Article 1. Introduction
1.1. These Terms of Service (hereinafter may be referred to as “the Terms”) determine acceptable terms and conditions of use of data delivery and API services (hereinafter may be referred to as “Service(s)”) deliverable by AeDBX Software, established in The Hague, The Netherlands (hereinafter may be referred to as “AeroDataBox”, “we”, “our(s)”, “us”) through our website aerodatabox.com, including its sub-domains (hereinafter may be referred to as “Website”), or through any third party electronic environment, (including but not limited to websites or online API marketplaces), distributing our Services as a part of their own services or products (hereinafter may be referred to as “Distributor(s)”).
1.2. The Terms are applicable to the following entities (hereinafter referred to as “you”, “your(s)”, “user(s)”, “client(s)”, “customer(s)”):
- any individuals or legal entities using our Services (hereinafter may be referred to as “Direct Users”); or
- any individuals or legal entities on whose behalf Direct Users are using the Services.
1.3. AeroDataBox and the Customer hereinafter may be referred to as “Parties” (or “Party”).
Article 2. Accepting
2.1. Use of the Services is subject to acceptance of the following agreements (hereinafter may be referred to as “Agreement(s)”):
- these Terms;
- any applicable terms, conditions, guidelines, policies, and/or other provisions applicable to and/or governing the consumption of services through the Distributor, (applicable if the Services are consumed through a Distributor);
The list of known Distributors and links to their applicable Agreements is published in Appendix A of these Terms. If a Distributor is not specified in that list, all provisions of this Agreement shall remain in force regardless.
- other written or oral business/service agreement(s) and/or contract(s) concluded between you and AeroDataBox, if applicable.
2.2. By using the Services (either directly or through a Distributor), you acknowledge that you have read, understood, able, and agree to be legally bound by and comply with all applicable Agreements.
2.3. 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, understood, able, and agree to be legally bound by and comply with all applicable Agreements 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;
- you are currently disallowed, blocked, or banned from using the Services by AeroDataBox or any of its Distributors.
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 (hereinafter referred to as “the License”).
3.2. Unless stated otherwise 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 Services are delivered to you through a Distributor, additional Distributor’s License provisions 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 read and understand all publicly available guidelines, materials, FAQs, and other documentation, especially the description of data coverage limitations and restrictions published by AeroDataBox on the Website and, if applicable, in the Distributor’s electronic environment.
4.4. All the Contents delivered through the Services are composed of data aggregated from third-party suppliers and AeroDataBox does not generate or exclusively own any data themselves.
Article 5. General Conditions
5.1. You shall comply with the conditions of your (pricing) plan and all applicable Agreements between you and AeroDataBox.
5.2. Unless stated otherwise in the Agreements, you or your end-users or customers are not allowed to:
a. Use the Services for any activities where the use, failure to use, or failure of the Services could lead to death, personal injury, environmental damage, or any kind of incident or accident. Consequently, using the Services for real-life aircraft operations or aircraft navigation is not permitted.
b. Sublicense the Services or any content delivered through the Services (hereinafter – “the Content(s)”) for use by a third party. For instance, you will not create an API that functions substantially the same as the AeroDataBox API and offer it for use by third parties.
c. Perform an action with the intent of introducing to the Services or the Content any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
d. 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.).
e. Reverse engineer, decompile, hack or attempt to extract the source code or the 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.).
f. Remove, obscure, or alter any Agreements of AeroDataBox or our Distributors or any links to or notices of those Agreements.
g. 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.
h. Use any means to circumvent technical limitations (API call quotas, rate limiting, etc.) imposed by your pricing plans or conditions of the Agreements.
i. Copy, translate, modify, create a derivative work of, resell, lease, lend, convey, distribute, publicly display, or sublicense the Contents to any third party.
k. Misrepresent the source or ownership; remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of the material.
l. Make any statements regarding your use of the Services which suggest a partnership with, sponsorship by, or endorsement by AeroDataBox.
m. Use the Service in any manner or for any purposes that may constitute a violation or a breach of any applicable law or regulation, or any rights of any person, including but not limited to rights of privacy, copyrights, or rights of personality.
Article 6. Access Credentials (API Keys)
6.1. Access to the Services is made possible by providing certain unique access credential(s) (for instance, API keys) associated with each individual user. The specific nature of such credentials is dependent on the applicable way of delivery of the Services. In any event, these credentials are strictly confidential and in no event meant to be shared with third parties.
