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Version: 0.21.1

Terms of Use

Last Updated: 2024

AGREEMENT TO TERMS​

These Terms of Use ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and SkyDynamics ("SkyDynamics," "Company," "we," "us," or "our") governing your access to and use of the SkyDynamics documentation website located at docs.skydynamics.aero or any related subdomains (the "Documentation Site"), including all content, features, functionality, software, and services offered through the Documentation Site (collectively, the "Documentation Services").

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE DOCUMENTATION SITE.

By accessing, browsing, or using the Documentation Site in any manner, including but not limited to viewing content, downloading materials, or interacting with any features, you acknowledge that you have read, understood, and agree to be bound by these Terms and by all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from accessing or using the Documentation Site and must immediately discontinue all use thereof.

If you are accessing or using the Documentation Site on behalf of a company, organization, government agency, or other legal entity (an "Entity"), you represent and warrant that:

  • You have full legal authority to bind such Entity to these Terms;
  • You have read and understand these Terms;
  • You agree to these Terms on behalf of such Entity; and
  • All references to "you" in these Terms shall refer to both you individually and the Entity.

1. ACCEPTANCE OF TERMS​

1.1 Agreement to Terms​

Your use of the Documentation Site constitutes your acceptance of and agreement to comply with these Terms, the Disclaimer, and all applicable laws, rules, and regulations. These Terms apply to all visitors, users, and others who access or use the Documentation Site.

1.2 Modification of Terms​

SkyDynamics reserves the right, at its sole discretion, to modify, update, or change these Terms at any time without prior notice. Such modifications shall become effective immediately upon posting on the Documentation Site. Your continued use of the Documentation Site after any such modifications constitutes your acceptance of the modified Terms.

It is your responsibility to review these Terms periodically for any changes. SkyDynamics may, but is not obligated to, provide notice of material changes to these Terms by posting a notice on the Documentation Site or by other means.

1.3 Software License Agreement​

These Terms govern your use of the Documentation Site only. Your use of any SkyDynamics software products, services, or applications (the "Software") is governed by separate license agreements, service agreements, or terms of service (collectively, "Software Agreements") between you and SkyDynamics. In the event of any conflict between these Terms and any Software Agreement, the Software Agreement shall control with respect to the Software, and these Terms shall control with respect to the Documentation Site.

2. DEFINITIONS​

  • "Documentation" means all content, materials, and information available on the Documentation Site, including but not limited to text, graphics, images, code examples, configuration files, user guides, technical specifications, implementation guides, roadmaps, integration documentation, tutorials, videos, and any other materials.

  • "Documentation Site" means the website located at docs.skydynamics.aero and all related subdomains, pages, and services.

  • "Software" means any SkyDynamics software products, applications, services, platforms, or solutions, including but not limited to Aero EBT, EBT Instructor, EBT Scenario Builder, Wingman, and any related or derivative products or services.

  • "User," "you," or "your" means any individual or entity that accesses or uses the Documentation Site.

  • "SkyDynamics," "Company," "we," "us," or "our" means SkyDynamics and its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and suppliers.

3. USE OF DOCUMENTATION SITE​

3.1 Permitted Use​

Subject to your compliance with these Terms, SkyDynamics grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Documentation Site solely for:

  • Your internal business purposes;
  • Learning about and understanding SkyDynamics Software;
  • Evaluating or implementing SkyDynamics Software in accordance with your Software Agreement;
  • Training your employees, contractors, or authorized users on the use of SkyDynamics Software; and
  • Reference purposes related to your legitimate business use of SkyDynamics Software.

3.2 Restrictions on Use​

You agree NOT to:

  • Use the Documentation Site for any unlawful purpose or in violation of any applicable laws, regulations, or third-party rights;
  • Use the Documentation Site in any manner that could damage, disable, overburden, or impair the Documentation Site or interfere with any other party's use of the Documentation Site;
  • Attempt to gain unauthorized access to any portion of the Documentation Site, any related systems or networks, or any SkyDynamics systems or networks;
  • Use any robot, spider, scraper, or other automated means to access, monitor, or copy any content from the Documentation Site without SkyDynamics' prior written consent;
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software underlying the Documentation Site;
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Documentation;
  • Reproduce, modify, distribute, display, perform, publish, license, create derivative works from, or sell any information, software, products, or services obtained from or through the Documentation Site without SkyDynamics' prior written consent;
  • Use the Documentation Site to transmit any viruses, malware, or other malicious code;
  • Use the Documentation Site to transmit any unsolicited or unauthorized advertising, promotional materials, spam, or junk mail;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Collect or store personal data about other users without their consent;
  • Use the Documentation Site in any manner that violates any aviation regulations, safety standards, or operational requirements;
  • Use the Documentation Site in any manner that could create a risk of harm, loss, physical or mental injury, death, disability, or property damage;
  • Use the Documentation Site for any competitive intelligence gathering or competitive analysis purposes without SkyDynamics' prior written consent;
  • Export or re-export the Documentation or any portion thereof in violation of any applicable export control laws or regulations.

