Flyability
Terms of Use

For the use of the website accessible at www.flyability.com (the Website), and any services available through the Website or any other channel mentioned in these ToU (the Services), which are provided by Flyability SA, having its registered office at Écublens (VD), Switzerland (CHE-348.376.646) (we, our or Flyability).

1. Terms of Use

Any access or use of the Website or of the services available on the Website, are subject to these terms of use (ToU). Anyone who accesses and/or uses the Website and/or the Services (a User or you) acknowledges having read, understood and agreed to these ToU. Certain services of activities of Flyability may be subject to additional or different terms. In particular, the procurement of Flyability’s products and services is governed by Flyability general terms and conditions (GTC) available at www.flyability.com/legal

2. Personal Account

Certain features of the Website are only available to users having created a personal account (the Account) and being logged-in to their Account. You warrant that all information you provide in the registration process or otherwise is true and accurate. You must keep such information up to date at any time.

You are responsible for the quality and confidentiality of your Account credentials and for the use that is made of your Account, including any third party's use irrespective of whether you authorized such use or not. You are fully liable for any losses and/or damages that may result from any such use. You must immediately notify us of any unauthorized access or use of your Account or any other breach of security.

3. Intellectual property

We and our licensors own the copyright and all intellectual property rights in and to the Website, the content published on the Website (the Content) and the Services.

Subject to your compliance with these ToU and any additional applicable terms referred to on the Website, we grant you a non-exclusive, non-transferable, non-assignable, revocable and limited license, without the right to sublicense, to access the Website and the Content for your own personal use, strictly for the purpose of using the Website and the Services in accordance with these ToU. Except as stipulated otherwise in these ToU, you are expressly prohibited from using the Website or the Services on behalf or for the benefit of any third-party. We and/or our licensors reserve all rights to the Website, the Content and the Services not expressly granted herein.

If you think that the Website, the Content or the provision of any Services infringe on any copyright or other intellectual property right, you may at all times contact us at legal@flyability.com and we will investigate your request.

4. Restriction of use

You must at all times comply with these ToU and all laws and regulations applicable to your use of the Website. Subject to mandatory law to the contrary, you are not allowed to: (i) use and/or access the Website for purposes other than those provided for in these ToU; (ii) copy, reproduce, frame, mirror, crawl, republish, modify, create derivatives of, any part of the Website, the Services and/or the Content; (iii) access or attempt to access the source code of the Website, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website or its infrastructure; (iv) introduce or attempt to introduce Trojan horses, time bombs or other programs designed to damage, cause adverse effects, intercept or counteract any system, data or personal information (v) access or use the Website for the purpose of building a competitive product or service or copying its features or user interface; (vi) gather the email addresses or other Content available on the Website for purposes of spamming or for any non-personal or commercial purposes; and (vii) allow third parties to utilise all or part of the Website, Services or Content to which access is restricted.

Without limiting the rights otherwise provided under these ToU, in the event of non-compliance with these ToU, we reserve the right to refuse you access to the Website or to refuse to provide the Services.

5. Amendment and suspension

We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Website, any Content or any Service, with or without notice, without incurring any liability.

If you have an Account, we may, at our sole discretion, temporarily or permanently suspend, cancel or terminate your Account, any information relating therewith, and/or your access and/or use to all or part of the Website, with or without notice and for any reason, including, without limitation, breach of these ToU, without incurring any liability.

6. Data protection

We have issued a privacy notice, accessible at www.flyability.com/legal, which describes how personal data is collected through the Website and for what purposes. That privacy notice, as amended from time to time, forms an integral part of these ToU.

7. Warranty

The Website, the Services and the Content are provided to you “as is” and “as available”. To the maximum extent permitted by applicable law, we expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, quality, quiet enjoyment and non-infringement of third-party rights, or availability of the Website, Services or Content. You access and use the Website and the Services at your sole risk.

We make no warranty, express or implied, commitment or representation that (i) the Website will meet your needs, (ii) the operation of the Website will be uninterrupted, secure or error-free, (iii) the information and Content available on the Website will be current, accurate, true or complete, (iv) the Services and results that may be obtained from the use of the Website will be accurate or reliable or (v) we will ensure continued compatibility of the Website with any third-party products, even if they were compatible at any given moment.

The Website may contain contents provided or maintained by third parties, or links to such contents. These links are provided solely as a convenience to the Users and not as an endorsement by us of such contents. We assume no responsibility or liability in relation therewith.

The use of the Internet involves risks, in particular that the data transmitted may be intercepted, altered or deleted. By using the Website, you accept these risks. We decline all responsibility in this respect.

8. Liability

You expressly acknowledge and agree that, to the extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages arising under tort law, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from: (i) the use, unavailability or inability to use the Website or the Services, (ii) the unauthorised access to or alteration of your data, (iii) declarations or actions of any third party on or in connection with the Website, (iv) the Content available on the Website, as well as all linked websites and all documents disseminated on the Website, (v) any other cause relating to the Website.

Without prejudice to the foregoing limitations, our liability for indirect and/or consequential losses or damages is expressly excluded (including but not limited to lost profit, commercial loss, loss of turnover or profit, loss of customer base, loss of opportunity or the cost of obtaining a substitute product or service) in connection with or arising out of the non-performance or improper performance of a Service , insofar as such exclusion is permitted under applicable law. Furthermore, our liability is limited to the maximum price actually paid for the Service.

9. Miscellaneous

If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.

These ToU and the relationship between you and us, shall be governed by Swiss law, to the exclusion of its conflict of laws rules and the Vienna Convention on the International Sale of Goods.

Exclusive jurisdiction for any disputes in connection with these ToU is vested in the competent courts at the registered office of Flyability, subject to any mandatory forum prescribed by law. Notwithstanding the preceding, nothing in these ToU prevents us from seeking injunctive relief or any other remedy available at law in any jurisdiction in case of any infringement of our intellectual property rights.

10. Contact

For any questions regarding the Website or the ToU, you may contact us at legal@flyability.com.

11. Amendments

These ToU may be amended from time to time, in which case you will be notified by any appropriate mean (including via email, or via the Website, e.g. through banners, pop-ups or other notification mechanisms). Any use of the Website subsequent to this notification shall constitute acceptance of the ToU, as amended.

Last updated: April 16th 2021