Effective date: May 05, 2017
THESE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR ACCESS TO AND USE OF THE MAIA – Mobile Aircraft Identification Application
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND OUR TERMS AND CONDITIONS AS BY DOWNLOADING THE APP YOU INDICATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS THEN DO NOT DOWNLOAD THE APP
This App runs for company UpVision s.r.o., Klikatá 18, Prague, 158 00, Czech Republic, registered with the Prague Municipal Court under the Companies Registration Office Number C 141923 (UpVision) and references to “we”, “us”, “our” are references to UpVision.
1. Availability and registration
We have made this MAIA – Mobile Aircraft Identification Application (the App) available to you for your own personal use only and only for the purposes of facilitating your use services of the MAIA – Mobile Aircraft Identification Application (the Service). The App is currently available for use by customers in order to provide the Service.
You will not be able to use the App until you have registered to use the Service with the App by means of registering the use either by confirming the personal data by existing Facebook account or entering valid email, password. Both access methods are equal. Nevertheless we can refuse to register you for the Service and refuse to allow you to use and/or restrict your use of the App at any time.
2. Applicable terms
Your use of the Service is governed by the terms and conditions at https://flymaia.com/terms-conditions (the Service T&Cs). These App Terms and Conditions (the App T&Cs) supplement and amend the Service T&Cs in respect of your use of the App. By downloading the App you agree to comply with each of the Service T&Cs and the App T&Cs.
We reserve the right to modify these App T&Cs as required. If these App T&Cs are modified, we will post a clear, easily accessible modification notification on the App. If you continue using the App, you will be bound by any or all modifications made to it.
You may be charged by your service provider for downloading and/or accessing the App on your mobile phone, tablet or other handheld device (the Device). These may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills for your Device then we assume that you have the permission from the person that does before incurring any of these charges. We will not charge a separate fee for accessing the App, but you may be charged fees for using the Service. These fees will be as set out in the Service T&Cs.
4. Fees and Payments
You agree to pay the App any fees for each Service you purchase or use (including overage fees) in accordance with pricing and payment terms presented to you for such a Service. Where applicable you will be billed using the billing method you selected. Fees paid by you are non-refundable except as provided in these Terms & Conditions or when required by law.
Some of our Services are billed on subscription basis (the Subscription). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “ Billing cycle”). Billing cycles are typically monthly or annually, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through online account management page or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
5. Minimum system requirements
The App will only work on compatible Devices and operating systems and certain functionality will only work if your Device is connected to the internet. Some features may also only be available with certain operating systems.
6. Use of your personal information
Certain functionality of the App may need to access your Device and information stored on it so that it works properly. By using the App you consent to this.
You retain all rights and ownership in your content. Behance does not claim any ownership rights in your content.
Even though the App don’t claim ownership of your content we do need licenses to your content in order to operate and enable Services. When you upload, submit or provide content to our App you grant permission (to the App and our parents and Affiliates) and unlimited license to communicate, distribute, host, make modifications of derivative works (solely for the purpose of better showcase), publicly display, publicly perform, publish, reproduce, store and use such a content. The license provided by you is granted for following purposes only: operation, marketing, promoting and improving the Services.
7. Your use of the App
You must comply with these App T&Cs as these apply to your use of the App and the Service T&Cs apply to your use of the Service that you access and use through the App. Any violation of these App T&Cs or the Service T&Cs may result in the termination of your access to the App and/or the Service.
You may only use the App for your own personal use and not in connection with any commercial endeavors. You must not send it to anyone else or copy or modify any part of it in any way.
You must not attempt to extract any source code from the App, disassemble it or make any derivative versions, or attempt to interrupt or decipher the transmissions between the App and our systems.
You must not use the App for any of the following purposes:
(a) anything unlawful or illegal or which is fraudulent or malicious or which promotes any criminal activity or provides information about the same;
(b) anything which is defamatory, harassing or threatening or which otherwise infringes or violates the rights of others. This includes any information that you may add or upload to the App;
(c) interfering in any way with any other user of the App; and/or
(d) knowingly introducing viruses or other malicious or harmful material or using it in connection with unsolicited communications.
