PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE PASSNFLY SOFTWARE APPLICATION (VERSION BETA). IMPORTANT INFORMATION PLEASE, BE REMINDED THAT PASSNFLY IS A PRE-RELEASE BETA VERSION WHICH IS STILL UNDERGOING FINAL TESTING BEFORE ITS OFFICIAL RELEASE. THEREFORE, AS A USER OF THE PASSNFLY, BE AWARE THAT SOME FUNCTIONALITIES OF THE PASSNFLY SOFTWARE APPLICATION MAY NOT BE FULLY OPERATIVE OR MAY PRESENT MALFUNCTIONS, DEFECTS OR EVEN MAY INDUCT USER TO ERROR. PLEASE USE PASSNFLY BETA VERSION TAKING INTO CONSIDERATION THIS MESSAGE. PASSNFLY, ITS SOFTWARE, THE SERVICES PROVIDED AND ALL CONTENT FOUND ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SECURE ACCREDITATION SOLUTIONS TECHNOLOGIES, S.L. (SAST), DOES NOT GIVE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE SUITABILITY OR USABILITY OF THE PASSNFLY SOFTWARE APLICATION. SAST WILL NOT BE LIABLE FOR ANY LOSS, WHETHER SUCH LOSS IS DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, SUFFERED BY ANY PARTY AS A RESULT OF THEIR USE OF THE PASSNFLY, INCLUDING THE MISS OF FLIGHT, CHECK-IN MANAGEMENT ERRORS, OR NOT ACCEPTANCE BY THE AIRLINES OR AIRPORTS OF THE CHECK-IN PROVIDED TO THE CUSTOMER. ANY USE OF THE PASSNFLY SOFTWARE APLICATION SHALL BE DONE AT USER’S OWN RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES. SHOULD YOU ENCOUNTER ANY BUGS, GLITCHES, LACK OF FUNCTIONALITY OR OTHER PROBLEMS ON THE WEBSITE, PLEASE LET US KNOW SO WE CAN RECTIFY THESE ACCORDINGLY. YOUR HELP IN THIS REGARD IS GREATLY APPRECIATED. YOU CAN SEND FEEDBACK TO support (at) passnfly.com .
Acceptance of the PASSNFLY Terms of Use
These Terms of Use shall govern the PASSNFLY software application service (the “ Service ”), including, but not limited to, the customer flight check-in management, the flight monitoring and status, flight alerts, and any additional services, whether they are free or provided on a paid subscription basis (Premium Services), as provided or made available by Secure Accreditation Solutions Technologies, S.L. (SAST).
Please read carefully the terms and conditions contained herein. Your downloading of the PASSNFLY application, you registration for, or use of the Service shall be deemed to be your agreement to abide by this Terms of Use including any materials available on the PASSNFLY software application site incorporated by reference herein ( www.PASSNFLY.com ), including but not limited to PASSNFLY Privacy Policy and PASSNFLY End User License Agreement and will constitute your ongoing acceptance of the PASSNFLY Terms of Use.
Modification of the Terms of Use
PASSNFLY software applications is a work in progress, therefore SAST reserves the right to replace or modify, even dramatically, the PASSNFLY Terms of Use at any time and at its sole discretion. The date of the last update of the PASSNFLY Terms of Use will be indicated at the top of this document. Any changes will be effective immediately upon posting of the revised version. It is your responsibility to regularly review the Terms of Use to check if new changes have been included. Your continued use of the Service following the posting of any changes to the Terms of Use will constitute your acceptance of any such changes. If you do not agree to the included changes, you must stop using the Service.
Your failure to abide by the PASSNFLY Terms of Use or any further terms or conditions regulating the Service may result in suspension or termination of your access to the Service, without notice, in addition to any other remedies available to SAST.
Service
The Service includes access to PASSNFLY software application and all its functionalities, accessible through a Smartphone, PDA or computer, or any other platform or device where the software is executable.
Privacy Disclosure
PASSNFLY Privacy Policy may be viewed at SAST Site at www.PASSNFLY.com . SAST reserves the right to modify its Privacy Policy in its reasonable discretion from time to time.
