Terms and Conditions
This Terms and Conditions of Service and License Agreement (“Agreement”) is made to put forward the terms and conditions of API and database services as well as any other services provided in electronic environment through the website of www.aviayair.com (“Website”)”; and binds registered users of Services (hereinafter may be referred to as “you”, “your”, “client”, “licensee”, etc.)
Description of Service
The Services provided by Aviyair consists of (i) all static and dynamic aviation data feeds in different categories through APIs seen on the Website that can be reached by API keys Users may receive with API subscriptions that grant access to specific APIs under the limitations shown on the Website; and (ii) standalone databases on aviation data in different categories that are subject to one-time purchase and indefinite access unless expressed otherwise on the Website (collectively may be referred to as “Services”). Aviyair provides downloadable databases under instant payment as well as API subscriptions under automatic monthly payments with an initial reduced price for the first trial month. The downloadable database contains aviation data which is of a static nature and will not be frequently updated. The specific terms (such as monthly API call limits and support opportunities) and APIs included in each subscription plan may vary depending on the API subscription plan in question and is as shown on the Website.
Account and Registration
3.1. Accepting the terms
3.2. You may not use the Database and APIs or any other Services, and may not accept the Terms if (a) you are not of legal age to form a binding contract with Aviyair, or (b) you are a person barred from using or receiving the APIs under the applicable law of your country in which you are resident, from which you access the Database and APIs or any other country.
3.1. Entity-Level Acceptance
If you are using the Database and APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Agreement and by accepting the Agreement, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).
3.4. In order to access certain Database and APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the Database and APIs, or as part of your continued use of the Database and APIs. Any registration information you give to Aviyair will always be accurate and up to date and you’ll inform us promptly of any updates.
4.1. Aviyair hereby grants you a non-exclusive, non-transferable, revocable, and limited license for the term that this Agreement between you and Aviyair is in force (hereinafter may be referred to as the “License”). The License granted to Users is strictly for the limited purposes and terms and conditions set in this Agreement. Use of Aviyair Services is licensed, and not sold. You do not acquire ownership of any rights in our APIs, databases or the content that is accessed through our APIs and databases via this License.
4.2. Within the scope of the License, unless expressly permitted by Aviyair or by applicable law, you shall not, and shall not permit your end users or others acting on your behalf to, do the following with content returned from the APIs and included in the databases:
- Scrape, build databases, or otherwise create permanent copies of such content;
- Copy, translate, modify, create a derivative work of, resell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
- Misrepresent the source or ownership; or
- 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 material.
- Sublicense (or allow those acting on your behalf to) an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.
- Interfere with or disrupt the APIs or the servers or networks providing the APIs.
- Reverse engineer, otherwise decompile or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
- Use the APIs and databases for any activities where the use or failure of the APIs and databases could lead to death, personal injury, environmental damage or violate or infringe the intellectual property rights of Aviyair or third parties.
- Unless expressly stated in this Agreement, use, store or access the Services or permit others to use, market, distribute, access, store, export the content provided through the Services after the termination of the Agreement for any reason.
- Use the Services in any manner that may violate the applicable law, or third-party rights.
4.3. Aviyair shall have the right to compensation of all damages it may incur as a result of the violence or breach of the License or this Agreement by Users or any of their end-users.
4.4. The License only permits you to use and benefit from the Services for your and your end-users’ reference. Unless expressly stated herein, you shall not transfer, resell or permit the transfer or resell of the content returned from the APIs and included in the databases outside of your applications or to third parties for any reason whatsoever.
4.5. You shall not create APIs or tools that transmit data in similar ways by using the Data you recieve through the Services of Aviyair; mirror the Data to third-party servers; post the Data in an “as is” manner for the access of third parties; reverse engineer Aviyair APIs or extract the source code of the APIs; or attempt such actions for any reason whatsoever. The User agrees to compensate Aviyair immediately for the direct and indirect damages Aviyair may suffer as a result of any of these unlawful actions. In case Aviyair becomes unaware of such activities or attempts, Aviyair has the right to cease and terminate the access to the Services associated with such User without notice and compensation or refunds.
