipts are issued by the Payment Provider and are available to you in the customer portal. Applicable taxes (including, without limitation, VAT, GST, or sales tax) are determined, added, collected, and remitted by the Payment Provider as the merchant of record, on the basis of the information you provide, and are shown before you confirm the order. Additional charges (e.g., currency conversion fees, cross-border fees, or bank or card issuer fees) may be applied by your payment method provider and are your sole responsibility.

7.3.13. You agree that any information you provide during registration, check-out, or in the customer portal (including billing address, company details, tax identifiers, and payment method data) is accurate, correct, up to date, and complete, and that you are authorized to use the payment method submitted. Orders identified as fraudulent or high-risk may be declined by us or by the Payment Provider without notice.

7.3.14. If a renewal payment fails, is declined, is reversed, or otherwise remains unsettled, your Direct Subscription is deemed past due and paragraph 7.1.4 applies: your access credentials are suspended upon expiry of the billing cycle already paid for. We may restore access once payment has been settled in full. We are not liable for any loss resulting from such suspension, deactivation, or termination.

7.3.15. Save as provided in paragraphs 10.2 and 11.7, no refund is granted for unused API units or API credits, for partial billing cycles, for periods during which you chose not to use the API Services, or where access has been suspended or terminated as a result of your breach of the Agreements. Notwithstanding the foregoing, we may, at our sole discretion, grant a refund in individual cases, for instance in the event of a duplicate or demonstrably erroneous charge, or a prolonged and continuous unavailability of the API Services attributable to us. A request must be submitted in accordance with Article 23 within thirty (30) calendar days of the charge concerned and must specify the reason. Approved refunds are processed by the Payment Provider to the original payment method, may exclude taxes and fees that are not recoverable, and may take a number of business days to appear. Granting a refund in any individual case does not constitute a waiver of this paragraph and creates no entitlement to a refund in any other case.

7.3.16. If you dispute a charge, you shall contact us in accordance with Article 23 before initiating a chargeback or payment reversal with your bank or card issuer, so that we can attempt to resolve the matter. Initiating a chargeback or payment reversal in respect of the Services entitles us to suspend or terminate your License and all associated access credentials immediately and permanently, without notice and without refund, and to seek from you the disputed amounts together with any chargeback, penalty, or handling fees charged to us or to the Payment Provider.

7.3.17. Where a change to a pricing plan or to the Plan Terms concerns a plan offered as a Direct Subscription, it may, depending on the nature of the change or at our discretion, follow one of the following procedures.

1. It may apply to your Direct Subscription that is already in effect and affect your current Plan Terms either immediately or at the next renewal of that subscription at the end of the billing cycle. We will make a reasonable effort to minimize any change that could interrupt, restrict, downgrade, degrade, or otherwise negatively affect your experience of using the Services, and to prevent such a change from taking an immediate effect. Where practical and technically feasible, we will make an attempt to notify you about such a change using the channels listed in Appendix B in advance.

2. It may follow the grandfathering principle. In that case, your current Plan Terms will remain unaffected until you resubscribe to the updated version of the pricing plan of your current Direct Subscription. Notwithstanding the foregoing, if your Direct Subscription is cancelled for any reason, including due to a failed payment, you may not be able to recover to the original Plan Terms, and the updated Plan Terms will apply to you.

This does not affect the metering rule set out in paragraph 7.3.6.

7.3.18. If you are a consumer who benefits from a statutory right of withdrawal, cancellation, or a cooling-off period under the applicable law: by subscribing and thereby requesting immediate access to the API Services, you expressly request that performance begins immediately, and you acknowledge that you lose that statutory right once your access credentials have been provisioned and the API Services have been made available to you. Nothing in this Article limits any mandatory statutory rights that cannot be excluded or limited under the applicable law.

7.3.19. We may, at any time and at our sole discretion, add, replace, or discontinue the payment providers and merchants of record used for Direct Subscriptions. In such an event, you may be required to re-enter your payment details or to confirm a new subscription in order to continue using the API Services without interruption.

7.3.20. Enquiries concerning your Direct Subscription, billing, payments, or refunds, as well as enquiries concerning the API Services, the Contents, or these Terms shall be addressed to us in accordance with Article 23.

