Section 1: Account and Registration
a. Accepting the Terms
You may not use the Database and APIs 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 laws of the United States or other countries including the country in which you are resident or from which you use the Database and APIs.
b. 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 Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).
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.
d. Subsidiaries and Affiliates
Aviyair has subsidiaries and affiliated legal entities around the world. These companies may provide the Database and APIs to you on behalf of Aviyair and the Terms will also govern your relationship with these companies.
Section 2: Using Our Database and APIs
a. Your End Users
You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.
b. Compliance with Law and Third Party Rights
You will 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). You will not use the Database and APIs to encourage or promote illegal activity or violation of third party rights.
c. Permitted Access
You will only access (or attempt to access) an API by the means described in the documentation of that API. (when available)
d. 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 our sole discretion. You agree to, and will not attempt to circumvent such limitations. If you would like to use any API beyond these limits, you must obtain Aviyair’s express 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 the relevant Aviyair team for information.
e. Communication with Aviyair
We may send you certain communications in connection with your use of the Database and APIs.
If you provide feedback or suggestions about our Database and APIs, then we (and those we allow) may use such information without obligation to you.
The Terms are non-exclusive. You acknowledge that Aviyair may develop products or services that may compete with the Clients or any other products or services.
Section 3: Your API Clients
a. API Clients and Monitoring
The APIs are designed to help you enhance your websites and applications (“API Client(s)”). YOU AGREE THAT AVIYAIR MAY MONITOR USE OF THE APIS, TO ENSURE QUALITY, IMPROVE AVIYAIR SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. Aviyair may suspend access to the APIs by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.
Aviyair does not acquire ownership of your API Clients, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.
Section 4: Prohibitions and Confidentiality
a. Database and API Prohibitions
When using the Database and APIs, you may not (or allow those acting on your behalf to):
Sublicense 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 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 for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (such as the operation of air traffic control)
b. Confidential Matters
Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your Database or API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other Database or API Clients from using your credentials.
Section 5: Content
a. Content Accessible Through our Database and APIs
Content accessible through our Database and APIs may sometimes be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the Database and API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.
b. Data Portability
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.
e. Prohibitions on Content
Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the APIs:
- Scrape, build databases, or otherwise create permanent copies of such content;
- Copy, translate, modify, create a derivative work of, sell, 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.
Section 6: Brand Features; Attribution
a. 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 Terms are in effect to display Aviyair’s 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 Terms and for the purpose of fulfilling your obligations under this Section. In using Aviyair’s Brand Features, you must follow the Aviyair Brand Features Use Guidelines. You understand and agree that Aviyair has the sole discretion to determine whether your attribution(s) and use of Aviyair’s Brand Features are in accordance with the above requirements and guidelines.
You will not make any statement regarding your use of a Database or API which suggests a partnership with, sponsorship by, or endorsement by Aviyair without Aviyair’s prior written approval.
d. Promotional and Marketing Use
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 grant us all necessary rights for the above purposes.
Section 7: Privacy and Copyright Protection
a. Aviyair Privacy Policies
Section 8: Termination
You may stop using our Database and APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide Aviyair with prior written notice and upon termination, cease your use of the applicable Database or APIs. Aviyair reserves the right to terminate the Terms with you or discontinue the Database and APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
b. Your Obligations Post-Termination
Upon any termination of the Terms 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 by the cache header under Section 5. 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.
c. Surviving Provisions
When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to Sections 4b, 5, 8, 9, and 10.
Section 9: Liability for our Database and APIs
EXCEPT AS EXPRESSLY SET OUT IN SERVICE LEVEL AGREEMENT (SLA), NEITHER AVIYAIR NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY FURTHER SPECIFIC PROMISES ABOUT THE DATABASE OR APIS.
b. LIMITATION OF LIABILITY
WHEN PERMITTED BY LAW, AVIYAIR, AND AVIYAIR’S SUPPLIERS AND DISTRIBUTORS, 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 (OR, IF WE CHOOSE, TO SUPPLYING YOU THE DATABASE OR APIS AGAIN) DURING THE MONTHS GIVING RISE TO THE LIABILITY.
IN ALL CASES, AVIYAIR, AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Unless prohibited by applicable law, if you are a business, you will defend and indemnify Aviyair, and its affiliates, directors, officers, employees, and 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 Database or APIs;
- your violation or your end user’s violation of the Terms; or
- any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.
Section 10: General Provisions
We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our Database and APIs. You should look at the Terms regularly. We’ll post notice of modifications to the Terms to this website, and/or in the Aviation-Edge 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 Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.
b. General Legal Terms
We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party’s ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Aviyair does not take action right away, this does not mean that Aviyair is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and Aviyair relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact Aviyair, please visit our contact page.