Our Liability for the Service
5.1. Except as expressly set out in the Service Level Agreement (SLA), neither Aviyair nor its suppliers, distributors or employees make any further specific promises about the Databases, APIs or the Services overall.
5.2. Limitation of Liability
Aviyair, and Aviyair’ suppliers, distributors or employees will not be responsible for lost profits, revenues, or data; financial losses; or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of Aviyair, and its suppliers and distributors, for any claim under the terms, including for any implied warranties, is limited to the amount you paid us to use the applicable database or APIs during the months giving rise to the liability.
5.3. In all cases, Aviyair, and its suppliers and distributors will not be liable for any expense, loss, or damage that is not reasonably foreseeable or even if Aviyair was informed of the probability of such expense, loss or damage in prior.
5.4. Aviyair shall not be liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. We do not represent or warrant that the Services or access to the Services, in this regard especially the APIs due to their structure, will be provided in an uninterrupted or error-free manner or in case of such error, these will be corrected.
5.5. In any case, Aviyair provides the Services in good faith, Aviyair does not guarantee or warrant absolutely complete accuracy, reliability, timeliness, correctness or completeness of the Data or that the Services will be provided absolutely error-free.
5.6. Aviyair may change or modify the structure or the format of the APIs, Data, Websites or the Services overall from time to time without notice and on its sole discretion.
6. Unauthorized Access
6.1. Accessing the API content is only possible through an API key that is generated and provided to Users upon successfully creating an API subscription and remains active for as long as the API subscription plan associated with it is active. Such API key generated and provided by Aviyair is subject to personal use of the User only and shall not be shared with third parties without Aviyair’ prior written approval.
6.2. Furthermore, the User shall take all necessary steps to safeguard their API key, and dashboard password to prevent unauthorized access, disclosure, modification, publication, reproduction, resell, transfer or any use of the API key or the content provided through the APIs by unauthorized third parties. The User accepts and agrees that in case such event occurs as a result of the User’s fault or negligence their obligation to safeguard their API key, the User shall be responsible for all damages Aviyair and third parties may incur.
6.3. If you become unaware of such unauthorized access and usage as explained in this Article, you shall contact us immediately.
7. Usage Terms
7.1. The User shall require their end-users to comply with (and not knowingly enable them to violate) any applicable law, regulation, and the terms and conditions of this Agreement.
7.2. The User shall comply with all applicable law, regulation, and third-party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). The User shall not use the Services to encourage or promote illegal activity or violation of third-party rights.
7.3. The User agrees that Aviyair may monitor use of the APIs to ensure quality, improve Aviyair services, and verify the User’s compliance with the terms. We may suspend User access to the APIs without notice if we reasonably believe that you are in violation of this Agreement and/or your License.
7.4. Aviyair supports data portability. For as long as you use or store any user data that you obtained through the APIs, you agree to enable your users to export their equivalent data to other services or applications of their choice in a way that’s substantially as fast and easy as exporting such data from Aviyair products and services, subject to applicable laws, and you agree that you will not make that data available to third parties who do not also abide by this obligation.
7.5. You shall not make any statements regarding your use of a Database or API which suggests a partnership with, sponsorship by, or endorsement by Aviyair without Aviyair’ prior written approval.
7.6. In the course of promoting, marketing, or demonstrating the APIs you are using and the associated Aviyair products, Aviyair may produce and distribute incidental depictions, including screenshots, video, or other content from your API client, and may use your company or product name. You hereby grant us all necessary rights for the above purposes.
8. Personal Data and Privacy
9. Pricing, Subscriptions and Refunds
9.1. The prices and monthly API call limits for the subscription plans of Aviyair, are handled as follows: Each API subscription level has a different amount of API calls limit and different features. You shall comply with the monthly API call limits associated with your account. Unused API calls associated with a monthly subscription period will not be carried over to the next. In case you exceed your limits, you may upgrade your current API plan on your dashboard and the new, higher limits will be immediately applied to your account. By subscribing, you initially pay for the first trial month a reduced price shown on the Website for each API subscription plan separately. From the following month, you will automatically be charged the standard rate of the package that you have chosen. You may find the latest pricing information on our pricing page. If you have any doubt or unclarity regarding prices, please contact us to ensure.