3.3 Account Security​

If you are provided with account credentials to access certain portions of the Documentation Site, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Immediately notify SkyDynamics of any unauthorized use of your account or any other breach of security;
  • Ensure that you exit from your account at the end of each session;
  • Use a strong password and take reasonable measures to protect your account;
  • Be fully responsible for all activities that occur under your account.

SkyDynamics will not be liable for any loss or damage arising from your failure to comply with this Section 3.3.

4. INTELLECTUAL PROPERTY RIGHTS​

4.1 Ownership​

The Documentation Site, including all Documentation, software, designs, text, graphics, pictures, information, data, software, code, and other files and the selection and arrangement thereof (collectively, the "Content"), is the exclusive property of SkyDynamics or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws and international conventions.

4.2 Trademarks​

All trademarks, service marks, logos, trade names, and other proprietary identifiers used on the Documentation Site (collectively, the "Trademarks") are the property of SkyDynamics or their respective owners. Nothing in these Terms or on the Documentation Site grants you any right or license to use any Trademark without the prior written consent of SkyDynamics or the respective owner.

4.3 Limited License to Documentation​

Subject to your compliance with these Terms, SkyDynamics grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, download, and print the Documentation solely for your internal business purposes and in connection with your authorized use of SkyDynamics Software under your Software Agreement.

4.4 Restrictions on Use of Content​

Except as expressly permitted in Section 4.3, you may not:

  • Copy, reproduce, distribute, republish, download, display, post, or transmit any Content in any form or by any means;
  • Create derivative works based on the Content;
  • Use any Content for commercial purposes without SkyDynamics' prior written consent;
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in any Content;
  • Use any Content in any manner that could damage SkyDynamics' reputation or goodwill.

4.5 Reservation of Rights​

All rights not expressly granted to you in these Terms are reserved by SkyDynamics and its licensors.

5. DOCUMENTATION ACCURACY AND DISCLAIMERS​

5.1 Documentation Accuracy​

YOU ACKNOWLEDGE AND AGREE THAT:

  • The Documentation may contain errors, inaccuracies, or omissions;
  • The Documentation may not reflect the current version of the Software or may be outdated;
  • The Documentation may not be complete, accurate, or current;
  • SkyDynamics does not warrant or guarantee the accuracy, completeness, or currency of the Documentation;
  • You should verify all information in the Documentation with the current Software version, release notes, or SkyDynamics support before relying on it.

5.2 No Warranty​

The Documentation is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied. Please refer to the Disclaimer for detailed warranty disclaimers.

5.3 Use at Your Own Risk​

You use the Documentation at your own risk. SkyDynamics shall not be liable for any errors, omissions, or inaccuracies in the Documentation or for any loss or damage arising from your use of or reliance on the Documentation.

6. USER CONTRIBUTIONS AND SUBMISSIONS​

6.1 User Contributions​

The Documentation Site may allow you to submit, post, upload, publish, or otherwise make available content, including but not limited to comments, feedback, suggestions, bug reports, or other materials (collectively, "User Contributions").

6.2 Ownership of User Contributions​

By submitting User Contributions to SkyDynamics, you grant SkyDynamics a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Contributions in any media formats and through any media channels, for any purpose, including but not limited to improving the Documentation Site, Documentation, or Software.

6.3 User Contribution Requirements​

You represent and warrant that:

  • You own or have the necessary licenses, rights, consents, and permissions to grant the license set forth in Section 6.2;
  • Your User Contributions do not and will not infringe, misappropriate, or violate any third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation;
  • Your User Contributions do not contain any libelous, defamatory, obscene, pornographic, abusive, offensive, or illegal material;
  • Your User Contributions do not contain any viruses, malware, or other malicious code.

6.4 User Contribution Liability​

You are solely responsible for your User Contributions and the consequences of posting or publishing them. SkyDynamics does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any User Contributions or endorse any opinions expressed in User Contributions.

6.5 SkyDynamics Rights​

SkyDynamics has the right, but not the obligation, to monitor, edit, or remove any User Contributions at any time for any reason, without prior notice or liability to you.

7. PRIVACY POLICY​

Your use of the Documentation Site is also governed by SkyDynamics' Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand SkyDynamics' practices regarding the collection, use, and disclosure of your information.