Prohibited Uses
You may use the software application only for your personal and internal purposes and shall not: (i) interfere with or disrupt the integrity or performance of the software application or the data contained therein or intercept or monitor, damage or modify any communication which is not intended for you; or (ii) attempt to gain unauthorized access to the software application or its related systems or networks; (iii) send spam or otherwise duplicative or unsolicited messages in violation of software application laws; (iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children or of any third party privacy rights; (v) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs that are designed to distort, delete, damage or disassemble the PASSNFLY software application or the communication. You may not undertake, cause, permit or authorize to "frame" or "mirror" any content of the PASSNFLY software application on any other server or wireless or Internet-based device copy, display, distribute, perform, publish, modify, create (derivative) works, translate, reverse engineering, decompile, disassemble or hack the PASSNFLY software application and/or PASSNFLY services or any part thereof, in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
Your Responsibilities
You are solely and exclusively responsible for all activity occurring under your use of the account and shall abide by all software application local, state, national and foreign laws, treaties and regulations in connection with your use of the software application and its services, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify SAST immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to SAST immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you; and (iii) not impersonate another SAST user or provide false identity information to gain access to or use the software application.
Account Information and Data
You may register with PASSNFLY to create an account (“ Account ”). You shall select a password and receive an account upon completing the registration process. Use of Accounts is subject to this Agreement. SAST does not own any data, information or material that you submit to the Service in the course of using the Service (" Customer Data "). You and not SAST shall be solely and exclusively responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Customer Data, and SAST shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. SAST reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and SAST shall have no obligation to maintain or forward any Customer Data.
Free Services
Some of the PASSNFLY software application services are provided for free (“Free Services”). SAST may discontinue this policy at any time in part or in whole and choose to charge for such services. In such case you will be given a 30-day prior notice by e-mail to your e-mail account previously provided, after which you may decide to discontinue your use of the PASSNFLY Free Services or pay for the same according to SAST then current pricing and policies.
Fees and Terms of Payment
If you have subscribed for Premium Services or have required or ordered other subscriptions, you shall pay those fees and charges applicable to those Premium Services and subscriptions that are linked to your Account (hereinafter the “ Billable Services ”). Notwithstanding the foregoing, you may have to pay additional charges for services additionally required. You may add services and subscriptions to your PASSNFLY Account, authorizing SAST to automatically upgrade your Account and consent to any increase in fees and charges as a result of such upgrade. Upon your addition of services and subscription, the Billable Services shall be automatically adjusted based on the number of Billable Services currently listed. SAST shall have no obligation to notify you of a change in the total amount of fees and charges according to the updated Billable Services ordered or required. You are the sole responsible for monitoring your subscription and any associated Billable Services. If you wish to downgrade your Account to decrease your Billable Services, you must remove services and/or other subscriptions, notifying SAST, via software application or email to support (at) passnfly.com, at least (10) working days before the next applicable charge to your Account. If you fail to provide the required notice, you shall incur another subscription cycle. Your continued use of the Service is conditioned upon prompt payment of all applicable fees. Payments must be made in advance, by credit card, and in such periodicity as applicable to the specific services and subscriptions active in your Account. All amounts paid are nonrefundable. You are responsible for paying for all Billable Services selected as part of your Account regardless of whether such resources are active on the Service. Billable Services on PASSNFLY software application include subscription fee and/or charging user account for remote payment of additional services selected by user inside the software application. SAST reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least thirty (30) days prior notice to you, which notice may be provided by e-mail. Your continued use of the Service following notice of such changes shall constitute your acceptance of such changes. All pricing terms – especially offered discounts – are confidential, and you agree not to disclose them to any third party. PASSNFLY 's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies or duties.