9.2. Aviyair may change the price or the price structure for its Services on its sole discretion anytime with notice to existing Users. Still, Aviyair encourages Users to check the pricing page of Aviyair from time to time to ensure they are in agreement with their existing plan’s pricing conditions. You shall be deemed to have accepted any changes in the pricing and the structure in case you continue using the Services a reasonable time after such changes.
9.3. In case the payment details (for example, the credit card or PayPal account) you submit for the API subscription payments fail a monthly term, the system will automatically try to charge you every 3 days. If this fails multiple times, your API subscription may be automatically canceled without notice. The automatic attempts after the first attempt fails may differ based on the practices of your bank and the payment method. In any case, your obligation to make the payments for the monthly periods in which the subscription was active will remain until the API subscription is duly canceled and unpaid months are paid.
9.4. It is possible to upgrade your API subscription plan anytime by following the instructions on User dashboards or downgrade it by sending us a request via email. In case of upgrade, you will be charged the difference between your current plan and the upgrade plan based on your remaining API calls + the next month’s standard monthly subscription price for the upgrade plan. The following payments will go regularly after this.
9.5. If the API subscription cancellation was unsuccessful as a fault or the negligence of the User and the subscription automatically renews for the following month(s) after the canellation attempt, the User shall be responsible for the payment of such renewed periods.
9.6. Prices stated herein exclude any applicable tax.
9.7. All API subscription renewal fees and all database purchases are final and non-refundable even in cases the Services are not actively or not at all used.
Term and Termination
10.1. API subscriptions Aviyair offers automatically renews every 30-days unless canceled via the steps explained in this Article. Unless expressed otherwise and excluding terms regarding payments, compensation, license terms and restrictions, the terms of this Agreement shall be in force for as long as such subscription (until the end of the monthly term in which a cancellation was requested) remains active.
10.1. You may stop using our Database and APIs and/or terminate your subscription at any time with or without notice to Aviyair. Access to purchased standalone databases as listed in the Website is indefinite unless expressed otherwise on the Website. However, in order to terminate API subscriptions, you need to follow the cancellation instructions on user dashboards and duly terminate your subscription or send us a cancellation request via email at least 7 days before the next renewal date.
10.2. In case a User breaches this Agreement, Aviyair reserves the right to unilaterally terminate this Agreement and discontinue providing the User the Services as well as access to these without liabilities and/or obligations under any name to the User.
10.3. User Obligations Post-Termination
Upon termination of this Agreement for any reason and/or the termination of API subscriptions or discontinuation of your access to a Database or API, you will immediately stop using the Database or API, cease all use of the Aviyair Brand Features, and delete any cached or stored content that was permitted under previous sectors. Aviyair may independently communicate with any account owner whose account(s) are associated with your API client and developer credentials to provide notice of the termination of your right to use an API.
11. Database and API Limitations
Aviyair sets and enforces limits on your use of the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in its sole discretion. You agree to, and shall not attempt to circumvent such limitations. If you would like to use any API beyond these limits, you must obtain Aviyair’ express prior written consent (and Aviyair may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact Aviyair team for information.
The License as well as the Services granted by Aviyair are non-exclusive on behalf of Aviyair. For avoidance of doubt, you acknowledge that Aviyair may develop products or services that may compete with the Users or any other products or services.
13.1. It is not obligatory to include a hyperlink or a functionality in your website application that leads to Aviyair’s website to refer to us but would be highly appreciated.
13.2. If you provide feedback or suggestions about our Database and APIs online, Aviyair may use such feedback or suggestion and such information without notice or obligations.
Brand Features & Attribution
14.1. Brand Features
“Brand Features” is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party’s Brand Features.
You agree to display any attribution(s) required by Aviyair as described in the documentation for the Database and API (when it applies). Aviyair hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license while the Agreement is in effect to display Aviyair’ Brand Features for the purpose of promoting or advertising that you use the Database or APIs. You must only use the Aviyair Brand Features in accordance with the Agreement and for the purpose of fulfilling your obligations under this Section. You understand and agree that Aviyair has the sole discretion to determine whether your attribution(s) and use of Aviyair’ Brand Features are in accordance with the above requirements and guidelines.