6.2. AeroDataBox and/or Distributor(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 (e.g. public exposure as a result of posting an API key within an application source code published to GitHub repository; or API key theft due to unlawful interference or negligence) is a serious security breach.
6.3. If you fail to keep your credential or API key safe, and your key is taken over by a third party as a result of your negligence, that may be considered a misuse of the Services. Hence, AeroDataBox or its Distributors, suppliers, affiliates, directors, officers, employees, 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 AeroDataBox or its Distributors, suppliers, affiliates, directors, officers, employees, and other users suffer damage as a result of such a breach.
6.4. You shall inform AeroDataBox or a Distributor immediately once you become aware of the breach.
Article 7. Billing and Payment
7.1. If you are consuming the Servicing directly through the AeroDataBox electronic environment, then invoicing and billing will be negotiated and arranged with you on an individual basis.
7.2. If you are consuming the Services through a Distributor which supports billing functions, the relevant Terms of the Distributor are applicable.
7.3. Unless stated otherwise in the Agreements, you shall be charged according to the conditions of the pricing plan you are subscribed to.
7.4. Unless stated otherwise in the Agreements, you shall provide payments in full and on time according to the conditions of your pricing plan.
7.5. Unless stated otherwise 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 Agreement will be terminated with an immediate effect.
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 part of the Services is provided on a monthly contribution basis, the relevant monthly quotas are not meant to be spent within the first few hours after subscribing. The API does 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). 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 service.
Article 9. Additional Terms
9.1. Additional usage terms may apply if an access credential has been granted based on special conditions (for instance, student API keys). These terms will be communicated by us to you in writing.
9.2. Additional usage terms may apply if you order any custom services from AeroDataBox.
9.3. Additional usage terms may apply if the Services are delivered through a Distributor.
Article 10. Termination
10.1. We reserve the right to terminate/suspend the Agreements and revoke your License, including any associated access credentials (e.g. API keys) unilaterally, at any time, for any reason, without notice, and with an immediate effect.
10.2. In case of breach of any condition(s) of the License or the Agreements by you, we additionally reserve the right to:
- exercise the right to terminate as described in paragraph 1 of this Article with no compensation or refunds provided to you; and
- seek monetary compensation from you for any direct and indirect losses and damages AeroDataBox, its Distributors, suppliers, affiliates, directors, officers, employees, or other users incurred as a result of this breach.
10.3. Any customer can terminate the Agreements and revoke their License at any moment for any reason. No refund for the unused amount of the prepaid API quota will be granted in this case, if applicable.
Article 11. Force majeure
11.1. In addition to the provisions of the applicable law, a shortcoming of AeroDataBox in the fulfillment of any obligation to the customer cannot be attributed to AeroDataBox in any situation independent of the will of AeroDataBox, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from the AeroDataBox.
11.2. The force majeure situations referred to in paragraph 1 of this article are also applicable – but not limited to: state of emergency (such as (civil) war, insurrection, riots, natural disasters, etc.); defaults, death, declaring bankruptcy, or shutting down the business, and force majeure of suppliers or other third parties; unexpected disturbances of power, electricity, internet, computer, hosting providers, servers or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work stoppages.
11.3. If a situation of force majeure arises as a result of which AeroDataBox cannot fulfill one or more obligations towards the customer, these obligations will be suspended until AeroDataBox can comply with them.
11.4. From the moment that a force majeure has lasted at least 30 calendar days, the Parties may dissolve the Agreements in whole or in part.
11.5. AeroDataBox does not owe any (damage) compensation to Users in a situation of force majeure, even if it has obtained any advantages as a result of such a situation.
Article 12. Confidentiality
12.1. Each Party will keep confidential any information he receives (in whatever form) from the other Party.
12.2. The same applies to all other information concerning the other Party of which he knows or can reasonably suspect that it is secret or confidential, or of which he can expect that its dissemination could cause damage.
12.3. Each Party will take all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 of this article confidential.
12.4. The duty of confidentiality described in this article does not apply to information:
- which was already public before the Party learned of this information or which later
- became public without this being the result of a breach of the Party’s duty of confidentiality;
- which is made public by any of the Parties on the basis of a legal obligation.
12.5. The duty of confidentiality described in this article applies for the duration of the License and for a period of 3 years after its expiry or termination.