8. THIRD-PARTY CONTENT AND LINKS​

The Documentation Site may contain links to third-party websites, services, or resources, and may reference third-party software, products, or services. SkyDynamics does not endorse, control, or assume any responsibility for:

  • The content, accuracy, availability, or practices of third-party websites or services;
  • Third-party software, products, or services;
  • Any loss or damage that may arise from your use of third-party websites, services, products, or software.

Your interactions with third parties are solely between you and the third party. You agree that SkyDynamics shall not be liable for any loss or damage of any kind arising from your use of or reliance on any third-party content, services, or materials.

9. AVIATION SAFETY AND REGULATORY COMPLIANCE​

9.1 Safety-Critical Nature​

You acknowledge that Software and Documentation related to aviation training, flight operations, safety management, and regulatory compliance involve matters of extreme importance where errors or misuse could result in serious personal injury, death, property damage, or regulatory violations.

9.2 Your Responsibilities​

You are solely responsible for:

  • Ensuring that your use of the Software and Documentation complies with all applicable aviation regulations, including but not limited to Federal Aviation Administration (FAA) regulations, European Aviation Safety Agency (EASA) regulations, International Civil Aviation Organization (ICAO) standards, and any other applicable national or international aviation regulations;
  • Verifying that any training methodologies, scenarios, or operational procedures comply with applicable regulations and your organization's policies;
  • Ensuring the adequacy, accuracy, and compliance of any training programs, operational procedures, or safety management systems developed using or referencing the Documentation;
  • Obtaining all necessary approvals, certifications, or authorizations from relevant aviation authorities before using the Software or Documentation in connection with flight operations, training, or regulatory compliance.

9.3 No Regulatory Warranty​

SkyDynamics does not warrant that use of the Software or Documentation will ensure compliance with any aviation regulations, safety standards, or operational requirements. You must independently verify compliance with all applicable regulations.

10. TERMINATION​

10.1 Termination by SkyDynamics​

SkyDynamics may, in its sole discretion, terminate or suspend your access to the Documentation Site, in whole or in part, at any time, with or without cause, and with or without notice, for any reason, including but not limited to:

  • Your breach of these Terms;
  • Your violation of any applicable law or regulation;
  • Your infringement of any intellectual property rights;
  • Your engagement in fraudulent, illegal, or harmful activities;
  • For any other reason that SkyDynamics deems necessary or appropriate.

10.2 Termination by You​

You may discontinue your use of the Documentation Site at any time by ceasing all access and use thereof.

10.3 Effect of Termination​

Upon termination:

  • Your right to access and use the Documentation Site will immediately cease;
  • All licenses granted to you under these Terms will immediately terminate;
  • You must immediately cease all use of the Documentation Site and all Documentation;
  • You must delete or destroy all copies of Documentation in your possession or control;
  • Sections 4 (Intellectual Property Rights), 6.2 (Ownership of User Contributions), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14 (Governing Law and Dispute Resolution), and 15 (General Provisions) will survive termination.

10.4 Survival​

All provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, limitations of liability, and indemnification provisions.

11. DISCLAIMERS​

11.1 General Disclaimer​

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DOCUMENTATION SITE, DOCUMENTATION, AND ALL CONTENT AND SERVICES PROVIDED THROUGH THE DOCUMENTATION SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

11.2 Specific Disclaimers​

SKYDYNAMICS SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY;
  • WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE;
  • WARRANTIES OF NON-INFRINGEMENT;
  • WARRANTIES OF ACCURACY, COMPLETENESS, OR CURRENCY;
  • WARRANTIES THAT THE DOCUMENTATION SITE WILL MEET YOUR REQUIREMENTS;
  • WARRANTIES THAT THE DOCUMENTATION SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • WARRANTIES REGARDING THE RESULTS OR OUTCOMES OBTAINED FROM USING THE DOCUMENTATION SITE.

11.3 Disclaimer Reference​

For additional disclaimers, please refer to the Disclaimer, which is incorporated into these Terms by reference.

12. LIMITATION OF LIABILITY​

12.1 Limitation of Liability​

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKYDYNAMICS, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES;
  • LOSS OF USE OF SOFTWARE, SYSTEMS, OR EQUIPMENT;
  • COSTS OF SUBSTITUTE SOFTWARE, SERVICES, OR EQUIPMENT;
  • BUSINESS INTERRUPTION OR DOWNTIME;
  • PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE;
  • REGULATORY VIOLATIONS, FINES, OR PENALTIES;
  • LOSS OR DAMAGE ARISING FROM AVIATION INCIDENTS OR ACCIDENTS;
  • ANY OTHER COMMERCIAL OR ECONOMIC LOSSES;