(e) abuse harass, threaten, impersonate or intimidate any person
(f) post or transmit or caused to be posted or transmitted any content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane or that fringes any copyright or right of any person
(g) obtain account, ID, password, private information or any other content from any of App user
(h) create or transmit unwanted ‘spam’ to any person or any URL
(i) create multiple invalid accounts in order to increase artificial users presence in the App
(j) post copyrighted content which doesn’t belong to you.
(k) advertise to or solicit any user to buy or sell any product or services or to use any information obtained rhom the Service in order to contact, advertise to, solicit or sell to any user without their explicit consent
(l) promote or sell content received from the Service to any other person
You must not use the App in a way that may damage or impair the App, the Service or our underlying systems and security.
8. Intellectual property rights
The App and all copyright, database rights, trade marks and other intellectual property rights related to it belong to us or our licensors.
9. Our responsibilities to you
While we will endeavour to ensure that the App is normally available 24 hours a day, we shall not be liable if for any reason the App is not available at any time or for any period. Access to the App may be suspended temporarily from time to time and without notice in the case of system failure, maintenance or repair or for any reason beyond our control or if we deem it necessary. For the avoidance of doubt, we shall not be liable for any loss or liability which may be suffered or incurred by you as a result of any suspension of, or interruption to, the operation of the App.
The App, including all content on or available through the App, is provided on an ‘as is’ basis and we do not make any representation or give any warranty in respect of the App or any of its content. In particular, but without limitation, we do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content contained on the App. The content of the App is not intended as advice and should not be relied upon.
We do not accept any responsibility to you for:
(a) malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send or the material you access via the App;
(b) any losses or delays in transmission of messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under our control;
(c) viruses that may infect your computer equipment or other property on account of your access to or use of the App or your accessing any materials on the App;
(d) any unauthorised use or interception of any message or information before it reaches the App or our servers from the App;
(e) any unauthorised use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data), to the extent permitted by local law;
(f) any content provided by third parties.
10. Limitations of liability
There are provisions on liability in the Service T&Cs that also apply in connection with these App T&Cs and your use of the App.
In addition, we and our group companies and our and their officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:
(a) the App and your use, delay in use or inability to use the App or if it does not work as you expect or would like or if it contains any defects or errors and whether or not we correct any of those defects or errors;
(b) your access to and use of any material on the App or material linked to or referred to on the App; and/or
(c) any loss or damage to your Device or any other hardware or software you use in connection with the App, including in connection with any viruses that may affect the same on account of your downloading and use of the App.
You acknowledge that use of the App is dependent on third parties, including your own network providers, and that we are not liable for any acts or omissions of those third parties.
If we or any of our group companies or our or their officers, directors, employees, shareholders or agents do have any liability to you for any kind of loss or damage for any reason under or in connection with these App T&Cs and/or the Service T&Cs, you agree that you shall not recover more than once for that same loss and/or damage regardless of whether your claim(s) are made under or in connection with any or both of these App T&Cs and/or the Service T&Cs.
Nothing in these App T&Cs shall exclude any party’s liability for: (a) death or personal injury arising through negligence; (b) fraudulent misrepresentation; and/or (c) anything else that cannot be excluded or limited by us under any applicable law.
You shall indemnify us (and you shall keep us indemnified) and hold us and our directors, employees, agents and representatives harmless against any claim, loss, expense, liability or damages suffered by us resulting from your breach of these App T&Cs.
11. Termination and suspension
We may terminate or suspend your use of the App with or without notice at any time and without any liability to you. Upon any termination your right to use the App, and any other rights or permissions granted to you in these App T&Cs, will end and you must stop using the App and delete it from your Device.
12. Law and jurisdiction
These App T&Cs and any dispute or claim arising out of or in connection with them or their subject matter (including any non-contractual disputes or claims) will be governed by the law of Czech Republic and the parties agree that the courts of Prague, Czech Republic will have exclusive jurisdiction to settle any such disputes or claims.