The App contains software, layouts, designs, databases, compilations, data and information ("Material"). Material does not include check lists and/or the flight manuals or information or content or processes or recommendations or standard/emergency procedures that are contained in the check lists and/or the flight manuals and/or flight information or other information concerning aircrafts made available by the aircraft manufacturers or provided by users of the App or third parties to the Company (“Third Party Content”). Software, Materials, Services available on the App and/or on the Website, but excluding Third Party Content, is collectively referred to as "Content".
The App and the Content provided or available on or through the App, as well as on the Website, is protected by intellectual property rights, including copyrights, and is the sole property of the Company.
The Company grants you a non-exclusive, limited, revocable, non-sublicensable, non-assignable license to use the App and download the Content provided or available on or through the App or the Website subject to the following terms: (a) the App, the Website and the Content may be used or downloaded solely for your personal purposes; (b) the App, the Website and the Content may not be modified or altered in any way; and (c) the App, the Website and Content may not be copied or redistributed in any way.
The Company reserves all rights, title and interest with regard to the App and the Website, as well as the Content provided on or accessible through the App or the Website. The App, the Website and the Content are provided on an "as is" and "as available" basis, and the Company reserves the right to terminate the license granted to you in Section 1 above and your use or download the App, the Website or the Content at any time.
The Company does not claim any intellectual property rights to the Third Party Content available on or through the App. By uploading Third Party Content on the App, the Company does not endorse such Third Party Content. Third Party Content is the sole property and responsibility of the aircraft manufacturers and/or users of the App or third parties who provide the Third Party Content to the Company. Third Party Content is provided to you “as is” and “as available” on the App without any warranty and without any liability for the Company. The access, use, display or download of Third Party Content made available on or through the App is at your sole risk and under your exclusive responsibility. You acknowledge, understand and agree that the Company does not and has no obligation to double check the accuracy of the Third Party Content before making it available on or through the App. You shall therefore double check yourself, with your paper check-lists and flight manuals, whether the Third Party Content provided to you through the App is accurate and suitable for your aircraft, before relying in any way on such Third Party Content.
The Company does not give any warranty with respect to Third Party Content. In particular, the information, content, data, recommendations, actions to be taken, standard/emergency procedures contained in Third Party Content is provided to you for informational use only, without any warranty of any kind from the Company.
The Company does not warrant in any way that the Third Party Content made available on or through the App is or will be actual and/or up-to-date. You understand and agree that the Company has no obligation to upload the latest Third Party Content or to update the Third Party Content and that it is your sole and exclusive responsibility to double check before your flight that the Third Party Content you are using is actual and up-to-date. You understand and agree that your failure to do so will not imply any liability for the Company.
These rules concerning Third Party Content do also fully apply to any such Third Party Content that would be made available on or through the Website.
Please note that the use of the App does not exempt you from your obligations to have paper check-lists and/or paper flight manuals at all time available in your aircraft(s) and does in no event represent a fulfillment of your obligations in this respect under any applicable laws and regulations. The App does not exempt you from your obligations of training and does in no event represent a fulfillment of your obligations of training under any applicable laws and regulations. This also applies to any information and content made available on or through the Website
You understand and agree that in no event does the App, the Content, the Website and/or the Third Party Content represent an alternative to the fulfillment of your obligations as a pilot, co-pilot or flight assistant or any other obligation, under the applicable laws and regulations.
You agree not to share your password(s), account information, or access to the App or any personal account on the Website. You are solely responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the App or the Website. You agree to notify the Company immediately of any unauthorized use of your password(s) or account(s). The Company will not be liable for any loss or damage from your failure to maintain the security of your account and password. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the App and/or the Services and/or Website.
You agree not to access or use the App, the Content, the Website or Third Party Content in any manner that could damage, disable, overburden, or impair the App, the Website (entirely or for any of its parts and pages), any Content, accounts, computer systems, electronic devices, databases or software. You agree not to interfere or attempt to interfere with the proper operation of the App, the Website or the Content, accounts, computer systems, electronic devices, databases or software. You agree not to use any robot, spider, scraper or other automated means to access the App, the Website or the Content, accounts, computer systems, electronic devices, databases or software and/or to extract, automatically or manually, Content or databases without the Company’s express written permission.