Article 13. Modifications
13.1. AeroDataBox reserves the right to alter, replace or modify any part of these Terms in its sole discretion at any time.
13.2. Changes of minor importance not reasonably affecting the meaning and conditions of the Terms (e.g. correcting spelling mistakes) can be made at any time without any notice with an immediate effect.
13.3. In case of significant changes affecting the meaning and conditions of the Terms, a relevant notice will be given by:
- sending an email to clients subscribed to Newsletter on the Website; or
- sending a message or any other form of digital notification to subscribed clients via corresponding messaging / announcement channels within the electronic environment of a known Distributor, if applicable and technically possible; or
- publishing the updated contents and the date of revision of an applicable Agreement in the relevant location of the electronic environment of a known Distributor, if applicable and technically possible.
13.4. Unless required otherwise for legal reasons, any significant change of Terms is effective 7 calendar days after publishing.
13.5. In any event, your continued use of the Service will always constitute your acceptance of corresponding changes to the Terms. You are advised to review these Terms on a regular basis.
Article 14. Disclaimer of Warranties
14.1. The Services, as well as the Contents, are provided in good faith, on an “As is” and “As available” basis. AeroDataBox disclaims all warranties and representations (express or implied, oral or written) with respect to the Agreements, the Services, or the Contents, whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any warranties of merchantability, fitness for any purpose, non-infringement, and conditions of title.
14.2. To the fullest extent permitted by applicable law, AeroDataBox does not make any warranties about:
- The availability, completeness, correctness, reliability, timeliness, security, and accuracy of the Services and the Contents.
- Whether the Services or the Content will meet your or your end users’ requirements or expectations.
- Any action you or your end-users take upon the Services or the Content and its consequences.
Article 15. Liability
15.1. Usage of the Services or the Content is strictly at your own risk at all times.
15.2. Unless stated otherwise in the Agreements, under no circumstances AeroDataBox and its Distributors, suppliers, affiliates, directors, officers, employees, and other users will be held responsible or liable for any incidental, special, indirect, consequential, exemplary, or punitive losses, harm or damages to you or any third party caused by or alleged to be caused by using or inability to use the Services or the Content by you or your end-users.
Article 16. Indemnification
16.1. Unless prohibited by applicable law or in the Agreements, you will defend and indemnify AeroDataBox and its Distributors, suppliers, affiliates, directors, officers, employees, and other users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
- your misuse or your end user’s misuse of the Services or the Contents; or
- your violation or your end user’s violation of the Agreements.
Article 17. Limited Relationship
17.1. 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.
Article 18. Transfer of Rights
18.1. You cannot transfer your rights deferring from the Agreements with AeroDataBox to third parties without the prior written permission of AeroDataBox.
Article 19. Consequences of Nullity or Annullability
19.1. If one or more provisions of the Agreements prove null or annullable, this will not affect the other provisions of the Agreements.
19.2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what AeroDataBox had in mind when drafting the conditions on that issue.
Article 20. Choice of Law & Disputes
20.1. Dutch law is exclusively applicable to all the Agreements between Parties.
20.2. The courts located in the Netherlands are exclusively competent in case of any disputes between Parties unless applicable law prescribes otherwise.
20.3. In the event of any controversy or claim arising out of or relating in any way to these Agreements, the License, the Service, or the Contents, the Parties agree to consult and negotiate with each other and, recognizing their mutual interests, try to reach a solution satisfactory to both Parties. If Parties do not reach settlement within a period of 90 days, then either of them, by notice to the other, demands mediation under the mediation rules of the applicable jurisdiction. Both Parties give up their right to litigate their disputes and may not proceed to arbitration without first trying mediation, but Parties are NOT required to arbitrate any dispute in which either Party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, the Parties (you and AeroDataBox) intend and agree:
- not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other;
- not to assert class action or representative action claims against the other in arbitration or otherwise; and
- will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.
20.4. If a settlement is not reached within a settlement period after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with applicable law.
Appendix A. Known Distributors
This section covers the list of known Distributors and URLs to their respective Agreements applicable at the moment of publishing this section (April 21, 2022). 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 a sole responsibility of a client to find and get familiarized with the applicable Agreements when using the Services through a Distributor.
- RapidAPI Marketplace (web-site: http://rapidapi.com)
Terms of Service: https://rapidapi.com/terms/
Last updated: April 21, 2022