Article 8. Fair Use

8.1. You agree to use the Services responsibly and by striving to do your best to avoid causing any disruption or performance degradation of the Services.

8.2. Although the API Services are provided on a monthly subscription basis, the relevant monthly quotas are not meant to be spent within the first few hours of subscription. The API Services are not fit for exercising bulk downloading / dump practices (e.g. when all the Contents are downloaded at once by shooting several requests per second over a course of a few hours or even days in a row non-stop).

8.3. We reserve a right to block users exercising any disruptive practices without warning at any time if we consider their behavior negatively affecting the performance of the Services.

Article 9. Additional Terms

9.1. Additional terms may apply if access credentials have been granted to you based on special conditions (for instance, student API keys). These terms will be communicated by us to you in writing.

9.2. Additional terms may apply if you order any custom services from AeroDataBox. These terms will be communicated by us to you in writing.

9.3. Additional terms may apply if the Services are delivered through a Marketplace. Consult with the Marketplace about their terms.

Article 10. Suspension, Termination and Account Deletion

10.1. We may suspend or terminate the Agreements and revoke your License, including any associated access credentials, unilaterally, without notice, and with an immediate effect, where:

1. you are in breach of the Agreements, or we reasonably suspect that you are;
2. your use of the Services presents a security, legal, reputational, or operational risk to us, to a Marketplace, or to other users;
3. any payment due from you remains unsettled; or
4. we are required to do so by the applicable law or by a competent authority.

No refund, compensation, or other payment is granted in this case.

10.2. We may also terminate the Agreements and revoke your License for any other reason, on notice sent to the e-mail address associated with your Account or through the channels listed in Appendix B. Where we do so and you hold a Direct Subscription for which you have already paid, we will refund, on a pro-rata basis, the fee you have paid for the unexpired part of the current billing cycle. Where you hold a subscription through a Marketplace, we will initiate an action through the Marketplace and cancellation and refund will be handled according to the procedures of the Marketplace.

10.3. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of your access to, or use of, the Website or any content that you may have shared on the Website. Except as provided in paragraph 10.2, you will not be entitled to any compensation or other payment, even if certain features, settings, and/or any content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website or in the electronic environments of our Marketplaces.

10.4. In case of breach of any condition(s) of the License or the Agreements by you resulting in any direct and indirect losses and damages to the AeroDataBox Parties or other users, we additionally reserve the right to seek monetary compensation from you or take any additional measures as permitted by the applicable law.

10.5. Any customer can terminate the Agreements, revoke their License, and request the closure and deletion of their Account at any moment for any reason, either through the functionality provided on the Website, where available, or by contacting us in accordance with Article 23. Any subscription taken out directly with us is terminated together with the Account and, except as otherwise expressly agreed by us, such termination takes effect immediately and not at the end of the billing cycle already paid for. No refund for the unused amount of the prepaid API quota or of the fee already paid will be granted in this case. A subscription held through a Marketplace is not affected by the closure of your Account and must be cancelled separately with that Marketplace.

10.6. We reserve the right to deactivate or delete any Account that has been inactive for a continuous period exceeding six (6) months, together with everything associated with it, including any API keys, credits, receiver assignments, settings, and history. An Account is deemed inactive when, throughout that period, all of the following apply:

1. no sign-in to the Account has taken place on the Website; and
2. no request to the API Services has been made using any access credential issued to the Account; and
3. no data contribution has been received by us from any receiver or other source linked to the Account; and
4. no subscription that is active and paid for has been in effect for the Account at any moment during that period, regardless of whether the Services were actually used.

Before such a deletion we will normally attempt to send a notice to the e-mail address associated with the Account and allow a reasonable period to react, for instance by signing in. Such a notice is a courtesy and not an obligation, and its absence does not affect our right to proceed.

10.7. Upon termination, suspension, deactivation, or deletion, and with immediate effect: the License and every permission granted to you under the Agreements end; the access credentials concerned cease to function; and, except as provided in paragraph 10.2, any unused quota, units, credits, rewards, or other balances are forfeited without any refund, compensation, payment, or substitution. Any Contents you have cached or otherwise retained shall be deleted in accordance with paragraph 5.5, except where the Plan Terms expressly provide that retention survives the end of your subscription.