The Company has no obligation to check the validity, accuracy, exhaustiveness of the Third Party Content that is made available on or through the App or the Website, nor to update or monitor the App or the Website in order to screen the Content or Third Party Content that is made available on or through the App or the Website. However, the Company reserves the right to review the App, the Website or the Content and to monitor all use of and activity on the App or the Website, as well as to remove or choose not to make available on or through the App or the Website any Content or Third Party Content if it deems appropriate, at its sole discretion.
As a user of the App, you can also submit to the Company Third Party Content that you have created. The Company will decide, in its sole discretion, whether or not to upload this Third Party Content on the App. Should the Company decide to upload your Third Party Content on the App, you will retain all rights to your Third Party Content and will be strictly liable for your Third Party Content. Even though the Company decides to upload your Third Party Content on the App, the Company is not responsible for Third Party Content and you bear all risks associated with the access, download and use of your Third Party Content. You are solely responsible for updating the Third Party Content that you submit to the Company and you shall regularly update your Third Party Content.
These provisions also fully apply to any Third Party Content that you would make available to the Company to be uploaded or in any way used on the Website and/or the App.
You hereby give to the Company a non-exclusive, assignable, irrevocable, perpetual, worldwide, royalty free license to upload and make available your Third Party Content on the App or the Website, to display it in relation to the App or the Website and to sell it to the users of the App and allow them to download it pursuant to the Terms of sale agreed to you before updating your Third Party Content.
The Company may offer Material, Services, Third Party Content within the App (“In-App Purchases”). In-App Purchases that are consumed during the use of the App cannot be transferred among devices and can be downloaded only once. You must authenticate your account before making In-App Purchases by entering your password and/or log into your Apple/Google ID.
The Company does not warrant that the Content or the Third Party Content available on the App or the Website is the latest version available and has no obligation to update the Content or the Third Party Content.
THE COMPANY RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE APP, THE WEBSITE, THE CONTENT OR THIRD PARTY CONTENT PROVIDED ON OR THROUGH THE APP AT ANY TIME WITHOUT NOTICE.
The APP, THE CONTENT, THE WEBSITE AND THE THIRD PARTY CONTENT IS provided TO YOU for convenience and informational purpose only. YOU UNDERSTAND AND AGREE THAT THE USE OF THE APP, THE CONTENT, THE WEBSITE AND THIRD PARTY CONTENT AVAILABLE ON OR THROUGH THE APP OR THE WEBSITE IS AT YOUR SOLE RISK.
THE COMPANY DOES NOT GIVE ANY WARRANTY IN RELATION TO THE OPERABILITY OF THE APP DURING YOUR FLIGHT, NOR IN RELATION TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT OR THE THIRD PARTY CONTENT AVAILABLE ON OR THROUGH THE APP. AS A GENERAL PRINCIPLE, THE COMPANY DOES NOT GIVE ANY WARRANTY IN RELATION TO THIRD PARTY CONTENT. THEREFORE, YOU SHALL NOT SOLELY RELY UPON THE APP, THE CONTENT, THE THIRD PARTY FOR GUIDANCE OR INFORMATION PURPOSES DURING YOUR FLIGHT. YOU SHALL ALWAYS DOUBLE CHECK THE THIRD PARTY CONTENT AVAILABLE ON THE APP WITH THE PAPER CHECK-LISTS OR FLIGHT MANUALS OF YOUR AIRCRAFT. THIS ALSO FULLY APPLIES TO ANY CONTENT, THIRD PARTY CONTENT AS WELL AS ANY INFORMATION THAT WOULD BE MADE AVAILABLE OR BE FOUND ON THE WEBSITE.