Renewal
The initial charge amount shall be calculated based on the periodically recurring subscription fee of PASSNFLY . Billable Services shall be automatically renewed and charged as detailed above, for periods of time equivalent to the periodicity applicable to those Billable Services. To switch your account to a different billing periodicity, you shall modify your billing periodicity through PASSNFLY software application at least 10 working days prior to the applicable charge is processed or the invoice has been issued. If this modification has not been executed before the charge is processed or before the invoice has been issued, you shall incur another subscription cycle. You agree to provide SAST with complete and accurate billing and contact information. This information includes your name or legal company name, street address, e-mail address, name and telephone number of an authorized billing contact, as well as financial information such as credit card number, expiration date and digit security code. You agree to update this information within 15 days of any change to it. If the contact information you have provided is false or fraudulent, SAST reserves the right to immediately terminate your access to the Service in addition to any other legal remedies.
Free Trial
SAST may choose to provide you limited access to Premium Services in order to enable you to evaluate the same. Such Free Trial access is provided solely out of SAST good-will and SAST may discontinue it at its sole discretion at any time. Furthermore SAST may decide to discriminate between groups of users and is not committed to providing all users with the same Free Trial access rights.
Non-Payment and Suspension
If your Account becomes delinquent for a period of more than 15 days upon due date, SAST reserves the right to, in addition to any other rights and remedies granted to SAST herein, suspend or terminate the Service. Due payments are subject to a monthly interest of 5%, plus all expenses of collection. You agree that SAST may charge all unpaid fees to your credit card or otherwise bill you for such unpaid fees. If you prepay on a monthly basis SAST retains the right to require you to pay on an annual basis if your credit card on file has been declined more than twice during a calendar year. SAST reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that SAST has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is thirty (30) days or more delinquent.
Internet Delays
YOU ACKNOWLEDGE AND AGREE THAT SAST HAS NO CONTROL OVER ACCESS TO, OR THE FUNCTIONING OF, THE INTERNET. PASSNFLY SERVICES MAY BE SUBJECT TO UNAVAILABILITY, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SAST IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH SITUATIONS.
Representations and Warranties
You represent and warrant that you have the legal power and authority to accept the PASSNFLY Terms of Use. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is accurate, correct and complete.
Indemnification
You shall indemnify, defend and hold harmless SAST, parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you of this Terms of Use, provided in any such case that SAST (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release SAST of all liability and such settlement does not affect SAST's business or Service); (c) provides to you all available information and assistance at your expense; and (d) has not compromised or settled such claim.
Disclaimer
SAST MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF PASSNFLY , THE SERVICE OR ANY CONTENT. SAST DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE APP WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAST IS EXONERATED FROM ANY LOST OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A COMUNICATION ERROR OR AN EVENTUAL LOST OF YOUR FLIGHT. FURTHERMORE, SAST SHALL NOT IN ANY CASE BE RESPONSIBLE FOR ANY INCONVIENIENT CAUSED INCLUDING LOST OF FLIGHT, DUE TO YOUR EXPRESS PETITION TO RECEIVE CHECK-IN EXCLUSIVELY BY ELECTRONIC MEANS.
Limitation of Liability
IN NO EVENT SHALL SAST'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. IN NO EVENT SHALL SAST AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE EXCLUSIONS DESCRIBED IN THE PRECEDENT PROVISION, USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Termination
You may at your own discretion cancel subscription to PASSNFLY software application by using the application itself, through a specific option created for such purpose.
The Service shall also be terminated by SAST in case of a delinquent Account according to section 12.1 above, or in case of a breach of any of your obligations as set forth in these Terms of Use or the PASSNFLY End User License Agreement (EULA). Cancellation of subscription to PASSNFLY software application by you, or termination of the Service for any other cause, shall automatically terminate the present Terms of Use and the End User License Agreement (EULA), in which case section 8.4 of EULA shall apply, and sections 15, 16.2 and 17 herein shall survive.
Governing law and jurisdiction
With express waiver to any other jurisdiction that may correspond to the Parties, any dispute or controversy in relation to, in connection with or resulting from this License shall be exclusively resolved by the courts of the city of Barcelona (Spain). This License will be governed by and construed under the laws of the Kingdom of Spain
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE "REGISTER" BUTTON AND/OR CONTINUING TO INSTALL OR USE THE PASSNFLY SOFTWARE APPLICATION AND SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SAST THE RIGHTS SET FORTH HEREIN.
Last Update: November 16th 2012