10.8. We are under no obligation to retain, back up, export, or return any data associated with your Account or your use of the Services, whether before or after termination. You are solely responsible for keeping your own copies of anything you need, within the limits the Agreements place on copying and retention.

10.9. The provisions of the Agreements which by their nature are intended to survive remain in force after termination, including those on intellectual property (Article 3), confidentiality (Article 12), disclaimer of warranties (Article 16), liability (Article 17), indemnification (Article 18), and choice of law and disputes (Article 22).

Article 11. Force Majeure

11.1. The ICC Force Majeure Clause (Long Form) is incorporated in the present Terms. Where a provision of this Article expressly provides otherwise, that provision prevails over the incorporated clause to the extent of the inconsistency.

11.2. Neither Party shall be liable for any failure or delay in performing its obligations under the Agreements to the extent that such failure or delay is caused by a Force Majeure Event.

11.3. The following events are presumed to be beyond the reasonable control of the affected Party and to have been unforeseeable by that Party at the time the Agreements were entered into, so that a Party invoking this Article in respect of them need prove only that the effects of the event could not reasonably have been avoided or overcome:

1. war (whether declared or not), hostilities, invasion, act of foreign enemies, or extensive military mobilisation;
2. civil war, riot, rebellion, revolution, military or usurped power, insurrection, act of terrorism, sabotage, or piracy;
3. currency or trade restriction, embargo, or sanction;
4. act of authority, whether lawful or unlawful, compliance with any law or governmental order, expropriation, seizure of works, requisition, or nationalisation;
5. plague, epidemic, natural disaster, or extreme natural event;
6. explosion, fire, destruction of equipment, or prolonged breakdown of transport, telecommunications, information systems, or energy supply;
7. general labour disturbance, including boycott, strike, lock-out, go-slow, or occupation of factories and premises.

11.4. The affected Party shall give notice to the other Party without undue delay after becoming aware of the Force Majeure Event and of its effect on that Party’s ability to perform. Relief under this Article takes effect from the occurrence of the event where such notice is given without undue delay, and otherwise from the moment the notice is given.

11.5. The affected Party shall use reasonable efforts to mitigate the effects of the Force Majeure Event and to resume performance, and shall notify the other Party when it is able to do so.

11.6. Performance of the affected obligations is suspended for the duration of the Force Majeure Event, and the affected Party is not liable for damages or any other contractual remedy in respect of that period. This Article does not excuse any obligation to pay amounts that had already fallen due before the Force Majeure Event occurred.

11.7. Where a Force Majeure Event prevents performance for a continuous period exceeding thirty (30) calendar days, either Party may terminate the affected Agreements on written notice to the other, with immediate effect. In that case, and notwithstanding paragraphs 7.3.11 and 7.3.15, we will refund, on a pro-rata basis, any fees you have paid in advance for the period during which the Services were not made available to you.

Article 12. Confidentiality

12.1. Our Confidential Information includes, without limitation: non-public aspects of the Services and their operation; any Contents not made generally available; security-related information; and any non-public Plan Terms or commercial terms offered to you. Your Confidential Information includes, without limitation, non-public information concerning your applications, systems, and use cases that you disclose to us.

12.2. Confidential Information does not include information that:

1. is or becomes generally available to the public other than as a result of a breach of this Article by the Recipient;
2. was rightfully known to the Recipient, without obligation of confidence, before its disclosure by the Discloser;
3. is rightfully received by the Recipient from a third party without any obligation of confidence; or
4. is independently developed by the Recipient without use of or reference to the Confidential Information of the Discloser.

12.3. The Recipient shall:

1. protect the Confidential Information using at least the degree of care it applies to its own confidential information of like importance, and in no event less than reasonable care;
2. use the Confidential Information solely for the purposes of performing under, or exercising its rights under, the Agreements; and
3. disclose the Confidential Information only to those of its employees, contractors, and professional advisers who need to know it for those purposes and who are bound by obligations of confidentiality no less protective than those of this Article. The Recipient remains responsible for any breach of this Article by such persons.