THE APP IS not intended to replace PHYSICAL OR PAPER CHECK-LISTS or flight manuals. DATA contained in the check-list or in the flight manuals THAT come from the aircraft MANUFACTURERS OR FROM USERS OF THE APP and, therefore, MAY NOT BE ACCURATE, complete, UP-TO-DATE or may contain erroneous data, WRONGFUL PROCESSES OR STANDARD/EMERGENCY PROCEDURES OR MISLEADING ACTIONS TO BE TAKEN IN A SPECIFIC SITUATION. You should always use official check-lists or flight manuals when preparing and performing a flight. You MUST always keep paper check-lists and flight manuals in your aircraft when performing a flight.
THE APP AND ALL CONTENT PROVIDED ON OR THROUGH THE APP AND/OR THE WEBSITE, INCLUDING THIRD PARTY CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF CORRECTNESS, MERCHANTABILITY, RELIABILITY, accuracy, comprehensiveness, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE APP, THE WEBSITE, THE CONTENT AND THE THIRD PARTY CONTENT PROVIDED ON OR THROUGH THE APP OR THE WEBSITE. In no event SHALL the COMPANY OR ITS ADMINISTRATORS OR ITS ADVISORS be held liable for any damages arising OUT OF the use of THE APP, THE WEBSITE, THE CONTENT AND/OR THIRD PARTY CONTENT MADE AVAILABLE ON OR THROUGH THE APP OR THE WEBSITE.
THE COMPANY MAKES NO WARRANTY THAT: (A) THE APP, THE WEBSITE, THE CONTENT OR THE THIRD PARTY CONTENT WILL MEET YOUR REQUIREMENTS OR SUIT TO A PARTICULAR PURPOSE; (B) THE APP, THE WEBSITE, THE CONTENT OR THE THIRD PARTY CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP, THE WEBSITE, THE CONTENT, THE THIRD PARTY CONTENT PROVIDED ON OR THROUGH THE APP OR THE WEBSITE WILL BE ACCURATE, COMPLETE OR RELIABLE; OR (D) THE QUALITY, COMPLETENESS OR RELIABILITY OF ANY CONTENT INCLUDING THIRD PARTY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE APP OR THE WEBSITE WILL MEET YOUR EXPECTATIONS.
IN NO EVENT, SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, DOWNLOAD OR USE OF THE APP, THE WEBSITE, THE SERVICES OR ANY CONTENT PROVIDED ON OR THROUGH THE APP OR THE WEBSITE, INCLUDING THIRD PARTY CONTENT, EVEN THOUGH SUCH CONTENT IS PROVEN TO BE INACCURATE, UNRELIABLE OR MISLEADING.
THIS LIMITATION OF LIABILITY ALSO APPLIES TO DEATH OR INJURY ARISEN AS A RESULT OF THE CRASH OR AN AIRCRAFT, HELICOPTER OR OTHER FLYING MACHINE AND/OR ANY MACHINE, VEHICLE OR ANY DEVICE USING THE THE APP, THE WEBSITE, CONTENT OR THIRD PARTY CONTENT, UNLESS IT CAN BE SHOWN THAT THE SAID DEATH OR INJURY IS THE DIRECT RESULT OF AN INTENTIONAL ACT OR A GROSS NEGLIGENCE OF THE COMPANY (BEING SPECIFIED THAT THE EXCLUSION OF WARRANTY WITH REGARD TO THE CONTENT (INCLUDING THIRD PARTY CONTENT) PROVIDED AND ACCESSIBLE ON OR THROUGH THE APP OR THE WEBSITE SHALL REMAIN FULLY APPLICABLE UNDER ANY CIRCUMSTANCES).
THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR SMARTPHONE OR ELECTRONIC DEVICE OR LOSS OF DATA ARISING OUT OF THE DOWNLOAD OR USE OF THE APP, THE WEBSITE, THE CONTENT OR THIRD PARTY CONTENT. THE COMPANY SHALL NOT HAVE ANY RESPONSIBILITY FOR DAMAGE TO YOUR AIRCRAFT, HELICOPTER OR OTHER FLYING MACHINE, AND/OR ANY MACHINE, VEHICLE OR ANY DEVICE OR ITEM OF YOUR AIRCRAFT, HELICOPTER OR OTHER FLYING MACHINE, AND/OR ANY MACHINE, VEHICLE OR ANY DEVICE CONNECTED TO OR USING THE APP OR THE CONTENT OR THE THIRD PARTY CONTENT, OR MORE GENERALLY THE WEBSITE OR ANYTHING AVAILABLE ON THE WEBSITE. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO THIRD PARTY PROPERTY OR TRESPASSING ARISING OUT OF THE DOWNLOAD OR USE OF THE APP, THE WEBSITE, THE CONTENT OR THIRD PARTY CONTENT.
IN ANY EVENT, THE TOTAL RESPONSIBILITY OF THE COMPANY SHALL NOT EXCEED THE AMOUNT THAT YOU PAID TO USE THE APP. YOU UNDERSTAND AND AGREE THAT ANY LIABILITY OF THE COMPANY SHALL TIME-BARRED AFTER THREE (3) MONTHS SINCE THE OCCURRENCE OF THE EVENT GIVING RISE TO YOUR CLAIM.
Minors are not eligible to use the App, and shall not register on the App or submit any information to us. If you are minor in your jurisdiction, you may use the App only with involvement and agreement of a parent or guardian.
You may not access, download, use or export the App, the Website, the Content or Third Party Content provided or available on or through the App or the Website, in violation of any applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of agency or authority, and not to directly or indirectly provide or otherwise make available the App, the Website, the Content or Third Party Content in violation of any such restrictions, laws or regulations.
Copyright © Safe Apps Sàrl, 2017. All rights reserved.
Latest issuance, 03.05.2017
The data controller (i.e. the legal person responsible for the purpose and content of the data file) is Safe Apps Sàrl, Chemin Champ-Maffrey 18, 1093 La Conversion, Switzerland (“Company”).
By using the App or the Services, as well as by accessing the Website, You acknowledge and agree that Personal Data you submit to the Company will be hosted by the Company or its sub-contractors for an indefinite period of time in Switzerland or in the European Union. The Company may use a sub-contractor to host your data. You understand and agree that the Company will, in principle, host your Personal Data in the data center operated by Hetzner Online GmbH in Germany. You understand and agree that Hetzner Online GmbH will process your Personal Data for hosting purposes.
The Company may transfer your Personal Data to a third party for hosting or processing purposes only. You hereby consent to such transfer to Germany even if you are subscribing as a company or legal entity. You expressly consent to such a transfer, being specified that the Company shall respect all applicable rules and regulations and shall adopt all required and necessary measures prior to the transfer of data abroad.
The main reason why we collect Personal Data about you is to provide you the Services and improve the App features and Content, to administer your user account and to enable you to enjoy and easily navigate the App and the Website, as well as using the Services.
When you download the App, register on the App, create or edit your user account, use the App or a Service, access to Content, access and navigate the Website or download Third Party Content, we will ask you for Personal Data. We may collect the Personal Data that you provide as part of registration and the administration and personalization of your user account, or Personal Data that you provide us by using the App and/or the Services and/or Website.
The Company may collect the following Personal Data:
We use your Personal Data for the following general purposes:
as otherwise described to you at the point of collection.
The Company may supplement your Personal Data with information received from other users of the App. The Company may share with third parties aggregated information that does not contain Personal Data and may otherwise disclose non-identifying information and log data with third parties for analysis and other purposes. Any aggregated information shared in these contexts will not contain Personal Data.
The Website uses various technologies to collect information, including cookies and device identifiers.
Cookies are small text files that are sent by your computer when you access our services through a browser. We may use session cookies (which expire when you close your browser), persistent cookies (which expire when you choose to clear them from your browser), pixels, tokens, trackers, and other device identifiers to collect information from your browser or device that helps us do things such as understand how you use our services, personalize your experience, measure advertising performance, and remember your preferences on the Website.