15. Force Majeure
The Parties shall not be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; pandemic; electrical, internet, or telecommunication outage that is not caused or foreseeable by the Parties; government restrictions (including the denial or cancelation of any export, import or other license); or other event outside the reasonable control of the Parties. The Parties will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 30 days, both Parties may cancel upon written notice to the other Party. This Article does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures.
16. Relationship of the Parties
The Parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the Parties.
17.1. “Confidential Information” shall mean information regarding the terms of this Agreement and the disclosing Party’s business, operations, employees or affairs, including, without limitation, confidential, proprietary or commercially sensitive information relating to its products, formulations, protocols, processes, designs, test methods, evaluation techniques, patents, trade secrets, scientific or technical data, regardless of the form in which it is maintained or provided (whether provided orally or in writing).
17.2. Each receiving Party shall keep the disclosing Party’s Confidential Information in strict confidence and not disclose such Confidential Information unless there is judicial and/or administrative order, in whole or in part, to any person other than those employees who need to know such Confidential Information for the purpose of this Agreement. Each receiving Party will undertake precautions to safeguard and protect the confidentiality of the Confidential Information that are at least as protective as the precautions undertaken by the receiving Party with respect to its own confidential and competitively valuable business information.
17.3. Each Party’s obligations under this article shall not apply to the extent, but only to the extent that any of the Confidential Information:
(a) was publicly available, published or in the public domain prior to the date of this Agreement or thereafter becomes publicly available without any violation of this Agreement on the part of the receiving Party or any of its employees;
(b) was known by the receiving Party or its employees prior to its disclosure to the receiving Party or its employees by the disclosing Party;
(c) becomes available to the receiving Party or its employees from a person other than the disclosing Party or its employees which is not, to the receiving Party’s (or its employees’) knowledge or reasonable belief, subject to any legally binding or fiduciary obligation to keep such information confidential; or
(d) is independently developed by or on behalf of the receiving Party, without reliance on Confidential Information received hereunder.
(e) is that disclosure is required by applicable law or regulation.
17.4. Each Party’s obligations under this article shall maintain indefinitely after the termination of this Agreement. All Confidential Information shall be returned to the disclosing Party upon termination or expiration of this Agreement for any reason, and shall be used by the receiving Party only during the term of this Agreement for the performance of this Agreement.
Unless prohibited by applicable law, the User shall defend and indemnify Aviyair, and its affiliates, directors, officers, employees, and users, harmless and 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:
- the User’s or its end user’s misuse of the Databases, APIs or the Services overall;
- the User’s or its end user’s violation of this Agreement; or
- any content or data routed into or used with the APIs by the User, those acting on behalf, of the User or the end users of the User.
Unless expressed otherwise, all notices to Aviyair shall be made via email to the address of firstname.lastname@example.org.
20.1. This Agreement and all future amendments to it shall be in English language. In case of discrepancies between the English version and any other translated versions, the English version shall prevail.
20.2. In case Aviyair does not take action right away regarding any of its rights in this Agreement, this shall not be interpreted as the surrender of such rights.
20.3. This Agreement shall supersede any oral or previously written agreements between Aviyair and the User.
20.4. In case any of the provisions stated herein becomes against the law, or unenforceable such provision shall be deemed inactive and removed from the Agreement while the existing provisions shall fully remain in force.
20.5. We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our Database and APIs. We encourage you to regularly check the Terms and Conditions page. We will post notice of modifications to the terms and conditions of this Agreement to the Website, and/or in the Aviyair developers’ console. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Agreement for a service, you should discontinue your use of that service. Your continued use of the relevant API subject to the change or any service we provide constitutes your acceptance of the modified terms and conditions.
21. Applicable Law and the Courts of Competent Jurisdiction
21.1. This Agreement and any disputes that may arise from this Agreement are subject to Bulgarian Law.
21.2. Aviyair encourages amicably solving any disputes between Users and Aviyair and agrees to show its best efforts to find a mutually agreeable out-of-court solution in the event of such dispute. However, if the Parties fail to reach such a mutually agreeable solution, the dispute shall be resolved by the courts and enforcement offices in Bulgaria which shall have exclusive jurisdiction.