12.4. The Recipient may disclose Confidential Information to the extent required by the applicable law, by a court of competent jurisdiction, or by a regulatory authority, provided that it gives the Discloser prompt written notice where it is legally permitted to do so, and reasonably cooperates, at the expense of the Discloser, in any effort by the Discloser to obtain confidential treatment of the information disclosed.

12.5. The obligations in this Article continue for three (3) years from the date of each disclosure, except that Confidential Information that constitutes a trade secret under the applicable law remains protected for as long as it continues to qualify as a trade secret.

12.6. Upon termination of the Agreements, or upon the written request of the Discloser, the Recipient shall return or permanently destroy the Confidential Information in its possession, save for copies retained in routine backup systems or where retention is required by the applicable law, which remain subject to this Article for as long as they are retained.

12.7. Nothing in this Article grants the Recipient any licence or other right in or to the Confidential Information of the Discloser. Personal information is governed by the Privacy Policy and not by this Article.

Article 13. Data Contribution and Idea Submission

13.1. General Provisions

13.1.1. You shall not submit or contribute to us any data, ideas, works, or other information that may be considered your own intellectual property and that you would like to present to us, unless we have first signed with you an agreement regarding the intellectual property or a non-disclosure agreement.

13.1.2. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media, products or developments, including for commercial purposes.

13.2. Data Contribution

13.2.1. You may choose to contribute your aviation or flight data (e.g., ADS-B flight surveillance data) manually or through automated means (e.g., using ADS-B receivers connected to our electronic environment) to us. Except as otherwise expressly provided in the Agreements, Section 13.1 shall apply to this data as to any other submission.

13.2.2. To the best of your knowledge and ability, any data contributed by you must be accurate, correct and valid. It is not allowed to contribute any obsolete, delayed, inaccurate, modified, erroneous or misleading data to us.

13.2.3. It is not allowed to contribute any data to us that does not belong to you and/or is copied or rebroadcasted from third-party feeds or aggregators.

13.2.4. Notwithstanding the gratuitous nature of your data contribution (as defined by Section 13.1), we may grant you non-monetary rewards for your contribution. For example, you may be able to get credits to access the Services on top of / in lieu of your paid subscription. These rewards may be granted to you automatically or as a result of a manual action by the AeroDataBox team. Any reward and its extent granted under this paragraph remain strictly at our sole discretion and subject to change at any time. We reserve the right to revoke rewards granted previously for any reason, especially if any breach of the Agreements is suspected.

13.2.5. We reserve the right to reject any data you submit or contribute to us and we may restrict you from contributing or submitting any data in future, for any reason, especially if any breach of the Agreements is suspected.

Article 14. Privacy

14.1. We take your personal data seriously and are committed to protecting your privacy. We collect, use, and disclose personal information only for purposes that a reasonable person would consider appropriate in the circumstances, and only with your knowledge and consent, except as otherwise permitted by the applicable law.

14.2. We have developed a policy to address any privacy concerns you may have. For more information, please refer to our Privacy Policy (https://aerodatabox.com/privacy).

14.3. If you are consuming any of our Services through a Marketplace, additional privacy policies of that Marketplace may be applicable.

Article 15. Modifications

15.1. AeroDataBox reserves the right to alter, replace or modify any part of these Terms in its sole discretion at any time.

15.2. Changes of minor importance not reasonably affecting the meaning and substance of the Terms (e.g., correcting spelling mistakes) can be made at any time without any notice with an immediate effect.

15.3. In case of a significant change affecting the meaning and substance of the Terms (except Appendices), a relevant notice will be given by:

• publishing the updated contents and the date of revision of an applicable Agreement on the “Terms of Use” page of the Website at https://aerodatabox.com/terms; and
• sending you a notification through one of the channels listed in Appendix B.

15.4. Any significant change of Terms reasonably affecting their substance and meaning is effective thirty (30) calendar days after publishing.

15.5. Notwithstanding paragraph 15.4, changes required by law, changes necessary to address security vulnerabilities, or changes that do not materially affect your rights or obligations may take effect immediately upon posting.

15.6. In any event, your continued use of the Services will always constitute your acceptance of corresponding changes to the Terms. You are advised to review these Terms on a regular basis.