The names of the Cookies that we use on the Website, and the purposes for which they are used, are set out in the table below:
|Google Analytics||Cookies||Business decision making|
We use session Cookies to enable certain features of the Website, to better understand how you interact with the Website and Services, and to monitor aggregate usage by users, to identify your language settings of your device or the promotional offers you subscribed to. Session Cookies are, unlike persistent Cookies, deleted from your device when you log off from or stop your use of the Website.
Cookies are transferred to a mobile device's memory in order to memorize information like registration IDs and passwords.
You have the ability to accept or decline cookies by modifying the settings in your device. However, you may not be able to use all the interactive features of the Website if cookies are disabled.
You can delete all Cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you use the Website and some services and functionalities may not work.
Functionalities (called plugins) of different social networks operated by third party providers (Facebook, Twitter, Google+) are integrated in the App and the Website, and allow you to connect your social media accounts with the App and otherwise connect to your social media account through the Website. These plugins allow users to share content on social networks. Should you connect your social media account(s) with the App or through the Website, Personal Data may be communicated to the third party providers. You understand and agree that the Company has no control over the transmission of Personal Data to the third party providers and accept that your Personal Data will be processed by these third party providers according to their privacy policies. Please refer to the privacy policies of these third party services before connecting your social network accounts with the App.
The Company does not hold or store your credit card information. External services, such as Apple Pay, proceed to the payment through your credit card. You understand and agree with the operation of payments by these external services.
Before ordering any product through the In-App Purchase system, the different steps of the electronic purchase will be communicated to you. You will receive an automatic confirmation of the product or services purchased on the App by email.
The security of your Personal Data is very important to us. The Company processes your Personal Data in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Personal Data.
The Personal Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Company, in some cases, the Personal Data may be accessible to certain types of persons in charge, involved with the operation of the App or of the Website (system administration) or external parties (such as third party technical service providers, hosting providers, IT companies) appointed, if necessary, as data processors by the Company. The updated list of these parties may be requested from the Data Controller at any time.
In the event that your Personal Data is unduly accessed, or is reasonably believed to have been unduly accessed, by an unauthorized person and applicable law requires notification, the Company will promptly notify you of the breach by email or mail.
You acknowledge that the use of the Internet and/or other networks is not safe and that there are certain inherent risks to your Personal Data. The Company will make reasonable efforts to protect your Personal Data but it cannot guarantee or warrant that data you provide to the Company is safe and protected from unauthorized third party access and theft and, therefore, waives all liability in this respect.
You are responsible for the security of any Personal data that you would communicate or transfer to third parties, including Apple through Apple Pay.
You may at any time, request access to User’s Personal Data collected by the Company, request that inaccurate information be amended, or that the collected Personal Data be erased.
Such request for access must be sent by registered letter with a copy of your ID to: Safe Apps Sàrl, Chemin Champ-Maffrey 18, 1093 La Conversion, Switzerland.
All users may review, update, correct or delete their Personal Data within their Account. If You would like us to delete Your Personal Data in our system, please let us know by e-mail at the following address at [email address] and we will attempt to accommodate Your request if we do not have any legal obligation to retain the record.
Please note that any information that we have copied may remain in back-up storage for some period of time after your deletion request, as well as any content that you have posted transmitted to a third-party. This may be the case even though no Personal Data about your user account remains in our active users’ databases.
The Company cooperates with government and law enforcement officials and private parties to enforce and comply with the applicable laws. The Company will only disclose your Personal Data if it, in our sole discretion, believes necessary or appropriate to respond to claims and legal actions (including but not limited to subpoenas), to protect the property and rights of the Company or a third party, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal or legally actionable.
Any controversy, claim or dispute between a user and the Company arising out of or relating to this policy shall be subject to the exclusive jurisdiction to the ordinary courts of the seat of the Company without prejudice to an appeal to the Swiss Federal Court.
Latest date of issue: 03.05.2017