ARISING OUT OF OR RELATED TO YOUR USE OF, RELIANCE ON, OR INABILITY TO USE THE DOCUMENTATION SITE, DOCUMENTATION, OR ANY CONTENT OR SERVICES PROVIDED THROUGH THE DOCUMENTATION SITE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF SKYDYNAMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Maximum Liability Cap​

Notwithstanding anything to the contrary in these Terms, and to the maximum extent permitted by applicable law, SkyDynamics' total cumulative liability for all claims arising out of or related to the Documentation Site, Documentation, or these Terms, regardless of the form of action, shall not exceed the amount you have paid to SkyDynamics for the Software license or service in the twelve (12) months preceding the claim, or one hundred U.S. dollars (USD $100), whichever is greater.

12.3 Essential Purpose​

The limitations and exclusions of liability set forth in these Terms are fundamental elements of the basis of the agreement between SkyDynamics and you, and these limitations and exclusions shall apply even if any remedy fails of its essential purpose.

12.4 Jurisdictional Limitations​

Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth in this Section 12 may not apply to you. In such jurisdictions, SkyDynamics' liability will be limited to the maximum extent permitted by applicable law.

13. INDEMNIFICATION​

You agree to indemnify, defend, and hold harmless SkyDynamics, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of or access to the Documentation Site or Documentation;
  • Your violation of these Terms;
  • Your violation of any rights of another person or entity;
  • Your violation of any applicable law, regulation, or rule;
  • Your use of the Software or Documentation in violation of any aviation regulations, safety standards, or operational requirements;
  • Any claim that your User Contributions infringe, misappropriate, or violate any third party's intellectual property rights or other rights;
  • Any other act or omission by you that gives rise to a claim against SkyDynamics.

SkyDynamics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SkyDynamics in asserting any available defenses.

14. GOVERNING LAW AND DISPUTE RESOLUTION​

14.1 Governing Law​

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction to be specified by SkyDynamics], without regard to its conflict of law provisions.

14.2 Jurisdiction and Venue​

Any legal action or proceeding arising out of or relating to these Terms or the Documentation Site shall be instituted exclusively in the federal or state courts located in [Jurisdiction to be specified by SkyDynamics]. You agree to submit to the personal jurisdiction of such courts and waive any objection to such venue.

14.3 Waiver of Jury Trial​

YOU AND SKYDYNAMICS HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE DOCUMENTATION SITE.

14.4 Class Action Waiver​

YOU AND SKYDYNAMICS AGREE THAT ANY CLAIMS MAY BE BROUGHT AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

15. GENERAL PROVISIONS​

15.1 Entire Agreement​

These Terms, together with the Disclaimer and Privacy Policy, constitute the entire agreement between you and SkyDynamics regarding your use of the Documentation Site and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, relating to the Documentation Site.

15.2 Severability​

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

15.3 Waiver​

No waiver by SkyDynamics of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SkyDynamics to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment​

You may not assign or transfer these Terms or any rights or obligations hereunder, in whole or in part, without SkyDynamics' prior written consent. Any attempted assignment or transfer in violation of this Section 15.4 shall be null and void. SkyDynamics may freely assign or transfer these Terms or any rights or obligations hereunder without restriction.

15.5 Relationship of Parties​

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and SkyDynamics. You may not represent yourself as an agent, representative, or employee of SkyDynamics.

15.6 Force Majeure​

SkyDynamics shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, pandemics, epidemics, or any other cause beyond the reasonable control of SkyDynamics.

15.7 Export Control​

You agree to comply with all applicable export control laws and regulations, including but not limited to:

  • U.S. Export Administration Regulations (EAR);
  • International Traffic in Arms Regulations (ITAR);
  • Sanctions administered by the U.S. Office of Foreign Assets Control (OFAC);
  • Any other applicable national or international export control or sanctions regulations.

You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to comprehensive U.S. sanctions or any other applicable sanctions.

15.8 Notices​

Any notices or communications required or permitted under these Terms shall be in writing and may be delivered by email, registered mail, or courier service. Notices to SkyDynamics shall be sent to the address or email address specified by SkyDynamics on the Documentation Site or in your Software Agreement.

15.9 Headings​

The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

15.10 Language​

These Terms may be translated into other languages for convenience. In the event of any conflict or inconsistency between the English version and any translated version, the English version shall prevail.

16. CONTACT INFORMATION​

If you have questions about these Terms, please contact SkyDynamics at:

SkyDynamics
Website: https://skydynamics.aero
[Additional contact information to be provided by SkyDynamics]

IMPORTANT REMINDER: By using the Documentation Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Disclaimer. If you do not agree to these Terms, you must immediately cease all use of the Documentation Site.

Last Updated: 2024