Article 16. Disclaimer of Warranties

16.1. THE SERVICES AND CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AERODATABOX EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION:

1. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
2. ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE;
3. ANY WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, OR SECURITY OF THE SERVICES OR CONTENTS.

16.2. THE CONTENTS AND SERVICES MAY INCLUDE DATA OBTAINED FROM THIRD-PARTY SOURCES OR PROVIDERS. THIS DATA MAY CONTAIN ERRORS, OMISSIONS, DELAYS, OR INACCURACIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE AGREEMENTS, AERODATABOX MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH THIRD-PARTY DATA AND DISCLAIMS ALL LIABILITY ARISING FROM YOUR RELIANCE ON SUCH DATA.

16.3. NOTHING ON THE WEBSITE CONSTITUTES OR IS MEANT TO CONSTITUTE LEGAL, FINANCIAL, OR MEDICAL ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

Article 17. Liability

17.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND CONTENTS IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENTS.

17.2. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL THE AERODATABOX PARTIES BE LIABLE FOR ANY:

1. INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
2. LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
3. LOSS OF DATA OR DATA CORRUPTION;
4. LOSS OF USE OR INTERRUPTION OF BUSINESS;
5. COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
6. ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND, HOWEVER CAUSED,

WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF THE AERODATABOX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.3. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE AERODATABOX PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE AGREEMENTS, THE SERVICES, OR THE CONTENTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF:

1. THE TOTAL FEES ACTUALLY PAID BY YOU TO AERODATABOX, DIRECTLY OR THROUGH THE MARKETPLACES, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
2. ONE HUNDRED UNITED STATES DOLLARS (USD 100).

17.4. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS SET FORTH IN THIS ARTICLE SHALL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE AGREEMENTS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

17.5. YOU ACKNOWLEDGE THAT THE FEES CHARGED BY AERODATABOX REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE AGREEMENTS, INCLUDING THE LIMITATIONS OF LIABILITY, AND THAT AERODATABOX WOULD NOT ENTER INTO THESE AGREEMENTS WITHOUT THESE LIMITATIONS.

17.6. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE AGREEMENTS, THE SERVICES, OR THE CONTENTS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, AND FAILURE TO BRING A CLAIM WITHIN THIS PERIOD SHALL CONSTITUTE A WAIVER OF SUCH CLAIM. THIS PARAGRAPH DOES NOT APPLY WHERE, AND TO THE EXTENT THAT, THE APPLICABLE LAW DOES NOT PERMIT A LIMITATION PERIOD TO BE SHORTENED BY AGREEMENT, INCLUDING WHERE YOU ARE A CONSUMER WHOSE STATUTORY RIGHTS MAY NOT BE WAIVED.

Article 18. Indemnification

18.1. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE AERODATABOX PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, SETTLEMENTS, JUDGMENTS, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPERT WITNESS FEES) ARISING OUT OF OR RELATING TO:

1. YOUR ACCESS TO OR USE OF THE SERVICES OR CONTENTS;
2. YOUR VIOLATION OF ANY TERM OF THESE AGREEMENTS;
3. YOUR VIOLATION OF ANY APPLICABLE LAW, REGULATION, OR THIRD-PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY, PRIVACY, OR PUBLICITY RIGHT;
4. ANY APPLICATION, PRODUCT, SERVICE, OR CONTENT THAT YOU DEVELOP, OFFER, OR OPERATE USING THE SERVICES OR CONTENTS;
5. ANY THIRD-PARTY CLAIMS ARISING FROM THE ACTS OR OMISSIONS OF YOUR END USERS OR CONSUMERS OF YOUR DERIVED WORKS;
6. ANY DATA OR CONTENT YOU SUBMIT TO OR TRANSMIT THROUGH THE SERVICES;
7. YOUR NEGLIGENT OR WRONGFUL ACTS OR OMISSIONS; OR
8. ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES IN THESE AGREEMENTS.

18.2. YOUR INDEMNIFICATION OBLIGATIONS UNDER THIS ARTICLE SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE AGREEMENTS.

Article 19. Limited Relationship

19.1. Notwithstanding any other provision of the Terms, nothing in these Terms shall be interpreted as constituting a joint entity, agency relationship, joint venture or partnership, or any relationship of an employer and employee between you and AeroDataBox.

19.2. The AeroDataBox Parties other than AeroDataBox are intended third-party beneficiaries of Articles 16, 17, and 18, and each of them may rely on and enforce those Articles as if it were a Party to the Agreements. AeroDataBox holds the benefit of those Articles on their behalf for that purpose. Except as set out in this paragraph, no person who is not a Party has any right to enforce any provision of the Agreements.

Article 20. Transfer of Rights

20.1. You cannot transfer your rights deriving from the Agreements with AeroDataBox to third parties without the prior written permission of AeroDataBox.

20.2. We may assign, transfer, or novate any or all of our rights and obligations under the Agreements to an affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets or of the business to which the Agreements relate. We will inform you of any such assignment through the channels listed in Appendix B. Your rights under the Agreements are not diminished by such an assignment.

Article 21. Nullity, Annullability and Waiver

21.1. If any provision of these Agreements is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

21.2. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of AeroDataBox, or if such modification is not possible, shall be severed from these Agreements. The Parties agree to negotiate in good faith to replace any invalid provision with a valid provision that achieves, to the extent possible, the original economic and legal intent of the invalid provision.

21.3. Failure to enforce any of the provisions set out in these Terms or any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

Article 22. Choice of Law, Disputes and Compliance

22.1. The Agreements, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to any conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22.2. Before commencing any proceeding, the Parties shall attempt in good faith to resolve the dispute informally. The Party raising the dispute shall send written notice to the other in accordance with Article 23, describing the dispute and the relief sought, and the Parties shall confer for a period of thirty (30) calendar days from that notice. This paragraph does not apply to an application for injunctive or other equitable relief under paragraph 22.4.

22.3. The Parties irrevocably attorn to the exclusive jurisdiction of the courts of the Province of British Columbia in respect of any dispute or claim arising out of or in connection with the Agreements, the License, the Services, or the Contents.

22.4. Notwithstanding paragraph 22.3, either Party may apply to any court of competent jurisdiction for injunctive or other equitable relief to prevent or restrain the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or Confidential Information.

22.5. Nothing in this Article limits any mandatory right you may have under the consumer protection law applicable to you, including any right to bring proceedings before the courts of your place of residence or to complain to a regulatory authority.

22.6. These Agreements shall be interpreted and construed exclusively in English. The original English text shall prevail in the case of any dispute. All notices and correspondence shall be in English.

22.7. You represent and warrant that:

1. you are not located in a country or territory that is subject to embargo by the Government of Canada or the United States government, or that has been designated as a “terrorist supporting” country; and
2. you are not listed on any Canadian or United States government list of prohibited, restricted, or sanctioned parties.

You shall comply with all applicable export control laws and regulations.

Article 23. Contact Information

23.1. You may contact us using contact data on our Contact Us (https://aerodatabox.com/contact) page.

Appendix A. Authorized Marketplaces

This Appendix lists the authorized Marketplaces and URLs to their respective Agreements applicable at the moment of publishing this Appendix (October 4, 2024). This list is published in good faith and for reference purposes only. We do not make any warranties regarding the completeness and correctness of this list or any of its items. It is always the sole responsibility of the client to find and get familiarized with the applicable Agreements when using the Services through a Marketplace.

• Nokia – RapidAPI Marketplace (website: https://rapidapi.com)
  • Terms of Service: https://rapidapi.com/terms/
  • Privacy Policy: https://rapidapi.com/privacy/
• API.Market (MagicAPI) Marketplace (website: https://api.market)
  • Terms of Service: https://api.market/terms_of_service
  • Privacy Policy: https://api.market/privacy_policy

Appendix B. Notification Channels

This Appendix lists the channels we could use to contact you or provide you with news, updates and important notifications regarding our Services.

• Sending an e-mail to clients subscribed to the Newsletter on the Website.
• When you subscribe through an authorized Marketplace: sending a message or announcement via corresponding messaging or announcement channels within the electronic environment of that Marketplace, if applicable and technically feasible.
• Publishing a post on the news page of the Website at https://aerodatabox.com/news.